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Home My WebLink About09-1933Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 200566 ATTORNEY FOR PLAINTIFF CITIMORTGAGE, INC. COURT OF COMMON PLEAS 5280 CORPORATE DRIVE MS1011 CIVIL DIVISION FREDERICK, MD 21703 TERM Plaintiff 14 3 3 09 V No. - ?L . CUMBERLAND COUNTY LISA DEARDORFF JAMES DEARDORFF 507 JESRUSALEM SCHOOL ROAD MOUNT WOLF, PA 17347 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 200566 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 #: 200566 1. Plaintiff is CITIMORTGAGE, INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 2. The name(s) and last known address(es) of the Defendant(s) are: LISA DEARDORFF JAMES DEARDORFF 507 JESRUSALEM SCHOOL ROAD MOUNT WOLF, PA 17347 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/30/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR CITIMORTGAGE, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200746664. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2008 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 #: 200566 6. 7 8 The following amounts are due on the mortgage: Principal Balance $142,988.32 Interest $5,980.23 09/01/2008 through 03/26/2009 (Per Diem $28.89) Attorney's Fees $1,325.00 Cumulative Late Charges $248.60 11/30/2007 to 03/26/2009 Mortgage Insurance Premium / $216.00 Private Mortgage Insurance Cost of Suit and Title Search 750.00 Subtotal $151,508.15 Escrow Credit $0.00 Deficit $566.79 Subtotal 566.79 TOTAL $152,074.94 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 #: 200566 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 $152,074.94, together with interest from 03/26/2009 at the rate of $28.89 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan Es uire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Attorneys for Plaintiff File #: 200566 LEGAL DESCRIPTION ALL that certain lot of land, with the buildings and improvements thereon erected, situate in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey by Michael D'Angelo, R.S., dated November 16, 1977, as follows, to wit: BEGINNING at a point at an iron pin on the Northerly line of Willow Mill Park Road (T-600), said point being 50 feet in a Westerly direction from the Eastern right-of-way line of Township Road (T-610); said point also being tat the dividing line between Lots Nos. 1 and 2 on the hereinafter mentioned Plan of Lots; thence along the Northerly line of Willow Mill Park Road, south 53 degrees 19 minutes 30 seconds West, 50 feet to a point; thence by the Easterly line of Lot No. 3 on the hereinafter mentioned Plan of Lots, North 37 degrees 45 minutes Wet, 141 feet to a point at the water line of the Condoguinet Creek; thence by said line of the Condoguinet Creek, North 53 degrees 19 minutes 30 seconds West, 50 feet to a point on the Westerly line of Lot No. 1 of the hereinafter mentioned Plan of Lots; thence by the said line of Lot No. 1, South 37 degrees 45 minutes East, 141 feet to the point on the Northerly line of Willow Mill Park Road (T-600), the point and place of BEGINNING. BEING Lot No. 2 on the Plan of Cottages known as Willow Mill Park and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 2, page 103. HAVING THEREON ERECTED a dwelling known and numbered as 112 Willow Mill Park Road, Mechanicsburg, Pennsylvania. File #: 200566 UNDER and subject to any and all covenants, conditions, reservations, restrictions, limitations, right-of-ways, objections, easements, agreements, etc., as they appear of record. Parcel #38-16-1070-024 PROPERTY BEING: 112 WILLOW MILL PARK ROAD File #: 200566 VERIFICATION I hereby state 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. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. Air Attorney for Plainti C? DATE: e c°? File #: 200566 ? M W F71 ".may d ro Sheriffs Office of Cumberland County R Thomas Kline 46-0,tr ct''urnb"t44--0 Edward L Schorpp Sheri Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFICE r1Y 7"E4 4 -ERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/30/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Lisa Deardorff, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of York County, PA to serve the within Complaint in Mortgage Foreclosure and Notice according to law. 03/30/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: James Deardorff, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, PA to serve the within Complaint in Mortgage Foreclosure and Notice according to law. 03/31/2009 07:30 PM - R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: James Deardorff, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant James Deardorff. A possible address for the defendant is 507 Jerusalem School Road Mount Wolf, York County, Pennsylvania 17347. 03/31/2009 07:30 PM - R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Lisa Deardorff, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Lisa Deardorff. A possible address for the defendant is 507 Jerusalem School Road Mount Wolf, York County, Pennsylvania 17347. 04/03/2009 York County Return: And now April 3, 2009 I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Lisa Deardorff by making known unto James Deardorff, husband of defendant at 507 Jerusalem School Road Mount Wolf, York County, Pennsylvania 17347 its contents and at the same time handing to him personally the said true and correct copy of the same. 04/03/2009 York County Return: And now April 3, 2009 I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: James Deardorff by making known unto himself personally, defendant at 507 Jerusalem School Road Mount Wolf, York County, Pennsylvania 17347 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $74.00 April 24, 20092009-1933 Citimortgage, Inc. VS SO ANSWERS, R THOMAS KLINE, SHERIFF Lisa Deardorff FiLE?-:r??=??;F OF THE Fr " 1,'?'' «+?-v 2009 APR 28 AM : 17 CUM: aJiNTY P-h 1 OF 2 COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 l SERVICE CALL (717) 771-%01 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN TFWT1IR E TYPE OMY LM 1 TF ! 12 DO NOT CILMACH MY COPItS 2 COURT NUMBER 1 PLAINTIFF/S/ CITIMORTGAGE, INC. 3 DEFENDANTISI LISA & JAMES DEARDORFF 4. TYPE OF WRIT OR COMPLAINtIMF, NOTICE MORTGAGE FORECLOSURE SERVE S. NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD LISA DEARDORFF 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO, CITY, BORO. TWP. STATE AND ZIP CODE) AT 507 JESRUSALEM SCHOOL ROAD MOUNT WOLF PA 17347 7. INDICATES RVICE: O PE SONAL U PERSON IN CHARGE U DEPUTIZE U SS MAIL U POSTED -I OTHER NOW 20 I, SHERIFF O O "`` hereby de Autq&the sheriff of COUNTY to execut ?)Rur ccording to law. This deputization being made at the request and risk of the plaintiff., SHERIFF OF YORK COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE. = 0IF Co CUMBERLAND ** ATTEMPT SERVICE AT LEAST 3 TIMES AND 1 TIME AFTER 6PM. ** ADV FEE PAID BY ATY. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before shenfrs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SLro1KUR /i h 10. TELEPHONE NUMBER 11 DATE FILED 1617JFH. BLVD. STE. 1400 Uy-'S V ` 7 ) 4.I 14 e) 1215-563-70001 03/26/09 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must b completed notice is to be mailed). 3-27-09 PHELAN HALLINAN & SCHKIEG, LLP CUMBERLAND CC SHERIFF 1617 JFR. BLVD. STE. 1400t_PHILADFLPHIA PA 19103 SPACE BELOW FOR USE OF TW S1 F 00 tit YAM 91111 nW THIS RII 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. MJ MCGILL CYSO 3-31-09 4-2'6-,2009 16. HOW SERVED: PERSONAL ( ) RESIDENCE ( POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. O 1 hereby certify and return a NOT FOUND because am unable to locate the individual, company, etc named above. (See remarks below.) 23. Advance Costs 24. Service Costs 25 N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30 Notary 31 Surctg. 32. 7d. Costs 33 Costs Due R Check No $100.00 . p f • 7 -2 34. Foreign County Costs 35. Advance Costs 36 Service Costs 37 Notary Celt. 38. Mileage/PoslaWNot Found 39. Total Costs 40 Costs Due or Refund 21St 41 i AFFIRMED nd d t b b SO ANSWERS . su scr a o a me pu r?ae ? f Iky ' a- *°u'S ? _ 44. s i1 i q 4 E 42. day o Dep. Sherd f O( f SE?,rltl11I4Y ! NOTAR 46. Signature of York 47 TE L' I C T.S. R 7-UBLIC County Sher* .:UNTY KBI EB . S ER FF RICHARD P. 4-21-2009 c,X ,riGSA1JG. 12, 2009 48 Signature of Foreign 49 DATE County Shenrt ,U. I AIiRNUY11L1tUW1= KtIaIY I UP- 1 Kt SKtK11 1- J Kt I UKN bila A 1 UKt ` 51 DATt RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE f 1. WHITE - tssusmg Authority 2. PINK - Attorney 3. CANARY - Sheriff's Office 4. BLUE - Sherdrs Office V Wd IC UUW p JAWHS' 3H a J0 X01 J0 03A13018 COUNTY OF YORK 2 OF 2 OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 SERVICE CALL. (717) 771-9601 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 1 PLAINTIFF/S/ - CITIMORTGAGE, INC. PE,ASIE TYKE E1WY LO& 1 THM 12 DO NOT MTA04 AM COMM 3. DEFENDANTISI DEARDORFF 2 COURT NUMBER 09-1933 4. TYPE OF WRIT OR COMPLAINTCIMF, NOTICE MORTGAGE FORECLOSURE SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD JAMES DEARDORFF 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO, CITY, BORO, TWP, STATE AND ZIP CODE) AT 507 JESRUSALE14 SCHOOL ROAD, MOUNT WOLF, PA 17347 7. INDICATES RVICE O PER ONAL U PERSON IN CHARG U DEPUTIZE inflh IL 1 T C S MAIL U POSTED U OTHER NOW 20 U'l 1, SHERIFF OF U o hpreby deputize the sheriff of COUNTY to execute this krer ding to law. This deputization being made at the request and risk of the plaintiff., SHERIFF OF YORK C NTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE 0m (W CUI WIff" CO. ** ATTEMPT SERVICE AT LEAST 3 TIMES AND 1 TIME APM 6PM'. ** ADV FEE PAID BY ATTY. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same wMxxn a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss. destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY !ORIGINATOR and t?ZWM 10. TELEPHONE NUMBER 11 DATE FILED 1 0 3M?o 215-563-7000 03/26/09 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) 3-27-09 PHELAN HALLINAN & SCHMIEG, LLP CUMBERLAND CO SHERIFF 1617 JFK, BLVD. STE. 1400 PHILADELPHIA PA 19103 SPACE 13MOW FOR USE OF TW _ *WWT - 00 NOT WIM MAW TM LW 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date or congmlahtt as hmd"Wil above. MJ MCGILL YCSO 3-31-2009 4-26--09 16. HOW SERVED: PERSONAL ) RESIDENCE ( ) POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER ( ) SEE REMARKS BELOW 17. O 1 hereby cerby and return a T FOUND because t am unable to locate the individual, company, etc named above. (See remarks below.) 18. AND TITLE DIVIDUAL ER tST ADDRESS HERE IF NOT SHOWN ABOVE (Retatiship to Defendant) 19. [LatepfService 20 Time of Service arrrr C4, rc(a ?,?,c d d q S'? M 21 TTEMPTS D"e Time Miles A Date Ti4 Miles Int Date Time Miles IM. Date Time Miles Int. Dale Time Int. Date Time Mils Int. 23. Advance Costs 24 Service Costs 25. N/F 26. Mileage 27. Postage 28. Sub Total 29. Pound 30. Notary 31. Surchg. 32 Tot. Costs 33 Costs Due or Refund Check No 34. Foreign County Casts 35. Advance Costs 36 Service Costs 37. Notary Cert. 36. MiteagefPostagdNot Found 39 Total Costs 40 Costs Due or Refund 41. AFFIRMED and subscribed to a me this 1SL tea, ....a M* 44. Signature of A 42. day or ! Ai?1F? De -'1 4 3 p. Sheriff f ter' vt ,! 46. Signntyature of 47. ATE i « J, > Hs PUBLIC RICHARD P. K S OF 4-21-2009 C,i, _ vi,F:._;IvTY 1 V. ^ r t. ` r, ;..2, 2009 48. Signature of Foreign 49 DATE County Sheriff 50. 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE 51. DATE RECEIVED OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issu" Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sheriffs Office old x KA. Wd TC Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Plaintiff VS. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION : NO. 09-1933-CIVIL LISA DEARDORFF CUMBERLAND COUNTY JAMES DEARDORFF Defendant(s) , PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE PHS #: 200566 TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan By: Lawrence T. Phelan, Esq 're Francis S. Hallinan, Esquire 'Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Date: 04-30-09 PHS #: 200566 VERIFICATION Kim Krakoviak hereby states that he/she is Vice President of CITIMORTGAGE, INC., servicing agent for plaintiff, CITIMORTGAGE, INC., in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. ?? "it Kim oviak, Vi ident DATE: March 27.2009 Company: CITIMORTGAGE, INC. Loan: 2004901686 File #: 200566 FILE D-0` l"F 2009 MA l -4 PM 1: 31 JE.IIYl'.? , 1 k t f Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 ?f shua I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 Attorney for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. VS. LISA DEARDORFF JAMES DEARDORFF : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-1933-CIVIL 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 LISA DEARDORFF and JAMES DEARDORFF, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $152,074.94 Interest - 03/27/2009 to 05/14/2009 $1.415.61 TOTAL $153,490.55 I hereby certify that (1) the Defendants' last known address is 507 JESRUSALEM SCHOOL ROAD, MOUNT WOLF, PA 17347, and (2) that notice has been given in accordance with Rule 237.1, copy attached. L enc T. Phel , Esquire ancis H ' an, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire /Joshua I. Goldman, Esquire IDAzd9)`1-+ Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 5 PHS # 200566 PROTHONOTARY Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. VS. LISA DEARDORFF JAMES DEARDORFF Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION No. 09-1933-CIVIL VERIFICATION OF NON-MILITARY SERVICE ?)5S 4UPr T, (1c,QMAr/ , 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 LISA DEARDORFF is over 18 years of age and resides at 507 JESRUSALEM SCHOOL ROAD, MOUNT WOLF, PA 17347. (c) that defendant JAMES DEARDORFF is over 18 years of age and resides at 507 JESRUSALEM SCHOOL ROAD, MOUNT WOLF, PA 17347. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. L e e T. P an, Esquire ranci S. H an, Esquire Daniel chmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire /Joshua I. Goldman, Esquire 1042P 4fl Attorney for Plaintiff PRELAN 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 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 561-7000 CITIMORTGAGE, INC. v Plaintiff LISA DEARDORFF JAMES DEARDORFF Defendant(s) TO: LISA DEARDORFF 112 WILLOW MILL PARK ROAD, MECHANICSBURG, PA 17050-1761 DATE OF NOTICE: April 27, 2009 COURT OF COMMON PLEAS CIVIL DIVISON NO. 09-1933-CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 A'J AXINO %) Assistant PHS # 200566 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) 561-7000 CITIMORTGAGE, INC. v Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. 09-1933-CIVIL LISA DEARDORFF JAMES DEARDORFF Defendant(s) TO: LISA DEARDORFF 507 JESRUSALEM SCHOOL ROAD MOUNT WOLF, PA 17347 DATE OF NOTICE: April 27, 2009 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 tHAINEY Legal Assistant PHS # 200566 PRELAN 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. v Plaintiff LISA DEARDORFF JAMES DEARDORFF Defendant(s) TO: JAMES DEARDORFF 507 JESRUSALEM SCHOOL ROAD MOUNT WOLF, PA 17347 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. 09-1933-CIVIL CUMBERLAND COUNTY DATE OF NOTICE: April 27, 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 L Y HAINEY Legal Assistant ?y PHS # 200566 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 (7) 561-7000 CITIMORTGAGE, INC. v Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. 09-1933-CIVIL LISA DEARDORFF JAMES DEARDORFF Defendant(s) TO: JAMES DEARDORFF 112 WILLOW MILL PARK ROAD, MECHANICSBURG, PA 17050-1761 DATE OF NOTICE: April 27, 2009 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 IL Y gal Assistant PHS # 200566 RED T? 6 THE 2009Vi ,,I1' f.5- is l I`' 0L C Lr '," . s v I I' 7' J Yi ki 414. oo PO A'+'tq 'o $1C33`I MV S (PSI (Rule of Civil Procedure No. 236) - Revised CITIMORTGAGE, INC. VS. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS LISA DEARDORFF JAMES DEARDORFF 507 JESRUSALEM SCHOOL ROAD MOUNT WOLF, PA 17347 : CIVIL DIVISION No. 09-1933-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on _ a&l By: DEPUTY If you have any questions concerning this matter p ase contact: La enc T. Ph , Esquire Francis S. man, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenne R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire ,"Joshua I. Goldman, Esquire I u #1 ZOW-11 Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 "THIS THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE INBANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~~~ti~tis~ ni ~auutxr~r~~~~ =~~~r ~ ~xi€~ Citimortgage, Inc vs. Lisa Deardorff (et al.) SHERIFF'S RETURN OF SERVICE (• .. ._ ..l i C;. , -: , I. ..«, Case Number 2009-1933 09/25/2009 11:48 AM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 9/25/09 at 1148 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 Lisa A. Deardorff and James Deardorff, located at,112 Willow Mill Park Road, Mechanicsburg, Cumberland County, Pennsylvania according to law. 10/21/2009 R. Thomas Kline, Sheriff who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Lisa Deardorff, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. 10/22/2009 York County Return and now the, 7th day of October 2009, served the within Real Estate Writ, Notice of Sale and Description upon James Deardorff, the defendant, by making known unto James Deardorff, personally, at 507 Jerusalem School Road, Mount Wolf, Pennsylvania its contents and at the same time handing to him a true and correct copy of the same. So Answers: Richard P. Keuerleber, Sheriff of York County, Pennsylvania. 10/22/2009 R. Thomas Kline, Sheriff who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: James Deardorff, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law 10/22/2009 York County Return and now the, 7th day of October 2009, served the within Real Estate Writ, Notice of Sale and Description upon Lisa Deardorff, the defendant, by making known unto James Deardorff, Husband, at 507 Jerusalem School Road, Mount Wolf, Pennsylvania its contents and at the same time handing to him a true and correct copy of the same. So Answers: Richard Keuerleber, Sheriff of York County, Pennsylvania. 12/01/2009 Property sale postponed to 3/3/2010. 03/01/2010 Property sale postponed to 4/7/2010. 04/06/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Schmieg on 4/6/10 SHERIFF COST: $968.39 SO ANSWERS, '" April 06, 2010 RON R ANDERSON, SHERIFF .~a.so?d S c K~ ~rsr78 R-~-avosy3 CITIMORTGAGE, INC. v. LISA DEARDORFF JAMES DEARDORFF Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION . N0.09-1933-CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE, INC., Plaintiff in the above.action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 112 WILLOW MILL PARK ROAD, MECHANICSBURG, PA 17050-1761 . 1. Name and address of Owner(s) or reputed Owner(s): Name LISA DEARDORFF JAMES DEARDORFF Address (if address cannot be reasonably ascertained, please indicate) 507 JERUSALEM SCHOOL ROAD MOUNT WOLF, PA 17347 507 JERUSALEM SCHOOL ROAD MOUNT WOLF, PA 17347 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 NOVASTAR MORTGAGE, INC. NOVASTAR MORTGAGE, INC C/O ROBERT W. CUSICK, ESQ. Address (if address cannot be reasonably ascertained, please indicate) 8140 WARD PARKWAY, SUITE 200 KANSAS CITY, MO 64114 PAPPAS & RICHARDSON, LLC 701 ROUTE 73, SUITE 410 MARLTON, NJ 08053 4. Name and address of last recorded holder of every mortgage of record: Name None Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name 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 maybe affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Address (if address cannot be reasonably ascertained, please indicate) 112 WILLOW MILL PARK ROAD MECHANICSBURG, PA 17050-1761 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program PO Box 2675 Harrisburg, PA 17105 6"' 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. July 22, 2009 DATE ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 [] Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ~' Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215)563-7000 - CITIMORTGAGE, INC. Plaintiff, v. LISA DEARDORFF JAMES DEARDORFF Defendant(s). CUMBERLAND COUNTY . No.09-1933-CIVIL July 22, 2009 TO: LISA DEARDORFF 507 JERUSALEM SCHOOL ROAD MOUNT WOLF, PA 17347 JAMES DEARDORFF 507 JERUSALEM SCHOOL ROAD MOUNT WOLF, PA 17347 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED ADISCHARGE IN BANKR UPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at 112 WILLOW MILL PARK ROAD, MECHANICSBURG, PA 17050-1761, is scheduled to be sold at the Sheriffs Sale on DECEMBER 9, 2009 at 10:00 A.M. m the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $153,490.55 obtained by CITIMORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price, bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 09-1933-CIVIL CITIMORTGAGE, INC. . vs. LISA DEARDORFF and JAMES DEARDORFF owner(s) of property situate in the TOWNSHIP OF SILVER SPRING, Cumberland County, Pennsylvania, being (Municipality) 112 WILLOW MILL PARK ROAD MECHANICSBURG PA 17050-1761 (Acreage or street address) Parcel No. 38-16-1070-024 Impro em nts thereon: RESIDENTIAL DWELLING ~~~ ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land, with the buildings and improvements thereon erected, situate in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey by Michael D'Angelo, R.S., dated November 16, 1977, as follows, to wit: BEGINNING at a point at an iron pin on the Northerly line of Willow Mill Park Road (T-600), said point being 50 feet in a Westerly direction from the Eastern right-of--way line of Township Road (T- 610); said point also being at the dividing line between Lots Nos. 1 and 2 on the hereinafter mentioned Plan of Lots; thence along the Northerly line of Willow Mill Park Road, south 53 degrees 19 minutes 30 seconds West, 50 feet to a point; thence by the Easterly line of Lot No. 3 on the hereinafter mentioned Plan of Lots, North 37 degrees 45 minutes West, 141 feet to a point at the water line of the Conodoguinet Creek; thence by said line of the Conodoguinet Creek, North 53 degrees 19 minutes 30 seconds West, 50 feet to a point on the Westerly line of Lot No. 1 of the hereinafter mentioned Plan of Lots; thence by the said line of Lot No. 1, South 37 degrees 45 minutes East, 141 feet to the point on the Northerly line of Willow Mill Park Road (T-600), the point and place of BEGINNING. BEING Lot No. 2 on the Plan of Cottages known as Willow Mill Park and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 2, page 103. HAVING THEREON ERECTED a dwelling known and numbered as 112 Willow Mill Park Road, Mechanicsburg, Pennsylvania. UNDER and subject to any and all covenants, conditions, reservations, restrictions, limitations, right-of--ways, objections, easements, agreements, etc., as they appear of record. TITLE TO SAID PREMISES IS VESTED IN Lisa Deardorff and James Deardorff, w/h, as tenants by the entireties, by Deed from Jodie L. Hocker, a single person, dated 11/30/2007, recorded '12/18/2007 in Instrument Number 200746663. PREMISES BEING: 112 WILLOW MILL PARK ROAD, MECHANICSBURG, PA 17050-1761 PARCEL NO. 38-16-1070-024 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALT'~I OF PENNSYLVANIA) N009-1933 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC. Plaintiff (s) From LISA DEARDORFF JAMES DEARDORFF (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 $153,490.55 L.L. $.50 Interest FROM 5/15/09 - 12/9/09 PER DIEM - $25.23 -- $5,273.07 Atty's Comm % Due Prothy $2.00 Atty Paid $193.00 Plaintiff Paid Date: 08/06/09 Other Costs urtis R. Long, ro honotary (Seal) By: Deputy REQUESTING PARTY: Name: ANDREW C. BRAMBLETT, ESQ. Address: PHELAN HALLINAN AND SCHMIEG ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTFF Telephone: 215-563-7000 Supreme Court ID No. 208375 Real Estate Sale # On August 19, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA Known and numbered as, 12 Willow Mill Park Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 19, 2009 By: ~. Real Estate Coordinator F ~' ~ ~ ~' r ~~~ r ~, ~ ~ ~ r , ~ +~\ =„ ~ ~~ r' , PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 23, October 30 and November 6, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWORN TO AND before me this - 6 day of November, 2009 -, ~, j - Notary ,.m. NUiAF~IAL SEAL GEG~~)RAi-f A COLUNS NotUr~ Public CAf'1iSL~ BORO, CUM3ERLAND COUNTY Pv,y Cc~rnmis~ion Expires Apr 28, 2010 y!.., ...e...w.-.„YViracassmwsoea Writ No. 2009-1933 Civil CITIMORTGAGE, Inc. vs. Lisa Deardorff James Deardorff Atty: Daniel Schmieg ALL THAT CERTAIN lot of land, with the buildings and improve- ments thereon erected, situate in Silver Spring Township, Cumberland County, Pennsylvania, more par- ticularly bounded and described in accordance with a survey by Michael DAngelo, R.S., dated November 16, 1977, as follows, to wit: BEGINNING at a point at an iron pin on the Northerly line of Willow Mill Park Road (T-600), said point being 50 feet in a Westerly direc- tion from the Eastern right-of-way line of Township Road (T 610); said point also being at the dividing line between Lots Nos. 1 and 2 on the hereinafter mentioned Plan of Lots; thence along the Northerly line of Willow Mill Park Road, south 53 degrees 19 minutes 30 seconds West, 50 feet to a point; thence by the Easterly line of Lot No. 3 on the hereinafter mentioned Plan of Lots, North 37 degrees 45 minutes West, 141 feet to a point at the water line of the Conodoguinet Creek; thence by said line of the Conodoguinet Creek, North 53 degrees 19 minutes 30 seconds West, 50 feet to a point on the Westerly line of Lot No. 1 of the hereinafter mentioned Plan of Lots; thence by the said line of Lot No. 1, South 37 degrees 45 minutes East, 141 feet to the point on the Northerly line of Willow Mill Park Road (T-600), the point and place of BEGINNING. BEING Lot No. 2 on the Plan of Cottages known as Willow Mill Park and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 2, page 103. HAVING THEREON ERECTED a dwelling known and numbered as 112 Willow Mill Park Road, Mechan- icsburg, Pennsylvania. UNDER and subject to any and all covenants, conditions, reser- vations, restrictions, limitations, right-of-ways, objections, easements, agreements, etc., as they appear of record. TITLE TO SAID PREMISES IS VESTED IN Lisa Deardorff and James Deardorff, w/h, as tenants by the entireties, by Deed from Jodie L. Hocker, a single person, dated 11/ 30/2007, recorded 12/ 18/2007 in Instrument Number 200746663. PREMISES BEING: 112 WILLOW MILL PARK ROAD, MECHANICS- BURG, PA 17050-1761. PARCEL NO. 38-16-1070-024. _ , ~. ~ The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 _ Inquiries - 717-255-8213 ~he~latriot News NOw you know CUMBERLAND CO. SHERIFFS OFFICE 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 Leslie Kramer, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/23/09 10/30/09 L..; ~ „~ ~~ Svlorn to and subscribed before_rrie this .'~6 day of November, 2009 A. D. r Notary Public ~"~r~ COMARONWEAITH OF~°-PF~ YLVANlA '~"~+~' t. KiS~r ~~I Seal Nc% ~tY Publta ~MC+Yy Of' d~x7frj31)4f`~, i.39Uphlry Cor.;nty ~~1tts-.lpn ~'tAtres Nov. 26, 2011 ~®mb~r, ~''~n~~Ytvanlm As~dolatEort of Notaries 11 /06/09 Writ No. 2009-1933 C1vliTfarm CITIMORTGAGiE, inc. Vs Llsa DeArdotif James Deardorff Attys. Danlel Schmle~ ALL THAT CERTAIN lot of land, .with the buildings. and improvements thereon erected, 'situate in Silver Spring Township; Cumberland County, Pennsylvania, more particulazly bounded and described in accordance with a survey by Miehael DAngelo, R.S., dated November 16,1977, as follows, to wit, BEGINNING at a point at an iron pin on the Northerly line of Willow Mill Park Road (T- 600), said point being 50 feet in a Westerly direction from the Eastern right-of--way line of Township Road (T 610); said point also being at the dividing line between Lots Nos. 1 and 2 on the hereinafter mentioned Plan of Lots; thence along the Northerly line of Willow Mill Pazk Road, south:53 degrees 19 minutes 30 seconds West, 50 feet to a point; thence by the Easterly line of Lot No. 3 on the •hereinaftet mentioned Plan of Lots, North 37 degrees 45 minutes West, 141 feet to a paint of the water line of the Conodoguinet Creek; thence by said line of the Conodoganet Creek; North 53 degrees 19 minutes 30 seconds West, 50 feet to a point on the Westerly line of Lot No. 1 of the hereinafter mentioned. Plan of Lots; thence by the said tine of Lot No. 1, South 37 degrees 45 minutes East, 141 feet to the point on the Northerly line of Willow Mill Park Road (1'-G00); the point and place oFBEGIlVNING. BEING Lot No. 2 on .the Plan of Cottages known as Willow Mill Pack and reporded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 2, page 103. HAYING'THEREON ERECTED a dwelling known and numbered as 112 Willow Mill Park Road, Mechanicsburg, Pennsylvania. TINDER and sabject to any and all covenants, conditions, reservations, restrictions, limitations, right-of-ways, objecfions,' 'easements, agreements, etc., as they appeaz pf record. TITLE Tt) SAID PREMISES IS VESTED IN Lisa Deardorff and James Deardorff, wPo, as tenants by the entireties, by Deed from Jodie L. Hocker, a single person, .dated 11/30!2007, recorded 12/18/2007 in Instrument Number 200746663. PREMLSE$ BEING: 112 WILLOW MICL PARK ROAD, MECHAMCSBUkG, PA 17050•- 1761 PARCELNO, 38-16-1070.024 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 09-1933 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC., Plaintiff (s) From LISA DEARDORFF, JAMES DEARDORFF (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: $153,490.55 L.L.: Interest FROM 5/15/2009 TO DATE OF SALE ($25.23 PER DIEM) - $30,528.30 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $1,201.39 Other Costs: Plaintiff Paid: Date: 4/12/12 .-- David D. Buell, Prothonota (Seal) Deputy R_-EQUESTING PARTY: Name: LAUREN R. TABAS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 93337 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CITIMORTGAGE, INC. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION v LISA DEARDORFF JAMES DEARDORFF Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 05/15/2009 to Date of Sale ($25.23 per diem) TOTAL NO.: 09-1933 CIVIL TERM CUMBERLAND COUNTY $153,490.55 $30,528.30 t =CD Note: Please attach description of property. PHS # 200566 -S) OY4 Cj OL th? -7y, oo c6? OI&?, 3q a/l s-. sa 1 c/. o0 If /f ti V. oo It Y. ao b 4a•as'?Oe6. ck 8 Ins8a2 ?2#4 -7y9 Lauren R. Tabas, Esq., Id. No.93337 Attorney for Plaintiff P4 ccE O M O M d O `? O 3 ??3 Q?3 Qcn w cn V) ww? ¢ a W O? W ? az oa O? U OOU O? U W F-?7 U U V H? Oa r? U ? a? Oy A ? A?Q ?w r7 ? O U 'w V ?w a? o? a? dU " a a f,,] M a M pp O ?z U ~ ?w a ? a w c, '~ o LEGAL DESCRIPTION ALL that certain lot of land, with the buildings and improvements thereon erected, situate in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey by Michael D'Angelo, R.S., dated November 16, 1977, as follows, to wit: BEGINNING at a point at an iron pin on the Northerly line of Willow Mill Park Road (T-600), said point being 50 feet in a Westerly direction from the Eastern right-of-way line of Township Road (T-610); said point also being at the dividing line between Lots Nos. 1 and 2 on the hereinafter mentioned Plan of Lots; thence along the Northerly line of Willow Mill Park Road, south 53 degrees 19 minutes 30 seconds West, 50 feet to a point; thence by the Easterly line of Lot No. 3 on the hereinafter mentioned Plan of Lots, North 37 degrees 45 minutes Wet, 141 feet to a point at the water line of the Condoguinet Creek; thence by said line of the Condoguinet Creek, North 53 degrees 19 minutes 30 seconds West, 50 feet to a point on the Westerly line of Lot No. 1 of the hereinafter mentioned Plan of Lots; thence by the said lime of Lot No.1,'South 37 degrees 45 minutes East, 141 feet to the point on the Northerly line of Willow Mill Park Road (T-600), the point and place of BEGINNING. BEING Lot No. 2 on the Plan of Cottages known as Willow Mill Park and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 2, page 103. HAVING THEREON ERECTED a dwelling known and numbered as 112 WillowMill Pak Road, Mechanicsburg, Pennsylvania. Q _ UNDER and subject to any and all covenants, conditions, reservations, restrictions; limitations, right-0f-ways, objections, easements, agreements, etc., as they appear of record TITLE TO SAID PREMISES VESTED IN Lisa Deardorff and James Deardorff, w/h, as tenants by the entireties, by Deed from Jodie L. Hocker, a single person, dated 11/30/2007, recorded 12/18/2007 in Instrument Number 200746663. PREMISES BEING: 112 WILLOW MILL PARK ROAD„ MECHANICSBURG, PA 17050-1761 PARCEL NO. 38 16 1070 024. PHELAN HALLINAN & SCHMIEG, LLP Attorneys for Plaintiff Lauren R. Tabas, Esq., Id. No.93337 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 a1 f r R 12 i` 215-563-7000 .; r ?1B ftL,a D GOU JTCITIMORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 09-1933 CIVIL TERM LISA DEARDORFF . JAMES DEARDORFF Defendant(s) CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant. (X) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. a-S.4. § 4904 relating to unsworn falsification to authorities. % Phelan Hallinan 8i Schmieg, ELI"- Lauren R. Tabas, Esq., Id. No.93337 Attorney for Plaintiff CITIMORTGAGE, INC. Plaintiff s V. LISA DEARDORFF JAMES DEARDORFF Defendant(s) COURT OF COMMON PLEAS - ) , CIVIL DIVISION _ 31Uik'J Ii, NO.: 09-1933 CIVIL TERM A FR 12 ' UMBER A?@ COUNT,;' CUMBERLAND COUNTY PENNSYLVA IA PHS # 200566 AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE, INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 112 WILLOW MILL PARK ROAD„ MECHANICSBURG, PA 17050-1761. Name and address of Owner(s) or reputed Owner(s): Name LISA DEARDORFF JAMES DEARDORFF 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 507 JESRUSALEM SCHOOL ROAD MOUNT WOLF, PA 17347 507 JESRUSALEM SCHOOL ROAD MOUNT WOLF, PA 17347 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) NOVASTAR MORTGAGE INC. 8140 WARD PARKWAY, STE. 200 KANSAS CITY, MO 64114 NOVASTAR MORTGAGE INC. LAND TITLE BLDG STE 2226 C/O JOHN CHANDLER MILLER III, ESQ. PHILADELPHIA, PA 19110 MATTLEMAN, WEINROTH & MILLER, P.C. NOVASTAR MORTGAGE INC. C/O MATTLEMAN, WEINROTH & MILLER, P.C. NOVASTAR MORTGAGE INC. C/O PAPPAS & RICHARDSON LLC NOVASTAR MORTGAGE INC. C/O PAPPAS & RICHARDSON LLC NOVASTAR MORTGAGE INC. C/O ROBERT W. CUSICK, ESQ. PAPPAS & RICHARDSON LLC NOVASTAR MORTGAGE INC. C/O ROBERT W. CUSICK, ESQ. PAPPAS & RICHARDSON LLC LAND TITLE BLDG STE 2226 PHILADELPHIA, PA 19110 14 NORTH MAPLE AVENUE MARLTON, NJ 08053-3001 701 RTE 73, STE 410 MARLTON, NJ 08053 701 RTE 73, STE 410 MARLTON, NJ 08053 14 NORTH MAPLE AVENUE MARLTON, NJ 08053-3001 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 112 WILLOW MILL PARK ROAD, MECHANICSBURG, PA 17050-1761 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE 228 WALNUT STREET, SUITE 220 U.S. ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG, PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true,4nd correct to the best of my personal knowledge or information and belief. I understand that `fals statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification tq/au?horities. t Dater i Phelan Hallinan & Schmieg, LLP Lauren R. Tabas, Esq., Id. No.93337 Attorney for Plaintiff CITIMQRTGAGE, INC. COURT OF COMMON PLEAS I rl -J- A, LISA DEARDORFF JAMES DEARDORFF "`!U1 tEERLAN!D COUNT';` P r EINNISYEV A N I A Plaintiff : CIVIL DIVISION : NO.: 09-1933 CIVIL TERM : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: LISA DEARDORFF JAMES DEARDORFF 507 JESRUSALEM SCHOOL ROAD MOUNT WOLF, PA 17347 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 112 WILLOW MILL PARK ROAD„ MECHANICSBURG, PA 17050-1761 is scheduled to be sold at the Sheriff's Sale on 09/05/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $153,490.55 obtained by CITIMQRTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN I1F THE SHERIFF'S SALE DOES TAKE PLACE. L 'If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL that certain lot of land, with the buildings and improvements thereon erected, situate in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey by Michael D'Angelo, R. S., dated November 16, 1977, as follows, to wit: BEGINNING at a point at an iron pin on the Northerly line of Willow Mill Park Road (T-600), said point being 50 feet in a Westerly direction from the Eastern right-of-way line of Township Road (T-610); said point also being at the dividing line between Lots Nos. 1 and 2 on the hereinafter mentioned Plan of Lots; thence along the Northerly line of Willow Mill Park Road, south 53 degrees 19 minutes 30 seconds West, 50 feet to a point; thence by the Easterly line of Lot No. 3 on the hereinafter mentioned Plan of Lots, North 37 degrees 45 minutes Wet, 141 feet to a point at the water line of the Condoguinet Creek; thence by said line of the Condoguinet Creek, North 53 degrees 19 minutes 30 seconds West, 50 feet to a point on the Westerly line of Lot No. 1 of the hereinafter mentioned Plan of Lots; thence by the said line of Lot No. 1, South 37 degrees 45 minutes East, 141 feet to the point on the Northerly line of Willow Mill Park Road (T-600), the point and place of BEGINNING. BEING Lot No. 2 on the Plan of Cottages known as Willow Mill Park and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 2, page 103. HAVING THEREON ERECTED a dwelling known and numbered as 112 Willow Mill Park Road, Mechanicsburg, Pennsylvania. UNDER and subject to any and all covenants, conditions, reservations, restrictions, limitations, right-of-ways, objections, easements, agreements, etc., as they appear of record. TITLE TO SAID PREMISES VESTED IN Lisa Deardorff and James Deardorff, w/h, as tenants by the entireties, by Deed from Jodie L. Hocker, a single person, dated 11/30/2007, recorded 12/18/2007 in Instrument Number 200746663. PREMISES BEING: 112 WILLOW MILL PARK ROAD„ MECHANICSBURG, PA 17050-1761 PARCEL NO. 38 16 1070 024. SHORT DESCRIPTION By virtue of a Writ of Execution NO. 09-1933 CIVIL TERM CITIMORTGAGE, INC. vs. LISA DEARDORFF JAMES DEARDORFF owner(s) of property situate in SILVER SPRING TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 112 WILLOW MILL PARK ROAD, MECHANICSBURG, PA 17050-1761 Parcel No. 38 16 1070 024. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $153,490.55 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 c4 Phelan Hallman & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division V. CUMBERLAND County LISA DEARDORFF JAMES DEARDORFF No.: 09-1933 CIVIL TERM 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 March 27, 2009. 2. Judgment was entered on May 26, 2009 in the amount of $153,490.55. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item 200566 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 5, 2012. 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 Interest Through September 5, 2012 Per Diem $28.89 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/Brokers Price Opinion Mortgage Insurance Premium/ Private Mortgage Insurance Escrow Deficit $142,988.32 $42,297.01 $248.60 $1,750.00 $1,816.83 $1,008.19 $600.00 $84.00 $4,525.79 $9,772.47 TOTAL $205,091.21 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. Plaintiffs foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on July 19, 2012 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. 200566 A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) is attached hereto, made part hereof, and marked as Exhibit "B". 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 & S DATE: By: , quire ATTORN Y FOR PLAINTIFF 200566 Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division V. CUMBERLAND County LISA DEARDORFF JAMES DEARDORFF No.: 09-1933 CIVIL TERM Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE LISA DEARDORFF and JAMES DEARDORFF 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 112 WILLOW MILL PARK ROAD„ MECHANICSBURG, PA 17050-1761. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. 200566 In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums. costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. ofN.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Cion oli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect 200566 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 mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. 200566 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 Sheriff s Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Villay'e Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand.) udgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the 200566 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. Vl. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff s recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included 200566 in the judgment in mortgage foreclosure action was reasonable. Citicorpv. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title; to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. 200566 The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code 200566 violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: 19 Phelan Hallinan & Sc , Allison Esquire Attorney for Plaintiff 200566 Exhunt "A" WORNEY FILE CMS' PLEASE RM- AN Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 2dZWNEY FILE QM' Jay B. Jones, Esq., Id. No. 86657 ASE RETURN 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Attorney for Plaintiff N Cl c-5 t7 1-7 = n o, : CUMBERLAND COUNTY VS. :• _EE p?COURT OF COMMON PLEAS TMRW Ft-E N r- LISA DEARDORFF PLEASE RM VIL DIVISION JAMES DEARDORFF No. 09-1933-CIVIL 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 LISA DEARDORFF and JAMES DEARDORFF, 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 $152,074.94 Interest - 03/27/2009 to 05/14/2009 $1,415.61 TOTAL $153,490.55 I hereby certify that (1) the Defendants' last known address is 507 JESRUSALEM SCHOOL ROAD, MOUNT WOLF, PA 17347, and (2) that notice has been given in accordance with Rule 237.1, copy attached. tc enc T . Phel ,squire is H an, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire /"'Joshua I. Goldman, Esquire ?D Zog)'(-+ Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: o PHS # 200566 PROTHONOTA Y Exhibit "B" 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 July 19, 2012 LISA DEARDORFF JAMES DEARDORFF 507 JESRUSALEM SCHOOL ROAD MOUNT WOLF, PA 17347 LISA DEARDORFF JAMES DEARDORFF 112 WILLOW MILL PARK ROAD, MECHANICSBURG, PA 17050-1761 RE: CITIMORTGAGE, INC. v. LISA DEARDORFF and JAMES DEARDORFF Premises Address: 112 WILLOW MILL PARK ROAD, MECHANICSBURG, PA 17050 CUMBERLAND County CCP, No. 09-1933 CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by July 24, 2012. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly you -~° Allison F. Wells I %squi_re Attorney for Plaintiff Enclosure 200566 Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division V. LISA DEARDORFF JAMES DEARDORFF Defendants CUMBERLAND County No.: 09-1933 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. LISA DEARDORFF JAMES DEARDORFF 507 JESRUSALEM SCHOOL ROAD MOUNT WOLF, PA 17347 DATE: LISA DEARDORFF JAMES DEARDORFF 112 WILLOW MILL PARK ROAD, MECHANICSBURG, PA 17050-1761 Phelan Hallinan & Sc Allison F. e s, Esquire ATTORNEY FOR PLAINTIFF 200566 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CITIMORTGAGE, INC. Plaintiff Court of Common Pleas Civil Division v. LISA DEARDORFF JAMES DEARDORFF CUMBERLAND County No.: 09-1933 CIVIL TERM Defendants RULE AND NOW, this l day of 2012, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY T O RT 01 J. 110, 200566 Alli Wells, Esq., Id. No.309519 Phe llinan & Schmieg, LLP 161 Boulevard, Suite 1400 Phil iia, PA 19103 TEI 5) 563-7000 FA,' 5) 563-3459 LIS I?ARD0RFF JAI DEARDORFF 50-Y > ZUSALEM SCHOOL ROAD MC 1. WOLF, PA 17347 ,al'lew .12 Ouc t/ LISA DEARDORFF JAMES DEARDORFF 112 WILLOW MILL PARK ROAD, MECHANICSBURG, PA 17050-1761 200566 AFFIDAV IT OF SERVICE i,FHLMC) PLAINTIFF CUMBERLAND COUNTY CITIMORTGAGE, INC. PHS # 200566 DEFENDANT SERVICE TEAM/ lxh LISA DEARDORFF COURT NO.: 09-1933 CIVIL TERM JAMES DEARDORFF ;SERVE JAMES DEARDORFF AT: TYPE OF ACTION 507 JESRUSALEM SCHOOL ROAD 3a Notice of Sherifffs Sale MOUNT WOLF, PA 17347 SALE DATE: September 5, 2012 SERVED Served and made known to JAMES DEARDORFF, Defendant on the 3 day of l?_' C - 20 ? Z at 7 o'clock M., at 1?}-9 P. ovl- _ h1 s in the manner described below: `PDefendant rsonally served. Adult family member with whom Defendant(s) reside(s). Relationship is ' t _ Adult in charge of Defendant s residence who refused to give name or relationship. 3W Manager/Clerk of place of lodging in which Defendant(s) reside(s). ' G-J Agent or person in charge of Defendant s office or usual place of business. =t- t _ an officer of said Defendant's company. -< Other: (.? S Descri tion: A e Hei m O ht Wei ht R h p g g g ace ex t er yO O 051,rlne_ a competent adult, hereby verify that I personally handed a true a nd corre?ct'oC?y oe Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at tb* addrress indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S . Sec. 4904 relating to unsworn falsification to authorities. DATE 3 NAME : : PRINTE AA?r+ TITLE: NOT SERVED On the day of , 20_, at._ o'clock _. M., Defendant NOT FOUND because: Vacant _ Does Not Exist Moved __ Does Not Reside (Not Vacant) _ No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence 1'. 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 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 John M. Kclesnik, Esq., Id. No. 308877 • 1 Fn rz.? -n AFFIDA` IT OF SERVICE (FHLMC) PLAINTIFF CITIMORTGAGE, INC. CUMBERLAND COUNTY PHS # 200566 DEFENDANT DEARDORFF LISA SERVICE TEAM/ Ixh JAMES S DEAR DEARDOR FF COURT NO.: 09-1933 CIVIL TERM SERVE LISA DEARDORFF AT: TYPE OF ACTION 507 JESRUSALEM SCHOOL ROAD XX Nritiee of Sheriff's Sale MOUNT WOLF, PA 17347 SALE DATE: September 5, 2012 SERVED Served and made known to LISA DEARDORFF, Defendant on the j day of : r 20 l zat ' ,o clock M., at a4-3cs .? 1 ?aS in the manner described below: ?- _ Defendant p sonally served. Z° Adult family member ith whom Defendant(s) reside(s). ' .? N ? C=D N Relationship is vSr 3 ???..: L/514 -??? ?t ys t? - Adult in charge of Defendant's residence who refused to give name or relationship. M Xrn CC's - anager/Clerk of place of lodging in which Defendant(s) reside(s). U) " t Agent or person in charge of Defendant's office or usual place of business <> Co . an officer of said Defendant's company. {C3 y, _ Other: A C Description: Age Height S f Weight/ Race " Sex I- Other =C:) ? '.. a competent adult, hereby verify that l personally handed a true and correct copy' of the Notice of Sheriffs Sale in the manner as set fo th h i i r ere n, ssued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa C S Sec 4904 rel ti . . . . unsworn falsification to authorities. a ng to DATE: Z- NAME: - PRI D N ?R ?+?'a•' ?Si3c TITLE: NOT SERVED On the day of , 20_, at o'clock _. M., Defendant NOT FOUND because: Vacant _ Does Not Exist _ Moved __ Does Not Reside (Not Vacant) _ No Answer on _ at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF 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 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq., Id. No. 308877 C3 5 CD ^r; ,„ ?r•'1 ,A 1 PRIOTHONOTAh 2012 AUG -9 Ate 10" 22 CUMBERLAND COUNTY Phelan Hallman & Schmieg, LLP PENNSYLVANIA Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. LISA DEARDORFF JAMES DEARDORFF Defendants CUMBERLAND County No.: 09-1933 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's July 31, 2012 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. LISA DEARDORFF JAMES DEARDORFF 507 JESRUSALEM SCHOOL ROAD MOUNT WOLF, PA 17347 DATE: LISA DEARDORFF JAMES DEARDORFF 112 WILLOW MILL PARK ROAD, MECHANICSBURG, PA 17050-1761 Phelan Halli ieg, LLP Allison F Wells, Esquire Attorney for Plaintiff 200566 ~~ I~'~D- ~:~f~Fl~: PHELAN HALLINAN & SCHMIEG, LLPL~ ~ Z ~~~ ~ 3 Q~ lOi~l~tlt~ney for Plaintiff John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 ~"~~~~~~~~-AND COUNTY One Penn Center Plaza P E N ~! S Y LVA N I A Philadelphia, PA 19103 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. Plaintiff, v. LISA DEARDORFF JAMES DEARDORFF Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: 09-1933 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each the persons or parties named, at that address, set forth on the Affidavit and as amended applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Retu~ Receipt stamped by the U.S. Postal Service is attached hg~eto Exhibit "A". Date: ~/~~/Z hael Kolesnik, Esquire for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may n 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 press at the sale. PHS # 200566 CITIMORTGAGE, INC. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION v. NO.: 09-1933 CIVIL TERM LISA DEARDORFF JAMES DEARDORFF Defendant(s) CUMBERLAND COUNTY PHS # 200566 AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE, INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Pray Writ of Execution was filed, the following information concerning the real property located at 112 WILLOW MILL PARK 1 MECHANICSBURG, PA 17050-1761. Name and address of Owner(s) or reputed Owner(s): Name LISA DEARDORFF JAMES DEARDORFF Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 507 JESRUSALEM SCHOOL ROAD MOUNT WOLF, PA 17347 507 JESRUSALEM SCHOOL ROAD MOUNT WOLF, PA 17347 Address (if address cannot be reasonably ascertained, please so indicate) for the Name and last known address of every judgment creditor whose judgment is a record lien on the real property to b sold: Name Address (if address cannot be reasonably ascertained, please indicate) NOVASTAR MORTGAGE INC. 8140 WARD PARKWAY, STE. 200 KANSAS CITY, MO 64114 NOVASTAR MORTGAGE INC. LAND TITLE BLDG STE 2226 C/O JOHN CHANDLER MILLER III, ESQ. PHILADELPHIA, PA 19110 MATTLEMAN, WEINROTH & MILLER, P.C. NOVASTAR MORTGAGE INC. C/O MATTLEMAN, WEINROTH & MILLER, P.C. LAND TITLE BLDG STE 2226 PHILADELPHIA, PA 19110 NOVASTAR MORTGAGE INC. C/O PAPPAS & RICHARDSON LLC NOVASTAR MORTGAGE INC. C/O PAPPAS & RICHARDSON LLC NOVASTAR MORTGAGE INC. C/O ROBERT W. CUSICK, ESQ. PAPPAS & RICHARDSON LLC NOVASTAR MORTGAGE INC. C/O ROBERT W. CUSICK, ESQ. PAPPAS & RICHARDSON LLC 14 NORTH MAPLE AVENUE MARLTON, NJ 08053-3001 701 RTE 73, STE 410 MARLTON, NJ 08053 701 RTE 73, STE 410 MARLTON, NJ 08053 14 NORTH MAPLE AVENUE MARLTON, NJ 08053-3001 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 112 WILLOW MILL PARK ROAD, MECHANICSBURG, PA 17050-1761 DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR TAE MIDDLE DISTRICT OF PA FEDERAL BUILDING 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 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 of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. 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Q ~ d w g n n ~g~~~ o ~ ~ ~ N ~ "• o, °n ~. ] o ~ ' fD -'' '., ^ c ~.~ ~~ m ~f g m ~ ° n ~ o ' ~ N ~ o ~ C'. P ~8 w Pn G~~p' a, F p pp d < 8 n f+ ~ H. ~ c o e = .-' y oa ' ~ ~ ~ ~ f D w w ~ ~ n ~ ~ n ~ o. ~ m d ~~bg. '~-' C m A ~a3m .m a E o, _ o. o nm o ° c ~ °`Z g°= g.~ ~ n '~, ~. n b' 9 G1 ~ ~ ~ ~ ~ . ~ n'v e A ~ X vd ° ~' ~ 33~?3 z a~o~~v n s~ a ~~ a ' ~ U n ~~Op 3 ~ °'~ •~! *~'' . ~~' o ~ ~ a ~. ~, i~ ~ __ ~.~ .~ g c s 3 ' - O ~ N \.r ^ T~ t ~ Y ~ oaz ~ A. A~ ~ ~ ~ y ~ f1. ti~~. ^~'1 Q. 1 o~,~ ~~ ~ ~~ .~u~~ ~~~ ~~;a b` ~ w a. ~ w ~ ~, N ~ OQ ~r O rr O .d 3° ~~ u- " LLIi-0?F F I E i i t Pi'iOTHO?'?? 1'ArZY LN2AU 23 A H10:4-0 Phelan Haillinan & Schmieg, L??1,, RUSYLVANIA BLAND COUNTY Allison F. Wells, Esq., I1617 JFK:Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ATTORNEY FOR PLAINTIFF CITIMORTGAGE, INC. Plaintiff VS. LISA DEARDORFF JAMES DEARDORFF Defendants No.: 09-1933 CIVIL TERM MOTION TO MAKE RULE ABSOLUTE CITIMORTGAGE, INC., by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on July 27, 2012. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on July 19, 2012 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) is attached hereto and made part hereof, marked as Exhibit A. 3. A Rule was issued by the Honorable Albert H. Masland on July 31, 2012 directing the Defendants to show cause by August 20, 2012 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on August 8, 2012 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. Court of Common Pleas Civil Division CUMBERLAND County 200566 Defendants failed to respond or otherwise plead by the Rule Returnable date of August 20, 2012. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallin S-cifffi DATE: ells, Esquire Attorne for Plaintiff 200566 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 PhelanHal linan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey July 19, 2012 LISA, DEARDORFF JAM> S DEARDORFF 507 JESRUSALEM SCHOOL ROAD MOUNT WOLF, PA 17347 LISA DEARDORFF JAMES DEARDORFF 112 WILLOW MILL PARK ROAD, MECHANICSBURG, PA 17050-1761 RE: CITIMORTGAGE, INC. v. LISA DEARDORFF and JAMES DEARDORFF Premises Address: 112 WILLOW MILL PARK ROAD, MECHANICSBURG, PA 17050 CUMBERLAND County CCP, No. 09-1933 CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Or4er. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concu"ence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by July 24, 2012. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours Allison'F. Wells, squire Attorney for Plaintiff Enclosure 200566 r1 j W tom,} C. '_'{ (T] ._..{ =;0 r`r ?.3 (i l car- W X n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CITIMORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County LISA iDEARDORFF JAMES DEARDORFF No.: 09-1933 CIVIL TERM Defendants RULE AND NOW, this. 31 clay of 2012, a Rule is entered upon the Defendants 0- 4-1 to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT sr Al'? J. 200566 :1 lnU-G1=FJCi E PROTHONOTARY 2012 AUG -9 AM 10'. 22 CUMBERLAND COUNTY Phelan Hallinan & Schmieg, LLP PENNSYLVANIA Allison F. Wells, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 SFK Boulevard, Suite 1400 One P?nn Center Plaza Philadelphia, PA 19103 215-563-7000?? CITIMORTGAGE, INC. Plaintiff Court of Common Pleas Civil Division VS. LISA DEARDORFF JAMES DEARDORFF Defendants CUMBERLAND County No.: 09-1933 CIVIL TERM CFRTIFIOAT'ON!OAF SER"VICl I hereby certify that a true andcorrect copy of the Court's July 31, 2012 Rule directing the Defendants to show cause as to why Plaintiff s Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. LISA DEARDORFF JAMES DEARDORFF 507 JI SRUSALEM SCHOOL ROAD MOUNT WOLF, PA 17347 DATE: LISA DEARDORFF JAMES DEARDORFF 112 WILLOW MILL PARK ROAD, MECHANICSBURG, PA 17050-1761 Phelan Hal . eg,, LLP Allison F W?Ils, Esquire Attorney for Plaintiff 200566 Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-71000 CITIMORTGAGE, INC. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division VS. LISA DEARDORFF JAMES DEARDORFF Defendants CUMBERLAND County No.: 09-1933 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute were served upon the following individuals on the date indicated below. LISA DEARDORFF JAMES DIEARDORFF 507 JESRVSALEM SCHOOL ROAD MOUNT WOLF, PA 17347 DATE: LISA DEARDORFF JAMES DEARDORFF 112 WILLOW MILL PARK ROAD, MECHANICSBURG, PA 17050-1761 Phe a ina chmieg, LLP Allison F. Wells, Esquire Attorney for Plaintiff 200566 .j IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVA1vIA CITIMORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division vs. LISA DEARDORFF JAMES DEARDORFF Defendants CUMBERLAND Count . -a~3 °y' No.: 09-1933 CIVIL ~~ ~ ~~ ~ ~"' C~ 3 z ORDER ~~= `•£ AND NOW, this ~ d day of~,c~w/v, 2012, upon consideration of Plaintiff' ~ ~ Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance Interest Through September 5, 2012 Per Diem $28.89 Late Charges Legal fees Cost of Suit and Title Sheriff s Sale Costs Property Inspections AppraisaUBrokers Price Opinion Mortgage Insurance Premium/ Private Mortgage Insurance Escrow Deficit TOTAL $205,091.21 Plus interest from September 5, 2012 through the date of sale at six percent per annum. _ ~ __ ~_ c-5 ~:: ~~ --~ ~ ~ ' =~ Note: The above figure is not a payoff quote. Sheriff s commission is not included in the above figure. ~ ~~ ~-~ BY THE COURT: ~..~Sa o~ ~ ~.ktnl~s ~~a.~,IB~~Ff J. '~I~jl:soK ~ c~ll5, ~' 200566 ~~C'r ~-~ _. __ $142,988.32 $42,297.01 $248.60 $1,750.00 $1,816.83 $1,008.19 $600.00 $84.00 $4,525.79 $9,772.47 CITIMORTGAGE, INC., PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. LISA DEARDORFF AND JAMES DEARDORFF, DEFENDANTS 09-1933 CIVIL TERM ORDER OF COURT AND NOW, this 5 day of September, 2012, upon consideration of the Emergency Petition of Stay filed by Jodie Hocker, who is not a party to this suit, and who requests said stay on the alleged failure of counsel to take actions in this court and in the United States District Court for the Middle District of Pennsylvania, the court concludes that the petition is without merit and is therefore DENIED. By the Court, Albert H. Masla d, J. ? Phelan Hallinan & Schmieg, LLP r"Ift cn ,.., x e? , 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza " irn 6" Philadelphia, PA 19103 DM a zQ ? ? Jodi Hocker 3' z `•°- 112 Willow Mill Park Road Mechanicsburg, PA 17050 saa Clef f(es SHERI'FF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor , ~.~~ ~ ~. ._. , // ~~ ~,,g r .rVI t~ ~{ q 1.E"' r~..-fir - ~7r-~. U[[t~111_~~tiiL~gqlrEjl!('~ i 1'` L R~ 7~ V~ L ~4rhi i~''{ ~ T 4 Citimortgage. Inc vs. Lisa Deardorff (et aL) Case Number 2009-1933 SHERIFF'S RETURN OF SERVICE 56/21/2012 07:50 PM -Deputy Ryan Burgett, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, Ripon the property located at 112 Willow Mill Park Road, Silver Spring Township, Mechanicsburg, PA rt7050, Cumberland County. 09/06/2012 Ronrry R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, PA on September 5, 2012 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Federal Home Loan Mortgage Corpor<~tion, k>eing the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $7,'7.02 November 05, 2012. SO ANSWERS, ~_~ ~ -' ,1 RONf~( R ANDERSON SHERIFF ~'. ash. Q7- ~L~~~d~ CITIMORTGAGE, Ii"L'. Plaintiff ~ v LISA DEARDORF'F JAMES DEARDORFF Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 COURT OF COMMON PLEAS CIVIL DIVISION NO.: 09-1933 CIVIL TERM CUMBERLAND COUNTY PHS # 200566 CITIMORTGAGE, INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 112 WILLOW MILL, PARK ROAD„ MECHANICSBURG, PA 17050-1761. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate;) LISA DEARDORFF JAMES DEARDORFF 507 JESRUSALEM SCHOOL ROAD MOUNT WOLF, PA 17347 507 JESRUSALEM SCHOOL ROAD MOUNT WOLF, PA 17347 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate;) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) NOVAST.AR MORTGAGE INC. 8140 WARD PARKWAY, STE. 200 KANSAS CITY, MO 64114 NOVASTAR MORTGAGE INC. C/O JOHN CHANDLER MILLER III, ESQ. MATTLEMAN, WEINROTH & MILLER, P.C. NOVASTAR MORTGAGE INC. C/O MATTLEMAN, WEINROTH & MILLER, P.C. LAND TITLE BLDG STE 2226 PHILADELPHIA, PA 19110 LAND TITLE BLDG STE 2226 PHILADELPHIA, PA 19110 NOVASTAR MORTGAGE INC. C/O PAPPAS & RICH.ARDSON LLC NOVASTAR MORTGAGE INC. C/O PAPPAS & RICHARDSON LLC NOVAST.AR MORTGAGE INC. C/O ROBERT W. CUSICK, ESQ. PAPPAS & RICHARDSON LLC NOVAST.AR MORTGAGE INC. C/O ROBERT W. CUSICK, ESQ. PAPPAS ~4c RICHARDSON LLC 14 NORTH MAPLE AVENUE MARLTON, NJ 08053-3001 701 RTE 73, STE 410 MARLTON, NJ 08053 701 RTE 73, STE 410 MARLTON, NJ 08053 14 NORTH MAPLE AVENUE MARLTON, NJ 08053-3001 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the properly: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest i'.n the property which may be affected by the sale: Name Address (if address cannot be TENANTiOCCUPANT DOMESTIC RELATIONS OF CUMBERLAND COUNTY reasonably ascertained, please indicate) 112 WII.LOW MILL PARK ROAD, MECHANICSBURG, PA 17050-1761 13 NORTH HANOVER S'CR_EET CARLISLE, PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O. BOX 2675 DEPARTMENT OF WELFARE IIARRISBITRG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT CIF JUSTICE 228 WALNUT STREET, SUITE 220 U.S. ATTORNEY FOR. THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG, PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are knowledge or information and belief. I understand that als of 18 Pa. C.S.A. ~ 4904 relating to unswotn falsificati n t Date ~ ~ B _ ~ y. tru~~nd correct to the best of my personal /statements herein are made s~.tbject to the penalties auiklorities. _. __ ___. elan Hallinan & Schmieg, LLP Lauren R. Tabas, Esq., Id. No.93337 Attorney for Plaintiff CITIMORTGAGE, 'INC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. NO.: 09-1933 CNIL TERM LISA DEARDORFF JAMES DEARDORFF CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: LISA DEARDORFF JAMES DEARDORFF 507 JESRUSALEM SCHOOL ROAD MOUNT WOLF, PA 17347 **THI5 FIl2M IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WH,L BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARC~E IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A :DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 112 WILLOW MILL PARK ROAD„ MECHANICSBIJRG, :PA 17050-1761 is scheduled to be sold at the Sheriff's Sale on 09/05/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $153,490.SS obtained by CITIMORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. 7"he sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 21S-S63-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also bE; able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. 'To find out if this has happened, you may ca11215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. A.t that time, the buyer may bring legal proceedings to evict you. 6. You maybe entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made: available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if yore act inunediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOIISE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution N0.09-1933 CIVIL TERM CITIMORTGAGE, INC. vs. LISA DEARDORFF JAMES DEARDORFF owner(s) of property situate in SILVER SPRING TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 112 WILLOW MILL PARK ROAD, MECHANICSBURG, PA 17050-1?61 Parcel No. 38 16 1070 024. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOiJNT: $153,490.55 Phelan Hallman & Schmieg, LLP Attorney for Plaintiff 1617 JFK boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL that certain lot of :land, with the buildings and improvements thereon erected, situate in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey by Michael D'Angelo, R.S., dated November 16, 1977, as follows, to wit: BEGII~II~iING at a point at an iron pin on the Northerly line of Willow Mill Park Road (T-600), said point being 50 feet in a Westerly direction from the Eastern right-of--way line of Township Road (T-610); said point also being at the dividing line between Lots Nos. 1 and 2 on the hereinafter mentioned Flan of Lots; thence along the Northerly line of Willow Mill Park Road, south 53 degrees 19 minutes 30 seconds West, 50 feet to a point; thence by the Easterly line of Lot No. 3 on the hereinafter mentioned Plan of Lots, North 37 degrees 45 minutes Wet, 141 feet to a point at the water line of the Condoguinet Creek; thence by said line of the Condoguinet Creek, North 53 degrees 19 minutes 30 seconds West, 50 feet to a point on the Westerly line of Lot No. 1 of the hereinafter mentioned Plan of Lots; thence by the said line of Lot No. 1, South 37 degrees 45 minutes East, 141 feet to the point on the Northerly line of Willow Mill Park Road (T-600), the point and place of BEGINNING. BEING Lot No. 2 on the Plan of Cottages known as Willow Mill Park and recorded in the Office of the Recorder of Deeds in a~1d for Cumberland County in Plan Book 2, page 103. HAVING THEREON ERECTED a dwelling known and numbered as 112 Willow Mill Park Road, Mechanicsburg, Pennsylvania. UNDER and subject to any and all covenants, conditions, reservations, restrictions, limitations, right-of--ways, objections, easements, agreements, etc., as they appear of record. TITLE TO SAID PREMISES VESTED IN Lisa Deardorff and James Deardorff, w/h, as tenants by the entireties, by Deed from Jodie L. Hocker, a single person, dated 11/30/2007, recorded 12/18/2',007 in Instrument Number 200746663. PREMISI=;S BEING: 112 WILLOW MII.L PARK ROAD„ MECHANICSBURG, PA 17050-1761 PARCEL N0.38 16 1070 024. WRIT OF E',XECUTION and/or ATTACHMENT COYIMONWEALTH OF PENNSYLVANIA) G~)UNTY OF CUMBERLAND) NO. 09-193 Civil CIVIL ACT10N -- LAW "I'O THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC., Plaintiff (s) From LISA DEARDORFF, JAMES DEARDORFF (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPi['ION . (? = You are also directed to attach the property of the defendant(s) not levied upon in the possession of G.~~RNISHEE(S) as follows: an c{ to notify the garnishee(s) that: (a) an attachment has been issued; (b) the Qarnishee(s) is enjoined h-om pa~~ing anv debt to or for the account of the defendant (s) and from delivering any property of the defendant (sj or otherwise disposing thereof; (3 j If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anvo7le 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: 5153,490.55 L.L.: [ntz:rest PROM 5/15.2009 TO DATE OF SALE ($25.23 PER DIEM) - $30,528.30 Att~'s Cornm: q,o Due Prothy: 52.25 Attu- Pad 51,201.39 Other Costs: Plaintiff Paid: Date: 4ii2/12 ~ --~ - ~ ---- David D. Buell, Prothonotary (Seal) ~_~ ~~-- Deputy REQUESTING PARTY: Name: LAUREN R. TABAS, ESQUIRE Ar:<.iress: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney tor: PLAINTIFF TRUi= COPY FROM RECORD Tel cphon~ 215-563-?000 In Testimony whereof, l here unto set my hand and the ~e~ of said Cou at Gariisle~ Supreme Court ID No. 93337 This_.,,L..daY~ V ~~ Q ~ nOta On April 16, 2012 the Sheriff levies upon the defendant.. interest in the real property situated in Silver Springy Township, Cumberland Caunt, I~A~ knOwr~ and numbered 112 Willow I~/lill dark ~oadp l~/lechanicsbur~, IAA 17050 more fully described on ~xhiit `°A`° filed witl'~ this writ and by this reference incorporated herein., Date: April 16, 2012 Claudia Brewbaker, Real estate o®rdinator CUMBERLAND LAW JOURNAL Writ No. 2009-1933 Civil Term Citimortgage, Inc vs. Lisa Deardorff James Deardorff Atty.: Daniel Sc:hmieg By virtue of a Writ of Execu- tion NO. 09-1933 CIVIL TERM, CI'I'IMORTGAGE, INC. vs. LISA DEARDORFF, JAMES DEARDORFF owner(s) of property situate in SIL- VER SPRING TOWNSHIP, Cumber- land County, Pennsylvania, being 112 WILLOW MILL PARK ROAD, MECHANICSBURG, PA 17050-1761. Parcel No. 38 161070024. .JUDGMENT AMOUNT: $153,490- .55. ]Improvements thereon: RESIDEN- TIAL DWELLING. 39 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 I,aw Journal on the following dates, viz: July 27, August 3, and August 10, 2012 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, anal 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. ,- ~,.. ~~~L, ___-..._..- Lis Marie Coyne, Edit P SWORN TO AND SUBSCRIBED before me this ..10 da of Au ug st, 2012 Notary °~ NQTARIAL SEAL DEE+ORAH A GOLLlNS Notary Public CARLfSLE BGROUGFI, C4~'MBERL.AND C`;UNTY My Cufnmission Expires Apr 2&, ?L~1 <~~ The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 The ~latriot-News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain.. being duly swonn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwyr, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered 1:o 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: ~,~~ ~.~~ 07/27/12 Cltlmo~ps, Inc 08/03/12 !~ vs Ir d _._._~ 08/10/12 . Atty: Danlel Schmlay By virtue of a Writ of Execution N0.09- ..... .. ~ '. ~~~ ..., _ . ~ /^~-.~---~,_....,~. 1933 CIVIL, TERM f ""f~ ~..~~'"' . CITIMORTGAGE, INC. j LISADEARDORFFJAMES Sworn tofan~subscribed ~efor~ m tl~(s,~7 day of August, 2012 A.D. owner(s) of Property situate in SILVER ~ ' i ~ ` SPRING TOWNSHIP, Cumberland ~,~•; ~ ~'' ,` .~` ~~ A . ~~ty> Pennrylvania, beins (M~-P~ih) Notary Public _ 112 WILLOW MILL PARK ROAD, MECHANICSBURG, PA 17050-1761 Parcel No. 3816107002A. JUDGMENT AMOUNT: $153,490.55 Improvements thereon: RESIDENTIAL? _ ':C~s'4MOIVLNi~Al:;:fi :;~:'=_i'f:.fVNSYR.'JANI~1 -- DWELLING r _-- _.._ ~}ta ai `na -_~ was . ',.. 7 Pr.y., N~l:ary ?U'Jl'+t ~~ r, ~;r ~y~~; ~ ~f'~i ~OUIZLV H ~r .n ~~;YI.'~ t '~C r -. (. is ;li hi , ~aitky COMMONWEALTH OF PENNSYLVANIA COLTITY OF CUMBERLAND } SS: I. Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Federal National Mortg_a~e Corporation is the grantee the same having been sold to said grantee on the 5th day of Se tep tuber A.D., 2012, under and by virtue of a writ Execution issued on the l 2th day of April, A.D., 2012, out of the Court of Common. Pleas of said County as of Civil Term, X009 Number 1933, at the suit of Citimort~a e Inc. against Lisa Deardorff & James Deardorff is duly recorded as Instrument Number 201234344. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this _ n ~_ __day of ~_~- 1~. U ~'l -- i of Deeds Cortanissiol~ Expiresa theme F~ A~~y~2D14