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HomeMy WebLinkAbout08-6422V Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM V' I NO. e) f - UW CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 z HELE M. BRADFORD, ESQ., Id. No. 69849 ITH 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 190327 CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE MAIL STATION O'FALLON, MO 63368-2240 V. Plaintiff ZACHARIAH J. BEHRENS HEATHER M. BEHRENS 1514 NEWVILLE ROAD CARLISLE, PA 17015-9489 File #: 190327 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 #: 190327 1. Plaintiff is CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE MAIL STATION MALLON, MO 63368-2240 2. The name(s) and last known address(es) of the Defendant(s) are: ZACHARIAH J. BEHRENS HEATHER M. BEHRENS 1514 NEWVILLE ROAD CARLISLE, PA 17015-9489 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/23/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR WILMINGTON FINANCE INC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1991, Page 2463. 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 05/01/2008 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 #: 190327 6. The following amounts are due on the mortgage: Principal Balance $126,159.22 Interest $5,634.96 04/01/2008 through 10/29/2008 (Per Diem $26.58) Attorney's Fees $1,250.00 Cumulative Late Charges $497.09 04/23/2007 to 10/29/2008 Cost of Suit and Title Search 550.00 Subtotal $134,091.27 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $134,091.27 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 #: 190327 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. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $134,091.27, together with interest from 10/29/2008 at the rate of $26.58 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: T, orgy-bltc.d Sg S' 79 WRENC T. P AN, ESQUIRE RANCIS S. HALLINAN, ESQUIRE ANIEL 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 #: 190327 LEGAL DESCRIPTION All that certain parcel of land and improvements therein situate in the Township of West Pennsboro, County of Cumberland, and Commonwealth of Pennsylvania, and designated as Parcel No. 46-19-1653-012 and more fully described in a Deed dated March 18, 2005 and recorded March 28, 2005 in Cumberland County in Deed Book 268, Page 556, granted and conveyed unto Zachariah J. Behrens and Heather M. Behrens, husband and wife. UNDER AND SUBJECT TO all the building and other restrictions attached to the aforesaid plan of lots which plan of lots is duly recorded in the Office of the Recorder of Deeds in Plan Book 5, Page 33. UNDER AND SUBJECT TO the same rights, privileges, agreements, rights-of-way, easements, conditions, exceptions, restrictions, and reservations as exist by virtue or prior instruments, plan, deeds of conveyances, or visible on ground. , PARCEL* 46-19-1653-012 PROPERTY BEING: 1514 NEWVILLE ROAD File #: 190327 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. 0' orney for laintiff DATE: /&I "oZ F-O r `'i Sri C^? 4 1% PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CITIMORTGAGE, INC. Plaintiff VS. ZACHARIAH J. BEHRENS HEATHER M. BEHRENS Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-08-6422 CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff ) (? ?alk By: Francs S. Ha an, Esquire Date: 11/11/08 PHS #:190327 VERIFICATION WGelbhereby states that he/she is of CITIMORTGAGE, INC., servicing agent for CITIMORTGAGE, INC., in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DATE: jok)C+ Name: Cj3&e- Title: JJ? , Company: CITIMORTGAGE, INC. Loan:771547037 File #: 190327 F un co SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-06422 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CITIMORTGAGE INC VS BEHRENS ZACHARIAH J ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BEHRENS HEATHER M but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT NOT FOUND , as to BEHRENS HEATHER M 1514 NEWVILLE ROAD CARLISLE, PA 17015-9489 CURRENT RESIDENTS INDICATED THAT THEY RENT FROM THE DEFENDANTS. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 00 'fGS ?, 21. 00 So ans Thomas Kline Sher f of Cumberland County ELAN HALLINAN SCHMIEG 11/20/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-06422 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CITIMORTGAGE INC VS BEHRENS ZACHARIAH J ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT unable to locate Him in his bailiwick but was He therefore returns the NOT FOUND , as to the within named DEFENDANT BEHRENS ZACHARIAH J 34 MARILYN DRIVE CARLISLE, PA 17013 DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge So ans 6.00 5.00 5.00 R. Thomas Kline 10.00 ief iff of Cumberland County .00 1 i/ 26.00 ELAN HALLINAN SCHMIEG 11/20/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-06422 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CITIMORTGAGE INC VS BEHRENS ZACHARIAH J ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BERHENS HEATHER M but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT 34 MARILYN DRIVE CARLISLE, PA 17013 NOT FOUND , as to BERHENS HEATHER M DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit 5.00 Surcharge 10.00 1a1o5j08 . 0 0 t,/1 21.00 So Thomas Kline :e? f of Cumberland County ELAN HALLINAN SCHMIEG 11/20/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-06422 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CITIMORTGAGE INC VS BEHRENS ZACHARIAH J ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BEHRENS ZACHARIAH 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 BEHRENS ZACHARIAH J 1514 NEWVILLE ROAD CARLISLE, PA 17015-9489 CURRENT RESIDENTS INDICATED THAT THEY RENT FROM DEFENDANT. Sheriff's Costs: Docketing 18.00 Service 5.00 Not Found 5.00 Surcharge 10.00 w?a?/d8 .00 38.00 Y` So aLi?ers t R:`Thomas Kline iff of Cumberland County PHELAN HALLINAN SCHMIEG 11/20/2008 Sworn and Subscribed to before me this day of A. D. Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 21 5-S61-7000 CITIMORTGAGE, INC. Plaintiff VS. ZACHARIAH J. BEHRENS HEATHER M. BEHRENS Defendants TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. CIVIL-08-6422 Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHE?LAANN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan, Esquire Lawrence T. Phelan, Esquire Daniel G. Schmieg, Esquire Attorneys for Plaintiff Date: December 18, 20OR /vcv, Svc Dept. File# 190327 J .... a'?j fn F ,ma ' _ _ NJ yy J r » 1 SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-06422 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CITIMORTGAGE INC VS BEHRENS ZACHARIAH J ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BEHRENS ZACHARIAH J but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE REINSTATED NOTICE & COMPLAINT MORT FORE , NOT FOUND , as to the within named DEFENDANT BEHRENS ZACHARIAH J 44 W MAIN STREET PLAINFIELD, PA 17081 NO LONGER AT THIS ADDRESS. PER POST OFFICE MAIL IS STILL DELIVERED TO THIS ADDRESS. Sheriff's Costs: So answe _---?? Docketing 1-° 8.00 Service 5.40 Affidavit .00 R. Thoma++ Surcharge 10.00 s Kline Not Found Sheriff of Cumberland County 5.00 38.40 PHELAN HALLINAN & SCHMIEG 12/30/2008 Sworn and Subscribed to before me this day of A.D. ' ?? ??:i ? ,_,? ?... w _ S', ? .5.+ ? M {ie. M>i? ?e.? SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-06422 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CITIMORTGAGE INC VS BEHRENS ZACHARIAH J ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BEHRENS HEATHER M unable to locate Her in his bailiwick. COMPLAINT - MORT FORE REINSTATED NOTICE & _COMPLAINT IN MORTGAGE FORECLOSURE the within named DEFENDANT 44 W MAIN STREET PLAINFIELD, PA 17081 NO LONGER AT THIS ADDRESS. DELIVERED TO THIS ADDRESS. but was He therefore returns the NOT FOUND , as to BEHRENS HEATHER M PER POST OFFICE MAIL IS STILL Sheriff's Costs: Docketing 6 00 So answer -- 1. sJ- ?.- Service . . - Affidavit Surcharge '00 10.00 R• Thomas Kline Sheriff Not Found 5•00 of Cumb erland County 21.00 PHELAN HALLINAN & SCHMIEG 12/30/2008 Sworn and Subscribed to before me this ---_ day of A.D. ,,, ,`? ?, '`"? ` of ` ,x ? ''?# 3 L,' 7 '°"? ?`. ?? E, s {? _'- Phelan Hallinan & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 chiquita.peterson@fedphe.com Citimortgage, Inc. VS. Zachariah J. Behrens Heather M. Behrens Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. CIVIL-08-6422 MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, moves this Honorable Court for an Order directing service of the Complaint and all future pleadings upon the above-captioned Defendants, Zachariah J. Behrens and Heather M. Behrens, by first class mail and certified mail to the Defendants' last known addresses, 44 W. Main Street, Plainfield, PA 17081, PO Box 194, Plainfield, PA 17081 and mortgaged premises, 1514 Newville Road, Carlisle, PA 17015-9489, posting of the mortgaged premises, 1514 Newville Road, Carlisle, PA 17015-9489 and publication pursuant to Pa. R.C.P. 430 and in support thereof avers as follows: 1. Attempts to serve Defendants, Zachariah J. Behrens and Heather M. Behrens, personally with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendants at the mortgaged premises, 1514 Newville Road, Carlisle, PA 17015-9489. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", no service was made as the Defendants were not found. According to the Sheriff of Cumberland County, the current residents at the property indicated that they rent from the 3 Defendants. 2. The Sheriff of Cumberland County also attempted to serve the Defendants at 34 Marilyn Drive, Carlisle, PA 17013. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "B", no service was made as the Defendants were not found. According to the Sheriff of Cumberland County, the Defendants moved and left no forwarding address. 3. Lastly, the Sheriff of Cumberland County attempted to serve the Defendants at 44 W. Main Street, Plainfield, PA 17081. As indicated by the Sheriff s Return of Service attached hereto as Exhibit "C", no service was made as the Defendants were not found. According to the Sheriff of Cumberland County, the Defendants no longer reside at the property but postal records indicate that mail is still delivered there. 4. Pursuant to Pa. R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendants. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "D". 5. Plaintiff contacted the Prothontary's Office and as of February 11, 2009, no Judge has previously entered a ruling in this case. 6. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendants on February 11, 2009 and requested Defendants' concurrence. Plaintiff did not receive any written response from the Defendants. A true and correct copy of Plaintiff s February 11, 2009 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "E". 7. Plaintiff has reviewed its internal records and has not been contacted by the Defendants as of February 19, 2009 to bring loan current. 4 8. Plaintiff submits that it has made a good faith effort to locate the Defendants, Zachariah J. Behrens and Heather A Behrens, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the premises and by publication. Respectfully submitted, Phelan Hallinan & Schmieg, LLP By. . jilm ;'0 aniel G. Schmieg, Esquire Attorneys for Plaintiff Date: February 19, 2009 5 Phelan Hallinan & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 chiquita.peterson@fedphe.com Attorney for Plaintiff Citimortgage, Inc. Court of Common Pleas Civil Division vs. Cumberland County Zachariah J. Behrens No. CIVIL-08-6422 Heather M. Behrens MEMORANDUM OF LAW Pa. R.C.P. 430 specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendants and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. 6 (b) (1) If service of process by publication has been authorized by rule of civil procedure or order of court, the publication shall be by advertising a notice of the action once in the legal publication, if any, designated by the court for the publication of legal notices and in one newspaper of general circulation within the county. The publication shall contain the caption of the action and the names of the parties, state the nature of the action and conclude with a notice. (b) (2) When service is made by publication upon the heirs and assigns of a named former owner or party in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the complaint or an affidavit that they are unknown. As indicated by the attached Sheriffs Return of Service, marked hereto as Exhibit "A", "B" and "C", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendants has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "D". WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the mortgaged premises and by publication pursuant to Pa. R.C.P. 430. Respectfully submitted, Phelan Hallinan & Schmieg, LLP By: fio-f *t Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: February 19, 2009 7 SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-06422 P COM;IONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CITIMORTGAGE INC VS BEHRENS ZACHARIAH J ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BEHRENS ZACHARIAH 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 BEHRENS ZACHARIAH J 1514 NEWVILLE ROAD CARLISLE, PA 17015-9489 CURRENT RESIDENTS INDICATED THAT THEY RENT FROM DEFENDANT. Sheriff's Costs: Docketing 18.00 Service 5.00 Not Found 5.00 Surcharge 10.00 .00 38.00 So nE?R.-Thomas Kline iff of Cumberland County PHELAN HALLINAN SCHMIEG 11/20/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-06422 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CITIMORTGAGE INC VS BEHRENS ZACHARIAH J ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BEHRENS HEATHER M but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT BEHRENS HEATHER M 1514 NEWVILLE ROAD CARLISLE, PA 17015-9489 CURRENT RESIDENTS INDICATED THAT THEY RENT FROM THE DEFENDANTS. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 21.00 So an / ,rnomas Kline Sh r f of Cumberland County ELAN HALLINAN SCHMIEG 11/20/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-06422 P COMMONTWEALTH OF PENNSYLVANIA COUXTY OF CUMBERLAND CITIMORTGAGE INC VS BEHRENS ZACHARIAH J ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BEHRENS ZACHARIAH J but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT So 34 MARILYN DRIVE CARLISLE, PA 17013 DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS. Sheriff's Costs: Docketing 6.00 Service 5.00 Not Found 5.00 Surcharge 10.00 .00 26.00 NOT FOUND , as to BEHRENS ZACHARIAH J R. Thomas Kline ff of Cumberland County 2fHELAN HALLINAN SCHMIEG 11/20/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-06422 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CITIMORTGAGE INC VS BEHRENS ZACHARIAH J ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BERHENS HEATHER M but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT NOT FOUND , as to BERHENS HEATHER M 34 MARILYN DRIVE CARLISLE, PA 17013 DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS. Sheriff's Costs: Docketing Service Affidavit Surcharge So an 6.00 .00 5.00 Thomas Kline 10.00 e f of Cumberland County .00 21.00 ELAN HALLINAN SCHMIEG 11/20/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-06422 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CITIMORTGAGE INC VS BEHRENS ZACHARIAH J ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BEHRENS ZACHARIAH J but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE REINSTATED NOTICE & COMPLAINT MORT FORE NOT FOUND , as to the within named DEFENDANT BEHRENS ZACHARIAH J 44 W MAIN STREET PLAINFIELD, PA 17081 NO LONGER AT THIS ADDRESS. PER POST OFFICE MAIL IS STILL DELIVERED TO THIS ADDRESS. Sheriff's Costs: So answer Docketing 18.00 Service 5.40 Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County Not Found 5.00 38.40 PHELAN HALLINAN & SCHMIEG 12/30/2008 Sworn and Subscribed to before me this day of , A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-06422 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CITIMORTGAGE INC VS BEHRENS ZACHARIAH J ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BEHRENS HEATHER M but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE REINSTATED NOTICE & COMPLAINT IN MORTGAGE FORECLOSURE , NOT FOUND , as to the within named DEFENDANT BEHRENS HEATHER M 44 W MAIN STREET PLAINFIELD, PA 17081 NO LONGER AT THIS ADDRESS. PER POST OFFICE MAIL IS STILL DELIVERED TO THIS ADDRESS. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 Not Found 5.00 21.00 So answer R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN & SCHMIEG 12/30/2008 Sworn and Subscribed to before me this day of A. D. FULL SPECTRUM SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: . 190327 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Zachariah J. Behrens & Heather M. Behrens Property Address: 1514 Newville Road, Carlisle, PA 17015 Possible Mailing Address: P.O. Box 194, Carlisle, PA 17013 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following,: 1. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Zachariah J. Behrens - xxx-xx-9836 Heather M. Behrens - xxx-xx-4739 B. EMPLOYMENT SEARCH Zachariah J. Behrens & Heather M. Behrens - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Zachariah J. Behrens reside(s) at 34 Marilyn Drive, Carlisle, PA 17013 & Heather M. Behrens reside(s) at 1514 Newville Road, Carlisle, PA 17015. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which indicated that Zachariah J. Behrens reside(s) at: 34 Marilyn Drive, Carlisle, PA 17013 & Heather M. Behrens reside(s) at 1514 Newville Road, Carlisle, PA 17015. On 10-22-08 our office made a telephone call to the subject's phone number (717) 254-6946 and received the following information: disconnected. On 10-22-08 our office made several telephone calls to the subject's phone number (717) 249-1265 and received the following information: answering machine. III. INQUIRY OF NEIGHBORS On 10-22-08 our office made a phone call in an attempt to contact K. Ondo (717) 241-0085, 1513 Newville Road, Carlisle, PA 17015: disconnected. On 10-22-08 our office made a phone call in an attempt to contact Yvonne A. Gregg (717) 245- 9396,1516 Newville Road, Carlisle, PA 17015: disconnected. On 10-22-08 our office made a phone call in an attempt to contact Samid Salkic (717) 249-7896, 1517 Newville Road, Carlisle, PA 17015: spoke with an unidentified female who could not confirm that the subjects reside(s) at 1514 Newville Road, Carlisle, PA 17015. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 10-22-08 we reviewed the National Address database and found the following information: Zachariah J. Behrens & Heather M. Behrens - P.O. Box 194, Carlisle, PA 17013. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: P.O. Box 194, Carlisle, PA 17013. V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Zachariah J. Behrens & Heather M. Behrens. VI. OTHER INQUIRIES A. DEATH RECORDS As of 10-22-08 Vital Records and all public databases have no death record on file for Zachariah J. Behrens & Heather M. Behrens. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Zachariah J. Behrens & Heather M. Behrens residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Zachariah J. Behrens - not available Heather M. Behrens -11-12-1984 * Our accessible databases have been checked and cross-referenced for the above named individuals). * Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unworn falsification to authorities. d?q -<aw 6& AFFIANT - Brendan Booth Full Spectrum Services, Inc. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Sworn to and subscribed before me this 22nd day of October, 2008. THOMAS P. STRAIN, Notary PubV'?c City of Philadelp a Phila. County My commissi(W, :1:rh ;ary 4, 2010 77ie above information is obtained from available public records and we are only liable for the cost of the affidavit. IND PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail chiquita.peterson@fedphe.com Chiquita Peterson, 1529 Service Department Representing Lenders in Pennsylvania and New Jersey February 11, 2009 Zachariah J. Behrens 1514 Newville Road Carlisle, PA 17015-9489 RE: Citimortgage, Inc. vs. Zachariah J. Behrens and Heather M. Behrens Premises Address: 1514 Newville Road, Carlisle, PA 17015-9489 Cumberland County, No. CIVIL-08-6422 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by February 18, 2009. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, t Chiq Peterson For Daniel G. Schmieg, Esquire PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail chiquita.peterson@fedphe.com Chiquita Peterson, 1529 Service Department Representing Lenders in Pennsylvania and New Jersey February 11, 2009 Heather M. Behrens 1514 Newville Road Carlisle, PA 17015-9489 RE: Citimortgage, Inc. vs. Zachariah J. Behrens and Heather M. Behrens Premises Address: 1514 Newville Road, Carlisle, PA 17015-9489 Cumberland County, No. CIVIL-08-6422 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), 1 am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by February 18, 2009. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Chiq ' Peterson For Daniel G. Schmieg, Esquire PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail chiquita.peterson@fedphe.com Chiquita Peterson, 1529 Service Department Representing Lenders in Pennsylvania and New Jersey February 11, 2009 Zachariah J. Behrens 44 W. Main Street Plainfield, PA 17081 RE: Citimortgage, Inc. vs. Zachariah J. Behrens and Heather M. Behrens Premises Address: 1514 Newville Road, Carlisle, PA 17015-9489 Cumberland County, No. CIVIL-08-6422 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by February 18, 2009. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, C P7-AidY.) Chiq Peterson For Daniel G. Schmieg, Esquire PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail chiquita.peterson@fedphe.com Chiquita Peterson, 1529 Service Department Representing Lenders in Pennsylvania and New Jersey February 11, 2009 Heather M. Behrens 44 W. Main Street Plainfield, PA 17081 RE: Citimortgage, Inc. vs. Zachariah J. Behrens and Heather M. Behrens Premises Address: 1514 Newville Road, Carlisle, PA 17015-9489 Cumberland County, No. CIVIL-08-6422 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), 1 am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by February 18, 2009. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Chiqtfa Peterson For Daniel G. Schmieg, Esquire PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail chiquita.peterson@fedphe.com Chiquita Peterson, 1529 Service Department Representing Lenders in Pennsylvania and New Jersey February 11, 2009 Zachariah J. Behrens PO Box 194 Plainfield, PA 17081 RE: Citimortgage, Inc. vs. Zachariah J. Behrens and Heather M. Behrens Premises Address: 1514 Newville Road, Carlisle, PA 17015-9489 Cumberland County, No. CIVIL-08-6422 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by February 18, 2009. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Chiqu' Peterson For Danie1 G. Schmieg, Esquire PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail chiquita.peterson@fedphe.com Chiquita Peterson, 1529 Service Department Representing Lenders in Pennsylvania and New Jersey February 11, 2009 Heather M. Behrens PO Box 194 Plainfield, PA 17081 RE: Citimortgage, Inc. vs. Zachariah J. Behrens and Heather M. Behrens Premises Address: 1514 Newville Road, Carlisle, PA 17015-9489 Cumberland County, No. CIVIL-08-6422 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by February 18, 2009. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Chiqu' Peterson For Daniel G. Schmieg, Esquire C5 0 'r b > d o e? d o b a -o t7 c_ Q w 0 a r fi ? C ? h 4 o?+a N w Ln Qd z N N a ii O h 'C C1 ? ? ?C o 3 E a °o E b C p 'x? U O X '`+ CD EN yb9 N v E O ° £0 L6 L 3000dlZ WONA 031 MY - A 5002 L L 83d 0 M LZtb000 g N N Oftlo $ M ZO E 53MUH "NLd ® 2 o H ® 1 ? " c a- e 1 h 5 b "' O N U C dy _w?d ° E id • N b U -2-9 E! o "3 Irl o N N O V ; O O O O. y ° U X V N J a" o.r°Ec U ?.y y O C U E > ed C O ° S C ° W 6 - C 7 N 4. VI O Ei --S ° ° W E 7 N C C ON v ? • M U E N ^ r a. E O [ o E a ` C 00 ¢ ¢ o to c . a? Q a a o w a '? a y °' o € G IS ° z 0 c 0-4 I da XI ° h U ' O p? CA s; a o 4.. N E ° N C Cd 0y Z U ;z C N N N Ha i 4 U.0 * N N E r7. if• 7E ?"' T o .n .a ? N M vl r- 00 Q, O N z C E- !] Sri ;?t• u? i" ,„d„a„ ?. 0 0 +?y N > 0 o ? b a o qmq •? con 0% w N ,?pq a 0 " C s O ° a ii a ? o U C U N U ? ? Eb°o E? b C O '^ U oE i ?{ w O T4•? `3 ° U U -4130 W? Z ? ro 6 o gp?6 ° ° bA N •VO I !l 0 _:Cd 3 b ? G V 0 N?a 5 ??? y td . CC?yy U ? U U iC ti d c o y .csoa ° „ E,g ?. a b Cc, a ? ? a c 0 0 X y U ?O y C O C ? U V U U N N _ "@ w o w O U G W W 79 " E N 5 00 y ?.9 = V1 .--? x?( q H E b F a? O O p p a Q a ? o c > Q? a IZ, y ( ^ Cd o z o o 3 ?' z ! ice. 11) vUi W W W '? O O` ? \ ? l z> z x x = U s dF '1F # * {?. * ? Z w O > p E.22 N ?, Itt t, ?.D t- 00 C, o N z VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, LLP By: Danie G. Schmieg, Esquire Attorney for Plaintiff Date: February 19, 2009 8 Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 chiquita.peterson@fedphe.com Attorney for Plaintiff Citimortgage, Inc. Court of Common Pleas Civil Division VS. Cumberland County No. CIVIL-08-6422 Zachariah J. Behrens Heather M. Behrens CERTIFICATION OF SERVICE I hereby certify that a copy of the Motion for Service Pursuant to Special Order of Court, Memorandum of Law, proposed Order and attached exhibits have been sent to the individuals as indicated below by first class mail, postage prepaid, on the date listed below. Zachariah J. Behrens and Heather M. Behrens: 1514 Newville Road Carlisle, PA 17015-9489 44 W. Main Street Plainfield, PA 17081 PO Box 194 Plainfield, PA 17081 The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. 4904 relating to un-sworn falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, LLP By: . 4 -,144k0,9% Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: February 19, 2009 9 ry C C?D iua 1 ? r" F f n• f i i •..?? .i.el Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215_561.7000 CITIMORTGAGE, INC. Plaintiff VS. ZACHARIAH J. BEHRENS HEATHER M. BEHRENS Defendants TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY : No. CIVIL-08-6422 Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: F hP ni= 19,E PH HALLIN & SCHMIEG, LLP r By: Fr cis S. Hallinan, Esquire Lawrence T. Phelan, Esquire Daniel G. Schmieg, Esquire Attorneys for Plaintiff /ccp, Svc Dept. File# 190327 V T V W r'\ `Y {i s ,rte ?N' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Citimortgage, Inc. vs. Zachariah J. Behrens Heather M. Behrens Civil Division No. CIVIL-08-6422 FEB 2 3 2000 ORDER AND NOW, this day of ?e , 2009, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendants, Zachariah J. Behrens and Heather M. Behrens, by: 1. Posting of the premises: 1514 Newville Road, Carlisle, PA 17015-9489. 2. First class mail to Zachariah J. Behrens and Heather M. Behrens at the last known addresses, 44 W. Main Street, Plainfield, PA 17081, PO Box 194, Plainfield, PA 17081 and the mortgaged premises located at 1514 Newville Road, Carlisle, PA 17015-9489; and 3. Certified mail to Zachariah J. Behrens and Heather M. Behrens at the last known addresses, 44 W. Main Street, Plainfield, PA 17081, PO Box 194, Plainfield, PA 17081 and the mortgaged premises located at 1514 Newville Road, Carlisle, PA 17015-9489; andi 4. Publication in accordance with PA. R.C.P. 430% ecZ c< <h tt c. ?'. •? to e?? a L -2.4 eI del GL % 2, BY THE COURT: ?Cws a v?? C?a??Ild? e w l000-ft F- re , . Cc: Zachariah J. Behrens and Heather M. Behrens 1514 Newville Road Carlisle, PA 17015-9489 44 W. Main Street Plainfield, PA 17081 PO Box 194 Plainfield, PA 17081 File# 190327 2 0 A C*?, -, ?- 1 _ ?'- tom. N 3 "' t Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 15-563-7000 CITIMORTGAGE, INC. Plaintiff VS. ZACHARIAH J. BEHRENS HEATHER M. BEHRENS Defendants TO THE PROTHONOTARY: : CUMBERLAND COUNTY No. CIVIL-08-6422 Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: March 31, 2009 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION JPH AN HALLINAN & SCHMIEG, LLP By. rands S. Hallinan, Esquire Lawrence T. Phelan, Esquire Daniel G. Schmieg, Esquire Attorneys for Plaintiff /ccp, Svc Dept. File# 190327 F LE%D-CFFCE OF T iE F MTAR 210 APR -2 AN 9= 59 t W8K,i4~? SID PENNSYLVANIA Sheriffs Office of Cumberland County R Thomas Kline ? tititr ct Ciutib' ,fEdward LSchoitop Sheriff Ronny R Anderson Jody S Smith Chief Deputy 0FPCE'.'F T?,E SMERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/13/2009 02:07 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on April 13, 2009 at 1407 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Zachariah J. Behrens pursuant to Order of Court by posting the premises located at 1514 Newville Road, Carlisle, Cumberland County, Pennsylvania, 17015 with a true and correct copy of the same according to law. 04/13/2009 02:07 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on April 13, 2009 at 1407 hours, she served a true copy of the within Complaint in Mortgage !Foreclosure, upon the within named defendant, to wit: Heather M. Behrens pursuant to Order of Court by posting the premises located at 1514 Newville Road, Carlisle, Cumberland County, Pennsylvania, 17015 with a true and correct copy of the same according to law. SHERIFF COST: $60.50 SO ANSWER ?P00'*A'eL"AC , April 14, 2009 Docket No. 2008-6422 Citimortgage Inc. v Zachariah Behrens R THOMAS KLINE, SHERIFF (b A rl 4 A PNI-Ai i i y S eri C: r•a C= '.0 -n %XD -: Cn c.... S._ .r+. r i . r cn 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 CITIMORTGAGE, INC. Plaintiff VS. ZACHARIAH J. BEHRENS HEATHER M. BEHRENS Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. CIVIL-08-6422 AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to the following persons, ZACHARIAH J. BEHRENS and HEATHER M. BEHRENS at 1514 NEWVILLE ROAD, CARLISLE, PA 17015-9489,44 W. MAIN STREET, PLAINFIELD, PA 17081, PO BOX 194, PLAINFIELD, PA 17081 on APB 2M, in accordance with the Order of Court dated FEBRUARY 26, 2009. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Date: April 209 2009 Ile, F CIS S. HALLINAN, ESQ Attorney for Plaintiff 2009 PR 21 A i 10: 11 s- 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 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., I.d. No.206779 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 715-563-7000 CITIMORTGAGE, INC. VS. ZACHARIAH J. BEHRENS HEATHER M. BEHRENS Attorneys for Plaintiff : Court Of Common Pleas Civil Division No. CIVIL-08-6422 : CUMBERLAND County I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated FEBRUARY 26, 2009 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(1) in THE. SENTINEL on APRIL 8, 29522 and CI J URFRI AND LAW JOIIRNAI, on APRIT. 10,x. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. PHELAN HALLINAN & SCHMIEG, LLP 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 m-O 2osd' 11 Courtenay R. Dunn, Esquire Attorneys for Plaintiff Date: June 4, 2009 Chiquita Peterson Service Dept. vamel U. Ncnmieg, rsquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Erica Peterson Classified Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): April 8, 2009 COPY OF NOTICE OF PUBLICATION It he/she is not After of the 3ement, and that COURTOF£OMMON FLEAS )ing statement yzb? CIVIL DIVISION cter of • GL}MBE`t?LAaD . COUNTY N0. CIVIL-68-6422 NOTICE TO VON~ J. WWREMS'snd HEATHER M. BEHRENS: fIT You IiilllM?Miy *blgMsl thatoa PMM, ?uoY r 16= IN, E WWWPW ywr wauxl K6: a day a+.?nw• ¢P ; ? efore me this You ?r hefoy:lba Ow 40rvb'd004nted C^bmpiaint d or boforo ? 060q f10RdCtJ ?Oii d"ai,nstgou. s . 7 r. "OTME i YOU. d wr;CGm jitl tAp¢R #?1kM1M?Y i, s In %V IPA ? x?f3?4ituKihYt rwti? tof iAp fdMQf rigwltodby fl? ntvru. Y rOtJA A X NO VE A, M, W TO;OR ary Public R Y T 3 T MA E?RF 68 W S T( EfliQiBE£ fi90NH AT A OA.?, E•, REf7 CDM$?FILAND COUM f LANpY Sf RA4' .? _ C. ?SY ? : -?- BAM81 ANN HK RACamp H118orD., My Cor,m,??,?n Expire 27, ?? ? '? =rt;;Jr ?; PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz April 10, 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. Editor SWOAFd rO AND SUBSCRIBED before me this 10 day of April, 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. CIVIL-08-6422 CITIMORTGAGE, INC. vs. ZACHARIAH J. BEHRENS HEATHER M. BEHRENS NOTICE TO ZACHARIAH J. BEHRENS and HEATHER M. BEHRENS: You are hereby notified that on OCTOBER 30, 2008, Plaintiff, CITI- MORTGAGE, INC., filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of CUMBERLAND County Pennsylva- nia, docketed to No. CIVIL-08-6422. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 1514 NEWVILLE ROAD, CARLISLE, PA 17015-9489 whereupon your property would be sold by the Sheriff of CUMBERLAND County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE 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 INFORMA- TION 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 RE- DUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 Apr. 10 RLED-?fiiCE OF THE PROTHONOTARY 2M JUN -5 AM IQ: 17 PENNSY LVANLA 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. VS. ZACHARIAH J. BEHRENS HEATHER M. BEHRENS Attorney for Plaintiff CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. CIVIL-08-6422 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 ZACHARIAH J. BEHRENS, and HEATHER M. BEHRENS, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $134,091.27 Interest - 10/30/2008 to 06/08/2009 5$ ,900.76 TOTAL $139,992.03 I hereby certify that (1) the mortgaged premises is located at 1514 NEWVILLE ROAD, CARLISLE. PA 17015-9489, and the possible mailing addresses are 44 WEST MAIN STREET. PLAINFIELD, PA 17081 and P.O. BOX 194, PLAINFIELD, PA 17015 and (2) that notice has been given in accordance with Rule 237.1, copy attached. ran TPhe squire alli Esquire ieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenne R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire T9 ?°Sz"L' T Courtenay R. Dunn, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: id- loo P14S # 190327 PROTHO OTAR CITIMORTGAGE, INC. COURT OF COMMON PLEAS CIVIL DIVISON v. Plaintiff NO. CIVIL-08-6422 ZACHARIAH J. BEHRENS CUMBERLAND COUNTY HEATHER M. BEHRENS Defendant(s) TO: HEATHER M. BEHRENS 1514 NEWVILLE ROAD CARLISLE, PA 17015-9489 DATE OF NOTICE: May 12, 2009 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 APPERANCE 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. PHS # 190327 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 C/ By: Quwx La ence 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 190327 7 CITIMORTGAGE, INC. COURT OF COMMON PLEAS CIVIL DIVISON v Plaintiff NO. CIVIL-08-6422 ZACHARIAH J. BEHRENS CUMBERLAND COUNTY HEATHER M. BEHRENS Defendant(s) TO: ZACHARIAH J. BEHRENS 1514 NEWVILLE ROAD CARLISLE, PA 17015-9489 DATE OF NOTICE: May 12, 2009 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 APPERANCE 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. PHS # 190327 le, IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Bar Association Cumberland County Courthouse 32 South Bedford Street 1 Courthouse Square Carlisle, PA 17013 Carlisle, PA 17013 (717) 249-3166 (717) 240-6195 G By: La ence 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 190327 CITIMORTGAGE, INC. v Plaintiff ZACHARIAH J. BEHRENS HEATHER M. BEHRENS Defendant(s) TO: ZACHARIAH J. BEHRENS 44 WEST MAIN STREET PLAINFIELD, PA 17081 DATE OF NOTICE: May 12, 2009 COURT OF COMMON PLEAS CIVIL DIVISON NO. CIVIL-08-6422 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 APPERANCE 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. 1 1 PHS # 190327 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 By. Aalo?. La ence 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 190327 CITIMORTGAGE, INC. COURT OF COMMON PLEAS CIVIL DIVISON V. Plaintiff NO. CIVIL-08-6422 ZACHARIAH J. BEHRENS CUMBERLAND COUNTY HEATHER M. BEHRENS Defendant(s) TO: HEATHER M. BEHRENS 44 WEST MAIN STREET PLAINFIELD, PA 17081 DATE OF NOTICE: May 12, 2009 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 APPERANCE 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. PHS # 190327 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 By. QkVff. gLa ence 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 190327 CITIMORTGAGE, INC. COURT OF COMMON PLEAS CIVIL DIVISON V. Plaintiff NO. CIVIL-08-6422 ZACHARIAH J. BEHRENS CUMBERLAND COUNTY HEATHER M. BEHRENS Defendant(s) TO: ZACHARIAH J. BEHRENS PO BOX 194 PLAINFIELD, PA 17081-0194 DATE OF NOTICE: May 12, 2009 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 APPERANCE 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. PHS # 190327 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 By. 7;?C-4-Pwv- La ence 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 190327 CITIMORTGAGE, INC. COURT OF COMMON PLEAS CIVIL DIVISON v. Plaintiff NO. CIVIL-08-6422 ZACHARIAH J. BEHRENS CUMBERLAND COUNTY HEATHER M. BEHRENS Defendant(s) TO: HEATHER M. BEHRENS PO BOX 194 PLAINFIELD, PA 17081-0194 DATE OF NOTICE: May 12, 2009 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 APPERANCE 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. PHS # 190327 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 ?. By: ()?41W L wrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 190327 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. VS. ZACHARIAH J. BEHRENS HEATHER M. BEHRENS Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. CIVIL-08-6422 VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney, hereby verifies that he/she is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant ZACHARIAH J. BEHRENS is over 18 years of age and the mortgaged premises is located at 1514 NEWVILLE ROAD, CARLISLE, PA 17015-9489 and his possible mailing addresses are 44 WEST MAIN STREET, PLAINFIELD, PA 17081 and P.O. BOX 194, PLAINFIELD, PA 17015. (c) that defendant HEATHER M. BEHRENS is over 18 years of age and the mortgaged premises is located at 1514 NEWVILLE ROAD, CARLISLE, PA 17015-9489 and her possible mailing addresses are 44 WEST MAIN STREET, PLAINFIELD, PA 17081 and P.O. BOX 194, PLAINFIELD, PA 17015. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. L e T. P Ian, Esquire man, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire eloshua I. Goldman, Esquire 10:0 Ze5vi3 Courtenay R. Dunn, Esquire Attorney for Plaintiff OF THE f-ROkHrOoNO1AR1 2009 JUN 12 AM ( 1: 2 3 cut"i `r.} ;ui IT NI. J7 : No. CIVIL-08-6422 Notice is given that a Judgment in the above captioned matter has been entered (Rule of Civil Procedure No. 236) - Revised CITIMORTGAGE, INC. : CUMBERLAND COUNTY VS. : COURT OF COMMON PLEAS ZACHARIAH J. BEHRENS HEATHER M. BEHRENS CIVIL DIVISION against you on ?,t,?in.? /.2, o4 By: If you have any questions concerning this ce T. Phel , Esquire ran is S. Hal ' an, Esquire Danie c eg, 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 Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONL Y ENFOR CEMENT OFA LIEN AGAINS T PROPERTY. ** PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 CITIMORTGAGE, INC. Plaintiff, V. ZACHARIAH J. BEHRENS HEATHER M. BEHRENS No. CIVIL-08-6422 Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $139,992.03 Interest from 6/9/2009-12/9/2009 $4,233.84 (per diem -$23.01) TOTAL M.8 7 ? La ence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? 5gurtenay R. Dunn, Esq., Id. No. 206779 L9'Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Note: Please attach description of property. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may 'not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 190327 L LI LZ Ca11 c? C. D N O? > a? a?z OW ?a O 04 0 U? ?W U ' y !.i 1 zz O O W W V a w •? v v a? ? S h 3 O p %,;Z? ;;Z, q J 5-?e ?.. J J4 OY' 4W '4r'ft 41r? Vr, Q Q as ?a 0 o, ? N 00 M a a MNN ? O nMN XO, 00 F4 O a a .o? poN c°hMO ... 6z- - .6 ..Z -6 o oz?`oo$zbb yz v WW W o. ^ ^ ?" "". °" b '?° b moo. 'mod c„ ? y ^ v, a H r u W N N W D'w ^ ^Z ^ N 0 h ?W ? ? ? ? .0 ?' va, ?` W W p, cn ao I W W W W v; -- o ow ???????????????0%< O?a? LEGAL DESCRIPTION ALL that certain piece, parcel, or tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: ALL of Lot No. 9 and the eastern 20 feet of Lot No. 8 as shown on Tract 'A', of that certain plan of lots known as 'The Cohick lots' and containing 70 feet in frontage along the Newville Public Road and extending in depth a distance of 170 feet to other lands now or formerly of Frank S. Cohick and Lois J. Cohick. It being all of Lot No. 9 and the eastern 20 feet of Lot No. 8 on Tract W, of the Cohick Lots as prepared by T. Elliot Middleton, Registered Surveyor, and prepared April 1, 1952. UNDER AND SUBJECT TO all the building and other restrictions attached to the aforesaid plan of lots which plan of lots is duly recorded in the Office of the Recorder of Deeds in Plan Book 5, Page 33. HAVING thereon erected a dwelling known as 1514 Newville Road, Carlisle, PA., 17013. TITLE TO SAID PREMISES IS VESTED IN Zachariah J. Behrens and Heather M. Behrens, his wife, as tenants by the entireties, by Deed from Dwaine D. Lesher and- Renee M. Lesher, dated 03/1812005, recorded 03/28/2005 in Book 268, Page 556. PARCEL NO. 46-19-1653-012 F FILED - ? ;z ?? t (?L 4y? 2009 AU'v --6 PH 2: 38 n} T ; PHELAN HALLINAN & SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STA.TMN ATTORNEY FOR PLAINTIFF 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC. . CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION ZACHARIAH J. BEHRENS HEATHER M. BEHRENS NO. CIVIL-08-6422 Defendant(s). CERTIFICATION The undersigned attorney, hereby verifies that he/she is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: 0 an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. .S.A. §4904 relating to unsworn falsification to authorities. ? Lawee ce T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 +Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 O ,- 2M AUG -6 PH 2: 3 9 I/ A CITIMORTGAGE, INC. Plaintiff, V. ZACHARIAH J. BEHRENS HEATHER M. BEHRENS Defendant(s). i CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-08-6422 AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE, INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 1514 NEWVILLE ROAD, CARLISLE, PA 17015-9489. 1. Name and address of Owner(s) or reputed Owner(s): Name ZACHARIAH J. BEHRENS ZACHARIAH J. BEHRENS ZACHARIAH J. BEIMNS HEATHER M. BEHRENS HEATHER M. BEHRENS HEATHER M. BEHRENS Address (if address cannot be reasonably ascertained, please indicate) 44 WEST MAIN STREET PLAINFIELD, PA 17081 1514 NEWVILLE ROAD CARLISLE, PA 17015-9489 PO BOX 194 PLAINFIELD, PA 17081 44 WEST MAIN STREET PLAINFIELD, PA 17081 1514 NEWVILLE ROAD CARLISLE, PA 17015-9489 PO BOX 194 PLAINFIELD, PA 17081 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 Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Dwaine D. Lesher 270 Dum Road Elliottsburg, PA 17024 Renee M. Lesher 270 Dum Road Elliottsburg, PA 17024 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 Address (if address cannot be reasonably ascertained, please indicate) 1514 NEWVILLE ROAD CARLISLE, PA 17015-9489 13 North Hanover Street Carlisle, PA 17013 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 PO Box 2675 Harrisburg, PA 17105 6a' Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13a' 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 state ents herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn fties. August 4. 2009 DATE cc . 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 ? f.6urtenay R. Dunn, Esq., Id. No. 206779 FAndrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 OF 'ME 2099 'Ulo -6 Pill L. J 9 1 1 elf y CITIMORTGAGE, INC. CUMBERLAND COUNTY Plaintiff, V. No. CIVIG08-6422 ZACHARIAH J. BEHRENS HEATHER M. BEHRENS Defendant(s). August 4, 2009 TO: ZACHARIAH J. BEHRENS HEATHER M. BEHRENS 44 WEST MAIN STREET 1514 NEWVILLE ROAD PO BOX 194 PLAINFIELD, PA 17081 CARLISLE, PA 17015-9489 PLAINFIELD, PA 17081 **THIS FIRMISA DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WASNOT REAFFIRMED, THIS ISNOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA MENAGAINST PROPERTY. ** Your house (real estate) at 1514 NEWVILLE ROAD. CARLISLE. PA 17015-9489, 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 $139,992.03 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. f 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) 2493166 (800) 990-9108 r LEGAL DESCRIPTION ALL that certain piece, parcel, or tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: ALL of Lot No. 9 and the eastern 20 feet of Lot No. 8 as shown on Tract 'A', of that certain plan of lots known as 'The Cohick lots' and containing 70 feet in frontage along the Newville Public Road and extending in depth a distance of 170 feet to other lands now or formerly of Frank S. Cohick and Lois J. Cohick. It being all of Lot No. 9 and the eastern 20 feet of Lot No. 8 on Tract 'A', of the Cohick Lots as prepared by T. Elliot Middleton, Registered Surveyor, and prepared April 1, 1952. UNDER AND SUBJECT TO all the building and other restrictions attached to the aforesaid plan of lots which plan of lots is duly recorded in the Office of the Recorder of Deeds in Plan Book 5, Page 33. HAVING thereon erected a dwelling known as 1514 Newville Road, Carlisle, PA., 17013. TITLE TO SAID PREMISES IS VESTED IN Zachariah J. Behrens and Heather M. Behrens, his wife, as tenants by the entireties, by Deed from Dwaine D. Lesher and Renee M. Lesher, dated 03/18/2005, recorded 03/28/2005 in Book 268, Page 556. PARCEL NO. 46-19-1653-012 SHORT DESCRIPTION By virtue of a Writ of Execution No. CIVIL-08-6422 CITIMORTGAGE, INC. vs. ZACHARIAH J. BEHRENS and HEATHER M. BEHRENS owner(s) of property situate in the WEST PENNSBORO TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 1514 NEWVILLE ROAD. CARLISLE. PA 17015-9489 Parcel No. 46-19-1653-012 (Acreage or street address) Impro thereon: RESIDENTIAL DWELLING P HALLINAN & SCHMIEG, L.L.P. ? 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 B?Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 SHORT DESCRIPTION By virtue of a Writ of Execution No. CIVIL-08-6422 CITIMORTGAGE, INC. VS. ZACHARIAH J. BEHRENS and HEATHER M. BEHRENS owner(s) of property situate in the WEST PENNSBORO TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 1514 NEWVILLE ROAD, CARLISLE, PA 17015-9489 Parcel No. 46-19-1653-012 (Acreage or street address) Imp7HA s thereon: RESIDENTIAL DWELLING P L N AN & SCHMIEG, L.L.P. ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-6422 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC. Plaintiff (s) From ZACHARIAH J. BEHRENS HEATHER M. BEHRENS (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 $139,992.03 L.L. $.50 Interest FROM 6/9/2009 -12/9/2009 PER DIEM - $23.01--$4,233.84 Atty's Comm % Due Prothy $2.00 Atty Paid $374.90 Other Costs Plaintiff Paid Date: 08/06/09 C &-s R. Long, rothono ary (Seal) By: Deputy REQUESTING PARTY: Name: ANDREW C. BRAMBLETT, ESQ. Address: PHELAN HALLINAN AND SCHMIEG ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTFF Telephone: 215-563-7000 Supreme Court ID No. 208375 SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline ??. THE ?. ^T??RY Sheriff Ronny R Anderson A. 2009 HG4 25 A. o 6. 07 ,. r Chief Deputy Jody S Smith Cl ?`d Civil Process Sergeant?° E aF" `?'r? r::,,,, Edward L Schorpp Solicitor Citimortgage Inc Case Number vs. 2008-6422 Zachariah J. Behrens SHERIFF'S RETURN OF SERVICE 10/01/2009 10:40 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on 10/1/09 at 1038 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 Zahariah J. and Heather M. Behrens, located at, 1514 Newville Road, Carlisle, Cumberland County, Pennsylvania according to law. 10/12/2009 Property sale cancelled on 10/12/2009 10/14/2009 10:15 AM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on 10/14/09 at 1018 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: Zachariah J. Behrens by making known unto, Joanne Miller, adult in charge, at, 1102 Pine Road, Mount 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. 10/15/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Heather M. Behrens, but was unable to locate her in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant Heather M. Behrens, 1514 Newville Road, Carlisle, PA is VACANT, 44 West Main Street, Plainfield, PA is the address of defendants previous father in law and she does not reside there, 1102 Pine Road, Mt. Holly Springs, is the current address for Zachariah J. Behrens and Heather does not reside there, no valid forwarding address at post office. 11/23/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states, this writ is returned STAYED per letter of instruction from Attorney Sue Fruit. SHERIFF COST: $482.77 SO ANSWERS, November 23, 2009 R THOMAS KLINE, SHERIFF 7 3i (c; Goun'ySuitc: Sher*.t, Tfleosoi'E. Ine ! . ,t 3 ya)49 WRIT OF EXECUTION and/or ATTACHMENT r COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-6422 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC. Plaintiff (s) From ZACHARIAH J. BEHRENS HEATHER M. BEHRENS (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 $139,992.03 L.L. $.50 Interest FROM 6/9/2009 -12/9/2009 PER DIEM - $23.01 -$4,233.84 Atty's Comm % Atty Paid $374.90 Plaintiff Paid Date: 08/06/09 (Seal) Due Prothy $2.00 Other Costs urtis R. Lon , ro on tary By: Deputy REQUESTING PARTY: Name: ANDREW C. BRAMBLETT, ESQ. Address: PHELAN HALLINAN AND SCHMIEG ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTFF Telephone: 215-563-7000 Supreme Court ID No. 208375 6 Real Estate Sale # On August 19, 2009 the Sheriff levied upon the defendant's interest in the real property situated in West Pennsboro Township, Cumberland County, PA Known and numbered as, 1514 Newville Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 19, 2009 By: Rea state oordmator J?il Uhl r . 43J'"F i' CTTIMORTGAGE, INC. Plaintiff, v. ZACHARIAH J. BEHRENS HEATHER M. BEHRENS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS. CIVIL DIVISION NO. CIVIL-08-6422 AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE, INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 1514 NEWVILLE ROAD, CARLISLE, PA 17015-9489. 1. Name and address of Owner(s) or reputed Owner(s): Name ZACHARIAH J. BEHRENS ZACHARIAH J. BEHRENS ZACHARIAH J. BEHRENS HEATHER M. BEHRENS HEATHER M. BEHRENS HEATHER M. BEHRENS Address (if address cannot be reasonably ascertained, please indicate) 44 WEST MAIN STREET PLAINFIELD, PA 17081 1514 NEWVILLE ROAD CARLISLE, PA 17015-9489 PO BOX 194 PLAINFIELD, PA 17081 44 WEST MAIN STREET PLAINFIELD, PA 17081 1514 NEWVILLE ROAD CARLISLE, PA 17015-9489 PO BOX 194 PLAINFIELD, PA 17081 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 Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Dwaine D. Lesher 270 Dum Road Elliottsburg, PA 17024 Renee M. Lesher 270 Dum Road Elliottsburg, PA 17024 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 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) 1514 NEWVILLE ROAD CARLISLE, PA 17015-9489 13 North Hanover Street Carlisle, PA 17013 PO Boa 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13`h 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 state ents herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsificati ties. August 4, 2009 DATE ? Lawr ce 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 ?P6iMenay R. Dunn, Esq., Id. No. 206779 9 Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 CITIMORTGAGE, INC. CUMBERLAND COUNTY Plaintiff, . V. No. CIVIL-08-6422 ZACHARIAH J. BEHRENS HEATHER M. BEHRENS Defendant(s). August 4, 2009 TO: ZACHARIAH J. BEHRENS HEATHER M. BEHRENS 44 WEST MAIN STREET 1514 NEWVILLE ROAD PO BOX 194 PLAINFIELD, PA 17081 CARLISLE, PA 17015-9489 PLAINFIELD, PA 17081 **THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at 1514 NEWVILLE ROAD, CARLISLE, PA 17015-9489, 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 $139,992.03 obtained by CITIMORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL that certain piece, parcel, or tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: ALL of Lot No. 9 and the eastern 20 feet of Lot No. 8 as shown on Tract 'A', of that certain plan of lots known as 'The Cohick lots' and containing 70 feet in frontage along the Newville Public Road and extending in depth a distance of 170 feet to other lands now or formerly of Frank S. Cohick and Lois J. Cohick. It being all of Lot No. 9 and the eastern 20 feet of Lot No. 8 on Tract 'A', of the Cohick Lots as prepared by T. Elliot Middleton, Registered Surveyor, and prepared April 1, 1952. UNDER AND SUBJECT TO all the building and other restrictions attached to the aforesaid plan of lots which plan of lots is duly recorded in the Office of the Recorder of Deeds in Plan Book 5, Page 33. HAVING thereon erected a dwelling known as 1514 Newville Road, Carlisle, PA., 17013. TITLE TO SAID PREMISES IS VESTED IN Zachariah J. Behrens and Heather M. Behrens, his wife, as tenants by the entireties, by Deed from Dwaine D. Lesher and Renee M. Lesher, dated 03/18/2005, recorded 03/28/2005 in Book 268, Page 556. PARCEL NO. 46-19-1653-012 SHORT DESCRIPTION By virtue of a Writ of Execution No. CIVIL-08-6422 CITIMORTGAGE, INC. vs. ZACHARIAH J. BEHRENS and HEATHER M. BEHRENS owner(s) of property situate in the WEST PENNSBORO TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 1514 NEWVILLE ROAD, CARLISLE. PA 17015-9489 Parcel No. 46-19-1653-012 (Acreage or street address) Impro s thereon: RESIDENTIAL DWELLING P HALLINAN & SCHMIEG, L.L.P. ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 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. 2008-6422 Civil Citimortgage, Inc. vs. Coyne, Zachariah J. Behrens ' SWORN O AND SUBSCRIBED b f r m thi Heather M. Behrens e o e e s Atty: Daniel Schmieg da of November. 2009 ALL that certain piece, parcel, or tract of land situate in West Penns- boro Township, Cumberland County, Pennsylvania, more particularly Notary bounded and described as follows, to wit: ALL of Lot No. 9 and the eastern 20 feet of Lot No. 8 as shown on Tract 'A', of that certain plan of lots known ' ' The Cohick lots as and containing NOTARIAL SEAL 70 feet in frontage along the Newville DEBORAH A COLLINS Public Road and extending in depth Notary a distance of 170 feet to other lands CARLISLE BORO, CUMBBERL CUMBERLAND COUNTY now or formerly of Frank S. Cohiek and Lois J. Cohick. It being all of Lot My Commission Expires Apr 28, 2010 No. 9 and the eastern 20 feet of Lot No. _8 on Tract 'A', of the Cohick Lots ,,; PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) ~. P.R.C.P. 3180-3183 CITIMORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff v ZACHARIAH J. BEHRENS HEATHER M. BEHRENS Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 06/09/2009 to Date of Sale ($23.01 per diem) TOToAL ~a~.bo PtJA,n~/ 36.00 (.6F x1.00 ~~ 0~~0.00 ~• dl . 00 '• 38,yp a ~ • 50 '~ ysa.77 „ '18 • SO ,~ Id.no • IO.00 a ID.OD •• l~(, oo •~ air. «~ ~. a~a. r~r - Po A~ e~ qg 38x-7 ~a.oo t~veC'o e~'a~~a~ CIVIL DIVISION NO. CIVIL-08-6422 CUMBERLAND COUNTY $139,992.03 ~~° $ 12,609.48 _ '_~.~ W c~ . '6 -z-~ $152,601.51 ~ ` ' ~ „~, r.-, ~~ ~ ~l~ -~ Attorne for Plaintiff Phelan Hallman &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallman, 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 '~ ---~ -; _... ; ~. Note: Please attach description of property. PHS # 190327 ,~..1~~~ -o a~ a~ ~ ~ ~ o, o~ ~ ~~~n E..o o ~~~ F,o 0 WpGo w-r ~r~o w'_' _. ~ ~a¢ ~a a¢.. wm.w.a¢ ~a a ~ a v~ 0 a v~ a ¢~a ~a ~~ ~~a ~A ~A 3 a'7 a ..,. ~ w a .... .c W ~w Xw ~ w Zw X~ ¢w~ w pw xw~ w pw ~xz ~ ~~ Hz ~ ~~ -~o ¢~¢ ~.¢.a 4a WN~ ~a oa Q N.~U va a. a, x-~U va, as w z o~ O ~ ~ r d 'Jy ~ N V'1 ~!1 OHO ~p .~ O~ ~ Obi ~ ~ pM'p F~ ~ V N ~ N ~ ~ pp ~ ~ M O~ Cam' O ~+ O O N - QI ~ ~ M~~ p~ OMN ~~~ NN ~ Z W .. c o cz~"zo~oo`",N~ ©o cb o o~ OG. W ~ azzz'bz°Ti d o °~ ozz crZZ~ ~~+ Z~ C c abb'~~.~'-~zzZaoZbbW~~ ~ .. Z ~ ev ~o Q, ~'~ ~. b ~ -moo ° ~' d' c N ~p ~. V~ ~ x c "~' ~wwwbWW ~c~"b ~Ww~w'z? ~ . r~Vz,O Wx~ ~r=. ~ ~ ~ c ono ~~www ~w ~ yw .o U U > N~ ~~ w ¢ a^^^^^^^^^^^^^^^^^ -i ~, ,~ LEGAL DESCRIPTION ALL that certain piece, parcel, or tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: ALL of Lot No. 9 and the eastern 20 feet of Lot No. 8 as shown on Tract 'A', of that certain plan of lots known as 'The Cohick lots' and containing 70 feet in frontage along the Newville Public Road and extending in depth a distance of 170 feet to other lands now or formerly of Frank S. Cohick and Lois J. Cohick. It being all of Lot No. 9 and the eastern 20 feet of Lot No. 8 on Tract 'A', of the Cohick Lots as prepared by T. Elliot Middleton, Registered Surveyor, and prepared April 1, 1952. UNDER AND SUBJECT TO all the building and other restrictions attached to the aforesaid plan of lots which plan of lots is duly recorded in the Office of the Recorder of Deeds in Plan Book 5, Page 33. TITLE TO SAID PREMISES IS VESTED IN Zachariah J. Behrens and Heather M. Behrens, his wife, as tenants by the entireties, by Deed from Dwaine D. Lesher and Renee M. Lesher, dated 03/18/2005, recorded 03/28/2005 in Book 268, Page 556. PREMISES BEING: 1514 NEWVILLE ROAD, CARLISLE, PA 17015-9489 PARCEL NO.46-19-1653-012 IN THE UNITED STATES BANKRUPTCY COURT FUR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: ZACHARIAH BEHRENS Chapter: 7 Debtor(s) Case Number: 1:09-bk-07250-RNO ORDER DISMISSING CASE IT IS ORDERED that the above-named case is hereby dismissed for debtor(s) failure to comply with Order dated 9/30/2009. By the Court, ~..,~ ~. ~ Robert N. Opel, II, Bnnkniptcy Judge ten This document is electronically signed and fated nn the same date. Dated: January 20, 2010 MDPA-Dismiss Case.WPT -REV 03109 Case 1:09-bk-07250-RNO Doc 21 Filed 01/20/10 Entered 01/20/10 11:18:34 Desc B18 (Official Form 18) (02/09) UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA In re: Debtor(s) (name(s) used by the debtor(s) in the last 8 years, including married, maiden, and trade): Zachariah Behrens 1102 Pine Road Carlisle, PA 17015 Chapter 7 Case No. 1:09-bk-07250-RNO Last four digits of Social-Security, Individual Taxpayer-Identification, Employer Tax-Identification No(s)(if any): xxx-xx-9836 DISCHARGE OF DEBTOR(S) It appearing that the debtor(s) is entitled to a discharge, IT IS ORDERED: The debtor(s) is granted a discharge under section 727 of title 11, United States Code, (the Bankruptcy Code). BY THE COURT Dated: January 25. 2010 Honorable Robert N. Opel United States Bankruptcy Judge SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION. This document is electronically signed and filed on the same date. Case 1:09-bk-07250-RNO Doc 27 Filed 01/25/10 Entered 01/25/10 14:21:39 Desc Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 _~'~~~ F iC• t ,..,_~.iy~,• 215-563-7000 ~ ~' _ ' CITIMORTGAGE, INC. Plaintiff v. 2010 ~~3~; -~ ~:~~ ;:;= ~y ZACHARIAH J. BEHRENS HEATHER M. BEHRENS Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-08-6422 CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. C By: ~~v~ Attorney for~Plaintiff Phelan Hallinan &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 . ^ 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 t ~CITIMORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. NO. CIVIL-08-6422 ZACHARIAH J. BEHRENS , HEATHER M. BEHRENS CUMBERLAND COUNTY Defendant(s) PHS # 190327 AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE, INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1514 NEWVILLE ROAD, CARLISLE, PA 17015-9489. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) ZACHARIAH J. BEHRENS 1514 NEWVILLE ROAD CARLISLE, PA 17015-9489 44 WEST MAIN STREET ,.,, PLAINFIELD, PA 17081 rn_- ~ =~'j PO BOX 194 ~? '` U°~ ;~ ~--_~r_rtt PLAINFIELD, PA 17081-0194 • . c.,~ ; HEATHER M. BEHRENS 1514 NEWVILLE ROAD ~, CARLISLE, PA 17015-9489 , _, --_. y> ~ , , 44 WEST MAIN STREET `~ cr `s PLAINFIELD, PA 17081 ~-==' PO BOX 194 PLAINFIELD, PA 17081-0194 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) KAY JEWELERS 325 CHESTNUT STREET, STE. 501 C/O WELTMAN WEINBERG & REIS CO LPA PHILADELPHIA, PA 19106 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) DWAINE D. LESHER 270 DUM ROAD ELLIOTTSBURG, PA 17024 HEATHER M. BEHRENS 270 DUM ROAD ELLIOTTSBURG, PA 17024 ~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. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 1514 NEWVILLE ROAD CARLISLE, PA 17015-9489 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA ZACHARIAH BEHRENS C/O MARK F. BAYLEY, EQUIRE P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 17 W SOUTH ST CARLISLE, PA 17013 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 auth n 'es. July 29, 2010 By. ~~ ~~~~~'~lQ/f ~`. Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ 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 CITIMORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. NO. CIVIL-08-6422 ZACHARIAH J. BEHRENS CUMBERLAND COUNTY HEATHER M. BEHRENS Defendant(s) NOTICE OF SHERI FF'S SALE OF REAL PROPERTY E-, ~ „y ; ~ _ t~ -"4 TO: ZACHARIAH J. BEHRENS ZACHARIAH J. BEHRENS ~_~t `'_ ~ ''~-r;r= HEATHER M. BEHRENS HEATHER M. BEHRENS , ~"'': 1514 NEWVILLE ROAD PO BOX 194 ``' _. CARLISLE, PA 17015-9489 PLAINFIELD, PA 17081-0194"`J~ . ~' ZACHARIAH J. BEHRENS ~ c- ` 4 HEATHER M. BEHRENS ~ `~ ` 44 WEST MAIN STREET PLAINFIELD, PA 17081 * *THIS FIItM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 1514 NEWVILLE ROAD, CARLISLE, PA 17015-9489 is scheduled to be sold at the Sheriff's Sale on 12/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $139,992.03 obtained by CITIMORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: l . The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may ca11215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL that certain piece, parcel, or tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: ALL of Lot No. 9 and the eastern 20 feet of Lot No. 8 as shown on Tract 'A', of that certain plan of lots known as 'The Cohick lots' and containing 70 feet in frontage along the Newville Public Road and extending in depth a distance of 170 feet to other lands now or formerly of Frank S. Cohick and Lois J. Cohick. It being all of Lot No. 9 and the eastern 20 feet of Lot No. 8 on Tract 'A', of the Cohick Lots as prepared by T. Elliot Middleton, Registered Surveyor, and prepared April 1, 1952. UNDER AND SUBJECT TO all the building and other restrictions attached to the aforesaid plan of lots which plan of lots is duly recorded in the Office of the Recorder of Deeds in Plan Book 5, Page 3 3. TITLE TO SAID PREMISES IS VESTED IN Zachariah J. Behrens and Heather M. Behrens, his wife, as tenants by the entireties, by Deed from Dwaine D. Lesher and Renee M. Lesher, dated 03/18/2005, recorded 03/28/2005 in Book 268, Page 556. PREMISES BEING: 1514 NEWVILLE ROAD, CARLISLE, PA 17015-9489 PARCEL NO.46-19-1653-012 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-6422 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC., Plaintiff (s) From ZACHARIAH J. BEHRENS & HEATHER M. BEHRENS (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 $139,992.03 L.L. Interest from 6/9/09 to Date of Sale ($23.01 per diem) -- $12,609.48 Atty's Comm Due Prothy $2.00 Atty Paid $879.17 Other Costs Plaintiff Paid Date: 8/3/10 David D. Buell, P othonotary (Seal) By: REQUESTING PARTY: Name: JAIME McGUINNESS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP Deputy ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone : 215-563-7000 Supreme Court ID No. 90134 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY Crn?AORTGAGE, INC. PUS ii 1!0327 DEFENDANT 5>, VILZ-IjWLWa=c ZACHARIAH BEHRENS AWA ZACHARIAH J. BEHRENS COURT NO.: CIVHA)9-6422 HEATHER M. BEHRENS SERVE HEATHER M. BEHRENS AT: TYPE OF ACTION 1514 NBWVI= ROAD RY NNb dShWW2 Sale CAItr "PA 1701&%N BALE DATL: 12I00MO s•DIVORCRD- ONE CANNOT ACCEPT SERVICE FOR OTHER" SERA Served and made known to IWATTHER M S Defe on the ?ay of LEAS?, 20 L, at (0 o clock A M., at at 37f mmi LiR - - CUuU& the manner described below: _ Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is _A&DJ9 Adult in charge of DefendanCa residence who refused to give name or relationship. _ ManagedCkzk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. Other: Description: Age ¢? S Height S r3 Weight 14 y Race w Sex F Other 1, 17AYP4 t-n AG Lt- a competent adult, being duly sworn according to law, depose and state that 1 personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner asset forth herein, issued in the captioned case on the date and at the address indicated above. A 16A. FdKNA VhCA#47-. 1 N VES 71 &,y-t !N D(Sc "S " Sworn to and su bed f D f-4,PDOWT WE51 DC6 („d 2137 NF-W vt I.t. E ?D . nay 1 P N Of fo me this §2r On at o'clock M., Defendant NOT FOUND because: _ Moved _ Does Not Reside ( scan -°° _ o Answer on at at 7 Service Refused N(}, ,R' tai.;i' Other: MY COMMiSSIO',N F t'iRES ?,ArAti 7A13 " Sworn to and subscribed "7 k ; a before me this day By:V Notary: ATTORNEY FOR PLAIN77FF _ Lwnas LPid^I04,ri?4L J22A F1aMIS.Hiw?,aq,2L rN.U{fS ''{"? '--a? C...i T] Drill 68driy, aq, li Nw f2715 _'?, " Mk%&bLa dad rr.4,riw.aae CD Jda T. aw?r.I44, Y.2LSeNS _. ? .r.?: SIMVLR BVl,1K ¦y,Ii PL tl7W ?_..? t?,:r leie `DneP, &4,1i Ww i1f71 fyue RTdir,riN„Ii rL 43LTJ Ci i VfwkBdwruw4rh4,M.PL202D7 JgLJ?s a?4 IiN?Ri67 PMS111tn?P,8146UPLUM Ax& wL80n*L4,riNLWW lie MeG W 1, 64, ri lip. MN Cidw+ilt!.nshK 61 a[M."as John L GdiNP6 Zw_K WL 2WO CMIM" R Dr,aOX ft M6779 AdYewC.Itra2M, ti Th 2MS.T/5 r°ia7Jrii ?z..?b s?rra P2adlWy PA"ns- M (US)563-7m n F,LEO-OFFiC H'F PR 09 T Ff(1N TA R, 2010 OCT 13 AN 1p: c? OW p$E RSA io t,oul ; ,y,, ENYLVAHIA Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Plaintiff V. Court of Common Pleas Civil Division CUMBERLAND County ZACHARIAH J. BEHRENS HEATHER M. BEHRENS No.: CIVIL-08-6422 Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES 190327 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 October 30, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit «A» 2. Judgment was entered on June 12, 2009 in the amount of $139,992.03. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. A Sheriffs Sale of the mortgaged property at 1514 NEWVILLE ROAD, CARLISLE, PA 17015-9489 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendants filed a Chapter 07 Bankruptcy at Docket Number 1:09-07250 on September 18, 2009. The Bankruptcy was dismissed by order of court dated January 20, 2010. A true and correct copy of the Bankruptcy Court Order is attached hereto, made part hereof, and marked as Exhibit "C". The Property is listed for Sheriffs Sale on December 8, 2010. 6. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: 190327 Principal Balance $126,159.22 Interest Through December 8, 2010 $28,482.51 Per Diem $26.58 Late Charges $497.09 Legal fees $2,350.00 Cost of Suit and Title $3,939.27 Sheriffs Sale Costs $482.77 Property Inspections/ Property Preservation $737.50 Appraisal/Brokers Price Opinion $471.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $5,572.95 TOTAL $168,692.31 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 8, 2010 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "D". 11. No judge has previously entered a ruling in this case. 190327 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP r DATE: By: ? Lawrence T. Phel ., 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 [TSheetal 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 190327 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Plaintiff V. ZACHARIAH J. BEHRENS ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County HEATHER M. BEHRENS No.: CIVIL-08-6422 Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 190327 I. BACKGROUND OF CASE ZACHARIAH J. BEHRENS and HEATHER M. BEHRENS 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 1514 NEWVILLE ROAD, CARLISLE, PA 17015-9489. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase 190327 Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa. Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal 190327 and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Villa e Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest 190327 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 190327 Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff s sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff s sale date, as their interests will be divested by the Sheriff s sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its 190327 foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. 190327 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: By: ? Lawrence T. Vhel Esq., Id. No. 32227 Francis S. H 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 ZSheetal 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 190327 i o t Xh 190321 a p1i?-Y: f l fi 1'F . r_ : O d O ?!. E5 j n c- -¢ 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 MCGU OMSS, ESQ., Id. No. 90134. ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 190327 CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE MAIL STATION O'FALLON, MO 63368-2240 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff V. NO. ??yaa ZACHARIAH J. BEHRENS HEATHER M. BEHRENS 1514 NEWVILLE ROAD CARLISLE, PA 17015-9489 Defendants CUMBERLAND COUNTY We ho, e6 Within to ,Y Certify the Correct 00 0 P. a trig and Of the Original fi! ci of record CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE A OR Ey FILE COPy SE RETURN File #: 190327 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 #: 190327 1. Plaintiff is CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE MAIL STATION MALLON, MO 63368-2240 2. The name(s) and last known address(es) of the Defendant(s) are: ZACHARIAH J. BEHRENS HEATHER M. BEHRENS 1514 NEWVILLE ROAD CARLISLE, PA 17015-9489 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/23/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR WILMINGTON FINANCE INC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1991, Page 2463. 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 05/01/2008 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. Ric #: 190327 6. The following amounts are due on the mortgage: Principal Balance $126,159.22 Interest $5,634.96 04/01/2008 through 10/29/2008 (Per Diem $26.58) Attorney's Fees $1,250.00 Cumulative Late Charges $497.09 04/23/2007 to 10/29/2008 Cost of Suit and Title Search 550.00 Subtotal $134,091.27 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $134,091.27 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. 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File M 190327 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. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $134,091.27, together with interest from 10/29/2008 at the rate of $26.58 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 T. P AN, ESQUIRE BtAN"IELG. T crX.a?c d .sST S^ ESQUIRE NCIS S. HALLIN 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 MCGUIl1INESS, ESQUIRE Attorneys for Plaintiff File #: 190327 LEGAL DESCRIPTION All that certain parcel of land and improvements therein situate in the Township of West Pennsboro, County of Cumberland, and Commonwealth of Pennsylvania, and designated as Parcel No. 46-19-1653-012 and more fully described in a Deed dated March 18, 2005 and recorded March 28, 2005 in Cumberland County in Deed Book 268, Page 556, granted and conveyed unto Zachariah J. Behrens and Heather M. Behrens, husband and wife. UNDER AND SUBJECT TO all the building and other restrictions attached to the aforesaid plan of lots which plan of lots is duly recorded in the Office of the Recorder of Deeds in Plan Book 5, Page 33. UNDER AND SUBJECT TO the same rights, privileges, agreements, rights-of-way, easements, conditions, exceptions, restrictions, and reservations as exist by virtue or prior instruments, plan, deeds of conveyances, or visible on ground. s PARCEL: 46-19-1653-012 PROPERTY BEING: 1514 NEWVILLE ROAD File #: 190327 VERIFICATION hereby states that he/she is of CITIN40RTGAGE, INC., servicing agent for CTTIMORTGAGE, INC., 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 19 Pa. C.S. See. 4904 relating to unworn falsification to authorities. Name: tCk?? 1.1.?Z JDI DATE: Ole Title: Company: CITIMORTGAGE, INC. Loan:771547037 File f 190327 Exhibit 190327 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 L Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. VS. ZACHARIA.H J. BEHRENS HEATHER M. BEHRENS Attorney for Plaintiff 101 o u ? ?7 CUMBERLAND COUNTY z; L; COURT OF COMMON PLEA : CIVIL DIVISION : No. CIVIL-08-6422 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 Z&rCHARIAH J. BEHRENS, and HEATHER M. BEHRENS. 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 Plaintiff's damages as follows: As set forth in Complaint $134,091.27 Interest -10/30/2008 to 06/08/2009 $5,900.76 TOTAL $139,992.03 Exhibit "C" 190327 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: ZACHARIAH BEHRENS Debtor(s) Chapter: 7 Case Number: 1:09-bk-07250-RNO ORDER DISMISSING CASE IT IS ORDERED that the above-named case is hereby dismissed for debtor(s) failure to comply with Order dated 9/30/2009. By the Court, (9,,,,,4 U. jr Robert N. Opel, 11, Bankruptcy Judge (uq This document is electronically signed and /fled on the sanie data. Dated: January 20, 2010 MDPA-Dismiss Case.WPT - REV 03/09 Case 1:09-bk-07250-RNO Doc 21 Filed 01/20/10 Entered 01/20/10 11:18:34 Dese Main Document Page 1 of 1 Notice Recipients District/Off. 0314-1 User: CAnthony Date Created: 1/20/2010 Case: 1:09-bk-07250-RNO Form ID: pdfD01 Total: 17 Recipients of Notice of Electronic Filing: ust United States Trustee ustpregion03,ha.ecf@usdoj.gov tr Markian R Slobodian (Trustee) PA49@ecfcbis.com aty Richard D Koch rkochlaw@verizon.net TOTAL:3 Recipients submitted to the BNC (Bankruptcy Noticing Center): db Zachariah Behrens 1102 Pine Road Carlisle, PA 17015 3376008 Citimortgage Inc., c/o Phelan Hallinan &Schmeig L 1617 John F. Kennedy Boulevard, Suite 14 Philadelphia, PA 19103-1814 3376009 Consumer Collection for Pine Ridge 2333 Grissom Dr. Saint Louis, MO 63146-3322 3376010 Cornerstone Federal Credit Union 4 East Gate Drive Carlisle, PA 17015-9124 3376012 ER Solutions for AT 800 SW 39th Street Renton, WA 98057-4975 3376011 Eastern Account System for Comcast 75 Glen Road, Suite 110 Sandy Hook, CT 06482-1175 3376013 Heather Bechtel 2137 Newville Road Carlisle, PA 17015 3376014 Hilco Receivables LLC for Wells Fargo Bank 5 Revere Drive Northbrook, IL 60062-1566 3376015 Interstate Waste Services of PA 135 Vaughn Road Shippensburg, PA 17257-9727 3376016 Jon Barry &Associates Inc for Carlisle Regional M P.O. Box 748 Concord, NC 28026-0748 3397280 Pennsylvania State Collection and Disbursement Uni P.O. Box 69110 Harrisburg, PA 17106-9110 3376017 Torres Credit Services for UGI 27 Fairview St., Suite 301 Carlisle, PA 17015-3200 3376018 Wells Fargo Bank, N.A. of Pennsylvania 604 E. High St. Carlisle, PA 17013-2608 3376019 Weltman, Weinberg &Weis Co. for Kay Jewelers 325 Chestnut St., Suite 501 Philadelphia, PA 19106-2605 TOTAL: 14 Case 1:09-bk-07250-RNO Doc 21-1 Filed 01/20/10 Entered 01/20/10 11:18:34 Desc PDF all creds ptys UST IRS: Notice Recipients Page 1 of 1 Exhi 190327 s } 1 J X °o v_ o. ? ..a W o x? U d Q?c ? o U• .¢aa? a0a G ? L i zQ? a oo c ? O y U C O G « O ' N ? CG 9 T?Q F N U U L ? ? y dIZ W08A 03lItf F .U .C ) £ 016 6 3000 9SZLLZb000 a E c'w g OLOZ 90130 "ZOS ??ZO aoea ?? 0 0 OZs ,3,v.09 A3NS?e ' 6o c A 3 ° E A c p 0 ?lsO ?? obi. E _ ? ? 10 d F >E C N w « x ? O CC y A W Q W W W ?? ?a o ?r ? a A Q a Z ? ? °o E r a N ? r ? o E . > o ° v o ? o 0.4 !1 C O w E CJ ° ? °o W O a O r\ h`I . ? U ? . ^ tx0 ?' '" ? Frl M 3 2? + 'O O N ^ F" "? ;: z a z z z b a 0-0 a a a ? w ? w w w s ? CO U CO CQ OQ ? w Q w w w ? a ? ?.° ? W Z H Q H d H 4 a 0 + o E r z? z z z z 0 W W W W W? ', ? o o a? m? a? a?? ca cCd d Q ? b aa x aa m? xA ao ? dw Q Qw Qo QW o aZ a a? a? aw ° rj) o y ? U? U Va V U4 z; N N a N a a Z NU N U F i M M M Z M M Q' ?r ?r. ??+ µi r?i o ? a a a a a ?? v v ? n O N r, d n o v l N M O o, PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX4: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey October 5, 2010 ZACHARIAH J. BEHRENS HEATHER M. BEHRENS 1514 NEWVILLE ROAD CARLISLE, PA 17015-9489 RE: CITIMORTGAGE, INC. v. ZACHARIAH J. BEHRENS, and HEATHER M. BEHRENS Premises Address: 1514 NEWVILLE ROAD CARLISLE, PA 17015 CUMBERLAND County CCP, No. CIVIL-08-6422 Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by October 10, 2010. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. ry truly yours, jklyj Kos. Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire 190327 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 190327 VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: D D By: J ? Lawrence T. Pl , 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 U?udith T. Romano, Esq., Id. No. 58745 [heetal 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 190327 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 Jenne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division V. ZACHARIAH J. BEHRENS HEATHER M. BEHRENS Defendants CUMBERLAND County No.: CIVIL-08-6422 CERTIFICATION OF SERVICE 190327 I hereby certify that true and correct copies of Plaintiff s Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. ZACHARIAH J. BEHRENS ZACHARIAH J. BEHRENS HEATHER M. BEHRENS 1102 PINE ROAD 1514 NEWVILLE ROAD CARLISLE, PA 17015-9352 CARLISLE, PA 17015-9489 ZACHARIAH J. BEHRENS ZACHARIAH J. BEHRENS HEATHER M. BEHRENS HEATHER M. BEHRENS PO BOX 194 34 MARILYN DRIVE PLAINFIELD, PA 17081-0194 CARLISLE, PA 17013 ZACHARIAH J. BEHRENS HEATHER M. BEHRENS 44 WEST MAIN STREET PLAINFIELD, PA 17081 Phelan Hallinan & Schmieg, LLP 1 s DATE: U 2 ? By; ? Lawrence T. P , 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 Jenne 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 190327 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 12, 2010 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: CITIMORTGAGE, INC. v. ZACHARIAH J. BEHRENS and HEATHER M. BEHRENS CUMBERLAND County CCP, No. CIVIL-08-6422 Dear Sir or Madam: Enclosed for filing please find Motion to Reassess Damages, Brief in Support thereof, and Certification of Service with regard to the above captioned matter. Kindly return a time-stamped copy of the enclosed in the self-addressed stamped envelope provided for your convenience. Very truly • Lawrence T. an, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire ,,,,,8heetal R. Shah-Jani, Esquire Jennie 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 190327 r. Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Enclosure cc: ZACHARIAH J. BEHRENS HEATHER M. BEHRENS 190327 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 12, 2010 ZACHARIAH J. BEHRENS HEATHER M. BEHRENS 1514 NEWVILLE ROAD CARLISLE, PA 17015-9489 RE: CITIMORTGAGE, INC. v. ZACHARIAH J. BEHRENS, and HEATHER M. BEHRENS Premises Address: 1514 NEWVILLE ROAD CARLISLE, PA 17015 CUMBERLAND County CCP, No. CIVIL-08-6422 Dear Defendants, Enclosed please find Plaintiffs Motion to Reassess Damages, Memorandum of Law in Support thereof, and Certification of Service relative to the above referenced matter that were filed with the Office of the Prothonotary of Cumberland. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly y is, L wrence T. , Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire 9 J dith T. Romano, Esquire heetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire 190327 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 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN 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 ENFORCEMENT OF A LIEN AGAINST PROPERTY. 190327 . ~''; OF THE PROTHON TARP 2010 OCT 18 PM ! : 2 CUMBERLAND CQUNTY PENNSYL,YANIA OCT 7 4 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CITIMORTGAGE, INC. Court of Common Pleas Plaintiff . Civil Division v. CUMBERLAND County ZACHARIAH J. BEHRENS . A/K/A ZACHARIAH BEHRENS No.: CIVIL-08-6422 HEATHER M. BEHRENS No.: Defendants RULE AND NOW, this /B' day of G~,fi i~ 2010, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Z,o ~/- 7 ~ •t~ut~ Rule Returnable ~„ *'-o--_..~~sf 7 ~n~ n, at ~n ~14ain ar is e, e f~ n r -`' ~~~ ~~ s' s~t~~-J~ ~ . 3E1„,~ ~ ~ ~~ t a~rg~~~ BY COURT _ ., , ~~± :5 J. - . --~ -, .,_ •-: i ~_. __ v i_.. _, 7 -~ ~; ,.w .~,,..' ~~,4~ 190327 4 ~'~ T# ~~ ~R(?~Ff ~~~ ~,~ ~~~~?~ Z~i~ooT 25 ~~ rr. o~ ~'~r,$ ~SA~G ~~~~1~"~ L~A~rr~~ 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 ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Plaintiff v. ZACHARIAH J. BEHRENS A/K/A ZACHARIAH BEHRENS HEATHER M. BEHRENS Court of Common Pleas Civil Division CUMBERLAND County No.: CIVIL-08-6422 No.. Defendants CERTIFICATION OF SERVICE 190327 I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of November 7, 2010 was sent to the following individual on the date indicated below. ZACHARIAH J. BEHRENS ZACHARIAH J. BEHRENS AJK/A ZACHARIAH BEHRENS A/K/A ZACHARIAH BEHRENS HEATHER M. BEHRENS 1102 PINE ROAD 1514 NEWVILLE ROAD CARLISLE, PA 17015-9352 CARLISLE, PA 17015-9489 ZACHARIAH J. BEHRENS ZACHARIAH J. BEHRENS A/K/A ZACHARIAH BEHRENS A/K/A ZACHARIAH BEHRENS HEATHER M. BEHRENS HEATHER M. BEHRENS PO BOX 194 34 MARILYN DRIVE PLAINFIELD, PA 17081-0194 CARLISLE, PA 17013 ZACHARIAH J. BEHRENS A/KJA ZACHARIAH BEHRENS HEATHER M. BEHRENS 44 WE5T MAIN STREET PLAINFIELD, PA 17081 an Hallinan & Schmieg, LLP DATE: b a~' 1~° By: ^ a en a T. Phelan, Esq Id. No. 32227 ^ r cis S. Hallinan, Esq. Id. No. 62695 ^ el G. Schmieg, Esq. Id. No. 62205 ^ hele 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 190327 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. Plaintiff, v ZACHARIAH J. BEHRENS HEATHER M. BEHRENS Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: CIVIL-08-6422 AFFIDAVIT OF SERVICE PURSUANT TO RULE 31.29.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto E 11ii tf-' V. C7 Date: -INI-L D'fawr T. Phelan, Esq., Id. Nee 32227 ? Frai s S. Hallman, 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.; I'd. No, 87077 Lauren R. Tabas, Esq., Id. No. 93337 ? Vivelc Srive6va, Esq., Id. No. 202331 ol;l Jay ones, Esq., Id. No. 86657 P er J. Mulcahy, Esq., Id. Nu. 61791 Andrew L.'Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No, 90134 ChrisovalanteP. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., 10, No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett Esq., Id. No. 208375 Attorney for Plaintiff IMPORTAN N TICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff"s Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS 4 190327 a C_ C C T F Ci bA "r•' ? AMC". a? a a'?.+`O0a ii N ro Cc' z¢O o.i 4 a £0660 jaoo l1Z ? OgnLp???yyppOZ £OJf1V 99z L?b000 ` `c ? bN! Z p ? ? ? a Jb ll', o lsOdmo y! A: O 'vj o .c o C L ? T/ H T ` i :.N. G11 _?O ?7 7? d O O d,Jb ?. O O' v.t N'q rVW ? O C YTi. t? ? O.. E G ry O F' W O. F"' CK Fol. Vl Vl q': 1d L o fl rr t-g 03 w .? y N, O W C' ? ,.? .--c ? '? y v ? ,.+•i ? I:k ? ? ? C? ti O w .C ` °'W? ? 3?d wQ Cw ? 0+ fi ? x' ? ?,? U fl o,?, 3 d 'w ?;-? am G a ?v~ c ?C cGZh? ,d H p?ca v?<C wA ? aaoa a n ? .o ?? U >M 7 cV flr- c -t ? ?? ? a ? LL, cQd ? ? ;? vw E ? ? Vi a tzl Ax ? ? Z Rr ? x L? x ?'" .? '? ? pa ? ??•' Qom, ?? ?? „ ?? R7 Q G*1 QS r? ? a? N > 1 y ? _ A W F ? , H W CG A ?i cn G/] ?F U o a= c ZN ? ?s aT « o o2: ° s. c c•O ?Wg ??UD ? Z i Vi All ar ? ?C ? d a? a fl,? . Z ? L ?.., . c?a.Q ? c s A d ?.3. v 3 U ?,•] ? '"? ? A? F A © ? 7 c e Z W ' o U? ?.?y c , -; °ii C 3,v? oo Nx UM L NVU ANW W ' i W a F V A U V W AC , r i 'Q i 7, E v all 9e -K # # v Q? U -X -k is •k •k _ O 10 z .-? ? c7 v vl ?a r- oo a, ? 3 Phelan Hallinan & Schmieg, LLP `By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division V. : CUMBERLAND County ZACHARIAH J. BEHRENS A/K/A ZACHARIAH BEHRENS No.: CIVIL-08-6422 HEATHER M. BEHRENS No.: Defendants MOTION TO MAKE RULE ABSOLUTE 190327 CITIMORTGAGE, INC., by and through its attorneys, Phelan Hallinan & Schmieg, LLP, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is t Plaintiff in this action. 2. A Motion o Reassess Damages was filed wi the Court on October 13, 2010. 3. A Rule was entered by the Court on or about ktober 18, 2010 directing the Defendants to show cause why the Motion to Reassess Dam es 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 22, 2010, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of November 11, 2010. 190327 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. & Schmieg, LLP DATE: By: lJ°6.0/?j ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? 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 'me 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 190327 t t' ILEEI-o t jE t" '112 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Plaintiff V. ZACHARIAH J. BEHRENS A/K/A ZACHARIAH BEHRENS HEATHER M. BEHRENS Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: CIVIL-08-6422 CERTIFICATION OF SERVICE I 190327 %I . . . 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. ZACHARIAH J. BEHRENS A/K/A ZACHARIAH BEHRENS HEATHER M. BEHRENS 1514 NEWVILLE ROAD CARLISLE, PA 17015-9489 ZACHARIAH J. BEHRENS A/K/A ZACHARIAH BEHRENS HEATHER M. BEHRENS 34 MARILYN DRIVE CARLISLE, PA 17013 ZACHARIAH J. BEHRENS A/K/A ZACHARIAH BEHRENS 1102 PINE ROAD CARLISLE, PA 17015-9352 ZACHARIAH J. BEHRENS A/K/A ZACHARIAH BEHRENS HEATHER M. BEHRENS PO BOX 194 PLAINFIELD, PA 17081-0194 ZACHARIAH J. BEHRENS A/K/A ZACHARIAH BEHRENS HEATHER M. BEHRENS 44 WEST MAIN STREET PLAINFIELD, PA 17081 DATE: ( I / (.e (c), By: PheI4 Hapi"nln & Schmieg, LLP " LawrencelT. Phelan, Esq., Id. No. 32227 ? Francis S. allinan, 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 190327 OCT 14 2010 C a -° -?Z IN THE COURT OF COMMON PLEAS z m a ?•t.. CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. Plaintiff V. ZACHARIAH J. BEHRENS HEATHER M. BEHRENS Defendants ORDER ",CD ±a Court of Common P o© -t zo _ C11 Civil Division 3>(= °rn -< < cn CUMBERLAND Lour ::q -c No.: CIVIL-08-6422 AND NOW, this ! 1 day of Ahr&A" , 2010 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc in this case as follows: Principal Balance $126,159.22 Interest Through December 8, 2010 $28,482.51 Per Diem $26.58 Late Charges $497.09 Legal fees $2,350.00 Cost of Suit and Title $3,939.27 Sheriffs Sale Costs $482.77 Property Inspections/ Property Preservation $737.50 Appraisal/Brokers Price Opinion $471.00 190327 Mortgage Insurance Premium / Private Mortgage Insurance $0.00 Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $5,572.95 TOTAL $168,692.31 Plus interest from December 8, 2010 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY TH OURT ? J. ?lQ ??? 190327 NOY 18 ?010 u C C -p 3C MW o ze -4 X M -c 0 w ob o Z $C r X-- A CD IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County ZACHARIAH J. BEHIAS A/K/A ZACHARIAH BEHRENS No.: CIVIL-08-6422 HEATHER M. BEHRENS Defendants ORDER AND NOW, this /`!' day of Ah-, ? , 2010, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute; and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tune as follows: Principal Balance Interest Through December 8, 2010 Per Diem $26.58 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium / $126,159.22 $28,482.51 $497.09 $2,350.00 $3,939.27 $482.77 $737.50 $471.00 $0.00 190327 s Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. redits Escrow Deficit TOTAL' $0.00 ($0.00) $5,572.95 $168,692.31 Plus interest from December 8, 2010 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. 6LE ir?lQ ??o BY THE COURT ?I J. 190327 190327 it g -e OC ? 1 4 2011: IN THE COURT OF COMMON PLEAS -l cj m _ CUMBERLAND COUNTY, PENNSYLVANIA ' cn CJ M- -Dr--° r _ e n. CITIMORTGAGE, INC. Court of Common P Plaintiff _ o == Civil Division V. ;--? ..: tv Cn D ? CUMBERLAND County ZACHARIAH J. BEHRENS HEATHER M. BEHRENS No.: CIVIL-08-6422 Defendants ORDER AND NOW, this /'1 day of Per&" , 2010 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tune in this case as follows: Principal Balance $126,159.22 Interest Through December 8, 2010 $28,482.51 Per Diem $26.58 Late Charges $497.09 Legal fees $2,350.00 Cost of Suit and Title $3,939.27 Sheriffs Sale Costs $482.77 Property Inspections/ Property Preservation $737.50 Appraisal/Brokers Price Opinion $471.00 190327 Mortgage Insurance Premium / Private Mortgage Insurance $0.00 Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $5,572.95 TOTAL $168,692.31 Plus interest from December 8, 2010 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE OURT J• 190327 ?=r r• nbd ?aao: ova ?? yr o q' ? ro 4C cia ..•C? n n rt9 ?- r x l x ?n ~ ? 4?{ .r omo -ft $A 000 t 74'd 1 •" T t?9 V O N ? o VWTEpy, 40 0 .N N Ui ? SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor OFF n?f -7 7 P:-NNSYLYAHjry Citimortgage Inc vs. Case Number . Zachariah J. Behrens (et al.) 2008-6422 SHERIFF'S RETURN OF SERVICE 10/0712010 02:25 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 7, 2010 at 1405 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 Zachariah J. & Heather M. Behrens, located at, 1514 Newville Road, Carlisle, Cumberland County, Pennsylvania according to law. 10/07/2010 03:05 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 7, 2010 at 1505 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: Zachariah J. Behrens, by making known unto Joanne Miller,mother of defendant, at 1102 Pine Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 10/07/2010 02:25 PM - Deputy Noah Cline, being duly sworn according to law, attempted service to the Defendant, to wit: Zachariah J. Behrens at 1514 Newville Road, West Pennsboro Township, Carlisle, PA 17015. The address was found to be vacant. 10/07/2010 02:25 PM - Deputy Noah Cline, being duly sworn according to law, attempted service to the Defendant, to wit: Heather M. Behrens at 1514 Newville Road, West Pennsboro Township, Carlisle, PA 17015. The address was found to be vacant. 10/08/2010 06:19 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 8 2010 at 1815 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Heather M. Behrens, by making known unto William Paulus, father of defendant, at 2137 Newville Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 12/14/2010 Ronny R. Anderson, Sheriff, 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 Cumberland County Courthouse, Carlisle, PA on December 8, 2010 at 10:00 a.m.. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg on behalf of Citimortgage, Inc., being the buyer in this execution, paid to the Sheriff the sum of $772.04 SHERIFF COST: $772.04 December 28, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF fig.©? P? • ? o? .ice 60 44 7779,,4-" a s-?"6-7 r CeumySuite She! .....+t. 7e'.?osoft. I:-:c, CITIMORTGAGE, INC. - Plaintiff • COURT OF COMMON PLEAS V. ZACHARIAH J. BEHRENS HEATHER M. BEHRENS Defendant(s) CIVIL DIVISION NO. CIVIL-08-6422 CUMBERLAND COUNTY PHS # 190327 AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE, INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1514 NEWVILLE ROAD, CARLISLE, PA 17015-9489. Name and address of Owner(s) or reputed Owner(s): Name ZACHARIAH J. BEHRENS HEATHER M. BEHRENS 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 1514 NEWVILLE ROAD CARLISLE, PA 17015-9489 44 WEST MAIN STREET PLAINFIELD, PA 17081 PO BOX 194 PLAINFIELD, PA 17081-0194 1514 NEWVILLE ROAD CARLISLE, PA 17015-9489 44 WEST MAIN STREET PLAINFIELD, PA 17081 PO BOX 194 PLAINFIELD, PA 17081-0194 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) KAY JEWELERS 325 CHESTNUT STREET, STE. 501 C/O WELTMAN WEINBERG & REIS CO LPA PHILADELPHIA, PA 19106 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) DWAINE D. LESHER 270 DUM ROAD ELLIOTTSBURG, PA 17024 HEATHER M.BEHRENS 270 DUM ROAD ELLIOTTSBURG, PA 17024 r' 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 1514 NEWVILLE ROAD CARLISLE, PA 17015-9489 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA ZACHARIAH BEHRENS C/O MARK F. BAYLEY, EQUIRE P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 17 W SOUTH ST CARLISLE, PA 17013 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 auth rt 'es. July 29, 2010 By. Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? 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 r CITIMORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. : NO. CIVIL-08-6422 ZACHARIAH J. BEHRENS CUMBERLAND COUNTY - HEATHER-M. -REHRENS - -- Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ZACHARIAH J. BEHRENS HEATHER M. BEHRENS 1514 NEWVILLE ROAD CARLISLE, PA 17015-9489 ZACHARIAH J. BEHRENS HEATHER M. BEHRENS PO BOX 194 PLAINFIELD, PA 17081-0194 ZACHARIAH J. BEHRENS HEATHER M. BEHRENS 44 WEST MAIN STREET PLAINFIELD, PA 17081 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 1514 NEWVILLE ROAD, CARLISLE, PA 17015-9489 is scheduled to be sold at the Sheriff's Sale on 12/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $139,992.03 obtained by CITIMORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL: BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared -- to-the-value-of YourProPert}? 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL that certain )arcel, or tract of land situate in West Pennsboro Townshi Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: ALL of Lot No. 9 and the eastern 20 feet of Lot No. 8 as shown on Tract 'A', of that certain plan of lots known as 'The Cohick lots' and containing 70 feet in frontage along the Newville Public Road and extending in depth a distance of 170 feet to other lands now or formerly of Frank S. Cohick and Lois J. Cohick. It being all of Lot No. 9 and the eastern 20 feet of Lot No. 8 on Tract 'A', of the Cohick Lots as prepared by T. Elliot Middleton, Registered Surveyor, and prepared April 1, 1952. UNDER AND SUBJECT TO all the building and other restrictions attached to the aforesaid plan of lots which plan of lots is duly recorded in the Office of the Recorder of Deeds in Plan Book 5, Page 33. TITLE TO SAID PREMISES IS VESTED IN Zachariah J. Behrens and Heather M. Behrens, his wife, as tenants by the entireties, by Deed from Dwaine D. Lesher and Renee M. Lesher, dated 03/18/2005, recorded 03/28/2005 in Book 268, Page 556. PREMISES BEING: 1514 NEWVILLE ROAD, CARLISLE, PA 17015-9489 PARCEL NO. 46-19-1653-012 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-6422 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC., Plaintiff (s) From ZACHARIAH J. BEHRENS & HEATHER M. BEHRENS (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 $139,992.03 L.L. Interest from 6/9/09 to Date of Sale ($23.01 per diem) -- $12,609.48 Atty's Comm % Due Prothy $2.00 Atty Paid $879.17 Other Costs Plaintiff Paid Date: 8/3/10 David D. Buell, rothonotary (Seal) By: Deputy REQUESTING PARTY: Name: JAIME McGUINNESS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 90134 On September 22, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in West Pennsboro Township, Cumberland County, PA, Known and numbered as, 1514 Newville Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 22, 2010 By: U", Real Estate Coordinator PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 22, October 29, and November 5, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Lis arie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 5 day of November. 2010 Notary F OTARIAL SEAL RAH A COLLINS otary Public UGH, CUMBERLAND COUNTY ion Expires Apr 26, 2014 CUMBERLAND LAW JOURNAL Writ No. 2008-6422 civil Citimortgage Inc. vs. Zachariah J. Behrens Heather M. Behrens Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. CIVIL-08-6422, CITIMORT- GAGE, INC. vs. ZACHARIAH J. BEHRENS, HEATHER M. BEHRENS, owner of property situate in WEST PENNSBORO TOWNSHIP, Cumber- land County, Pennsylvania, being 1514 NEWVILLE ROAD, CARLISLE, PA 17015-9489. Parcel No. 46-19-1653-012. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $139,992- .03. The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE 14c 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 Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject mater of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 2008-6422 Civil Term Citimortgage inc vs Zechariah J. Behrens Heather M. Behrens Atty. Daniel Schmieg By virtue of a Writ of Execution NO. CML-08-6422 CIDMORTGAGE, INC. vs. ZACHARIAH J. BEHRENS HEATHER M.BEHRENS owner(s) of property situate in WEST PENNSBORO TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 1514 NEWVILLE ROAD, CARLISLE, PA 17015-9489 Parcel No. 46-19-1653-012 (Acreage or street address) Improvements thereon: RESIDENTIAL, DWELLING JUDGMENT AMOUNT: $139,992.03 Sworn to before me this 'I,d d?r cif ovi ?_. -/ 11 , Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial 5081 I Sherrie L Kisner', Notary Public 1II ;_ower Paxton Twp., Dauphin County My Commission Expires Nov. 26, 2011 i e, tb r, aennsvtvania Association of Notaries 10/15/10 10/22/10 10/29/10 r, 2010 A. D. 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 Citimortag ge Inc is the grantee the same having been sold to said grantee on the 8th day of December A.D., 2010, under and by virtue of a writ Execution issued on the 3rd day of August, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 08 Number 6422, at the suit of Citimortg_ag_e In against Zachariah J & Heather M Behrens is duly recorded as Instrument Number 201101089. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this _ J __day of t ?kecor er of Deeds 'ecader of Deeds, Cumberland Counter, CarAsie, FA ly Commission Expires the Fist Mandq d Jan. 2M4