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Home My WebLink About10-1864 FLED-t. i't;; II,r,l.L u. H r y, ARY 1010KAR io All 10: 04 CvI", U`(TY 7"r".ay, n I" ,; 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 232605 LITTON LOAN SERVICING, L.P. 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 Plaintiff V. SHAUN B. TIEDT 1434 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240-9351 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. /C) . I V 6 j/ 464 CUMBERLAND COUNTY d 9a?b??-? File #: 232605 r- 6 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 #: 232605 1. Plaintiff is LITTON LOAN SERVICING, L.P. 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 2. The name(s) and last known address(es) of the Defendant(s) are: SHAUN B. TIEDT 1434 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240-9351 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/17/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR SUNTRUST MORTGAGE, INC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200733819. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2009 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 232605 6. The following amounts are due on the mortgage: Principal Balance $169 467 24 Interest , . 07/01/2009 through 03/10/2010 $9,836.64 (Per Diem $38.88) Attorney's Fees Cumulative Late Charges $650.00 08/17/2007 to 03/10/2010 $457.59 Costs of Suit and Title Search $55 Subtotal Escrow k m $180,961.47 Credit Deficit $0.00 Subtotal $79.62 TOTAL $22.62 $181,041.09 7. Plaintiff is n01 seeking a judgment of personal liability (or an in nertnnam --_____ 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. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 232605 WHEREFORE, Plaintiff demands an in rnm judgment against the Defendant(s) in the sum of $181,041.09, together with interest from 03/10/2010 at the rate of $38.88 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 HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. o. 2227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ZShR. Romano, Esq., Id. No. 58745 Shah-Jani, Esq., Id. No. 81760 Davey, Esq., Id. No. 87077 . 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 #: 232605 ftk? LEGAL DESCRIPTION The land referred to in this Commitment is described as follows: All the following Real Estate lying and being situate in Hopewell Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO 2: BEGINNING at a point in the centerline of Township Road 379 at a corner of lands now or formerly of Billy P. Hrbacek and Mary Jean Hrbacek, his wife; thence by lands now or formerly of Hrbacek, North 09 degrees, 55 minutes, 11 seconds West, 1,299.76 feet to a post; thence by lands now or formerly of Jacob Rice, North 57 degrees 07 minutes 0 seconds East, 356.83 feet to a pin; thence by lands now or formerly of Hrbacek, South 32 degrees 53 minutes 0 seconds West, 446.07 feet to a pin; thence by the same, South 23 degrees 38 minutes 0 seconds West, 446.07 feet to a pin; thence by the same, South 11 degrees 31 minutes 36 seconds East, 915.07 feet to a point in the centerline of Township Road 379; thence by the centerline of said road, North 79 degrees 29 minutes 25 seconds West, 220.42 feet to a point, the place of beginning. CONTAINING 7.925 acres according to survey to survey dated August 9, 1982, by John R. Kissinger, being Lot No. 3 in the Plan of Lots of Robert F. Sachore recorded in Plan Book 42, at page 95. Parcel Number: 11-06-0041-005 PREMISES: 1434 THREE SQUARE HOLLOW ROAD, NEWBURG, PA 17240-9351 File #: 232605 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 r S. Sec. 4904 relating to unsworn falsifications to DATE: File #: 232605 ~,. 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 ,~ndrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 LITTON LOAN SERVICING, L.P. vs. SHAUN B. TIEDT Attorney for Plaintiff n c= ~, :. ~; f: _/ ;. { `r= `--. ,~ _~ -.s G ~,-. ~::~ ,-~» r j Y ._~ :'~ - ; ~ -; -; ;.. _;;;: .~ _~ CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.10-1864-CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against SHAUN B. TIEDT, 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: ~ I~•oo PA A-rYy eke q51 c~i ~ ~fo~kee. ~,dou-~-~ St ~ As set forth in Complaint $181,041.09 Interest - 03/11/2010 to 05/18/2010 $2,682.72 TOTAL $183,723.81 I hereby certify that (1) the Defendant's last known address is 7500 MOLLY PITCHER HWY LOT 69, SHIPPENSBURG, PA 17257-8891, and mortgaged premises located at 1434 THREE SQUARE HOLLOW ROAD, NEWBURG, PA 17240-9351, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ~, "" e% Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire 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 -~ndrew C. Bramblett, Fsquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: __~~ Pxs # a3z6os 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 I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 Attorney for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 LITTON LOAN SERVICING, L.P. vs. SHAUN B. TIEDT CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.10-1864-CIVIL 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 SHAUN B. TIEDT is over 18 years of age and last known address is 7500 MOLLY PITCHER HWY LOT 69, SHIPPENSBURG, PA 17257-8891, and mortgaged premises located at 1434 THREE SQUARE HOLLOW ROAD, NEWBURG, PA 17240-9351. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ,-% .~) ^ 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 ^ C rtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff (Rule of Civil Procedure No. 236) -Revised LITTON LOAN SERVICING, L.P. CUMBERLAND COUNTY vs. COURT OF COMMON PLEAS SHAUN B. TIEDT CIVIL DIVISION No.10-1864-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on 0 By: t 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 ^ 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 ^ Jo ua I. Goldman, Esq., Id. No. 205047 ^ ourtenay 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 FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** LITTON LOAN SERVICING, L.P. COURT OF COMMON PLEAS CNIL DNISON Plaintiff v. SHAUN B. TIEDT NO. 10-1864-CIVIL CUMBERLAND COUNTY Defendant(s) TO: SHAUN B. TIEDT 7500 MOLLY PITCHER HIGHWAY LOT 69 SHIPPENSBURG, PA 17257-8891 DATE OF NOTICE: Apri129, 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. PHS # 232605 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (7 9-3166 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 Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 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 PHS # 232605 LITTON LOAN SERVICING, L.P. COURT OF COMMON PLEAS CNIL DNISON Plaintiff v. SHAUN B. TIEDT NO. 10-1864-CIVIL CUMBERLAND COUNTY Defendant(s) TO: SHAUN B. TIEDT 1434 THREE SQUARE HOLLOW ROAD NEWBURG, PA 1 7240-93 5 1 DATE OF NOTICE: Apri129, 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. PHS # 232605 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (71749-3166 By: Lawrence "I''~1~elan, 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., [d. 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 One Penn Center Plaza Philadelphia, PA 19103 PHS # 232605 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-1864 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LITTON LOAN SERVICING, LP, Plaintiff (s) From SHAUN B. TIEDT (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $183,723.81 L.L.$.50 Interest from 5/19/10 to Date of Sale ($30.62 per diem) -- $6,246.48 Atty's Comm Atty Paid $224.50 Plaintiff Paid Date: 7/9/10 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs Name: SHEETAL R. SHAH-JANI, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 81760 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 LITTON LOAN SERVICING, L.P. Plaintiff COURT OF COMMON PLEAS v. SHAUN B. TIEDT Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 05/19/2010 to Date of Sale ($30.62 per diem) TOTAL 0 #aµ.oo PA A'I't"~ Aa . oo caF 4a. oo ~~ I~.00 a,~ ~ aa~.so - po ,~-cr ~ a. oo ~c~ Co •50 U, Note: Please attach description of property. PHS # 232605 ~~t9~os3io ~~ a y~ ~8 ~~ ~~~~ CIVIL DIVISION NO. 10-1864-CIVIL CUMBERLAND COUNTY $183,723.81 •._ ~~:x~ _, ,. 6 246.48 i ~-~ ~, ~ . T ~. ~_.. f..._.. N C7 0 ~o r •e W ~.J ~~ ~' l J t... $189,970.29 r ~: n .. ..tA ~~ Attorney for PlaintSff.J Phelan Hallinan & Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ dith T. Romano, Esq., Id. No. 58745 [~Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 9462( ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ? t •~ ~~~ :~ a ~o F O~ °' 3 '~ xN ~, a w~ va a H ~ C7 a. Qa~ ~a~ 3 ~pW ~~a Qoa, a x°x ~~~ w~ O~ a W ~ a~ Oa ~~ O U~ O~ o~ UW ~~ ~U a t7 a W O~ a •~ Oa F a ,~ F ~ ~~ H ~ as ~A 0 U W ~ O o ~. w O ~ W ~ ~~ U 0 N ~ 01 ~ ~ ~ Q~ M [~ Y1 V1 ~ I\ M ~, O~ C ~ pp ~ .-~ O b N MNN C~~~MN ~0~0~'7'NN O ~~ p,z o oz oZo~ornN~~z c~ oz~ .tiZZ;bZb o o °~ o z a.z ... `~'~~--ebb ~,ti ..zZZoozbbWb ° Q, wy~,w w ~ ~ ~~~,o J~a wwbW.~y ~~'b ~ww~wW ~~ N ~a;.~ .~ oa+ ~~pq o~ ~ ~ ~ vi~~•~ ~ c ~ a ~E-~xv~~~~AE" > ~ ~ac~ ~C7~U c ~awA~ v~ti~>tia~tiU~°c)¢~ Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 LITTON LOAN SERVICING, L.P. Plaintiff v. SHAUN B. TIEDT Defendant(s) FfLFC_'•~;~= iic~ ./ Attorneys for Plaintiff :~f tr '~^~ ~ ~ ni 1r ?"rte ! -~.. ~!1^... 2010 JJL -9 r~~3 tU~ 27 CUtr~~. ~ ~y~~;~~~ COURT OF COMMON PLEAS Vst CIVIL DIVISION NO.10-1864-CIVIL CERTIFICATION CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. ~. By: Attorney for Plaintiff Phelan Hallinan &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 udith 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 LITTON LOAN SERVICING, L.P. Plaintiff v. SHAUN B. TIEDT Defendant(s) `~F THE e~:~-~ .., { ~G~r,,Ry 26IO.~~i -9 ~~ i~~ ~7 CUP~~~:=:..:. '_;v~"Y COURT OF COMMON PLEAS CIVIL DIVISION NO.10-1864-CIVIL CUMBERLAND COUNTY PHS # 232605 AFFIDAVIT PURSUANT TO RULE 3129.1 LITTON LOAN SERVICING, L.P., 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 1434 THREE SQUARE HOLLOW ROAD, NEWBURG, PA 17240-9351. Name and address of Owner(s) or reputed Owner(s): Name 2. SHAUN B. TIEDT Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 7500 MOLLY PITCHER HWY LOT 69 SHIPPENSBURG, PA 17257-8891 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) UNIFUND CCR PARTNERS UNIFUND CCR PARTNERS C/O FREDERIC I. WEINBERG, ESQ. MICHAEL RHINEHART C/O JAMES M. ROBINSON, ESQ. 10625 TECHWOODS CIRCLE CINCINNATI, OH 45242 1001 E HECTOR STREET, STE 220 CONSHOHOCKEN, PA 19428 28 S. PITT STREET CARLISLE, PA 17013 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) UNDERGROUND STORAGE TANK INDEMNIFICATION BOARD C/O THE PENNSYLVANIA DEPARTMENT OF INSURANCE MANUFACTURERS AND TRADES TRUST COMPANY 901 NORTH 7~ STREET HARRISBURG, PA 17102 ONE M & T PLAZA BUFFALO, NY 14240 UNDERGROUND STORAGE TANK 486 FORUM BUILDING INDEMNIFICATION BOARD C/O HARRISBURG, PA 17120 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ATTN: PROGRAM DIRECTOR 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Addr 'f ddr None. ess (t a ess cannot be reasonably ascertained, please indicate) Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 1434 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240-9351 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA COMMONWEALTH OF PA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 ATTENTION: JOHN MURPHY 6~ FL, STRAWBERRY SQ. DEPT. 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authori 'e June 2010 By. Attorney for Plaintiff Phelan Hallman &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallman, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ udith 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 LITTON LOAN SERVICING, L.P. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. NO.10-1864-CIVIL SHAUN B. TIEDT CUMBERLAND COUNTY Defendant(s) n ~ ` c ~ -r-, NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ; ~? ~ ` ~ ~ ..,~ ~_- TO: SHAUN B. TIEDT (r~' ' ~o ,_z? ~''. ~- ~ 7500 MOLLY PITCHER HWY LOT 69 ` "'- ~ ~ `~ SHIPPENSBURG, PA 17257-8891 ; ~__ -`"' `,~~- ti:_ ~: ~' a ~' -_; * *THIS FIItM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 1434 THREE SQUARE HOLLOW ROAD, NEWBURG, PA 17240-9351 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 $183,723.81 obtained by LITTON LOAN SERVICING, L.P. (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 81230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may ca11215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL the following described real estate lying and being situate in Hopewell Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT N0.2 BEGINNING at a point in the centerline of Township Road 379 at a corner of lands now or formerly of Billy P. Hrbacek and Mary Jean Hrbacek, his wife; thence by lands now or formerly of Hrbacek, North 09 degrees, 55 minutes, 11 seconds West, 1299.76 feet to a post; thence by lands now or formerly of Jacob Rice, North 57 degrees 07 minutes 0 seconds East, 356.83 feet to a pin; thence by lands now or formerly of Hrbacek, South 32 degrees 53 minutes 0 seconds West, 446.07 feet to a pin; thence by the same, South 23 degrees 3$ minutes 0 seconds West, 446.07 feet to a pin; thence by the same, South 11 degrees 31 minutes 36 seconds East, 915.07 feet to a point in the centerline of Township Road 379; thence by the centerline of said Road, North 79 degrees 29 minutes 25 seconds West, 220.42 feet to a point, the place of BEGINNING. CONTAINING 7.925 acres according to survey to survey dated August 9, 1982, by John R. Kissinger, Being Lot No. 3 in the plan of lots of Robert F. Sachore recorded in Plan Book 42, at Page 95. TITLE TO SAID PREMISES IS VESTED IN Shaun B. Tiedt, single man, by Deed from Fred Tiedt, single man, dated 08/17/2007, recorded 08/29/2007 in Instrument Number 200733818. PREMISES BEING: 1434 THREE SQUARE HOLLOW ROAD, NEWBURG, PA 17240-9351 PARCEL NO.11-06-0041-024 PHELAN HALLINAN & SCHMIEG, LLP BY: Vivek Srivastava, Esq . Attorney I.D. No.: 202331 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff LITTON LOAN SERVICING, L.P. vs. SHAUN B. TIEDT Court of Common Pleas Civil Division Cumberland County No. 10-1864-CIVIL MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, moves this Honorable Court for an Order directing service of the Notice of Sale and all future t-, e _- v o G -. ~1 "' s .9 ~'_ -e - ~~. .W- pleadings upon the above-captioned Defendant(s), SHAUN B. TIEDT, by first class mail and certified mail to the Defendant's last known address, 7500 MOLLY PITCHER HWY LOT 69, SHIPPENSBURG, PA 17257-8891 and mortgaged premises, 1434 THREE SQUARE HOLLOW ROAD, NEWBURG, PA 17240-9351, posting of the mortgaged premises, 1434 THREE SQUARE HOLLOW ROAD, NEWBURG, PA 17240-9351, and publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: 1. Attempts to serve Defendant(s), SHAUN B. TIEDT, personally with the Notice of Sale have been unsuccessful. The Plaintiff attempted to serve the Defendant(s) at the mortgaged premises, 1434 THREE SQUARE HOLLOW ROAD, NEWBURG, PA 17240-9351. As indicated by the Affidavit of Return of Service attached hereto as Exhibit ..A.. 2. Pursuant to Pa. R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant(s). An Affidavit of Reasonable Investigation setting forth the specific inquiries j,~ . ~ --, :~.; 4 made and the results is attached hereto as Exhibit "B". 3. Plaintiff contacted the Prothontary's Office and as of August 4, 2010, no Judge has previously entered a ruling in this case. 4. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant(s) on JULY 27, 2010 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant(s). A true and correct copy of Plaintiff's JULY27, 20101etter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 5. Plaintiff has reviewed its internal records and has not been contacted by the Defendant(s) as of July 27, 2010 to bring loan current. 6. Plaintiff submits that it has made a good faith effort to locate the Defendant(s), SHAUN B. TIEDT, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Notice of/~ale by first class mail, certified mail, by posting of the premises and by publication. Respectfully s d Phelan Halli c 'es, LLP By: Vivbk Sr'i~stava, Esq . Attorneys for Plaintiff August 4, 2010 5 ~`~-~yle AFFIDAVIT OF SERVICE /~/q PLAINTIFF ~~'` ~ CUMBERLAND COUNTY LITTON LOAN SERVICING, L.P. • ~ PHS # 232605 DEFENDANT SERVICE TEAM/ kzc SHAUN B. TIEDT COURT NO.: 10-1864-CIVIL SERVE SHAUN B. TIEDT AT: TYPE OF ACTION 1434 THREE SQUARE HOLLOW ROAD XX Notice of Sheriff s Sale NEWBURG, PA 17240-9351 SALE DATE: 12/08/2010 SERVED Served and made known to SHAUN B. TIEDT ,Defendant on the _ day of , 20 _, at o'clock _. M., at , in the manner described below: _ Defendant personally served. _ Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. ~ _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. _ Other: Description: Age Height Weight Race Sex Other I, , a competent adult, being duly sworn according to ]aw, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of , 20_. Notary: By: NOT SERVED On the day of ~U N E , 2014 , at 11: o'clock/. M., Defendant NOT FOUND because: _ Vacant _ Bad Address _ Moved ~ Does Not Reside (Not Vacant) _ No Answer on at at Service Refused ; , Other: Sworn to and sub cy-Ibed before~le this 2 ~~• day of JUNG , 20 B : Nota ~PI~ 1 ~~~~~~" "' ATTO PLAIIVTIFF KIMBERLY CURTY NOTARY PUBLIC STATE OF T}EW 3ERSEY MY COMMISSION EX'~iRES MARCH 7, 2013 lawseo~e T. Phelan, Esq„ Id No. 32227 Franck S.IlalBnan, Esq., Id. No. 62695 Dank) G. Schmieg, Esq., hi. No.62205 Michele M. Bradford, Esq„ Id. No.69849 Judkh T. Romano, Esq„ Id No. 58745 Sheelal R Shah-Jani, Eaq„ Id Nw 81760 Janine R Davey, Esq., Id. Na 87077 l.anren R Tebas, Esq., Id. No.93337 Vivek SNvaatave, Esq„ Id. No. 202331 Jay B. Jones, Fe4, b. No. 86657 Peter J. Muhxhy, Esq., Id No. 61791 Andrew L Spivack, Esq., hl. No. 84439 Jenne McGdnnesa Esq., Id. Na 90134 Chrkovaknte P. FBakos, Esq., Id. No. 94620 Jashm 1. Goldman, Esq„ Id. No. 205047 Coorfemy R Dunn, Esq., Id No. 206779 Andrew C. Brambhxt, Fes„ Id. No. 20Bi'15 One Penn Center at Sub Station 1617 John F. Kennedy BNd„ SuBe 1400 Philadelphia, PA 1910318/4 (215) 563700D ~ Res I Q ~N T ~81IR8F~- (,E-~-) PRoy-,DEo v€r~ ~~MT Is SIS~ (164•Gb. b$~,o~ . Ig ~~til AFFIDAVIT OF SERVICE ~/~~ PLAINTIFF - CUMBERLAND COUNTY LITTON LOAN SERVICING, L.P. PHS # 232605 DEFENDANT SERVICE TEAM/ lace SHAUN B. TIEDT COURT NO.: 10-1864-CIVIL SERVE SHAUN B. TIEDT AT: TYPE OF ACTION 7500 MOLLY PITCHER HWY LOT 69 XX Notice of Sheriff s Sale SHH'PENSBURG, PA 17257-8891 SALE DATE: 12/08/2010 SERVED Served and made known to SHAUN B. TIEDT ,Defendant on the _ day of , 20 _, at o clock _. M., at , in the manner described below: _ Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. Other: Description: Age Height Weight Race Sex Other I, , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of , 20_. Notary: ~ By: p ~ ~,~t' NOT SERVED On the ~o day of S~ NQ' , 20~ at ~ o'clock ~M., Defendant NOT FOUND because: _ Vacant Bad Address Moved Does Not Reside (Not Vacant) ~No Answer on ~/o~l~t 3~ 6 O at i 10 awl Service Refused ~ ~ ~ ~ _ Other: Sworn to and sub before a this ay of N~ _ By: Notary: ~~ NOTARWL SEAL LUCILLE H. CARTY Notary Public LETTERKENNY TWP, FRANKLIN COUNTY My Commla:ion Explrea Nov 10, 2011 ATT LAIIVTIFF Lawrence , Esq» b. No. 3222'7 Fronds S. 11a81nan, Esq» Id. No. 62695 Daniel G. ScMd,g, Evq» >d. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Ro„®no, Esq„ Id No. 58745 Shatal R SIB-Ja,d, Esq„ Id. No. 81760 Jenh,e R Davey, Esq., W. No. 87077 Lauten R Tahas, Esq.. (d. No. 93337 Vivek Srivastava, Evq„ Id. No. 202331 Jay B. Jones, Esq„ Id. No.86657 Peler J. Mulcahy, Esq., Id. No. 61791 Andrew L Spivack, Esq., Id. No. 84439 Jaime McGuhmeas, Ewl„ Id. No. 90134 Chrbowkrde P. FSakoe, Esq„ Id. No. 94620 Jash® I. CoWmao, Evq„ NL No. 205047 Coarlamy R Dunn, Esq, Id. No.206779 Andrew C. BrambklSt~Faq»~. No. 20Ri75 One Pena Curter at Station 1617 John F. Kennedy Bhd„ Suite 1400 PhiladelPlda, PA 191031814 tzls) s63.7o00 ~~ '~i AFFIDAVIT OF GOOD ~A1TH INVESTIGATION v~,- File Number: 232605 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Shaun B. Tiedt Property Address: 1434 3 Square Hollow Road, Newburg, PA 17240 Possible Mailing Address: 1434 North Harmon Road, Newburg, PA 17240 I, being duly sworn according to law, do hereby depose and state as follows, an investigation into the whereabouts of the above-noted individual(s) was conducted and the following has been discovered: I. CREDIT INFORMATION A. SOCIAL SECURTTY NUMBER Our search verified the following information to be true and correct Shaun B. Tiedt - xxx-xx-6860 B. EMPLOYMENT SEARCH Shaun B. Tiedt - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDTTORS Our inquiry of creditors indicated that Shaun B. Tiedt reside(s) at: 1434 North Harmon Road, Newburg, PA 17240. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases, which had no listing for Shaun B. Tiedt. B. On 03-03-10 our office searched directory assistance databases, which had no phone number for Shaun B. Tiedt. III. INQUIRY OF NEIGHBORS On 03-03-10 our office made several phone calls in an attempt to contact William C. Singer (717) 423-5122,1169 Three Square Hollow Road, Newburg, PA 17240: answering machine. On 03-03-10 our office made a phone call in an attempt to contact Tiffany G. Black (717) 423-6990,1171 Three Square Hollow Road, Newburg, PA 17240: disconnected. On 03-03-10 our office made several phone calls in an attempt to contact Mabel J. Koser (717) 423-5127,1482 Three Square Hollow Road, Newburg, PA 17240: no answer. On 03-03-10 our office made a phone call in an attempt to contact Marvin E. Kelley (717) 423-6211,1429 North Harmon Road, Newburg, PA 17240: spoke with an unidentified male who could not confirm that the subject reside(s) at 1434 North Harmon Road, Newburg, PA 17240. tii ei~ On 03-03-10 our office made several phone calls in an attempt to contact Jacob W. Hershey (717) 423-6436,1437 North Harmon Road, Newburg, PA 17240: answering machine. On 03-03-10 our office made a phone call in an attempt to contact Pauline M. Singer (717) 423-5492,1453 North Harmon Road, Newburg, PA 17240: spoke with an unidentified male who could not confirm that the subject reside(s) at 1434 North Harmon Road, Newburg, PA 17240. TV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 03-03-10 we reviewed the National Address database and found the following information: Shaun B. Tiedt -1434 North Harmon Road, Newburg, PA 17240. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: 1434 North Harmon Road, Newburg, PA 17240. V. OTHER INQUIRIES A. DEATH RECORDS As of 03-03-10 Vital Records and all public databases have no death record on file for Shaun B. Tiedt. VI. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Shaun B. Tiedt -10-1978 B. A.K.A. Shaun Lehman * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the p ,hies of 8 Pa C.S. Sec. 4904 relating to unsworn falsification to authorities. AFFIA '~G~L ~ ~C .- Sworn to and subscribed before me this day of ` 2010. ENiD ESTRADA NOTARY FUBLiCOF NEWJB~SEY Camni~ion 12/~6J2011 The above information is obtained from available public records and we are only liable for the cost of the atfidavi ~XH~BlT C PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza of Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail Kristin.Cooke@fedphe.com Kristin M. Cooke, 1271 Representing Lenders in Service Department Pennsylvania and New Jersey July 27, 2010 SHAUN B. TIEDT 1434 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240-9351 RE: LITTON LOAN SER VICING, L. P. vs. SHA UN B. TIEDT and Premises Address: 1434 THREE SQUARE HOLLOW ROAD, NEWBURG, PA 17240- 9351 Cumberland County, No. 10-1864-CIVIL Deaz Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by AUGUST 3, 2010. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. 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PHELAN HALLINAN & SCHMIEG, LLP BY: Vivek Srivastava, Esq . Attorney I.D. No.: 202331 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff LITTON LOAN SERVICING, Court of Common Pleas L.P. Civil Division vs. Cumberland County SHAUN B. TIEDT No. 10-1864-CIVIL MEMORANDUM OF LAW Pa. R.C.P. 430 specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant(s) and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. (b) (1) If service of process by publication has been authorized by rule of civil procedure or order of court, the publication shall be by advertising a notice of the action once in the legal publication, if any, designated by the court for the publication of legal notices and in one newspaper of general circulation within the county. The publication shall contain the caption of the action and the names of 6 the parties, state the nature of the action and conclude with a notice. (b) (2) When service is made by publication upon the heirs and assigns of a named former owner or party in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the complaint or an affidavit that they are unknown. As indicated by the attached Affidavit of Return of Service, marked hereto as Exhibit "A", the Plaintiff has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant(s) has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Notice of Sale by first class mail, certified mail, by posting of the mortgaged premises and by publication pursuant to Pa. R.C.P. 430. Phelan H Schmieg, LLP By: Vivek rivastava, Esq . Attorney for Plaintiff Date: August 4, 2010 7 VERIFICATION The undersigned hereby states that he is the Attorney for the Plaintiff . in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Phelan Hal Schmieg, LLP By: Vivek Sriva sq . Attorney for Plaintiff August ~j , 2010 8 PHELAN_HALLINAN & SC~IlVIIEG, LLP BY: Vivek Srivastava, Esq . Attorney I.D. No.: 202331 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 LITTON LOAN SERVICING, L.P. vs. SHAUN B. TIEDT Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No.10-1864-CIVIL CERTIFICATION OF SERVICE I hereby certify that a copy of the Motion for Service Pursuant to Special Order of Court, Memorandum of Law, proposed Order and attached exhibits have been sent to the individual(s) as indicated below by first class mail, postage prepaid, on the date listed below. SHAUN B. TIEDT: 1434 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240-9351 The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. 4904 relating to un-sworn falsification to authorities. Respectfully sub ed, Phelan Ha1~~~~.chmieg. LLP By: Vi~jEk ~5rivastava, Esq . Date: August ~ 2010 Attorney for Plaintiff 9 a ,~ AUG 10 2010 3 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LITTON LOAN SERVICING, L.P. vs. SHAUN B. TIEDT Civil Division No. 10-1864-CIVIL ORDER AND NOW, this ~ = day of 2010, upon consideration of Plaintiff s Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Notice of Sale and all future pleadings on Defendant(s), SHAUN B. TIEDT, by: 1. Posting of the premises: 1434 THREE SQUARE HOLLOW ROAD, NEWBURG, PA 17240-9351. 2. First class mail to SHAUN B. TIEDT at the last known address, 7500 MOLLY PITCHER HWY LOT 69, SHIPPENSBURG, PA 17257-8891, and the mortgaged premises located at 1434 THREE SQUARE HOLLOW ROAD, NEWBURG, PA 17240-9351; and 3. Certified mail to SHAUN B. TIEDT at the last known address, 7500 MOLLY PITCHER HWY LOT 69, SHIPPENSBURG, PA 17257-8891 and the mortgaged premises located at 1434 THREE SQUARE HOLLOW ROAD, NEWBURG, PA 17240- 9351; and 4. Publication in accordance with PA. R.C.P. 430. y />~1 232605-KXC ~ ` g~rzj~v ~.( ~1 1 2 T: J. Cc: SHAUN B. TIEDT and 1434 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240-9351 232605-KXC Phelan Hallinan & Schmietg LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Halligan, Esq., Id. No. 62695 Daniel G. Schmiegg, 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. .87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq. Id. No. 202331 Jay B. Jones, Esq. Id. fio. 86657 Peter J. Mulcahy, tsq., 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. Brwnblett, Esq.; Id No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 LITTON LOAN SERVICING, L.P. Plaintiff, V. SHAUN B. TIEDT Defendants FILED-OFFICE OF THE PROTHONOTARY 2010 OCT 12 AM 10: 2-5 rUMBEfYLAND COUNT`` I'ENINSYLYA NIA CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-1864-CIVIL VERIFICATION OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to SHAUN B. TIEDT on AUGUST 24, 2010 in accordance with the Order of Court dated AUGUST 12, 2010. The property was posted on AUGUST 30, 2010. Publication was advertised in THE SENTINEL on AUGUST 25, 2010 & in CUMBERLAND LAW JOURNAL on SEPTEMBER 3, 2010. 1 The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. 4904 relating to the unsworn falsification to authorities. PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Francis S. Hallinan, E Daniel G. Schmieg, E Michele M. Bradford, Judith T. Romano, Es Sheetal R. Shah-Jani, Jenine R. Davey, Esq Lauren R. Tabas, Esq Vivek Srivastava, Esc Jay B. Jones Esquire Andrew L. S?pivack, I Peter J. Mulcahy, Esc Jaime McGuinness, E ChrisovaI to P. Flial Joshua I. Goldman, E Courtenay R. Dunn, Es ,/Andrew C. Bramblett, Attorneys for Plaintif ., Id. No. 84439 Esquire sire Id No. 206779 I., Id No. 208375 Dated: October fl, 2010 - -'', AUG 10 2010 3 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LITTON LOAN SERVICING, L.P. Civil Division VS. No. 10-1864-CIVIL SHAUN B. MDT ORDER AND NOW, this r day of 2010, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is hereby-ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Notice of Sale and all future pleadings on Defendant(s), SHAUN B. TIEDT, by: 1. Posting of the premises: 1434 THREE SQUARE HOLLOW ROAD, NEWBURG, PA 17240-9351. 2. First class mail to SHAUN B. TIEDT at the last known address, 7500 MOLLY PITCHER HWY LOT 69, SHIPPENSBURG, PA 17257-8891, and the mortgaged premises located at 1434 THREE SQUARE HOLLOW ROAD, NEWBURG, PA 17240-9351; and 3. Certified mail to SHAUN B. TIEDT at the last known address, 7500 MOLLY PITCHER HWY LOT 69, SHIPPENSBURG, PA 17257-8891 and the mortgaged premises located at 1434 THREE SQUARE HOLLOW ROAD, NEWBURG, PA 17240- 9351; and 4. Publication in accordance with PA. R.C.P. 430. J. 232605-KXC 2 PLAINTIFF LITTON LOAN SERVICING, L.P. PHS # 232605 ,?4 DEFENDANT SHAUN B. TIEDT SERVE SHAUN B. TIEDT AT: 1434 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240-9351 ***PLEASE POST PER COURT ORDER*** SERVED Served and made q known to SHAUN B. TIEDT , Defendant on thej?v day of VOIA S7 , 2010, at 02 , o'clock 4 M., at 1434 7jfa 5vi,4 a }n Ro, in the manner described below: - Defendant personally served. N EwbURbl F4. - Adult family member with whom Defendant(s) reside(s). Relationship is _ _ Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). - Agent or person in charge of Defendants office or usual place of business. an officer of said Defendant's company. ?Other: p=a - AFFIDAVIT OF SERVICE CUMBERLAND COUNTY SERVICE TEANV kxc COURT NO.: 10-1861-CIVIL TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: 12/08/2010 Description: Age n. Height Weight _ Race Sex Other _ 1, 1?0N41?o /VWU a competent adult, being duly sworn according to law, depose and state that I personally pas7f0 .banded a true and correct copy of the Notice-of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before jnee this _34rt, day of /.1UCr .20L4 P ft a t40 NOTSERVED _ o'clock M., Defendant NOT FOUND because: KIMBERLY CORTY NOTARY PUBLIC STkfE OF NEW ;ERSEY RY t? '1; '15510N E.%ARF.S MARCH 7, 2013 On thfJ ?I , 20_. at V 'r / Does Not Exist - Moved _ Does Not Reside (Not Vacant) No Answer o?( at at _ Service Refused Other: Sworn to and subscribed before me this day of 7W By: Notary: ATTORNEY FOR PLAINTIFF l -mw T. Pbelun, Esq, Id. Na 3:17 Francis S. Ha66uu% Fay, M. N. 62695 Dank! G. Sehnira, Fag„ k1. N4.62205 Mkb,k hi. BrrlW, Fay., Id. N- W49 Judith T. lkunruno. Enq, Id. Ne. 58745 ShMW R Sbuh•Junt, Fay, Id. Nw 81760 J,%iae R. Darcy. Esq., Id. Nu. 87877 1- R. Tubas. Fay., Id. Nu. 93337 VMek Srinslara, F_sq, Id. Nu. 202331 Jay B. Jmns, Esq, id. N. 86651 &W J. Mulawky, &4, W N. 61791 Aua-LSPWuch. Ns id. Nu, 844" Jai- MCCWrinas. Faq, Id. No. 90134 Ch isavaYMe P. Fl idws, Esq., Id. Nu 97620 Joshua 1. i:uN-4 Esy„ Id. N. 205077 Cunrtenuy R. Dung Eq, W. N. 206779 Andrew C. Sn ibkls, Faq, Id. No. 208.775 One Penn Censer at Subwkuo Sndlun 1617 Jabs F.1Cnnedy Blvd, Suite 1400 MAKklithia. PA 191031814 121515637000 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland James Kleinklaus, Director of Sales and Marketin?, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881., since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): August 25, 2010 COPY OF NOTICE OF PUBLICATION NOTICE OF SHERIFF'S SALE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-1864-CIVIL LITTON LOAN SERVICING, L.P. VS. SHAUN B. TIEDT NOTICE TO: SHAUN S. TIEDT NOTICE OF SHERIFF'S SALE OF REAL PROPERTY" Being Premises: 1434 THREE SQUARE HOLLOW ROAD, NEWBURG, PA 17240-9351 Being In HOPEWELL Township, County of CUMBERLAND Commonwealth of Pennsylvania Parcel Number 1: 11-06-0041-024 Improvements consist of residential property. Sold as the property of SHAUN B. TIEDT Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. ?.?;%1 Your house (real estate) at,1434THREE SQUARE HOLLOW ROAD. pA 17240-9351 Is scheduled to be sold at the Sheriffs Sale on Sworn to and subscribed before me this IL ZQ_IQ at 10:00 Ab& at the CUMBERLAND County Courthouse to enforce the Court Judgment of 5183.723.81 obtained by, ( "1 LITTON LOAN SERVICING. L.P. (the mortgagee), against the above L? i?" J1{ + O premises: I 1 p ?' I . PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff Notary Public My commission expires: NOTARIAL SEAL BAMBI ANN HECKENDORN Notary Public CARLISLE BOROUGH, CUMBERLAND CNTY My Commission Expires Jan 27, 2014 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz September 3, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. 'sa Mane oyne, E 'tor SWORN TO AND SUBSCRIBED before me this 3 day of September. 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS NOWY Pubk [CARLU LEBOROUGH. CUMBERLAND COUNN COW*W" EXPW4*Apr 21.2014 ?e n r CD z r. A w N G oo ?] 01 lJ? A W N a c$ 0. ? iF iF 9F 1F 1F iF 'IF i! 1F iF !F iF ih M iF iF 1F iF iF iF /F iF dF iF * * M IF 1F dF iF dF • ? w s A ?+ iF iF 'IF dF iF # it iF ,? dF iF • CD ' z z w N ~ 1 o a Crj -3 > ?-? O > q y ? O ro 0 N S?Pses PC at, j wry Bovw, M 02 1M ?j?- 0 0 2 1 i., o 004277256 MAILED FROM ZIPCOD ? E 19103 ~'am ag ? y m , ? O ? ? yry 'd a Z mc?x o? w? e R? e ? 0 0 7178 2417 6099 0065 2365 4 / KXC RESTRICTED DELIVERY SHAUN B. TIEDT 1434 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240-0000 --fold here (regular) -- fold here (6x9) --fold here (regular) IInIIN I?? I?IINV 7178 2417 6099 0065 2372 4 / KXC RESTRICTED DELIVERY SHAUN B. TIEDT 7500 MOLLY PITCHER HWY LOT 69 SHIPPENSBURG, PA 17257-0000 --fold here (regular) -- fold here (6x9) --fold here (regular) USPS - Track & Confirm Track Confirm Search Results Page 1 of P Home I Heig I §ign In Track & Confirm Fads Label/Receipt Number: 7178 2417 6089 0065 2372 Expected Delivery Date: August 25, 2010 rack & Confirm - Class: First-Class Mail® Enter Label/Receipt Number. Service(s): Return Receipt Electronic Status: Delivered - GO Your item was delivered at 10:36 am on September 16, 2010 in PHILADELPHIA, PA 19103. Detailed Results: • Delivered, September 16, 2010,10:36 am, PHILADELPHIA, PA 18103 « Notice Left, September 15, 2010,1:36 pm, PHILADELPHIA, PA 19103 « Unclaimed, September 11, 2010,12:33 pm, SHIPPENSBURG, PA • Notice Left, August 26, 2010,11:08 am, SHIPPENSBURG, PA 17257 • Acceptance, August 24, 2010,11:25 am, PHILADELPHIA, PA 19102 « Electronic Shipping Info Received, August 23, 2010 Nof ation Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. 'nBe> j Return Receipt (Electronic) Verify who signed for your item by email. (So> Site a Customer Service Fortes Govt Services Careers Copyrights 2010 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA Privacy Policy Terms of Use Business Customer Gateway t,"- //trkcnfrm l . smi.usps.com/PTSInternetWeb/InterLabelInquiry. do?strOrigTrackNum=7... 10/6/2010 USPS - Track & Confirm Track & Confirm Search Results Page 1 of 1 Home I + i I Sign l Track & Confirm FA Qs Label/Receipt Number: 7178 2417 6099 0065 2365 Expected Delivery Date: August 25, 2010 Tra0k & Confirm Class: First-Class Mail® Enter Label/Receipt Number Service(s): Return Receipt Electronic Status: Delivered Ge > Your item was delivered at 11:47 am on September 20, 2010 in - PHILADELPHIA, PA 19101. Detailed Results • Delivered, September 20, 2010,11:47 am, PHILADELPHIA, PA 19101 Unclaimed, September 14, 2010, 9:06 am, SHIPPENSBURG, PA Notice Left, August 28, 2010, 9:59 am, SHIPPENSBURG, PA 17257 Acceptance, August 24, 2010,11:26 am, PHILADELPHIA, PA 19102 • Electronic Shipping Info Received, August 23, 2010 Notification Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. `Ses Return Receipt (Electronic) Verify who signed for your item by email (' 9 to Ma Customer service Forms Gov't Services Careers Privacy Policy Terms of Use Business Customer atewav Copyright0c 2010 LISPS. All Rights Reserved. No FEAR Act EEO Data FOiA I,++--//4rircnfrm l _stni.uses.com/PTSIntemetWeb/InterLabellnquiry.do?strOrigTrackNum=7... 10/6/2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LITTON LOAN SERVICING, L.P. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. SHAUN B. TIEDT Defendant(s) CIVIL DIVISION' No.: 10-1864-CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mail ng orm 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service i atta ed hereto Exhibit "A". ) Date: ? % ?o awre f?T. Phelan, sq., Id, io. 32227 F ancis S. Hallinan, Esq., I/No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 ichele M. Bradford; Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 55745 heetal R. Shah-Janis Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 [] Vivek Srivastava, Esq., Id. No: 202331 0 Jay B. Jones; Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61191 ? 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 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold' in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 232605 I C I 0.. O ?o bA ? ? N ?o ? w J ? U a. " O t ? V :c1 v? 'L7 zQc T a T ? ? sn 0 L5 L 3(703d1Z VgO0 f3 (1311VVV OLOZ SO F oF C . AON 92ZLLZbOoo % r ?? x:. J? L6 -J-N !, 70 C = G R -o . s3nnos .?3ui?d -_ F p v t3b, ? r t <c p T [J j. 4iC F G I I J ? ? E v, ? m V U U v TJ 1 I (r r ? I I' ° N y p ?n U U ? . L i ? ? _ p ry W G y I , o ,n r n N rn L - I ., O rH 2 'ca F 7 = J ? _ Cc vl. -' U C) O LT? r / ? I I . ? y ? O. i I I I L C ? C ' L. d _ U Q ? I CC L [^ CZ U d fl. v p .- E.,, Z Q F .? W 1 . I u o v a. .. a N - d G. Z d z w d w l i F .= a y A? t/ d?0. O? Q d F Q'wr 3 ?? m ? F. CL d O U E"' I a. cc O ?n ` C `° > ?' L U 0 a, k .?'i. p C'" d > doo G...? - .? , C? F. N Q c z O Q' ? O .? 7_ ?n CC L;, O G7 Z U i ' . C a 0 ?+ - Um.1 OQ=?1 OWp, w? a? Qr d o _ rll E..wo zCLN d U oaL. +.U'_° G . L R°oN C N ?O? E"'?QZWd `?'O? y !? . 4 L LAN ' oa? :?p?- pati o' w d o `° ? ' ?. d Z L 3 {? z d z FC7 `? E- 0 ,c 1 C j ?'a ?"1 m Q a. - UU ,; p. o . ? C 'n = ?, °d n c ern w -U w 7dCG U¢W ? I Uoc d w v x p° z ?"' a-C c ? C7 cG? , p aW c p? H?c„ z;? dCG „ ?dwO ? I? L ce ] w GG U L^ 7 ? z. a> o m 7 • n , z . b 3 ? H Q z w ? ? x 0d zLe rz., ?'z?l w , W F? rn o n? c . v? ? ' ZE -? d"=' zzo :) a o.? = E-wa3? 'O?' a z Z Q UC j .K. -K 1 I ? I Y -c N M V it = a o o bA tlJ c ??a o a`?.`O0a t ? to r ?? v zoo E 4 r 5 , 3Qo^ d!Z vjo8j 0311V d? t ass MZ SOACI\J ss?l? 0 V?l voz o 4} ?+ ? r o ti r? o 5 ?! 53AM108 h3Niid ? td c> O `n CJ N -- - - ? l d ;G O _ u 2 j - O q O - _ G 2J O ?5 - y U N ? -O CJ _ G ti G y -O N O ai ? O 7 p ? O O U ? G 'D O v? :J ? y hl ] v, °•?o v o n ai O O -n O O Vi _- _ f- w l(j N y _ - G ? m v o I M I ? L ..a U W w ? ? Q z' w o. O; ? o 4.1 z W U ? L7 O N d WD y d A i z U n z W C, o ? ? a dA ? ? ? WE?o W ? ? QCF^z, ?? o p porgy F,z..'U;?E ? p.0 W ? W o. v?p?r.=.,WVL1Q F G ?' ?? ? UZ? c ? „ ULa vd oU wAO V y ?? Z'G• ? O GQz, W W U3 W?? zip U =o ?oz . . 3b A c W ?. .?. V ?r + G N U? ?3:? U. ?..ZU OOCLM?r CL F-o cG :n ? U ?n ? O FFXE ®r THE P- ? F?'O TA rA Y 20"ODEC21 PM 1:37 C"JIMBERLAND Cook -' PE'NSYL. /ANIA PHELAN HALLINAN AND SCHMIEG, L.L.P. BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO. 93337 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 LITTON LOAN SERVICING, L.P. V. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County SHAUN B. TIEDT No.: 10-1864-CIVIL Defendant EMERGENCY MOTION FOR POSTPONEMENT OF SHERIFF'S SALE Plaintiff, by its counsel, Phelan Hallinan and Schmieg, L.L.P. petitions this Honorable Court for a three month postponement of its Sheriff s Sale scheduled in the above captioned matter and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property known as 1434 Three Square Hollow Road, Newburg, PA 17240-9351 involved herein has been scheduled for January 5; 2011. 2. Plaintiff wishes to postpone the Sheriff Sale in accordance with a voluntary "moratorium" on foreclosures. 3. Unless the Court grants this order to postpone the Sheriff Sale, the Plaintiff will have to re- advertise the property in furtherance of Pa.R.C.P. 3129.2 which will result in additional costs to the parties. 4. A brief postponement of the Sheriff s Sale will not prejudice Defendant and will, in fact, inure to his benefit. WHEREFORE, Plaintiff respectfully requests that the Sheriff's Sale of the mortgaged premises be continued to April 6, 2011. LAUREN R. TABAS, ESQUTR ATTORNEY FOR PLAINTIFF PHELAN HALLINAN AND SCHMIEG, L.L.P. BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO. 93337 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 LITTON LOAN SERVICING, L.P. Plaintiff V. SHAUN B. TIEDT Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-1864-CIVIL PLAINTIFF'S MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 3129.3 provides for the postponement of a Sheriffs Sale of real property by special order of Court. In the case sub judice, a Sheriffs Sale of the mortgaged premises has been scheduled for January 5, 2011. However, a three month postponement is requested in observance of the voluntary foreclosure moratorium. Inasmuch as the postponement will inure to the benefit of the Defendant, Defendant will not be injured by the granting of the relief requested. Accordingly, Plaintiff respectfully requests a three month continuance of the Sheriff s Sale of the mortgaged premises to the April 6, 2011 sale. ; Y SUBMITTED: LAUREN R. TABAS, ESQUIR ATTORNEY FOR PLAINTIFF L.L.P. VERIFICATION LAUREN R. TABAS, ESQUIRE, hereby states that she is the attorney for the Plaintiff in this action, that she is authorized to take this verification, and that the statements made in the foregoing Emergency Motion for Postponement of Sheriffs Sale are true and correct to the best of her knowledge, information and belief. The undersigned also understands that this statement herein is made subject to the penalties of 18 Pa. Sec. 4904 relating to unsworn falsification to Date: / qZJ 10 11 A--A ? REN R. TABAS, ATTORNEY FOR PL PHELAN HALLINAN AND SCHMIEG, L.L.P. BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO. 93337 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 LITTON LOAN SERVICING, L.P. Plaintiff V. SHAUN B. TIEDT Defendant CERTIFICATION OF SERVICE ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-1864-CIVIL, I, LAUREN R. TABAS, ESQUIRE, hereby certify that a copy of the Emergency Motion for Postponement of Sheriffs Sale relative to the above matter and Memorandum of Law has been sent to the individual indicated below on December 20, 2010. SHAUN B. TIEDT 7500 MOLLY PITCHER HWY LOT 69 SHIPPENSBURG, PA 17257-8891 SHAUN B. TIEDT 1434 NORTH HARMON ROAD NEWBURG, PA 17240-9133 SHAUN B. TIEDT 1434 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240-9351 Date: 1 6 ATTORNEY FOR PLAINTIFF FILED-OFFICE THE PROT, ONE Y 1 I JAN -4 AM 9: 02 CUMBEIRLAND COUNTY PENNSYLVA i"if LITTON LOAN SERVICING, L.P. Plaintiff V. SHAUN B. TIEDT Defendant ORDER DEC 2 2 2010 Court of Common Pleas Civil Division CUMBERLAND County No.: 10-1864-CIVIL GA zoo" AND NOW, this 3 day of Ommiber, 2014, after consideration of Plaintiff's Emergency Motion for Postponement of Sheriffs Sale of the mortgaged property known as 1434 Three Square Hollow Road, Newburg, PA 17240-9351, it is hereby ORDERED that the said sale is extended three months to the regularly scheduled Cumberland County Sheriffs Sale dated April 6, 2011. No further advertising or additional notice to lienholders or Defendant is required, however the Sheriff is directed to announce the continuation to the assembled bidders and Plaintiff is to forward a copy of this Order to Defendant via first class mail. HE COURT: J. cc: Sheriff of Cumberland County- in bin ? Lauren R. Tabas, Esquire ? Shaun B. Tiedt ( a,( 00 j qj,, 232605 DEC 222010 LITTON LOAN SERVICING, L.P. Plaintiff V. SHAUN B. TIEDT Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 10-1864-CIVIL ORDER CPA S(OA. AND NOW, this 3 day of Oermber, 2014, after consideration of Plaintiff s Emergency Motion for Postponement of Sheriffs Sale of the mortgaged property known as 1434 Three Square Hollow Road, Newburg, PA 17240-9351, it is hereby ORDERED that the said sale is extended three months to the regularly scheduled Cumberland County Sheriff s Sale dated April 6, 2011. No further advertising or additional notice to lienholders or Defendant is required, however the Sheriff is directed to announce the continuation to the assembled bidders and Plaintiff is to forward a copy of this Order to Defendant via first class mail. `I HE COURT: I J. cc: Sheriff of Cumberland County Lauren R. Tabas, Esquire ,/Shaun B. Tiedt 3 232605 n p nod y. o o C 4 (D d a x b o0 { 14 y O CD O N O W N O O fD _'1 N O O f t M• rn " ffn i ? ril N ¢. -. .fl e-f fD ? X a o 0 0 Pi in. 0 ` ZH? w fU 7>}`"? "q ? i tqmc a ' ro 8' o ; MIR omo , = v 0141 m°N ! 0 y, I t som of om ? 0 > lk. ° ? 0' C ? !+ oar ?? ' ca 0 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 LITTON LOAN SERVICING, LP. Plaintiff vs SHAUN B. TIEDT Defendant Attorney For Plaintiff Court of Common Plea Civil Division s o C C:) CUMBERLAND Cou -ter x -v± C:) No. 10-1864-CIVIL G C) PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please mark the judgment in the above-captioned matter to the use of GREEN TREE CONSUMER DISCOUNT COMPANY, located 7360 SOUTH KYRENE ROAD, MAIL STOP T317, TEMPE, AZ 85283. Date: March 2011 PHELE LLLLINA??G, LLP Lawrenc0 T sq., Id. 27 linan, Esq., Id. o.626 Daniel ieg, Esq., Id. No. 62 5 Michele M. Bradford, Esq., Id. 699 Judith T. Romano, Esq., Id; . 58i7458' 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 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 '`Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Attorneys for Plaintiff PHS: 232605 '_ 'F4 OL 11A $ &U O Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 LITTON LOAN SERVICING, LP. Plaintiff vs SHAUN B. TIEDT Defendant PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P., 2352 TO THE PROTHONOTARY: Kindly substitute GREEN TREE CONSUMER DISCOUNT COMPANY as successor Plaintiff for the originally named Plaintiff. The material facts on which the right of succession and substitution are based as follows: GREEN TREE CONSUMER DISCOUNT COMPANY is the current holder of the mortgage by virtue of that certain Assignment of Mortgage, which Assignment was recorded February 4a', 2011 in Mortgage Instrument 201104454 of the Recorder of Deeds in and for CUMBERLAND County. Attorney For Plaintiff C= Court of Common Pleases = - -a _ . M rn Civil Division ?? is ma o . y CUMBERLAND Counc y' c-) c? • 2-1/1 10-1864-CIVIL C. No -..a C... . Kindly amend the information on the docket accordingly. Date: March 2011 PHELAN , LLP Lawrence T. Phel Francis S. i, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69 Judith T. Romano, Esq., Id. No. 45 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 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblen, Esq., Id. No. 208375 .:Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Attorneys for Plaintiff PHS: 232605 Phelan Hallinan & Schmieg, LL 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. N . 69849 Judith T. Romano, Esq., Id. No. 8745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 8 077 Lauren R. Tabas, Esq., Id. No. 9 337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 6 791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., I No. 94620 Joshua I. Goldman, Esq., Id. No. 05047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 30 519 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GREEN TREE CONSUMER DIJCOUNT COMPANY Plaintiff V. SHAUN B. TIEDT Defendant ZL i I ?' 25 3 C' MBERLAND COUNTY PENNSYLVANIA ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-1864-CIVIL 232605 Plaintiff, by its Attorneys, Prothonotary to amend the 1. Plaintiff 2010. 2. Judgment was en and correct copy of the praecipe as Exhibit "A". Phelan Hallinan & Schmieg, LLP, moves the Court to direct the in this matter, and in support thereof avers the following: this foreclosure action by filing a Complaint on March 16, on May 19, 2010 in the amount of $183,723.81. A true judgment is attached hereto, made part hereof, and marked 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must b 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 ent of the judgment. 4. The Property is lis ed for Sheriffs Sale on April 6, 2011. 5. Additional sums h ave been incurred or expended on Defendant's behalf since the Complaint was filed and Defendan t has been given credit for any payments th at have been made since the judgment. The amount f damages should now read as follows: Principal Balance $169,467.24 Interest Through April 6 2011 $25,032.20 Per Diem $38.89 Late Charges $1,111.29 Legal fees $1,550.00 Cost of Suit and Title $1,083.66 Sheriffs Sale Costs $0.00 Property Inspections/ Pr perty Preservation $138.00 Appraisal/Brokers Price pinion $0.00 Mortgage Insurance Pre ium / $0.00 Private Mortgage Insuran ce Non Sufficient Funds C rge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit ?a Qna a1z TOTAL $203,286.82 232605 6. The judgment entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms o the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess amages and Order to the Defendant on March 16, 2011 and requested the Defendant's Conc ence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plainti s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, mad part hereof, and marked as Exhibit "B". 10. No judge has previously entered a ruling in this case. 232605 WHEREFORE, Plaintiff judgment as requested. DATE requests that this Honorable Court amend the Phelan U LawfRI man, Esq., Id. No. 3 ? Francis S. allinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 6,22220055 ? 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 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ?ew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ATTORNEY FOR PLAINTIFF 232605 Phelan Hallinan & Schmieg, LL 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. o. 69849 Judith T. Romano, Esq., Id. No. 8745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 8 077 Lauren R. Tabas, Esq., Id. No. 9 337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 8665 Peter J. Mulcahy, Esq., Id. No. 6 791 Andrew L. Spivack, Esq., Id. No 84439 Chrisovalante P. Fliakos, Esq., I c. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No 206779 Andrew C. Bramblett, Esq., Id. o. 208375 Allison F. Wells, Esq., Id. No. 3C9519 William E. Miller, Esq., Id. No. 08951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 LITTON LOAN SERVICING, Plaintiff v. SHAUN B. TIEDT Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-1864-CIVIL E 232605 I. BA OF SHAUN B. TIEDT charges, real estate taxes, hazard li these sums became due. 1434 THREE SQUARE HOLL indicates that in the event of a d sums, including taxes, insurance, 1 a Promissory Note agreeing to pay principal, interest, late surance premiums, and mortgage insurance premiums as Note was secured by a Mortgage on the Property located at 'ROAD, NEWBURG, PA 17240-9351. The Mortgage in the mortgage, Plaintiff may advance any necessary 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 i stant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Prop rty is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted o include current interest, real estate taxes, insurance premiums, costs of collection, and other expe ses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It s also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if ar6l. II. It is settled law in Pennsyl the enforcement of a judgment Judgments § 191. Stephenson v. I ania that the Court may exercise its equitable powers to control to grant any relief until that judgment is satisfied. 20 P.L.E., utts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase 232605 Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriff s sal. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan G ty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgag? lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the dote 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 upended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 400 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 lass 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 person4l liability. In B.C.Y. v. Bukovich, th? Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to Orrect 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 payments during the foreclosure Mortgage plainly requires the due on the Mortgage due to Defendant's failure to tender and the advances made by the mortgage company. The to tender to the mortgagee monthly payments of principal 232605 and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is 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 term of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE The within case is a mortgaged property to Sheriffs S foreclosure is strictly in rem and Partnership v. Kimmel, 424 Pa. S Discount Company v. Babuscio, Rule of Civil Procedure 1141(a). MENT IS IN REM ONLY foreclosure action, the sole purpose of which is to take the Pennsylvania law makes clear that an action in mortgage not include any personal liability. Newtown Village 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). ? he purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In tl?e event that a third party real estate speculator were to bid on the mortgaged property at the receive the amount of the in rem j IV. INTEREST The Mortgage clearly req and interest due on the outstandir Sale and become the successful purchaser, Plaintiff would from the Sheriff. -es that the Defendant shall promptly pay when due the principal debt. In addition, the Note specifies the rate of interest to be 232605 charged until the debt is paid in 11 or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the ate of the impending Sheriff's sale has been requested. V. TAXES AND If Plaintiff had not advanc ed monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have fisked loss of its collateral. If the Property were sold at a tax sale, Plaintiff s interest very well may e divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the to in. 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 Mo?tgage 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 with the loan documents and concluded that a request of five enforceable as an attorney's fee. iation v In of ten percent of the original 1979). Recently, the Superior included in the judgment in m, requested in the Motion to Reassess Damages is in accordance 11vania law. Pennsylvania Courts have long and repeatedly ent of the outstanding principal balance is reasonable and binson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and )ppin Center, 68 D&C 2d 751, 755 (1974). timore v. Fetner, the Superior Court held that an attorney's fee amount is not unconscionable. 410 A.2d 344 (Pa. Super. cited Fetner in confirming that an attorney's fee of ten percent foreclosure action was reasonable. Citicorp v. Morrisville 232605 Hampton Realty, 662 A.2d 1120 Court's equitable authority to set VII. COST OF S Super. 1995). Importantly, Plaintiff recognizes this Honorable iey's fees and costs as it deems reasonable. Pursuant to the terms oft e mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amo it 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 necess*y to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners tb be named as Defendants in the foreclosure action. It is also necessary to determine whether purchaser acquires clear title to tl on the property, whether the Deft complaint), and numerous other 1 new liens on the property or new date. The Freedom of whereabouts are necessary to sale on the Defendant. The n and 3129.2 to notify all lienholde their interests will be divested by Accordingly, the modest necessary pursuant to Pennsylvan The mortgage and Pennsylvania 1 iere are any prior liens to be cleared, so that the Sheriff's sale to property. It is necessary to determine if there are IRS liens ndants are divorced (which could affect service of the -gal issues. The title bringdown is necessary to identify any owners between the time of filing and complaint and the writ Act inquiries and the investigation into Defendants' tively attempt personal service of the complaint and notice of of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 owners, and interested persons of the Sheriff's sale date, as he Sheriff's sale. Plaintiff has incurred for the costs of suit and title were a law. The amounts were reasonable and actually incurred. tw permit Plaintiff to recover these sums through its 232605 foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, VIII. CONCLUSION Therefore, Plaintiff legal proceedings, and such the Mortgage, then the expenses included in the judgment. Plaintiff respectfully req will not cause harm to the Defendants. submits that if the enforcement of its rights is delayed by require the mortgagee to expend additional sums provided for by become part of the mortgagee's lien and should be that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that i? has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied recover the monies it expended to terms of the Mortgage with the understanding that it would its collateral. 232605 WHEREFORE, Plaintiff judgment as requested. DATE: requests that this Honorable Court amend the Phelan Hallinan & Schmie2, LLP By: awrence F.Welan, Esq., Id. No. 7 ? Francis S. Hallinan, Esq., Id. No. 626 ? Daniel G. Schmieg, Esq., Id. No. 62 5 ? 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 ? 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 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 Attorney for Plaintiff 232605 xhibit "A" 232605 Phelan Hallinan & Schmieg, L 11P BY: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Attorney for Plaintiff Daniel G. Schmieg, Esq., . 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. 140. 87077 Lauren R. Tabas, Esq., Id. 110. 93337 Vivek Srivastava, Esq., Id. o. 202331 Jay B. Jones, Esq., Id. No. 6657 Peter J. Mulcahy, Esq., Id. I To. 61791 Andrew L. Spivack, Esq., I . No. 84439 Jaime McGuinness, Esq., Id No. 90134, Chrisovalante P. Fliakos, Es q., Id. No. 94620 y, Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, E ' Andrew C. Bramblett, Esq.d d. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza. Philadelphia, PA 19103 215-563-7000 LITTON LOAN SERVICING, vs. SHAUN B. TIEDT PRAECIPE TO THE PROTHONOTARY: Kindly enter judgment in fa Defendant(s) for failure to file an A thereof and for foreclosure and sale follows: 0 K -01.13 M._ C -' c_ 1. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-1864-CIVIL T ftM 1UDGNT FOR FAILURE TO N 'C. x?. Z_ of the Plaintiff and against SHAUN B. TIEDT ver to Plaintiff's Complaint the within 20 days from service mortgaged premises, and assess Plaintiff's damages as =ri z? '5 As set forth in Compl "nt Interest - 03111/2010 05/1812010 $181,041.09 TOTAL ?6_ - 8- I hereb $183,723.81 HWY LOT y certify that (1) a Defendants 69, SHIpp `Last known address is 7500 MOLLY P ITCHER b IMEE SQU? HOLLOW OAD 17257-8891, and mortgaged Premises located een given in accordance 'WBURG, PA 17240-9351 at 1434 with le 237.1 ,and (2) that notice has copy attached . Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenne R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos Joshua I. Gol 'Esquire dman, Esquire Courtenay R. Dunn Es •??ndrew C, Bramble quire D tt, Esquire G ,? HEREBY ASSESSE am 'Attorney for PI ' tiff DA AS IlVDICATET7_ PHS .p120THONOT xhibit "B" 232605 N W N O? 0 ?w C F 0. N P. rt 71 o ?C a o; M A ?y mo ? w rt y z 0 '0 161 1? ??0 7 a ?o c o ? o' rv o ? m o _ o v rt ? ?. w a '^ rn i? a c 0 o w io x y3?oa 3 w 0 0 ? ? ox 3 ? y c o 9 R sy,? 3 CL _. o E0 n'y °pp 7 8 w i;,I i-I I w ?I of `OI ool JI rnl ?I ? w N .r C'! ? a w ? ? a 3 x x x N N N A N N N 0 o O z C a ?a or CD > y y > CD >^ ? ??Z d v y 0 w ? ? A ? n x O ? Fy ? y ?. r a n ? ? ro 1 ?. ? o x S r ? A O ? O a O a v ? b n rr b N a O _ J O ? rr PPV XJ .a S?P? ?POgT? PifNFY BOWES 0 2 1M $ 01.26° 0004277256 MAR 16 2011 MAILED FROM ZIP CODE 19 10 3 ?d O y A PHE Phelan Hallinan & Schmieg, March 16, 2011 HALLINAN & SCHMIEG, LLP 617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 SHAUN B. TIEDT 7500 MOLLY PITCHER HWY C SHIPPENSBURG, PA 17257-8 91 69 Representing Lenders in Pennsylvania and New Jersey RE: GREEN TREE CONSU ER DISCOUNT COMPANY v. SHAUN B. TIEDT Premises Address: 1434 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240 CUMBERLAND County CCP, No. 10-1864-CIVIL Dear Defendant, Enclosed please find a t 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 arch 22, 2011. Should you have further Otherwise, please be guided acct r- Very truly Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire or concerns, please do not hesitate to contact me. Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Chrisovalante P. Fliakos, Esqu Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Allison F. Wells, Esquire William E. Miller, Esquire Enclosure VERIFICATION I hereby state that I am make this verification, and that Damages are true and correct to undersigned understands that Pa.C.S. §4904 relating to the attorney for Plaintiff in this action, that I am authorized to statements made in the foregoing Motion to Reassess best of my knowledge, information and belief. The i? statement herein is made subject to the sworn penalties of 18 falsification of authorities. Phelan Hallinan & Schmiea, LLP DATE: By: U Lawrence-?'elan, Esq., Id. No.-32227 ? Francis S. Hallinan, Esq., Id. No. 6265 ? 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 ? 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 llison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ATTORNEY FOR PLAINTIFF 232605 Phelan Hallinan & Schmieg, LL 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. o. 69849 Judith T. Romano, Esq., Id. No. 8745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 8 077 Lauren R. Tabas, Esq., Id. No. 9 337 Vivek Srivastava, Esq., Id. No. 2)2331 Jay B. Jones, Esq., Id. No. 8665 Peter J. Mulcahy, Esq., Id. No. 6.791 Andrew L. Spivack, Esq., Id. No 84439 Chrisovalante P. Fliakos, Esq., I c.. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 3C9519 William E. Miller, Esq., Id. No. 08951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GREEN TREE CONSUMER DI1COUNT COMPANY Plaintiff V. SHAUN B. TIEDT Defendant CA ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-1864-CIVIL SER 232605 I hereby certify that true and Brief in Support thereof, correct copies of Plaintiffs Motion to Reassess Damages, sent to the following individual on the date indicated below. SHAUN B. TIEDT 7500 MOLLY PITCHER HWY OT 69 SHIPPENSBURG, PA 17257-8 91 SHAUN B. TIEDT 1434 NORTH HARMON RC NEWBURG. PA 17240-9133 DATE: Z 12-%j 1 SHAUN B. TIEDT 1434 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240-9351 Phelan Hallinan & Schmieg, LLP , ., 0.32227 ? Francis S. allinan, Esq., Id. No. 2695 ? Daniel G. Schmieg, Esq., Id. No. 205 ? Michele M. Bradford, Esq., Id. N . 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 ? 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 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ATTORNEY FOR PLAINTIFF 232605 CAF THELPROTOONOTA.Jy 2011 MAR 29 PM 2: 25 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GREEN TREE CONSUMER DISCOUNT Court of Common Pleas COMPANY Plaintiff Civil Division V. CUMBERLAND County SHAUN B. TIEDT No.: 10-1864-CIVIL Defendant y RULE AND NOW, this ? day of ` 2011, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant(s) shall have twenty (20) days of the date of this Order to file a responsive pleading to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be_se ed on this matter. TH J. 3 232605 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 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 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 1/ SHAUN B. TIEDT 7500 MOLLY PITCHER HWY LOT 69 SHIPPENSBURG, PA 17257-8891 SHAUN B. TIEDT 1434 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240-9351 SHAUN B. TIEDT 1434 NORTH HARMON ROAD NEWBURG, PA 17240-9133 Allison F \411s, Lsc- P t++s 232605 3?ag11? oK6 232605 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Attorney For Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GREEN TREE CONSUMER DISCOUNT Court of Common Pleas COMPANY . Plaintiff vs SHAUN B. TIEDT : I Civil Division : I CUMBERLAND County : I No. 10-1864-CIVIL Defendant SUGGESTION OF RECORD CHANGE RE: DEFENDANT'S ADDRESS ON DOCKET TO THE PROTHONOTARY: C= ` rom . Defendant's address was erroneously listed as: r?i v 1435 THREE SQUARE HOLLOW ROAD 1> v1 NEWBURG, PA 17240-9351 ?-? , -n ) The correct address for the Defendant is: r 1434 N. HARMON ROAD 771 AfigA 1434 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240-9351 Kindly change the information on the docket. Date: April 4, 2011 PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phel ., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 ,/Mheetal 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 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 Allison F. Wells, Esq., Id. No. 309519 PHS# 232605 Attorneys for Plaintiff Y 2011 APR -6 0110:06 CUMBERLAND COUNTY PENNSYLVANIA 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 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 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GREEN TREE CONSUMER DISCOUNT Court of Common Pleas COMPANY Plaintiff Civil Division V. CUMBERLAND County SHAUN B. TIEDT No.: 10-1864-CIVIL Defendant CERTIFICATION OF SERVICE 232605 I hereby certify that a true and correct copy the Court's Rule dated March 29, 2011, was sent to the following individuals on the date indicated below. SHAUN B. TIEDT 7500 MOLLY PITCHER HWY LOT 69 SHIPPENSBURG, PA 17257-8891 SHAUN B. TIEDT 1434 NORTH HARMON ROAD NEWBURG, PA 17240-9133 DATE: SHAUN B. TIEDT 1434 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240-9351 Phelan wr e T. Phelan, Esq., Id. loo. 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 ? 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 [Alison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ATTORNEY FOR PLAINTIFF 232605 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-OFFICE Sheriff of ?111uGl'? T!'E toRQTHCNCTAR Y Jody S Smith Chief Deputy 2911 APR I I AM 10: 33 Richard W Stewart # Solicitor C'DMSERI.?r' ND COUNT PENN'S MAMA Litton Loan Servicing, LP vs. Case Number Shaun Bradley Tiedt 2010-1864 SHERIFF'S RETURN OF SERVICE 08/19/2010 Ronny R. Anderson Sheriff who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Shaun B. Tiedt, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Franklin County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. 10/13/2010 12:12 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on 10-13-10 at 1153 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Shaun Bradley Tiedt, located at, 1434 Three Square Hollow Road, Newburg, Cumberland County, Pennsylvania according to law. 10/26/2010 As directed by Francis Hallinan, Attorney for the Plaintiff, Sheriffs Sale Continued to 1/5/2011 11/09/2010 The requested Real Estate Writ, Notice and Description, in the above titled action, returned by the Sheriff of Franklin County, the within named Defendant Shaun Bradley Tiedt, not found. So Answers: Angel L. Laviena, Deputy Sheriff. 01/04/2011 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 4/6/2011 04/06/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney Schmieg on 4/6/11. SHERIFF COST: $676.06 April 07, 2011 SO ANSWERS, ('? ?,, x , 0 '2" ? r?l ? ? RON R ANDERSON, SHERIFF ? a . 56 -,?L Stc(tt-? CK=I 813 70 !Z ? cj CountySuite Shenff, Ieleosoft lec LITTON LOAN SERVICING, L.P. Plaintiff V. SHAUN B. TIEDT Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-1864-CIVIL CUMBERLAND COUNTY PHS # 232605 AFFIDAVIT PURSUANT TO RULE 3129.1 LITTON LOAN SERVICING, L.P., 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 1434 THREE SQUARE HOLLOW ROAD, NEWBURG, PA 17240-9351. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) SHAUN B. TIEDT 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 7500 MOLLY PITCHER HWY LOT 69 SHIPPENSBURG, PA 17257-8891 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) UNIFUND CCR PARTNERS 10625 TECHWOODS CIRCLE CINCINNATI, OH 45242 UNIFUND CCR PARTNERS C/O FREDERIC 1001 E HECTOR STREET, STE 220 1. WEINBERG, ESQ. CONSHOHOCKEN, PA 19428 MICHAEL RHINEHART C/O JAMES 28 S. PITT STREET M. ROBINSON, ESQ. CARLISLE, PA 17013 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) UNDERGROUND STORAGE TANK 901 NORTH 7TH STREET INDEMNIFICATION BOARD C/O THE HARRISBURG, PA 17102 PENNSYLVANIA DEPARTMENT OF INSURANCE MANUFACTURERS AND TRADES TRUST ONE M & T PLAZA COMPANY BUFFALO, NY 14240 UNDERGROUND STORAGE TANK 486 FORUM BUILDING INDEMNIFICATION BOARD C/O HARRISBURG, PA 17120 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ATTN: PROGRAM DIRECTOR LITTON LOAN SERVICING, L.P. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. SHAUN B. TIEDT Defendant(s) : NO. 10-1864-CIVIL : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SHAUN B. TIEDT 7500 MOLLY PITCHER HWY LOT 69 SHIPPENSBURG, PA 17257-8891 "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 1434 THREE SQUARE HOLLOW ROAD, NEWBURG, PA 17240-9351 is scheduled to be sold at the Sheriffs 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 $183,723.81 obtained by LITTON LOAN SERVICING, L.P. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property: 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL the following described real estate lying and being situate in Hopewell Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO.2 BEGINNING at a point in the centerline of Township Road 379 at a corner of lands now or formerly of Billy P. Hrbacek and Mary Jean Hrbacek, his wife; thence by lands now or formerly of Hrbacek, North 09 degrees, 55 minutes, 11 seconds West, 1299.76 feet to a post; thence by lands now or formerly of Jacob Rice, North 57 degrees 07 minutes 0 seconds East, 356.83 feet to a pin; thence by lands now or formerly of Hrbacek, South 32 degrees 53 minutes 0 seconds West, 446.07 feet to a pin; thence by the same, South 23 degrees 38 minutes 0 seconds West, 446.07 feet to a pin; thence by the same, South I 1 degrees 31 minutes 36 seconds East, 915.07 feet to a point in the centerline of Township Road 379; thence by the centerline of said Road, North 79 degrees 29 minutes 25 seconds West, 220.42 feet to a point, the place of BEGINNING. CONTAINING 7.925 acres according to survey to survey dated August 9, 1982, by John R. Kissinger, Being Lot No. 3 in the plan of lots of Robert F. Sachore recorded in Plan Book 42, at Page 95. TITLE TO SAID PREMISES IS VESTED IN Shaun B. Tiedt, single man, by Deed from Fred Tiedt, single man, dated 08/17/2007, recorded 08/29/2007 in Instrument Number 200733818. PREMISES BEING: 1434 THREE SQUARE HOLLOW ROAD, NEWBURG, PA 17240-9351 PARCEL NO. 11-06-0041-024 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-1864 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LITTON LOAN SERVICING, LP, Plaintiff (s) From SHAUN B. TIEDT (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $183,723.81 L.L.$.50 Interest from 5/19/10 to Date of Sale ($30.62 per diem) -- $6,246.48 Atty's Comm % Due Prothy $2.00 Atty Paid $224.50 Plaintiff Paid Date: 7/9/10 (Seal) Other Costs Da id D. Buell, P othonotary By: Deputy REQUESTING PARTY: Name: SHEETAL R. SHAH-JANI, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 81760 On September 22, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in Hopewell Township, Cumberland County, PA, Known and numbered as, 1434 Three Square Hollow Road, Newburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 22, 2010 By: eal Estate Coordinator The Patriot-News Co. 2020 Technology Pkwy Suite 300 - Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE the Patr1*otA%,Xtws Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain. being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September- 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowE?red to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317 PUBLICATION COPY This ad ran on the date(s) shown below: 2010-1864 Civil Term Litton Loan Servicing, LP 10/15/10 vs Shaun Bradley Tledt 10/22/10 Atty: Daniel Schmieg - By virtue of a Writ of Execution N0. 10/29110 10-1864-CIVIL LITTON LOAN SERVICING, L.P. ( c ( 1?. . • .. VS. ... . SHAUN B. TIEDT owner(s) of property situate the Sworn to a b # i e 0 HOPEWELL TOWNSHIP C b l d ti scr ne b ore me hid dav/of November 2010 A D , um er an County, Pennsylvania, being , . . (IMunicipality) 1434 THREE SQUARE HOLLOW ROAD, - ( - r NEWBURG,PA17240.9351 Notary' Public Parcel No. 11-06-0041-024 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT. $183,723.81 COMMONWEALTH OF PENNSY LVANIA Notarial seal -i Sh errie L Klsrw, Notary Public r Lauver Paxton Twp,, Dauphin County I My Commission 50res Nov 26 2 , 011 Member, Pennsvlvanla Association of Notaries PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA . ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 22, October 29, and November 5, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie Coyne, SWORN TO AND SUBSCRIBED before me this 5 day of November, 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary PubUc CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 2B, 2014 CUMBERLAND LAW JOURNAL Writ No. 2010-1864 Civil Litton Loan Servicing, LP VS. Shaun Bradley Tiedt Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 10-1864-CIVIL, LITTON LOAN SERVICING, L.P. vs. SHAUN B. TIEDT, owner of property situate in the HOPEWELL TOWNSHIP, Cum- berland County, Pennsylvania, be- ing 1434 THREE SQUARE HOLLOW ROAD, NEWBURG, PA 17240-9351. Parcel No. 11-06-0041-024. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $183,723- .81. 122 pp0 "HON®TAR; "I I APR 25 Ate 9: 68 CUMBERLAND COUNTY PENNSYLVANIA Phelan I-lallinan & 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 . Shah-Jani, Esq., Id. No. 81760 Jenne . Davey, Esq., Id. No. 87077 Lauren K Tabas, Esq., Id. No. 93337 Vivek S ivastava, Esq., Id. No. 202331 Jay B. J nes, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisov ante P. Fliakos, Esq., Id. No. 94620 Joshua I Goldman, Esq., Id. No. 205047 Courten y R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison f". Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 1617 JF Boulevard, Suite 1400 One Perin Center Plaza Philadelphia, PA 19103 215-561-7000 GREEN TREE CONSUMER DISCOUNT Court of Common Pleas COMP NY Plaintiff Civil Division VS. CUMBERLAND County SHAUN B. TIEDT No.: 10-1864-CIVIL Defendant MOTION TO MAKE RULE ABSOLUTE 232605 REEN TREE CONSUMER DISCOUNT COMPANY, by and through its attorney, Phelan Oallinan & Schmieg, LLP, hereby petitions this Honorable Court to make Rule to Show Cause apsolute in the above-captioned action, and in support thereof avers as follows: A Motion to Reassess Damages was filed with the Court on March 25, 2011. 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 March 16, 2011 and request?d the Defendant's Concurrence. Plaintiff did not receive any response from the True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and of mailing are attached hereto, made part hereof, and marked as Exhibit A. A Rule was issued by the Court on or about March 29, 2011 directing the to show cause why the Motion to Reassess Damages should not be granted. A true and cor?ect copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. The Rule to Show Cause was timely served upon all parties on April 5, 2011 in with the applicable rules of civil procedure. A true and correct copy of the of Service is attached hereto, made part hereof, and marked Exhibit C. Defendant failed to respond or otherwise plead by the Rule Returnable date of April 19, 2011. 232605 Plaintiff requests that this Honorable Court make the Rule to Show Cause apsolute and grant Plaintiff's Motion to Reassess Damages. Phelan DATE: By: T. Phelan, Esq., Id. No. 32227 LJ Francis S.XgIinan, Esq., I . 62695 ? Daniel G. Schmieg, Esq., Id. No. 205 69849 ? Michele M. Bradford, Esq., Id. N V8745 ? Judith T. Romano, Esq., Id. No. ? 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 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 Wew C. Bramblett, Esq., Id. No. 208375 n F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ATTORNEY FOR PLAINTIFF 232605 Phelan allinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michel M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal. Shah-Jani, Esq., Id. No. 81760 Jenne R. Davey, Esq., Id. No. 87077 Lauren . Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. ulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisov lante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courten y R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison'". Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 1617 JF Boulevard, Suite 1400 One Pe Center Plaza Philadelphia, PA 19103 215-563k7000 COMP TREE CONSUMER DISCOUNT Plaintiff SHAUN B. TIEDT Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-1864-CIVIL S MOTION TO MAKE RULE ABSOLUTE 232605 Motion to Reassess Damages was filed with the Court on March 25, 2011. A Rule was entered py the Court on or about March 29, 2011 directing the Defendants to show cause why the Motion ? o Reassess Damages should not be granted. The Rule to Show Cause was timely served upon al? parties on April 5, 2011 in accordance with the applicable rules of civil procedure. failed to respond or otherwise plead by the Rule Returnable date of April 19, 2011. Plaintiff requests that this Honorable Court make the Rule to Show Cause apsolute and grant Plaintiff's Motion to Reassess Damages. Phelan DATE: By, U Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. H roan, No. 62695 ? Daniel G. Schmieg, Esq., Id. o. 62205 ? Michele M. Bradford, Esq., . 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 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ATTORNEY FOR PLAINTIFF 232605 Exhibit "A" 232605 1/'; 0 N M N 0. ? W o x? U ? cn 8 U zc a? b ? L R 'C zQ PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phel in Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey 16, 2011 SHAUN B. TIEDT 750 MOLLY PITCHER HWY LOT69 SHI PENSBURG, PA 17257-8891 RE: GREEN TREE CONSUMER DISCOUNT COMPANY v. SHAUN B. TIEDT Premises Address: 1434 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240 CUMBERLAND County CCP, No. 10-1864-CIVIL Deai 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 March 22, 2011. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Ver truly yS. Law ence T. Phelan, Esquire Fran is S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire She tal R. Shah-Jani, Esquire Jeni e R. Davey, Esquire Lauren R. Tabas, Esquire Viv k Srivastava, Esquire Jay . Jones, Esquire Pete - J. Mulcahy, Esquire And ew L. Spivack, Esquire Chri sovalante P. Fliakos, Esquire Joshua I: Goldman, Esquire Co tenay R. Dunn, Esquire And ew C. Bramblett, Esquire Alli on F. Wells, Esquire Will 'am E. Miller, Esquire. sure Exhibit "B" 232605 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA EENT TREE CONSUMER DISCOUNT Court of Common Pleas MPANY Plaintiff Civil Division V. CUMBERLAND County AUN B. TIEDT No.: 10-1864-CIVIL Defendant RULE AND NOW, this 1? rr??9 day of 0? ;?A 2011, a Rule is entered upon the Defendant show cause why an Order should not be entered granting Plaintiff's Motion to Reassess to Defendant(s) shall have twenty (20) days of the date of this Order to file a responsive n to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, intifTmay file a Motion to Make Rule Absolute and no hearing will lie scheduled on this matter, 232605 Exhibit "C" 232605 i tJ`li?" t ,..u 10 ? S!}y?ry` p 1 pp u l.Glald ', S3jfJL#ZLtiQ P ENN'SY,_V;kV" Ph c Ian 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 Sh etal R. Shah-Jani, Esq., Id. No. 81760 Jenne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vi ek 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 C sovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Co rtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 On Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GR?EN TREE CONSUMER DISCOUNT COMPANY Plaintiff v. UN B. TIEDT Defendant Attorney ?a ; uu?j, Please Return ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-1864-CIVIL CERTIFICATION OF SERVICE 232605 I hereby certify that a true and correct copy the Court's Rule dated March 29, 2011, was to the following individuals on the date indicated below. 7 UN B. TIEDT SHAUN B. TIEDT MOLLY PITCHER HWY LOT 69 1434 THREE SQUARE HOLLOW ROAD PENSBURG, PA 17257-8891 NEWBURG, PA 17240-9351 UN B. TIEDT NORTH HARMON ROADIIO COPY BURG, PA 17240-9133 AttflI1 Y Please RetO 0 Phelan _ y. PhelanEa. 32 227 > { Francis S. Hallinan, Esq., Id. No. 62695 0 Daniel G. Schmieg, Esq., Id. No. 62205 F1 Michele M. Bradford, Esq., Id. No. 69849 }? ?] Judith T. Romano, Esq., Id. No. 58745 ' ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 n 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 [-1 Peter J. Mulcahy, Esq., Id. No. 61791 [] Andrew L. Spivack, Esq., Id. No. 84439 [] Chrisovalante P. Fliakos, Esq., Id. No. 94620 F Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Q Andrew C. Bramblett, Esq., Id. No. 208375 Djgl sonF. Wells, Esq., Id. No. 309519 []; William E. Miller, Esq., Id. No. 308951 ATTORNEY FOR PLAINTIFF 232605 VERIFICATION hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make th?s verification, and that the statements made in the foregoing Motion to Make Rule Absoluto are true and correct to the best of my knowledge, information and belief. The 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 DATE: rem Phelan, Esq., Id. No. 32227 ? Francisnan, sq., o.62695 ? Daniel G. Schmieg, Esq., Id. o. 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 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? And C. Bramblett, Esq., Id. No. 208375 lison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ATTORNEY FOR PLAINTIFF 232605 Phelan allinan & Schmieg, LLP By: Law rence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michel M. Bradford, Esq., Id. No. 69849 Judith T . Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenne R . Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek S rivastava, Esq., Id. No. 202331 Jay B. J ones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andre L. Spivack, Esq., Id. No. 84439 Chrisov lante P. Fliakos, Esq., Id. No. 94620 Joshua . Goldman, Esq., Id. No. 205047 Courte y R. Dunn, Esq., Id. No. 206779 Andre C. Bramblett, Esq., Id. No. 208375 Allison . Wells, Esq., Id. No. 309519 Willi E. Miller, Esq., Id. No. 308951 1617 JF Boulevard, Suite 1400 One Pe Center Plaza Philade hia, PA 19103 215-56 -7000 GREEN TREE CONSUMER DISCOUNT COMPANY Plaintiff SHAUN B. TIEDT Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-1864-CIVIL CERTIFICATION OF SERVICE 232605 hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute and Br below. SHAU 750011 SHIPP SHAU in Support thereof were served upon the following individual on the date indicated B. TIEDT LLY PITCHER HWY LOT 69 ISBURG, PA 17257-8891 B. TIEDT 1434 NTHHARMONROAD NEWBqRG, PA 17240-9133 DATE: SHAUN B. TIEDT 1434 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240-9351 Lawrence No. 32227 ? Francis S. Hallman, Esq., Id. No. 695 ? Daniel G. Schmieg, Esq., Id. No. 6 205 ? Michele M. Bradford, Esq., Id. . 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 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? ewe. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ATTORNEY FOR PLAINTIFF 232605 -;iii= CL F r; 14IOt OTA' Z9 Ali 8? I9 1? ?PEH SYLVANIA 6Y IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GREEN TREE CONSUMER DISCOUNT COMPANY Plaintiff VS. SHAUN B. TIEDT Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 10-1864-CIVIL O R AND NOW, this o day of 2011, upon consideration of Plamtiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $169 467 24 Interest Through April 6, 2011 , . $25 032 20 Per Diem $38.89 , . Late Charges $1 111 29 Legal fees Cost of Suit and Title , . $1,550.00 Sheriffs Sale Costs $1,083.66 Property Inspections/ Property Preservation $0.00 $138 00 Appraisal/Brokers Price Opinion . $0 00 Mortgage Insurance Premium/ . $0 00 Private Mortgage Insurance . 3 232605 Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $0.00 ($0.00) $4,904.43 $203,286.82 Plus interest from April 6, 2011 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. ?Attcso? F Welts, Etq- '* Shaun R.IW+ ??1 0,pies "A l a 01 BY RT: J. 232605 PHELAN HALLINAN & SCHMIEG, LLP One Penn Center Plaza, Suite 1400 ATTORNEY FOR PLAINTIFF Philadelphia, PA 19102-1799 (215) 563-7000 GREEN TREE CONSUMER DISCOUNT COMPANY COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY SHAUN B. TIEDT No. 10-1864-CIVIL Defendant(s) cry I'D PRAECIPE TO SUBSTITUTE LEGAL DESCRIPTION y NUNC PRO TUNC TO THE PROTHONOTARY: Kindly substitute the attached legal description for the complaint in the instant matter. Date: November 21, 2011 originally filed with the Aomiy 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 ySheire al R. Shah-Jani, Esq., Id. No. 81760 R. Davey, Esq., Id. No. 87077 n 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 LEGAL DESCRIPTION ALL the following described real estate lying and being situate in Hopewell Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO. 2 BEGINNING at a point in the centerline of Township Road 379 at a corner of lands now or formerly of Billy P. Hrbacek and Mary Jean Hrbacek, his wife; thence by lands now or formerly of Hrbacek, North 09 degrees, 55 minutes, 11 seconds West, 1299.76 feet to a post; thence by lands now or formerly of Jacob Rice, North 57 degrees 07 minutes 0 seconds East, 356.83 feet to a pin; thence by lands now or formerly of Hrbacek, South 32 degrees 53 minutes 0 seconds West, 446.07 feet to a pin; thence by the same, South 23 degrees 38 minutes 0 seconds West, 446.07 feet to a pin; thence by the same, South 11 degrees 31 minutes 36 seconds East, 915.07 feet to a point in the centerline of Township Road 379; thence by the centerline of said Road, North 79 degrees 29 minutes 25 seconds West, 220.42 feet to a point, the place of BEGINNING. CONTAINING 7.925 acres according to survey to survey dated August 9, 1982, by John R. Kissinger, Being Lot No. 3 in the plan of lots of Robert F. Sachore recorded in Plan Book 42, at Page 95. TITLE TO SAID PREMISES IS VESTED IN Shaun B. Tiedt, single man, by Deed from Fred Tiedt, single man, dated 08/17/2007, recorded 08/29/2007 in Instrument Number 200733818. PREMISES BEING: 1434 THREE SQUARE HOLLOW ROAD, NEWBURG, PA 17240-9351 PARCEL NO. 11-06-0041-024 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-1864 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GREEN TREE CONSUMER DISCOUNTY COMPANY, Plaintiff (s) From SHAUN B. TIEDT (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $203,286.82 L.L.: Interest FROM 4/07/2011 TO DATE OF SALE ($33.42 PER DIEM) - $11,229.12 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $930.01P Plaintiff Paid: Date: DECEMBER 1, 2011 (Seal) Other Costs: avid D, Buell, Pr thonotary By: Deputy REQUESTING PARTY: Name: ALLISON F. WELLS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 309519 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 GREEN TREE CONSUMER DISCOUNT COMPANY Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION v SHAUN B. TIEDT Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 04/07/2011 to Date of Sale ($33.42 per diem) TOTAL Note: Please attach description of property. PHS # 232605 Gls___?) mkk ?A 9 s. oa OF R off. O0 4 00 'a 14. ©d ,acz 306) C>I Q NO.: 10-1864-CIVIL CUMBERLAND COUNTY $203,286.82 $11,229.12 4 ea c? LP Alliso F. e s, Esq., Id. No.309 l9 Attorney for Plaintiff Ck? ?t?Wa 4 .0 c - UJIJ Kzll ?s G o ? 3 ? 0 ? Qr `n Q ? x N r. ?' duo W d r Q W N ? p. c U, ? W r- ? C7 o. Q N a S v C2- OZ W a r ? o v od ? a a? o z` A Oa O wC? V O H PZ W W W V c v' a' E'1 y ?, CA ce ? r a W O ? , ' H v w W ° w p ? P W ? s f d r a • w PHELAN HALLINAN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza }?' Cf Philadelphia, PA 19103 ''° f {2? `, yI 215-563-7000 GREEN TREE CONSUMER DISCOUNT COMPAdaf` Plaintiff v SHAUN B. TIEDT Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION : NO.- 10-1864-CIVIL CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. ai ' & Schmieg_ L%P Allison F e Esq., Id. No.309519 Attorney r Plaintiff GREEN TREE CONSUMER DISCOUNT COMPANY Plaintiff V. SHAUN B. TIEDT Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-1864-CIVIL CUMBERLAND COUNTY PHS # 232605 AFFIDAVIT PURSUANT TO RULE 3129.1 GREEN TREE CONSUMER DISCOUNT COMPANY, 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 1434 N. HARMON ROAD A/K/A 1434 THREE SQUARE HOLLOW ROAD, NEWBURG, PA 17240-9351. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) SHAUN B. TIEDT 1434 N. HARMON ROAD w !: T A/K/A 1434 THREE SQUARE HOLLOW R( - NEWBURG, PA 17240-9351 > r- 7500 MOLLY PITCHER HIGHWAY LOT 69 1 PA 17257-8891 SHIIPPENSBURG - > 7 , C) 2. Name and address of Defendant(s) in the judgment: - Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) MICHAEL RHINEHART C/O JAMES M. 129 SOUTH PITT STREET ROBINSON, ESQUIRE CARLISLE, PA 17013-3425 UNIFUND CCR PARTNERS 10625 TECHWOODS CIRCLE CINCINNATI, OH 45242-2846 UNIFUND CCR PARTNERS C/O FREDERIC I. 1001 EAST HECTOR STREET WEINBERG, ESQUIRE SUITE 220 CONSHOHOCKEN, PA 19428-2395 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) UNDERGROUND STORAGE TANK 486 FORUM BUILDING INDEMNIFICATION BOARD C/O HARRISBURG, PA 17120-1003 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT UNDERGROUND STORAGE TANK 901 NORTH 7TH STREET INDEMNIFICATION BOARD C/O THE HARRISBURG, PA 17102-1413 PENNSYLVANIA DEPARTMENT OF INSURANCE • MANUFACTURERS AND TRADERS TRUST 1 M&T PLAZA COMPANY BUFFALO, NY 14240-2309 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA 1434 N. HARMON ROAD A/K/A 1434 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240-9351 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 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 ma o e penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: By: Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff GREEN TREE CONSUMER DISCOUNT COMPANY : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. NO.:10-1864-CIVIL SHAUN B. TIEDT CUMBERLA81F OUNTY Defendant(s) =; - NOTICE OF SHERIFF'S SALE OF REAL PROPERTY c i TO: SHAUN B. TIEDT SHAUN B. TIEDT Y = 1434 N. HARMON ROAD 7500 MOLLY PITCHER HIGHWAY A/K/A 1434 THREE SQUARE HOLLOW ROAD LOT 69 NEWBURG, PA 17240-9351 SHIIPPENSBURG, PA 17257-8891 "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 1434 N. HARMON ROAD A/K/A 1434 THREE SQUARE HOLLOW ROAD, NEWBURG, PA 17240-9351 is scheduled to be sold at the Sheriff's Sale on 03/07/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $203,286.82 obtained by GREEN TREE CONSUMER DISCOUNT COMPANY (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. `4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION ' By virtue of a Writ of Execution NO. 10-1864-CIVIL GREEN TREE CONSUMER DISCOUNT COMPANY VS. SHAUN B. TIEDT owner(s) of property situate in the HOPEWELL TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 1434 N. HARMON ROAD A/K/A 1434 THREESQUARE HOLLOW ROAD NEWBURG, PA 17240-9351 Parcel No. 11-06-0041-024 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $203,286.82 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION The land referred to in this Commitment is described as follows: The following Real Estate lying and being situate in Hopewell Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO 2: BEGINNING at a point in the centerline of Township Road 379 at a corner of lands now or formerly of Billy P. Hrbacek and Mary Jean Hrbacek, his wife; thence by lands now or formerly of Hrbacek, North 09 degrees, 55 minutes, 11 seconds West, 1,299.76 feet to a post; thence by lands now or formerly of Jacob Rice, North 57 degrees 07 minutes 0 seconds East, 356.83 feet to a pin; thence by lands now or formerly of Hrbacek, South 32 degrees 53 minutes 0 seconds West, 446.07 feet to a pin; thence by the same, South 23 degrees 38 minutes 0 seconds West, 446.07 feet to a pin; thence by the same, South 11 degrees 31 minutes 36 seconds East, 915.07 feet to a point in the centerline of Township Road 379; thence by the centerline of said road, North 79 degrees 29 minutes 25 seconds West, 220.42 feet to a point, the place of beginning. CONTAINING 7.925 acres according to survey to survey dated August 9, 1982, by John R. Kissinger, being Lot No. 3 in the Plan of Lots of Robert F. Sachore recorded in Plan Book 42, at page 95. SUBJECT to any and all easements and rights of way as the same may be and appear in prior instruments of record. TITLE TO SAID PREMISES VESTED IN Shaun B. Tiedt, single man, by Deed from Fred Tiedt, single man, dated 08/17/2007, recorded 08/29/2007 in Instrument Number 200733818 PREMISES BEING: 1434 N. HARMON ROAD A/K/A 1434 THREE SQUARE HOLLOW ROAD, NEWBURG, PA 17240-9351 PARCEL NO. 11-06-0041-024 L Y3or'y ?2LAND COUNTY '5????1?5Y1.Y>ht?tA Phelan Hallinan & Schmieg, LLP Robert W. Cusick, Esq., Id. No.80193 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia. PA 19103 215-563-7000 GREEN TREE CONSUMER DISCOUNT COMPANY Plaintiff V. SHAUN B. TIEDT Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-1864-CIVIL PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Scl-imieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: I . Plaintiff commenced this foreclosure action by filing a Complaint on March 16, 2010. 2. Judgment was entered on May 19, 2010 in the amount of 5183,723.81. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof. and marked as Exhibit "A`- 232605 I . Plaintiff filed a prior Motion to Reassess Damages, which was granted by Order dated April 28. 2011. amending the judgment amount to $203.286.82. A true and correct copy of the Order is attached hereto, made part hereof, and marked as Exhibit B. 4. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(l ). 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. Ilowever, r?ew items cannot be added at the time of entry of the judgment. 5. The Property is listed for Sheriffs Sale on March 7, 2012. 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 Interest Through March 7, 2012 Per Diem $38.89 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Mortgage Insurance Premium/ Private Mortgage Insurance Escrow Deficit TOTAL $169,467.24 $38.081.34 $457.59 $1,550.00 $1,192.66 S715.06 $138.50 $388.59 510,321.17 $222,312.15 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. 232605 9. Plaintiffs foreclosure judgment is in rem only and does not include personal liability. as addressed in Plaintiffs attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9). Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on December 19, 2011 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof. and marked as Exhibit "C". 10. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin Hess entered an order for Motion to Make Rule Absolute dated April 28, 2011. See Exhibit "B". WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE A? Phe n & Schmieg. LLP Bv: Robert W. Cusick, Esquire ATTORNEY FOR PLAINTIFF 232605 Phelan Hallinan & Schmieg, LLP Robert W. Cusick, Esq., Id. No.80193 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GREEN TREE CONSUMER DISCOUNT COMPANY Plaintiff v. SHAUN B. TIEDT Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-1864-CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE SHAUN B. TIEDT executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 1434 THREE SQUARE HOLLOW ROAD, NEWBURG, PA 17240-9351. 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. 232605 In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous. promised monthly mortgage payments. Accordingly. after it was clear that the default would not be cured. Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court. and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action. the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection. and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., .Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59. 142 A.2d 319.321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). 'The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbane Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa. Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117. 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect 232605 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 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. 232605 111. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55. 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However. Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser. Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the 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. w'. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale. Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the 232605 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. V1. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Feiner, 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 of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Llampton Reams, 662 A.2d 1120 (Pa. Super. 1995). Importantly. Plaintiff recognizes this Honorable C'ourt's equitable authority to set attorney's fees and costs as it deems reasonable. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. 232605 Fhe 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 lienh.olders, owners, and interested persons of the Sheri ft- 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 the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the 232605 terms of the mortgage. When a borrower defaults under the terms of the mortgage. the lender may do. or pay for. whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default. for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up. if the property is vacant. if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing. removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property iinspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become part ofthe borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff s Motion to Reassess, Damages. 232605 IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: Phela al;Cusick., nan Schmieg, LLP By: Robert . Esquire Attorney for Plaintiff 232605 Phelan llallinan lchmieg, L LP By l.aal? a encc '1'. Pheboi, l? Id. No. 32227 Francis S. Hullinan, I`11,;q., Id. Nca. 62695 Dimiel 0. Sdhmieg, ld,'No. 612205 Michele M. BmJfoid, Lsq., W. No, 09849 Judith `I'. Romano, l?sq,, Id. No. 58745 Shmial Il,. Shali-J aaai, lysq,, Id. No. 81760 Jcniiac R. Davcy, 1,sq, ld. No. 87077 Lam-en R, Tabus,, T,sq., Id. No, 93:3 3°7 Viveli Srivastava, 11,14q., Ial.. No, 20),331 Jay l1. Ames, Fsq., Id. No. 86657 I'c tc l J. 1\,Aulc?ahy, Escl. , I& No. 61791 Andrew L. SPiv ar•k, Id, No 84431) Jaime Mf;Guina]r.,s, }isq,, W, No, 90134 Chrisovalante P. Fliaako,,, Uxj , Ici. No. 94620 Jo,4iua 1. Goldmuaaa, No. 205047 C'mir(enay R. Durin, l'sq,, Id. No. 206779 Amman C;, €3ramblett, Esq., ld. a 208375 1617 B K Dmil Yard, Soitt; 1 400 One 1''.-a]n t.'Qnlcr Plaza 1'161iidcl pia, PA 11110"' zi 5-563-7000 LITTON LOAN SERVICING, L.P. V& SHAUN B. TIEDT Atlomey for Plaintiff ..r CUMBERLAND COUNTY "T s COURT OF COMMON PLEAS CIVIL DIVISION No. 10-11364-CIVIL PRAECIPE FOR.IN AgM J111)(-,Mt+;J` T F0lt 1+e1.; LURF, TO ANSWER AND A,SS11,SSN111,N".t ?)? inn! cYP? o THE PROTHONOTARY; ,<Andly enter judgment in favor oftlac Pliaii& i i ;md ?a,titira;at SHAUN B. TIEDT, Defendant(s) for failure to file an Answer to PlrauaO C.' +,'ompliaiaaa. within 20 days from service thereof and for foreclosure and sale of the mortgaged promisvt, and assess Pl 1tifrs damages as follows; set forth in Complaint Interest - W3111.12010 to 11511 82 0 1€) TOTAL $181,041.09 $183,723,81 i 1 oreby certify that (l) the Dctf ndallt's Just I'n'>WIl oddle.";?. is'/ 00 MOLLY PI'Icl-WTc l"1`1Iv Y l..OT69, SI IPPENSI3l. R0, PA 17257-11891, axltci xnt?rflrulc.?1 lalcfclis?::; Ic>ctttecl at 1434 'l'I IR- I; SQUARE HtJi.l..()W ROAD, NI"Mf3i IZO, PA 17240.935 1, rued (2) duct nolii;e h€vi :?tt:ic,l;cptl. bea ;7a given 113 raec ordaanco with Rule 237. 1, copy I awrc: l(c (''1 Phelan, Esquily ?. F1 an c-i s S. i ltil liaa ut, Esquire DA11141 G. Schmieg, l:se uirc Mich0v M. llrattlfortl, I,:scltaire hidith l . Rowa no, lrsquire She etai 1t Shidt-3uni, Esquire Joi)irle I". Div-'.-.y, Fsquire l.aurert It. 'f<11x:1;;, listlc ve Yivek Siiva.-o lu, I squ.I ally 11. Jon;'s' 1-Kquiv I'et?:•r J. ;vltl?c,?ihy, I;srluir?< xlraclrerv L. Spiva i;k, I squire .lairrw l c'(l iia7u4;sa, i?squire t'lsrisclv:cltlliEe P. 11iako. ;,1-4-s(ltfire Joshua 1. Goldmiua, l a;quirt , t}ct1'i4xs i?' R. Clue i. FskjUiii< riclret? C. Entmblctt, I`?;clttirc ,AItol MY ic'r Pla riti 1. ARE HEREBY ASSESSED AS INDICATEV- gxs Exhibit "B" 2 32605 f e ?s,?l ? ??R 29 ?,M $? l 9 (',U PE N?iSY?1.VANiA?Y IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GREEN TREE CONSUMER DISCOUNT Court of Common Pleas COMPANY Plaintiff Civil Division V& SHAUN B, TIEDT Defendant CUMBERLAND County No.: 10-1864-CIVIL 3 ORDER AND NOW, this 6 day of , 2011, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered I upon Defendants shall be and is hereby made absolute and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nune pro tune as follows: Principal Balance $169,467.24 Interest Through April 6, 2011 $25,032.20 Per Diem $38.89 Late Charges $1,111.29 Legal fees $1,550,00 Cost of Suit and Title $1,0816 Sheriffs Sale Costs $0.00 i Property Inspections/ Property Preservation x;138.00 Appraised/Brokers Price Opinion S000 Mortgage Insurance Premium/ $0.00 Private Mortgage Insurance 232605 Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $0.00 ($0.00) $4,904.43 $203,286.82 Plus interest from April 6, 2011 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. 131 ' RT: A(IIS M 5. Welts, "° - J ` VA 232605 ?? ?? ??e ?126?5 -. ? ???` 1 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey December 19, 2011 SHAUN B. TIEDT 7500 MOLLY PITCHER HWY LOT 69 SHIPPENSBURG, PA 1.7257-8891 SHAUN B. TIEDT 1434 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240-9351 SHAUN B. TIEDT 1434 NORTH HARMO:N ROAD NEWBURG, PA 17240-•9133 RE: GREEN TREE CONSUMER DISCOUNT COMPANY v. SHAUN B. TIEDT Premises Address: 1434 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240 CUMBERLAND County CCP, No. 10-1864-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by December 24, 2011, Should you have fiirther questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accord%ngLy.---7?~ Very truly _r y /r Alison F. Wells, Esquire .__ ttt ncy-fir--Pl miff---- _._ Enclosure 232605 a? Q on z? v x v Qa h 7J ? a zoo j 7171 1 wv -? L , ] ?° y 6 J 3 d E ? V ? N o E ? ci ro q „ m 61c?3? 9 a ro ? O ?" o Y I E 1 6 R N ? O '° ? g m p ? ..r a N r ? ee° H o o Gr , y a fv1 ? rox V ? 0 V" G r C? ? A ? c •p Cy7 O N I o ?` 9 ? aWi o ? . S ?Q ' Z , C rd ? r?l >o$vo w ? n ? W a o a o go N ?Ero x y O. •d ? v ?aS° x ? o z O ? W 5 a w a p" z - F- D ? lu CAS r'? ? ?, N r d o kn I 1.4 Q A b A A ? F? F H ? c 0 0.1 i?q 0.? ° o ll Q' z e o o ?a 0 0 0 u N N q N x x x ?I ?-d -+ N M •S V l ? O 0 0 Q? ? N M V ?/1 U 4° O N M N Phelan Hallinan & Schmieg. LLP Robert W. Cusick, Esq.. Id. No.80193 1617.1FK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia. PA 19103 215-563-7000 GREEN TREE CONSUMER DISCOUNT COMPANY Plaintiff v. SHAUN B. TIEDT Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-1864-CIVIL CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. SHAUN B. TIEDT SHAUN B. TIEDT 7500 MOLLY PITCHER HWY LOT 69 1434 THREE SQUARE HOLLOW ROAD SHIPPENSBURG. PA 17257-8891 NEWBURG, PA 17240-9351 SHAUN B. TIEDT 1434 NORTH HARMON ROAD NEWBURG, PA 17240-9133 Phelan Hall chmieg, LLP DATE: By: _ Robe usick, Esquire ATTORNEY FOR PLAINTIFF 232605 ! ?t t 2012 JAN -5 AM 11: 56 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GREEN TREE CONSUMER DISCOUNT Court of Common Pleas COMPANY Plaintiff Civil Division V. CUMBERLAND County SHAUN B. TIEDT No.: 10-1864-CIVIL Defendant RULE AND NOW, this S day of 2012, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. THE CO T J. 3 232605 VRobert W. Cusick, Esq., Id. No.80193 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 V SHAUN B. TIEDT 7500 MOLLY PITCHER HWY LOT 69 SHIPPENSBURG, PA 17257-8891 SHAUN B. TIEDT 1434 NORTH HARMON ROAD NEWBURG, PA 17240-9133 Cod ?s r 4a 1/SHAUN B. TIEDT 1434 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240-9351 232605 232605 of VE F, DfHOHOTAR 2012 JAM I 1 AM 9`• 51 CUM ?? PENNSYLVANIA Phelan Hallman & Schmieg, LLP Sheetal R. Shah-Jani, Esq., Id. No.81760 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ATTORNEY FOR PLAINTIFF GREEN TREE CONSUMER DISCOUNT COMPANY Plaintiff vs. SHAUN B. TIEDT Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 10-1864-CIVIL CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's January 5, 2012 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. SHAUN B. TIEDT 7500 MOLLY PITCHER HWY LOT 69 SHIPPENSBURG, PA 17257-8891 SHAUN B. TIEDT 1434 NORTH HARMON ROAD NEWBURG, PA 17240-9133 SHAUN B. TIEDT 1434 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240-9351 Phe Halli n Schmieg, LLP DATE: I By: Sheetal R. Shah- ni, Es uire Attorney for Plai ff 232605 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GREEN TREE CONSUMER DISCOUNT Court of Common Pleas COMPANY Plaintiff Civil Division vs. CUMBERLAND County SHAUN B. TIEDT No.: 10-1864-CIVIL Defendant .y ORDER AND NOW, this ? day of Wfus*) 2012, upon consideration of Plaintiff's 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 t:he writ nunc pro tunc as follows: Principal Balance $169,467.24 Interest Through March 7, 2012 $38,081.34 Per Diem $38.89 Late Charges $457.59 Legal fees $1,550.00 Cost of Suit and Title $1,192.66 Sheriffs Sale Costs $715.06 Property Inspections $138.50 Mortgage Insurance Premium/ Private Mortgage Insurance $388.59 Escrow Deficit $10,321.17 TOTAL $222,312.15 Plus interest from March 7, 2012 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY T E URT: A IASN`' -`13 d ?/yCe ?? ssa T C? n? w? 13. ri eel 10) J. cop Milled 232605 PHELAN HALLINAN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ::D-uf ICE AR", ?tWefyylaintiff G?JMgER SYL AMiA?? pENN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREEN TREE CONSUMER DISCOUNT CUMBERLAND COUNTY COMPANY Plaintiff, COURT OF COMMON PLEAS V. SHAUN B. TIEDT Defendant(s) CIVIL DIVISION No.: 10-1864-CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Cer 'i ?iLlr Receipt stamped by the U.S. Postal Service is attached hereto Exh' A ison e e / ? Attorney for Plaintiff Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 232605 GREEN TREE CONSUMER DISCOUNT COMPANY Plaintiff V. SHAUN B. TIEDT Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-1864-CIVIL CUMBERLAND COUNTY PHS # 232605 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 GREEN TREE CONSUMER DISCOUNT COMPANY, 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 1434 N. HARMON ROAD A/K/A 1434 THREE SQUARE HOLLOW ROAD, NEWBURG, PA 17240-9351. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) SHAUN B. TIEDT 1434 N. HARMON ROAD A/K/A 1434 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240-9351 7500 MOLLY PITCHER HIGHWAY LOT 69 SHUPPENSBURG, PA 17257-8891 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) MICHAEL RHINEHART C/O JAMES M. 129 SOUTH PITT STREET ROBINSON, ESQUIRE CARLISLE, PA 17013-3425 UNIFUND CCR PARTNERS 10625 TECHWOODS CIRCLE CINCINNATI, OH 45242-2846 UNIFUND CCR PARTNERS C/O FREDERIC I. 1001 EAST HECTOR STREET WEINBERG, ESQUIRE SUITE 220 CONSHOHOCKEN, PA 19428-2395 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) UNDERGROUND STORAGE TANK 486 FORUM BUILDING INDEMNIFICATION BOARD C/O HARRISBURG, PA 17120-1003 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT UNDERGROUND STORAGE TANK 901 NORTH 7TH STREET INDEMNIFICATION BOARD C/O THE HARRISBURG, PA 17102-1413 PENNSYLVANIA DEPARTMENT OF INSURANCE MANUFACTURERS AND TRADERS TRUST 1 M&T PLAZA COMPANY BUFFALO, NY 14240-2309 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 1434 N. HARMON ROAD A/K/A 1434 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240-9351 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA Fred Tiedt, et al, C/O Geoffrey M. Biringer, Esquire 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 Midpenn Legal Services 401 East Louther Street, Suite 103 Carlisle, PA 17013-2625 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 unworn falsification to authorities. Date: Phelan Hallinan`St?hmie LP Allison F. Wells, sq., . No.309519 Attorney for Plaintiff A.- mu El N b zap G C C ad ? ry W N V! ? t} ?? J? 11 CCyy {{ }} _ y? ???Ct34f?i5 Viftfi y y h' Y t ? 00 1 w O E LC ? ? ? = m w o r7 ? p C•Q? b o ?' v 7! •a ? pG . F? .C. O !p. ? ? c + y? ? CO W A 8ILI w g n , 40+ O > „a ou Nub C a•fj a E ?CEy?j G ? N.SL'._?'o v (s ? 40 ?` aC a o o w _N w A A a w x r?q, W V ? ° ? ,? O: A . qa? 6 C ? ?F w cFw7v $? ? ? w W- Uw ? a og A? O i FW q??a a g ? ` O a me Aa"_0. a o Aiad? gp pw0 a?j eM y Y.a o3 .» pN .? ? o??.fs0.«° .. yb ..F ? I v a0 b < e a MC ; Sp tea, .~+ ?m U U? VFo.Z, O p fLea? axw ?en a „ ?+ a- ac It I 7.4 a'?w _ .? ° c ?a '4 E ? Z Z Wf" ? r ° ? w° ; ?? s c ?° o8 ?A . ? 6 zW ? u z ,,. ? ° y ? I a z 'C ? 8 z F+ ,r .riY1 .?V JO ,70 ?.., 7.-?V ... V faU. .?U 000:.`L` .9..+Ri. A V fs N".44" FoL t r ' o ? z 'x x x t t x t # # x # k k k # k # k x t i + t t t r t t x # k # t k x # # t # x # t x T? C ? d v O a z N a y "w P1 O O t y 9 b ? Q W W y C y p ? M a L 'CS 'O T 'r y n U ai L. _• Vi y a id ? G'" w ? C m d C 77 p E" CS. (? C14 O '1 z -- p 61 % 'd cCU ? ? _ w n a? Lb r, 2 d O ? _ x t2S P•? .g yyu G?Y X03 Y ? S. H M 0 a i? 4 :a { y PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 ?i s_s?z_?nnn GREEN TREE CONSUMER DISCOUNT COMPANY Plaintiff vs. SHAUN B. TIEDT Defendant CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL, DIVISION NO. 10-1864-CIVIL AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to SHAUN B. TIEDT on 2/14/2012 at 1434 THREE SQUARE HOLLOW ROAD, NEWBURG, PA 17240-9351 and 7500 MOLLY PITCHER HWY LOT 69, SHIPPENSBURG, PA 1.7257-8891 in accordance with the Order of Court dated 8/12/2010. The property was posted on 2/17/2012. Publication was advertised in THE SENTINEL on2/16/2012 & in CUMBERLAND LAW JOURNAL on 2/24/2012. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. DATE: 1;4 -Zi ;7 c? -57 AN 19: 31 NJIIBERL', ND COUNT\ ,SYLVANIA Phelan Hallinan & ByL Dana D AUG 10 2010 IN ITIE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LITTON LOAN SERVICING, L.P. Civil Division vs. No. 10-1864-CIVIL SHAUN B. TIEDT ORDER AND NOW, this 1 a day of , 2010, upon consideration of Plaintiff s Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Notice of Sale and all future pleadings on Defendant(s), SHAUN B. TIEDT, by: 1. Posting of the premises: 1434 THREE SQUARE HOLLOW ROAD, NEWBURG, PA 17240-9351. 2. First class mail to SHAUN B. TIEDT at the last known address, 7500 MOLLY PITCHER HWY LOT 69, SHIPPENSBURG, PA 17257-8891, and the mortgaged premises located at 1434 THREE SQUARE HOLLOW ROAD, NEWBURG, PA 17240-9351; and 3. Certified mail to SHAUN B. TIEDT at the last known address, 7500 MOLLY PITCHER HWY LOT 69, SHIPPENSBURG, PA 17257-8891 and the mortgaged premises located at 1434 THREE SQUARE HOLLOW ROAD, NEWBURG, PA 17240- 9351; and 4. Publication in accordance with PA. R.C.P. 430. J. 232605-KXC 3 2 ?y w 0 H H ITI l r z o ? z w N O oo v cn A w N a? • c z> 7 iF iF iF iF dF 9F ik iF 1F iF iF iF -IF iF ,* ,? 3F iF iF 4E .* it -IF iE '1F 9F iF iF iF -IF iE ?' ?o b r? xoox ? wx w ?z Gj ? `Cp??C ?aZC o ?? w C z r°' Ay a k l? n 4 ~ x >d o n ? o all a ?" a C V1 1 ? ry z p v 0 0 4 ? Ad PIINIY Howl S i m 3o T,1 16 ?2 0 042' 7256 P :EE MAILED FROM ZIP CODF 0 c y v ? p I I bar a? ~ z ~ Wiz G r4", C ? A A O O ??+ IVrp 4 11n', ?LL S y? FF ?/: 7178 2417 6099 0092 9818 LXH / 232605 RESTRICTED DELIVERY SHAUN B. TIEDT 1434 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240-0000 --fold here (regular) -- fold here (6x9) --fold here (regular) Lily Haine From: U.S.- Postal Service [U.S._Postal_Service@usps.com] Sent: Friday, April 13, 20114:42 PM To: Lily Hainey Subject: U.S. Postal Service Track & Confirm email Restoration - 7178 2417 6099 0092 9818 This is a post-only message. Please do not respond. LILY HAINEY has requested that you receive this restoration information for Track & Confirm as listed below. Current Track & Confirm e-mail information provided by the U.S. Postal Service. Label Number: 7178 2417 6099 0092 9818 Service Type: Certified Mail(TM) Shipment Activity Location Date & Time -------------------------------------------------------------------------------- Delivered PHILADELPHIA PA 19103 02/22/12 10:22am Notice Left (No PHILADELPHIA PA 19103 Authorized Recipient Available) Processed through USPS PHILADELPHIA PA 19176 Sort Facility Moved, Left no Address NEWBURG PA Undeliverable as Addressed NEWBURG PA 17240 Arrival at Unit Depart USPS Sort Facility Processed through USPS Sort Facility Dispatched to Sort Facility Acceptance Electronic Shipping Info Received NEWBURG PA 17240 HARRISBURG PA 17107 HARRISBURG PA 17107 PHILADELPHIA PA 19104 PHILADELPHIA PA 19102 02/22/12 7:31am 02/19/12 12:36am 02/16/12 8:01am 02/16/12 8:01am 02/16/12 8:00am 02/16/12 02/16/12 1:17am 02/14/12 5:54pm 02/14/12 5:03pm 02/13/12 USPS has not verified the validity of any email addresses submitted via its online Track & Confirm tool. For more information, or if you have additional questions on Track & Confirm services and features, please visit the Frequently Asked Questions (FAQs) section of our Track & Confirm site at http://www.usps.com/shipping/trackandconfirmfags.htm 4 7178 2417 6099 0092 9825 LXH / 232605 RESTRICTED DELIVERY SHAUN B. TIEDT 7500 MOLLY PITCHER HWY LOT 69 SHIPPENSBURG, PA 17257-0000 --fold here (regular) -- fold here (60) --fold here (regular) Lily Haine From: U.S.- Postal Service [U.S._Postal_Service@usps.com] Sent: Friday, April 13, 20114:42 PM To: Lily Hainey Subject: U.S. Postal Service Track & Confirm email Restoration - 7178 2417 6099 0092 9825 This is a post-only message. Please do not respond. LILY HAINEY has requested that you receive this restoration information for Track & Confirm as listed below. Current Track & Confirm e-mail information provided by the U.S. Postal Service. Label Number: 7178 2417 6099 0092 9825 Service Type: Certified Mail(TM) Shipment Activity Location Date & Time -------------------------------------------------------------------------------- Delivered PHILADELPHIA PA 19103 02/23/12 10:48am Notice Left (No PHILADELPHIA PA 19103 Authorized Recipient Available) Arrival at Unit Processed through USPS Sort Facility PHILADELPHIA PA 19104 PHILADELPHIA PA 19176 Vacant Undeliverable as Addressed Depart USPS Sort Facility SHIPPENSBURG PA SHIPPENSBURG PA 17257 HARRISBURG PA 17107 Processed through USPS HARRISBURG PA 17107 Sort Facility Dispatched to Sort Facility PHILADELPHIA PA 19104 Acceptance Electronic Shipping Info Received PHILADELPHIA PA 19102 02/23/12 7:25am 02/22/12 12:46pm 02/22/12 3:44am 02/16/12 3:33pm 02/16/12 12:02pm 02/16/12 02/16/12 1:53am 02/14/12 5:54pm 02/14/12 5:03pm 02/13/12 USPS has not verified the validity of any email addresses submitted via its online Track & Confirm tool. For more information, or if you have additional questions on Track & Confirm services and features, please visit the Frequently Asked Questions (FAQs) section of our Track & Confirm site at http://www.usps.com/shipping/trackandconfirmfags.htm PLAINTIFF GREEN TREE CONSUMER DISCOUNT COMPANY DEFENDANT SHAUN B. TIEDT PHS # 232605 SERVICE TEAM/ lxh COURT NO.:10-IKA-CIVIL SERVE SHAUN B. TIEDT AT: TYPE OF ACTION 1434 THREE SQUARE HOLLOW ROAD XX Notice of Sheriff's Sale NEWBURG, PA 17240-9351 SALE DATE: May 2, 2012 **PLEASE POST PROPERTY IN ACCORDANCE WITH THE COURT ORDER** SERVED ,} S ved and made known to SHAUN B. TIEDT, Defendant on the L' day of ?Pi6"may , 20 il, at o clock _4. M., at 143 4 tNRE? SQabA> } , t 1AW , in the manner described below: _ Defendant personally served. NI Fi?P- 6 PC _ Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). - Agent or person in charge of Defendant's office or usual place of business. _ an offs er of said Defendant's company. Other: ?? Descri lion: Age Height Weight xace ?Gx IJU,GI f-a competent adult, hereby verify that I personally handed a true and correct copy of the Notic of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. Wv DATE: NAME: P PRINTED NAME: TITLE: ppwc?-SS NOT SERVED On the day of , 20_, at - o'clock _. M., Defendant NOT FOUND because: _ Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) _ No Answer on at at Service Refused "' Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: AFFIDAVIT OF SERVICE (FNMA) CUMBERLAND COUNTY ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland ' Jackie Cox, Sales Director, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): February 16, 2012 COPY OF NOTICE OF PUBLICATION 00C Y (3iiEEN TREE Qp*WMSA 0%( J1tT 0diiAPANY Vs. SHAUK0. TifcQt 'NOM M r { NO[M tJF T1hswt 8AlEOF pEALfRPOVOTY Soft Pry: 1434 THIK?'3UARSHOLLOW ROAD, NMUR0. PA t72404 I a 10 f4& DUMSERLAND,COMMM eetth SOW as $ddu On Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are r:' Sworn to and su before me this U`? mV,a Notary Public My commission expires: NOTARIAL SEAL BAMBI ANN HECKENDORN Notary Public CARLISLE BOROUGH, CUMBERLAND CNTY My Commissior ExprFS !zf , ?014 ?) 3A(P()5 A PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz February 24, 2012 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie SWORN TO AND SUBSCRIBED before me this 24 day of February, 2012 C d 1 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 J# CUMBERLAND LAW JOURNAL NOTICE OF SHERIFF'S SALE In the Court of Common Pleas of Cumberland County, Pennsylvania NO. 10-1864-CIVIL GREEN TREE CONSUMER DISCOUNT COMPANY vs. SHAUN B. TIEDT NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO: SHAUN B. TIEDT Being Premises: 1434 THREE SQUARE HOLLOW ROAD, NEW- BURG, PA 17240-9351. Being in HOPEWELL TOWNSHIP, County of CUMBERLAND, Com- monwealth of Pennsylvania, 11-06- 0041-024. Improvements consist of residen- tial property. Sold as the property of SHAUN B. TIEDT. Your house (real estate) at 1434 THREE SQUARE HOLLOW ROAD, NEWBURG, PA 17240-9351 is sched- uled to be sold at the Sheriff's Sale on May 2, 2012 at 10:00 A.M., at the CUMBERLAND County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, to enforce the Court Judg- ment of $183,723.81 obtained by, GREEN TREE CONSUMER DIS- COUNT COMPANY (the mortgagee), against the above premises. PHELAN HALLINAN & SCHMIEG, LLP Attorneys for Plaintiff Feb. 24 17 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Green Tree Consumer Discount Company vs. Shaun Bradley Tiedt Case Number 2010-1864 SHERIFF'S RETURN OF SERVICE 01/03/2012 07:05 PM - Deputy Shawn Gutshall, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 1434 N. Harmon Road, a/k/a 1434 Three Square Hollow Road, Newburg, Cumberland County, PA 17240. 02/14/2012 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 5/2/2012 05/01/2012 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 7/11/2012 05/04/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $687.16 SO ANSWERS, May 21, 2012 RON R ANDERSON, SHERIFF 0 mil,5pgr Ag?'*- -2 r S?S F ti ? LL F:, . .. GREEN TREE CONSUMER DISCOUNT COMPANY Plaintiff V. SHAUN B. TIEDT Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-1864-CIVIL CUMBERLAND COUNTY PHS # 232605 AFFIDAVIT PURSUANT TO RULE 3129.1 GREEN TREE CONSUMER DISCOUNT COMPANY, 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 1434 N. HARMON ROAD A/K/A 1434 THREE SQUARE HOLLOW ROAD, NEWBURG, PA 17240-9351. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) SHAUN B. TIEDT 1434 N. HARMON ROAD A/K/A 1434 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240-9351 7 OLLY PITCHER HIGHWAY LOT 69 SHIIPPENSBUR 17257-8891 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) MICHAEL RHINEHART C/O JAMES M. 129 SOUTH PITT STREET ROBINSON, ESQUIRE CARLISLE, PA 17013-3425 UNIFUND CCR PARTNERS 10625 TECHWOODS CIRCLE CINCINNATI, OH 45242-2846 UNIFUND CCR PARTNERS C/O FREDERIC I. 1001 EAST HECTOR STREET WEINBERG, ESQUIRE SUITE 220 CONSHOHOCKEN, PA 19428-2395 4. Name and address of last recorded holder of every mortgage of record Name Address (if address cannot be reasonably ascertained, please indicate) UNDERGROUND STORAGE TANK 486 FORUM BUILDING INDEMNIFICATION BOARD C/O HARRISBURG, PA 17120-1003 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 6/ UNDERGktOUND STORAGE TANK INDEMNIFfCATION BOARD C/O THE PENNSYLVANIA DEPARTMENT OF INSURANCE MANUFACTURERS AND TRADERS TRUST COMPANY 901 NORTH 7TH STREET HARRISBURG, PA 17102-1413 1 M&T PLAZA BUFFALO, NY 14240-2309 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA 1434 N. HARMON ROAD A/K/A 1434 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240-9351 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 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 ma o e penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: By: Allison F. Wells, Esq., Id. No309519 Attorney for Plaintiff GREEN TREE CONSUMER DISCOUNT COMPANY : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. SHAUN B. TIEDT : NO.:10-1864-CIVIL : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SHAUN B. TIEDT SHAUN B. TIEDT 1434 N. HARMON ROAD 7500 MOLLY PITCHER HIGHWAY A/K/A 1434 THREE SQUARE HOLLOW ROAD LOT 69 NEWBURG, PA 17240-9351 SHIIPPENSBURG, PA 17257-8891 "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 1434 N. HARMON ROAD A/K/A 1434 THREE SQUARE HOLLOW ROAD, NEWBURG, PA 17240-9351 is scheduled to be sold at the Sheriff's Sale on 03/07/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $203,286.82 obtained by GREEN TREE CONSUMER DISCOUNT COMPANY (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-1864-CIVIL GREEN TREE CONSUMER DISCOUNT COMPANY VS. SHAUN B. TIEDT owner(s) of property situate in the HOPEWELL TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 1434 N. HARMON ROAD A/K/A 1434 THREE SQUARE HOLLOW ROAD, NEWBURG, PA 17240-9351 Parcel No. 11-06-0041-024 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $203,286.82 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION The land referred to in this Commitment is described as follows: The following Real Estate lying and being situate in Hopewell Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO 2: BEGINNING at a point in the centerline of Township Road 379 at a corner of lands now or formerly of Billy P. Hrbacek and Mary Jean Hrbacek, his wife; thence by lands now or formerly of Hrbacek, North 09 degrees, 55 minutes, 11 seconds West, 1,299.76 feet to a post; thence by lands now or formerly of Jacob Rice, North 57 degrees 07 minutes 0 seconds East, 356.83 feet to a pin; thence by lands now or formerly of Hrbacek, South 32 degrees 53 minutes 0 seconds West, 446.07 feet to a pin; thence by the same, South 23 degrees 38 minutes 0 seconds West, 446.07 feet to a pin; thence by the same, South 11 degrees 31 minutes 36 seconds East, 915.07 feet to a point in the centerline of Township Road 379; thence by the centerline of said road, North 79 degrees 29 minutes 25 seconds West, 220.42 feet to a point, the place of beginning. CONTAINING 7.925 acres according to survey to survey dated August 9, 1982, by John R. Kissinger, being Lot No. 3 in the Plan of Lots of Robert F. Sachore recorded in Plan Book 42, at page 95. SUBJECT to any and all easements and rights of way as the same may be and appear in prior instruments of record. TITLE TO SAID PREMISES VESTED IN Shaun B. Tiedt, single man, by Deed from Fred Tiedt, single man, dated 08/17/2007, recorded 08/29/2007 in Instrument Number 200733818 PREMISES BEING: 1434 N. HARMON ROAD A/K/A 1434 THREE SQUARE HOLLOW ROAD, NEWBURG, PA 17240-9351 PARCEL NO. 11-06-0041-024 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) VO 10-1864 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due GREEN TREE CONSUMER DISCOUNTY COMPANY, Plaintiff (s) From SHAUN B. TIEDT (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $203,286.82 L.L.: Interest FROM 4/07/2011 TO DATE OF SALE ($33.42 PER DIEM) - $11,229.12 Atty's Comm: % Arty Paid: $930.06 Plaintiff Paid: Date: DECEMBER 1, 2011 (Seal) REQUESTING PARTY: Name: ALLISON F. WELLS, ESQUIRE Due Prothy: $2.00 Other Costs: David D. Buell, P thonotary Q By: Deputy Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 309519 TRUE COPY FROM RECORD In Testimony wher--of, i here unto, set my hand and the 2ep1 of said rt/ at Gar!is1 This day of p 0 rothonota On December 19, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Hopewell Township, Cumberland County, PA, Known and numbered as, 1434 North Harmon Road a/k/a 1434 Three Square Hollow Road, Newburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date December 19, 2011 By: Real Estate Coordinator b 1 :-2 - d 6-3301 dol JQ CUMBERLAND LAW JOURNAL Writ No. 2010-1864 Civil Term Green Tree Consumer Discount Company vs. Shaun B. Tiedt Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 10-1864-CIVIL, GREEN TREE CONSUMER DISCOUNT COMPANY vs. SHAUN B. TIEDT owner(s) of property situate in the HOPEWELL TOWNSHIP, Cumberland County, Pennsylvania, being 1434 N. HAR- MON ROAD a/k/a 1434 THREE SQUARE HOLLOW ROAD, NEW- BURG, PA 17240-9351. Parcel No. 11-06-0041-024. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $203,- 286.82. 80 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 27, February 3, and February 10, 2012 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa Marie Coyne ditor SWORN TO AND SUBSCRIBED before me this 0 da of Febnuaa, 2012 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28. 2014 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO SHERIFF-S OFFICE CUMBERLAND COUNTY CCURT HOUSE i4ePatriot-News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication U -,der Act No. 587, Approved May 16, 1929 Commenwealth of Pennsylvania,,County of Dauphin} ss Holly Blain, being duly sworn accorcing to law.. deposes and says: That she is a Staff Accountant of The Patriot News Co , a corporation organized and existing under the laws of the Commonwealth of Pennsylvania. with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland. State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 194- respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below That neither she nor said Company is interested in the subject matter of saic printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of l he Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 01/27/12 02/03/12 2010.1864 Civil Term reen Tree Consumer Discount 02/10/12 Company VS I Shaun S. Tledt _ .. ... ..... . .......... . Atty. Daniel Schmleg By virtue of a Writ of Execution NO. 10-1864-CIVIL Swcrn to and subscribed before me this 24 day of February. 2012 A.D GREEN TREE CONSUMER f DISCOUNT COMPANY VS. SHAUN B.TIEDT owner(s) of property situate in the _ Notary Public ry HOPEWELL TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 1434 N. ON ROAD A/K/A 1434 THRE SQUARE HOLLOW ROAD, COMMONWEALTH GF PENNSYLVANIA ' NE G PA 17240 9351 Notarial Seal , - i Pazce, o: 11-06-0041-024 Sherrie L. Owens, Notary Public (Acreage or street address) Lower Paxton Twp., Dauphin County f Improvements thereon: RESIDENTIAL My Commission Expires Nov. 26, 2015 j i DWELLING tEM ,FR PENMSVLON?A pGer? Ti ny Or NOTARIES JUDGMENT AMOUNT: $203,286.82 PRAECIPE TO ENTER JUDGMENT PURSUANT TO COURT ORDER COURT OF Green Tree Consumer Discount Company COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 10-1864-CIVIL Shaun B. Tiedt Defendant(s) Cumberland County PRAECIPE TO ENTER THE JUDGMENT PURSUANT TO COURT ORDER To the Prothonotary: Kindly Enter the Judgment per the Court Order dated February 7,2012 in favor of the Plaintiff and against Shaun B. Tiedt,defendant(s). As Set Forth in the Order $222,312.15 Phelan Hallinan,LLP Michael Dingerdissen, Esq., Id. No.317124 Attorney for Plaintiff rnM cia� N) t CD '_-' A4 Ck� lug SI03(! 3 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GREEN TREE CONSUMER DISCOUNT Court of Common Pleas COMPANY Plaintiff Civil Division, VS. : CUMBERLAND County SHAUN B. TIEDT No.: 10-1864-CTVI , Defendant 'y ORDERT AND NOW, this day of FP&U&#-A 2012, upon consideration ofPlaint&s .; r 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 tune as follows: Principal Balance $169,467.24 Interest Through March 7, 2012 $38,081.34 Per Diem$38:89 Late Charges " $457.59 Legal fees $1,550.00 Cost of Suit and Title $1,192.66 Sheriffs Sale Costs $715.06 Property Inspections $138.50 Mortgage Insurance Premium/Private Mortgage Insurance $388.59 Escrow Deficit $10,321.17 TOTAL $222,312.15 Plus interest from March 7, 2012 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. BYTE URT: J. 232605 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 Green Tree Consumer Discount Company COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. Shaun B. Tiedt NO.: 10-1864-CIVIL Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due $222,312.15 TOTAL $222,312.15 �i Phelan Hallinan,LLP Michael Dingerdissen,Esq.,Id.No.317124 Attorney for Plaintiff Note: Please attach description of property. PH#726440 =j ... qao� � - { ob CD � t it tI � D0 << T . 00 PHELAN HALLINAN, LLP Attorneys for Plaintiff Michael Dingerdissen, Esq., Id. No.317124 i ',vi 1 O,s;3 t ; 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ' `y�' Al"d; in r Philadelphia,PA 19103 Michael.Dingerdissen@phelanhallinan.com 215-563-7000 - Green Tree Consumer Discount Company COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 10-1864-CIVIL Shaun B. Tiedt Defendant(s) Cumberland County CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Ne Phelan Hallinan,LLP Michael Dingerdissen,Esq.,Id.No.317124 Attorney for Plaintiff LEGAL DESCRIPTION The land referred to in this Commitment is described as follows: The following Real Estate lying and being situate in Hopewell Township,Cumberland County,Pennsylvania, bounded and described as follows: TRACT NO 2: BEGINNING at a point in the centerline of Township Road 379 at a comer of lands now or formerly of Billy P.Hrbacek and Mary Jean Hrbacek,his wife;thence by lands now or formerly of Hrbacek,North 09 degrees, 55 minutes, 11 seconds West, 1,299.76 feet to a post;thence by lands now or formerly of Jacob Rice,North 57 degrees 07 minutes 0 seconds East,356.83 feet to a pin;thence by lands now or formerly of Hrbacek, South 32 degrees 53 minutes 0 seconds West,446.07 feet to a pin;thence by the same,South 23 degrees 38 minutes 0 seconds West,446.07 feet to a pin;thence by the same,South 11 degrees 31 minutes 36 seconds East,915.07 feet to a point in the centerline of Township Road 379;thence by the centerline of said road, North 79 degrees 29 minutes 25 seconds West,220.42 feet to a point,the place of beginning. CONTAINING 7.925 acres according to survey to survey dated August 9, 1982,by John R.Kissinger,being Lot No.3 in the Plan of Lots of Robert F. Sachore recorded in Plan Book 42,at page 95. TITLE TO SAID PREMISES VESTED IN Shaun B.Tiedt, single man,by Deed from Fred Tiedt, single man,dated 08/17/2007,recorded 08/29/2007 in Instrument Number 200733818. PREMISES BEING: 1434 Three Square Hollow Road,Newburg,PA 17240-9351 PARCEL NO. 11-06-0041-024 Green Tree Consumer Discount Company COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION NO.: 10-1864-CIVIL Shaun B. Tiedt , Defendant(s) CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 Green Tree Consumer Discount Company,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 1434 Three Square Hollow Road,Newburg,PA 17240-9351. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) Shaun B.Tiedt 1434 Three Square Hollow Road Newburg,PA 17240-9351 7500 Molly Pitcher Hwy Lot 69 —; -- Shippensburg,Pa 17257-8891 r ", C u 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) A. C Shaun B.Tiedt 1434 Three Square Hollow Road - T Newburg,PA 17240-9351 7500 Molly Pitcher Hwy Lot 69 Shippensburg,Pa 17257-8891 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) Michael Rhinehart C/O James M.Robinson, 129 South Pitt Street Esquire Carlisle,PA 17013-3425 Unifund Ccr Partners 10625 Techwoods Circle Cincinnati,OH 45242-2846 Unifund Ccr Partners C/O Frederic I.Weinberg, 1001 East Hector Street Esquire Suite 220 Conshohocken,PA 19428-2395 Cumberland County Tax Claim Bureau,C/O 5 S Hanover st Stephen D.Tiley,Esq. Carlisle,PA 17013-3307 PH#726440 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) Underground Storage Tank Indemnification 486 Forum Building Board C/O Commonwealth of Pennsylvania Harrisburg,PA 17120-1003 Department of Community and Economic Development Underground Storage Tank Indemnification 901 North 7th Street Board C/O The Pennsylvania Department of Harrisburg,PA 17102-1413 Insurance Manufacturers and Traders Trust Company 1 M&T Plaza Buffalo,NY 14240-2309 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address(if address cannot be reasonably ascertained,please indicate) Tenant/Occupant 1434 Three Square Hollow Road Newburg,PA 17240-9351 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle,PA 17013 Commonwealth of Pennsylvania P.O.Box 2675 Department of Welfare Harrisburg,PA 17105 Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh,PA 15222 U.S.Department of Justice 228 Walnut Street,Suite 220 U.S.Attorney for The Middle District of PA PO Box 11754 Federal Building Harrisburg,PA 17108-1754 PH#726440 Shaun B.Tiedt,C/O Jason P.Kutulakis,Esq. 2 West High Street Carlisle,PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date. Ilqoq By. Phelan Hallinan,LLP Michael Dingerdissen,Esq.,Id.No.317124 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH#726440 F2 J Green Tree Consumer Discount Compare, .�, COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. NO.: 10-1864-CIVIL Shaun B. Tiedt Defendant(s) Cumberland County NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Shaun B. Tiedt Shaun B. Tiedt 1434 Three Square Hollow Road 7500 Molly Pitcher Hwy Lot 69 Newburg, PA 17240-9351 Shippensburg, Pa 17257-8891 "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 1434 Three Square Hollow Road,Newburg,PA 17240-9351 is scheduled to be sold at the Sheriff's Sale on 12/03/2014 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street,Carlisle,PA 17013 to enforce the court judgment of$222,312.15 obtained by Green Tree Consumer Discount Company(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. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The,-sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this Lias happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty(30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 10-1864-CIVIL Green Tree Consumer Discount Company V. Shaun B. Tiedt owner(s) of property situate in the TOWNSHIP OF HOPEWELL, CUMBERLAND County, Pennsylvania, being 1434 Three Square Hollow Road,Newburg,PA 17240-9351 Parcel No. 11-06-0041-024 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $222,312.15 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION The land referred to in this Commitment is described as follows: The following Real Estate lying and being situate in Hopewell Township, Cumberland County,Pennsylvania, bounded and described as follows: TRACT NO 2: BEGINNING at a point in the centerline of Township Road 379 at a corner of lands now or formerly of Billy P. Hrbacek and Mary Jean Hrbacek,his wife;thence by lands now or formerly of Hrbacek,North 09 degrees, 55 minutes, 11 seconds West, 1,299.76 feet to a post;thence by lands now or formerly of Jacob Rice,North 57 degrees 07 minutes 0 seconds East, 356.83 feet to a pin;thence by lands now or formerly of Hrbacek, South 32 degrees 53 minutes 0 seconds West,446.07 feet to a pin;thence by the same,South 23 degrees 38 minutes 0 seconds West,446.07 feet to a pin;thence by the same,South 11 degrees 31 minutes 36 seconds East,915.07 feet to a point in the centerline of Township Road 379;thence by the centerline of said road, North 79 degrees 29 minutes 25 seconds West,220.42 feet to a point,the place of beginning. CONTAINING 7.925 acres according to survey to survey dated August 9, 1982,by John R. Kissinger,being Lot No.3 in the Plan of Lots of Robert F. Sachore recorded in Plan Book 42,at page 95. TITLE TO SAID PREMISES VESTED IN Shaun B.Tiedt,single man,by Deed from Fred Tiedt, single man,dated 08/17/2007,recorded 08/29/2007 in Instrument Number 200733818. PREMISES BEING: 1434 Three Square Hollow Road,Newburg,PA 17240-9351 PARCEL NO. 11-06-0041-024 � . - _. OF c� THE COURT OF COMMON PLEAS r` CUMBERLAND COUNTY PA o Z DAVID D. BUELL,PROTHONOTARY " One Courthouse Square• Suite 100 • Carlisle, PA • 17013 (717)240-6195 ipso www.ccpa.net GREEN TREE CONSUMER DISCOUNT COMPANY Vs. NO 10-1864 Civil Term CIVIL ACTION-LAW SHAUN B.TIEDT WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $222,312.15 L.L.: Interest Atty's Comm: Due Prothy: $2.25 Atty Paid: $1,60.,;11- Other Costs: Plaintiff Paid: Date: 8/28/2014 � � o � David D.Buell,Prothonotary (Seal) ."Ry: Deputy REQUESTING PARTY: Name: MICHAEL DINGERDISSEN,ESQUIRE Address: PHELAN HALLINAN,LLP 1617 JFK BLVD.,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No.317124 FILED—OFFICE THE PPOs T HQNQ TAY Phelan Hallinan, LLP cif I i OCT -8 AM It Adam H. Davis, Esq., Id. No.203034 TORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 GREEN TREE CONSUMER DISCOUNT COMPANY Plaintiff v. SHAUN B. TIEDT Court of Common Pleas Civil Division CUMBERLAND County No.: 10 -1864 -CIVIL Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on March 16, 2010. 2. Judgment was entered on May 19, 2010 in the amount of $183,723.81. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Plaintiff filed a prior Motion to Reassess Damages, which was granted by Order dated April 28, 2011, amending the judgment amount to $203,286.82. A true and correct copy of the Judgment Docket is attached hereto, made part hereof, and marked as Exhibit B. 4. Plaintiff filed another Motion to Reassess Damages, which was granted by Order dated February 7, 2012, amending the judgment amount to $222,312.15. A true and correct copy of the Order is attached hereto, made part hereof, and marked as Exhibit C. 726440 1 5. 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. 6. The Property is listed for Sheriffs Sale on December 3, 2014. 7. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through October 10, 2014 Legal fees Cost of Suit and Title Sheriffs Sale Costs Escrow Deficit $169,467.24 $74,862.58 $6,750.00 $2,510.78 $1,402.22 $22,901.98 TOTAL $277,894.80 8. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 9. 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. 10. Plaintiffs foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 11. 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, 2014 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "D". 726440 2 12. The Honorable Edward E. Guido entered Orders granting both a Motion for Special Service and a Motion to Reassess Damages. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: /0/7/74r By: Phelan Hallinan, LLP Adam H. Davis, Esquire ATTORNEY FOR PLAINTIFF 726440 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 GREEN TREE CONSUMER DISCOUNT COMPANY v. SHAUN B. TIEDT Plaintiff Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10 -1864 -CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE SHAUN B. TIEDT executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 1434 THREE SQUARE HOLLOW ROAD, NEWBURG, PA 17240-9351. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 726440 1 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 Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly Mrem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 726440 2 Company v. Bums, 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 also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 726440 3 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff IV. INTEREST The Mortgage clearly requires that the 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. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 726440 4 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiffs recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 726440 5 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 Sheriffs 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 Sheriffs sale date, as their interests will be divested by the Sheriffs 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 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. 726440 6 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. 726440 7 Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiffs Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: Phelan Hallinan, LLP By: Adam H. Davis, Esquire Attorney for Plaintiff 8 726440 Exhibit "A" 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 Janine 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 Attorney for Plaintiff LITTON LOAN SERVICING, L.P. : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS SHAUN B. TIEDT : CIVIL DIVISION No. 10 -1864 -CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against SHAUN B. TIEDT, Defendants) for failure to file an Answer to Plaintiff's Complaint within 20 days front service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: 1 } As set forth in Complaint Interest - 03/1112010 to 05/1812010 TOTAL 5181,041.09 $2:682.72 S183,723,8I I hereby certify that (1) the Defendant's last known address is 7500 MOLLY PITCHER HWY LOT 69, SHIPPENSIURG, PA 17257-8891, and mortgaged premises located at 1434 THREE SQUARE HOLLOW ROAD, NEWBURG, PA 17240-9351, and (2) that notice has been given in accordance with Rule 237.1, copy attached. Lawrence I, Phelan, Esquire Francis S. Hallinan, Esquire Daniel. G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenne R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. M i1caliy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire \Andrew C. Brambleti; Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE; PHS it 232605 PROTHONOTARY Exhibit "B" 14153811282011 Cumberland County Prothonotary's Office Page 1 Civil Case Inquiry 2010-01864 GREEN TREE CONSUMER DISCOUNT (vs) TIEDT SHAUN B Reference No..: Case Type • Judgment Judge Assigned: Disposed Desc.: Case Comments REAL PROPERTY - MORTGA 183723.81 GUIDO EDWARD E Filed Time Execution Date Jury Trial Disposed Date Higher Crt 1.: Higher Crt 2.: 3/16/2010 10:04 7/09/2010 0/00/0000 ******************************************************************************** General Index Attorney Info ******************************************************************************** GREEN TREE CONSUMER DISCOUNT PLAINTIFF COMPANY 7360 SOUTH KYRENE ROAD MAIL STOP T317 TEMPE, AZ 85283 LITTON LOAN SERVICING L P 4828 LOOP CENTRAL DR HOUSTON, TX 77081 TIEDT SHAUN B 1434 N HARMON ROAD A/K/A 134 3 SQUARE HOLLOW RD NEWBURG, PA 17240 PLAINTIFF TABAS LAUREN R PHELAN HALLINAN & SCHMIEG LLP ONE PENN CENTER PLAZA STE 1400 PHILADELPHIA, PA 19103 DEFENDANT ******************************************************************************** Judgment Index Amount Date Desc ******************************************************************************** TIEDT SHAUN B TIEDT SHAUN B TIEDT SHAUN B 183,723.81 183,723.81 203,286.82 5/19/2010 7/09/2010 4/29/2011 FAILURE TO ANSWER WRIT OF EXECUTION ORDER ******************************************************************************** * Date Entries * ******************************************************************************** 3/16/2010 4/08/2010 4/12/2010 FIRST ENTRY COMPLAINT - MORTGAGE FORECLOSURE BY LAUREN R TABAS ESQ PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE - BY ANDREW L SPIVACK ATTY FOR PLFF SHERIFF'S RETURN - 3/20/10 - COMPLAINT IN MORTGAGE FORECLOSURE UPON DEFT SHAUN BRADLEY TEIDT AT 1434 N HARMON ROAD NEWBURG 17240 SHERIFF'S RETURN - 4/7/10 - COMPLAINT IN MORTGAGE FORECLOSURE UPON DEFT SHAUN BRADLEY TEIDT AT CUMBERLAND COUNTY SHERIFFS OFFICE CARLISLE 17013 SHERIFF'S COST $92.00 14153811282011 Cumberland County Prothonotary's Office Page 2 Civil Case Inquiry 2010-01864 GREEN TREE CONSUMER DISCOUNT (vs) TIEDT SHAUN B Reference No..: Case Type • Judgment Judge Assigned: Disposed Desc.: Case Comments REAL PROPERTY MORTGA 183723.81 GUIDO EDWARD E 5/19/2010 PRAECIPE FOR DEFAULT JUDGMENT IN THE AMOUNT OF $183723.81 Filed Time Execution Date Jury Trial Disposed Date Higher Crt 1.: Higher Crt 2.: AND DEFAULT JUDGMENT ENTERED 3/16/2010 10:04 7/09/2010 0/00/0000 5/19/2010 NOTICE MAILED TO DEFENDANT 5/19/2010 VERIFICATION OF NON-MILITARY SERVICE BY ANDREW C BRAMBLETT ESQ 5/19/2010 IMPORTANT NOTICE FILED (DEFAULT JUDGMENT) BY VIVEK SRIVASTAVA ESQ 7/09/2010 PRAECIPE FOR WRIT OF EXECUTION ON REAL PROPERTY AND WRIT OF EXECUTION ISSUED - $2.50 PD ATTY - $2.00 DUE CO - $.50 DUE LL 7/09/2010 7/09/2010 7/09/2010 8/09/2010 8/12/2010 10/12/2010 11/09/2010 12/21/2010 1/04/2011 3/08/2011 3/08/2011 3/25/2011 CERTIFICATION - BY SHEETAL R SHAH-JANI ATTY FOR PLFF AFFIDAVIT PURSUANT TO RULE 3129.1 - BY SHEETAL R SHAN-JANI ATTY FOR PLFF NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO RULE 3129.2 MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT - BY VIVEK SRIVASTAVA ATTY FOR PLFF ORDER DATED 8-12-10 IN RE PLAINTIFF'S MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER - ORDERED AND DECREED THAT MOTION IS GRANTED - BY THE COURT EDWARD E GUIDO J -COPIES MAILED 8-12-10 VERIFICATION OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO PRCP 404 (2)/403 - BY ANDREW C BRAMBLETT ATTY FOR PLFF AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 - BY JENINE R DAVEY ATTY FOR PLFF EMERGENCY MOTION FOR POSTPONEMENT OF SHERIFFS SALE - BY LAUREN R TABAS ATTY FOR PLFF ORDER - 1/3/11 IN RE: EMERGENCY MOTION FOR POSTPONEMENT OF SHERIFFS SALE - IT IS ORDERED THAT THE SAID SALE IS EXTENDED 3 MONTHS TO THE REGULARY SCHEDULED CUMBERLAND COUNTY SHERIFFS SALE DATED 4/6/11 - BY EDWARD E GUIDO J - COPIES MAILED 1/4/11 ENTRY OF APPEARANCE - FOR PLFF - BY ALLISON F WELLS ESQ PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PLAINTIFF UNDER PA RCP 2352 GREEN TREE CONSUMER DISCOUNT COMPANY AS SUCCESSOR - BY ALLISON F WELLS ESQ PLAINTIFF'S MOTION TO REASSESS DAMAGES - BY ALLISON F WELLS ATTY FOR PLFF 3/29/2011 RULE - 3/29/11 IN RE: PLFFS MOTION TO RESSESS DAMAGES - A RULE IS 14153811282011 Cumberland County Prothonotary's Office Page Civil Case Inquiry 2010-01864 GREEN TREE CONSUMER Reference No..: Case Type • Judgment Judge Assigned: Disposed Desc.: Case Comments DISCOUNT (vs) TIEDT REAL PROPERTY - MORTGA 183723.81 GUIDO EDWARD E 4/05/2011 4/06/2011 4/11/2011 4/25/2011 4/29/2011 SHAUN B Filed Time Execution Date Jury Trial Disposed Date Higher Crt 1.: Higher Crt 2.: ENTERED UPON THE DEFT TO SHOW CAUSE WHY AN ORDER SHOULD NOT BE ENTERED GRANTING PLFFS MOTION TO REASSESS DAMAGES - DEFTS SHALL HAVE 20 DAYS OF THE DATE OF THIS ORDER TO FILE A RESPONSIVE PLEADING TO PLFFS MOTION TO REASSESS DAMAGES - IF NO RESPONSE IS FILED WITH THE COURT PLFF MAY FILE A MOTION TO MAKE RULE ABSOLUTE AND NO HEARING WILL BE SCHEDULED ON THIS MATTER - BY THE COURT EDWARD E GUIDO J - COPIES MAILED 3/29/11 3/16/2010 10:04 7/09/2010 0/00/0000 SUGGESTION OF RECORD CHANGE RE: DEFTS ADDRESS ON THE DOCKET - THIS SHOULD BE 1434 N HARMON ROAD A/K/A THREE SQUARE HOLLOW ROAD NEWBURG PA 17240-9351 - BY SHEETAL R SHAH JANI ATTY FOR PLFF CERTIFICATION OF SERVICE - COURTS RULE DATED 3/29/11 UPON DEFT - BY ALLISON F WELLS ATTY FOR PLFF SHERIFF'S RETURN - DATED 4/6/11 - WRIT RETURNED STAYED SHERIFF PAID - $2.00 CO - $.50 LL SHERIFF COSTS - $676.06 MOTION TO MAKE RULE ABSOLUTE - BY ALLISON F WELLS ATTY FOR PLFF ORDER - DATED 04-28-2011 - IN RE: MOTION TO MAKE RULE ABSOLUTE - IT IS HEREBY ORDERED AND DECREED THAT THE RULE ENTERED UPON DEFENDANTS SHALL BE AND IS HEREBY MADE ABSOLUTE PLAINTIFF'S MOTION TO REASSESS DAMAGES IN THE ABOVE CAPTAINED MATTER IS HEREBY GRANTED THE PROTHONOTARY IS ORDERED TO AMEND THE JUDGMENT FOR A TOTAL OF $ 203,286.82 - BY THE COURT EDWARD E GUIDO J - COPIES MAILED 04-29-11 11/23/2011 PRAECIPE TO SUBSTITUTE LEGAL DESCRIPTION NUNC PRO TUNC - BY LAUREN R TABAS ATTY FOR PLFF LAST ENTRY ******************************************************************************** * Escrow Information * * Fees & Debits Beg Bal Pymts/Adj End Bal * ******************************************************************************** COMPLAINT TAX ON CMPLT SETTLEMENT AUTOMATION JCP FEE JDMT/DEFAULT WRIT OF EXEC JDMT/ASSIGN 2007 SHERF FEE LAW LIB FEE 55.00 .50 8.00 5.00 23.50 14.00 24.00 8.00 2.00 .50 55.00 .50 8.00 5.00 23.50 14.00 24.00 8.00 2.00 .50 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 140.50 140.50 .00 14153811282011 Cumberland County Prothonotary's Office Page 4 Civil Case Inquiry 2010-01864 GREEN TREE CONSUMER DISCOUNT (vs) TIEDT SHAUN B Reference No..: Case Type • Judgment Judge Assigned: Disposed Desc.: Case Comments REAL PROPERTY - MORTGA 183723.81 GUIDO EDWARD E Filed Time Execution Date Jury Trial Disposed Date Higher Crt 1.: Higher Crt 2.: 3/16/2010 10:04 7/09/2010 0/00/0000 ******************************************************************************** * End of Case Information * ******************************************************************************** Exhibit "C" IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GREEN TREE CONSUMER DISCOUNT COMPANY vs. SHAUN B. TIEDT Plaintiff Defendant ORDER g>47.144") AND NOW, this '7 day of 2012, upon consideration of Plain 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 Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tune as follows: Court of Common Pleas Civil Division. CUMBERLAND County No.: 10 1864-CiVI 01,01 rn Principal Balance Interest Through March 7, 2012 Per Diem $38.89 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Mortgage Insurance Premium/ Private Mortgage Insurance Escrow Deficit $169,467.24 $38,081.34 $457.59 $1,550.00 $1,192.66 $715.06 $138.50 $388.59 $10,321.17, TOTAL $222,312.15 Plus interest from March 7, 2012 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. URT: 232605 Exhibit "D" PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania October 1, 2014 SHAUN B. TIEDT 7500 MOLLY PITCHER HWY LOT 69 SHIPPENSBURG, PA 17257-8891 RE: GREEN TREE CONSUMER DISCOUNT COMPANY v. SHAUN B. TIEDT Premises Address: 1434 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240 CUMBERLAND County CCP, No. 10 -1864 -CIVIL 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 6, 2014 Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff Enclosure 726440 Name and Address Of Sender 1.4 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 CMS Line Article Number Name of Addressee, Street, and Post Office Address Postage 50.47 SHAUN B. TIEDT 7500 MOLLY PITCHER HWY LOT 69 SHIP.PENSBURG, PA 17257-8891 50.47 SHAUN B. TIEDT 1434 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240-9351 50.47 SHAUN B. TIEDT 1434 NORTH HARMON ROAD NEWBURG, PA 17240-9133 50.47 5 50.47 RE: SHAUN B. TIEDT (CUMBERLAND) PH # 726440/1200 Page 1 of 1 52.35 Total Number of Pieces Received at Post Office Postmaster, Per (Name of Receiving Employee) The full declaration of value is required on all domestic and international registered malt. The ma for the reconstruction of nonnegotiable documents ander Express Mail document reconstruction insurance piece subject to a limit of$500,000 per occurrence. The maximum indemnity payable on Express Mail me c y3 The maximum indemnity payable is S25,000 for registered mail, sent with optional insurance. Sec Domtstt "M18 R900 S913 and 5921 for limitations of coverage. 726440 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 GREEN TREE CONSUMER DISCOUNT COMPANY Plaintiff v. SHAUN B. TIEDT ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10 -1864 -CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. SHAUN B. TIEDT 7500 MOLLY PITCHER HWY LOT 69 SHIPPENSBURG, PA 17257-8891 SHAUN B. TIEDT 1434 NORTH HARMON ROAD NEWBURG, PA 17240-9133 DATE: (77// By: SHAUN B. TIEDT 1434 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240-9351 JASON P. KUTULAKIS, ESQUIRE 2 WEST HIGH STREET CARLISLE, PA 17013 Phelan Hallinan, LLP Adam H. Davis, Esquire ATTORNEY FOR PLAINTIFF 726440 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GREEN TREE CONSUMER DISCOUNT COMPANY V. SHAUN B. TIEDT AND NOW, this Plaintiff Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 10 -1864 -CIVIL RULE / 3 *IN day of 014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on tatter. U//;a ki .54auti . 77.edt- P. /4.-/i4lak,,ey Copes Ma,'/ed 1011 og-c 31: N) 726440 Adam H. Davis, Esq., Id. No.203034 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 SHAUN B. TIEDT 7500 MOLLY PITCHER HWY LOT 69 SHIPPENSBURG, PA 17257-8891 SHAUN B. TIEDT 1434 NORTH HARMON ROAD NEWBURG, PA 17240-9133 SHAUN B. TIEDT 1434 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240-9351 JASON P. KUTULAKIS, ESQUIRE 2 WEST HIGH STREET CARLISLE, PA 17013 726440 726440 Phelan Hallinan, LLP TPF iTION011 Justin F. Kobeski, Esq., Id. No.200392 A1TORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 2ER OCT 2 1 El 10: 3 One Penn Center Plaza Philadelphia, PA 19103 CU;LD COU1'!TY justin.kobeski@phelanhallinan.com 215-563-7000 GREEN TREE CONSUMER DISCOUNT COMPANY Plaintiff vs. SHAUN B. TIEDT Court of Common Pleas Civil Division CUMBERLAND County No.: 10 -1864 -CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 13, 2014 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. JASON P. KUTULAKIS, ESQUIRE 2 WEST HIGH STREET CARLISLE, PA 17013 SHAUN B. TIEDT 7500 MOLLY PITCHER HWY LOT 69 SHIPPENSBURG, PA 17257-8891 SHAUN B. TIEDT 1434 NORTH HARMON ROAD NEWBURG, PA 17240-9133 DATE: By: SHAUN B. TIEDT 1434 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240-9351 Phelan Hall , LLP Justin ki, q., Id. No.200392 Attorney Plaintiff 726440 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1A 1617 JFK Boulevard, Suite 1400 " One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 P ATTORNEY FOR PLAINTIFF GREEN TREE CONSUMER DISCOUNT COMPANY vs. SHAUN B. TIEDT Plaintiff Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 10 -1864 -CIVIL MOTION TO MAKE RULE ABSOLUTE GREEN TREE CONSUMER DISCOUNT COMPANY, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above - captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on October 8, 2014. 2. A Rule was issued by the Honorable Judge Edward Guido on or about October 13, 2014 directing the Defendant to show cause by November 3, 2014 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. 3. The Rule to Show Cause was timely served upon all parties on October 20, 2014 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. 4. Defendant failed to respond or otherwise plead by the Rule Returnable date of November 3, 2014. 726440 2 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs. Motion to Reassess Damages. DATE: 11/40/1V By: Phelan Hallinan, LLP Jona, , n Lobb, Esq., Id. No.312174 Attorney for Plaintiff 3 726440 Exhibi `A' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA GREEN TREE CONSUMER DISCOUNT COMPANY v. SHAUN B. TIEDT Plaintiff Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 10 -1864 -CIVIL RULE AND NOW, this 3 _ day of&taftte.2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff s Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this:. atter J. T 726440 Exhibit "B" Phelan HaMilan, LLP : 4 " Justin F. Kobeski, Esq., 41. 10.6039g , ;c; 3 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 11400011 t One Penn Center Plaza;LOUT" C.9- Philadelphia, PA 19103 - \JAM f\ justin.kobeski@phelanhallinan.com 215-563-7000 GREEN TREE CONSUMER DISCOUNT COMPANY Plaintiff vs. SHAUN B. TIEDT Court of Common Pleas Civil Division CUMBERLAND County No.: 10 -1864 -CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 13, 2014 Rule A111911*\01; directing the Defendant to show cause as to why Plaintiffs Motion to ReassesskgAgeoismould, not be granted Was served upon the following individual on the date indicated below. JASON P. KUTULAKIS, ESQUIRE 2 WEST HIGH STREET CARLISLE, PA 17013 SHAUN B. TIEDT 7500 MOLLY PITCHER HWY LOT 69 SHIPPENSBURG, PA 17257-8891 SHAUN B. TIEDT 1434 NORTH HARMON ROAD NEWBURG, PA 17240-9133 DATE: By: SHAUN B. TIEDT 1434 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240-9351 iJAW • 1:kkft. JON Phelan Ha11j. Attorney Id. No.200392 726440 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 GREEN TREE CONSUMER DISCOUNT COMPANY Plaintiff vs. SHAUN B. TIEDT ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10 -1864 -CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. JASON P. KUTULAKIS, ESQUIRE 2 WEST HIGH STREET CARLISLE, PA 17013 SHAUN B. TIEDT 7500 MOLLY PITCHER HWY LOT 69 SHIPPENSBURG, PA 17257-8891 SHAUN B. TIEDT 1434 NORTH HARMON ROAD NEWBURG, PA 17240-9133 DATE: (% /0/4V By: SHAUN B. TIEDT 1434 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240-9351 Phelan Hallinan, LLP Jonat Lobb, Esq., Id. No.312174 Attorney for Plaintiff 726440 fr:LELI-OFFICR THE NO Ifi0ii3-TA,r( IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANI4014 Nov 13 Milo: GREEN TREE CONSUMER DISCOUNT COMPANY vs. Court ofCaChrift AN COUNTY PENNS YLVAN1A Plaintiff Civil Division CUMBERLAND County SHAUN B. TIEDT No.: 10 -1864 -CIVIL Defendant AND NOW, this J.3+L\' day of ORDE , 2014, upon consideration of Plaintiff s 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 Plaintiffs Motion to Reassess Damages in the above captioned matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance Interest Through October 10, 2014 Legal fees Cost of Suit and Title Sheriffs Sale Costs Escrow Deficit $169,467.24 $74,862.58 $6,750.00 $2,510.78 $1,402.22 $22,901.98 TOTAL $277,894.80 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. Cop t. Cs fri- I irk ntly .11 . 1.44.4y J 4.4314.-Lakis 26/4...3 riboy 726440 FILED -OFFICE OF THE PROTHONOTARY 20 NOV I t+ PH 1:12 CUMBERLAND COUNTY PENNSYLVANIA Michael J. Pykosh, Esquire ID # 58851 Bryan W. Shook, Esquire ID # 203250 Dethlefs Pykosh Shook & Murphy 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone — (717) 975-9446 BShook@dpIglaw.com GREEN TREE CONSUMER DISCOUNT COMPANY, Plaintiff v. SHAUN B. TIEDT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 10-1864 - CIVIL MORTGAGE FORECLOSURE EMERGENCY PETITION FOR LEAVE TO INTERVENE AND NOW comes Barbara Kay Lehman, by and through their legal counsel, Dethlefs Pykosh Shook & Murphy by Michael J. Pykosh, Esquire and Bryan W. Shook, Esquire, who respectfully petitions this Honorable Court, pursuant to Pa. R.C.P. 2326, et seq. for leave to intervene in the above captioned matter and in support thereof avers as follows: 1. Your Petitioner, Barbara Kay Lehman, is an adult individual currently residing at 1434 North Harmon Road, Newburg, Cumberland County Pennsylvania 17240 a/k/a 1434 Three Square Hollow Road, Newburg, Cumberland County Pennsylvania 17240. 1 2. Your Petitioner is indigent and was unable to secure representation or to discover her legal rights until contact was made with the Cumberland County Bar Association in October 2014 whereupon Petitioner's matter was placed with the undersigned law office as part of the pro bono referral system. 3. This matter allegedly arises out of a mortgage allegedly made by Shaun B. Tiedt on August 17, 2007 in favor of Mortgage Electronic Registration Systems, Incorporated as Nominee for Suntrust Mortgage, Inc. (Said Mortgage is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania as instrument number 200733819) (hereinafter referred to as the "Mortgage"). 4. This action was commenced by Litton Loan Servicing, L.P. with the filing of a Complaint in Mortgage Foreclosure on March 16, 2010. 5. In rem Judgment was entered in this action on in favor of Litton Loan Servicing, L.P. and against the real property owned Shaun B. Tiedt and secured by the Mortgage on May 19, 2010. BACKGROUND 6. Prior to August 16, 2005 Petitioner, Barbara K. Lehman was the sole owner of two tracts of real estate lying and being situated in Hopewell Township, Cumberland County, Pennsylvania. 7. Through a forged deed or otherwise fraudulent transfer Petitioners interests in the real estate were surreptitiously transferred to Fred Tiedt, the father of Defendant, Shaun B. Tiedt. (Said deed is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 270, Page 4078). 2 8. The aforementioned deed purported to transfer two tracts to Fred Tiedt more particularly described as: ALL THAT CERTAIN real estate lying and being situate in Hopewell Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO. 1: BEGINNING at a post in Township Route 379, at corner of lands now or formerly of M.M. Thrush; thence by lands now or formerly of Thrush, North 54 degrees, 50 minutes East, a distance of 1,086 feet to a post; thence South 0 degrees, 37 minutes East, a distance of 1,456.39 feet to a White Oak Stump; thence North 51 degrees, 30 minutes West, a distance of 453.76 feet to a spike in the aforesaid Township Road; thence by said Road North 45 degrees to a spike in the aforesaid Township Road; thence by said Road, North 45 degrees West a distance of 775.5 feet to a post, the point and place of BEGINNING. Containing 15.41 acres in accordance with a survey dated May 29, 1970, by Thomas A. Naff, R.S. TRACT NO. 2: BEGINNING at a point in the centerline of Township Road 379 at a corner of lands now or formerly of Billy P. Hrbacek and Mary Jean Hrbacek, his wife; thence by lands now or formerly of Hrbacek, North 09 degrees, 55 minutes, 11 seconds West a distance of 1299.76 feet to a post; thence by lands now or formerly of Jacob Rice, North 57 degrees, 07 minutes, 0 seconds East a distance of 356.83 feet to a pin; thence by lands now or formerly of Hrbacek, South 32 degrees, 53 minutes, 0 seconds West a distance of 446.07 feet to a pin; thence by the same South 23 degrees, 38 minutes, 0 seconds West a distance of 446.07 feet to a pin; thence by the same, South 11 degrees, 31 minutes, 36 seconds East, a distance of 915.07 feet to a point in the centerline of Township Road 379; thence by the centerline of said Road, North 79 degrees, 29 minutes 25 seconds West a distance of 220.42 feet to place of BEGINNING. Containing 7.925 acres according to a survey dated August 9, 1982, by John R. Kissinger, being Lot. No. 3 in the Plan of Lots of Robert F. Sachore recorded in Plan Book 42 at Page 95. 3 9. Both of the aforementioned tracts were collectively taxed as 11-06-0041-005 prior to August 29, 2007. 10. The tax parcel identification number for Tract 1 is currently 11-06-0041-005. 11. The tax parcel identification number for Tract 2 is currently 11-06-0041-024. 12. Fred Tiedt and Shaun B. Tiedt were living with Petitioner, in a domestically abusive situation on the property, at the time of the aforementioned transfer. 13. Two years and a day after the aforementioned and alleged transfer of Petitioner's interest in the subject property to Fred Tiedt, Fred Tiedt transferred Tract 2 to his son, Shaun B. Tiedt, defendant herein. (Said deed dated August 17, 2007 and recorded on August 29, 2007 is recorded in the Office of the Recorder of Deeds in and for Cumberland County as Instrument Number 200733818). 14..On this same date, August 17, 2007, Shaun B. Tiedt allegedly made the Mortgage to Suntrust securing to Suntrust a mortgage lien on Tract 2. 15. Tract 1 was then transferred from Fred Tiedt to Shaun B. Tiedt by deed dated October 11, 2007 and recorded on February 6, 2008 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania at instrument number 200803680. 16. Petitioner's residence is located mostly on Tract 1 but a portion of the curtilage and accessory functions of the residence is located on Tract 2. THE COURT HAS ORDERED THE RETURN OF PETITIONER'S PROPERTY 17. By Order of the Honorable Judge Hess of this County, dated September 3, 2009 and filed with the Prothonotary on September 8, 2009, in a protection from abuse -4 matter docketed at 09-5868 — Civil Term, Shaun B. Tiedt, was ordered to transfer ownership of Tracts 1 and 2 back to Petitioner. 18. Shaun B. Tiedt has failed to effectuate this transfer despite threats of contempt in the PFA docket. 19. Contemporaneously with the filing of this Petition, Petitioner is filing a renewed Motion to hold Mr. Tiedt in contempt in the PFA matter for failing to transfer the proper to Petitioner. TRACT 1 SHOULD BE UNENCUMBERED 20. The mortgage only encumbers Tract 2 (Tax Parcel Number 11-06-0041-024). 21.On May 22, 2012, Plaintiff commenced a separate action against Defendant to Quiet Title and Reform their Mortgage at Docket # 12-3242. 22.On February 26, 2013, Plaintiff filed a Complaint to Quiet Title in which they alleged that a mistake occurred and the Fred Tiedt "clearly and unmistakably" intended to convey both Tract 1 and Tract 2 to Shaun B. Tiedt on August 17, 2007. (Complaint to Quiet Title (Docket #12-3242) ¶ 12). 23. This was not clearly and unmistakably the intent of Fred Tiedt as is evidenced on the August 17, 2007 Deed. 24. Specifically, the August 17, 2007 specifically refers only to Tract 2 and the Statement of Value clearly states that the property being transferred is part of what was collectively referred to in prior deeds as tax parcel number 11-06-0041- 005. 5 25. Tax Parcel Number 11-06-0041-024 was only assigned by the Cumberland County Tax Assessment Office on August 29, 2007 after Fred Tiedt conveyed Tract 2 to Shaun B. Tiedt. 26. The gist of the averments in the Complaint to Quiet Title is inaccurate and mistaken. 27. Shaun B. Tiedt did not grant a mortgage to Suntrust which encumbered Tract 1 as Shaun B. Tiedt did not allegedly own Tract 1 until October 2007 which was after the Mortgage was signed in August 2007. 28. Further the Mortgage clearly indicates that the encumbered property is Tract 2. 29.A default judgment for want of answer was entered in the Quiet Title action on April 24, 2013. 30. By Court Order dated November 5, 2013 and recorded in the Office of the Recorder of Deeds office in and for Cumberland County on November 20, 2013, the Mortgage was reformed to encumber both tracts 1 and 2. 31. Petitioner has filed a Petition to Intervene in the Quiet Title/Mortgage Reformation Action contemporaneously herewith for leave to seek to have the Court Order of November 5, 2013 stricken. SHERIFF'S SALE IS SCHEDULED FOR DECEMBER 3, 2014 32. On or about August 28, 2014, at this docket, Plaintiff moved to Sheriff Sale Tract 2 of the subject property. 33. Tract 2 of the subject property is scheduled for Sheriff's Sale on December 3, 2014. 6 34. In the interest of justice Petitioner should be granted leave to intervene in this matter so as to protect her legal rights to the subject property. 35. Petitioner was not served with any documents in this matter despite the aforementioned September 3, 2009 Court Order directing Shaun B. Tiedt transfer his ownership interest in the property to Petitioner. 36. The failure to permit the intervention of Barbara Kay Lehman, may affect an otherwise legally enforceable interest that she enjoys in the subject property; therefore intervention is specifically requested pursuant to Pa. R.C.P. 2327(4). 37. If Petitioner is granted leave to intervene she intends to file a Motion for Equitable Relief (Exhibit "A" hereto). WHEREFORE, Petitioner, Barbara Kay Lehman, respectfully requests that this Honorable Court permit her intervention in this matter and postpone the Sheriff's sale scheduled for December 3, 2014 with respect to the subject real property. Respectfully Submitt i:/y / Date: / I-//- hof'/ 7 Micn -IJ. Pykosh, Esquire ID # 58851 Bryan W. Shook, Esquire ID # 203250 Dethlefs Pykosh Shook & Murphy 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717)975-9446 Michael J. Pykosh, Esquire ID # 58851 Bryan W. Shook, Esquire ID # 203250 Dethlefs Pykosh Shook & Murphy 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone — (717) 975-9446 BShook@dplglaw.com GREEN TREE CONSUMER DISCOUNT COMPANY, Plaintiff v. SHAUN B. TIEDT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 10-1864 - CIVIL MORTGAGE FORECLOSURE PETITION FOR EQUITABLE RELIEF AND NOW come Barbara Kay Lehman, by and through their legal counsel, Dethlefs Pykosh Shook & Murphy by Michael J. Pykosh, Esquire and Bryan W. Shook, Esquire, who respectfully petitions this Honorable Court, for equitable relief in the above captioned matter and in support thereof avers as follows: 1. Your Petitioner, Barbara Kay Lehman, is an adult individual currently residing at 1434 North Harmon Road, Newburg, Cumberland County Pennsylvania 17240 a/k/a 1434 Three Square Hollow Road, Newburg, Cumberland County Pennsylvania. 1 EXHIBIT 2. Your respondent is Green tree Consumer Discount Company c/o Michael Dingerdissen, Esquire, Phelan Hallinan, LLP 1617 JFK Blvd., Ste. 1400, One Penn Center Plaza, Philadelphia, Pennsylvania 19103. 3. Prior to August 16, 2005 Petitioner, Barbara K. Lehman was the sole owner of two tracts of real estate lying and being situated in Hopewell Township, Cumberland County, Pennsylvania. 4. Through a forged deed or otherwise fraudulent transfer Petitioner's interests in the real estate were surreptitiously transferred to Fred Tiedt, the father of Defendant, Shaun B. Tiedt. (Said deed is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 270, Page 4078). 5. The aforementioned deed purported to transfer two tracts to Fred Tiedt more particularly described as: ALL THAT CERTAIN real estate lying and being situate in Hopewell Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO. 1: BEGINNING at a post in Township Route 379, at corner of lands now or formerly of M.M. Thrush; thence by lands now or formerly of Thrush, North 54 degrees, 50 minutes East, a distance of 1,086 feet to a post; thence South 0 degrees, 37 minutes East, a distance of 1,456.39 feet to a White Oak Stump; thence North 51 degrees, 30 minutes West, a distance of 453.76 feet to a spike in the aforesaid Township Road; thence by said Road North 45 degrees to a spike in the aforesaid Township Road; thence by said Road, North 45 degrees West a distance of 775.5 feet to a post, the point and place of BEGINNING. Containing 15.41 acres in accordance with a survey dated May 29, 1970, by Thomas A. Naff, R.S. TRACT NO. 2: BEGINNING at a point in the centerline of Township Road 379 at a corner of lands now or formerly of Billy P. Hrbacek and Mary Jean 2 Hrbacek, his wife; thence by lands now or formerly of Hrbacek, North 09 degrees, 55 minutes, 11 seconds West a distance of 1299.76 feet to a post; thence by lands now or formerly of Jacob Rice, North 57 degrees, 07 minutes, 0 seconds East a distance of 356.83 feet to a pin; thence by lands now or formerly of Hrbacek, South 32 degrees, 53 minutes, 0 seconds West a distance of 446.07 feet to a pin; thence by the same South 23 degrees, 38 minutes, 0 seconds West a distance of 446.07 feet to a pin; thence by the same, South 11 degrees, 31 minutes, 36 seconds East, a distance of 915.07 feet to a point in the centerline of Township Road 379; thence by the centerline of said Road, North 79 degrees, 29 minutes 25 seconds West a distance of 220.42 feet to place of BEGINNING. Containing 7.925 acres according to a survey dated August 9, 1982, by John R. Kissinger, being Lot No. 3 in the Plan of Lots of Robert F. Sachore recorded in Plan Book 42 at Page 95. 6. Both of the aforementioned tracts were collectively taxed as 11-06-0041-005 prior to August 29, 2007. 7. The tax parcel identification number for Tract 1 is currently 11-06-0041-005. 8. The tax parcel identification number for Tract 2 is currently 11-06-0041-024. 9. Fred Tiedt and Shaun B. Tiedt were living with Petitioner, in a domestically abusive situation on the property, at the time of the aforementioned transfer. 10. Two years and a day after the aforementioned and alleged transfer of Petitioner's interest in the subject property to Fred Tiedt, Fred Tiedt transferred Tract 2 to his son, Shaun B. Tiedt, defendant herein. (Said deed dated August 17, 2007 and recorded on August 29, 2007 is recorded in the Office of the Recorder of Deeds in and for Cumberland County as Instrument Number 200733818). 3 11.On this same date, August 17, 2007, Shaun B. Tiedt allegedly made the Mortgage to Suntrust securing to Suntrust a mortgage lien on Tract 2. 12. Tract 1 was then transferred from Fred Tiedt to Shaun B. Tiedt by deed dated October 11, 2007 and recorded on February 6, 2008 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania at instrument number 200803680. 13. Petitioner's residence is located mostly on Tract 1 but a portion of the curtilage and accessory functions of the residence is located on Tract 2. The Court Orders the Return of Petitioner's Property 14. By Order of the Honorable Judge Hess of this County, dated September 3, 2009 and filed with the Prothonotary on September 8, 2009, in a protection from abuse matter docketed at 09-5868 — Civil Term, Shaun B. Tiedt, was ordered to transfer ownership of Tracts 1 and 2 back to Petitioner. 15. Shaun B. Tiedt has failed to effectuate this transfer despite threats of contempt in the PFA docket. 16. Your Petitioner, despite having an equitable and/or legal ownership interest in the subject property was not served with Original Process or any documents in the underlying Mortgage Foreclosure case. 17. Petitioner is the real owner of the property within the meaning of Pa. R.C.P. 1144. 18. The failure to serve your Petitioner with Original Process in this matter voids the underlying judgment. 4 19. Pursuant to Pa. R.C.P. 1144 and 1148, Plaintiff was required to name the real owner of the property, Barbara Kay Lehman, as a Defendant in this matter and if Ms. Lehman was unknown to Plaintiff, Plaintiff was required to state as much pursuant to Pa. R.C.P. 1148(3). 20. Petitioner pleads as a defense to the execution on the judgment her status as the real owner of the property, the failure to serve her with Original Process in this action or otherwise for the failure on the part of the Plaintiff to comply with Pa. R.C.P. 1148 and that a portion of her residence together with its curtilage and accessory uses lay upon Tract 2. 21. It would not be in the interest of public policy to permit this in rem judgment to stand. 22. It would not be in the interest of public policy to permit Tract 2 to be sold in a Sheriff's Sale because a portion of the residence together with its curtilage and accessory uses lay upon Tract 2 although the majority of the same lays upon Tract 1 which should be unencumbered. WHEREFORE, Petitioner, Barbara Kay Lehman, respectfully requests that this Honorable Court issue a Writ of Audita Querela against the unjust judgment and execution of Plaintiff in this matter so as to set Petitioner and her land aside from the Plaintiff and Plaintiff's claims against Petitioner's land. In the instance that a Writ of Audita Querela does not lay in this instance, Petitioner respectfully requests that this Honorable Court issue a Writ of Coram Nobis for the defects in process in the case underlying the judgment and also for the errors of fact in the same and void the in rem judgment in this matter. In the instance that neither a Writ of Audita Querela nor a Writ 5 of Coram Nobis lay in this instance, Petitioner respectfully requests that this Honorable Court enter such equitable relief as this Honorable Court deems necessary so as to protect the interests of justice, public policy and Petitioner's interests in the subject real estate and forbid the execution of the judgment as to Tracts 1 and 2 of the subject real estate. Date: 6 Respectfully Submitted, Michael J. Pykosh, Esquire ID # 58851 Bryan W. Shook, Esquire ID # 203250 Dethlefs Pykosh Shook & Murphy 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 VERIFICATION I hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. Date:i i I tfl arbara Kay Lehm • GREEN TREE CONSUMER DISCOUNT COMPANY, Plaintiff v. SHAUN B. TIEDT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 10-1864 - CIVIL MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Petition for Leave to Intervene, was hereby served by depositing the same within the custody of the United States Postal Service, 1st Class, postage prepaid, addressed as follows: Date: Michael Dingerdissen, Esquire Phelan Hallinan, LLP 1617 JFK Blvd., Suite 1400 One Penn Center Plaza Philadelphia, Pennsylvania 19103 Shaun B. Tiedt 7500 Molly Pitcher Hwy., Lot 69 Shippensburg, Pennsylvania 17257-8891 / Respectfully Submitted, Brya• . Shook, Esquire I.D. # 203250 Dethlefs Pykosh Shook & Murphy 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 PHELAN HALLINAN, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 GREEN TREE CONSUMER DISCOUNT COMPANY vs. SHAUN B. TIEDT Plaintiff Defendant FILED-CFFICF OFuL Pk3THONOT4i1 2014 NOV 17 A:71 9: 36 CUtiOEIL NO COUNTY PENNSYLVANIA CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 10 -1864 -CIVIL AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to SHAUN B. TIEDT on 10/9/2014 in accordance with the Order of Court dated 8/12/2010. The property was posted on 9/30/2014. Publication was advertised in The Cumberland Law Journal on 10/17/2014 & in The Sentinel on 10/22/2014. The undersigned understands that this statement is made subject o the penalties of 18 Pa.C,S. §4904 relating to the unsworn falsification to authorities. DATE: , Esq., Id. No. 8079 A aintiff , 0 AUG 10 2010 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 3 LITTON LOAN SERVICING, . L.P. vs. SHAUN B. 'IIEDT ORDER 4011 AND NOW, this a day of , 2010, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Notice of Sale and all future pleadings on Defendant(s), SHAUN B. TIEDT, by: 1. Posting of the premises: 1434 THREE SQUARE HOLLOW ROAD, • NEWBURG, PA 17240-9351. 2. First class mail to SHAUN B. TIEDT at the last known address, 7500 MOLLY PITCHER HWY LOT 69, SHIPPENSBURG, PA 17257-8891, and the mortgaged premises located at 1434 THREE SQUARE HOLLOW ROAD, NEWBURG, PA 17240-9351; and 3. Certified mail to SHAUN B. TIEDT at the last known address, 7500 MOLLY PITCHER HWY LOT 69, SHIPPENSBURG, PA 17257-8891 and the mortgaged premises located at 1434 THREE SQUARE HOLLOW ROAD, NEWBURG, PA 17240- 9351; and 4. Publication in accordance with PA. R.C.P. 430. Civil Division No. 10 -1864 -CIVIL 232605-KXC J. Roomy R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor . ��w��U��o�UU��|��U ��U��UU�� SHERIFF'S ~- .~. ~-_'~~_~~ ~~~~_-~--_'-__—_— COUNTY OFFICE OF THE SHERiFF Green Tree Consumer Discount Company Case Number vs. Shaun Bradley Tie2010-1864 |SHERIFF'S RETURN OF SERVICE 09/30/2014 11:54 AM - Deputy Dennis Frybeing duly sworn according to lawstates service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 1434 Three Square Hollow Road, Hopewell - Township, Newburg, PA 17240, Cumberland County. 09/302014 11:54 AM - Deputy Dennis Fry, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, upon the within named Defendant, to wit: Shaun Bradley Tiedt, pursuant to Order of Court by "Posting" the premises located at 1434 North Harmon Road, a/k/a 1434 Three Square Hollow Road, Newburg, PA 17240, Cumberland County with a true and correct copy according to law. SHERIFF COST: $965.74 . SO ANSWERS, October 08, 2014 (c) CounlySuite Sheriff, Teleosoft. Inc, RONNSI R ANDERSON, SHERIFF Name and Address of Sender PHELAN HALLMAN LLP One Penn Center at Suburban, Suite 1400 Philadelphia, PA 19103 Line Article Number Name of Addrtssee. Street, and Post Office Mdrcss Postage a Za- . - c 0 • v e ,44,:ov.l:1. - i ".• SHAUN B. T1EDT 7500 MOLLY PITCHER HWY LOT 69 SHIPPENSBURG, PA 17257-8891 **** SHAUN B. TIEDT 1434 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240-9351 4 **•* 5 **** 7 **** •*** 9 **es 10 **** 11 12 a*** ' 13 * 14 15 RE: TIEDT PH -726440 CUMBEKL4ND Total Number of Pieces Listed by Sender Total Number of Pieces Received at Post Office Postmaster, Per (Name of Receiving Employee) SPL -CERTIFICATE OF MAILING -NOS CODE -1020 1 i USPS CERTIFIED MAIL i 9214 8969 0096 4000 1617 24 i SPL / 726440 RESTRICTED DELIVERY SHAUN B. TIEDT 7500 MOLLY PITCHER HWY LOT 69 SHIPPENSBURG, PA 17257-8891 --fold here (regular) -- fold here (6x9) --fold here (regular) i i ,USPS CERTIFIED MAIL 1 1 i u 9214 8969 0096 4000 1617 31 SPL / 726440 RESTRICTED DELIVERY SHAUN B. TIEDT 1434 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240-9351 --fold here (regular) -- fold here (6x9) --fold here (regular) USPS.com® - USPS TrackingTM English Customer Service USPS Mobile OUSPS.COM. Quick Taal Ship a USPS TrackingTM Tracking Number: 9214896900964000161731 Updated Delivery Day: Tuesday, October 14, 2014 Product & Tracking Information Postal Product: Features: First -Class Mail° Certified Mail' Send Me Mange Your MI DATE & TIME STATUS OF ITEM LOCATION October 26, 2014 , 4:37 am Departed USPS Facility LANCASTER, PA 17604 Your item departed our USS facility in LANCASTER, PA 17604 on October 26, 2014 at 4:37 are. The item is currently in transit to the destination. Information, if available, is updated periodically throughout the day. Please check again later. October 25, 2014 , 9:07 am Arrived at USPS Facility October 14, 2014 , 7:27 am Moved, Left no Address October 14, 2014 , 7:27 am Arrived at Unit October 9, 2014, 9:48 pat Arrived at USPS Origin Facility October 9, 2014 6:33 pm Accepted at USPS Origin Sort Facility October 8, 2014 Pm -Shipment Info Sent to USPS Track Another Package Tracking (or receipt) number LANCASTER, PA 17604 NEWBURG, PA 17240 NEVVBURG, PA 17240 PHILADELPHIA, PA 19176 PHILADELPHIA, PA 19103 Track It Page 1 of 1 Register I Sign In Search USPS.com or Track Packages Subr Customer Service > Have questions? We're here to help. Available Actions Return Receipt Electronic Text Updates Email Updates LEGAL ON USPS.COM ON ABOUT.USPS.COM OTHER USPS SITES Privacy Policy Terms of Use , FOIA No FEAR Act EEO Data , Government Services Buy Stamps & Shop Print a Label with Postage Customer Service t Delivering Solutions to the Last Mile Site Index auspsamir Copyright0 2014 USPS. All Rights Reserved. About USPS Home Newsroom USPS Service Alerts Forms & Publications > Careers , Business Customer Gateway Postal Inspectors inspector General 't Postal Explorer r National Postal Museum , https://tools.usps.com/go/TrackConfinnAction.action?tLabels=9214896900964000161731 10/31/2014 USPS.com® - USPS TrackingTM English Customer Service USPSCOM Quick Tools USPS Tracking'M USPS Mobile Tracking Number: 9214896900964000161724 Updated Delivery Day: Tuesday, October 21, 2014 Product & Tracking Information Postal Product: Features: First -Class Mail® Certified Mail'" DATE & TIME October 21, 2014 , 10:00 am STATUS OF ITEM Delivered Slfttd kid Maws Your Mal Page 1 of 2 Register! Sign In Search USPS.com or Track Packages Subr Customer Service > Have questions? We're here to help. LOCATION PHILADELPHIA, PA 19103 PA 19103. PHILADELPHIA, PA 19103 PHILADELPHIA, PA 19104 PHILADELPHIA, PA 19176 PHILADELPHIA, PA 19176 LANCASTER, PA 17604 LANCASTER, PA 17604 SHIPPENSBURG, PA 17257 HARRISBURG, PA 17107 HARRISBURG, PA 17107 PHILADELPHIA, PA 19176 PHILADELPHIA, PA 19103 Your item was delivered at 10:00 am on October 21, 2014 in PHILADELPHI October 20, 2014 , 11:37 am October 20, 2014 , 10:59 am October 19, 2014 , 5:22 pm October 18, 2014 , 3:45 pm October 17, 2014 , 11:11 am October 16, 2014 , 12:59 pm October 11, 2014 , 9:14 am October 11, 2014 , 1:16 are October 10, 2014 , 3:34 pm October 9, 2014 , 9:48 pm October 9, 2014 , 8 October 8, 2014 pm Notice Left (No Authorized Recipient Available) Arrived at Unit Departed USPS Origin Facility Arrived at USPS Origin Facility Departed USPS Facility Arrived at USPS Facility Undeliverable as Addressed Departed USPS Facility Arrived at USPS Facility Arrived at USPS Origin Facility Accepted at USPS Origin Sort Facility Pre -Shipment Info Sent to USPS Track Another Package Tracking (or receipt) number Track It Available Actions Return Receipt Electronic Text Updates Email Updates https://tools.usps.com/go/TrackConfirmAction.action?tLabels=9214896900964000161724 10/31/2014 USPS.com® - USPS TrackingTM Page 2 of 2 LEGAL ON USPS.COM ON ABOUT.USPS.COM OTHER USPS SITES Privacy Policy > Terms of Use > FOP, No FEAR Act EEO Data > Government Services > Buy Stamps & Shop > Print a Label with Postage > Customer Service > Delivering Solutions to the Last Mile > Site index) IgUSPSOMIr Copyrighnb 2014 USPS. All Rights Reserved. About USPS Home > Newsroom USPS Service Alerts > Forms & Publications Careers > Business Customer Gateway > Postal inspectors > Inspector General > Postal Explorer National Postal Museum > https://tools.usps.com/go/TrackConfinnAction.action?tLabels=9214896900964000161724 10/31/2014 COMMONWEALTH OF PENNSYLVANIA i --o-ce `-'° PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz October 17, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. sa Marie Coy rje, Editor SWORN TO AND SUBSCRIBED before me this 17 day of October, 2014 i� Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28, 2018 CUMBERLAND LAW JOURNAL NOTICE OF SHERIFF'S SALE In the Court of Common Pleas of Cumberland County, Pennsylvania NO. 10 -1864 -CIVIL GREEN TREE CONSUMER DISCOUNT COMPANY vs. SHAUN B. TIEDT NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO: SHAUN B. TIEDT Being Premises: 1434 THREE SQUARE HOLLOW ROAD, NEW - BURG, PA 17240-9351. Being in HOPEWELL TOWNSHIP, County of CUMBERLAND, Com- monwealth of Pennsylvania, 11-06- 0041-024. Improvements consist of residen- tial property. Sold as the property of SHAUN B. TIEDT. Your house (real estate) at 1434 THREE SQUARE HOLLOW ROAD, NEWBURG, PA 17240-9351 is sched- uled to be sold at the Sheriff's Sale on December 3, 2014 at 10:00 A.M. at the CUMBERLAND County Court- house, 1 Courthouse Square, Room 303, Carlisle, PA 17013, to enforce the Court Judgment of $183,723.81 obtained by, GREEN TREE CON- SUMER DISCOUNT COMPANY (the mortgagee), against the above prem- ises. PHELAN HALLINAN, LLP Attorneys for Plaintiff Oct. 17 9 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Cathy Clark, Advertising Director, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of October 22, 2014. COPY OF NOTICE OF PUBLICATION NOTICE OF SHERIFF'S SALE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10 -1864 -CIVIL .} GREEN TREE CONSUMER DISCOUNT COMPANY Vs } SHAUN B. TIEDT NOTICE TO: SHAUN B. TIEDT NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Being Premises: 1434 THREE SQUARE HOLLOW ROAD, NEWBURG, PA { 17240-9351 Being in HOPEWELL TOWNSHIP, County 0fCUMBERLAND, Commonwealth of Pennsylvania, 11-06.0041-024 Improvements consist of residential property. .. I Sold as the property of SHAUN B. TIEDT , I I Your house (real estate) at 1434 THREE SQUARE HOLLOW ROAD, NEWBURG, PA 17240-9351 is scheduled to be sold at the Sheriff's Sale on 12/03/2014 at 10:00 AM, at the CUMBERLAND County Courthouse, 1 Courthouse Square, Room 303, Carlisle, PA 17013, to enforce the Court Judgment of $183,723.81 obtained by, GREEN TREE CONSUMER DISCOUNT COMPANY (the mortgagee), against the above premises. PHELAN HALLINAN, LLP . Attorney for Plaintiff Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are . ue. Now Sworn to and subscribed before me this &tot, ai-ober wAzt- My commission expires: COMMONWEALTH OF PEN_ NSYLVANIA Notarial Seal -- Bethany M. Holtry, Notary Public Carlisle Boro, Cumberland County My Commission Expires Sept. 26, 2015 MEMBER, PENNSYL1.!r. 'i , ,: "rr)CrATIf'w OF NOTARIES 7 20Y�lt GREEN TREE CONSUMER DISCOUNT COMPANY, Plaintiff v. SHAUN B. TIEDT, Defendant • • • • IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 10-1864 - CIVIL MORTGAGE FORECLOSURE ORDER OF COURT AND NOW, this 21sT day of NOVEMBER, 2014, a Rule is issued upon all parties to Show Cause why the Petition for Leave to Intervene filed by Barbara Kay Lehman should not be granted. Rule returnable twenty (20) days after service. It is further ordered that the Sheriff's Sale scheduled for WEDNESDAY, DECEMBER 3, 2014 is stayed pending further order. J. DISTRIBUTION LEGEND: Michael Dingerdissen, Esquire Phelan Hallinan, LLP 1617 JFK Blvd., Suite 1400 One Penn Center Plaza Philadelphia, Pennsylvania 19103 �- Shaun B. Tiedt 7500 Molly Pitcher Hwy., Lot 69 Shippensburg, Pennsylvania 17257-8891 Bryan W. Shook, Esquire Dethlefs Pykosh Shook & Murphy 2132 Market Street Camp Hill, Pennsylvania 17011 (gip, es ` a i led ///c;26//e/ /e/C4 FILED-':_;F:. ICE L THE Pia)T1-10NOTA16` DEC -3 gi 10: 39 Cni3EF,LA:','0 COUNTY PENSYLVANIA PHELAN HALLINAN, LLP Paul Cressman, Esq., Id. No.318079 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 paul.cressman@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Attorney for Plaintiff GREEN TREE CONSUMER DISCOUNT COMPANY Plaintiff : CIVIL DIVISION v. : No.: 10 -1864 -CIVIL SHAUN B. TIEDT Defendant(s) NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriffs Sale scheduled for 12/03/20 ed matter has been continued until 03/04/2015 at 10:00 Date: PH # 7 2644 0 Attorney fo iff 1 PHELAN HALLINAN, LLP Paul Cressman, Esq., Id. No.318079 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 paul.cressman@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Attorney for Plaintiff GREEN TREE CONSUMER DISCOUNT COMPANY Plaintiff : CIVIL DIVISION v. : No.: 10 -1864 -CIVIL SHAUN B. TIEDT Defendant(s) CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Notice of the Date of Continued Sheriffs Sale and Certificate of Filing were served by regular mail on the person(s) on the date listed below: SHAUN B. TIEDT 7500 MOLLY PITCHER HWY LOT 69 SHIPPENSBURG, PA 17257-8891 SHAUN B. TIEDT 1434 NORTH HARMON ROAD NEWBURG, PA 17240-9133 PH # 726440 SHAUN B. TIEDT 1434 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240-9351 SHAUN B. TIEDT C/O JASON P. KUTULAKIS 2 WEST HIGH STREET CARLISLE, PA 17013 Date: PH # 726440 A to an, Rxo,Id.No. 8079 nrPlaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 2Giid1EC -5 T 13.36 COlMTY PEf 1 S YLVA Attorney For Plaintiff GREEN TREE CONSUMER DISCOUNT COMPANY Plaintiff v. SHAUN B. TIEDT Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 10 -1864 -CIVIL PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P., 2352 TO THE PROTHONOTARY: Kindly substitute SUNTRUST MORTGAGE, INC. as successor Plaintiff for the originally named Plaintiff. Date: The material facts on which the right of succession and substitution are based as follows: SUNTRUST MORTGAGE, INC. is the current holder of the mortgage by virtue of that certain Assignment of Mortgage, which Assignment was recorded on 05/06/2014 in Instrument No. 201409305 of the Recorder of Deeds Office in and for CUMBERLAND County. Kindly amend the information on the docket accordingly. /2 3/fic PH # 726440 By: /47 Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff NOcs-F;v}meq sop s�y 31'!l9 y Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff GREEN TREE CONSUMER DISCOUNT COMPANY Plaintiff v. SHAUN B. TIEDT Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 10 -1864 -CIVIL PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF TO THE PROTHONOTARY: Please mark the judgment in the above -captioned matter to the use of SUNTRUST MORTGAGE, INC., located 1001 SEMMES AVENUE, RICHMOND, VA 23224 Date: / 2 73// r PH # 726440 PHELAN HALLINAN, LLP By: . 1.1 't 4,* Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff GREEN TREE CONSUMER DISCOUNT COMPANY Plaintiff v. SHAUN B. TIEDT Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 10 -1864 -CIVIL ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of SUNTRUST MORTGAGE, INC.. Date: /2/•)71 PHELAN HALLINAN, LLP By: PH # 726440 Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff GREEN TREE CONSUMER DISCOUNT COMPANY Plaintiff V. SHAUN B. TIEDT Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 10 -1864 -CIVIL CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Plaintiffs Praecipe to Mark Judgment to SUNTRUST MORTGAGE, INC., Substitution of Party Plaintiff and Entry of Appearance were served by regular mail on the person(s) on the date listed below: JASON P. KUTULAKIS, Esquire 2 WEST HIGH STREET CARLISLE, PA 17013 SHAUN B. TIEDT 7500 MOLLY PH CHER HWY LOT 69 SHIPPENSBURG, PA 17257-8891 Date: PHELAN HALLINAN, LLP By: &I'e"/"'"? Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff GREEN TREE CONSUMER DISCOUNT COMPANY, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA SHAUN B. TIEDT, : NO. 2010 — 1864 CIVIL TERM Defendant ORDER OF COURT AND NOW, this 30TH day of DECEMBER, 2014, it appearing that this matter has already been addressed by The Honorable Kevin A. Hess, our order of November 21, 2014, is VACATED. Michael Dingerdissen, Esquire 1617 JFK Blvd., Suite 1400 One Penn Center Plaza Philadelphia, Pennsylvania 19103 Shaun B. Tiedt 7500 Molly Pitcher Hwy., Lot 69 Shippensburg, Pa. 17257-8891 yan W. Shook Esquire 2132 Market Street Camp Hill, Pa. 17011 Sheriff Court Administrator :sld P{cc-C, iqa I iy By the Court, Edward E. Guido, J. C) C -y' rrl m (1L r. - c) 37, rri C-1 AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PH # 726440 SERVICE TEAM/ spl COURT NO.: 10 -1864 -CIVIL PLAINTIFF GREEN TREE CONSUMER DISCOUNT COMPANY DEFENDANT SHAUN B. TIEDT BARBARA KAY LEHMAN SERVE BARBARA KAY LEHMAN AT: 1434 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240-9351 SERVED TYPE OF ACTION XX Notice of Sheriffs Sale SALE DATE: March 4, 2015 Served and made known to BARBARA KAY LEHMAN, De endant on the 17 "''day of b&,4,6 bR 20 14, at ri t 00 o'clock t. M. at 14;4- T11Re& SewAR.k #ou-ou, grt, in the manner described below: ✓ Defendant personally served. NEWat/RG, p4, Adult family member with whom Dcfendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age 60 Height 54' Weight 115 Race 141 Sex F Other I Ronald Moll . a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 041704 NAME: PRINTED NAME: Ronald Moll TITLE: Proccss SCrver NOT SERVED On the dayof 20 , at o'clock . M.. I . a competent adult hereby state thaendnt NOT }OUNp because: Vacant Does Not Exist' _Moved Does Not Reside (Not Vacant) No Answer on • at • at Service Refused Other. • I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 SUNTRUST MORTGAGE, INC. Plaintiff v. SHAUN B. TIEDT ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10 -1864 -CIVIL Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on March 16, 2010. 2. Judgment was entered on May 19, 2010 in the amount of $183,723.81. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Plaintiff filed a prior Motion to Reassess Damages, which was granted by Order dated April 28, 2011, amending the judgment amount to $203,286.82. A true and correct copy of the Order is attached hereto, made part hereof, and marked as Exhibit "B'. 4. Plaintiff filed another Motion to Reassess Damages, which was granted by Order dated February 7, 2012, amending the judgment amount to $222,312.15. A true and correct copy of the Order is attached hereto, made part hereof', and marked as Exhibit "C". 726440 1 5. Plaintiff filed another Motion to Reassess Damages, which was granted by Order dated November 14, 2014, amending the judgment amount to $277,894.80. A true and correct copy of the Order is attached hereto, made part hereof, and marked as Exhibit "D". 6. 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. 7. The Property is listed for Sheriffs Sale on March 4, 2015. 8. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through January 16, 2015 Legal fees Cost of Suit and Title Sheriffs Sale Costs Escrow Deficit $169,467.24 $78,644.11 $7,275.00 $3,186.05 $2,902.22 $25,330.37 TOTAL $286,804.99 9. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 10. 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. 11. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff s attached brief. 12. 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 December 29, 726440 2 2014January 6, 2015 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit 13. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Edward Guido entered an order granting Plaintiffs Motion to Reassess Damages dated November 14, 2014. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: ()lab B Phelan Hallinan, LLP Justin obe • Esquire A ►"" ORNEY , OR PLAINTIFF 3 726440 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 SUNTRUST MORTGAGE, INC. Plaintiff v. SHAUN B. TIEDT Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10 -1864 -CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE SHAUN B. TIEDT executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 1434 THREE SQUARE HOLLOW ROAD, NEWBURG, PA 17240-9351. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 726440 1 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 Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 726440 2 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 also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 726440 3 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390,A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the 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. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 726440 4 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 726440 5 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 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. 726440 6 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become 726440 7 part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: Vas By: Phelan Hallinan, LLP iusti . Kobeski, Esq ire Attorney for Plaintiff 8 726440 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 hi Bradford. Esq., Id. No. 69849 Judith T. Romano, Esq,, Id. No, 58745 Sheetal R. Shah -Janis Esq., Id: No. 81760 Jt nine 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. 14. '90134 Chrisovalanie 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 LITTON LOAN SERVICING, L.P. : COURT OF COMMON PLEAS VS. SHAUN B. TIEDT Attorney. for Plaintiff CUMBERLAND COUNTY CIVIL DIVISION No. 10,1864 -CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against SHAUN B. TIEDT, 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 premisrs, and asses.s Plaintiff's damages as follows: As set forth in Complaint Interest - 03/11/2010 to 05/18/2010 TOTAL 5181,041.09 52,682.72 S183,723.8I I hereby certify that (1) the Defendant's last known address is.7500'MOLLY PITCHER HWY LOT 69, SHIPPENSBURG, PA 17257-8891,.and ioitgaged p>:emises-Iocated at1434 THREE SQUARE HOLLOW ROAD;'NEWBURG, PA 17240-9351 and (2) that notice has been`g ven in aceoidatice`with Rule '237.1,.COO attached: Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Scbmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah -Juni, Esquire Jenne R. Davey, Esquite •Lauren R, Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, squire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliiakos, Esquire Joshua I. Goldman, Esquire Courtenay R: Dunn, Esquire 1.A.ndrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: Pus A 232605 PROTHONOTARY Exhibit "B" 14153811282011 Cumberland County Prothonotary's Office Page 1 Civil Case Inquiry 2010-01864 GREEN TREE CONSUMER DISCOUNT (vs) TIEDT SHAUN B Reference No..: Case Type • Judgment Judge Assigned: Disposed Desc: Case Comments REAL PROPERTY MORTGA 183723.81 GUIDO EDWARD E Filed Time Execution Date Jury Trial Disposed Date Higher Crt 1.: Higher Crt 2.: 3/16/2010 10:04 7/09/2010 0/00/0000 ******************************************************************************** General Index Attorney Info GREEN TREE CONSUMER DISCOUNT PLAINTIFF COMPANY 7360 SOUTH.KYRENE ROAD MAIL STOP T317 TEMPE, _AZ 852.83 LITTON LOAN SERVICING L P 4828 LOOP CENTRAL. DR HOUSTON, TX 77081 TIEDT SHAUN B 1434 N HARMON ROAD A/K/A 134 3 SQUARE HOLLOW RD NEWBURG, PA 17240 PLAINTIFF TABAS LAUREN R PHELAN HALLINAN & SCHMIEG LLP ONE PENN CENTER PLAZA STE 1400 PHILADELPHIA, PA 19103 DEFENDANT *******************************************************************************.* Judgment Index Amount Date Desc **************************************************.**************.**************** TIEDT SHAUN B TIEDT SHAUN B TIEDT SHAUN B 183,723.81 183,723.81 7/09/2010 WRIT OF EXECUTION 203,286.82 4/29/2011 ORDER 5/19/2010 FAILURE TO ANSWER *****************.*************************.**************************.************ * Date Entries ********.*****************************.****************.*********.******.************ 3/16/2010 4/08/2010 4/12/2010 FIRST ENTRY COMPLAINT - MORTGAGE FORECLOSURE BY LAUREN R TABAS ESQ PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE - BY ANDREW L. SPIVACK ATTY FOR PLFF SHERIFF'S RETURN - 3/20/10 - COMPLAINT IN MORTGAGE FORECLOSURE UPON DEFT SHAUN BRADLEY TEIDT AT 1434 N HARMON ROAD NEWBURG 17240 SHERIFF'S RETURN - 4/7/10 - COMPLAINT IN MORTGAGE FORECLOSURE UPON DEFT SHAUN BRADLEY TEIDT AT CUMBERLAND COUNTY SHERIFFS OFFICE CARLISLE 17013 SHERIFF'S COST $92.00 14153811282011 Cumberland County Prothonotary's Office Page 2 Civil Case Inquiry 2010-01864 GREEN TREE CONSUMER DISCOUNT (vs) TIEDT SHAUN B Reference No..: Case Type • Judgment Judge Assigned: Disposed Desc.: Case Comments REAL PROPERTY - MORTGA 183723.81 GUIDO EDWARD E 5/19/2010 PRAECIPE FOR DEFAULT JUDGMENT IN THE AMOUNT OF $183723.81 Filed Time Execution Date Jury Trial Disposed Date Higher Crt 1.: Higher Crt 2.: AND DEFAULT JUDGMENT ENTERED 3/16/2010 10:04 7/09/2010 0/00/0000 5/19/2010 NOTICE MAILED TO DEFENDANT 5/19/2010 VERIFICATION OF NON-MILITARY SERVICE BY ANDREW C BRAMBLETT ESQ 5/19/2010 IMPORTANT .NOTICE FILED (DEFAULT JUDGMENT) BY VIVEK SRIVASTAVA ESQ 7/09/2010 PRAECIPE FOR WRIT OF EXECUTION ON REAL PROPERTY AND WRIT OF EXECUTION ISSUED - $2.50 PD ATTY - $2.00 DUE CO - $.50 DUE LL 7/09/2010 CERTIFICATION - BY SHEETAL R. SHAH-JANI ATTY FOR PLFF 7/09/2010 AFFIDAVIT PURSUANT TO RULE 3129.1 - BY SHEETAL R SHAN-JANI ATTY FOR PLFF 7/09/2010 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO RULE 3129.2 8/09/2010 8/12/2010 10/12/2010 11/09/2010 12/21/2010 1/04/2011 3/08/2011 3/08/2011 3/25/2011 MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT - BY.VIVEK SRIVASTAVA ATTY FOR PLFF ORDER DATED 8-12-10 IN RE PLAINTIFF'S MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER - ORDERED AND DECREED THAT MOTION IS GRANTED - BY THE COURT EDWARD E GUIDO J -COPIES MAILED 8-12-10 VERIFICATION OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO PRCP 404 (2)/403 - BY ANDREW C BRAMBLETT ATTY FOR PLFF AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 - BY JENINE R DAVEY ATTY FOR PLFF EMERGENCY MOTION FOR POSTPONEMENT OF SHERIFFS SALE - BY LAUREN R TABAS ATTY FOR PLFF ORDER - 1/3/11 IN RE: EMERGENCY MOTION FOR POSTPONEMENT OF SHERIFFS SALE - IT IS ORDERED THAT THE SAID SALE IS EXTENDED 3 MONTHS TO THE REGULARY SCHEDULED CUMBERLAND COUNTY SHERIFFS SALE DATED 4/6/11 - BY EDWARD E GUIDO J - COPIES MAILED 1/4/11 ENTRY OF APPEARANCE - FOR PLFF - BY ALLISON F WELLS ESQ PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PLAINTIFF UNDER PA RCP 2352 GREEN TREE CONSUMER DISCOUNT COMPANY AS SUCCESSOR - BY ALLISON F WELLS ESQ PLAINTIFF'S MOTION TO REASSESS DAMAGES - BY ALLISON F WELLS ATTY FOR PLFF 3/29/2011 RULE - 3/29/11 IN RE: PLFFS MOTION TO RESSESS DAMAGES - A RULE IS 14153811282011 2010-01864 GREEN Reference No..: Case Type • Judgment Judge Assigned: Disposed Desc.: Case Cumberland County Prothonotary's Office Civil Case Inquiry TREE CONSUMER DISCOUNT (vs) TIEDT SHAUN B REAL PROPERTY - 183723.81 GUIDO EDWARD E 4/05/2011 4/06/2011 4/11/2011 4/25/2011 4/29/2011 Comments MORTGA Filed • Time Execution Date Jury Trial Disposed Date Higher Crt 1.: Higher Crt 2.: ENTERED UPON THE DEFT TO SHOW CAUSE WHY AN ORDER SHOULD NOT BE ENTERED GRANTING PLFFS MOTION TO REASSESS DAMAGES - DEFTS SHALL HAVE 20 DAYS OF THE DATE OF THIS ORDER TO FILE A RESPONSIVE PLEADING TO PLFFS MOTION TO REASSESS DAMAGES - IF NO RESPONSE IS FILED WITH THE COURT PLFF MAY FILE A MOTION TO MAKE RULE ABSOLUTE AND NO HEARING WILL BE SCHEDULED ON THIS MATTER - BY THE COURT EDWARD E GUIDO J - COPIES MAILED 3/29/11 Page 3 3/16/2010 10:04 7/09/2010 0/00/0000 SUGGESTION OF RECORD CHANGE RE: DEFTS ADDRESS ON THE DOCKET - THI.S SHOULD BE 1434 N HARMON ROAD A/K/A THREE SQUARE HOLLOW ROAD NEWBURG PA 17240-9351 - BY SHEETAL R SHAH JANI ATTY FOR PLFF CERTIFICATION OF SERVICE - COURTS RULE DATED 3/29/11 UPON DEFT - BY ALLISON F WELLS ATTY FOR PLFF SHERIFF'S RETURN - DATED 4/6/11 - WRIT RETURNED STAYED SHERIFF PAID - $2.00 CO - $.50 LL SHERIFF COSTS - $676.06 MOTION TO MAKE RULE ABSOLUTE.- BY ALLISON F WELLS.ATTY FOR PLFF ORDER - DATED 04-28-2011 - IN RE: MOTION TO MAKE RULE ABSOLUTE - IT IS HEREBY ORDERED AND DECREED THAT THE RULE ENTERED UPON DEFENDANTS SHALL BE AND IS HEREBY MADE ABSOLUTE PLAINTIFF'S MOTION TO REASSESS DAMAGES IN THE ABOVE CAPTAINED MATTER IS HEREBY GRANTED THE PROTHONOTARY IS ORDERED TO AMEND THE JUDGMENT FOR A TOTAL OF $ 203,286.82 - BY THE COURT EDWARD E GUIDO J - COPIES MAILED 04-29-11 11/23/2011 PRAECIPE TO SUBSTITUTE LEGAL DESCRIPTION NUNC PRO TUNC - BY LAUREN R TABAS ATTY FOR PLFF LAST ENTRY ******************************************************************************** * Escrow Information * * Fees & Debits Beg Bal Pymts/Adj End Bal * *************************************************************.*.****************** COMPLAINT TAX ON CMPLT SETTLEMENT AUTOMATION JCP FEE JDMT/DEFAULT WRIT OF EXEC JDMT/ASSIGN 2007 SHERF FEE LAW LIB FEE 55.00 .50 8.00 5.00 23.50 14.00 24.00 8.00 2.00 .50 55.00 .50 8.00 5.00 23.50 14.00 24.00 8.00 2.00 .50 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 140.50 140.50 .00 14153811282011 Cumberland County Prothonotary's Office Civil Case Inquiry 2010-01864 GREEN TREE CONSUMER DISCOUNT (vs) Reference No....: Case Type REAL PROPERTY MORTGA Judgment 183723,81 Judge Assigned: GUIDO EDWARD E Disposed Desc.: Case Comments TIEDT SHAUN B Filed Time.........: Execution Date Jury Trial Disposed Date Higher Crt 1.: Higher Crt 2.: Page 4 3/16/2010 10:04 7/09/2010 0/00/0000 **************************-****************************************************** End of Case Information Exhibit "C" IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GREEN TREE CONSUMER DISCOUNT Coutt:o ' Cc tz mpnO5.las COMPANY Plaintiff ;Civil Division: vs. CUMBERLAND County. SHAUN B. TIEDT N'o: 10.1:864 CrVi Defendant fr! co ,y ORDERc~` r AND NOW, this day of 2012, upon cAztsideratiari of ,Platritt 's 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 Interest Through March 7, 2012 Per Diem $38:89 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Mortgage Insurance Premium/ Private Mortgage Insurance Escrow Deficit $169,467.24 $38,081.34 $457.59 $1,550.00 $1,192.66 $715.06 $138.50 $388.59 $10,321.17 TOTAL $222,312.15 Plus interest from March 7, 2012 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. 232605 r. r Exhibit "D" IN THE COURT OF COMMON PLEAS Or THE PR0-110NC) TA y CUMBERLAND COUNTY, PENNSYLVANIA.. 10111NOY 13 AM 10: 05 - GREEN TREE CONSUMER DISCOUNT COMPANY vs. SHAUN B. TIEDT Plaintiff Defendant 414' AND NOW, this 14 day of ORDE Court of ffigecteklin COUNTY PENNSYLVANIA Civil Division CUMBERLAND County No.: 10 -1864 -CIVIL 2014, upon consideration of Plaintiffs 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 Plaintiffs Motion to Reassess Damages in the above captioned 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 $169,467.24 Interest Through October 10, 2014 $74,862.58 Legal fees $6,750.00 Cost of Suit and Title $2,510.78 Sheriffs Sale Costs $1,402.22 Escrow Deficit $22,901.98 TOTAL $277,894.80 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. 726440 Exhibit "E" PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania December 26, 2014 JASON P. KUTULAKIS 2 WEST HIGH STREET CARLISLE, PA 17013 SHAUN B. TIEDT 7500 MOLLY PITCHER HWY LOT 69 SHIPPENSBURG, PA 17257-8891 RE: SUNTRUST MORTGAGE, INC. v. SHAUN B. TIEDT Premises Address: 1434 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240 CUMBERLAND County CCP, No. 10 -1864 -CIVIL 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 if/3/201S. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please bens 'dal accordingly. o.besk , Esq., Id. No.200392 for.Pla'tiff 726440 Name and Address Of Sender Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza me Philadelphia, PA 19103 JOH Article Number 1 Name of Addressee, Street, and Post Office Addres SHAUN B. TIEDT 7500 MOLLY PITCHER HWY LOT 69 SHIPPENSBURG, PA 17257-8891 SHAUN B. TIEDT 1434 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240-9351 SHAUN B. TIEDT 1434 NORTH HARMON ROAD NEWBURG, PA 17240-9133 Jason P. Kutulakis 2 WEST HIGH STREET CARLISLE, PA 17013 RE: SHAUN B. TIEDT (CUMBERLAND) Postage $0.47 $0.47 $0.47 .47 PH # 726440/1200 Page 0 1 $1.8 Total Number of Pieces Listed by Sender Form 3877 Facsimile Total Number of Pieces Received at Post Office Postmaster, Per (Name Receiving Employee) The fill declaration of value is required on all domestic and international registered mail. The maximum indemnity payable for the reconstruction of nonnegotiable documents under Express Mail document ontruction Express Mail mei S50.00e ip 5500. piece subject to a limit of 5500,000 per occurrence. The maximum indemnity payable The maximum indemnity payable is 525,000 for registered mail, sent with optional insurance. See Domestic Mail Manual R900 5913 and S921 for limitations of coverage. 72644 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 SUNTRUST MORTGAGE, INC. Plaintiff v. SHAUN B. TIEDT ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10 -1864 -CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. JASON P. KUTULAKIS, ESQUIRE 2 WEST HIGH STREET CARLISLE, PA 17013 SHAUN B. TIEDT 7500 MOLLY PITCHER HWY LOT 69 SHIPPENSBURG, PA 17257-8891 SHAUN B. TIEDT 1434 NORTH HARMON ROAD NEWBURG, PA 17240-9133 DATE:1l II 1/5 By: SHAUN B. TIEDT 1434 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240-9351 Phelan Hallinan, LLP ' Justin F. ATTO eski, Esq 4 ire Y FOR PLAINTIFF 726440 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA SUNTRUST MORTGAGE, INC. Plaintiff v. SHAUN B. TIEDT AND NOW, this Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 10 -1864 -CIVIL RULE ! 2 - day of 201; a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. 726440 Justin F. Kobeski, Esq., Id. No.200392 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 JASON P. KUTULAKIS, ESQUIRE 2 WEST HIGH STREET CARLISLE, PA 17013 SHAUN B. TIEDT 7500 MOLLY PITCHER HWY LOT 69 SHIPPENSBURG, PA 17257-8891 SHAUN B. TIEDT 1434 NORTH HARMON ROAD NEWBURG, PA 17240-9133 SHAUN B. TIEDT 1434 THREE SQUARE HOLLOW ROAD NEWBURG, PA 17240-9351 726440 726440