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HomeMy WebLinkAbout08-4218 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 LAUREN R. TABAS, ESQ., Id. No. 93337 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 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA .19103 (215) 563-7000 182246 CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE MAIL STATION OTALLON, MO 63368-2240 Plaintiff V. GARRETT J. BAIRD 34 KEEFER WAY MECHANICSBURG, PA 17055-9258 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM No. C) CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 182246 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 #: 182246 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 File #: 182246 THE LAW PROVIDES THAT YOUR ANSWER TO THIS 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 #: 182246 Plaintiff is CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE MAIL STATION O'FALLON, MO 63368-2240 2. The name(s) and last known address(es) of the Defendant(s) are: GARRETT J. BAIRD 34 KEEFER WAY MECHANICSBURG, PA 17055-9258 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/13/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR PRIMARY RESIDENTIAL MORTGAGE, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200732108. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2008 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 #: 182246 6. The following amounts are due on the mortgage: 121.74 $175 Principal Balance , $6,171.88 Interest 02/01/2008 through 07/15/2008 (Per Diem $37.18) $1 250.00 Attorney's Fees , $251.80 Cumulative Late Charges 08/13/2007 to 07/15/2008 550.00 Cost of Suit and Title Search 345.42 $183 Subtotal , Escrow $0.00 Credit $785.71 Deficit 785.71 Subtotal 131.13 $184 TOTAL , 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) 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 #: 182246 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $184,131.13, together with interest from 07/15/2008 at the rate of $37.18 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. N AN & SCHMIEG, LLP PHEL By: LA A T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 182246 LEGAL DESCRIPTION ALL THAT CERTAIN piece of ground situate in Upper Allen Township, Cumberland County, Pennsylvania, being more fully described as follows, to wit: BEGINNING at an iron pin to be set on the northern right-of-way line of Keefer Way at the dividing line between Lot 54 and Lot 53; thence along Lot 54, North 46 degrees 27 minutes 15 seconds West, a distance of 110.00 feet to an iron pin to be set at the common point between Lots 53 & 54 and Lots 87 & 88; thence along Lot 88, North 43 degrees 32 minutes 45 seconds East, a distance of 22.00 feet to an iron pin to be set at the dividing line between Lot 53 and Lot 52; thence along Lot 52, South 46 degrees 27 minutes 15 seconds East, a distance of 110.00 feet to an iron pin to be set along the northern right-of-way line of Keefer Way at the dividing line between Lot 53 and Lot 52; thence along said Keefer Way, South 43 degrees 32 minutes 45 seconds West, a distance of 22.00 feet to an iron pin to be set at the dividing line between Lot 54 and Lot 53, the place of BEGINNING. CONTAINING 2,420 square feet more or less. The above described tract being known as Lot No. 53 of a Plan entitled 'Phase II, Bowmans Village, more properly known as Bowman's Village, Upper Allen Township, Cumberland County, Pennsylvania', which Plan was recorded December 14, 2000 in Plan Book 82, page 63, and re-recorded January 3, 2001 in Plan Book 82, page 85. File #: 182246 UNDER AND SUBJECT TO Declaration of Protective Covenants, Restrictions and Conditions recorded in Miscellaneous Book 664, page 882. UNDER AND SUBJECT TO a 10 feet access easement along the rear property line as shown on said plan. UNDER AND SUBJECT TO all easements, covenants and agreements of record. HAVING THEREON erected a two-story townhouse known as 34 Keefer Way, Mechanicsburg, Pennsylvania 17055. PARCEL#: 42-29-2456-199 File #: 182246 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 DATE: to authorities. 23 3/ Owgy f mtiff c K'3 tT b SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-04218 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CITIMORTGAGE INC VS BAIRD GARRETT J R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BAIRD GARRETT J but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , BAIRD GARRETT J 34 KEEFER WAY MECHANICSBURG, PA 17055 PER NEIGHBOR, DEFENDANT MOVED TO CALIFORNIA. Sheriff's Costs: Docketing Service Not Found Surcharge 7/3 //9f 4 So answe 18.00 10.00 , 5.00 R. Thomas Kline 10.00 Sheriff of Cumberland County .00 43.00 PHELAN HALLINAN SCHMIEG 07/28/2008 Sworn and Subscribed to before me this day of A. D. PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 CITIMORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. NO. 08-4218-CIVIL TERM GARRETT J. BAIRD CUMBERLAND COUNTY 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: PHS #: 182246 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1 kiadcis S. Hallinan, Esquire °m cm, PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CITIMORTGAGE, INC. Plaintiff VS. GARRETT J. BAIRD Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-4218-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: GARRETT J. BAIRD 34 KEEFER WAY MECHANICSBURG, PA 17055-9258 Date: O J 0 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff ?V?ncis S. Hallinan, Esquire N?4 40 VERIFICATION We 1QCVshjn _ hereby states that he/she is ASSN. ?Li Pe-?YesidenV of CITIMORTGAGE, INC., servicing agent for Plaintwf in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: N e I?'?}231QCk5??1r? Titt . 1.V1ce.Te3lclen? Company: CITIMORTGAGE, INC. Loan: 2004508773 File #: 182246 r.a ?a AFFIDAVIT OF SERVICE (FNMA) Pl-kugrnw CUMBERLAND COUNTY CITIMORTGAGK ING PITS d 1Bt2K DES PWW%hIZ' TWA-M4( i? GARREIT J. BAIRD COURT TERM: COURT NO.: 08.4218-CIVIL TERM SERVE GARRETT J_ BAI RDD AT: TYPE OF ACTION 3715 MAUNA LOA S IZET XX Ma1~ For+edomre BREA, CA !28?3 XX Chil Aetiow Served and made knom to RQ-AO -+D `identity . Dekmimt on the 2?day of JS?r . 2t' 0 QH , at 8 . o'clock _. M., at --?,7IS Ma y na L--X4 s+, , in the manner described below: _ Defendant ptjoeagy ser,m . Wea , r-A 9Z-92-'2, VAduk family member w9b whom Dcfieadatti{s) r+ende(s). Rela iotnlipis e o - r e5, c' e-n+. ?Adttlt in ctmW of DtRadent`sietidP a x m%v t ID give name or relationship. _ Msna k of ph= of lodg ng m which De(s) reside(s). Agent ar person in dharge of Dchmdmft office or usual place of business. an offm of said Defendeaft company. -Olhm Descriptxoe: Age 30 HeWtt 5'7 " Weigh 150 Race LL) Sex M Other I. t 4 , a competent aduk, being duly sworn according to law, depose and state that I persona y banded a tree and correct ct> y of dw Ibm: a m CMWWM in the manner as set forth herein, arod in the captioned caw on the date and at the address indicated above. Sworn to and subscribed ber me I*s aI imol N:W £x p a- - -? PAW SERVED on die e day of at admit -. M., Defendant NOT FOUND No Answer Vacant Sworn to =W subscribed bbeefor+e me this _ day Notary: By_ A $I , WWI 1.D?K2't6 Ole rwn Ceolrr at Sub boa Station iMb 8Stec 140U MS) S63-70W cz--Isa ? '?=t i i ; -=-' ? -?'?, ? -, ti ?? ?, ,^ _ .. Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (215) 320-0007 CITIMORTAGE, INC. VS. GARRETT J. BAIRD 3715 MAUNA LOA STREET BREA, CA 92823 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against GARRETT J. BAIRD , Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest - 7/16/08 TO 9/18/08 TOTAL Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 084218-CIVIL TERM $184,131.13 $2,416.70 $186,547.83 I hereby certify that (1) the addresses of the Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. Daniel G. Schmieg, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. / s (..?t-tc ?• DATE: PHS# 182246 PRO PROTHY 13 KS .0. 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 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CI TIMORTGAGE, INC. Plaintiff V. GARRETT J. BAIRD Defendant(s) TO: GARRETT J. BAIRD 3715 MAUNA LOA STREET BREA, CA 92823 DATE OF NOTICE: September 3, 2008 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-4218-CIVIL TERM CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 (10) 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 LIL Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 w ?zd Assistant PHS # 182246 1 - Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 Attorney for Plaintiff (215) 320-0007 CITIMORTAGE, INC. : CUMBERLAND COUNTY VS. GARRETT J. BAIRD : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-4218-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 GARRETT J. BAIRD is over 18 years of age and resides at 3715 MAUNA LOA STREET, BREA, CA 92823. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Daniel G. Schmieg, Esquire Attorney for Plaintiff F 14 * w J dp ? cfa i• ?1 J (Rule of Civil Procedure No. 236) - Revised CITIMORTAGE, INC. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS VS. : CIVIL DIVISION GARRETT J. BAIRD 3715 MAUNA LOA STREET NO. 08-4218-CIVIL TERM BREA, CA 92823 Notice is given that a Judgment in the above captioned matter has been entered against you on "rd, 2008. By: DEPUTY oC1y If you have any questions concerning this matter please contact: N1 Daniel G. Schmieg, Esquire Attorney or Party Filing 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OFA LIEN AGAINST PROPERTY. ** PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 CITIMORTGAGE, INC. Plaintiff, V. No. 08-4218-CIVIL TERM GARRETT J. BAUM Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $186,547.83 Interest from 09/19/2008-03/04/2009 $5,121.89 and Costs (per diem -$30.67) TOTAL $191,669.72 DANIEL G. SCHMIEG, ESQUIRE? One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 182246 Q. ?+ "L+ Od d? a? O a O Qo pE, U O? U? H x' U W H 4 U 7 H G? 71 O H U o ? H o ao Q, U a M 00 N d U d r W O w .? ?t- ! J d fi w N u a a? i d a N -k A o 0$© -? Uy W rt ^ ? r .? r PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC. Plaintiff, V. GARRETT J. BAIRD Defendant(s). . ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-4218-CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. X 2a'EM X14 DANIEL G. SCHMIEG, QUIRE Attorney for Plaintiff Ca ? t7 C m y .. CITIMORTGAGE, INC. Plaintiff, V. GARRETT J. BAIRD Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 084218-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,34 KEEFER WAY, MECHANICSBURG, PA 17055-9258. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) GARRETT J. BAIRD 3715 MAUNA LOA STREET BREA, CA 92823 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program BOWMAN'S VILLAGE 34 KEEFER WAY MECHANICSBURG, PA 17055-9258 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 104 KEEFER WAY MECHANICSBURG, PA 17055-9228 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. October 30, 2008 DATE DANIEL G. SCHMIEG, ESQ IRE Attorney for Plaintiff i 4 CJ t CITIMORTGAGE, INC. Plaintiff, V. GARRETT J. BAIRD Defendant(s). CUMBERLAND COUNTY No. 08-4218-CIVIL TERM October 30, 2008 C'0: GARRETT J. BAIRD 3715 MAUNA LOA STREET BREA, CA 92823 **THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION 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 AN ATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 34 KEEFER WAY, MECHANICSBURG, PA 17055-9258, is scheduled to be sold at the Sheriffs Sale on MARCH 4, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $186,547.83 obtained by CITIMORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2 You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the 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 ., ,,_ _....:_ . (800) 990-9108 _,..__ r LEGAL DESCRIPTION ALL THAT CERTAIN piece of ground situate in Upper Allen Township, Cumberland County, Pennsylvania, being more filly described as follows, to wit: BEGINNING at an iron pin to be set on the northern right-of-way line of Keefer Way at the dividing line between Lot 54 and Lot 53; thence along Lot 54, North 46 degrees 27 minutes 15 seconds West, a distance of 110.00 feet to an iron pin to be set at the common point between Lots 53 & 54 and Lots 87 & 88; thence along Lot 88, North 43 degrees 32 minutes 45 seconds East, a distance of 22.00 feet to an iron pin to be set at the dividing line between Lot 53 and Lot 52; thence along Lot 52, South 46 degrees 27 minutes 15 seconds East, a distance of 110.00 feet to an iron pin to be set along the northern right-of-way line of Keefer Way at the dividing lime between Lot 53 and Lot 52; thence along said Keefer Way, South 43 degrees 32 minutes 45 seconds West, a distance of 22.00 feet to an iron pin to be set at the dividing line between Lot 54 and Lot 53, the place of BEGINNING. CONTAINING 2,420 square feet more or less. TITLE TO SAID PREMISES IS VESTED IN Garrett J. Baird, single person, by Deed from Geoffrey A. Boblick and Jill L. Boblick, h/w, dated 08/13/2007, recorded 08/16/2007 in Instrument Number 200732107. PREMISES BEING: 34 KEEFER WAY, MECHANICSBURG, PA 17055-9258 PARCEL NO. 42-29-2456-199 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-4218 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC., Plaintiff (s) From GARRETT J. BAIRD (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 $186,547.83 L.L. $.50 Interest from 9/19/08 - 3/04/09 (per diem - $30.67) -- $5,121.89 and Costs Atty's Comm % Atty Paid $162.00 Plaintiff Paid Date: 11/03/08 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs rothonotary By: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Deputy Supreme Court ID No. 62205 AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF CITIMORTGAGE, INC. / No. 08-4218-CIVIL TERM DEFENDANT(S) GARRETT J. BAIRD ACCT. #982246 SERVE GARRETT J. BAIRD AT: 208 SANTA CLARA PLACE Type of Action FULLERTON, CA 92831-4420 - Notice of Sheriffs Sale Sale Date: MARCH 4, 2009 / SERVED Served and made known to 6wo-i J ' 8 Q I rd Defendant, on the 1 /? /? `I day of eee 200 8' at 1% %13 , o'clockP.m., at 10 8 _rylt9 (I 4r4 P/yce Oullerton, GA ?1 rr3 I _-. 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 Height 'l.' n Weight ?_0 Race JLVSex -,At Other Be.9rpl I, h i e( ll ile mg n a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of , 200T Notary: By; ?{ PLEASE ATTEMPT SERVICE AT LEAST 3 TIRES. I ICATE DATES & TIMES OF SERVICE ATTEMPTED. On the day of Moved NOT SERVED 200, at o'clock _.m., Defendant NOT FOUND because: Unknown No Answer l st Attempt: Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of , 200-. Notary: By: Sho of Cablornia,-County of fir. I±et.Q- Subsaribed and sworn to (or aflirmedj-bef?xe a,* on #ais2f? 2001 . 42 nNt? ktw:to?w ec proved to tale on the of"s 0sfactoryevidencetoba"fIEiR}aagrf axho^appsa?ed before me, _ Vacant god Attempt: / / Time: Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - T.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 •?¦ FFICIAL SEAL CARMEN DONAHUE ? J ?12 ? ° . a RmLyilw ? ?? ? - ? .?? ?-??_ ?., ?`, ;.r. ?,: _, w41Y: Ar. r,) • ? ? ?? .?.y` tiwYr ?J. ~ T 'M1l'? PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC. Plaintiff Court of Common Pleas Civil Division V. GARRETT J. BAIRD Defendant CUMBERLAND County No. 08-4218-CIVIL TERM PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on July 16, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on September 22, 2008 in the amount of $186,547.83. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on March 4, 2009. 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 $175,121.74 Interest Through March 4, 2009 $14,814.42 Per Diem $37.18 Late Charges $755.40 Legal fees $1,300.00 Cost of Suit and Title $1,536.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $321.00 Appraisal/Brokers Price Opinion $84.00 Mortgage Insurance Premium / $732.30 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $2,284.45 TOTAL $196,949.81 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. Plaintiffs foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff s attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on January 28, 2009 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. Phelan Hallinan & Schmieg, LLP DATE: 1/27-4 aS By: Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC. Plaintiff V. GARRETT J. BAIRD Court of Common Pleas Civil Division CUMBERLAND County No. 08-4218-CIVIL TERM Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE GARRETT J. BAIRD 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 34 KEEFER WAY, MECHANICSBURG, PA 17055-9258. 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 Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriff s 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 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 Fewer 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: 2s v?_ By: Michele M. Bradford, Esquire 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 LAUREN R. TABAS, ESQ., Id. No. 93337 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 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 182246 CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE MAIL STATION OTALLON, MO 63368-2240 V. Plaintiff -? o C= C ? y Y c c> ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 0 a-. y ! rv? J c rr. CUMBERLAND COUNTY GARRETT J. BAIRD 34 KEEFER WAY MECHANICSBURG, PA 17055-9258 Defendant We his. re. by certify tb9 wi'441,rk to be a true and c0"0cf c0PY of the originai find of record CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE ATTORNEY ft4.E Copy PLEXSE'REjuRN File #: 182246 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 #: 182246 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 Fite N: 182246 THE LAW PROVIDES THAT YOUR ANSWER TO THIS 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 #: 182246 1. Plaintiff is CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE MAIL STATION OTALLON, MO 63368-2240 2. The name(s) and last known address(es) of the Defendant(s) are: GARRETT J. BAIRD 34 KEEFER WAY MECHANICSBURG, PA 17055-9258 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/13/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR PRIMARY RESIDENTIAL MORTGAGE, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200732108. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2008 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 !l: 182246 6. The following amounts are due on the mortgage: Principal Balance $175,121.74 Interest $6,171.88 02/01/2008 through 07/15/2008 (Per Diem $37.18) Attorney's Fees $1,250.00 Cumulative Late Charges $251.80 08/13/2007 to 07/15/2008 Cost of Suit and Title Search 550.00 Subtotal $183,345.42 Escrow Credit $0.00 Deficit $785.71 Subtotal 785.71 TOTAL $184,131.13 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 4: 182246 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $184,131.13, together with interest from 07/15/2008 at the rate of $37.18 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. PHEL N AN & SCHMIEG, LLP BY: G q51 LA T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File: 182246 LEGAL DESCRIPTION ALL THAT CERTAIN piece of ground situate in Upper Allen Township, Cumberland County, Pennsylvania, being more fully described as follows, to wit: BEGINNING at an iron pin to be set on the northern right-of-way line of Keefer Way at the dividing line between Lot 54 and Lot 53; thence along Lot 54, North 46 degrees 27 minutes 15 seconds West, a distance of 110.00 feet to an iron pin to be set at the common point between Lots 53 & 54 and Lots 87 & 88; thence along Lot 88, North 43 degrees 32 minutes 45 seconds East, a distance of 22.00 feet to an iron pin to be set at the dividing line between Lot 53 and Lot 52; thence along Lot 52, South 46 degrees 27 minutes 15 seconds East, a distance of 110.00 feet to an iron pin to be set along the northern right-of-way line of Keefer Way at the dividing line between Lot 53 and Lot 52; thence along said Keefer Way, South 43 degrees 32 minutes 45 seconds West, a distance of 22.00 feet to an iron pin to be set at the dividing line between Lot 54 and Lot 53, the place of BEGINNING. CONTAINING 2,420 square feet more or less. The above described tract being known as Lot No. 53 of a Plan entitled 'Phase II, Bowmans Village, more properly known as Bowman's Village, Upper Allen Township, Cumberland County, Pennsylvania', which Plan was recorded December 14, 2000 in Plan Book 82, page 63, and re-recorded January 3, 2001 in Plan Book 82, page 85. File #: 182246 UNDER AND SUBJECT TO Declaration of Protective Covenants, Restrictions and Conditions recorded in Miscellaneous Book 664, page 882. UNDER AND SUBJECT TO a 10 feet access easement along the rear property line as shown on said plan. UNDER AND SUBJECT TO all easements, covenants and agreements of record. HAVING THEREON erected a two-story townhouse known as 34 Keefer Way, Mechanicsburg, Pennsylvania 17055. PARCEL#: 42-29-2456-199 Fitt #: 182246 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.RC.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 DA to authorities. y € intiff Exhibit "B" Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (215) 320-0007 CITIMORTAGE, INC. VS. Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS GARRETT J. BAIRD CIVIL DIVISION 3715 MAUNA LOA STI : BREA, CA 92823 NO. 084218-CIVIL TERM PRAECIPE FO JUDGMENT FOR FAILURE TO ANSWER ESSMENT OF DAMAGES TO THE PROTHONOTARY: mac. -D t1:0 ?ts c: Kindly enter judgment in favor of the Plaintiff and against GARRETT J. BAIRD . 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 1511?. $184,131.13 Interest - 7/16/08 TO 9/18108,,q_"0 "?i $2,416.70 TOTAL $186,547.83 ,. w I hereby certify that (1) the s',qf the Defendant(s) are as shown above,--," (2 ,that notice has been given in accordance with??,4237.1 co attached. '_ • ,, w Daniel G. Schmieg, Esquire ' Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PHS# 182246: PRO PROTHY . y? N ??Q ".c. ?v N AQ N ? .. C - rn N tin Exhibit "C" L r N_ 4 .? .. .o 00 N y r" c Q 0. w W W 00 C M o n n c? c? z 7 H d o od d b a? o. ? J ?L ? `? ? y li. V A V W J O A ?j a_ ? C n A l? 0 a V r ^ a b Q z Y a cr 0-4 > - ? a n (7 y rv o 7 a a = g N ?o b 'C =? ?° o a 0 0 ? ,$o 3 c N p' y ? a o 4 a? : 00 A a W ° c U ° E_ woayya ? c ? o `9 c 9 to n' 4y. c ? a "L? 1 ?. ?. r?j 02 1M -? s ° 2. o' 0004218010 •,9' 40, JAN 28 2 MA g 0 9 ILED FROM M ZI PCODE 19'10 o' y o' .3 R y ?• 3 g ? C N X6° ? . 0 a3 y ? a a z r a con n r b K. 0 V/c1 TT` VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. / Phelan Hallinan & Schmieg, LLP DATE: zTl ' S By: Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC. Plaintiff Court of Common Pleas Civil Division v. GARRETT J. BAIRD CUMBERLAND County No. 08-4218-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. GARRETT J. BAIRD 34 KEEFER WAY MECHANICSBURG, PA 17055-9258 GARRETT J. BAIRD 30 KEFFER WAY MECHANICSBURG, PA 17055 GARRETT J. BAIRD 3715 MAUNA LOA STREET BREA, CA 92823 DATE: -/ /_1 V- /7 7 GARRETT J. BAIRD 630 COOPER DRIVE PLACENTIA, CA 92870 Phelan Hallinan & Schmieg, LLP By: Michele M. Bradford, Esquire Attorney for Plaintiff ?.; S? ?? ? ???..?; ??.. ? ?? i -1.? 11 CITIMORTGAGE, INC. VS. GARRETT J. BAIRD : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION NO. 08-4218-CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, DANIEL G. SCHMIEG, ESQUIRE attorney for CITIMORTGAGE, INC. hereby verify that true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: January 30, 2009 ruuumey for riainuri i r m y = 0 L 6 i 3007 dfZ lJV02l3 0311VV`I SOOZ Z L Ai,)N 0 408 6Zb0O%+ a oOL' ZO $ 4 Z o ??bf`st7dS'?}'dye ... I ? a; o Z W O 9 a C/1 w W coo cul og ,:r -° o 00 Ow r,? ? W Q ?a°oo _ Q U?; UQ u3 9 HxW Z 0 0 a ?? o Cl) WO? Of?O ?W y [? ca d ova z qUrn °Q° E M e d .C? m Q ? ? „a 'Q C7 Cq °° 40 COO a N M Q %. M C? ? kn c?a o v C'l O O (1a •? L y ? kn n ;V ? W a c x U X00 N N Lv Z? crn ? r-' ? E-, ? rt V > (D t. pa o " O CW7 ai oo •., 3 N v O ??-0 v? ` > 00 7 O 4., o cc o co W ?101- rt R T ? V q on ? ? o ? b??Q 3,vs ? y C7 o _ V LLL, ` R ? ?Y R C if C 8v L r CJ OJ ? R o O ?_ R .?. S R v?'vv 5 4.E v I ° y uo '$8 v.=o' ,z cu o Z, R w o a o ? a v ?g ?= ? u ? vrni" ?$ ?Ha S a O 0. U ? a° cu C U u o a° R 2 u H I ° d w? o? .8 2 $ o v H? e? ? Fm o 6 zoos IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CITIMORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County GARRETT J. BAIRD No. 08-4218-CIVIL TERM Defendant RULE AND NOW, this day of F A_2009, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. 'eT t A r ? tL I 1,u ? f? t ti Z o ? 71 c z L ? C QJ CT? , Rule Returnable on the day of - .24e * H the Main Co , 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@fedphe.com N z C? cm ; CL a LL- L:Li CL U_ C7 CrN c RRETT J. BAIRD 34 KEEFER WAY MECHANICSBURG, PA 17055-9258 ?ARRETT J. BAIRD 3715 MAUNA LOA STREET BREA, CA 92823 G TT J. BAIRD KEFFER WAY MECHANICSBURG, PA 17055 x RETT J. BAIRD COOPER DRIVE PLACENTIA, CA 92870 182246 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which FANNIE MAE is the grantee the same having been sold to said grantee on the 4TH day of MARCH A.D., 2009, under and by virtue of a writ Execution issued on the 3RD day of NOV, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 4218, at the suit of CITIMORTGAGE INC against GARRETT J BAIRD is duly recorded as Instrument Number 200908497. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 23 -4'e day of A.D. c? oO 9 ?Q ecorder of Deeds /? fiecer : Rd ,Cis rb d County, Cafte, PA My fission Expo . t' First Monday of Jan. 2010 t jr Citimortgage, Inc. In the Court of Common Pleas of VS Cumberland County, Pennsylvania Garrett J. Baird Writ No. 2008-4218 Civil Term 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 by certified mail, return receipt requested to the within named defendant, to wit: Garrett J. Baird to his last known address of 3715 Mauna Loa Street, Brea, CA 92823. This letter was mailed under the date of November 19, 2008. The unopened letter was returned to the Cumberland County Sheriffs Office on November 23, 2008 marked "Attempted, Not Known." William Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 12, 2009 at 1510 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 Garrett J. Baird, located at 34 Keefer Way, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 4, 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 Fannie Mae, of, P.O. Box 650043, Dallas, TX 75265-0043 being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 992.52 Sheriffs Costs: Docketing $30.00 Poundage 19.46 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 10.80 Levy 15.00 Surcharge 20.00 Post Pone Sale Certified Mail 5.32 Law Journal 355.00 Patriot News 356.42 Share of Bills 15.52 Distribution of 'Proceeds 25.00 Sheriffs Deed 49.50 $ 992.52 So Answers: R. Thomas Kline, She rte- B Y Rea tate Coordinator 3/,)S/09 , ?F4 ?ti y L ck G yyc 03, _ 1?a2467 C V lj LLi C.= ' _ = C"t cr. e} N tJ CITIMORTGAGE, INC. CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS GARRETT J. BAIRD CIVIL DIVISION Defendant(s). NO. 08-4218-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE. INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,34 KEEFER WAY. MECHANICSBURG, PA 17055-9258. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) GARRETT J. BAIRD 3715 MAUNA LOA STREET BREA, CA 92823 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program BOWMAN'S VILLAGE Last Known Address (if address cannot be reasonably ascertained, please indicate) 34 KEEFER WAY MECHANICSBURG, PA 17055-9258 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6te Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13t" Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 104 KEEFER WAY MECHANICSBURG, PA 17055-9228 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. October 30, 2008 DATE DANIEL G. SeRMIEG, ESQUIRE Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN piece of ground situate in Upper Allen Township, Cumberland County, Pennsylvania, being more fully described as follows, to wit: BEGINNING at an iron pin to be set on the northern right-of-way line of Keefer Way at the dividing line between Lot 54 and Lot 53; thence along Lot 54, North 46 degrees 27 minutes 15 seconds West, a distance of 110.00 feet to an iron pin to be set at the common point between Lots 53 & 54 and Lots 87 & 88; thence along Lot 88, North 43 degrees 32 minutes 45 seconds East, a distance of 22.00 feet to an iron pin to be set at the dividing line between Lot 53 and Lot 52; thence along Lot 52, South 46 degrees 27 minutes 15 seconds East, a distance of 110.00 feet to an iron pin to be set along the northern right-of-way line of Keefer Way at the dividing line between Lot 53 and Lot 52; thence along said Keefer Way, South 43 degrees 32 minutes 45 seconds West, a distance of 22.00 feet to an iron pin to be set at the dividing line between Lot 54 and Lot 53, the place of BEGINNING. CONTAINING 2,420 square feet more or less. TITLE TO SAID PREMISES IS VESTED IN Garrett J. Baird, single person, by Deed from Geoffrey A. Boblick and Jill L. Boblick, h/w, dated 08/13/2007, recorded 08/16/2007 in Instrument Number 200732107. PREMISES BEING: 34 KEEFER WAY, MECHANICSBURG, PA 17055-9258 PARCEL NO. 42-29-2456-199 CITUVIORTGAGE, INC. Plaintiff, V. GARRETT J. BAIRD Defendant(s). CUMBERLAND COUNTY No. 08-4218-CPAL TERM October 30, 2008 TO: GARRETT J. BAIRD 3715 MAUNA LOA STREET BREA, CA 92823 **THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBT AND ANYINFORMATION 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 COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 34 KEEFER WAY, MECHANICSBURG, PA 17055-9258, is scheduled to be sold at the Sheriffs Sale on MARCH 4, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $186,547.83 obtained by CITIMORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time., the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten 00) 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 .,v TV_w ...T., .. (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN piece of ground situate in Upper Allen Township, Cumberland County, Pennsylvania, being more fully described as follows, to wit: BEGINNING at an iron pin to be set on the northern right-of-way line of Keefer Way at the dividing line between Lot 54 and Lot 53; thence along Lot 54, North 46 degrees 27 minutes 15 seconds West, a distance of 110.00 feet to an iron pin to be set at the common point between Lots 53 & 54 and Lots 87 & 88; thence along Lot 88, North 43 degrees 32 minutes 45 seconds East, a distance of 22.00 feet to an iron pin to be set at the dividing line between Lot 53 and Lot 52; thence along Lot 52, South 46 degrees 27 minutes 1.5 seconds East, a distance of 110.00 feet to an iron pin. to be set along the northern right-of-way line of Keefer Way at the dividing lime between Lot 53 and Lot 52; thence along said Keefer Way, South 43 degrees 32 minutes 45 seconds West, a distance of 22.00 feet to an iron pin to be set at the dividing line between Lot 54 and Lot 53, the place of BEGINNING. CONTAINING 2,420 square feet more or less. TITLE TO SAID PREMISES IS VESTED IN Garrett J. Baird, single person, by Deed from Geoffrey A. Boblick and Jill L. Boblick, h/w, dated 08/13/2007, recorded 08/16/2007 in Instrument Number 200732107. PREMISES BEING: 34 KEEFER WAY, MECHANICSBURG, PA 17055-9258 PARCEL NO. 42-29-2456-199 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-4218 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC., Plaintiff (s) From GARRETT J. BAIRD (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 $186,547.83 L.L. $.50 Interest from 9/19/08 - 3/04/09 (per diem - $30.67) -- $5,121.89 and Costs Arty's Comm % Atty Paid $162.00 Plaintiff Paid Date: 11/03/08 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs el, Pro thonota By: Deputy Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale 427 On November 6, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA Known and numbered as 34 Keefer Way, Mechanicsburg more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 6, 2008 By: Imo' Real Estate Sergeant 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: January 30, February 6, and February 13, 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. Marie SWORN TO AND SUBSCRIBED before me this 13 day of February 13, 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 YAM BoUn &" M ff Writ No. 2008-4218 Civil Citimortgage, Inc. VS. Garrett J. Baird Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN piece of ground situate in Upper Allen Town- ship, Cumberland County, Pennsyl- vania, being more fully described as follows, to wit: BEGINNING at an iron pin to be set on the northem right-of-way line of Keefer Way at the dividing line between Lot 54 and Lot 53; thence slag Lot 54, North 46 degrees 27 n*wgfts 15 seconds Wes4 a of 110.80 feet to an iron pin to beftt at the common point between Lots S3 & 54 and Lots 87 & 88; t6 om I ale g Lot 8S, North 43 dgpvm 32 minutes 45 seconds East, a distom roe of 22.00 feet to an iron pin to be set at the dividing line between Lot 53 and Lot 52; thence along Lot 52, South 46 degrees 27 minutes 15 seconds East, a distance of 110.00 feet to an iron pin to be set along the northern right-of-way line of Keefer Way at the dividing line between Lot 53 and Lot 52; thence along said Keefer Way, South 43 degrees 32 minutes 45 seconds West, a distance of 22.00 feet to an iron pin to be set at the dividing E line between Lot 54 and Lot 53, the' place of BEGINNING. CONTAINING 2,420 square feet more or less. TITLE TO SAID PREMISES IS VESTED IN Garrett J. Baird, sin- gle person, by Deed from Geof- frey A. Boblick and Jill L. Boblick, h/w, dated 08/13/2007, recorded 08/16/2007 in Instrument Number 200732107. PREMISES BEING: 34 KEEFER WAY, MECHANICSBURG, PA 17055- 9258. PARCEL NO. 42-29-2456-199. ThP Pat-iot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the P aNow you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY REAL ESTATE SALE NO. 27 Writ No. 2008-4218 Civil Term Citimortgage, Inc. VS Garrett J. Baird Attorney Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN piece of ground situate in Upper Allen Township, Cumberland County, Pennsylvania, being more fully described as follows, to wit: BEGINNING at an iron pin to be set on the northern right-of-way line of Keefer Way at the dividing line between Lot 54 and Lot 53; thence along Lot 54, North 46 degrees 27 minutes 15 seconds West, a distance of 110.00 feet to an iron pin to be set at the common point between Lots 53 & 54 and Lots 87 & 88; thence along Lot 88, North 43 degrees 32 minutes 45 seconds East, a distance of 22.00 feet to an iron pin to be set at the dividing line between Lot 53 and Lot 52; thence along Lot 52, South 46 degrees 27 minutes 15 seconds East, a distance of 110.00 feet to an iron pin to be set along the northern right-of-way line of Keefer Way at the dividing line between Lot 53 and Lot 52; thence along said Keefer Way, South 43 degrees 32 minutes 45 seconds West, a distance of 22.00 feet to an iron pin to be set_ at the dividing line between Lot 54 and Lot-53, the place of BEGINNING. CONTAINING 2,420 square feet more or less. TITLE TO SAID PREMISES IS VESTED IN Garrett J. Baird, single person, by Deed from Geoffrey A. Boblick and Jill L. Boblick, h/w, dated 08/13/2007, recorded 08/16/2007 in Instrument Number 200732107. PREMISES BEING: 34 KEEFER WAY, MECHANICSBURG, PA 17055-9258 PARCEL NO. 42-29-2456-199 This ad ran on the date(s) shown below: 01 /21 /09 01/28/09 -?? 02/04/09 .......... /........ . Sworn to and s Dbefore4me this 25 day of February, 2009 A.D. Notary Public COMMONWE,'' .Hl OF 1'E NNSYLVAN 1AI ;Jot tt' al Seal Sherrie L Ki pe , Notary Public i City Of Hermburg, Dauphin County My Corrnissiot, Expires Nov. 28, 2011 Member, Pertnsylvz;; i,- < iodstlon of Notaries