Loading...
HomeMy WebLinkAbout08-2661PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 176241 CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 Plaintiff V. MATTHEW A. PRAZENICA 702 HIGHLAND AVENUE MOUNT HOLLY SPRINGS, PA 17065 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 68-awl Civi I lerti CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 176241 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 #: 176241 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 #: 176241 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 #: 176241 Plaintiff is CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 2. The name(s) and last known address(es) of the Defendant(s) are: MATTHEW A. PRAZENICA 702 HIGHLAND AVENUE MOUNT HOLLY SPRINGS, PA 17065 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/21/1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ACCUBANC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1543, Page 769. By Assignment of Mortgage recorded 08/17/2001 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 680, Page 1470. 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 11/01/2007 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 #: 176241 6 The following amounts are due on the mortgage: Principal Balance $82,652.28 Interest $3,913.92 10/01/2007 through 04/22/2008 Attorney's Fees $1,250.00 Cumulative Late Charges $220.80 05/21/1999 to 04/22/2008 Cost of Suit and Title Search 550.00 Subtotal $88,587.00 Escrow Credit $0.00 Deficit $410.90 Subtotal $410.90 TOTAL $88,997.90 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 #: 176241 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $88,997.90, together with interest from 04/22/2008 at the rate of $18.12 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By? ??9 LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE Attorneys for Plaintiff File #: 176241 LEGAL DESCRIPTION ALL THOSE TWO LOTS OR PARCELS OF LAND situate in the Township of South Middleton, County of Cumberland and State of Pennsylvania, being Lots Nos. 33 and 34 in a Plan of Lots known as 'Mt. View Addition', the same being of record in the office of the Recorder of Deeds for Cumberland County in Plan Book 3, Page 86, and more particularly described as follows: Tract No. 1 BEGINNING at a point on the East side of Highland Ave., said point being the boundary line of Lots 34 and 35 and approximately 150 feet Northerly along said Highland Ave., from the Northeast point of intersection of Highland Ave. and Mt. View Drive; thence Easterly along the line of Lots 34 and 35, One Hundred Fifty Feet to a point; thence Northerly along the line of Lots 34 and 74 to a point on Woodland Ave., a distance of approximately 50 feet; thence Westerly along the South line of Woodland Ave., approximately One Hundred Fifty feet to a point at the intersection of Woodland Ave. and Highland Ave.; thence in a Southerly direction with Highland Ave. approximately 100 feet to the place of BEGINNING. HAVING thereon erected a 6 room brick house with bath and attached garage. AND BEING the same premises which Kenneth W. Hess and Leah E. Hess, his Wife, by Deed dated September 22, 1953 and recorded September 22, 1953, in the Office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania in Deed Book T, Volume 15, Page 399, granted and conveyed unto Walter H. Kutz and Helen E. Kutz, his wife. The said Walter H. Kutz died on June 25, 1978 and, by operation of law, title to said premises vested solely in Helen E. Kutz, his wife, Grantor herein, who died on July 15, 1998. Tract No. 2 ALL THAT CERTAIN lot of ground situate in the Township of South Middleton, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING at a point in the Eastern side of Highland Avenue, which point is a corner of Lot No. 34 on the hereinafter mentioned Plan of Lots; thence in an Eastwardly direction along the line of Lot No. 34, a distance of 150 feet to a point in line of Lot No. 74; thence in a Southerly direction along part of Lot No. 74, a distance of 50 feet to a point in line of land of Lot No. 36; thence in a Westwardly direction along the line of Lot No. 36, a distance of 150 feet to a point in the Eastern side of said Highland Avenue; thence in a northwardly direction along the Eastern side of said Highland Avenue, a distance of 50 feet to a point, the place of BEGINNING. BEING all of Lot No. 35 on that certain Plan of Lots laid out and adopted by M.L. Gulden, said Plan being recorded in the Office of the Recorder of Deeds in and for the County of Cumberland in Plan Book No. 3, page 86, said Plan of Lots being known as 'Mountain View Addition'. AND BEING the same premises which Ira C. Gleim and Lou E. Gleim, his wife, by Deed dated May 27, 1954 and recorded in the Office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania in Deed Book'U', Volume 15, Page 69, granted and conveyed unto Walter H. Kutz and Helen E. Kutz, his wife. The said Walter H. Kutz died on June 25, 1978 and, by operation of law, title to said premises vested solely in Helen E. Kutz, his wife, Grantor herein, who died on July 15, 1998. PREMISES: 702 HIGHLAND AVENUE PARCEL: 40-30-2646-037 VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. Attorney for Plaintiff DATE: ? `-: ? " oi Q, 0 00 `0„ V 1 T V 0 D I h V SHERIFF'S RETURN - REGULAR CASE NO: 2008-02661 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS PRAZENICA MATTHEW A MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PRAZENICA MATTHEW A the DEFENDANT , at 0840:00 HOURS, on the 12th day of May , 2008 at PETRO STATION CARLISLE, PA 17013 MATTHEW PRAZENICA 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 11.00 Affidavit .00 Surcharge 10.00 .00 ???5?1b? ??.. V39.00 Sworn and Subscibed to before me this day 1201 HARRISBURG PIKE by handing to So Answers: R. Thomas Kline 05/12/2008 PHELAN HALLINAN SCHMI By: Deputy Sheriff of A. D. A- - •? 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. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2661-CIVIL TERM VS. CUMBERLAND COUNTY MATTHEW A. PRAZENICA Defendant(s) . 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. Date: Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: \ Francis S. Halli , Esquire PHS #: 176241 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. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff VS. MATTHEW A. PRAZENICA Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-2661-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: MATTHEW A. PRAZENICA 702 HIGHLAND AVENUE MOUNT HOLLY SPRINGS, PA 17065 Date: __(4 ®Fs Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: Francis . lalIin;a?n, squire VERIFICATION Aaron Menne, hereby states that he/she is Assistant Vice President of CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC., servicingag= 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 un tands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsn falsification to authorities. Vice President DATE: ril 4, mm Company: CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Loan:1119849225 File #: 176241 -c7 fI3 ? ?'?. .?" .i(? <? ?, ?? 7^ 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. SB/M TO ABN AMRO MORTGAGE GROUP, INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 V. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2661-CIVIL TERM MATTHEW A. PRAZENICA 702 HIGHLAND AVENUE MOUNT HOLLY SPRINGS, PA 17065 Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against MATTHEW A. PRAZENICA, 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 $88,997.90 Interest from 04/23/2008 to 06/23/2008 $1,123.44 TOTAL $90,121.34 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. 6V1,x' J- A 1. Im"]44 DANIEL G. S M G, ES UIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. y DATE: o?C, r? S r oC PRO PROTHY (t,, 176241 ?l . 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. SBIM TO ABN AMRO MORTGAGE GROUP, INC. 5280 CORPORATE DRIVE MS1011 Plaintiff, V. MATTHEW A. PRAZENICA Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2661-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 MATTHEW A. PRAZENICA is over 18 years of age and resides at 702 HIGHLAND AVENUE, MOUNT HOLLY SPRINGS, PA 17065. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, E UIRE Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. 5280 CORPORATE DRIVE MS1011 Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2661-CIVIL TERM MATTHEW A. PRAZENICA Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 g. By: DEP Y If you have any questions concerning this matter, please contact: -clui )? I " - DANIEL G. SCHMIEG, E UIRE 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." 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 (715 563-7000 CITIMORTGAGE, INC. SB/M TO ABN AMRO : COURT OF COMMON PLEAS MORTGAGE GROUP, INC Plaintiff : CIVIL DIVISION Vs. MATTHEW A. PRAZENICA Defendants TO: MATTHEW A. PRAZENICA 702 HIGHLAND AVENUE MOUNT HOLLY SPRINGS, PA 17065 : CUMBERLAND COUNTY NO. 08-2661-CIVIL TERM F/? f ?OpY DATE OF NOTICE: JUNE 3, 2008 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 i? J SICA J. NAHILL, Legal 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) 563-7000 CITIMORTGAGE, INC. SB/M TO ABN AMRO : COURT OF COMMON PLEAS MORTGAGE GROUP, INC Plaintiff : CIVIL DIVISION Vs. MATTHEW A. PRAZENICA Defendants TO: MATTHEW A. PRAZENICA PETRO STATION 1201 HARRISBURG PIKE CARLISLE, PA 17013 DATE OF NOTICE: JUNE -3, 2009 CUMBERLAND COUNTY NO. 08-2661-CIVIL TERM FILE COPY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 47, J ICA J. NAHILL, Legal Assistant Q ra 4 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FOREC L ` V R L 3 P.R.C.P. 3180-3183 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff, V. MATTHEW A. PRAZENICA Defendant(s). No. 08-2661-CIVIL TER ),t TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 06/24/2008 - 12/10/2008 (per diem -$15.02) Add'1 Costs TOTAL $90,121.34 $2,553.40 and Costs $2,089.00 $94,763.74 DANIEL G. SCHMIEG, ESQUI One Penn Center at Suburban Statio 1617 John F. Kennedy Boulevard, Suite Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction < plaintiff. It may not be sold in the absence of a re res- the plaintiff at the Sheriff's Sale. The sale must be p? stayed in the event that a representative of the plaintif present at the sale. 176241 d ?z z o d a z d d H oz o w 0 w? 0t pd a F" a? 00 ?? V a V 24j- F V-4 9, '=1 Sz+ 00 F W v ia. p9.) O8 p p w .K OVA O 1 'b D a K 0 d a C7 z a a a 0 x H z a w z `a z o a x d a? ti rn 00 -00 Lo It oeft 0 O O O s D 3 N ?D C(P "JI CAIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff, MATTHEW A. PRAZENICA v. Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2661-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, 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 ,702 HIGHLAND AVENUE, MOUNT HOLLY SPRINGS, PA 17065 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MATTHEW A. PRAZENICA 702 HIGHLAND AVENUE MOUNT HOLLY SPRINGS, PA 17065 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name GMAC Mortgage Corporation dba ditech.com Secretary of Housing and Urban Development Last Known Address (if address cannot be reasonably ascertained, please indicate) 3200 Park Center Drive, Suite 150 Costa Mesa, CA 92626 451 Seventh Street Southwest Washington, DC 20410 r' 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 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 702 HIGHLAND AVENUE MOUNT HOLLY SPRINGS, PA 17065 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. July 29, 2008 DATE a?dB- DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff _ ? y;3, PHtLAN 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. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff, V. MATTHEW A. PRAZENICA Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2661-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: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant () 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. SCHMIEG, ESQUI Attorney for Plaintiff LL_ --a C J CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff, V. MATTHEW A. PRAZENICA Defendant(s). . CUMBERLAND COUNTY No. 08-2661-CIVIL TERM July 29, 2008 TO: MATTHEW A. PRAZENICA 702 HIGHLAND AVENUE MOUNT HOLLY SPRINGS, PA 17065 **THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECTA 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 ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 702 HIGHLAND AVENUE, MOUNT HOLLY SPRINGS, PA 17065, is scheduled to be sold at the Sheriffs Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $90,121.34 obtained by CITIMORTGAGE INC. SB/M TO ABN AMRO MORTGAGE GROUP. INC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this 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 e i LEGAL DESCRIPTION LOT NUbMR8 33 AND 34• ALL THOSE TWO LOTS OR PARCELS OF LAND situate in the Township of South Middleton, County of Cumberland and State of Pennsylvania, being Lots Nos. 33 and 34 in a Plan of Lots known as 'Mt. View Addition', the same being of record in the office of the Recorder of Deeds for Cumberland County in Plan Book 3, Page 86, and more particularly described as follows: BEGINNING at a point on the East side of Highland Ave., said point being the boundary line of Lots 34 and 35 and approximately 150 feet Northerly along said Highland Ave., from the Northeast point of intersection of Highland Ave. and Mt. View Drive; thence Easterly along the line of Lots 34 and 35, One Hundred Fifty Feet to a point; thence Northerly along the line of Lots 34 and 74 to a point on Woodland Ave., a distance of approximately 50 feet; thence Westerly along the South line of Woodland Ave., approximately One Hundred Fifty feet to a point at the intersection of Woodland Ave. and Highland Ave.; thence in a Southerly direction with Highland Ave. approximately 100 feet to the place of BEGINNING. HAVING thereon erected a 6 room brick house with bath and attached garage. AND BEING the same premises which Kenneth W. Hess and Leah E. Hess, his Wife, by Deed dated September 22, 1953 and recorded September 22, 1953, in the Office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania in Deed Book 'J', Volume 15, Page 399, granted and conveyed unto Walter H. Kutz and Helen E. Kutz, his wife. The said Walter H. Kutz died on June 25, 1978 and, by operation of law, title to said premises vested solely in Helen E. Kutz, his wife, Grantor herein, who died on July 15, 1998. LOT NUMBER 35: ALL THAT CERTAIN lot of ground situate in the Township of South Middleton, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING at a point in the Eastern side of Highland Avenue, which point is a corner of Lot No. 34 on the hereinafter mentioned Plan of Lots; thence in an Eastwardly direction along the line of Lot No. 34, a distance of 150 feet to a point in line of Lot No. 74; thence in a Southerly direction along part of Lot No. 74, a distance of 50 feet to a point in line of land of Lot No. 36; thence in a Westwardly direction along the line of Lot No. 36, a distance of 150 feet to a point in the Eastern side of said Highland Avenue; thence in a northwardly direction along the Eastern side of said Highland Avenue, a distance of 50 feet to a point, the place of BEGINNING. BEING all of Lot No. 35 on that certain Plan of Lots laid out and adopted by M.L. Gulden, said Plan being recorded in the Office of the Recorder of Deeds in and for the County of Cumberland in Plan Book No. 3, page 86, said Plan of Lots being known as 'Mountain View Addition'. AND BEING the same premises which Ira C. Gleim and Lou E. Gleim, his wife, by Deed dated May 27, 1954 and recorded in the Office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania in Deed Book 'U', Volume 15, Page 69, granted and conveyed unto Walter H. Kutz and Helen E. Kutz, his wife. The said Walter H. Kutz died on June 25, 1978 and, by operation of law, title to said premises vested solely in Helen E. Kutz, his wife, Grantor herein, who died on July 15, 1998. BEING THE SAME PREMISES VESTED IN Matthew A. Prazenica, by Deed from Laura F. Troutman, Individually and as Executrix of the Estate of Helen E. Kutz, dated 05/21/1999, recorded 05/21/1999, in Deed Book 199, page 1083. PREMISES BEING: 702 HIGHLAND AVENUE, MOUNT HOLLY SPRINGS, PA 17065 PARCEL NO. 40-30-2646-037 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-2661 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC., s/b/m TO ABN AMRO MORTGAGE GROUP, INC., Plaintiff (s) From MATTHEW A. PRAZENICA (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 $90,121.34 L.L.$ 0.50 Interest from 6/24/08 -12/10/08 (per diem - $15.02) - $2,553.40 and Costs Atty's Comm % Atty Paid $158.00 Plaintiff Paid Date: 7/31/08 (Seal) Due Prothy $2.00 Other Costs $2,089.00 o y onotar By: Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 AFFIDAVIT OF SERVICE PLAINTIFF CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. DEFENDANT(S) MATTHEW A. PRAZENICA SERVE MATTHEW A. PRAZENICA AT: 702 HIGHLAND AVENUE MOUNT HOLLY SPRINGS, PA 17065 CUMBERLAND COUNTY No. 08-2661-CIVIL TERM ACCT. #176241 Type of Action - Notice of Sheriffs Sale Sale Date: DECEMBER 10, 2008 SERVED Served and made known to _AA&7TU9mj _ PDAZEN I CA, Defendant, on the day of I46- UST , 2003, at % 3 o'clock .m., at 7Q`?. 91D y Foug. MOM Uwt 11 SM I N &_T 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: Description: Age W Height Go (,• Weight SD Race W Sex M Other I, I?QA/4t?-P /I O L t- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and su ibed before me this da of ---ALI _, 200 Notary: By; PL SF ATTE S"? AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. THEO J.U NOTARY PUBLIC NOT SERVED STATE OF NEW JERSEY On *W CoMWSSI111Ndf!XPIRES 10/2'5!2012 , 200- at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer 1st Attempt: / / Time• 3rd Attempt: Time: Sworn to and subscribed before me this day of , 200. Notary: Vacant 2"d Attempt: / / Time: Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 31 !? A- t m U 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. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff vs. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County MATTHEW A. PRAZENICA No. 08-2661-CIVIL TERM Defendant 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 April 24, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A„ 2. Judgment was entered on July 9, 2008 in the amount of $90,121.34. 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 December 10, 2008. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $82,652.28 Interest Through December 10, 2008 $7,866.66 Per Diem $18.12 Late Charges $552.36 Legal fees $1,250.00 Cost of Suit and Title $1,139.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $1,769.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $175.40 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $1,795.30 TOTAL $97,200.00 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 Defendant. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on September 24, 2008 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. 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. ae 11' n & hmieg, LLP DATE: By: Michele M. Bra ford, squire 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. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff vs. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County MATTHEW A. PRAZENICA No. 08-2661-CIVIL TERM Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE MATTHEW A. PRAZENICA 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 702 HIGHLAND AVENUE, MOUNT HOLLY SPRINGS, PA 17065. 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, Defendant 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 Defendant 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 Mortg eCorporation 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 Defendant 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 Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is 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 mortgagor has 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). Sisal 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 Defendant 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: D Irnhmi eg,LLP By: 0 Michele M. Bradford, squire e Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 176241 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. 5280 CORPORATE DRIVE MS 1011 FREDERICK, MD 21703 V. Plaintiff o? a ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. D$ - a(alol 3,61 Tern MATTHEW A. PRA,ZENICA 702 HIGHLAND AVENUE MOUNT HOLLY SPRINGS, PA 17065 CUMBERLAND COUNTY LE COPY PLEASE RETURN Defendant CIVIL ACTION - LAW so COMPLAINT IN MORTGAGE FO 01 V10 File #: 176241 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 Fik #: 176241 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 #: 176241 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 8: 176241 1. Plaintiff is CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 2. The name(s) and last known address(es) of the Defendant(s) are: MATTHEW A. PRAZENICA 702 HIGHLAND AVENUE MOUNT HOLLY SPRINGS, PA 17065 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/21/1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ACCUBANC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1543, Page 769. By Assignment of Mortgage recorded 08/17/2001 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 680, Page 1470. 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 11/01/2007 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 #: 176241 6. The following amounts are due on the mortgage: Principal Balance $82,652.28 Interest $3,913.92 10/01/2007 through 04/22/2008 Attorney's Fees $1,250.00 Cumulative Late Charges $220.80 05/21/1999 to 04/22/2008 Cost of Suit and Title Search 550.00 Subtotal $88,587.00 Escrow Credit $0.00 Deficit $410.90 Subtotal 410.90 TOTAL $88,997.90 7. 8. If the mortgage is reinstated prior to a Sheriff s 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) hasthave 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 #: 176241 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $88,997.90, together with interest from 04/22/2008 at the rate of $18.12 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By- 3Qa9 LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE Attorneys for Plaintiff File #: 176241 LEGAL DESCRIPTION ALL THOSE TWO LOTS OR PARCELS OF LAND situate in the Township of South Middleton, County of Cumberland and State of Pennsylvania, being Lots Nos. 33 and 34 in a Plan of Lots known as 'Mt. View Addition', the same being of record in the office of the Recorder of Deeds for Cumberland County in Plan Book 3, Page 86, and more particularly described as follows: Tract No. 1 BEGINNING at a point on the East side of Highland Ave., said point being the boundary line of Lots 34 and 35 and approximately 150 feet Northerly along said Highland Ave., from the Northeast point of intersection of Highland Ave. and Mt. View Drive; thence Easterly along the line of Lots 34 and 35, One Hundred Fifty Feet to a point; thence Northerly along the line of Lots 34 and 74 to a point on Woodland Ave., a distance of approximately 50 feet; thence Westerly along the South line of Woodland Ave., approximately One Hundred Fifty feet to a point at the intersection of Woodland Ave. and Highland Ave.; thence in a Southerly direction with Highland Ave. approximately 100 feet to the place of BEGINNING. HAVING thereon erected a 6 room brick house with bath and attached garage. AND BEING the same premises which Kenneth W. Hess and Leah E. Hess, his Wife, by Deed dated September 22, 1953 and recorded September 22, 1953, in the Office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania in Deed Book T, Volume 15, Page 399, granted and conveyed unto Walter H. Kutz and Helen E. Kutz, his wife. The said Walter H. Kutz died on June 25, 1978 and, by operation of law, title to said premises vested solely in Helen E. Kutz, his wife, Grantor herein, who died on July 15, 1998. Tract No. 2 ALL THAT CERTAIN lot of ground situate in the Township of South Middleton, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING at a point in the Eastern side of Highland Avenue, which point is a corner of Lot No. 34 on the hereinafter mentioned Plan of Lots; thence in an Eastwardly direction along the line of Lot No. 34, a distance of 150 feet to a point in line of Lot No. 74; thence in a Southerly direction along part of Lot No. 74, a distance of 50 feet to a point in line of land of Lot No. 36; thence in a Westwardly direction along the line of Lot No. 36, a distance of 150 feet to a point in the Eastern side of said Highland Avenue; thence in a northwardly direction along the Eastern side of said Highland Avenue, a distance of 50 feet to a point, the place of BEGINNING. BEING all of Lot No. 35 on that certain Plan of Lots laid out and adopted by M.L. Gulden, said Plan being recorded in the Office of the Recorder of Deeds in and for the County of Cumberland in Plan Book No. 3, page 86, said Plan of Lots being known as 'Mountain View Addition'. AND BEING the same premises which Ira. C. Gleim and Lou E. Gleim, his wife, by Deed dated May 27, 1954 and recorded in the Office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania in Deed Book'U', Volume 15, Page 69, granted and conveyed unto Walter H. Kutz and Helen E. Kutz, his wife. The said Walter H. Kutz died on June 25, 1978 and, by operation of law, title to said premises vested solely in Helen E. Kutz, his wife, Grantor herein, who died on July 15, 1998. PREMISES: 702 HIGHLAND AVENUE PARCEL: 40-3 0-2646-03 7 VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. • Zak Attorney for Plaintiff DATE: ?/' `' Exhibit "B" HELAN 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 -n CITIMORTGAGE, INC. SB/M TO ABN AMRO IT-- C HIM MORTGAGE GROUP, INC. CUMBERLAND CO `- ' "0 5280 CORPORATE DRIVE MS1011 COURT OF COMMON AS cat FREDERICK, MD 21703 CIVIL DIVISION L rv J'am' Plaintiff, ? - r-V. NO. 08-2661-CIVIL TERM 'g` MATTHEW A. PRAZENICA , 702 HIGHLAND AVENUE , MOUNT HOLLY SPRINGS, PA 17065 Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGEATTORNEY FILE COPY PLEASE RETURN TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against MATTHEW A. PRAZENICA. 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 $88,997.90 Interest from 04/23/2008 to 06/23/2008 $1,123.44 TOTAL $90,121.34 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as show d (2) that notice has been given in accordance with Rule 237.1, copy attached.ATTC)RNEY 1? PLEASE RETURN DANIEL G. S G, ES UIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. mod ??-- DATE: /S/ le. oe PRO PROTHY 176241 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 September 24, 2008 MATTHEW A. PRAZENICA 702 HIGHLAND AVENUE MOUNT HOLLY SPRINGS, PA 17065 Representing Lenders in Pennsylvania and New Jersey RE: CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. vs. MATTHEW A. PRAZENICA Premises Address: 702 HIGHLAND AVENUE MOUNT HOLLY SPRINGS, PA 17065 CUMBERLAND County CCP, No. 08-2661-CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by Monday, September 29, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. ire M=Inan For Phel li& Schmieg, LLP Enclosure T ?t`Sr '7 u y ? Qy ..} E N (/? so i 3003diz woad 03i?trw . bZd3S 0l091Zb000 'to OU ZO C NSbd Soo a h ? O ? C N u v E w° r ? d ? w S ° U.. 0 tO v? g? o W? >,c W C Vl ,C W O ° O ON. y W v ?'^g '° AA u a ? ? 0-4 0 964 C14 b C 0. ttl T O ? U ? a W v? 4 46 a a '?C a z z x a ? v a? z'a ° z d °O N as 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. DATE: b chmieg, LLP By: Michele M. Brad 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. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff VS. MATTHEW A. PRAZENICA Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-2661-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. MATTHEW A. PRAZENICA 702 HIGHLAND AVENUE MOUNT HOLLY SPRINGS, PA 17065 , LLP DATE: By: M11radf_Ar_ord_A Michee . , squi re Attorney for Plaintiff C\j F r ? - LLI CL LL! U._ e'ss OCT 0 2 Z0084 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CITIMORTGAGE, INC. S/B/M TO ABN AMRO Court of Common Pleas MORTGAGE GROUP, INC. : Plaintiff Civil Division VS. CUMBERLAND County MATTHEW A. PRAZENICA No. 08-2661-CIVIL TERM Defendant RULE AND NOW, this day of 2008, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. wr Rule Returnable oa4 C . BY THE COURT Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradfordp_fed hp e.com - &A f'. C45 eft.11t ?o/a/_w Z a 7 s ZL I marls stJ C? el , ? v MATTHEW A. PRAZENICA 702 HIGHLAND AVENUE MOUNT HOLLY SPRINGS, PA 17065 176241 0 , o 1 I°!V L- 100 95OZ nH' , 3Hl 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. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff VS. MATTHEW A. PRAZENICA Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-2661-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 b? was sent to the following individual on the date indicated below. MATTHEW A. PRAZENICA 702 HIGHLAND AVENUE MOUNT HOLLY SPRINGS, PA 17065 DATE: MATTHEW A. PRAZENICA 702 HIGHLAND AVE MT HOLLY SPGS, PA 17065 Velela 1' chmieg, LLP By: MM. Bradford, Esquire Attorney for Plaintiff R X-n 4Ln r T?(7 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. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff vs. MATTHEW A. PRAZENICA Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-2661-CIVIL TERM MOTION TO MAKE RULE ABSOLUTE CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, 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 October 1, 2008. 3. A Rule was entered by the Court on or about October 6, 2008 directing the Defendant 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 October 14, 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. Defendant failed to respond or otherwise plead by the Rule Returnable date of November 3, 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 rell' an & ieg, LLP By: adford, 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. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff VS. MATTHEW A. PRAZENICA Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-2661-CIVIL TERM BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on October 1, 2008. A Rule was entered by the Court on or about October 6, 2008 directing the Defendant 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 October 14, 2008 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of November 3, 2008. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: ?% P e 11' an chm By: ieg, LLP Michele M. Brad ord, squire Attorney for Plaintiff Exhibit "A" OCT 0 2 20084 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CITIMORTGAGE, INC. SB/M TO ABN AMRO Court of Common Pleas MORTGAGE GROUP, INC. : Plaintiff Civil Division VS. CUMBERLAND County MATTHEW A. PRAZENICA No. 08-2661-CIVIL TERM Defendant RULE AND NOW, this day of 2008, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. W; Rule Returnable en4 ,n• 2a C,27s o3 1V1 G ?Ae__ J t iix-) Jcj . C Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford a,fedphe.com MATTHEW A. PRAZENICA 702 HIGHLAND AVENUE MOUNT HOLLY SPRINGS, PA 17065 ?"? a .? A "i 176241 Pa Exhibit "B" S Ia L C:) ri r, ez rn ---? I --< <. 5C _ 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. S/B/M P' MORTGAGE GROUP, INC. Plaintiff vs. MATTHEW A. PRAZENICA Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-2661-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct co our Motion to Reassess Damages noting a VIN ? Rule Return date of 06 was h following individual on the date indicated below. MATTHEW A. PRAZENICA MATTHEW A. PRAZENICA 702 HIGHLAND AVENUE 702 HIGHLAND AVE MOUNT HOLLY SPRINGS, PA 17065 MT HOLLY SPGS, PA 17065 ,. 1 1' chmieg, LLP DATE: ?Q jq : CR Michele' M. Bradford, 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. MB'radford, ieg, LLP DATE:By: Micquire 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. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff VS. MATTHEW A. PRAZENICA Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-2661-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. MATTHEW A. PRAZENICA 702 HIGHLAND AVENUE MOUNT HOLLY SPRINGS, PA 17065 DATE: By: Mlieg, LLP re Attorney for Plaintiff L`? t "`?3 -;-? } Gj y7 ? ? 'Tm _. C:,?" t .. ..,-.. %?_.7 - ? 1 ?y .r CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff, V. MATTHEW A. PRAZENICA Defendant(s). CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, 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 ,702 HIGHLAND AVENUE, MOUNT HOLLY SPRINGS, PA 17065. AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) 1. 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) ABN AMRO Mortgage Group, Inc. C/o Joseph A. Goldbeck, Jr., Esquire CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2661-CIVIL TERM AMENDED 5000 Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 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. o November 10, 2008 DATE DANIEL G. SCH IEG, ESQU4WE Attorney for Plaintiff rr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. SB/M TO ABN AMRO CUMBERLAND COUNTY MORTGAGE GROUP, INC. COURT OF COMMON PLEAS Plaintiff V. CIVIL DIVISION MATTHEW A. PRAZENICA NO. 08-2661-CIVIL TERM Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND COUNTY ) SS: 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: 702 HIGH AND AVF.NIIF._ M01 NT HOLLY SPRINGS, PA 17065. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders 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 No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. 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. B ? DANIEL G. SC G, ESQUIRE Attorney for Plaintiff Date: November 10, 2008 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he cold in the ahsence 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. 176241 A r Age all. pill i;j 1? ii{} 41,61 F 1# !8 M 4=n L Ax s< ..- ?b WW#3i[13`i14?1?1 9 t ? 4 p soot cc IW o tt1j814?4©ta 00?. I0 's &WUM 'o IV %SOW . Altai 06 YMNI in b .. 1C4 1 ?, i-* {-,. l'D Ir-I.0 10, 111--I?:l I - I:! 4 r ts; co tt? L . { 4« N V NOV, 0 7 200861 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. S/B/M TO ABN AMRO Court of Common Pleas MORTGAGE GROUP, INC. Plaintiff Civil Division VS. MATTHEW A. PRAZENICA CUMBERLAND County No. 08-2661-CIVIL TERM Defendant } ORDER AND NOW, this jk l ' day of P ov, , 2008, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant 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 $82,652.28 Interest Through December 10, 2008 $7,866.66 Per Diem $18.12 Late Charges $552.36 Legal fees $1,250.00 Cost of Suit and Title $1,139.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $1,769.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $175.40 Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $0.00 ($0.00) $1,795.30 $97,200.00 Plus interest from December 10, 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. 0 176241 V{NVAIASNN?d 8 S --Z Nd £ 1 NON MI hWjU4Cj -L `'' d 341 J7 3O -'-fit-lam Citirngrtgage, Inc. s/b/m to ABN Mortgage In the Court of Common Pleas of Group, Inc. Cumberland County, Pennsylvania VS Writ No. 2008-2661 Civil Term Matthew A. Prazenica Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on August 23, 2008 at 1335 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: Matthew A. Prazenica by making known unto Shawna Kennedy, adult girlfriend of Matthew A. Prazenica, at 702 Highland Ave., Mt. Holly Springs, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 7, 2008 at 1829 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 Matthew A. Prazenica, located at 702 Highland Avenue, Mt. Holly Springs, 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 defendant, to wit: Matthew A. Prazenica, by regular mail to his last known address of 702 Highland Avenue, Mt. Holly Springs, PA 17065. This letter was mailed under the date of October 6, 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. Sheriff's Costs: Docketing 30.00 Poundage 32.14 Posting Bills 45.00 Advertising 45.00 Law Library .50 Prothonotary 2.00 Mileage 12.00 Levy 45.00 Surcharge 40.00 Postpone sale 40.00 Law Journal 713.00 Patriot News 619.55 Share of bills 14.92 1639.11 S??A4acwle?' R. Thomas Kline, Sheriff 1 BY Real Estate Coordinator r/ 6/b 7/09 7- ?• `? f Y •r l.. x.40 C- I Sb ` rn13 :x f-n V •• W C 911Y3 Ch-? ?.?YF3y CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. vPlaintiff, v. MATTHEW A. PRAZENICA Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2661-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP. INC Plaintiff in the above action, by its attorney, DANIEL G. SCHI%GEG, 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 ,702 HIGHLAND AVENUE, MOUNT HOLLY SPRINGS, PA 17065. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MATTHEW A. PRAZENICA 702 HIGHLAND AVENUE MOUNT HOLLY SPRINGS, PA 17065 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name GMAC Mortgage Corporation dba ditech.com Secretary of Housing and Urban Development Last Known Address (if address cannot be reasonably ascertained, please indicate) 3200 Park Center Drive, Suite 150 Costa Mesa, CA 92626 451 Seventh Street Southwest Washington, DC 20410 . 5, Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Taal Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 702 HIGHLAND AVENUE MOUNT HOLLY SPRINGS, PA 17065 13 North Hanover Street Carlisle, PA 17013 PO Boat 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 unworn falsification to authorities. July 29, 2008 a±a 'm - DATE DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff 4 CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff, V. MATTHEW A. PRAZENICA Defendant(s). CUMBERLAND COUNTY No. 08-2661-CIVIL TERM July 29, 2008 TO: MATTHEW A. PRAZENICA 702 HIGHLAND AVENUE MOUNT HOLLY SPRINGS, PA 17065 **THIS FIRMISA DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMAHON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 702 HIGHLAND AVENUE, MOUNT HOLLY SPRINGS, PA 17065, is scheduled to be sold at the Sheriffs Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $90,121.34 obtained by CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be 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 Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (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 J01 LEGAL DESCRIPTION LOT NUMBERS 33 AND 34: ALL THOSE TWO LOTS OR PARCELS OF LAND situate in the Township of South Middleton, County of Cumberland and State of Pennsylvania, being Lots Nos. 33 and 34 in a Plan of Lots known as 'Mt. View Addition', the same being of record in the office of the Recorder of Deeds for Cumberland County in Plan Book 3, Page 86, and more particularly described as follows: BEGINNING at a point on the East side of Highland Ave., said point being the boundary line of Lots 34 and 35 and approximately 150 feet Northerly along said Highland Ave., from the Northeast point of intersection of Highland Ave. and Mt. View Drive; thence Easterly along the line of Lots 34 and 35, One Hundred Fifty Feet to a point; thence Northerly along the line of Lots 34 and 74 to a point on Woodland Ave., a distance of approximately 50 feet; thence Westerly along the South line of Woodland Ave., approximately One Hundred Fifty feet to a point at the intersection of Woodland Ave. and Highland Ave.; thence in a Southerly direction with Highland Ave. approximately 100 feet to the place of BEGINNING. HAVING thereon erected a 6 room brick house with bath and attached garage. AND BEING the same premises which Kenneth W. Hess and Leah E. Hess, his Wife, by Deed dated September 22, 1953 and recorded September 22, 1953, in the Office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania in Deed Book 'J', Volume 15, Page 399, granted and conveyed unto Walter H. Kutz and Helen E. Kutz, his wife. The said Walter H. Kutz died on June 25, 1978 and, by operation of law, title to said premises vested solely in Helen E. Kutz, his wife, Grantor herein, who died on July 15, 1998. LOT NUMBER 35: ALL THAT CERTAIN lot of ground situate in the Township of South Middleton, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING at a point in the Eastern side of Highland Avenue, which point is a corner of Lot No. 34 on the hereinafter mentioned Plan of Lots; thence in an Eastwardly direction along the line of Lot No. 34, a distance of 150 feet to a point in line of Lot No. 74; thence in a Southerly direction along part of Lot No. 74, a distance of 50 feet to a point in line of land of Lot No. 36; thence in a Westwardly direction along the line of Lot No. 36, a distance of 150 feet to a point in the Eastern side of said Highland Avenue; thence in a northwardly direction along the Eastern side of said Highland Avenue, a distance of 50 feet to a point, the place of BEGINNING. BEING all of Lot No. 35 on that certain Plan of Lots laid out and adopted by M.L. Gulden, said Plan being recorded in the Office of the Recorder of Deeds in and for the County of Cumberland in Plan Book No. 3, page 86, said Plan of Lots being known as 'Mountain View Addition'. AND BEING the same premises which Ira C. Gleim and Lou E. Gleim, his wife, by Deed dated May 27, 1954 and recorded in the Office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania in Deed Book 'U', Volume 15, Page 69, granted and conveyed unto Walter H. Kutz and Helen E. Kutz, his wife. The said Walter H. Kutz died on June 25, 1978 and, by operation of law, title to said premises vested solely in Helen E. Kutz, his wife, Grantor herein, who died on July 15, 1998. BEING THE SAME PREMISES VESTED IN Matthew A. Prazenica, by Deed from Laura F. Troutman, Individually and as Executrix of the Estate of Helen E. Kutz, dated 05/21/1999, recorded 05/21/1999, in Deed Book 199, page 1083. PREMISES BEING: 702 HIGHLAND AVENUE, MOUNT HOLLY SPRINGS, PA 17065 PARCEL NO. 40-30-2646-037 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-2661 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC., s/b/m TO ABN AMRO MORTGAGE GROUP, INC., Plaintiff (s) From MATTHEW A. PRAZENICA (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 $90,121.34 L.L.$ 0.50 Interest from 6/24/08 -12/10/08 (per diem - $15.02) - $2,553.40 and Costs Atty's Comm Atty Paid $158.00 Plaintiff Paid Date: 7/31/08 (Seal) Other Costs $2,089.00 rothonotar By: Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 % Due Prothy $2.00 Supreme Court ID No. 62205 Real Estate Sale #08 On August 15, 2008 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA Known and numbered as 702 Highland Ave., Mt. Holly Springs more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 15, 2008. By: Real Es to Sergeant U Z c d 1-,o OOOZ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 31, November 7 and November 14, 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. 14 day of November, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY MY Commission Expires Apr 28, 2010 SWORN TO AND SUBSCRIBED before me this VS" ¦0TAffl! SWA M s Writ No. 2008-2661 Civil Citimortgage, Inc. s/b/m to ABN AMRO Mortgage Group, Inc. VS. Matthew A. Prazenica Atty.: Daniel Schmieg LEGAL DESCRIPTION LOT NUMBERS 33 AND 34: ALL THOSE TWO LOTS OR PAR- CELS OF LAND situate in the Town- ship of South Middleton, County of Cumberland and State of Pennsyl- vania, being Lots Nos. 33 and 34 in a Plan of Lots known as `Mt. View Addition', the same being of record in the office of the Recorder of Deeds for Cumberland County in Plan Book 3, Page 86, and more particularly described as follows: BEGINNING at a point on the East side of Highland Ave., said point be- ing the boundary line of Lots 34 and 35 and approximately 150 feet North- erly along said Highland Ave., from the Northeast point of interuftan. of Higbland Ave. and Ift. Vkw LMre; thence &wterly along the hm d1at i 34 and 35, One Hundred Fifty Poet to a point; thence Northerly along the line of Lots 34 and 74 to a point on Woodland Ave., a distance of ap- proximately 50 feet; thence Westerly along the South line of Woodland Ave., approximately One Hundred Fifty feet to a point at the intersection of Woodland Ave. and Highland Ave.; thence in a Southerly direction with Highland Ave. approximately 100 feet to the place of BEGINNING. HAVING thereon erected a 6 room brick house with bath and attached garage. AND BEING the same premises which Kenneth W. Hess and Leah E. Hess, his Wife, by Deed dated f September 22, 1953 and recorded September 22, 1953, in the Office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania in J Deed Book `J', Volume 15, Page 399, granted and conveyed unto Walter H. Kutz and Helen E. Kutz, his wife. The said Walter H. Kutz died on June 25, 1978 and, by operation of law, title to said premises vested solely in Helen E. Kutz, his wife, Grantor herein, who died on July 15, 1998. LOT NUMBER 35: ALL THAT CERTAIN lot of ground situate in the Township of South Middleton, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING at a point in the Eastern side of Highland Avenue, which point is a corner of Lot No. 34 on the hereinafter mentioned Plan of Lots; thence in an Eastwardly direc- tion along the line of Lot No. 34, a distance of 150 feet to a point in line of Lot No. 74; thence in a Southerly direction along part of Lot No. 74, a distance of 50 feet to a point in line of land of Lot No. 36; thence in a Westwardly direction along the line of Lot No. 36, a distance of 150 feet to a point in the Eastern side of said Highland Avenue; thence in a north- wardly direction along the Eastern side of said Highland Avenue, a dis- tance of 50 feet to a point, the place of BEGINNING. BEING all of Lot No. 35 on that certain Plan of Lots laid out and adopted by M.L. Gulden, said Plan being recorded in the Office of the Recorder of Deeds in and for the County of Cumberland in Plan Book No. 3, page 86, said Plan of Lots being known as `Mountain View Addition.'. AND BEING the same prem- ises which Ira C. Gleim and Lou E. Gleim, his wife, by Deed dated May 27, 1954 and recorded in the Office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania in Deed Book `U', Volume 15, Page 69, granted and conveyed unto Walter H. Kutz and Helen E. Kutz, his wife. The said Walter H. Kutz died on June 25, 1978 and, by operation of law, title to said premises vested solely in Helen E. Kutz, his wife, Grantor herein, who died on July 15, 1998. BEING THE SAME PREMISES VESTED IN Matthew A. Prazenica, by Deed from Laura F. Troutman, Individually and as Executrix of the Estate of Helen E. Kutz, dated 05/21/ 1999, recorded 05/21/ 1999, in Deed Book 199, page 1083. PREMISES BEING: 702 HIGH- LAND AVENUE, MOUNT HOLLY SPRINGS, PA 17065. PARCEL NO. 40-30-2646-037. 'rhi-? Patrio'-News Co. 812 /Market St. Harrisburg, PA 17101 Inquiries - 717-255-8218 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE z4f 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 Joseph A. Dennison, being duly sworn according to law, deposes and says'. That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That tie 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: Sworn to and Sl bscribed before me this.25 day of November, 2008 A.D. Notary Public 10/29/08 11105108 11/12/08 COMMONWEALTH Jr` PE NSYLVANW Notarial Sea! Sherrie L Kisw, Notary r"ubk, City Of "arrisburq Daa ,prin County n+s:401-• F xp:ree Nov.:25, 2011 Member, Pennskivania .Asswistion M Natariec Real Estate Sale No. 8 Writ No. 2008-2661 Civil Term Citimortgage, Inc, wWm to ABN Amro Mortgage Group, Inc. VS i%LL THAT CERTAIN lot of ground situate it. Matthew A. Prazenica the Township of South Middleton, County of Attorney Daniel Schmieg Cumberland and State of Pennsylvania, bounded and described as follows: LEGAL DESCRIPTION BEGINNING at a point in the Eastern side of Highland Avenue, which point is a corner of Lot LOT NUMBERS 33 AND 34: No. 34 on the hereinafter mentioned Plan of ALL THOSE TWO LOTS OR PARCELS OF ` ots; thence in an Eetwardly direction along LAND situate in the Township of South the line of Lot No. 34, a distance of 150 feet to a Middleton, County of Cumberland and State of point in line of Lot No. 74; thence in a Southerly Pennsylvania, being Lots Nos. 33 and 34 in a direction along part of Lot No. 74, a distance of Plan of Lots known as 'Mt. View Addition', the 150 feet to a point in line of land of Lot No. 36; same being of record in the office of the thence in a Westwardly direction along the line Recorder of Deeds for Cumberland County in of Lot No. 36, a distance of 150 feet to a point in Plan Book 3, Page 86, and more particularly ' the Eastern side of said Highland Avenue; described as follows: thence in a`northwardly direction along the BEGINNING at a point on the East side of Eastern side of said Highland Avenue, a distance Highland Ave., said point being tbe boundary of 50 feet to a point, the place of BEGINNING. line of Lots 34 and 35 and approximately 150 BEING all of Lot No. 35 on that certain Plan of feet NWINWly *g "W tloiliaad Ave., >rom Lots laid out and adopted by M.L. Gulden, said the Norkm p*W j*; q of Plan being recorded in the Office of the Ave. and ML View Dime; tbetim Easlerly along Recorder of Deeds in and for the County of the line of Lots 34 and 35, One Hundred Fifty Cumberland in Plan Book No. 3, page 86, said Feet to a point; thence Northerly along the line Plan of Lots being known as `Mountain View of Lots 34 and 74 to a point on Woodland Ave., Addition'. a distance of approximately 50 feet; thence AND BEING the same premises which Ira C. Westerly along the South line of Woodland Ave., Gleim and Lou E. Gleim, his wife, by Deed approximately One Hundred Fifty feet to a point dated May 27, 1954 and recorded in the Office at the intersection of Woodland Ave. and of the Recorder of Deeds, in and for Highland Ave.; thence in a Southerly direction Cumberland County, Pennsylvania in Deed with Highland Ave. approximately 100 feet to Book `U', Volume 15, Page 69, granted and the place of BEGINNING. conveyed unto Walter H. Kutz and Helen E. HAVING thereon erected a 6 room brick house Kutz, his wife. The said Walter H. Kutz died on with bath and attached garage. June 25, 1978 and, by operation of law, title to AND BEING the same premises which Kenneth said premises vested solely in Helen E. Kutz, his W. Hess and Leah E. Hess, his Wife, by Deed wife, Grantor herein, who died on July 15, 1998. dated September 22, 1953 and recorded BEING THE SAME PREMISES VESTED IN September 22, 1953, in the Office of the Matthew A. Prazenica, by Deed from Laura F. Recorder of Deeds, in and for Cumberland Troutman, Individually and as Executrix of the County, Pennsylvania in Deed Book 'J', Volume Estate of Helen E. Kutz, dated 05121/1999, 15, Page 399, granted and conveyed unto Walter recorded 05/21/1999, in Deed Book 199, page H. Kutz and Helen E. Katz, his wife. The said 1083. Walter H. Kutz died on June 25, 1978 and, by PREMISES BEING: 702 HIGHLAND operation of law, title to said premises vested AVENUE, MOUNT HOLLY SPRINGS, PA solely in Helen E. Kutz, his wife, Grantor 17065 herein, who died on July 15,1998. PARCEL NO. 40-30-2646-037 LOT NUMBER 35: 67, 21.4/ IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: MATTHEW A. PRAZENICA Debtor CMWORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Movant V. MATTHEW A. PRAZENICA Respondent • Bk. No. 1:08-bk404583 MDF Chapter No. 13 11 U.S.C. §362 ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 U.S.C. §362 is modified with respect to premises 702 HIGHLAND AVENUE, MOUNT HOLLY SPRINGS, PA 17065, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage or take any legal or consensual action enforcement of its right to possession of, or title to, said premises (such actions may include but are not limited to the signing of a deed in lieu of foreclosure or entering into a loan modification agreement) and to allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further; ORDERED that Rule 400l(a)(3) is not applicable and CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. may immediately enforce and implement this Order granting Relief from the automatic stay. Dated: May 12, 2009 Case 1:08-bk-04583-MDF Doc 30 Filed 05/12/09 Entered 05/12/09 15:47:57 Desc Main Document Page 1 of 1 i ?Z - CE OF TNT PPOITIONOTAPY 2009 AUG 18 PM 12= 21 CLIMB" uA - u OWN T Y PENNSYLVANIA IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: MATTHEW A. PRAZENICA Debtor(s) Chapter: 13 Case Number: 1:08-bk-04583-MDF CHARLES J. DEHART, III CHAPTER 13 TRUSTEE Movant(s) vs. MATTHEW A. PRAZENICA Respondent(s) ORDER DISMISSING CASE Upon consideration of the Trustee's Motion to dismiss case and it having been determined after notice and no response that the case should be dismissed, it is ORDERED.that the above-named case of the debtor(s) be and it hereby is dismissed. By the. Count,, 7P,41,4i? ?, d (JOK). This docwunt #s eledroniically signed and ted:nn thesame date. Dated: July 23, 2009 MDPA-Dismiss Case. W PT - REV 03/09 Case 1:08-bk-04583-MDF Doc 34 Filed 07/23/09 Entered 07/23/09 16:33:46 Desc Main Document Page 1 of 1 FILED-OFFICE OF THE P THMOTARY 2009 AUG 18 PM 12: 21 CUMBE'* t.r,, iu v LINTY PENNSYLVANIA (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff, V. MATTHEW A. PRAZENICA Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due No. 08-2661-CIVIL TERM $97,200.00 Interest from 12/11/2008 - 12/09/2009 (per diem -$16.20) TOTAL $5,896.80 $103,096.80 ? Lawrence T. Phelan, Esq., Id. No. 32227 ? cis 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 F1 Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Note: Please attach description of property. 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. 176241 OF D" ARY 8Q9 AUG 18 PM 2= 40 Ct r(f0 sa-9 w 0 o w? z z o d O W E., W W o a° a o . ril-4 r, W G9 W c U W a O v 6. r &,,z ,56-,o P 'l. 4,Z&-, f, uU s: in .2 V. UO y 0'70 C° oL 4. m &"77?' cl?p /Lag. 10 4 /F?F.G? O N W) O? p n (n? ?W) ?p ? h n v1 ? ? n ? M f Y N n M M O p O N A+ %0 pOO p O 00 ?zNfV O C Oz„ Oh0 Ntyt-- © pr'gi Gz p W 'Czz?z O CC ??O oz -^z +?"Z"nb ?'C'?d• zzoo z;.ti r71.d? *..' ;R- Go N 062 S R) A. .71 TV ?? ?????????????? N a PHELAN HALLINAN & SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION ATTORNEY FOR PLAINTIFF 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. MATTHEW A. PRAZENICA Defendant(s). CIVIL DIVISION NO. 08-2661-CIVIL TERM CERTIFICATION The undersigned attorney, hereby verifies that he/she is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant 0 Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C. A. §4904 relating to unsworn falsification to authorities. ? Lawrence T. Phelan, Esq., Id. No. 32227 ?'ancis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FI Flt OF T W HONOTARY 2009 AUG 18 PM 12: 21 t?WlY PENNSYLVANIA LEGAL DESCRIPTION ALL THOSE TWO LOTS OR PARCELS OF LAND situate in the Township of South Middleton, County of Cumberland and State of Pennsylvania, being Lots Nos. 33 and 34 in a Plan of Lots known as'Mt. View Addition', the same being of record in the office of the Recorder of Deeds for Cumberland County in Plan Book 3, Page 86, and more particularly described as follows: Tract No. 1 BEGINNING at a point on the East side of Highland Ave., said point being the boundary line of Lots 34 and 35 and approximately 150 feet Northerly along said Highland Ave., from the Northeast point of intersection of Highland Ave. and Mt. View Drive; thence Easterly along the line of Lots 34 and 35, One Hundred Fifty Feet to a point; thence Northerly along the line of Lots 34 and 74 to a point on Woodland Ave., a distance of approximately 50 feet; thence Westerly along the South line of Woodland Ave., approximately One Hundred Fifty feet to a point at the intersection of Woodland Ave. and Highland Ave.; thence in a Southerly direction with Highland Ave. approximately 100 feet to the place of BEGINNING. HAVING thereon erected a 6 room brick house with bath and attached garage. Tract No. 2 ALL THAT CERTAIN lot of ground situate in the Township of South Middleton, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING at a point in the Eastern side of Highland Avenue, which point is a corner of Lot No. 34 on the hereinafter mentioned Plan of Lots; thence in an Eastwardly direction along the line of Lot No. 34, a distance of 150 feet to a point in line of Lot No. 74; thence in a Southerly direction along part of Lot No. 74, a distance of 50 feet to a point in line of land of Lot No. 36; thence in a Westwardly direction along the line of Lot No. 36, a distance of 150 feet to a point in the Eastern side of said Highland Avenue;.thence in a northwardly direction along the Eastern side of said Highland Avenue, a distance of 50 feet to a point, the place of BEGINNING. BEING all of Lot No. 35 on that certain Plan of Lots laid out and adopted by M.L. Gulden, said Plan being recorded in the Office of the Recorder of Deeds in and for the County of Cumberland in Plan Book No. 3, page 86, said Plan of Lots being known as 'Mountain View Addition'. TITLE TO SAID PREMISES IS VESTED IN Matthew A. Prazenica, by Deed from Laura F. Troutman, Individually and as Executrix of the Estate of Helen E. Kutz, dated 05/21/1999, recorded 05/21/1999, in Deed Book 199, page 1083. PREMISES BEING: 702 HIGHLAND AVENUE, MOUNT HOLLY SPRINGS, PA 17065 PARCEL NO. 40-30-2646-037 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION MATTHEW A. PRAZENICA NO. 08-2661-CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE. INC. S?B/M TO ABN AMRO MORTGAGE GROUP. INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 702 HIGHLAND AVENUE. MOUNT HOLLY SPRINGS. PA 17065. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate) MATTHEW A. PRAZENICA 702 HIGHLAND AVENUE MOUNT HOLLY SPRINGS, PA 17065 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 ABN AMRO MORTGAGE GROUP, INC. ABN AMRO MORTGAGE GROUP, INC. C/O: THOMAS I PULEO, ESQUIRE BAN AMRO MORTGAGE GROUP, INC. C/O: JOSEPH A. GOLDBECK, JR. ESQUIRE Address (if address cannot be reasonably ascertained, please indicate) 7159 CORKLAN DRIVE JACKSONVILLE, FL 32258 660 SENTRY PARKWAY; SUITE 210 BLUE BELL, PA 194222 701 MARKET STREET; STE. 5000 PHILADELPHIA, PA 19106-1532 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) GMAC MORTGAGE COROPRATION dba ditech.com 3200 PARK CENTER DRIVE; SUITE 150 COSTA MESA, CA 92626 SECRETARY OF HOUSING AND URBAN 451 SEVENTH STREET SOUTHWEST DEVELOPMENT WASHINGTON, DC 20410 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Address (if address cannot be reasonably ascertained, please indicate) 702 HIGHLAND AVENUE MOUNT HOLLY SPRINGS, PA 17065 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 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 su ' e penalties of 18 Pa. C.S.A.. § 4904 relating to unsworn falsification to authorities. August 13. 2009 DATE ? Lawrence T. Phelan, Esq., Id. No. 32227 ? F:pncis S. Hallinan, Esq., Id. No. 62695 ?'Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 A, -N. FILED-OFFiCE OF THE PRO H!"'NOTARY 2009 AUG 18 PM 12: 21 cu R.,"'El 51./"1{ 41.,) ("OuNl } PENNSYLVANIA K CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff, V. MATTHEW A. PRAZENICA Defendant(s). CUMBERLAND COUNTY No. 08-2661-CIVIL TERM August 13, 2009 TO: MATTHEW A. PRAZENICA 702 HIGHLAND AVENUE MOUNT HOLLY SPRINGS, PA 17065 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOTAND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at 702 HIGHLAND AVENUE, MOUNT HOLLY SPRINGS, PA 17065, is scheduled to be sold at the Sheriffs Sale on DECEMBER 9, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 9$ 7,200.00 obtained by CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for. your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS. PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 SHORT DESCRIPTION By virtue of a Writ of Execution No. 08-2661-CIVIL TERM CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. VS. MATTHEW A. PRAZENICA Owner(s) of property situate in the South Middletown Township, Cumberland County, Pennsylvania, being (Municipality) 702 HIGHLAND AVENUE, MOUNT HOLLY SPRINGS, PA 17065 Parcel No. 40-30-2646-037 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING . PHELAN HALLINAN & SCHMIEG, L.L.P. ? La nce T. Phelan, Esq., Id. No. 32227 ? cis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 0 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ?. Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblen, Esq., Id. No. 208375 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 LEGAL DESCRIPTION ALL THOSE TWO LOTS OR PARCELS OF LAND situate in the Township of South Middleton, County of Cumberland and State of Pennsylvania, being Lots Nos. 33 and 34 in a Plan of Lots known as Mt. View Addition', the same being of record in the office of the Recorder of Deeds for Cumberland County in Plan Book 3, Page 86, and more particularly described as follows: Tract No. 1 BEGINNING at a point on the East side of Highland Ave., said point being the boundary line of Lots 34 and 35 and approximately 150 feet Northerly along said Highland Ave., from the Northeast point of intersection of Highland Ave. and Mt. View Drive; thence Easterly along the line of Lots 34 and 35, One Hundred Fifty Feet to a point; thence Northerly along the line of Lots 34 and 74 to a point on Woodland Ave., a distance of approximately 50 feet; thence Westerly along the South line of Woodland Ave., approximately One Hundred Fifty feet to a point at the intersection of Woodland Ave. and Highland Ave.; thence in a Southerly direction with Highland Ave. approximately 100 feet to the place of BEGINNING. HAVING thereon erected a 6 room brick house with bath and attached garage. Tract No. 2 ALL THAT CERTAIN lot of ground situate in the Township of South Middleton, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING at a point in the Eastern side of Highland Avenue, which point is a comer of Lot No. 34 on the hereinafter mentioned Plan of Lots; thence in an Eastwardly direction along the line of Lot No. 34, a distance of 150 feet to a point in line of Lot No. 74; thence in a Southerly direction along part of Lot No. 74, a distance of 50 feet to a point in line of land of Lot No. 36; thence in a Westwardly direction along the line of Lot No. 36,. a distance of 150 feet to a point in the Eastern side of said Highland Avenue; thence in a northwardly direction along the Eastern side of said Highland Avenue, a distance of 50 feet to a point, the place of BEGINNING. BEING all of Lot No. 35 on that certain Plan of Lots laid out and adopted by M.L. Gulden, said Plan being recorded in the Office of the Recorder of Deeds in and for the County of Cumberland in Plan Book No. 3, page 86, said Plan of Lots being known as 'Mountain View Addition'. TITLE TO SAID PREMISES IS VESTED IN Matthew A. Prazenica, by Deed from Laura F. Troutman, Individually and as Executrix of the Estate of Helen E. Kutz, dated 05/21/1999, recorded 05/21/1999, in Deed Book 199, page 1083. PREMISES BEING: 702 HIGHLAND AVENUE, MOUNT HOLLY SPRINGS, PA 17065 PARCEL NO. 40-30-2646-037 FILED-CI FILE OF THE PROTHONOTARY 21109 AUG 18 PM 12* 21 CUMK'-FiL % 'Aru 'COUNTY PENNSYLVANIA WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-2661 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE INC S/B/M TO ABN AMRO MORTGAGE GROUP INC Plaintiff (s) From MATTHEW A PRAZENICA 702 HIGHLAND AVENUE, MOUNT HOLLY SPRINGS, PA. 17065. (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$97,200.00 L.L. Interest FROM 12/11/08 -12/09/09 (PER DIEM -$16.20) $5,896.80 Atty's Comm % Atty Paid $1,818.61 Plaintiff Paid Due Prothy $2.00 Other Costs Date: August 18, 2009 (Seal) REQUESTING PARTY: Name DANIEL G SCHMIEG ESQ (?!s 'J ?-O- s R. on ono By: Deputy Address: ONE PENN CENTER PLAZA SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 62205 AFFIDAVIT OF SERVICE PLAINTIFF DEFENDANT(S) CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. MATTHEW A. PRAZENICA SERVE MATTHEW A. PRAZENICA AT: 702 HIGHLAND AVENUE MOUNT HOLLY SPRINGS, PA 17065 CUMBERLAND COUNTY No. 08-2661-CIVIL TERM PHS #176241 Type of Action - Notice of Sheriffs Sale Sale Date: DECEMBER 9, 2009 SERVED Served and made known to Al Aaj _ RA-LeAneA , Defendant, on the N a day of SEPAM3 , 200 , at ,41 o'clock P.m., at 30W-16 LAUD Avrpyr, 064AT gpuy SMOI & S , Commgnwealth 4 of Pennsylvania, in the manner described below: --r•- ?;- to ? Defendant personally served.. F5 _-n 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. J Other: ct? •-c Description: Age, 30 S Height ?Weight 250 Race W Sex Other Is Raw k-0 A ! old 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 KIMBERLY CURTY before me this 2 N n day NOTARY PUBLIC of ScPTF X 8 20Q STATE OF NEW JERSEY COMMISSION EXPIRES MARCH T, 2013 Notary: By: PLE?TT SE 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 1st Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of .200_. Notary: Vacant 2nd Attempt: / / Time: Attornev for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 ?If 9 _?7>- Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff Court of Common Pleas Civil Division V. CUMBERLAND County MATTHEW A. PRAZENICA No. 08-2661-CIVIL TERM Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on April 24, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A" 2. Judgment was entered on July 9, 2008 in the amount of $90,121.34. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 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 702 HIGHLAND AVENUE, MOUNT HOLLY SPRINGS, PA 17065 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendant filed a Chapter 13 Bankruptcy at Docket Number 1:08-04583 on December 9, 2008. The Plaintiff was granted relief from the automatic stay by order of court dated May 12, 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 December 9, 2009. 6. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has 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 December 9, 2009 Per Diem $18.12 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 $82,652.28 $14,460.78 $989.46 $1,900.00 $1,663.00 $1,500.00 $391.50 $0.00 $171.90 $0.00 ($0.00) $4,337.71 $108,066.63 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 Defendant. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 16, 2009 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiffs 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 209.3(a)(2), Plaintiff avers that Judge Wesley Oler, Jr. entered an order for Reassessment of Damages dated November 11, 2008. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: to 21 /09 By: LJ ence T. Phel , Esq., Id. No. 32227 r cis S. Hall' , Esq., Id. No. 62695 D G. eg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff Court of Common Pleas Civil Division V. CUMBERLAND County MATTHEW A. PRAZENICA No. 08-2661-CIVIL TERM Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE MATTHEW A. PRAZENICA 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 702 HIGHLAND AVENUE, MOUNT HOLLY SPRINGS, PA 17065. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant 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 Defendant 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 _CMpration 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. 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 Defendant 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 Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is 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 mortgagor has 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 Defendant 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. Phelan Hallinan & Schmieg, LLP DATE: By: ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Exhibit "A" PHEL.rN? FIALLINAN & SCHMIEG, LLP 1.A\l RENCE T. PHELAN, ESQ., Id. No. 32227 FR kN(°IS S. HALLINAN, ESQ., Id. No. 62695 DANlFL G. SCHMIEG, ESQ., Id. No. 62205 M rC" ?I1; ? F M. BRADFORD, ESQ., Id. No. 69849 Al D, ' E 1. ROMANO, ESQ., Id. No. 58745 SIA .1> 1 i%I. SHAH-JANI, ESQ., Id. No. 81760 JENINF R. DAVEY, ESQ., Id. No. 87077 Mlt'llAI:'.1_. E. CARLETON, ESQ., Id. No. 203009 VI's'! F SRIVASTAVA, ESQ., Id. No. 202331 JA €()NES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No-. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 2(?_ 563-7000 176241 CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. 5280 CORPORATE DRIVE MS 1011 FREDERICK, MD 21703 th =r C. co ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff NO. DS - a(vlol Ciin I Tern V. CUMBERLAND COUNTY MATTHEW A. PRAZENICA 702 HIGHLAND AVENUE MOUNT HOLLY SPRINGS, PA 17065 copy OIL' PLEASE RETURN Defendant F; CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FO like n n?e File #: 176241 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 #: 176241 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 #: 176241 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 #: 176241 P" Plaintiff is CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 2. The name(s) and last known address(es) of the Defendant(s) are: MATTHEW A. PRAZENICA 702 HIGHLAND AVENUE MOUNT HOLLY SPRINGS, PA 17065 who islare the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/21/1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ACCUBANC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1543, Page 769. By Assignment of Mortgage recorded 08/17/2001 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 680, Page 1470. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/0 1/2007 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. 1"7 File #: 176241 6. The following amounts are due on the mortgage: Principal Balance $82,652.28 Interest $3,913.92 10/01/2007 through 04/22/2008 Attorney's Fees $1,250.00 Cumulative Late Charges $220.80 05/21/1999 to 04/22/2008 Cost of Suit and Title Search 550.00 Subtotal $88,587.00 Escrow Credit $0.00 Deficit $410.90 Subtotal 410.90 TOTAL $88,997.90 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 !1: 176241 1'his action does not come under Act 6 of 1974 because the original mortgage amount ?,xceeds $50,000. `his action does not come under Act 91 of 1983 because the mortgage is FHA-insured. PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum 90, together with interest from 04/22/2008 at the rate of $18.12 per diem to the date k!.'ogrttent, and other costs and charges collectible under the mortgage and for the foreclosure ;t t <z1c of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By:i/? 3?9 LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE Attorneys for Plaintiff F0 i:li' 176241 LEGAL DESCRIPTION ALL THOSE TWO LOTS OR PARCELS OF LAND situate in the Township of South Middleton, County of Cumberland and State of Pennsylvania, being Lots Nos. 33 and 34 in a Plan of Lots known as 'Mt. View Addition', the same being of record in the office of the Recorder of Deeds for Cumberland County in Plan Book 3, Page 86, and more particularly described as follows: Tract No. 1 BEGINNING at a point on the East side of Highland Ave., said point being the boundary line of Lots 34 and 35 and approximately 150 feet Northerly along said Highland Ave., from the Northeast point of intersection of Highland Ave. and Mt. View Drive; thence Easterly along the line of Lots 34 and 35, One Hundred Fifty Feet to a point; thence Northerly along the line of Lots 34 and 74 to a point on Woodland Ave., a distance of approximately 50 feet; thence Westerly along the South line of Woodland Ave., approximately One Hundred Fifty feet to a point at the intersection of Woodland Ave. and Highland Ave.; thence in a Southerly direction with Highland Ave. approximately 100 feet to the place of BEGINNING. HAVING thereon erected a 6 room brick house with bath and attached garage. AND BEING the same premises which Kenneth W. Hess and Leah E. Hess, his Wife, by Deed dated September 22, 1953 and recorded September 22, 1953, in the Office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania in Deed Book T, Volume 15, Page 399, granted and conveyed unto Walter H. Kutz and Helen E. Kutz, his wife. The said Walter H. Kutz died on June 25, 1978 and, by operation of law, title to said premises vested solely in Helen E. Kutz, his wife, Grantor herein, who died on July 15, 1998. Tract No. 2 ALL THAT CERTAIN lot of ground situate in the Township of South Middleton, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING at a point in the Eastern side of Highland Avenue, which point is a corner of Lot No. 34 on the hereinafter mentioned Plan of Lots; thence in an Estwardly direction along the line of Lot No. 34, a distance of 150 feet to a point in line of Lot No. 74; thence in a Southerly direction along part of Lot No. 74, a distance of 50 feet to a point in line of land of Lot No. 36; thence in a Westwardly direction along the line of Lot No. 36, a distance of 150 feet to a point in the Eastern side of said Highland Avenue; thence in a northwardly direction along the Eastern side of said Highland Avenue, a distance of 50 feet to a point, the place of BEGINNING. BEING all of Lot No. 35 on that certain Plan of Lots laid out and adopted by M.L. Gulden, said Plan being recorded in the Office of the Recorder of Deeds in and for the County of Cumberland in Plan Book No. 3, page 86, said Plan of Lots being known as 'Mountain View Addition'. AND BEING the same premises which Ira C. Gleim and Lou E. Gleim, his wife, by Deed dated May 27, 1954 and recorded in the Office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania in Deed Book'U', Volume 15, Page 69, granted and conveyed unto Walter H. Kutz and Helen E. Kutz, his wife. The said Walter H. Kutz died on June 25, 1978 and, by operation of law, title to said premises vested solely in Helen E. Kutz, his wife, Grantor herein, who died on July 15, 1998. PREMISES: 702 HIGHLAND AVENUE PARCEL: 40-30-2646-037 VERIFICATION Aaron Menge, hereby states that he/she is Assistant Vice President of CTFIMORTGAGE, INC. SI M TO ABN AMRO MORTGAGE GROUP, INC., servicingAgent.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 hisilher knowledge, information and belief The undersigned unOWstands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to uns)k4m falsification to authorities. Vice President DATE: nt 24,,20OR Company: CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. File #: 176241 Exhibit "B" tIELAN 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 n o (215) 563-7000 C o Z i rn r - mm CITIMORTGAGE INC. SB/M TO ABN AMRO -x _ 2-1 , t MORTGAGE GROUP, INC. CUMBERLAND COUNT SA v c 5280 CORPORATE DRIVE MS1011 COURT OF COMMON P S r? -' FREDERICK, MD 21703 ?'- ' 11' CIVIL DIVISION c_ rv 0 Plaintiff, ?- v. NO. 08-2661-CIVIL TERM MATTHEW A. PRAZENICA 702 HIGHLAND AVENUE MOUNT HOLLY SPRINGS, PA 17065 Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGEATTORNEY FILE COPY PLEASE RETURN TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against MATTHEW A. PRAZENICA, 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 $88,997.90 Interest from 04/23/2008 to 06/23/2008 $1,123.44 TOTAL $90,121.34 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as sho d (2) that notice has been given in accordance with Rule 237.1, copy attached.p:TTORNEY L ? ?' Ef\SV- RETURN 6j- A I M.A 14 DANIEL G. S G, ES UIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. 14 DATE: PRO PROTHY 176241 Exhibit "C" IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: MATTHEW A. PRAZENICA Debtor CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Movant V. MATTHEW A. PRAZENICA Respondent • Bk. No. 1:08-bk-04583 MDF Chapter No. 13 11 U.S.C.§362 ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 U.S.C. §362 is modified with respect to premises 702 HIGHLAND AVENUE, MOUNT HOLLY SPRINGS, PA 17065, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage or take any legal or consensual action enforcement of its right to possession of, or title to, said premises (such actions may include but are not limited to the signing of a deed in lieu of foreclosure or entering into a loan modification agreement) and to allow the purchaser of said premises at Sheriff's Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further; ORDERED that Rule 4001(a)(3) is not applicable and CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. may immediately enforce and implement this Order granting Relief from the automatic stay. Dated: May 12, 2009 By the Court, B Jttd (MS) Case 1:08-bk-04583-MDF Doc 30 Filed 05/12/09 Entered 05/12/09 15:47:57 Desc Main Document Page 1 of 1 Exhibit "C" O O W a W o x? 00 00 i O °' a a a as w?a 1?1 zdo PA .??ro ?, 45 3000diZ W0a-4 03litlW £0 6002 9 l? 95ZLLZ7000 VU a + bl c o9Z. ILM y a d a C7 a 0 x H y h lr (? W V Q . a 0 ? a b x N O r.+ m o z W y N :> b ? E d 3 z Q x 0. F ? Y Z -? ? o . a z rH N 0. `a •? ? z ; ° a a O -- N M 7 V7 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey October 16, 2009 MATTHEW A. PRAZENICA 702 HIGHLAND AVENUE MOUNT HOLLY SPRINGS, PA 17065 RE: CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. v. MATTHEW A. PRAZENICA Premises Address: 702 HIGHLAND AVENUE MOUNT HOLLY SPRINGS, PA 17065 CUMBERLAND County CCP, No. 08-2661-CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by October 21, 2009. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. truly yours, Francis S. Hallinan, Esquir Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Enclosure VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. DATE: 0 2 Oq By: Phelan HallinanA Schmieg, LLP U La ce T. Phelan, sq., Id. No. 32227 ? F an s S. Hallinan, sq., Id. No. 62695 ? ani 1 G. Schmie , sq., Id. No. 62205 ? Miche dford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. SB/M TO ABN AMRO Court of Common Pleas MORTGAGE GROUP, INC. Plaintiff Civil Division V. CUMBERLAND County MATTHEW A. PRAZENICA No. 08-2661-CIVIL TERM Defendant 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. MATTHEW A. PRAZENICA 702 HIGHLAND AVENUE MOUNT HOLLY SPRINGS, PA 17065 Phelan Hallinan & Schmieg, LLP DATE: _ Lo, 2 0 By: ? L ce T. Phel Esq., Id. No. 32227 ? ranci j Hal Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF ?° fEnr?:.,T ^ t .,: , C:;? ,i - - .. ?,: "? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CITIMORTGAGE, INC. S/B/M TO ABN AMRO Court of Common Pleas MORTGAGE GROUP, INC. Plaintiff Civil Division V. CUMBERLAND County MATTHEW A. PRAZENICA No. 08-2661-CIVIL TERM Defendant RULE AND NOW, this Z I A day of n L . 2009, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. u?tI lV7 ZO C `1S dS `I }??r ?tc_ c Q? ILItS auCL Rule Returnable oft the , a in C an oun y , FILED-OFFICE OF THE PROTHONOTARY 1009 OCT 23 PM 3: 12 GUM=S -,,,, PENNSYLVANA M 2Evt t.?. w 1 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. VS. MATTHEW A. PRAZENICA : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-2661-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE The undersigned attorney hereby verify as follows: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". DATE: By: L-- L? Lawre c . Phelan, Es ., Id. No. 32227 Fran is S. Hallinan, E , Id. No. 62695 Da iel G. chmieg sq., Id. No. 62205 Michele M. ord, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 /Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff r w1 " C?" • 'a O a U ? t% vE1 O- M I w 6002 63p¢?dlZWp2Id 1 ? Q OZq. b 01OgiZoloo ` V' I'd ,vim o,,ti W Klbd S3141,11 F a O i Q ?O?o a U o p e z mu z u H 03W ?O N O?X O a? JAa ? m V ? N a zoo N I ° 3 N ? N ? N X a ? .? O 4A f-1. .n a Q A ?l O ? O M ? a 1? •y ° o 0 ? N W N Ki ga 3 ? Go Q AN ? C[??]] rn ? A w C Ira . ti ?i _U 4, GO a o 5 o o x a? To 0 ° A p¢ 3 ?x o eo AO O U U v Cd U U .0ov°? UO' N O - W g P ? O 0 ., O ?+ M C7 0, 0 aO W C7 C?7 '' W h W W 00 UA?o 004 ? ? "D Q??^Q,W.dNUA`OK- E"oQAF?' 0 Ww00%0 WU?ooa Q pzAcLipAa? QU wA wc7 ?'' O ZO ? aOUv?? oC) °° n9d u 3. No pzq az?gqp?oo?,? ¢U?°r-C OMU ww Av3 M ICI"1`° 1`- 1- I°, 12 I= M .-r N O 5 w 'a O Q E'?s v O '^ C C E w •Ao c a 0 0 aN .2 .00 2 a??vv .Sy.E? a V E y ? a o 'Eo ? y E,o v ? m u U V, ? ?C d c a S o CD o `o cw?•g "' 0 O 0 ?a A AO ... ? 'O ° wa O dpOO? [-° J h w Pi i S-1 a aw U a 3 0 a z? oa z? N ? u wl 4 a ao o .4. a-1 ? ?,Q ax.at . ?, V o 4) s,U(,??U cr FT; .? ? .? ? o mod ? H??c?A 441 Wc..?-t AK A Z 0 r ! , Yee ? •4 ` Ao ag 5 a i ?•? y.9 C O ? Y O O N u°„ ? 3 a ? R! -x E c ? ii E •? E p U pO C I. S' R ? a.o OWH?.-+ O O 4. ?V ? a All ? v1 us N b a a i£ o v 'o ? Q J4 V x a o :? r, M y v, %0 r- oo .0 cn z d' N 0 F Q tr. j CO L6 L 3003dIZ WONA OMIVYI 6OOZ o£ d3S 0 08 1zb000 o9z o $ wL zo "+? 'bbd 5318 t i r"-- 7' - Ll "fir 12 F •'''• .. 1 V ViI" I/ CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff, V. MATTHEW A. PRAZENICA Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2661-CIVIL TERM AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE, INC. S/BIM TO ABN AMRO MORTGAGE GROUP, INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 702 HIGHLAND AVENUE, MOUNT HOLLY SPRINGS, PA 17065. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate) MATTHEW A. PRAZENICA 702 HIGHLAND AVENUE MOUNT HOLLY SPRINGS, PA 17065 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 ABN AMRO MORTGAGE GROUP, INC. ABN AMRO MORTGAGE GROUP, INC. C/O: THOMAS I PULEO, ESQUIRE Address (if address cannot be reasonably ascertained, please indicate) 7159 CORKLAN DRIVE JACKSONVILLE, FL 32258 660 SENTRY PARKWAY; SUITE 210 BLUE BELL, PA 194222 ABN AMRO MORTGAGE GROUP, INC. 701 MARKET STREET; STE. 5000 C/O: JOSEPH A. GOLDBECK, JR. ESQUIRE PHILADELPHIA, PA 19106-1532 4. Name and address of last recorded holder of every mortgage of record: Name SECRETARY OF HOUSING AND URBAN DEVELOPMENT Note Tracker Corporation, a California Corporation Address (if address cannot be reasonably ascertained, please indicate) 451 SEVENTH STREET SOUTHWEST WASHINGTON, DC 20410 3830 Valley Center Drive Suite 705 PMB 182 San Diego, CA 92130 5. Name and address of every other person who has any record lien on the property: Name None 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 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 Address (if address cannot be reasonably ascertained, please indicate) 702 HIGHLAND AVENUE MOUNT HOLLY SPRINGS, PA 17065 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 1 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. ? Lawre de . Phelan, sq., Id. No. 32227 ? Fr is S. allin sq., Id. No. 62695 ? D iel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 'Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff k ?•Y Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff V. MATTHEW A. PRAZENICA Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-2661-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the October 27, 2009 Rule was sent to the following individual on the date indicated below. MATTHEW A. PRAZENICA 702 HIGHLAND AVENUE MOUNT HOLLY SPRINGS, PA 17065 DATE: -71 c> MATTHEW A. PRAZENICA 702 HIGHLAND AVE MT HOLLY SPGS, PA 17065 Phelan Hallinan & Schmieg, LLP By: ,'Esq., Id?o. 32227 Esq., Id. No. 62695 ? Danief-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 ? . Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff Court of Common Pleas Civil Division V. MATTHEW A. PRAZENICA Defendant CUMBERLAND County No. 08-2661-CIVIL TERM RULE AND NOW, this Z'? fL day of J . 2009, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess .v Damages. l ti L o s t l i c_ a te_ e? t.s dv J,:Z.) Rule Returnable , a i say-of C an oun y , ?' r me ? W .1 ftmunto set rey hai*. and fte of std tit at Ca en P? FILED-Ot-r{GE OF TIDE PROTH"NOTARY 2009 NOV 19 Pfd 1: 3 7 t't `lip SYUVA```4'A SHERIFF'S OFFICE OF CUMBERLAND COUNTY L 1 I3`J? Ronny R Anderson 017 THw PjM,CTK-'NyQT,RY Sheriff Jody S Smith 2010 JAN -8 °H 2:09 Chief Deputy Edward L Schorpp CUM Solicitor CITIMORTGAGE Inc S/B/M to ABN AMRO vs. Matthew A Prazenica Case Number 2008-2661 SHERIFF'S RETURN OF SERVICE 09/30/2009 05:33 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on 09-30-09 at 1722 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 Matthew A. Prazenica, located at 702 Highland Avenue, Mount Holly Springs, Cumberland County, Pennsylvania according to law. 10/03/2009 12:41 PM - Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on 10-09-09 at 10-03-09 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: Matthew A. Prazenica, by making known unto, Matthew A. Prazenica, personally, at 702 High land Avenue, Mount Holly Springs, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 12/09/2009 Real Estate Property sold back to Mortgage Company for 1.00 on 12/9/09 01/07/2010 Ronny R. Anderson, 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 December 9, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of CITIMORTGAGE, INC., s/b/m to ABN AMRO Mortgage Group, Inc., 5280 Corporate Drive, MS 1011, Frederick, MD 21703, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 828.95 SHERIFF COST: $828.95 SO ANS RS, January 07, 2010 R 7YRANDERSON, SHERIFF I)eeA ? .U r 11 CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC, ' Plaintiff, • v. MATTHEW A. PRAZENICA Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2661-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE INC. S/B/M TO ABN AMRO MORTGAGE GROUP INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 702 HIGHLAND AVENUE MOUNT HOLLY SPRINGS. PA 17065. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate) MATTHEW A. PRAZENICA 702 HIGHLAND AVENUE MOUNT HOLLY SPRINGS, PA 17065 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 ABN AMRO MORTGAGE GROUP, INC. ABN AMRO MORTGAGE GROUP, INC. C/O: THOMAS I PULED, ESQUIRE Address (if address cannot be reasonably ascertained, please indicate) 7159 CORKLAN DRIVE JACKSONVILLE, FL 32258 660 SENTRY PARKWAY; SUITE 210 BLUE BELL, PA 194222 BAN AMRO MORTGAGE GROUP, INC. C/O: JOSEPH A. GOLDBECK, JR. ESQUIRE 701 MARKET STREET; STE. 5000 PHILADELPHIA, PA 19106-1532 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) GMAC MORTGAGE COROPRATION dba ditech.com 3200 PARK CENTER DRIVE; SUITE 150 COSTA MESA, CA 92626 SECRETARY OF HOUSING AND URBAN 451 SEVENTH STREET SOUTHWEST DEVELOPMENT WASHINGTON, DC 20410 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by dve sale. Name Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Address (if address cannot be reasonably ascertained, please indicate) 702 HIGHLAND AVENUE MOUNT HOLLY SPRINGS, PA 17065 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6a' Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 13'" 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 su ' e penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. August 13, 2009 DATE ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Fra?ncis S. Hallinan, Esq., Id. No. 62695 CtoDaniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff, V. MATTHEW A. PRAZENICA Defendant(s). CUMBERLAND COUNTY No. 08-2661-CIVIL TERM August 13, 2009 TO: MATTHEW A. PRAZENICA 702 HIGHLAND AVENUE MOUNT HOLLY SPRINGS, PA 17065 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at 702 HIGHLAND AVENUE, MOUNT HOLLY SPRINGS, PA 17065, is scheduled to be sold at the Sheriffs Sale on DECEMBER 9. 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $97,200.00 obtained by CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this 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 Courtto postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. LEGAL DESCRIPTION ALL THOSE TWO LOTS OR PARCELS OF LAND situate in the Township of South Middleton, County of Cumberland and State of Pennsylvania, being Lots Nos. 33 and 34 in a Plan of Lots known as 'Mt. View Addition', the same being of record in the office of the Recorder of Deeds for Cumberland County in Plan Book 3, Page 86, and more particularly described as follows: Tract No. 1 BEGINNING at a point on the East side of Highland Ave., said point being the boundary line of Lots 34 and 35 and approximately 150 feet Northerly along said Highland Ave., from the Northeast point of intersection of Highland Ave. and Mt. View Drive; thence Easterly along the line of Lots 34 and 35, One Hundred Fifty Feet to a point; thence Northerly along the line of Lots 34 and 74 to a point on Woodland Ave., a distance of approximately 50 feet; thence Westerly along the South line of Woodland Ave., approximately One Hundred Fifty feet to a point at the intersection of Woodland Ave. and Highland Ave.; thence in a Southerly direction with Highland Ave. approximately 100 feet to the place of BEGINNING. HAVING thereon erected a 6 room brick house with bath and attached garage. Tract No. 2 ALL THAT CERTAIN lot of ground situate in the Township of South Middleton, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING at a point in the Eastern side of Highland Avenue, which point is a corner of Lot No. 34 on the hereinafter mentioned Plan of Lots; thence in an Eastwardly direction along the line of Lot No. 34, a distance of 150 feet to a point in line of Lot No. 74; thence in a Southerly direction along part of Lot No. 74, a distance of 50 feet to a point in line of land of Lot No. 36; thence in a Westwardly direction along the line of Lot No. 36, a distance of 150 feet to a point in the Eastern side of said Highland Avenue;.thence in a northwardly direction along the Eastern side of said Highland Avenue, a distance of 50 feet to a point, the place of BEGINNING. BEING all of Lot No. 35 on that certain Plan of Lots laid out and adopted by M.L. Gulden, said Plan being recorded in the Office of the Recorder of Deeds in and for the County of Cumberland in Plan Book No. 3, page 86, said Plan of Lots being known as 'Mountain View Addition'. TITLE TO SAID PREMISES IS VESTED IN Matthew A. Prazenica, by Deed from Laura F. Troutman, Individually and as Executrix of the Estate of Helen E. Kutz, dated 05/21/1999, recorded 05/21/1999, in Deed Book 199, page 1083. PREMISES BEING: 702 HIGHLAND AVENUE, MOUNT HOLLY SPRINGS, PA 17065 PARCEL NO. 40-30-2646-037 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-2661 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE INC SB/M TO ABN AMRO MORTGAGE GROUP INC Plaintiff (s) From MATTHEW A PRAZENICA 702 HIGHLAND AVENUE, MOUNT HOLLY SPRINGS, PA. 17065. (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$97,200.00 L.L. Interest FROM 12/11/08 -12/09/09 (PER DIEM -$16.20) $5,896.80 Atty's Comm % Due Prothy $2.00 Atty Paid $1,818.61 Other Costs Plaintiff Paid Date: August 18, 2009 (Seal) REQUESTING PARTY: Curt . Long, Pr tary By: Name DANIEL G SCHMIEG ESQ Address: ONE PENN CENTER PLAZA SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Deputy Telephone: (215) 563-7000 Supreme Court ID No. 62205 Real Estate Sale # On September 15, 2009 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA Known and numbered as 702 Highland Avenue, Mount Holly Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 15, 2009 Y: asbta4teoo i a r 1., 7 The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE 14c PahiotwXews 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 Leslie Kramer, being duly swom 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 II G ill?ei?ti (?cro!?sear_ ; r ti . ? . This ad ran on the date(s) shown below: 10/23/09 worn to and, !(6b scribed before Notary COMMONWEALTH OF PENNSYLVANIA Notarial Sea! Sherrie L. Kisner, Notary Public City OF Harrisburg; Dauphin County MY Comrnission E..)ires Nov. 26.2011 Member, Pennsylvania Association of Notaries , 2009 A. D. 10/30/09 11/06/09 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 23, October 30 and November 6, 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. Writ No. 2008-2661 Civil CITIMORTGAGE, Inc. s/b/m to ABN Amro Mortgage Group, Inc. vs. Matthew A. Prazenica Atty: Daniel Schmieg By virtue of a Writ of Execution No. 08-2661-CIVIL TERM, CITI- MORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. vs. MATTHEW A. PRAZENICA, owner of property situate in the South Middle- town Township, Cumberland County, Pennsylvania, being 702 HIGHLAND AVENUE, MOUNT HOLLY SPRINGS, PA 17065. Parcel No. 40-30-2646-037. Improvements thereon: RESIDEN- TIAL DWELLING. lsa Marie Coyne, E for SWORN TO AND SUBSCRIBED before me this 6 day of November. 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which CITIMORTGAGE INC is the grantee the same having been sold to said grantee on the 9TH day of DEC A.D., 2009, under and by virtue of a writ Execution issued on the 18TH day of AUG, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 2661, at the suit of CITIMORTGAGE INC against MATTHEW A PRAZENICA is duly recorded as Instrument Number 201000754. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D. of Deeds