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HomeMy WebLinkAbout10-0995 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 ?Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 228996 CITIMORTGAGE, INCORPORATED, S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 V. Plaintiff ANDREW W. FRANGE 131 BRIAN DRIVE ENOLA, PA 17025-1565 Defendant FILED-+.YRCE OT t? ThG P7- 1-C NDTARY 2010 FEB -8 AMI 10: 32 CUPS -, f NTY ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 10 - Q45 &vII-Ferm CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE C-5 ) AT?^I 4qa. oo P6 CK-? qdR 43? File #: 228996 A 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 228996 1. Plaintiff is CITIMORTGAGE, INCORPORATED, SB/M TO FIRST NATIONWIDE MORTGAGE CORPORATION 5280 CORPORATE DRIVE, MS 1011 FREDERICK, MD 21703 2. The name(s) and last known address(es) of the Defendant(s) are: ANDREW W. FRANGE 131 BRIAN DRIVE ENOLA, PA 17025-1565 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/02/1998 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CTX MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1487, Page 865. By Assignment of Mortgage recorded 05/21/1999 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 613, Page 681. 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 02/01/2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 228996 6 The following amounts are due on the mortgage: Principal Balance $51,309.08 Interest $7,815.73 01/01/2008 through 02/05/2010 (Per Diem $10.19) Attorney's Fees $650.00 Cumulative Late Charges $484.42 10/02/1998 to 02/05/2010 Property Inspections $328.50 Mortgage Insurance Premium / $40.66 Private Mortgage Insurance Costs of Suit and Title Search 550.00 Subtotal $61,178.39 Escrow Credit $0.00 Deficit $1,715.90 Subtotal $1,715.90 TOTAL $62,894.29 7. 8 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 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 File #: 228996 or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. 10. Plaintiff hereby releases ROSE MARIE FRANGE from liability for the debt secured by the mortgage. 11. By virtue of the death of ROSE MARIE FRANGE on 10-3-2007, ANDREW FRANGE became sole owner of the mortgaged premises as surviving tenant by the entireties. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $62,894.29, together with interest from 02/05/2010 at the rate of $10.19 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: ? Lawrence T. Phelan, Esq., Id. No. 32227 ['1~ ancis 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 Attorneys for Plaintiff File #: 228996 LEGAL DESCRIPTION ALL THAT CERTAIN unit in the property known, named and indentified in the Declaration Plan, referred to below as Westwood Village Condominium located in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, which has heretofore been submitted to the provisions of the Unit Property Act of Pennsylania, Act of July 3, 1963, P.L. 196, by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, of a Declaration Creating and Establishing Westwood Village Condominium dated January 29, 1975, and recorded on January 29, 1975 in Misc. Book 213, page 283, and amended by a certain First Amendment to Declaration Creating and Establishing Westwood Village Condominium dated May 28, 1976 and recorded on June 22, 1976 in Misc. Book 222, page 729 and a certain Second Amendment to Declaration Creating and Establishing Westwood Village Condominium dated July 21, 1976 and recorded on July 26, 1976 in Misc. Book 223, page 343 and a Code of Regulations of Westwood Village Condominium dated January 29, 1975 and recorded on January 29, 1975 in Misc. Book 213, page 328 and amended by a certain First Amendment to Code of Regulations of Westwood Village Condominium dated May 28, 1976 and recorded on June 22, 1976 in Misc. Book 222, page 737 and Declaration Plan of Westwood Village Codominium dated January 29, 1975 and recorded on January 29, 1975 in Plan Book 26, page 15 and amended by a certain First Amendment to Declaration Plan of Westwood Village Condominium dated July 21, 1976 and recorded on July 26, 1976 in Plan Book 28, page 72, being designated on such Declaration Plan of Westwood Village Condominium as Unit No. 131, L12, T2A, in Block'3, Building #5, known as 131 Brian Drive, Enola, Pennsylvania, as more fully described in such Declaration Plan and Declaration Creating and Establishing Westwood Village Condominium, as the same appears of record as set forth above, including any amendments thereto. File #: 228996 TOGETHER with a proportionate, undivided interest in the Common elements (as defined in such Declaration) of Nine Hundred Fifty-One Thousandth Per Cent (.951 %). BEING the same premises which Shirley Shader, Executrix of the Estate of Jack W. Shader, Jr., by Deed dated March 27, 1997 and recorded April 1, 1997 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 155, page 223, granted and conveyed unto Barbara A. Allen. PARCEL NO: 09-12-2992-OO1A-45131-3 PREMISES: 131 BRIAN DRIVE File #: 228996 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 unsworn falsifications to authorities. DATE: 5 f!? Attorney for Plaintiff File #: 228996 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson THI 1C1 -nS r }rUl? Sheriff` ?'• ?? 1 ??tii`lts o?`?urnLr?fpttd Jody S Smith ZG 10 FE _22, ` A 9: k, 0 Chief Deputy Edward L Schorpp t i~ Solicitor ?i ` Citimortgage Inc vs. Andrew Frange Case Number 2010-995 SHERIFF'S RETURN OF SERVICE 02116/2010 07:47 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on February 16, 2010 at 1947 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Andrew Frange, by making known unto himself personally, at 131 Brian Drive, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.50 February 17, 2010 SO A ERS, NY R ANDERSON, SHERIFF BY-A . . I 'je, r&- Deput Sheriff Ce in ySui;e S^e'`( Te'.c.,., ;`T I;^,. 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 (?k?etal R. Shah-Jani, Esq., Id. No. 81760 Jemne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INCORPORATED, S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION VS. ANDREW W. FRANGE 20 i 0 MAR 29 '11"1 2: L `J CUPvr: t.l Jai rY t?L : n Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 10-995 CIVIL TERM 4I4.oo PD A'?'O Ce aa.87loI p*-ayq "9 IJ?++ccx, I..Ia?.?P PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment: in favor of the Plaintiff and against ANDREW W. FRANGE, Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff s damages as follows: As set forth in Complaint $62,894.29 Interest - 02/06/2010 to 03/25/2010 $489.12 TOTAL $63,383.41 I hereby certify that (1) the Defendant's last known address is 131 BRIAN DRIVE, ENOLA, PA 17025-1565, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. Lawrence T. Phel , squire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire ,,.-Sheetal R. Shah-Jani, Esquire Jemne R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATE d DATE: 3 o1q ho Pxs # 228996 PROTHONOTARY Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 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 Attorney for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INCORPORATED, S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION VS. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 10-995 CIVIL TERM ANDREW W. FRANGE VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant ANDREW W. FRANGE is over 18 years of age and his last known residence is 131 BRIAN DRIVE, ENOLA, PA 17025-1565. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. I ? Lawrence T. Phelan tsq., 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 [ heetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised CITIMORTGAGE, INCORPORATED, SB/M TO FIRST NATIONWIDE MORTGAGE CORPORATION VS. ANDREW W. FRANGE : CUMBERLAND COUNTY . COURT OF COMMON PLEAS : CIVIL DIVISION No. 10-995 CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on - a9 w By: If you have any questions concerning this matter please contact: ? 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 2'9-heetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 "THIS THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLY RECEIVED A DISCHARGE INBANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY. ** CITIMORTGAGE, INCORPORATED, SB/M TO FIRST NATIONWIDE MORTGAGE CORPORATION v Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-995 CIVIL TERM CUMBERLAND COUNTY ANDREW W. FRANGE Defendant(s) TO: ANDREW W. FRANGE 131 BRIAN DRIVE ENOLA, PA 17025-1565 DATE OF NOTICE: March 10, 2010 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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. PHS # 228996 Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717)249-3 L ce T. Esq., Id. No. 2227 rancis S. Hallinan, Esq., Id. No. 2695 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 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack Esq Id No 84439 One Penn Center Plaza Philadelphia, PA 19103 PHS # 228996 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CITIMORTGAGE, INCORPORATED, S/B/M TO FIRST NATIONWIDE COURT OF COMMON PLEAS MORTGAGE CORPORATION Plaintiff CIVIL DIVISION NO. 10-995 CIVIL TERM ANDREW W. FRANGE Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 03/26/2010 to Date of Sale ($10.42 per diem) TOTAL O N! , 5b CBF 9a.oo M I~ • oO .. a.so N '~ !1 ~. DO ~ Pp ATN ~a~.~O ~t.:0 ' S0 ~. Note: Please attach description of property. PHS # 228996 r, ~..~ _ ~ S:.J cj _._ -ri ~~ -; „~ rt..; ~ c= $63,383.41 _ ~ ~, 3-:. ., 2 688.36 ,°±~ "'-; $66,071.77 ®~n C~i~ ~y for Plaintiff Phelan Hallinan &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B.~dones, 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., ld. No. 205047 Courtenay R. Dunn, Esq., [d. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 C* 9'1'ig(a8 R,'~'.1VS'lq~ z 0 H 0 0 U W C7 d C7 H a W O z H a w 0 H wQ 0 w~ w aza az Oa ~ ~~ O H 0 rZ.~ O V C7 i~-~ z ~ w oa a x ~ ~ a H V U b ° .o ~ W ~ v y ~ ~ W V1 > O a, w p`~ ~ 3A¢ 3 ~~~ N Q zMz° --~ w o N ~ M~+ N ~ `n OHO ~ .~ ~ d' ~ ~ ~ ~ N Q\ O~ V'i ^' ~'`~ VM M O O b O V M ~D ~ p 00 C p M ~0 t~ 00 ~ Z O~ O a p, ° o oz Zo~oo`~',cv,r~ o o~° o oz W ~ .~bti-c~z~ZZZo`OOz-oz ~z'~b O .. ~ --~ 'ti '-' ~ W b '-~ o. W O V d Cs' ~ ...^ ~' 'LS .ty b G~~' .. .. rn ~ ~,y L fn a' 6' W a. (.tl `" `:. .. Z. .. o' ~" 0 p-~ ~" W Rey p ~WWLiI•~j'rn .,~~a'.~ o-W~y~W W ~ W U \~ A W w• V .~ yN' Sa.+yi ~ tV'.' V ~~ L L N O_ ~ L L A y v `.~cr.Ca~tiv~`-,W>•-~,r~.Q-d,U Q d a w ¢ a ^^ ^^^^^^^ ^^ ^^^ IN THE'!UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: ANDREW W. FRANGE Debtor Bk. No. 1:10-bk-03390 MDF CITIMORTGAGE, INCORPORATED, SB/M TO Chapter No. 07 FIRST NATIONWIDE MORTGAGE CORPORATION Movant v. ANDREW W. FRANGE Respondent and LAWRENCE G. FRANK, ESQUIRE (TRUSTEE) Respondents I1 U.S.C. §362 ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of CITIMORTGAGE, INCORPORATED, SB/M TO FIRST NATIONWIDE MORTGAGE CORPORATION (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 U.S.C. §362 is modified with respect to premises 131 BRIAN DRIVE, ENOLA, PA 17025-1565, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage or take any legal or consensual action enforcement of its right to possession of, or title to, said premises (such actions may include but are not limited to the signing of a deed in lieu of foreclosure or entering into a loan modification agreement) and to allow the purchaser of said premises at Sheriff's Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further; ORDERED that Rule 4001(a)(3) is not applicable and CITIMORTGAGE, INCORPORATED, S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION may immediately enforce and implement this Order granting relief from the automatic stay. By the C'otu•t, Thar document is electronacall sa ned and led on the same date. Y g .~ Dated: June 8, 2010 Case 1:10-bk-03390-MDF '~ Doc 17 Filed 06/07/10 Entered 06/08/10 09:58:18 Desc Main Document Page 1 of 1 Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INCORPORATED, S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION Plaintiff v. ANDREW W. FRANGE Defendant(s) Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-995 CIVIL TERM CUMBERLAND COUNTY ~~ ~~ c.~ ~ <~ c~ - . CERTIFICATION f= ~,- The undersigned attorney hereby states that he/she is the attorney for the Plaintiff to tl~' abov~'captioned matter and that the premises are not subject to the provisions of Act 91 because: -- ,-. ~:. (X) the mortgage is an FHA Mortgage =~ ' ~ '1 ( ) the premises is non-owner occupied °~' ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: ~,~ ~ A ey for Plaintiff Phelan Hallinan &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 CITIMC~'RTGAGE, INCORPORATED, S/B/M TO FIRST N~I'IOl~WIDE MORTGAGE CORPORATION Plaintiff v. ANDREW W. FRANGE Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-995 CIVIL TERM CUMBERLAND COUNTY PHS # 228996 AFFjTDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE, INCORPORATED, SB/M TO FIRST NATIONWIDE MORTGAGE CORPORATION, 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 131 BRIAN DRIVE, ENOLA, PA 17025-1565. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) ANDREW W. FRANGE 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 131 BRIAN DRIVE ENOLA, PA 17025-1565 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be ~ ~> reasonably ascertained, please indicate) r° ~- `-=; JMMMPC COMPANY JMMMPC COMPANY C/O JOSEPH COLAVECCHI, ESQUIRE P.O. BOX 832 `- `^' `--' 221 EAST MARKET STREET CLEARFIELD, PA 16830 - 221 EAST MARKET STREET, PO BOX 13rY , CLEARFIELD, PA 16830-0131 -_ Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) PNC BANK NATIONAL ASSOCIATION PENNSYLVANIA HOUSING FINANCE AGENCY CONSUMER LOAN CENTER 2730 LIBERTY AVENUE PITTSBURGH, PA 15222 211 NORTH FRONT STREET, P.O. BOX 15530 HARRISBURG, PA 17105-5530 Name and address of every other person who has any record lien on the property: G r« cr> -~~, r~. c.. ~~ T'I ~.~_ .~, <<r; =, jc; Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other pe son who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Dame and address of every other person of whom the plaintiff has knowledge who has any interest in the property which lr4 m~'y be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle Distrlict of PA Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division 131 BRIAN DRIVE ENOLA, PA 17025-1565 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 6`s Floor, Strawberry Sq., Dept 28061 Harrisburg, PA 17128 Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program WESTWOOD VILLAGE CONDOMINIUM ASSOCIATION 13'$ Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 650 WESTWOOD DRIVE ENOLA, PA 17025-1570 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 un~sworn falsification to authorities. July 16, 2010 By: ! Att ey for Plaintiff Phelan Hallinan &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 CITIM(3RTGAGE, INCORPORATED, SB/M TO FIRST NATIONWIDE MORTGAGE CORPORATION Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-995 CIVIL TERM vs. n ~~, CUMBERLAND C~JN' ANDREW W. FRANGE ~' ~~ `~ r.~ Defendant(s) - '-~ ~,. cr NOTICE dF SHERIFF'S SALE OF REAL PROPERTY TO: ANDREW W. FRANGE 131 BRIAN DRIVE ENOLA, PA 17025-1565 ~.,, :.~ c.~ ._:-, ---~ -~ ~; .,, * *TH[S 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 1$E CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 131 BRIAN DRIVE, ENOLA, PA 17025-1565 is scheduled to be sold at the Sheriff's Sale on 12/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $63,383.41 obtained by CITIMORTGAGE, INCORPORATED, SB/M TO FIRST NATIONWIDE MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will Have of stopping the sale. (See notice'on page two on how to obtain an attorney.) YOU 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 vague of your property. 4 ;. The sale will go through only if th buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may ca11215-563- 000. 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 (seasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing ofithe 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. 10-995 CIVIL TERM CITIMORTGAGE, INCOR~'ORATED, SB/M TO FIRST NATIONWIDE MORTGAGE CORPORAT>CON vs. ANDREW W. FRANGE owner(s) of property situate in EAST PENNSBORO TOWNSHIP, Cumberland County, (Municipality) Pennsylvania, being 131 BRIAN DRIVE, ENOLAG, PA 17025-1565 (Acreage or street address) Parcel No. 09-12-2992-OOlA-~J5131-3 Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $63,383.41 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN unit in the property known, named and identified in the Declaration Plan, referred to below as Westwood Village Condominium located in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania,) which has heretofore been submitted to the provisions of the unit property Act of Pennsylvania, A¢t of July 3rd, 1963, p. 5, 196, by the records of the Office of the Recorder of Deeds of Cumberlanjd County, Pennsylvania, of a Declaration Creating and Establishing Weshvood Village Condominium dated January 29th, 1975, and recorded on January 29th, 1975, in Misc. Book 213, at Page 283, and amended by a certain First Amendment to Declaration Creating and Establishing Westwood Village condominium dated May 28th, 1976, and recorded on June 22, 1976, in Misc. Book 222, at Page 729, an a certain Second Amendment to Declaration Creating and Establishing Westwood Village Condominiu dated July 21st, 1976, and recorded on July 26th, 1976, in Misc. Book 223, at Page 343, and a Code ofegulations of Westwood Village Condominium dated January 29tH, 1975, and recorded in Misc. Boo~C 213, at Page 328, and amended by a certain First Amendment to Code of Regulations of Westwood Village Condominium dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222, at Page 737, end Declaration Plan of Westwood Village Condominium dated January 29th, 1975 and recorded on January 29th, 1975, in Plan Book 26 at Page 15, and amended by a certain First Amendment to Declaration 1?lan of Westwood Village Condominium dated July 21st, 1976, and recorded on July 26th, 1976, in P!,lan Book 28 at Page 72, being designated on said Declaration Plan of Westwood Village Condominium as Unit No. 131, L12, T2A, in Block # 3, Building # 5, known as 131 Brian Drive, Enola, Pennsylvania, as more fully described in such Declaration Plan and Declaration Creating and Establishing Westwlood Village Condominium, as the same appears of record as set forth above, including any amendments thereto, TOGETHER with a proportionate undivided interest in the Common Elements (as defined in such Declaration) of Nine Hundred Fi~'iy-One Thousandths Per Cent. (.951%). TITLE TO SAID PREMISES IS jVESTED IN Andrew W. Frange and Rose Marie Frange, his wife, by Deed from Barbara A. Allen, single person, dated 10/02/1998, recorded 10/06/1998 in Book 186, Page 794. PREMISES BEING: 131 BRI[AN!DRIVE, ENOLA, PA 17025-1565 PARCEL N0.09-12-2992-OOlA-kJ5131-3 CITIMORTGAGE, INCORPORATED, SB/M TO FIRST COURT OF COMMON PLEAS NATIONWIDE MORTGAGE CORIE~ORATION . ~' CIVIL DIVISION Plaintiff NO. 10-995 CIVII~I'EI~I ,- vs. ~~ ~ r Z:~ , ,- r ---~ CUMBERLAN~!;COiJ~~'I'Y=-;-, ANDREW W. FRANGE Defendant(s) ~._ -. -,: _. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY `- ~,,, - .: , ~~. TO: ANDREW W. FRANGE `m `~Y 131 BRIAN DRIVE ENOLA, PA 17025-1565 * *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 131 BRIAN DRIVE, ENOLA, PA 17025-1565 is scheduled to be sold at the Sheriff s Sale on 12/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $63,383.41 obtained by CITIMORTGAGE, INCORPORATED, SB/M TO FIRST NATIONWIDE MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice oti page two on how to obtain an attorney.) YOU 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 ~uyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-70100. 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 N0. 10-995 CIVIL TERM - CITIMORTGAGE, INCORPORATED, S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION vs ANDREW W. FRANGE owner(s) of property situate in LAST PENNSBORO TOWNSHIP, Cumberland County, (Municipality) Pennsylvania, being 131 BRIAN DRIVE, ENOLA,,PA 17025-1565 (Acreage or street address) Parcel No. 09-12-2992-OOlA-U5131-3 Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $63,3$3.41 Phelan Hallman & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN unit in the roperty known, named and identified in the Declaration Plan, referred to below as Westwood Village Co idominium located in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, hich has heretofore been submitted to the provisions of the unit property Act of Pennsylvania, Act bf July 3rd, 1963, p. 5, 196, by the records of the Office of the Recorder of Deeds of Cumberland bounty, Pennsylvania, of a Declaration Creating and Establishing Weshvood Village Condominium dated January 29th, 1975, and recorded on January 29th, 1975, in Misc. Book 213, at Page 283, and amended by a certain First Amendment to Declaration Creating and Establishing Westwood Village Condominium dated May 28th, 1976, and recorded on June 22, 1976, in Misc. Book 222, at Page 729, and i# certain Second Amendment to Declaration Creating and Establishing Westwood Village Condominium dated July 21st, 1976, and recorded on July 26th, 1976, in Misc. Book 223, at Page 343, and a Code of Regulations of Westwood Village Condominium dated January 29th, 1975, and recorded in Misc. Book X13, at Page 328, and amended by a certain First Amendment to Code of Regulations of Westwood Villae Condominium dated May 28, 1976, and recorded on June 22, 1976, in Misc. Book 222, at Page 737, a d Declaration Plan of Westwood Village Condominium dated January 29th, 1975 and recorded on January 29th, 1975, in Plan Book 26 at Page 15, and amended by a certain First Amendment to Declaration Plan of Westwood Village Condominium dated July 21st, 1976, and recorded on July 26th, 1976, in Plan Book 28 at Page 72, being designated on said Declaration Plan of Westwood Village Condominium as Unit No. 131, L12, T2A, in Block # 3, Building # 5, known as 131 Brian Drive, Enola, Pennsylvania, as more fully described in such Declaration Plan and Declaration Creating and Establishing Westwood Village Condominium, as the same appears of record as set forth above, including any amendments thereto, TOGETHER with a proportionate undivided interest in the Common Elements (as defined in such Declaration) of Nine Hundred Fifty-One Thousandths Per Cent. (.951%). TITLE TO SAID PREMISES IS VESTED IN Andrew W. Frange and Rose Marie Frange, his wife, by Deed from Barbara A. Allen, single person, dated 10/02/1998, recorded 10/06/1998 in Book 186, Page 794. PREMISES BEING: 131 BRIAN IIRIVE, ENOLA, PA 17025-1565 PARCEL N0.09-12-2992-OOlA-U5131-3 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-995 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERRLAND COUNTY: To satisfy the debt, interest end costs due CITIMORTGAGE, INCORPORATED, s/b/m to FIRST NATIONWIDE MORTGAGE'CORPORATION, Plaintiff (s) From ANDREW W. FRANCE (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 garnishees} 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 defendart(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 $63,383.41 L.L.$.50 Interest from 3/26110 to Date of Sale ($10.42 per diem) -- $2,688.36 Atty's Comm % Due Prothy $2.00 Atty Paid $174.00 Plaintiff Paid Date: 7/26/10 Other Costs David D. Buell, P othonotary (Seal) , . By: REQUESTING PARTY: Name: COURTENAY R. DUNN, ESQUIRE Address: PHELAN HALLII~IAN & SCHMIEG, LLP ONE PENN CEN'T`ER, SUITE 1400 1617 JFK BOULE~/ARD PHILADELPHIA,' PA 19103 Attorney for: PLAINTIFF Telephone:215-563-7000 Supreme Court ID No. 2067"x,9 Deputy FILEO-~~FICE OF THE Pfi~JTHC~tOTARY 2010 OCl' I S "1~ I ! ~ 07 CUMBER~.A"~D C~111~dTY PEt~i~SYL'd,~NIA Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza. Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INCORPORATED, SB/M TO Court of Common Pleas FIRST NATIONWIDE MORTGAGE CORPORATION Civil Division Plaintiff CUMBERLAND County v. : No.: 10-995 CIVIL TERM ANDREW W. FRANGE Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES 228996 Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on February 8, 2010, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit «A,~ 2. Judgment was entered on March 29, 2010 in the amount of $63,383.41. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. A Sheriff s Sale of the mortgaged property at 131 BRIAN DRIVE, ENOLA, PA 17025-1565 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendant filed a Chapter 07 Bankruptcy at Docket Number 1:10-03390 on April 23, 2010. The Plaintiff obtained relief from the bankruptcy stay order of court dated June 8, 2010. A true and correct copy of the Relief Order is attached hereto, made part hereof, and marked as Exhibit "C". 5. The Property is listed for Sheriffs Sale on December 8, 2010. 6. 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 $51,309.08 Interest Through December 8, 2010 $10,920.99 228996 Per Diem $10.19 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 $70,331.88 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 9. Plaintiffs foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 7, 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 "D". 11. No judge has previously entered a ruling in this case. $484.42 $1,950.00 $975.00 $0.00 $1,820.50 $84.00 $517.28 $0.00 ($0.00) $2,270.61 228996 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: l©((tk ~ cfl 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 228996 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy,'Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INCORPORATED, S/B/M TO Court of Common Pleas FIRST NATIONWIDE MORTGAGE CORPORATION Civil Division Plaintiff . CUMBERLAND County v. No.: 10-995 CIVIL TERM ANDREW W. FRANGE Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 228996 I. BACKGROUND OF CASE ANDREW W. FRANGE 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 131 BRIAN DRIVE, ENOLA, PA 17025-1565. 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 Sheriff s Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The 228996 Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriff s sale. Nationsbanc Mortg e Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsbur v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is 228996 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 Sheriff s Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown 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 Sheriff s 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. 228996 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. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shoppin 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 often 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 often 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 attomey's fees and costs as it deems reasonable. 228996 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 228996 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. 228996 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: ,_ l9~ LUc, ~ (~ By~ awrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 5$745 ^ 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. 3ones, 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 228996 Exhibit "A" 228996 ~phelan Hallman 8c Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis ~S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 .' Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B..Jones, Esg., 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 16 i7 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 213-563-7000 228996 CITIMORTGAGE, INCORPORATED, S/BJM TO FIRST NATIONWIDE MORTGAGE CORPORATION 5280 CORPORATE DRIVE MS 1011 FREDERICK, MD 21703 v. Plaintiff ANDREW W. FRANGE 131 BRIAN DRIVE EN4LA, PA 17025-1565 Defendant ATTORNEY FOR PLAINTIFF ra ~ ~ ro ot~ ° "*~ ; T v~v m~'.... , r.. ~ „r.~ ~ °O ~~ C`:: --~ ~~, ~ ~i ~ ~ COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. (p - qQ5 Civi(~rr11( CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE We herby certify the within to be a tr ~h8 lid orl rind filed of record 9 '` p"tTORNEY FILE COPY ~.:` PLEASE RETURN Fae #: 228996 NOTICE You have been sued.in Court. If you wish to defend against the claims set forth in the fallowing 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 andfiling 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 fixrther 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800)990-9108 File #: 228996 1 2 3. 4. 5. Plaintiffis CITIMORTGAGE, INCORPORATED, SB/M TO FIRST NATIONWIDE MORTGAGE CORPORATION 5280 CORPORATE DRIVE, MS 1011 FREDERICK, MD 21703 The name(s) and last known address(es) of the Defendant(s) are: ANDREW W. FRANGE 131 BRIAN DRIVE ENOLA, PA 17025-1565 who is/are the mortgagor(s) and/or real owners} of the property hereinafter described. On 10/02/1998 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CTX MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1487, .Page 865. By Assignment of Mortgage recorded 05/21/1999 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 613, ,Page 681. The mortgage and assignment(s), if any, are mattexs 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. 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 /2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File k: 228996 6. The following amounts are due on the mortgage: Principal Balance $51,309.08 Interest $7,815.73 U 1 /01 /2008 through 02!05/2010 (Per Diem $10.19) Attorney's Fees $650.00 Cumulative Late Charges $484.42 10/02/1998 to 02/05/2010 Property Inspections $328.50 Mortgage Insurance ~'remium / $40.66 Private Mortgage Insurance Costs of Suit and Title Search 550.00 Subtotal $61,178.39 Escrow Credit $0.00 Deficit $1,715.90 Subtotal 1 715.90 TOTAL $62,894.29 7 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) hasihave 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. 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 l 998, 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 File #: 228996 or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. 10. Plaintiffhereby releases ROSE MARIE FRANGE from liability for the debt secured by the mortgage. 11. By virtue of the death of ROSE MARIE FRANGE on 10-3-2007, ANDREW FRANGE became sole owner of the mortgaged premises as surviving tenant by. the entireties. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $62,894.29, together with interest from 02/05/2010 at the rate of $10.19 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclpsure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 [~J'J`rancis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradfard, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id: No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^~ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 228996 LEGAL DESCRIPTYON ALL THAT CERTAIN unit in the property known, named and indentified in the Declaration Plan, referred to below as Westwood Village Condominium located in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, which has heretofore been submitted to the provisions of the Unit Property Act of Pennsylania, Act of July 3, 1963, P.L. 196, by the recording in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, of a Declaration Creating and Establishing Westwood Village Condominium dated January 29, 1975, and recorded on January 29,1975 in Misc. Book 213, page 283, and amended by a certain First Amendment to Declaration Creating and Establishing Westwood Village Condominium dated May 2$, 1976 and recorded on June 22, 1976 in Misc. Book 222, page 729 and a certain Second Amendment to Declaration Creating and Establishing Westwood Village Condominium dated July 21, 1976 and recorded on July 26; 1976 in Misc. Book 223, page 343 and a Code of Regulations of Westwood Village Condominium dated January 29, 1975 and recorded on January 29, 1975 in Misc. Book 213, page 328 and amended by a certain First Amendment to Code of Regulations of Westwood Village Condominium dated May. 28, 1976 and recorded on June 22, 1976 in Misc. Book 222, page 737 and Declaration Plan of Westwood Village Codominium dated January 29, 1975 and recorded on January 29, 1975 in Plan Book 26, page 15 and amended by a certain First Amendment to Declaration Plan of Westwood Village Condominium dated July 21, 1976 and recorded on July 26, 1976 in Plan Book 28, page 72, being designated on such Declaration Plan of Westwood Village Condominium as Unit No. 131, L12, T2A, in Block'3, Building #S, known as 131 Brian Drive, Enola, Pennsylvania, as more fully described in such Declaration Plan and Declaration Creating and Establishing Westwood Village Condominium, as the same appears of record as set forth above, including any amendments thereto. File #: 228996 TOGETHER with a proportionate, undivided interest in the Common elements (as defined in such Declaration) of Nine Hundred Fifty-One Thousandth Per Cent (.951%). B1~ING the same premises which Shirley Shader, Executrix of the Estate of Jack W. Shader, Jr., by Deed dated March 27, 1997 and recorded April 1, 1997 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Baok 155, page 223, granted and conveyed unto Barbara A. Allen. PARCEL NO: 09-12-2992-001A-45131-3 PREMISES: 131 BRIAN DRIVE Filc #: 228996 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 unsworn falsifications to authorities. ~j ~ ~ Attorney for Plaintiff DATE: ~" ~ ~ ~ Fite ~!: 228996 Exhibit "B" - i 228996 ~.. ATp4RN~-,, ~1~~~Y Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, F„sq., id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bxadford, Esq., Id. No. 49849 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. I~To. 86657 Peter J. Mulcahy, Esq., ~d. No. b1791 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 BouIevazd, Suite 1400 One Penn Center Flaza. Philadelphia, PA 19103' 215-563-7000 Attorney for Plain 4n .cr ~--: «='':. .~.. { ~~ ~'~ y N 4 t j q «~ a ~" n ~ N ~~t ...~ ~~ rs~ CITIMORTGAGE, INCORPORATED, SB/M TO FIRST NATIONWIDE MORTGAGE CORPORATION vs. ANDREW W. FRANGE A~~. ~~"~ CNY ~-~ CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-995 CIVIL TERM ~{~( ~~ CQPY P~''~ F~ETt~RN PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against ANDREW W. FRANCE. Defendants} 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: As set forth in Complaint $62,894.29 Interest - 02/06/2010 to 03/25/2010 489.12 TOTAL $63,383.41 I hereby certify that (1) the Defendant's last known address is 131 BRIAN DRIVE. ENOLA. PA 17025-1565, anti (2) that notice has been given in accordance with Rule 237.1, copy attached. ,. Lawrence T. Phel quire Francis S. Hallinan, quire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire ~Sheetal R. Shah-Jan/, Esquire Jenine R Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Say B. Jones, Esquire Peter J. Mulcahy; Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fiiakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 3 io C rxs # zzs~ PROTHONOTAR C Exhibit "C" 228996 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: ANDREW W. FRANGE . Debtor Bk. No. 1:10-bk-03390 MDF CITIMORTGAGE, INCORPORATED, SB(M TO Chapter No. 07 FIRST NATIONWIDE MORTGAGE CORPORATION Movant v. ANDREW W. FRANGE and Respondent LAWRENCE G. FRANK, ESQUIRE (TRUSTEE) Respondents . 11 U.S.C. §362 ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of CITIMORTGAGE, INCORPORATED, SB/M TO FIRST NATIONWIDE MORTGAGE CORPORATION (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 U.S.C. §362 is modified with respect to premises 131 BRIAN DRIVE, ENOLA, PA 17025-1565, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage or take any legal or consensual action enforcement of its right to possession of, or title to, said premises (such actions may include but are not limited to the signing of a deed in lieu of foreclosure or entering into a loan modification agreement) and to allow the purchaser of said premises at Sheriff's Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further; ORDERED that Rule 4001(a)(3) is not applicable and CITIMORTGAGE, INCORPORATED, SB/M TO FIRST NATIONWIDE MORTGAGE CORPORATION may immediately enforce and implement this Order granting relief from the automatic stay. .Ban P ~ud~e tJG~ Dated: June 8, 2010 This document is electronically signed and (fled an the same date. Case 1:10-bk-03390-MDF Doc 17 Filed 06/07/10 Entered 06/08/10 09:58:18 Desc Main Document Page 1 of 1 Exhi it "D" _~ 228996 wl -- s o is t ~aoodiz woa~ a3ubw 0402 LO1~0 9SZLCZb000 Oz~~z~ $ wt z o ~3N~~~ !o ~ ~1s'cia sala'~ N ~, O r v s. b d a ~ a v Q z ~ w O ^~ w ~"' .'~~ ~+ ~ a ~y~y Fri ~ a ,b A ~ a ~ ~ o ~ CA ~ ~ U ~ W .., ~ ~~ ~ ~ zz ¢N° " s ~ ~ ~ ~ . .;, :L br Q `~ ~ a U ~ ^ ; ~ - ~ ~ 3 ~ W z 4 v a~ b p ~ ~ % ~ W -.~ ^/ a iH z a d P, d Q O W F' x H O N w to -~ N ' M ;~ M .~ '~ o r .^...~ Q < G, m ~ ~ '~ ag ~~ ~'o ~ O ,~ N E° h ~ c cn 'o 0 ~Q ,E v ~N ~' J E~~~ ~.s ~.~ . ~ ~~ '~ ~ k c E W a ~e o 0 0 H ~~~ ~~~ r~ ~~~~ o~~. .~ .~ ~ .~ e~g~ b u E y 0 ~ x E W' ffi Ew E ~ v o b ~ ~ m ~ a°i 23~ o ~ a~i ~ C ~'b up .7 d U T La' ;~ G ~ a ~ ~ ~~ .~ ~s .~ ~~ ~~°~. >~sbs O O y'F w w O ~ 0 pNp~~ C ~ (n ~~~ ~~~ ~ ~ .~ ~, ~ q O ai ~ w ~~go ~ ~ o ~~y~a rn N N 0 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey October 7, 2010 ANDREW W. FRANGE 131 BRIAN DRIVE ENOLA, PA 17025-1565 RE: CITIMORTGAGE, INCORPORATED, S/B1M TO FIRST NATIONWIDE MORTGAGE CORPORATION v. ANDREW W. FRANGE Premises Address: 131 BRIAN DRIVE ENOLA, PA 17025 CUMBERLAND County CCP, No. 10-995 CIVIL TERM 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), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by October 12, 2010. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. V Franc S. Hallinan, Esquire D iel G. Schmieg, Esquire ichele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas; Esquire 228996 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 228996 VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: 1~~1~.\~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 228996 Phelan Hallman & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INCORPORATED, SB/M TO Court of Common Pleas FIRST NATIONWIDE MORTGAGE CORPORATION Civil Division Plaintiff CUMBERLAND County v. . No.: 10-995 CIVIL TERM ANDREW W. FRANGE Defendant CERTIFICATION OF SERVICE 228996 I hereby certify that true and correct copies of Plaintiff s Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. ANDREW W. FRANGE ANDREW W. FRANGE 131 BRIAN DRIVE 214 SOUTH STATE ROAD ENOLA, PA 17025-1565 APARTMENT A MARYSVILLE, PA 17053-1332 Phelan Hallinan & Schmieg, LLP DATE: ~ec~~lc-t ~CD 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 228996 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 October 14, 2010 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Representing Lenders in Pennsylvania and New Jersey RE: CITIMORTGAGE, INCORPORATED, S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION v. ANDREW W. FRANGE CUMBERLAND County CCP, No. 10-995 CIVIL TERM Dear Sir or Madam: Enclosed for filing please find Motion to Reassess Damages, Brief in Support thereof, and Certification of Service with regard to the above captioned matter. Kindly return atime-stamped copy of the enclosed in the self-addressed stamped envelope provided for your convenience. Very truly yours, L nce T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire 228996 Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Enclosure cc: ANDREW W. FRANGE 228996 ,. Fd~Fa-QFFlCE 10 2010 ~]F TAE QP(3T~ONOTARY ~~ 2Df~ JC i 2~ PPS 2= QO ~'~1~B~r~L~~~D COUNTY 'II PE~;NSYL~'~~ilA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CITIMOR GAGE, INCORPORATED, SB/M TO Court of Common Pleas FIRST NA IONWIDE MORTGAGE CORPO ION Civil Division Plaintiff ~I ~ CUMBERLAND County v. 'l'~~~~ No.: 10-995 CIVIL TERM ANDREW IIW. FRANGE I Defendant RULE AND N~W, this ~ day of ~~2010, a Rule is entered upon the Defendant to show c~use why an Order should not be entered granting Plaintiffls Motion to Reassess Damages. WiYIr~ l+~i ZU dz`-~ S ~ ~G ~521~ ~ ~ ~S ~! Cl~T Rule Retixrnable , C , BY THE COURT ~--0 0 J. " ~ . ,~ ~~ ~ l~~at~` ~~ 228996 ~. . ~iL~D-tJ~FIC~ ZOIOOC~' 2~3 ~ I~~ R~~ Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INCORPORATED, SB/M TO Court of Common Pleas FIRST NATIONWIDE MORTGAGE CORPORATION Civil Division Plaintiff . CUMBERLAND County v. . No.: 10-995 CIVIL TERM ANDREW W. FRANGE . Defendant CERTIFICATION OF SERVICE 228996 I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of November 10, 2010 was sent to the following individual on the date indicated below. ANDREW W. FRANGE ANDREW W. FRANGE 131 BRIAN DRIVE 214 SOUTH STATE ROAD ENOLA, PA 17025-1565 APARTMENT A MARYSVILLE, PA 17053-1332 Phelan Hallinan & Schmieg, LLP DATE: 1 O ~ •~~ ~(O By: `~~~-.Z~ ^ •ence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ~ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 228996 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INCORPORATED, S/B/M TO CUMBERLAND COUNTY FIRST NATIONWIDE MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff, ; CIVIL DIVISION V. No.: 10-995 CIVIL TERM ANDREW W. IFRANGE Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 31.29.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit an amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or rtified-• it Return Receipt stamped by the U.S. Postal Service is attached hereto ibit" wrence T helan, Esq., Id. No. 3`2227 Francis S allinan, Esq., Id. No. 62695 ? Daniel . 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. abas, Esq., Id. No. 93337 ? Vivek ivastava, Esq., Id. No. 202331 x ? Jay Jones; Esq., Id. No. 86657 ? ter 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 Date: IMPORTAT N TICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale, The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 228996 C t t t a bD v ,r p V ? j Q. N ? ? c J ? r- ? w < {; Y Tom'' - O lB L 3Q03dIZ W08-A C!`nWi U ' F 0402 £z -tnf 9GZLLZb000 c s 09930$ W6 ZO G U U bA s3+u+NU.i C Y Y ` ' c. ?' G o p ? y ? V y ' qSOd SO N v y C1 C _ ? Y. U •O U ?U M Z) ?; ?? J 4 a"ern •; }Y{ U ? ?{ w U U il ?a <i ? vt'r h L I Q i <G a Q U _ w W U9 o' 0 ? O . f, 00 S + +> 7 U . O ? v . er c v v C v, 't7 O ?"+ W N k am y v , v r? '? r t ry c . L L y O O ic c .. ? .!!? . L O N O A bD - (n .,, . 0 Qv.. W O N.O N ?. v O R •?. v y. . ? :'7 N O G :c. }y. ? ? .. Lr? V7 , Q+ ? f`1 +n w M .i. y .'.. G e.. d O > -+ i. h L C f V y v «v+ i. -? ,, ..? L qD y .., O. ?,: .p j '"' 7 ? G.' 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F +> F W W N F a p h 04 w@ Ae d ? >Q xz? ???Av? 0 3- b N?GA V o'no ?U A U ox w ZF??i ?e W 04 Ew? r? x? 0y?y0 ? CL r? d W ao 1 ' ? U ? U -, W? aFtYl OFO. z a d oaw? ?'?w F zz P 3 ? Z b z> pN ON N ? , o ?W 3 Z p,NU U LL W a, U v .a ' - ' ' :? # -X •k -k i -k k -k -X is ? ? % k # '•k ? •K •k •k •k •k •K is X -x % •% F ? N Y :Q . ,.? N M V ilT a t- 00 Q? d cq e rt- r in p. e 'DC C-C F o j O"A- ?0' ,Qa ap?o 'N ,?4 Cov V, Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INCORPORATED, S/B/M TO Court of Common Pleas FIRST NATIONWIDE MORTGAGE CORPORATION Civil Division Plaintiff CUMBERLAND County V. No.: 10-995 CIVIL TERM ANDREW W. FRANGE Defendant MOTION TO MAKE RULE ABSOLUTE 228996 CITIMORTGAGE, INCORPORATED, SB/M TO FIRST NATIONWIDE MORTGAGE CORPORATION, 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 October 15, 2010. 3. A Rule was entered by the Court on or about October 20, 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 October 27, 2010, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of November 10, 2010. 228996 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. Hallinan & DATE: D By: U L ence T. Phelan, E, Id. No. 32227 1. 1- ? F an is S. Hallinan, Esq., Id. No. 62695 ? D 1 G. Schmieg, Esq., Id. No. 62205 ? Mi le M. Bradford, Esq., Id. No. 69849 ? Judi T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 0 Jenne R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 228996 i / 1 t ._. I? 1 1... J l t NOV 16 Ajkj 10: 1,,,) Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INCORPORATED, SB/M TO Court of Common Pleas FIRST NATIONWIDE MORTGAGE CORPORATION Civil Division Plaintiff CUMBERLAND County V. No.: 10-995 CIVIL TERM ANDREW W. FRANGE Defendant CERTIFICATION OF SERVICE 228996 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. ANDREW W. FRANGE 131 BRIAN DRIVE ENOLA, PA 17025-1565 ANDREW W. FRANGE 214 SOUTH STATE ROAD APARTMENT A MARYSVILLE, PA 17053-1332 Hallinan & Schmid, LLP DATE: By: ? a ence T. Plielan, Vq., Id. No. 32227 ? cis S. Hallinan, Esq., Id. No. 62695 ? D 'el G. Schmieg, Esq., Id. No. 62205 ? Mi hele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? $heetal R. Shah-Jani, Esq., Id. No. 81760 [YJenne 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 228996 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INCORPORATED, S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION Plaintiff ATTORNEY FOR PLAINTIFF 17) na Cl) .f m rn 7) rn -- -TI C:) Court of Common Pleas Civil Division CUMBERLAND County V. ANDREW W. FRANGE No.: 10-995 CIVIL TERM Defendant AMENDED MOTION TO MAKE RULE ABSOLUTE 228996 CITIMORTGAGE, INCORPORATED, SB/M TO FIRST NATIONWIDE MORTGAGE CORPORATION, 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: That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on October 15, 2010. 3. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 7, 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 "A". 4. A Rule was issued by the Honorable J. Wesley Oler on or about October 20, 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 "B". 5. The Rule to Show Cause was timely served upon all parties on October 27, 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 "C". 6. Defendant failed to respond or otherwise plead by the Rule Returnable date of November 10, 2010. 228996 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Hallinan & Schmieg, LLP DATE: I III t1 o By: I L encL?T . Plf lan, Esq.; N. No. 32227 ? cis S. Hallman, Esq., Id. No. 62695 r1baniel 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 228996 Exhibit "A" 228996 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey October 7, 2010 ANDREW W. FRANGE 131 BRIAN DRIVE ENOLA, PA 17025-1565 RE: CITIMORTGAGE, INCORPORATED, SB/M TO FIRST NATIONWIDE MORTGAGE CORPORATION v. ANDREW W. FRANGE Premises Address: 131 BRIAN DRIVE ENOLA, PA 17025 CUMBERLAND County CCP, No. 10-995 CIVIL TERM 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), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by October 12, 2010. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Fran S. Hallinan, Esquire X el G. Schmieg, Esquire le M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenne R. Davey, Esquire Lauren R. Tabas, Esquire 228996 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 228996 Lu 7 U Z ?d 201?ti a? a ?g U ?t v? ^ N C a u a,?a C 6 F z?c 6 G .TJ0'jd1Z tVC7Fid 731iaW . Y .: ,. oz5,za l? z .96 10 17 b ? ? 7 8 W W '8 n Z 5 .?'? A In 4) , a Q 154 IA I% ro a ? t d a a EE I 's w w r..,, u Q a cd a as ci W U C7 C4 J L M - i M pp ?t iC M (EU "40 a z{ a i O ?+ N M er h a %lO ON ON 00 N N Exhibit "B" 228996 -?r -}c:? 8 2414 )LED OF THE OU NJ NT '10 N C10),? `1i 1,fASi 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CITIMORTGAGE, INCORPORATED, SB/M TO Court of Common Pleas FIRST NATIONWIDE MORTGAGE CORPORATION Civil Division Plaintiff CUMBERLAND County V.. No.: 10-995 CIVIL TERM. ANDREW W. FRANGE Defendant RULE AND NOW, this 7_ day of 2010, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. 1 "?' ?` -}? tc?t ?b Z.O d2G- ?.J X61 IS [L? ?C'.T,. Rule Returnable C BY THE COURT r - ,< J. V 228996 Exhibit "C" 228996 {?fx3OCT 2B AjiYt, 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 Chrsovalante P. Pliakos, 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 ATTORNEY FOR PLAINTIFF CITIMORTGAGE, INCORPORATED, S/B/M TO FIRST NATIONWIDE MORTGAGE CORPORATION Plaintiff V ANDREW W. FRANGE Defendant Court of Common Pleas Civil:Division ° CUMBERLAND County No.: 10-995 CIVIL TERM CERTIFICAIION OF SERVICE 228996 I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of November 10, 2010 was sent to the following individual on the date indicated below. ANDREW W. FRANGE ANDREW W. FRANCE 131 BRIAN DRIVE 214 SOUTH' STATE ROAD ENOLA, PA 17025-1565 1**APARTMF T A MARYSVILLE, PA 17053-1332 Phelan Hallinan & Schmieg, LLP DATE: L42?"? By: -LOCnic-c T. Phelan, Esq., Id. No. 32227 Q Francis S. Hallinan, Esq., Id. No. 6:2695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. B „Esq., Id. No. 69849 Judith Esq., Id. No. 58745 > Esq., Id. No. 81760 `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 PLADMFF 228996 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 Amended 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. P 12 H? linan & Schmieg, LLP DATE: By: awrence T. Phelan, sa.. Id. No. V cis S. Hallinan, Esq., Id. No. 62695 el G. Schmieg, Esq., Id. No. 62205 hele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 228996 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INCORPORATED, S/B/M TO Court of Common Pleas FIRST NATIONWIDE MORTGAGE CORPORATION Civil Division Plaintiff CUMBERLAND County V. No.: 10-995 CIVIL TERM ANDREW W. FRANGE Defendant CERTIFICATION OF SERVICE 228996 I hereby certify that true and correct copies of Plaintiff s Amended Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. ANDREW W. FRANGE ANDREW W. FRANGE 131 BRIAN DRIVE 214 SOUTH STATE ROAD ENOLA, PA 17025-1565 APARTMENT A MARYSVILLE, PA 17053-1332 PhglHallinan & LLP DATE: By: ? Lawrence T. Phelan, Esq., Id. No. 32227 ? F ciS. Hallinan, Esq., Id. No. 62695 ? anie;sG . S chmieg, 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 228996 PEI, 72010 P ERC ANQ 4 EPA,' YCV481A IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INCORPORATED, S/B/M TO Court of Common Pleas FIRST NATIONWIDE MORTGAGE CORPORATION Civil Division Plaintiff V. ANDREW W. FRANGE Defendant CUMBERLAND County No.: 10-995 CIVIL TERM }.L ORDER AND NOW, this "L 1-1It day of N t? v , 2010, upon consideration of Plaintiff's Ar.7,,, Ji 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 $51,309.08 Interest Through December 8, 2010 $10,920.99 Per Diem $10.19 Late Charges $484.42 Legal fees $1,950.00 Cost of Suit and Title $975.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $1,820.50 Appraisal/Brokers Price Opinion $84.00 Mortgage Insurance Premium / $517.28 228996 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $2,270.61 TOTAL $70,331.88 Plus interest from December 8, 2010 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. Cz I -es M.-U LC #Q4 J.-J)tu IQ . %tbo?f, 7 111-2olto -?Ml 228996 228996 nXT TT TT f?/1T Tin IV