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HomeMy WebLinkAbout08-7000 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 V-1AY 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 186353 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 Plaintiff V. MANUEL M. MCDILDA A/K/A MANUEL MCDILDA JULIA G. MCDILDA 745 PANZA DRIVE MECHANICSBURG, PA 17050 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM 9 "r' / NO. 6?- Gad CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 186353 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 (717) 249-3166 File #: 186353 1. Plaintiff is CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 2. The name(s) and last known address(es) of the Defendant(s) are: MANUEL M. MCDILDA A/K/A MANUEL MCDILDA JULIA G. MCDILDA 745 PANZA DRIVE MECHANICSBURG, PA 17050 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/02/1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1581, Page 15. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 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 #: 186353 6. The following amounts are due on the mortgage: Principal Balance $92,017.50 Interest $5,143.20 04/01/2008 through 11/26/2008 (Per Diem $21.43) Attorney's Fees $1,325.00 Cumulative Late Charges $155.32 11/02/1999 to 11/26/2008 Cost of Suit and Title Search 750.00 Subtotal $99,391.02 Escrow Credit $0.00 Deficit $570.24 Subtotal 570.24 TOTAL $99,961.26 7 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 186353 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $99,961.26, together with interest from 11/26/2008 at the rate of $21.43 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 L E T. PH AN, ESQUIRE C S. HALLINAN, ESQUIRE ANIE 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, ES JAY B. JONES, ESQUIRE Y4r?- PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 186353 LEGAL DESCRIPTION All THAT CERTAIN lot or piece of ground with improvements thereon erected situate in Hampden Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey made by Michael C. D'Angelo, registered surveyor, dated April 26, 1979, as follows to wit: BEGINNING at a point, said point being formed by the intersection of the centerline of Sears Run Road with the centerline of Panza Drive (a 12 foot wide private road); thence in and along the centerline of Panza Drive (12 foot wide private road), North 49 degrees 24 minutes 40 seconds West a distance of 151.40 feet to a point; thence in and along the same, North 18 degrees 02 minutes 40 seconds West, a distance of 560.04 feet to a point; thence in and along the same, North 35 degrees 56 minutes East, a distance of 65.91 feet to a point; thence in and along the same, North 73 degrees 23 minutes 38 seconds East, a distance of 199.60 feet to a point in Panza Drive, the point and place of BEGINNING; thence leaving aforesaid Panza Drive (12 foot wide private road) and running along lands now or late of Robert R. Mumma, North 8 degrees 35 minutes 11 seconds West, a distance of 123.88 feet to a point; thence along lands now or formerly of Trayer, North 79 degrees 3 minutes 26 seconds East, a distance of 199.67 feet to a point; thence along lands now or formerly of Barry G. Cline, South 8 degrees 45 minutes 45 seconds East, a distance of 120.0 feet to a point in Panza Drive (12 foot wide private road); thence in and along the same, South 79 degrees 23 minutes West a distance of 152.55 feet to a point; thence continuing in and along the same, South 73 degrees 23 minutes 38 seconds West, a distance of 47.89 feet to a point, the place and point of BEGINNING. File #: 186353 HAVING thereon erected a dwelling. CONTAINING 23,970.41 square feet. TOGETHER with the right to use the said 12 feet wide private road for the purpose of ingress, egress and regress to and from the lot of land hereinbefore described in common with the said Harry G. Gill and Robert R. Mumma, and their heirs and assigns, and subject to the use of the portion of said 12 feet wide road laid out or proposed to be laid out, over the lands herein conveyed as hereinbefore set forth, by the said Harry G. Gill and Robert R. Mumma, herein, and their heirs and assigns, and subject further to the stipulation and covenant that the grantees herein, their heirs and assigns, shall maintain that portion of said 12 feet wide private road on which the land herein coveyed abuts at their own cost so long as said road shall not be extended beyond the line of said lands, and, in the event that said lot shall be extended beyond the line of said land as proposed, the grantees, their heirs and assigns, shall pay their just and proportionate share of the costs of maintaining said road. PARCEL NO. 10-18-1314-003 PROPERTY BEING: 745 PANZA DRIVE File #: 186353 VERIFICATION I hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. DATE: D? File #: 186353 w v NN, Q\ rTl r 1r- rn 3 v? 0 1" Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-08-7000 CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff VS. MANUEL MCDILDA JULIA G. MCDILDA TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Date: 12/16/08 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: / )51?1'? 1 ? L Fran 's S. H 1 nan, Esquire PHS #: 186353 ? A r' VERIFICATION Scott Scheiner hereby states that he/she is Vice President of CITIMORTGAGE, INC., servicing agent for Plaintiff, CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, 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 o a thorities. Scott einer, Vice President DATE: November 28, 2008 Company: CITIMORTGAGE, INC. Loan:610000413 File #: 186353 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff VS. MANUEL MCDILDA JULIA G. MCDILDA Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-08-7000 CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: JULIA G. MCDILDA 745 PANZA DRIVE MECHANICSBURG, PA 17050-2545 MANUEL MCDILDA 1425 APPLE DRIVE, APARTMENT 133 MECHANICSBURG, PA 17055-3931 Date: 12/16/08 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: "?" I/jz Franc S. Halle an, Esquire ?-- gym- a ?7 ?` i :^_t .. Y.a`.. d . o _ r i`' SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-07000 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CITIMORTGAGE INC VS MCKILDA MANUEL M 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 MCDILDA MANUEL M unable to locate Him in his bailiwick. COMPLAINT - MORT FORE but was He therefore returns the NOT FOUND , as to the within named DEFENDANT 745 PANZA DRIVE MECHANICSBURG, PA 17050 MCDILDA MANUEL M DEFENDANT IN BANKRUPTCY. GIVEN ADDRESS IS VACANT. DEFT LIVES AT 1425 APPLE DR APT 133 MECHANICSBURG. Sheriff's Costs: So answers: Docketing 18.00 Service 11.70 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 44.70 PHELAN HALLINAN SCHMIEG 12/31/2008 Sworn and Subscribed to before me this day of A.D. h,? .; +.„?- E+-.. Hwy ?-..,y5 k..' a "'",.r-i ??? 3 r 4-_,. ?;?'? SHERIFF'S RETURN - REGULAR CASE NO: 2008-07000 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS MCKILDA MANUEL M ET AL MARK CONKLIN DEFENDANT , at 1805:00 HOURS, on the 30th day of December-, 2008 Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MCDILDA JULIA G MECHANICSBURG, PA 17050 at 1109 LOUISA LANE JULIA MCDILDA Sheriff or Deputy Sheriff of the by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 6.00 11.70 .00 10.00 R. Thomas Kline .00 27.70 12/31/2008 PHELAN HALLINAN SCHMIE By. day epu y Sheriff A. D. g ti* _r t:...:.Y " :: ?. J 6. "°""4 . e : t ?:" s ,,`r . -_, _:.? ,_ r•: 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 215-563-7000 CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff VS. MANUEL MCDILDA JULIA G. MCDILDA Defendants TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY No. CIVIL-08-7000 Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: James rv ?] , 009 PHELAN HALLINAN & SA?C (HMIEG, LIT" By:- Francis S. Hallinan, Esquire Lawrence T. Phelan, Esquire Daniel G. Schmieg, Esquire Attorneys for Plaintiff /sam, Svc Dept. File# 186353 N c Fri oii 0 SHERIFF'S RETURN - REGULAR CASE NO: 2008-07000 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS MCKILDA MANUEL M ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MCDILDA MANUEL M the DEFENDANT , at 1815:00 HOURS, on the 23rd day of January , 2009 at 1425 APPLE DRIVE APT 133 MECHANICSBURG, PA 17050 by handing to MANUEL MCDILDA a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 9.90 .00 10.00 R. Thomas Kline .00 37.90 01/26/2009 PHELAN HALLIN SC EG By. day Depu heriff , A.D. r,_ ''-a '? '' ?`; ? ? T - t?.3 f ."'?'J f,,a ._ Lk; U Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. VS. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION MANUEL MCDILDA 1425 APPLE DRIVE, APARTMENT 133 No. CIVIL-08-7000 MECHANICSBURG, PA 17055-3931 JULIA G. MCDILDA 1109 LOUISA LANE MECHANICSBURG, PA 17050 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 MANUEL MCDILDA, and JULIA G. MCDILDA, 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 $99,961.26 Interest - 11/27/2008 to 02/25/2009 $1.950.13 TOTAL $101,911.39 I hereby certify that (1) the addresses of the Defendant(s) are as shown above and (2) that notice has been given in accordance with Rule 237.1, cgpy'Attacheda /, ,/' j Daniel G. Schmieg, E Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: zc 0 9 2/,- ht. PHS # 186353 PRO PROTHY ., Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. VS. MANUEL MCDILDA JULIA G. MCDILDA Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. CIVIL-08-7000 VERIFICATION OF NON-MILITARY SERVICE Daniel G. Schmieg, Esquire, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant MANUEL MCDILDA is over 18 years of age and resides at 1425 APPLE DRIVE, APARTMENT 133, MECHANICSBURG, PA 17055-3931. (c) that defendant JULIA G. MCDILDA is over 18 years of age and resides at 1109 LOUISA LANE, MECHANICSBURG, PA 17050. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Daniel G. c ieg, Esq re Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. VS. MANUEL MCDILDA 1425 APPLE DRIVE, APARTMENT 133 MECHANICSBURG, PA 17055-3931 JULIA G. MCDILDA 1109 LOUISA LANE MECHANICSBURG, PA 17050 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. CIVIL-08-7000 Notice is given that a Judgment in the above captioned matter has been entered against you on 4 .7 qo q By: If you have any questions concerning this leplease co t ct- aniel G. Sc * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSL Y RECEIVED A DISCHARGE IN BANKR UPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** D ieg, Esq it Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 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 (.2_15) 563-7000 CITIMORTGAGE, INC. SJB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff v MANUEL MCDILDA JULIA G. MCDILDA Defendant(s) TO: MANUEL MCDILDA 1425 APPLE DRIVE APARTMENT 133 MECHANICSBURG, PA 17055-3931 DATE OF NOTICE: February 13, 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 appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 (717) 240-6195 0 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. CIVIL-08-7000 CUMBERLAND COUNTY Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 SEAN MCDONNELL Legal Assistant PHS # 186353 + 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. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff V. MANUEL MCDILDA JULIA G. MCDILDA Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. CIVIL-08-7000 CUMBERLAND COUNTY TO: JULIA G. MCDILDA 1109 LOUISA LANE r MECHANICSBURG, PA 17050 DATE OF NOTICE: February 13, 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 appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 SEAN MCDONNELL Legal Assistant PHS # 186353 ? ? ? `; V ? ?- ...j... ? G? ':. C . ? ? a - `?' ,,' ? }? ? ? _. - , ? ?, 4 c ^P PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff, V. No. CIVIL-08-7000 MANUEL M. MCDILDA A/K/A MANUEL MCDILDA JULIA G. MCDILDA Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $101,911.39 Interest from 02/26/2009-09/02/2009 $3,165.75 and Costs (per diem -$16.75) TOTAL $105,077.14 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The,sale must be postponed or stayed in the event that a representative of the plaintiff is not present-at the sale. 186353 A d a 0z z A w> ?z a d Ow ?O ?A U 00 0 Cw7 A<C 00 a A? 0 a Uti 0? oc H H a ZV V Rn tn 0 d a ?o x? V? W?U z M o ?x w DC w rA w a •; 0 F cis 04 A ?w `° a? ? a d? W o o d in ON e4 0 U CA N b ° fT _ C=D a ? ? c? 1 c L4 1-7 a? Cd. a M kn M ?O 00 CO 0 ce (ie LEGAL DESCRIPTION All THAT CERTAIN lot or piece of ground with improvements thereon erected situate in Hampden Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey made by Michael C. D'Angelo, registered surveyor, dated April 26, 1979, as follows to wit: BEGINNING at a point, said point being formed by the intersection of the centerline of Sears Run Road with the centerline of Panza Drive (a 12 foot wide private road); thence in and along the centerline of Panza Drive (12 foot wide private road), North 49 degrees 24 minutes 40 seconds West a distance of 151.40 feet to a point; thence in and along the same, North 18 degrees 02 minutes 40 seconds West, a distance of 560.04 feet to a point; thence in and along the same, North 35 degrees 56 minutes East, a distance of 65.91 feet to a point; thence in and along the same, North 73 degrees 23 minutes 38 seconds East, a distance of 199.60 feet to a point in Panza Drive, the point and place of BEGINNING; thence leaving aforesaid Panza Drive (12 foot wide private road) and running along lands now or late of Robert R. Mumma, North 8 degrees 35 minutes 11 seconds West, a distance of 123.88 feet to a point; thence along lands now or formerly of Trayer, North 79 degrees 3 minutes 26 seconds East, a distance of 199.67 feet to a point; thence along lands now or formerly of Barry G. Cline, South 8 degrees 45 minutes 45 seconds East, a distance of 120.0 feet to a point in Panza Drive (12 foot wide private road); thence in and along the same, South 79 degrees 23 minutes West a distance of 152.55 feet to a point; thence continuing in and along the same, South 73 degrees 23 minutes 38 seconds West, a distance of 47.89 feet to a point, the place and point of BEGINNING. HAVING thereon erected a dwelling. CONTAINING 23,970.41 square feet. TOGETHER with the right to use the said 12 feet wide private road for the purpose of ingress, egress and regress to and from the lot of land hereinbefore described in common with the said Harry G. Gill and Robert R. Mumma, and their heirs and assigns, and subject to the use of the portion of said 12 feet wide road laid out or proposed to be laid out, over the lands herein conveyed as hereinbefore set forth, by the said Harry G. Gill and Robert R. Mumma, herein, and their heirs and assigns, and subject further to the stipulation and covenant that the grantees herein, their heirs and assigns, shall maintain that portion of said 12 feet wide private road on which the land herein conveyed abuts at their own cost so long as said road shall not be extended beyond the line of said lands, and, in the event that said lot shall be extended beyond the line of said land as proposed, the grantees, their heirs and assigns, shall pay their just and proportionate share of the costs of maintaining said road. TITLE TO SAID PREMISES IS VESTED IN Manuel M. McDilda and Julia G. McDilda, his wife, by Deed from Harold V. Hanson, single man, dated 09/07/1988, recorded 09/09/1988 in Book 33-0, Page 213. PREMISES BEING: 745 PANZA DRIVE, MECHANICSBURG, PA 17050-2545 PARCEL NO. 10-18-1314-003 OFIS (Official Form 18)(12/07) 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 marred, maiden, and trade): Manuel Maulites McDilda 745 Panza Drive Mechanicsburg, PA 17050 Chapter 7 Case No. 1:08-bk-02684-MDF Last four digits of Social-Security, Individual Taxpayer-Identification, Employer Tax-Identification No(s)(if any): xxx-xx-6428 DISCHARGE OF DEBTOR It appearing that the debtor is entitled to a discharge, IT IS ORDERED:The debtor is granted a discharge under section 727 of title 11, United States Code, (the Bankruptcy Code). BY THE COURT Dated: November 12, 2008 Mary D. France 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 1:08-bk-02684-MDF Doc 14 Filed 11/12/08 Entered 11/12/08 01:01:07 Desc Discharge Ch 7 Pre/Post Act Page 1 of 2 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff, V. MANUEL M. MCDILDA A/K/A MANUEL MCDILDA JULIA G. MCDILDA Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-08-7000 CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: 0 an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DAMff G. S HMIEG, ES IRE Attorney for Plaintiff ???? c???? ? ° ?'? k ?. ?? ?t:??. fi'^ 4 iF I- CITIMORTGAGE, INC. SB/M TO ABN AMRO -4ORTGAGE GROUP, INC. Plaintiff, V. MANUEL M. MCDILDA A/K/A MANUEL MCDILDA JULIA G. MCDILDA Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-08-7000 AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE. INC. SB/M TO ABN AMRO MORTGAGE GROUPS INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,745 PANZA DRIVE, MECHANICSBURG, PA 17050-2545 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MANUEL M. MCDILDA 1425 APPLE DRIVE, APT. 133 A/K/A MANUEL MCDILDA MECHANICSBURG, PA 17055 JULIA G. MCDILDA 1109 LOUISA LANE MECHANICSBURG, PA 17050 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY 3453 SIMPSON FERRY ROAD CAMP HILL, PA 17011 25 GATEWAY DRIVE, SUITE 107 MECHANICSBURG, PA 17055 BENEFICIAL CONSUMER DISCOUNT 4910 CARLISLE PIKE, SUITE 104 COMPANY, DBA, BENEFICIAL MECHANICSBURG, PA 17050 -MORTGAGE COMPANY OF r PENNSYLVANIA 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Down Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 745 PANZA DRIVE MECHANICSBURG, PA 17050-2545 13 North Hanover Street Carlisle, PA 17013 PO Box 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 statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. March 27, 2009 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ,,F E 1 ftC'1 2004'riAR 31 AM :: 0 u+ CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff, V. MANUEL M. MCDILDA A/K/A MANUEL MCDILDA JULIA G. MCDILDA Defendant(s). TO: MANUEL M. MCDILDA A/K/A MANUEL MCDILDA 1425 APPLE DRIVE, APT. 133 MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No. CIVIL-08-7000 March 27, 2009 JULIA G. MCDILDA 1109 LOUISA LANE MECHANICSBURG, PA 17050 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. ** Your house (real estate) at , 745 PANZA DRIVE, MECHANICSBURG, PA 17050-2545, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 2, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $101,911.39 obtained by CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 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 Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION All THAT CERTAIN lot or piece of ground with improvements thereon erected situate in Hampden Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey made by Michael C. D'Angelo, registered surveyor, dated April 26, 1979, as follows to wit: BEGINNING at a point, said point being formed by the intersection of the centerline of Sears Run Road with the centerline of Panza Drive (a 12 foot wide private road); thence in and along the centerline of Panza Drive (12 foot wide private road), North 49 degrees 24 minutes 40 seconds West a distance of 151.40 feet to a point; thence in and along the same, North 18 degrees 02 minutes 40 seconds West, a distance of 560.04 feet to a point; thence in and along the same, North 35 degrees 56 minutes East, a distance of 65.91 feet to a point; thence in and along the same, North 73 degrees 23 minutes 38 seconds East, a distance of 199.60 feet to a point in Panza Drive, the point and place of BEGINNING; thence leaving aforesaid Panza Drive (12 foot wide private road) and running along lands now or late of Robert R. Mumma, North 8 degrees 35 minutes 11 seconds West, a distance of 123.88 feet to a point; thence along lands now or formerly of Trayer, North 79 degrees 3 minutes 26 seconds East, a distance of 199.67 feet to a point; thence along lands now or formerly of Barry G. Cline, South 8 degrees 45 minutes 45 seconds East, a distance of 120.0 feet to a point in Panza Drive (12 foot wide private road); thence in and along the same, South 79 degrees 23 minutes West a distance of 152.55 feet to a point; thence continuing in and along the same, South 73 degrees 23 minutes 38 seconds West, a distance of 47.89 feet to a point, the place and point of BEGINNING. HAVING thereon erected a dwelling. CONTAINING 23,970.41 square feet. TOGETHER with the right to use the said 12 feet wide private road for the purpose of ingress, egress and regress to and from the lot of land hereinbefore described in common with the said Harry G. Gill and Robert R. Mumma, and their heirs and assigns, and subject to the use of the portion of said 12 feet wide road laid out or proposed to be laid out, over the lands herein conveyed as hereinbefore set forth, by the said Hang G. Gill and Robert R. Mumma, herein, and their heirs and assigns, and subject further to the stipulation and covenant that the grantees herein, their heirs and assigns, shall maintain that portion of said 12 feet wide private road on which the land herein conveyed abuts at their own cost so long as said road shall not be extended beyond the line of said lands, and, in the event that said lot shall be extended beyond the line of said land as proposed, the grantees, their heirs and assigns, shall pay their just and proportionate share of the costs of maintaining said road. TITLE TO SAID PREMISES IS VESTED IN Manuel M. McDilda and Julia G. McDilda, his wife, by Deed from Harold V. Hanson, single man, dated 09/07/1988, recorded 09/09/1988 in Book 33-0, Page 213. PREMISES BEING: 745 PANZA DRIVE, MECHANICSBURG, PA 17050-2545 PARCEL NO. 10-18-1314-003 2009 MAR 31 A (1: 00 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-7000 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC., Plaintiff (s) From MANUEL M. MCDILDA A/K/A MANUEL MCDILDA AND JULIA G. MCDILDA (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 $101,911.39 L.L. $.50 Interest FROM 2/26/2009 - 09/02/2009 - (PER DIEM - $16.75) - $3,165.75 AND COSTS Arty's Comm % Atty Paid $239.30 Plaintiff Paid Due Prothy $2.00 Other Costs Date: MARCH 31, 2009 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 'I't dai urtis R. Long, JPotlna? By: Deputy (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 SUNTRUST MORTGAGE, INC. Plaintiff, V. PATRICIA A. WOLL No. 08-7478 Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $299,676.57 Interest from 02/27/2009-09/02/2009 $9,260.88 and Costs (per diem -$49.26) TOTAL $308,937.45 DANIEL G. SCHMIEG, QUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 176980 da aw o? Oa ?U O? U? H ?v U w H 0 H a a a 3 d V w 0 a U yC ? © V H o W a? O? 0 a U` a tw u? N O t" d a d 0 w W 3' ?' ? A C ? W A o d ? o0 C7 ?? PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 SUNTRUST MORTGAGE, INC. Plaintiff, . V. PATRICIA A. WOLL Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-7478 CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. ?_X? %I v DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff IJI _ ?:n ? 0.•`1 SUNTRUST MORTGAGE, INC. Plaintiff, .W V. PATRICIA A. WOLL Defendant(s). CIVIL DIVISION NO. 08-7478 AFFIDAVIT PURSUANT TO RULE 3129.1 SUNTRUST MORTGAGE. INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,341 NORTH 19TH STREET. CAMP HILL. PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PATRICIA A. WOLL 433 SAMPLE BRIDGE ROAD ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) CUMBERLAND COUNTY COURT OF COMMON PLEAS 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 'A -pal 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program Last Known Address (if address cannot be reasonably ascertained, please indicate) 341 NORTH 19TH STREET CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. March 27, 2009 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff 10%. -, t tt? ?s .r SUNTRUST MORTGAGE, INC. CUMBERLAND COUNTY Plaintiff, V. No. 08-7478 PATRICIA A. WOLL Defendant(s). March 27, 2009 TO: PATRICIA A. WOLL 433 SAMPLE BRIDGE ROAD ENOLA, PA 17025 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT ,1 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 ANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 341 NORTH 19TH STREET, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 2, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $299,676.57 obtained by SUNTRUST MORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. r 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 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in the Borough of Camp Hill, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern side of North 19 Street and at the southwest corner of land conveyed by S. Josephine Breach, widow, to Joseph Kutchman, et ux, by Deed recorded in the Cumberland County Recorder of Deeds Office, in Deed Book `M', Volume 25, Page 876, and which is also the southwest corner of Lot No. 228, on the hereinafter referred to Plan of Lot; thence along the southern line of Lot No. 228, aforesaid, North 82 degrees 30 minutes East, 100.00 feet to a point; thence South 07 degrees 30 minutes East along the eastern line of Lots Nos. 229, 230, 231, 232 and 233, a distance of 150.00 feet to a point on the northern right-of-way line of Lincoln Street; thence along the northern line of Lincoln Street, South 82 degrees 30 minutes West, 100.00 feet to a point on the eastern line of North 19th Street aforesaid; thence along the eastern line of North 19th Street, North 07 degrees 30 minutes West, 150.00 feet along the western line of Lots Nos. 233, 232, 231, 230 and 229, a distance of 150.00 feet to the point and place of BEGINNING. The above description prepared in accordance with a survey by William B. Whittock, Professional Engineer, and being Lots Nos. 229 through and including 233, as shown on the Plan of Lots recorded in the Cumberland County Recorder of Deeds Office, in Plan Book 1, Page 90. HAVING THEREON ERECTED a 1-1/2 story frame dwelling known and numbered as 341 N. 19th Street, Camp Hill, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Patricia A. Woll, single woman, by Deed from Thomas G. Liddick and Sally J. Liddick, h/w, dated 06/22/2007, recorded 06/27/2007, in Deed Book 280, page 3319. PREMISES BEING: 341 NORTH 19TH STREET, CAMP HILL, PA 17011 PARCEL NO. 01-20-1854-249 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-7478 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUNTRUST MORTGAGE, INC., Plaintiff (s) From PATRICIA A. WOLL (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 $299,260.88 L.L. $.50 Interest from 2/27/09 - 9/02/09 (per diem - $49.26) - $9,260.88 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $186.60 Other Costs Plaintiff Paid Date: 3130109 ur is R. roth ctary (Seal) By: Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTEFF CITIMORTGAGE, INC. SMM TO ABN AMRO MORTGAGE GROUP, INC. No. CIVILrO11-7000 DEFENDANT(S) MANUEL M. MCDILDA ACCT. 0 863 A/KtA MANUEL, MCDILDA JULIA G. MCDILDA Type of Action - Nodee of Sher ffrs Sale SERVE JULIA G. MCDILDA AT: 1109 LOUISA LAME Sale Date: SEPTEMBER 2, 2009 MECHANICSBURG, PA 17050 \ SERVED Served and made known to I trl A G• M C D I L b A Defendant, oa the __ k4 day of M a , 20o2 at 4:0-7 . o'ciock p AL, st I oq Lb c.(i5 A l ifAi L, M F_c 4ftacs & a &- Commonwealth of Pennsylvania, in the manner described below: V Defendant personally served. Adult f mly member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Dafendaut(s)'s residence who refused to give name air relationdup. ManagodClerk of place of lodging in which Defendant(s) reside(s). Agent or person irk charge of Detendant(s)'s office or usual place of business. an officer of said Defendant(a)'s company. Odd er. Description Age 4 LL' Height weight 140 Race W Sex F Other P&11 - D All D (- a competent whA being duly swan according to law, depose and ststo that I personally handed a true and correct copy of die Notice of Sberifra yak in do manner as set forth herein, issued in the captioned case at the date and at the address indicated above. Sworn to and sayscrioed before me this y of 200-Y N By: ,-? ?V v :THE=ODORE J.?i VICE ATLEAST 3 TIIVIBS. INDICATE DATES 8c TIMES OF SERVICE ATTEMPTED. NOTARY PUBLIC STATE OF NEW JERSEY NOT SERVED My!l9 WN E1PIRES " M11012 y of . 200_ . at o'clock _,,,.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1't Attempt:_ / I _ _Time: 2"s Attempt / I Time: 3rd Attempt: -Time: Sworn to and subscribed Attorney fS Miff before me this day DANUM G. SCEM M% squire- LD. No. 62205 Of 200, One Penn Center at Suburban Stadon, Suits 1400 Notary: By: 1517 John A Kamedy Boulevard PbikddpWa, PA 19103-1814 (215) 563.7000 C') y 711 3 CF THE Aj ,T?R a,Y 2009 JUN 10 API lit= 08 CLIMI 1, a amp.- ?t7t????iNT ?: "i?S1,?lOP ?':_ " i•?? btC?E2t1NM?'i:) Yil? A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff V. MANUEL M. MCDILDA A/K/A MANUEL MCDILDA JULIA G. MCDILDA Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-08-7000 AFFIDAVIT OF SERVICE OF LIENHOLDERS PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE. OF SALE COMMONWEALTH OF PENNSYLVANIA } COUNTY OF CUMBERLAND ) SS: I, the undersigned attorney for CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. hereby verify as follows: Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 745 PAN7.A DRIVE, MECHANICSRTIRG, PA 17050-2545. As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to all known Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". PHELAN, HALLINAN & SCHMIEG, LLP By: ence T. Phelan, Esq., Id. No. 32227 Francis S. Haliinan, 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. 20677T' Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff Date: © 7 P- IMPORTANT/ NOTICE: This property is sold at the direction of the plaintiff. 1 may not be cold 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. 186353-SXF w x S ono as fd CA' UwAi v w? d) ca ?2 c? U W? a b ? tet ?' b d ? d d Q o u V y {i. 'yy.. 0. ..?1. c+ ? ? C N Q C-411" .? Q •? gN? pQ O p £0 L6l 3Q0? 0 wS LZ17000 A . y ?'C!O b F w D yyO C EO G ?? Y G N C F? ¢ M ^' .? M o ? h o „ O 00 ?b p o q u b' ? `? C??a•a° H y E His Pr (> W a a N 00 W d W dos a u g ?= r, ?I Y?I - a ? 45 wa 0 b 3 H H ;tt O O C A A U U W W ? w w 00 N ?'' + ? ?1ar? !+ V1 h Cn p V VUj W a $ = f+ w V] N ?' A ? X 7. U O Z h H O Wp n ¢ o aw O o ' c d e ?w? O °" p•? N a s ?a A s M E-"4o0 ? w ? A o U A W W as CJ W F ,Z?nROa; ea UAL O U ?3 3v1 va a?i oo`DO 000 a a p a Q r?a .a Q O 3 V U co W ? U &o W ~ OCOD o t `? a ? 0, ? ? V d ' WH a ?ag+ p u ? Q d o ? 0 O rA TA a+ A vi Q O u w U x z 0 ° W w x M U A .-• O U A a Q !1 ?o At? en x M U ? ? N 9 W IT !. aa? 08 Fx `m a Z A A V AaA en W) 00 a H . FILE, .*,;!- ? LZ RE Cr C: r,7 r tt;OlT s? , ; .. R i 2009 J UL 31 l 10: 2i I , 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. S/B/M TO ABN AMRO Court of Common Pleas MORTGAGE GROUP, INC. Plaintiff Civil Division V. CUMBERLAND County MANUEL M. MCDILDA No. CIVIL-08-7000 A/K/A MANUEL MCDILDA JULIA G. MCDILDA Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on December 1, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A55. 2. Judgment was entered on February 26, 2009 in the amount of $101,911.39. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on September 2, 2009. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $92,017.50 Interest Through September 2, 2009 $11,101.86 Per Diem $21.43 Late Charges $621.28 Legal fees $1,325.00 Cost of Suit and Title $1,261.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $510.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $2,871.96 TOTAL $109,709.10 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on August 20, 2009 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: By: awrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. SB/M TO ABN AMRO Court of Common Pleas MORTGAGE GROUP, INC. Plaintiff Civil Division V. CUMBERLAND County MANUEL M. MCDILDA No. CIVIL-08-7000 A/K/A MANUEL MCDILDA JULIA G. MCDILDA Defendants a MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE MANUEL M. MCDILDA A/K/A MANUEL MCDILDA and JULIA G. MCDILDA 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 745 PANZA DRIVE, MECHANICSBURG, PA 17050-2545. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriff s sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings an d Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicom v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: 19 By: Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 [RCourtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Exhibit "A" r • PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745. SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 LAUREN R. TABAS, ESQ., Id. No. 93337 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 _ 186353 CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. 5280 CORPORATE DRIVE M81011 FREDERICK, MD 21703 Plaintiff V. 0 C N ? c !Yj l%. a 1"T7 '1 -T3 rn cn ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM f I d i l NO. 4i- 7ea6 CUMBERLAND COUNTY MANUEL M. MCDILDA AWA MANUEL MCDILDA JULIA G. MCDILDA 745 PLAZA DRIVE MECHANICSBURG, PA 17050 we hero Within ? ? fY the ?` p' OR Y is correct bV9 and PLEmE R ? CIVIL ACTION - LAW o $9r1e1 f?f `of nor COMPLAINT IN MORTGAGE FORECLOSURE File #: 186353 i 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 (717) 249-3166 File #: 186353 1. Plaintiff is CTTIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 2. The name(s) and last known address(es) of the Defendant(s) are: MANUEL M. MCDILDA A/K/A MANUEL MCDILDA JULIA G. MCDILDA 745 PANZA DRIVE MECHANICSBURG, PA 17050 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/02/1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1581, Page 15. 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 #: 186353 6. The following amounts are due on the mortgage: Principal Balance $92,017.50 Interest $5,143.20 04/01/2008 through 11/26/2008 (Per Diem $21.43) Attorney's Fees $1,325.00 Cumulative Late Charges $155.32 11/02/1999 to 11/26/2008 Cost of Suit and Title Search 750.00 Subtotal $99,391.02 Escrow Credit $0.00 Deficit $570.24 Subtotal 570.24 TOTAL $99,961.26 7 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 186353 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $99,961.26, together with interest from 11/26/2008 at the rate of $21.43 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 L E T. P AN, ESQUIRE C S. HALLINAN, ESQUIRE ANTE 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, ES 1 JAY B. JONES, ESQUIRE ?S 7 PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 186353 LEGAL DESCRIPTION All THAT CERTAIN lot or piece of ground with improvements thereon erected situate in Hampden Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey made by Michael C. D'Angelo, registered surveyor, dated April 26, 1979, as follows to wit: BEGINNING at a point, said point being formed by the intersection of the centerline of Sears Run Road with the centerline of Panza Drive (a 12 foot wide private road); thence in and along the centerline of Panza Drive (12 foot wide private road), North 49 degrees 24 minutes 40 seconds West a distance of 151.40 feet to a point; thence in and along the same, North 18 degrees 02 minutes 40 seconds West, a distance of 560.04 feet to a point; thence in and along the same, North 35 degrees 56 minutes East, a distance of 65.91 feet to a point; thence in and along the same, North 73 degrees 23 minutes 38 seconds East, a distance of 199.60 feet to a point in Panza Drive, the point and place of BEGINNING; thence leaving aforesaid Panza Drive (12 foot wide private road) and running along lands now or late of Robert R. Mumma, North 8 degrees 35 minutes 11 seconds West, a distance of 123.88 feet to a point; thence along lands now or formerly of Trayer, North 79 degrees 3 minutes 26 seconds East, a distance of 199.67 feet to a point; thence along lands now or formerly of Bang G. Cline, South 8 degrees 45 minutes 45 seconds East, a distance of 120.0 feet to a point in Panza Drive (12 foot wide private road); thence in and along the same, South 79 degrees 23 minutes West a distance of 152.55 feet to a point; thence continuing in and along the same, South 73 degrees 23 minutes 38 seconds West, a distance of 47.89 feet to a point, the place and point of BEGINNING. File #: 186353 4 HAVING thereon erected a dwelling. CONTAINING 23,970.41 square feet. TOGETHER with the right to use the said 12 feet wide private road for the purpose of ingress, egress and regress to and from the lot of land hereinbefore described in common with the said Harry G. Gill and Robert R. Mumma, and their heirs and assigns, and subject to the use of the portion of said 12 feet wide road laid out or proposed to be laid out, over the lands herein conveyed as hereinbefore set forth, by the said Harry G. Gill and Robert R. Mumma, herein, and their heirs and assigns, and subject further to the stipulation and covenant that the grantees herein, their heirs and assigns, shall maintain that portion of said 12 feet wide private road on which the land herein coveyed abuts at their own cost so long as said road shall not be extended beyond the line of said lands, and, in the event that said lot shall be extended beyond the line of said land as proposed, the grantees, their heirs and assigns, shall pay their just and proportionate share of the costs of maintaining said road. PARCEL N6.10-18-1314-003 PROPERTY BEING: 745 PANZA DRIVE File #: 186353 I, VERIFICATION Scott Scheiner hereby states that he/she is Vice President of CITTMORTGAGE, INC., servicing agent for Plaintiff, CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, 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 unswom falsification o a thorities. Scott einer, Vice President DATE: November 28, 2008 Company: CITIMORTGAGE, INC. Loan:610000413 File #: 186353 evl5l"r 3 4 Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Attorney for Plaintiff 215-563-7000 ?ITTORNEY FILE COPY PLEASE RETURN CITIMORTGAGE, INC. S/B/M TO ABN CUMBERLAND COUNTY AMRO MORTGAGE GROUP, INC. COURT OF COMMON PLEAS _ CIVIL DIVISION MANUEL MCDILDA ?M , z 1425 APPLE DRIVE, APARTMENT 133 No. CIVIL-08-7000. _ , MECHANICSBURG PA 17055-3931 ?: , JULIA G. MCDILDA 1109 LOUISA LANE cry MECHANICSBURG, PA 17050 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO `ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: 1TTORNEY FILE COPY PLEASE RETURN Kindly enter judgment in favor of the Plaintiff and against MANUEL MCDhILDA,-and -JULIA G. MCDILDA. 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 $99,961.26 Interest -11/27/2008 to 02/25/2009 $1.950.13 TOTAL $101,911.39 I hereby certify that (1) the addresses of the Defendant(s) are as shown above and (2) that notice has been given in accordance with Rule 237.1, coplAttached, i, -? / ITTORNEY FILE 0 Af CZ PLEASE RETURNDaniel G. Schmieg, E Attomey for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: z a PHS # 186353 PRO PROTHY e)(HI15 I T C PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey August 20, 2009 MANUEL M. MCDILDA A/K/A MANUEL MCDILDA 1425 APPLE DRIVE APARTMENT 133 MECHANICSBURG, PA 17055-3931 JULIA G. MCDILDA 1109 LOUISA LANE MECHANICSBURG, PA 17050 RE: CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. v. MANUEL M. MCDILDA A/K/A MANUEL MCDILDA and JULIA G. MCDILDA Premises Address: 745 PANZA DRIVE MECHANICSBURG, PA 17050 CUMBERLAND County CCP, No. CIVIL-08-7000 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 ?. '2S, ?{-.,6q Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very ft -W La nEs re Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire •IGlichele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Enclosure 0 0 _W o x? ? cd z? L x U Z c .WZ a O 'II L C ? EaV] zQo T O N U O C O C '."+ Y O w Q Y U 3 E c u J ' ' ? o E ` r 1 [z o C C E ftl 1 o c £o Ls 3003a1z w083 03i row E soot ozE)nv oLo8Lz7ooo o o o 09Z' AL z 1?4 _ V _ E 0. N 15 y5 a?m - K old 'S E E Od DoT o v E w 4 E X u w ° d U F E? O a ? ?F to C U U bNq N wI ? C E C > 9 7 o W /?? /y +Y N ° V _ U O C MGM o N 0. ? etl O z monooE /M > O o 0 O I?1 U W W C Vl C_ W °W69 v w z ° W E o ° ?v) m a.- E -tt v v m E M Nj M A d v ? o v^ _ p --rrn ? w d a v d ' Fzj .., o U U E a A p a kn V a ett r4 d N T ?+ Or ~ O ?? r-. O ? a y d ?O ?O o° -E x, kn 7 Ir ti r h s a a a .? U Uva Ucn g w .aM az ?z WN = M d _ ° o ?, to kn kn z en ? M ? M 0 0 0 0 000 V to v a a a o ?; L ? a i F y c v a N M oo p\ N M In H u VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: By: awrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No, 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF h Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. SB/M TO ABN AMRO Court of Common Pleas MORTGAGE GROUP, INC. Plaintiff Civil Division V. CUMBERLAND County MANUEL M. MCDILDA No. CIVIL-08-7000 A/K/A MANUEL MCDILDA JULIA G. MCDILDA Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. MANUEL M. MCDILDA MANUEL M. MCDILDA A/K/A MANUEL MCDILDA A/KJA MANUEL MCDILDA 1425 APPLE DRIVE JULIA G. MCDILDA APARTMENT 133 745 PANZA DRIVE MECHANICSBURG, PA 17055-3931 MECHANICSBURG, PA 17050-2545 MANUEL M. MCDILDA A/K/A MANUEL MCDILDA JULIA G. MCDILDA 1109 LOUISA LANE MECHANICSBURG, PA 17050 Phelan Hallinan & Schmieg, LLP DATE: °I By: awrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF i s A t PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey August 26, 2009 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. v. MANUEL M. MCDILDA A/K/A MANUEL MCDILDA and JULIA G. MCDILDA CUMBERLAND County CCP, No. CIVIL-08-7000 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 yours, L ence T. Phelan, Esquire V 'r cis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire 40 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-111, Andrew C. Bramblett, Esquire Enclosure cc: MANUEL M. MCDILDA A/K/A MANUEL MCDILDA JULIA G. MCDILDA OF THE v ; Y 28 ; , , ; „; y f AUG 2 8 2009 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. S/B/M TO ABN AMRO Court of Common Pleas MORTGAGE GROUP, INC. Plaintiff Civil Division V. CUMBERLAND County MANUEL M. MCDILDA No. CIVIL-08-7000 A/K/A MANUEL MCDILDA JULIA G. MCDILDA Defendants ORDER AND NOW, this 3,'R _day of b !f' , 2009 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 $92,017.50 Interest Through September 2, 2009 $11,101.86 Per Diem $21.43 Late Charges $621.28 Legal fees $1,325.00 Cost of Suit and Title $1,261.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $510.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance 186353 l Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit $0.00 ($0.00) $2,871.96 TOTAL $109,709.10 Plus interest from September 2, 2009 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT J. Mic ele M. Bradford, Esq., Id. No. 69849 "-" Hallinan & Schmieg, LLP K 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 ANUEL M. MCDILDA A/K/A MANUEL MCDILDA 1425 APPLE DRIVE APARTMENT 133 M HANICSBURG, PA 17055-3931 ANUEL M. MCDILDA A/K/A MANUEL MCDILDA JULIA G. MCDILDA 1109 LOUISA LANE MECHANICSBURG, PA 17050 4 ANUEL M. MCDILDA A MANUEL MCDILDA JULIA G. MCDILDA 745 PANZA DRIVE MECHANICSBURG, PA 17050-2545 186353 ,r OF TI'-'' 2049 A G 31 PH :': S 8 pE''r''j 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 thO Sheriff's Deed in which FEDERAL HOME LOAN MTG CORP is the grantee the same having been sod to said grantee on the 2ND day of SEPT A.D., 2009, under and by virtue of a writ Execution issued onlthe 31 ST day of MARCH, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Teem, 2008 Number 7000, at the suit of CITIMORTGAGE INC SMB TO ABN AMRO MTG GROUP INC against MANUEL M MCDELDA AKA MANUEL MCDILDA & JULIE G MCDILDA is duly redorded as Instrument Number 200933429. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this r2 day of A.D. ?C Recorder of Deeds C{ky a?anr?ai an EAPMA N Fw* k{ oe ia• ?. 01 r ?,1en. 2010 Sheriffs Office of Cumberland County PLC- , t? tn? R Thomas Kline nr Y Sheri T Ronny R Anderson =1' j '! J Chief Deputy Jody S Smith Civil Process Sergeant OFFICE .1F ."E srEF'FF Edward t Schorpp Solicitor CITIMORTGAGE, Inc., S/B/M to ABN AMRO Case Number vs. 2008-7000 Manuel M McDilda SHERIFF'S RETURN OF SERVICE 06/20/009 11:35 AM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on Juen 20 2009 at 1135 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 Manuel M. McDilda and Julia G. McDilda, located at, 745 Panza Drive, Mechanicsburg, Cumberland County, Pennsylvania according to law. 06/20/009 10:50 AM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on June 20 2009 at 1050 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: Julia G. McDilda, by making known unto, Barry Kenee, adult in charge, at, 1109 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same, 07/01/009 10:11 AM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on 7/1/09 a 1010 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: Manuel M. McDilda, by making known unto, Manuel M. McDilda, personally, at, 1425 Apple Drive, Apartment 133, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 09/03/009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 2, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $ 1.00 to Attorney Daniel Schmieg, on behalf of, Federal Home Loan Mortgage Corporation, of, 5000 Plano Parkway, Carrollton, TX, 75010, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 1605.19 SHERIFF COST: $1,305.19 ? .1,010616 9 191- Septenber 08, 2009 SO ANSWERS, R THOMAS KLIN , SHERIFF Sv i- L Ck- `7 j &7 LA /[-C. L 31- PX '- CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTQAGE GROUP, INC. Plaintiff, V. MANUEL M. MCDILDA A/K/A MANUEL MCDILDA JULIA G. MCDILDA Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-08-7000 AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,745 PANZA DRIVE, MECHANICSBURG, PA 17050-2545. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MANUEL M. MCDILDA 1425 APPLE DRIVE, APT. 133 AIK/A MANUEL MCDILDA MECHANICSBURG, PA 17055 JULIA G. MCDILDA 1109 LOUISA LANE MECHANICSBURG, PA 17050 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY 3453 SIMPSON FERRY ROAD CAMP HILL, PA 17011 25 GATEWAY DRIVE, SUITE 107 MECHANICSBURG, PA 17055 BENEFICIAL CONSUMER DISCOUNT 4910 CARLISLE PIKE, SUITE 104 'COMPANY, DBA, BENEFICIAL MECHANICSBURG, PA 17050 MORTGAGE COMPANY OF PENNSYLVANIA 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 745 PANZA DRIVE MECHANICSBURG, PA 17050-2545 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. March 27. 2009 DATE f)0-U-a0,- 2Lk , DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff 4 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff, V. MANUEL M. MCDILDA A/K/A MANUEL MCDILDA JULIA G. MCDILDA Defendant(s). TO: MANUEL M. MCDILDA A/K/A MANUEL MCDILDA 1425 APPLE DRIVE, APT. 133 MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No. CIVIL-08-7000 March 27, 2009 JULIA G. MCDILDA 1109 LOUISA LANE MECHANICSBURG, PA 17050 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINSTPROPERTY. ** Your house (real estate) at, 745 PANZA DRIVE, MECHANICSBURG, PA 17050-2545, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 2, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $101,911.39 obtained by CITIMORTGAGE INC. SB/M TO ABN AMRO MORTGAGE GROUP INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION All THAT CERTAIN lot or piece of ground with improvements thereon erected situate in Hampden Town hip, Cumberland County, Pennsylvania, bounded and described in accordance with a survey made by Michael C. D'Angelo, registered surveyor, dated April 26, 1979, as follows to wit: BEG ING at a point, said point being formed by the intersection of the centerline of Sears Run Road ith the centerline of Panza Drive (a 12 foot wide private road); thence in and along the center ine of Panza Drive (12 foot wide private road), North 49 degrees 24 minutes 40 seconds West a dist nee of 151.40 feet to a point; thence in and along the same, North 18 degrees 02 minutes 40 secon s West, a distance of 560.04 feet to a point; thence in and along the same, North 35 degrees 56 mi utes East, a distance of 65.91 feet to a point; thence in and along the same, North 73 degrees 23 mi utes 38 seconds East, a distance of 199.60 feet to a point in Panza Drive, the point and place of BE INNING; thence leaving aforesaid Panza Drive (12 foot wide private road) and running along ands now or late of Robert R. Mumma, North 8 degrees 35 minutes 11 seconds West, a distane of 123.88 feet to a point; thence along lands now or formerly of Trayer, North 79 degrees 3 minutes 26 seconds East, a distance of 199.67 feet to a point; thence along lands now or formerly of Barry G. Cline, South 8 degrees 45 minutes 45 seconds East, a distance of 120.0 feet to a point in Panza Drive (12 foot wide private road); thence in and along the same, South 79 degrees 23 minutes West distance of 152.55 feet to a point; thence continuing in and along the same, South 73 degrees 23 mi utes 38 seconds West, a distance of 47.89 feet to a point, the place and point of BEGINNING. HAVING thereon erected a dwelling. CON' AIN1NG 23,970.41 square feet. TOG THER with the right to use the said 12 feet wide private road for the purpose of ingress, egress and regress to and from the lot of land hereinbefore described in common with the said Harry G. Gill and Robert R. Mumma, and their heirs and assigns, and subject to the use of the portion of said 1 feet wide road laid out or proposed to be laid out, over the lands herein conveyed as herei efore set forth, by the said Harry G. Gill and Robert R. Mumma, herein, and their heirs and assign , and subject further to the stipulation and covenant that the grantees herein, their heirs and assign , shall maintain that portion of said 12 feet wide private road on which the land herein cone ed abuts at their own cost so long as said road shall not be extended beyond the line of said lands, and, in the event that said lot shall be extended beyond the line of said land as proposed, the grantees, their heirs and assigns, shall pay their just and proportionate share of the costs of maint ininR said road. TITL TO SAID PREMISES IS VESTED IN Manuel M. McDilda and Julia G. McDilda, his wife, by De d from Harold V. Hanson, single man, dated 09/07/1988, recorded 09/09/1988 in Book 33-0, Page ;13. PRENV ISES BEING: 745 PANZA DRIVE, MECHANICSBURG, PA 17050-2545 1 PAR9EL N0. 10-18-1314-003 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-7000 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC., Plaintiff (s) From MANUEL M. MCDILDA A/K/A MANUEL MCDILDA AND JULIA G. MCDILDA (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 $101,911.39 L.L. $.50 Interest FROM 2/26/2009 - 09/02/2009 - (PER DIEM - $16.75) - $3,165.75 AND COSTS Atty's Comm % Due Prothy $2.00 Atty Paid $239.30 Other Costs Plaintiff Paid Date: MARCH 31, 2009 C s R. Lon o (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # On May 5, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as, 745 Panza Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 5, 2009 B: Real Estate oordinator ,N?? PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA . ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 24, July 31 and August 7, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. r Marie Covnd. Editor SWORN TO AND SUBSCRIBED before me this 7 da of Au st 2009 Notary F TARIAL SEAL RAH A COLLINS tary Public , CUMBERLAND COUNTY n Expires Apr 28, 2010 REAL. ESTATE SALE NO. 62 Writ No. 2008-7000 Civil Citimortgage, Inc., s/b/m to ABN AMRO Mortgage Group, Inc. vs. Manuel M. McDilda a/k/a Manuel McDilda, Julia G. McDilda Atty.: Daniel Schmieg LEGAL DESCRIPTION All THAT CERTAIN lot or piece of ground with improvements thereon erected situate in Hampden Town- ship, Cumberland County, Penn- sylvania, bounded and described in accordance with a survey made by Michael C. D'Angelo, registered surveyor, dated April 26, 1979, as follows to wit: BEGINNING at a point, said point centerline being formed the ors Run Dyed with the c;cr tal ne of Panza Drive (a 12 feet ankle private road; type m and a ng t c entet a of 1'MU Niee (12 ec private road), North 49 degrees 24 minutes 40 seconds West a distance of 151.40 feet to a point; thence in and along the same, North 18 degrees 02 minutes 40 seconds West, a distance of 560.04 feet to a point; thence in and along the same, North 35 degrees 56 minutes East, a distance of 65.91 feet to a point; thence in and along the same, North 73 degrees 23 minutes 38 seconds East, a distance of 199.60 feet to a point in Panza Drive, the point and place of BEGINNING; thence leaving aforesaid Panza Drive (12 foot wide private road) and running along lands now or late of Robert R. Mum- ma, North 8 degrees 35 minutes 11 seconds West, a distance of 123.88 feet to a point; thence along lands now or formerly of Trayer, North 79 degrees 3 minutes 26 seconds East, a distance of 199.67 feet to a point; thence along lands now or formerly of Barry G. Cline, South 8 degrees 45 minutes 45 seconds East, a distance of 120.0 feet to a point in Panza Drive (12 foot wide private road); thence in and along the same, South 79 degrees 23 minutes West a distance of 152.55 feet to a point; thence continuing in and along the same, South 73 degrees 23 minutes 38 seconds West, a distance of 47.89 feet to a point, the place and point of BEGiNNING. HAVING thereon erecter a awe,,_ ing• CONTAINING 23,970.41 square feet. TOGETHER with the right the said 12 feet wide privatoad for the purpose of ingress, egress and regress to and from the lot of land h With ereinbefore described in common ert R. Mum Harry G. Gill and Rob- a, and and subject to heirs and the portion of said 12 feet?e use of laid out or proposed to be laid ou t over the lands herein conveyedas Ham G?? d f°1? by u said Robert R. Mumma, herein, and their heirs and ad s subject further to the , er and covenant that the rnna retain that c?s and assigns, shall 12 feet wide private road Portion Of n which said the land herein conveyed abuts at their own cost so long as said road shall not be extended beyond the line lands and, in of said the event that said lot shall be extended beyond the line of said land as proposed, the grantees, their heirs and assigns, shall pay theiriust and proportionate share of the costs of m. aultainin said road. TITLE TO SAID PREMISES VESTED IN Manuel M. McDilda da and from HarMcDiilda, his wife, by Deed dated Harold Hanson' single man, 09/1988 /07/1988, recorded 09/ PREMIS So BEING Page 213. DRIVE, MECHANICSBURG PA 17050-2545 PARCEL NO. PA 1314-003. 10-18- The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE 14e Patriot News Now you know CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly swom according to law, deposes and says: Th t 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 newspaper 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 b n 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/o Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested i the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/24/09 07/31/09 08/07/09 ??( . .. . . .......... Sworn to subscribed before/??is ??de /ofAugust, 2009 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L Kisner, Notary Public City Of Harrisburg; pinCour ty mycomrrmlon Expi Member, Pennsylvania Association of Notaries Sale No. 62 Sale No. 2008-7000 Civil Term CITIMORTGAGE, Inc., S/B/M to ABN AMRO Mortgage Group, Inc vs. Manuel M MCDlida a/k/a Manuel McDilda Julia G MaDlida Atty: Daniel Schmleg LEGAL DESCRIPTION All THAT CERTAIN lot or piece of ground with improvements thereon erected situate in Hampden Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey made by Michael C. D'Angelo, registered surveyor, dated April 26, 1979, as follows to wit; BEGINNING at a point, said point being formed by the intersection of the centerline of Sears Run Road with the centerline of Panza Drive (a 12 foot wide private road); thence in and along the centerline of Panza Drive (12 foot wide private road), North 49 degrees 24 minutes 40 seconds West a distance of 151.40 feet to a point; thence in and along the same, North 18 degrees 02 minutes 40 seconds West, a distance of 560.04 feet to a point; thence in and along the same, North 35 degrees 56 minutes East, a distance of 65.91 feet to a point; thence in and along the same, North 73 degrees 23 minutes 38 seconds East, a distance of 199.60 feet to a point in Panza Drive, the point and place of BEGINNING; thence leaving aforesaid Panza Drive (12 foot wide private road) and running along lands now or late of Robert R. Mumma, North 8 degrees 35 minutes 11 seconds West, a distance of 123.88 feet to a point; thence along lands now or formerly of.Ttayer, North 79 degrees 3 minutes 26 seconds East, a distance of 199.67 feet to a point; thence along lands now or formerly of Barry G. Cline, South 8 degrees 45 minutes 45 seconds East, a distance of 120.0 feet to a point in Panza Drive (12 foot wide private road); thence in and along the same, South 79 degrees 23 minutes West a distance of 152.55 feet to a point; thence continuing in and along the same, 5 uth 73 degrees 23 minutes 38 seconds West, a d9tance of 47.89 feet to a point, the place and point of BEGiNNING. HAVING thereon erected a dwelling. CONTAINING 23,970.41 square feet. TOGETHER with the right to use the said 12 feet wide private road for the purpose of ingress, egress and regress to and from the lot o. land hereinbefore described in common with the said Harry G. Gill and Robert R. Mumma, and their heirs and assigns, and subject to the use of the portion of said 12 feet wide road laid r;.t or proposed to be laid out, over the lands herein conveyed as hereinbefore set forfh, by the said Harry G. Gill and Robert R. Mumma, herein, and their heirs and assigns, and subject further to the stipulation and covenant that the grantees herein, their heirs and assigns, shall maintain that portion of said 12 feet wide private road on which the land herein conveyed abuts at their own cost so long as said road shall not be extended beyond the line of said lands, and, in the event that said lot shall be extended beyond the line of said land as proposed, the grantees, their heirs and assigns, shall pay their just and proportionate share of the costs of maintaining said road. TITLE TO SAID PREMISES IS VESTED IN Manuel M. McDilda and Julia G. McDilda, his wife, by Deed from Harold V. Hanson, single man, dated 09/07/1988, recorded 09/09/1988 in Book 33-0, Page 213. PREMISES BEING: 745 PANZA DRIVE, MECHANICSBURG, PA 17050-2545 PARCEL ..,, , n 'Q 1714-003