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HomeMy WebLinkAbout09-3613L Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 ,Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 207699 US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST 2006-WFHE2 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. MARK A. VOGELSONG 84 TORY CIRCLE ENOLA, PA 17025-2657 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM O?lvl / NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 207699 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 #: 207699 1. Plaintiff is US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST 2006-WFHE2 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: MARK A. VOGELSONG 84 TORY CIRCLE ENOLA, PA 17025-2657 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/23/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to WELLS FARGO BANK, N.A. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1952, Page 606. 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 02/01/2009 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 #: 207699 6 The following amounts are due on the mortgage: Principal Balance $85,286.65 Interest $2,815.20 01/01/2009 through 06/02/2009 (Per Diem $18.40) Attorney's Fees $1,300.00 Cumulative Late Charges $157.63 05/23/2006 to 06/02/2009 Property Inspections $30.00 Non Sufficient Funds Charge $40.00 Cost of Suit and Title Search 750.00 Subtotal $90,379.48 Escrow Credit ($123.70) Deficit $0.00 Subtotal 123.70 TOTAL $90,255.78 7. 8 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 207699 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 $90,255.78, together with interest from 06/02/2009 at the rate of $18.40 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: awren . Phelan, Esquire Francis S. Hallinan, 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 Courtenay R. Dunn, Esquire Attorneys for Plaintiff File #: 207699 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the northern legal right-of-way of Tory Circle, at the southeast corner of Lot No. 129 on the hereinafter described final Subdivision Plan; THENCE along the eastern line of said Lot No. 129, North 08 degrees 25 minutes 00 seconds West, a distance of 100.00 feet to a point on the southern legal right-of-way of Hal Lane; THENCE along the southern legal right-of-way line of Hal Lane, North 81 degrees 35 minutes 00 seconds East, a distance of 20.00 feet to a point at the northwest corner of Lot No. 131 on the hereinafter described Final Subdivision Plan; THENCE along the western line of said Lot No. 131, SOuth 08 degrees 25 minutes 00 seconds East, a distance of 100.00 feet to a point on the northern legal right-of-way line of Tory Circle; THENCE along the northern legal right-of-way line of Tory Circle, South 81 degrees 35 minutes 00 seconds West, a distance of 20.00 feet to a point at the northeast corner of Lot No. 127 on the hereinafter described Subdivision Plan, the point and place of BEGINNING. CONTAINING 2,000.00 square feet, more or less. BEING Lot No. 130, Section 1, on the Final Subdivision Plan of Laurel Hills North, Lot No. 3 and Lot No. 4, dated June 1, 1992, revised August 5, 1996, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 73, Page 65. File M 207699 BEING IMPROVED with a townhouse dwelling known as 84 Tory Circle. SUBJECT TO an Easement for utility installation and maintenance which is revised on all lots and such other easements, as may be shown in recorded documents, granted to Public Utility Companies for utility purposes. Electric service will be supplied only from the underground distribution system in accordance with the current PP&L Company Tariff provisions. UNDER AND SUBJECT, NEVERTHELESS to restrictions, easements, set-back lines and conditions as now appear of record including, but not limited to, Declaration of Covenants and Restrictions applicable to Final Submission Plan for Laurel Hills North Lots 3 and 4, Section 1, East Pennsboro Township, Cumberland County, Pennsylvania, dated January 6, 1993, and recorded in the Office of the Recorder of Deeds of Cumberland County, in Miscellaneous Book 440, Page 63. BEING the same premises which Laurel Hills Development Corp., by Deed dated 08/3/03 and recorded 09/26/03 in Cumberland County Record Book 259, Page 2633, granted and conveyed unto Nexgen Realty LLP, in fee. Parcel No: 09-14-0835-121 PREMISES BEING: 84 TORY CIRCLE File #: 207699 VERIFICATION The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is. outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. y mey for P tiff DATE. ? (/ . s ! 2,.1 Q 1? l.,?i . t Sheriffs Office of Cumberland County R Thomas Kline ds~"~t~ ct ~u~6rr,~,~ ~ Sheri ~ =q Ronny R Anderson "" ~' Chief Deputy c~er"oE or rro~ sr~Ri~~ Edward L Schorpp Solicitor Jody S Smith Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 06/08/2009 04:43 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on June 8, 2009 at 1643 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Mark A. Vogelsong, by making known unto himself personally, defendant at 84 Tory Circle Enola, Cumberland County, Pennsylvania 17025 its contents and at the dame time handing to him personally the said true and correct copy of the same. SHERIFF COST: $42.40 SO ANSWERS, June 09, 2009 2009-3613 ~ • ~~~~ R THOMAS KLINE, SHERIFF De ty eriff US Bank National Assoc. v Mark A. Vogelsong n ~ c _' *c cz ~-- T ~''`.' C_._ .'ems Rl r ~` Tl -~ r fU r : ~~~. ~ ,- -:; "~-_ ~C} -`- ~:: ~~ FTi -i 77 K PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CITIGROUP COURT OF COMMON PLEAS MORTGAGE LOAN TRUST 2006-WFHE2 Plaintiff CIVIL DIVISION v MARK A. VOGELSONG Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 04/07/2010 to Date of Sale ($15.77 per diem) TOOTAL s ~a~F.oo PQ 1'~Ti`ti/ ~fa.4o CBF r!S , so ~~ 1.00 a. so ~~ ~ Ilol.~io -P~ ~l rY Note: Please attach description of property. PHS # 207699 e~-~ 943s~q ~~a~i4~/ ~ ~~~ ~ NO. CIVIL-09-3613 CUMBERLAND COUNTY 95 922.98 2 444.35 c~ '` `, c.; ;. _j _~:_ ~,~ = ~ r.. --;~ ~~, 98 367.33 --- _ ci =~; ~ Attorney for Pla tiff 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 ^ J dith 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 ~o 0 0 N F a H 0 a w t~ a ~ 1 /-~ ° a U a 0 w w w H a w d ~ a H U Z ~ O O ~ d O U~ ~ ~ ~ O ~ ~ ~ oa UW z .~ x a W ~ ~~ w U ~ ~ > z w~ o~ ~ w d °' Q 0 U ~, a O o H ~ 3w O~ w °° ~~ U a b z ~, o ~ ~ N G. ..a (~ N O, U' U ~ .~ OUQd., 3 ¢~¢ a~'i ~ O ~ Q ~~w 0 N ~ N \p ~ 00 ~ ~ M p, V .--. ° O 4 CV ° G O zZ ono C~ N ,r ~ 0 0~ p O Z -a-1zzZ-~oz-v o o °~ ozz d:ZZb r.7bbb ^b ^2ZZooZb ow'O ° c ~W W W-d W ~aN"~ti 6'W W~ W W a~i ~Hx~~'~~Ah ~ ~~~ ~~~o~ Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Perm Center Plaza Philadelphia, PA 19103 215-563-7000 US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST 2006-WFHE2 Plaintiff v. MARK A. VOGELSONG Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS : CIVIL DIVISION NO. CIVIL-09-3613 CUMBERLAND COUNTY n p C The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in.,tl~abo~ cap~ioned matter and that the premises are not subject to the provisions of Act 91 because: r'' ~ -~ ~ -~-, ( ) the mortgage is an FHA Mortgage _ ~'' _ ( ) the premises is non-owner occupied =°° ( ) the premises is vacant ~ ~ :~- (X) Act 91 procedures have been fulfilled ,_~ ~,,; w -: This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Bv~ Attorney for Plamtiff 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 ^ J~~ tth 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 US BANK NATIONAL ASSOCIATION AS TRUSTEE FbR CITIGROUP MORTGAGE LOAN TRUST 2006- WFHE2 Plaintiff v. MARK A. VOGELSONG Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-3613 CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST 2006-WFHE2, 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 84 TORY CIRCLE, ENOLA, PA 17025-2657. ~ ra 1. Name and address of Owner(s) or reputed Owner(s): _ `-=' Name Address (if address cannot be reasonably - --: ascertained, please so indicate) r`i,`_ ' ,, MARK A. VOGEL50NG 84 TORY CIRCLE ~^~ ENOLA, PA 17025-2657 '- _-,. ,~;. ~ 2. Name and address of Defendant(s) in the judgment: ~ c~,: A~J Name Address (if address cannot be reasonably `~ ~~`` ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) 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) EAST PENNSBORO TOWNSHIP 98 SOUTH ENOLA DRIVE ENOLA, PA 17025 EAST PENNSBORO TOWNSHIP C/O 3901 MARKET STREET HENRY F. COYNE, ESQUIRE CAMP HILL, PA 17011-4227 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. 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 84 TORY CIRCLE ENOLA, PA 17025-2657 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 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. April !?8;1"2010 By: Attorney for Plaintiff Phelan Hallinan &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ dith 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 YJS BA1VK NATIONAL ASSOCIATION AS TRUSTEE FOR COURT OF COMMON PLEAS CITIGROUP MORTGAGE LOAN TRUST 2006-WFHE2 . CIVIL DIVISION Plaintiff NO. CIVIL-09-3613 vs. CUMBERLAND COUNTY MARK A. VOGELSONG Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MARK A. VOGELSONG 84 TORY CIRCLE ENOLA, PA 17025-2657 * *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 84 TORY CIRCLE, ENOLA, PA 17025-2657 is scheduled to be sold at the Sheriff s Sale on SEPTEMBER 8, 2010 at 10:00 AM in the Cumberland County Courthouse, South .Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $95,922.98 obtained by US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST 2006-V c~' IE2~the :„ mortgagee) against you. In the event the sale is continued, an announcement will be made arsarrd sa~ in -.-, compliance with Pa.R.C.P. Rule 3129.3. ~ ' : ~~;-' ~~ r ;-t ~a '`r 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: ;``. ~~ _~ ,:~. :~;~ ~- . C, .~- 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may ca11215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. CIVIL-09-3613 US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST 2006-WFHE2 vs. MARK A. VOGELSONG owner(s) of property situate in the TOWNSHIP OF EAST PENNSBORO, Cumberland (Municipality) County, Pennsylvania, being 84 TORY CIRCLE ENOLA PA 17025-2657 (Acreage or street address) Parcel No. 09-14-0835-121 Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $95,922.98 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the northern legal right-of--way line of Tory Circle, at the southeast corner of Lot No. 129 on the hereinafter described final Subdivision Plan; THENCE along the eastern line of said Lot No. 129, North 08 degrees 25 minutes 00 seconds West, a distance of 100.00 feet to a point on the southern legal right-of--way line of Hal Lane; THENCE along the southern legal right-of--way line of Hal Lane, North 81 degrees 35 minutes 00 seconds East, a distance of 20.00 feet to a point at the northwest corner of Lot No. 131 on the hereinafter described Final Subdivision Plan; THENCE along the western line of said Lot No. 131, South 08 degrees 25 minutes 00 seconds East, a distance of 100.00 feet to a point on the northern legal right-of--way line of Tory Circle; THENCE along the northern legal right-of--way line of Tory Circle, South 81 degrees 35 minutes 00 seconds West, a distance of 20.00 feet to a point at the northeast corner of Lot No. 127 on the hereinafter described Subdivision Plan, the point and place of BEGINNING. CONTAINING 2,000.00 square feet, more or less BEING Lot No. 130, Section 1, on the Final Subdivision Plan of Laurel Hills North, Lot No. 3 and Lot No. 4, dated June 1, 1992, revised August 5, 1996, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 73, Page 65. BEING IMPROVED with a townhouse dwelling known as 84 Tory Circle. SUBJECT TO an Easement for utility installation and maintenance which is reserved on all lots and such other easements, as may be shown in recorded documents, granted to Public Utility Companies for utility purposes. Electric service will be supplied only from the underground distribution system in accordance with then current PP&L Company Tariff provisions. UNDER AND SUBJECT, NEVERTHELESS to restrictions, easements, set-back lines and conditions as now appear of record including, but not limited to, Declaration of Covenants and Restrictions applicable to Final Submission Plan for Laurel Hills North Lots 3 and 4, Section 1, East Pennsboro Township, Cumberland County, Pennsylvania, dated January 6, 1993, and recorded in the Office of the Recorder of Deeds of Cumberland County, in Miscellaneous Book 440, Page 63. TITLE TO SAID PREMISES IS VESTED IN Mark A. Vogelsong, single person, by Deed from Nexgen Realty, LLP, a Pennsylvania Registered Limited Liability Partnership, dated 05/11/2006, recorded 05/26/2006 in Book 274, Page 3778. PREMISES BEING: 84 TORY CIRCLE, ENOLA, PA 17025-2657 PARCEL N0.09-14-0835-121 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-3613 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U S BANK NATIONAL ASSOCIATION, as Trustee for CITIGROUP MORTGAGE LOAN TRUST 2006-WFHE2, Plaintiff (s) From MARK A. VOGELSONG (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 $95,922.98 L.L.$.50 Interest from 4/7/10 to Date of Sale ($15.77 per diem) -- $2,444.35 Atty's Comm % Due Prothy $2.00 Atty Paid $161.40 Other Costs Plaintiff Paid Date: 5/3/l 0 *1 Davi D. Buell, Prothonot ry (Seal) By: REQUESTING PARTY: Name: SHEETAL R. SHAH-JANI, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Deputy Supreme Court ID No. 81760 .~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST 2006-WFHE2 Plaintiff, V. MARK A. VOGELSONG Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS ~.~ CIVIL DIVISION ~ T, i.' t Ii-r No. CIVIL-09-3613 ~ " `~ ~ ,: • C+ d _..~ AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 ~ ~ ; ~ _ COMMONWEALTH OF PENNSYLVANIA ) ~~ • a PHILADELPHIA COUNTY ) SS: S As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified-Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". Date: Zp ~ ^ La ence T. Phelan, Esq., Id. No. 32227 rancis 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 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. PHS # 207699 ~i I I f s o ~e ~ 3ooo~nz wow o~n~ :: ~ . o~oz co~vw. ssztcttioa .: a~6~Z~' ~` ° r+i z~i'- "." "' ~,~.," .y,, ~ . •"; ~=~ ~,. ~ + . a O ~ ~• A" ~ ~ m ~ ., ~ ~ ~ .. v ~ .~ g 'o N 3 a~ n_ ~ a, r~V >o~a ! °! ~~~~.~~ vw~ !~ ~~ H ~, .: ~: .!! .Y _~ e8~ ~ 8. ~ ~ ~~~ ~~ a o~ o ~~ 5~. (t ~ y 3 u a ~ ~ ~ i ~~ ~ yp ~~ Z N,, a ~" N M V' h ~O 1'~ 00 O~ ~ •r N !rl '~ 1A '3 ~ ao a FICE D 1`0 TA ri'i ^i@3ty?1 f Y .?••.ii 5 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205- Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST 2006-WFHE2 Plaintiff V. MARK A. VOGELSONG Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. CIVIL-09-3613 PLAINTIFF'S MOTION TO REASSESS DAMAGES 207699 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: 1. Plaintiff commenced this foreclosure action by filing a Complaint on June 3, 2009, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on April 7, 2010 in the amount of $95,922.98. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on November 3, 2010. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through November 3, 2010 Per Diem $18.37 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $85,138.91 $9,335.70 $293.92 $1,675.00 $966.50 $0.00 $0.00 $0.00 $0.00 $40.00 ($0.00) $2,737.53 $100,187.56 207699 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on September 13, 2010 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. 207699 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Halli 4n & Schmieg, LLP` DATE: By: ? Lawrence T. Phelan, Esq. Id No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 e?6aniel 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.. Dtgm, Esq., Id. No. 206779 ? Andrew C. Bramblett , Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 207699 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST 2006-WFHE2 Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County V. No. CIVIL-09-3613 MARK A. VOGELSONG Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 207699 I. BACKGROUND OF CASE MARK A. VOGELSONG 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. Plaintiff s Note was secured by a Mortgage on the Property located at 84 TORY CIRCLE, ENOLA, PA 17025-2657. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mort , ag_?e Co poration of the Southwest v. Good, 537 A.2d 22,'24 (Pa.Super. 1988). The 207699 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. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Companyv.'Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is 207699 also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109,390 A.2d 266,270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. ' INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale `has been requested. 207699 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, Plaintiff s interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. Vl. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. 207699 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners, of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from 207699 the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. 207699 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. l Phelan Halh & Schmieg, LLP, DATE: q)2(1 i O By: ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 aniel 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 207699 Exhibit "A" 207699 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 C7 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 Z Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 207699 US BANK NATIONAL ASSOCIATION AS COURT OF COMMON PLEAS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST 2006-WFHE2 CIVIL DIVISION 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 'TERM ?? ?? Plaintiff NO. 61' 36'/-7 V. CUMBERLAND COUNTY MARK A. VOGELSONG 84 TORY CIRCLE ENO" PA 17025-2657 We hereby cell the Within to coey o? the and correct copy Defendant .,Vt1al jiled 01 iiWd CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE piTDRNEY ?E RETURN PILEW File #: 207699 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 Fite #: 207699 Plaintiff is US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST 2006-WFHE2 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: MARK A. VOGELSONG 84 TORY CIRCLE ENOLA, PA 17025-2657 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/23/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to WELLS FARGO BANK, N.A. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1952, Page 606. 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 02/01/2009 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 #: 207699 6. The following amounts are due on the mortgage: Principal Balance $85,286.65 Interest $2,815.20 01/01/2009 through 06/02/2009 (Per Diem $18.40) Attorney's Fees $1,300.00 Cumulative Late Charges $157.63 05/23/2006 to 06/02/2009 Property Inspections $30.00 Non Sufficient Funds Charge $40.00 Cost of Suit and Title Search 750.00 Subtotal $90,379.48 Escrow Credit ($123.70) Deficit $0.00 Subtotal 123.70 TOTAL $90,255.78 7 8 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 207699 9. Notice of Intention to Foreclose asset 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 $90,255.78, together with interest from 06/02/2009 at the rate of $18.40 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: ? -? awren . Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Attorneys for Plaintiff File #: 207699 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the northern legal right-of-way of Tory Circle, at the southeast corner of Lot No. 129 on the hereinafter described final Subdivision Plan; THENCE along the eastern line of said Lot No. 129, North 08 degrees 25 minutes 00 seconds West, a distance of 100.00 feet to a point on the southern legal right-of-way of Hal Lane; THENCE along the southern legal right-of-way line of Hal Lane, North 81 degrees 35 minutes 00 seconds East, a distance of 20.00 feet to a point at the northwest corner of Lot No. 131 on the hereinafter described Final Subdivision Plan; THENCE along the western line of said Lot No. 131, SOuth 08 degrees 25 minutes 00 seconds East, a distance of 100.00 feet to a point on the northern legal right-of-way line of Tory Circle; THENCE along the northern legal right-of-way line of Tory Circle, South 81 degrees 35 minutes 00 seconds West, a distance of 20.00 feet to a point at the northeast corner of Lot No. 127 on the hereinafter described Subdivision Plan, the point and place of BEGINNING. CONTAINING 2,000.00 square feet, more or less. BEING Lot No. 130, Section 1, on the Final Subdivision Plan of Laurel Hills North, Lot No. 3 and Lot No. 4, dated June 1, 1992, revised August 5, 1996, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 73, Page 65. File M 207699 BEING IMPROVED with a townhouse dwelling known as 84 Tory Circle. SUBJECT TO an Easement for utility installation and maintenance which is revised on all lots and such other easements, as may be shown in recorded documents, granted to Public Utility Companies for utility purposes. Electric service will be supplied only from the underground distribution system in accordance with the current PP&L Company Tariff provisions. UNDER AND SUBJECT, NEVERTHELESS to restrictions, easements, set-back lines and conditions as now appear of record including, but not limited to, Declaration of Covenants and Restrictions applicable to Final Submission Plan for Laurel Hills North Lots 3 and 4, Section 1, East Pennsboro Township, Cumberland County, Pennsylvania, dated January 6, 1993, and recorded in the Office of the Recorder of Deeds of Cumberland County, in Miscellaneous Book 440, Page 63. BEING the same premises which Laurel Hills Development Corp., by Deed dated 08/3/03 and recorded 09/26/03 in Cumberland County Record Book 259, Page 2633, granted and conveyed unto Nexgen Realty LLP, in fee. Parcel No: 09-14-0835-121 PREMISES BEING: 84 TORY CIRCLE File #: 207699 VERIFICATION The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that plaintiff is: outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true.and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. 'Me undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. DATE: mey for P Exhibit "B" 207699 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante_P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CITIGROUP. MORTGAGE LOAN TRUST 2006- WFHE2 VS. MARK A. VOGELSONG Attorney for Plaintiff n ?K :_. r.J -' ;rte r. N C= Q s? v t c.? n ?. Him ?r 'AN ., : CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION : No. CIVIL-09-3613 PRAECIPE FOR IN IfthrK (s31tE FAILURE TO Kindly enter judgment in favor of the Plaintiff and against MARK A. VOGELSONG, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: ANSWER AND ASS ES TO THE PROTHONOTARY: r As set forth in Complaint $90,255.78 Interest - 06/03/2009 to 04/06/2010 $5,667.20 TOTAL $95,922.98 I hereby certify that (1) the Defendant's last known address is 84 TORY CIRCLE. ENOLA. PA 17025-2657, and (2) that notice has been given in accordance with Rule 237.1 copy attached. /. Z-IN , A Phelan, Esq'ii Daniel G. S eg, uire Michele M. B rd, 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 ¢rhrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PHS # 207699 PROTHONOT Y Exhibit "C" 207699 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 September 13, 2010 MARK A. VOGELSONG 84 TORY CIRCLE ENOLA, PA 17025-2657 RE: US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST 2006-WFHE2 v. MARK A. VOGELSONG Premises Address: 84 TORY CIRCLE ENOLA, PA 17025 CUMBERLAND County CCP, No. CIVIL-09-3613 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),1 am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by September 18, 2010. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Ver truly yours, ?*? KrYLA^? Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire 207699 Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Enclosure 207699 N O v O? Q r ? to w N C > ? N n O (p CD -t w o ^ y o ,7 ? ?+ ? O rt R y o o P ? 4 ) In 00 04 ?a y 0 r A. 0 Z A o a ? a A poQ t4 H y 'O n o ] p. N w g y ? ? fI1 ? c o o f1f N 3 "' o o J 0 g c.ga ` °. . y y Q, ? c ..,?aAa G rn C ? ? Oa 'IQ om g w v Q?ES Pos; 0 0 0 ? ? Q? r? ? ° 5 02 1M $ 01.26 g EF13 2010 0004277256 5 v) R sy.? MAILED FROM ZIP CODE 1 91 n 3 " ?c ,a L o m o ? g a 3 H ? O d 2 CD b (?D N a z r z x r b >r 0 0 VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. DATE: '? 1 Z4 1 N-0 By: H Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 el 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 207699 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US BANK NATIONAL ASSOCIATION AS Court of Common Pleas TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST 2006-WFHE2 Civil Division Plaintiff CUMBERLAND County V. : No. CIVIL-09-3613 MARK A. VOGELSONG Defendant CERTIFICATION OF SERVICE 207699 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. MARK A. VOGELSONG 84 TORY CIRCLE ENOLA, PA 17025-2657 Phelan Hallinan & hmieg, LLP DATE: 2t .? By: ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ?iel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 207699 US BANK NATIONAL ASSOCIATION IN THE COURT OF COMMON PLEAS OF AS TRUSTEE FOR CITIGROUP CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGELOAN TRUST 2006-WFHE2 PLAINTIFF V. MARK A. VOGELSONG, DEFENDANT NO. 09-3613 CIVIL ORDER OF COURT AND NOW, this 23rd day of September, 2010, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before October 14, 2010; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, M. L. Ebert, Jr., J. Daniel G. Schmieg, Esquire Attorney for Plaintiff . ,,--Mark A. Vogelsong 84 Tory Circle e-17 70 Enola, PA 17025-2657 bas :: -- -_ " CD C (2n c' p l vz ni-24 Q~ THE P ~TN~~UT~R~' 2~ I0 QCT 19 l~ ~~- Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST 2006-WFHE2 Plaintiff v. MARK A. VOGELSONG Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. CIVIL-09-3613 MOTION TO MAKE RULE ABSOLUTE 207699 US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST 2006-WFHE2, by and through its attorneys, Phelan Hallinan & Schmieg, LLP, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on September 22, 2010. A Rule was entered by the Court on or about September 23, 2010 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on September 21, 2010, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". Defendant failed to respond or otherwise plead by the Rule Returnable date of October 11, 2010. 207699 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan & Schmieg, LLP DATE: D" By: r ~ ^ 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. $4439 ~, 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 207699 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST 2006-WFHE2 Plaintiff v. MARK A. VOGELSONG Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. CIVIL-09-3613 BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE 207699 A Motion to Reassess Damages was filed with the Court on September 22, 2010 A Rule was entered by the Court on or about September 23, 2010 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on September 21, 2010 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of October 11, 2010. 207699 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs Motion to Reassess Damages. Hallinan & Schmieg, LLP DATE: 1D~ LLD By: ~ h~ ^ 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 2Q7699 Exhibit "A" 207699 US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST 2006-WFHE2 PLAINTIFF V. MARK A. VOGELSONG, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA .° NO. 09-3613 CIVIL ORDER OF COURT AND NOW, this 23~' day of September, 2010, upon consideration of the Plaintiffs Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before October 14, 2010; 3. if no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Caurt's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, M. L. Ebert,. Jr., J. Daniel G. Schmieg, Esquire Attorney for Plaintiff ~ y ~::- ~"' n.X• ' `~• ~~S ~~ ....F `' ? Mark A. Vogelsong - ` ~ ;~ = 84 Tory Circle ;=~ ' ,- ~ ~~ ' J Enola, PA 17025-2657 ~ ~'~'_` .- •~-` ~~;- `Y r~ _7 ~ ...~ _ . ~ ~ .., bas l F V r-_~ ~.._ ~~ ~-; Exhibit "B" 207699 .., , , ~~~~~ 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. Na. 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. Andrew L. Spivack, Esq., d .'~~~' 3aime McGuinness, Esq., ' o, 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Jashua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. Na. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza. Philadelphia, PA 19103 215-563-7000 ATTORNEY FOR PLAINTIFF US BANK NATIONAL ASSOCIATION AS Court of Common Pleas TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST 2006-WFHE2 Civil Division . ~ Plaintiff . ~~'~'~~ -~ ~'- CUMBERLAND County ~. _ No. CIVIL-09-3613 MARK A. VOGELSONG . Defendant ' ' ' ` ` ` CERTIFICATION OF SERVICE 207699 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. MARK A. VOGELSONG 84 TORY C ~~~ DATE:.,.--~2t ~ ~ By: r td~ ~;' s ~~ ~~r Phelan Hallinan & Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 ~~~iel. G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 Lauren R Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq:, Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett,~Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF ' ~~e ~•h j ~ .. 207699 VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: ! y ' / ~'l ~ By: LJ 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 207699 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST 2006-WFHE2 Plaintiff v. MARK A. VOGELSONG Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. CIVIL-09-3613 CERTIFICATION OF SERVICE 207699 I hereby certify that true and correct copies of Plaintiff s Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. MARK A. VOGELSONG 84 TORY CIRCLE ENOLA, PA 17025-2657 Phelan Hallinan & Schmieg, LLP r DATE: ~ ~ ~ ~'l O By; ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 207699 ' ,• Q~ r,~~ ~~°~ °~ 1eE NOTARY Z~l~,~cT 2~ ~~ 8: 26 ~~~ ~~FR~At~'D CQ P~FdMSy~yANIgNrY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION AS Court of Common Pleas TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST 2006-WFHE2 Civil Division Plaintiff CUMBERLAND County v. No. CIVIL-09-3613 MARK A. VOGELSONG Defendant ORDER AND NOW, this '~~st day of ~ C'~. , 2010, upon consideration of Plaintiffls Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $85,138.91 Interest Through November 3, 2010 $9,335.70 Per Diem $18.37 Late Charges $293.92 Legal fees $1,675.00 Cost of Suit and Title $966.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $0.00 Appraisal/Brokers Price Opinion $0.00 207699 Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $0.00 $40.00 ($0.00) $2,737.53 $100,187.56 Plus interest from November 3, 2010 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriff s commission is not included in the above figure. ~^~ ~ DES' ,rY1,~. C~ BY THE COURT J. 207699 207699 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson' Sheriff Jody S Smith r F' Chief Deputy .i Richard W Stewart Solicitor US Bank National Association I Case Number vs. 2009-3613 Mark A. Vogelsong SHERIFF'S RETURN OF SERVICE 06/26/2010 12:23 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on June 26, 2010 at 1220 hours, she posted a true copy of the within Real Estate Writ, Notice of Sale, Description and Sale Poster, in the above entitled action, upon the property of Mark A. Vogelson, located at 84 Tory Circle, Enola, Cumberland County, Pennsylvania according to law. 07/06/2010 07:34 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on July 6. 2010 at 1934 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Mark A. Vogelsong, by making known unto Mark A. Vogelsong, personally, at 84 Tory Circle, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 09/07/2010 As directed by Daniel G Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 11/3/2010 11/03/2010 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Cumberland County, PA on November 3, 2010 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of US Bank National Association, et. al., 3476 Stateview Blvd, Fort Mill, SC, 29715, being the buyer in this execution paid to the Sheriff the sum of $820.02 SHERIFF COST: $820.02 SO ANSWERS, Y Vl%"" __ -._ December 13, 2010 RON '? R ANDERSON, SHERIFF so -,' ,? K 74sy 1 1:?? -,? 9-3Zq 7 US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CITIGROUP t [OkT.GAGE LOAN TRUST 2006- WFHE2 Plaintiff V. MARK A. VOGELSONG Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-3613 CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST 2006-WFHE2, 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 84 TORY CIRCLE, ENOLA, PA 17025-2657. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) MARK A. VOGELSONG 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 84 TORY CIRCLE ENOLA, PA 17025-2657 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) None. 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) EAST PENNSBORO TOWNSHIP 98 SOUTH ENOLA DRIVE ENOLA, PA 17025 EAST PENNSBORO TOWNSHIP C/O 3901 MARKET STREET HENRY F. COYNE, ESQUIRE CAMP HILL, PA 17011-4227 6. Name and address of every other person who ha s 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 thP,',ale: A Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 84 TORY CIRCLE ENOLA, PA 17025-2657 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 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. Apri1B2?-2010 By: - ST", -"o Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 eSh di th T. Romano, Esq., Id. No. 58745 eetal 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, IF-sq., Id. No. 208375 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the northern legal right-of-way line of Tory Circle, at the southeast corner of Lot No. 129 on the hereinafter described final Subdivision Plan; THENCE along the eastern line of said Lot No. 129, North 08 degrees 25 minutes 00 seconds West, a distance of 100.00 feet to a point on the southern legal right-of-way line of Hal Lane; THENCE along the southern legal right-of-way line of Hal Lane, North 81 degrees 35 minutes 00 seconds East, a distance of 20.00 feet to a point at the northwest corner of Lot No. 131 on the hereinafter described Final Subdivision Plan; THENCE along the western line of said Lot No. 131, South 08 degrees 25 minutes 00 seconds East, a distance of 100.00 feet to a point on the northern legal right-of-way line of Tory Circle; THENCE along the northern legal right-of-way line of Tory Circle, South 81 degrees 35 minutes 00 seconds West, a distance of 20.00 feet to a point at the northeast corner of Lot No. 127 on the hereinafter described Subdivision Plan, the point and place of BEGINNING. CONTAINING 2,000.00 square feet, more or less. BEING Lot No. 130, Section 1, on the Final Subdivision Plan of Laurel Hills North, Lot No. 3 and Lot No. 4, dated June 1, 1992, revised August 5, 1996, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 73, Page 65. BEING IMPROVED with a townhouse dwelling known as 84 Tory Circle. SUBJECT TO an Easement for utility :installation and maintenance which is reserved on all lots and such other easements, as may be shown in recorded documents, granted to Public Utility Companies for utility purposes. Electric service will be supplied only from the underground distribution system in accordance with then current PP&L Company Tariff provisions. UNDER AND SUBJECT, NEVERTHELESS to restrictions, easements, set-back lines and conditions as now appear of record including, but not limited to, Declaration of Covenants and Restrictions applicable to Final Submission Plan for Laurel Hills North Lots 3 and 4, Section 1, East Pennsboro Township, Cumberland County, Pennsylvania, dated January 6, 1993, and recorded in the Office of the Recorder of Deeds of Cumberland County, in Miscellaneous Book 440, Page 63. TITLE TO SAID PREMISES IS VESTED IN Mark A. Vogelsong, single person, by Deed from Nexgen Realty, LLP, a Pennsylvania Registered Limited Liability Partnership, dated 05/11/2006, recorded 05/26/2006 in Book 274, Page! 3778. PREMISES BEING: 84 TORY CIRCLE, ENOLA, PA 17025-2657 PARCEL NO. 09-14-0835-121 1 US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR COURT OF COMMON PLEAS CITIGROUP MORTGAGE LOAN TRUST 2006-WFHE2 Plaintiff : CIVIL DIVISION NO. CIVIL-09-3613 VS. CUMBERLAND COUNTY MARK A. VOGELSONG Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MARK A. VOGELSONG 84 TORY CIRCLE ENOLA, PA 17025-2657 "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 'r0 COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 84 TORY CIRCLE, ENOLA, PA 17025-2657 is scheduled to be sold at the Sheriff's Sale on SEPTEMBER 8, 2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $95,922.98 obtained by US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST 2006-WFHE2 (the mortgagee) against you. 1[n 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 maybe able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 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 SHORT DESCRIPTION By virtue of a Writ of Execution NO. CIVIL-09-3613 US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST 2006-WFHE2 vs. MARK A. VOGELSONG owner(s) of property situate in the TOWNSHIP OF EAST PENNSBORO, Cumberland (Municipality) County, Pennsylvania, being 84 TORY CIRCLE, ENOLA, PA 17025-2657 (Acreage or street address) Parcel No. 09-14-0835-121 Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $95,922.98 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the northern legal right-of-way line of Tory Circle, at the southeast corner of Lot No. 129 on the hereinafter described final Subdivision Plan; THENCE along the eastern line of said Lot No. 129, North 08 degrees 25 minutes 00 seconds West, a distance of 100.00 feet to a point on the southern legal right-of-way line of Hal Lane; THENCE along the southern legal right-of-way line of Hal Lane, North 81 degrees 35 minutes 00 seconds East, a distance of 20.00 feet to a point at the northwest corner of Lot No. 131 on the hereinafter described Final Subdivision Plan; THENCE along the western line of said Lot No. 131, South 08 degrees 25 minutes 00 seconds East, a distance of 100.00 feet to a point on the northern legal right-of-way line of Tory Circle; THENCE along the northern legal right-of-way line of Tory Circle, South 81 degrees 35 minutes 00 seconds West, a distance of'20.00 feet to a point at the northeast corner of Lot No. 127 on the hereinafter described Subdivision Plan, the point and place of BEGINNING. CONTAINING 2,000.00 square feet, more or less. BEING Lot No. 130, Section 1, on the Final Subdivision Plan of Laurel Hills North, Lot No and Lot No. 4, dated June 1, 1992, revised August 5, 1996, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 73, Page 65. BEING IMPROVED with a townhouse dwelling known as 84 Tory Circle. SUBJECT TO an Easement for utility installation and maintenance which is reserved on all lots and such other easements, as may be shown in recorded documents, granted to Public Utility Companies for utility purposes. Electric service will be supplied only from the underground distribution system in accordance with then current PP&L Company Tariff provisions. UNDER AND SUBJECT, NEVERTHELESS to restrictions, easements, set-back lines and conditions as now appear of record including, but not limited to, Declaration of Covenants and Restrictions applicable to Final Submission Plan for Laurel Hills North Lots 3 and 4, Section 1, East Pennsboro Township, Cumberland County, Pennsylvania, dated January 6, 1993, and recorded in the Office of the Recorder of Deeds of Cumberland County, in Miscellaneous Book 440, Page 63. TITLE TO SAID PREMISES IS VESTED IN Mark A. Vogelsong, single person, by Deed from Nexgen Realty, LLP, a Pennsylvania Registered Limited Liability Partnership, dated 05/11/2006, recorded 05/26/2006 in Book 274, Page 3778. PREMISES BEING: 84 TORY CIRCLE, ENOLA, PA 17025-2657 PARCEL NO. 09-1.4-0835-121 WRIT OF EXECUTION and/or ATTACHMENT COMMON'KEALTH OF PENNSYLVANIA) NO 09-3613 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U S BANK NATIONAL ASSOCIATION, as Trustee for CITIGROUP MORTGAGE LOAN TRUST 2006-WFHE2, Plaintiff (s) From MARK A. VOGELSONG (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (') 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 $95,922.98 L.L.$.50 Interest from 4/7/10 to Date of Sale (S15.77 per diem) -- $2,444.35 Attv's Coma, 00 Due Prothy $2.00 Atty Paid 5161.40 Other Costs Plaintiff Paid Date: 513110 < J David D. Buell, Prothonot v (Seal) Bv: Deputy REQUESTING PARTY: Name: SHEETAL R. SHAH-JANI, ESQUIRE Address: PHE:LAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attornev for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 81760 a On June 14, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as, 84 Tory Circle, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 14, 2010 By: 7 Real Estate Coordinator PROOF OF PUBLICATION OF NOTICE: IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland :Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: Jule 16, July 23, and July 30, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Writ No. 2009-3613 Civil -----.--- isa Marie (?oyne, ditor US Bank National Association as Trustee for JP Morgan 2005-s1 vs. SWORN TO AND SUBSCRIBED before me this . Mark A. Vogelsong 30 of July, 2010 Atty.: Daniel G. Schmieg By virtue of a Writ of Execution NO. CIVIL-09.3613, US BANK NA- TIONAL ASSOCIATION AS TRUSTEE FOR CITIGRO JP MORTGAGE LOAN - TRUST 2006-WFHE2 vs. MARK A. Notary VOGELSONG, owner of property r situate in the TOWNSHIP OF EAST PENNSBORO, Cumberland County, Pennsylvania, being 84 TORY CIR- CLE, ENOLA, PA 17025-2657. Parcel No. 09-14-0835-121. NOTARIAL SEAL Improvements thereon: RESIDEN- DEBORAH A COLLINS TIAL DWELLING. Notary Public JUDGMEN'" AMOUNT: $95,922- CARLISLE BOROUGH. CUMBERLAND COUNTY .98. My Commission Expires Apr 28, 2014 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE i4f Patr1*0tWX(W5 Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject 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: Writ No. 2009-3613 Civil Term 07109/10 Gila Bank National Association 07/16/10 a.? Trustee for JP Morgan 2005- S1 07/23/10 vs Mark A. Vogelsong Atty: Daniel G Schmieg ... 14. ! .......... By virtue of a Writ of Execution NO. CIVIL r 09-3613 US BANK NATIONAL ASSOCIATION AS Sworn to a pd subscribed before e this 9,1?day of August, 2010 A. D. TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST 2006-WFHE2 vs. MARK A. VOGELSONG owner(s) of property situate in theTOWNSHIF Notary Public OF EAST PENNSBORO, Cumberland (Municipality) County, Pennsylvania, being 84 TORY CIRCLE, ENOLA, PA 17025-2657 (Acreage or street address) i CQmP?U 11! "It OF 4'EiddlUS!'L VA(elyA Parcel No. 09-14-0835-121 atotari8i Self -1 Improvements thereon: RESIDENTIAL Sherrie. I.. Kis'npr, I Notci DWELLING Lower pa "'to" ry Public _"V-, Dauphin Coun JUDGMENT AMOUNT: $95,922.98 __!?Y rorrrrrtiasiorr &Plrr;s'Vov. 26?201.1 ?emlr ;r?sV - - tiryrz r{ 400ripS - COMMONWEALTH OF PENNSYLVANIA COUNTY 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 Citigroup Mtg?Loan Trust 2006-WFHE 2 is the grantee the same having been sold to said grantee on the 3rd day of November A.D., 2010, under and by virtue of a writ Execution issued on the 3rd day of May, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 09 Number 3613, at the suit of Citgrroup Mortgage Loan Trust 2006-WFHE2 against Mark A Vogelson is duly recorded as Instrument Number 201037942. IN TESTIMONY WHEREOF, I have hereunto set my hand l day of and seal of said office this A.D. cep/n of Deeds W