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HomeMy WebLinkAbout10-2241 2019 APR -Z PIS I : ca cum, -ry 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 L,?burtenay 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 235213 CITIMORTGAGE, INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 Plaintiff V. MARY C. PATRICK 417 3RD STREET NEW CUMBERLAND, PA 17070-2014 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. to - q-M( 0,-(\I'tl (em CUMBERLAND COUNTY 0 $Qa.oo PIJ Acv Wg38051 PA -IM8R4 File #: 235213 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 #: 235213 1. Plaintiff is CITIMORTGAGE, INC. 5280 CORPORATE DRIVE, MS 1011 FREDERICK, MD 21703 2. The name(s) and last known address(es) of the Defendant(s) are: MARY C. PATRICK 417 3RD STREET NEW CUMBERLAND, PA 17070-2014 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 08/25/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR PHILADELPHIA FINANCIAL MORTGAGE A DIVISION OF LEESPORT BANK, which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1964, Page 1207. 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 12/01/2009 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 #: 235213 6 The following amounts are due on the mortgage: Principal Balance $87,538.65 Interest $2,462.00 11/01/2009 through 04/02/2010 (Per Diem $16.19) Attorney's Fees $650.00 Cumulative Late Charges $164.92 08/25/2006 to 04/02/2010 Mortgage Insurance Premium / $71.58 Private Mortgage Insurance Costs of Suit and Title Search $55000 Subtotal $91,437.15 Suspense Credit $0.00 Escrow Credit ($720.75) Deficit $0.00 Subtotal ($720-75) TOTAL $90,716.40 7. 8. Plaintiff is nQt seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 235213 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $90,716.40, together with interest from 04/02/2010 at the rate of $16.19 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: n:iawrence 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 acourtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 235213 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: COMMENCING at a point on Third Street one hundred (100) feet East of the northeast corner of Third Street and Geary Avenue; Thence eastwardly along said Third Street, twenty-five (25) feet to dividing line between Lots Nos. 9 and 10; Thence northwardly along said dividing line between Lots Nos. 9 and 10, one hundred forty (140) feet to River Alley; Thence westwardly along said River Alley, twenty-five (25) feet to dividing line between Lots Nos. 10 and 11; Thence southwardly along said dividing line between Lots Nos. 10 and 11, one hundred forty (140) feet to the place of BEGINNING. BEING Lot No. 10, Block J, in the General Plan of George W. Buttorff s Addition to New Cumberland, as recorded in the Cumberland County Recorder's Office in Deed Book N, Volume 5, Page 500. HAVING THEREON ERECTED a frame dwelling known as No. 417 Third Street, New Cumberland, Pennsylvania. PARCEL NO. 25-25-0006-061 PREMISES: 417 3RD STREET, NEW CUMBERLAND, PA 17070-2014 File #: 235213 The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. omey for Plaintiff DATE: IZ, ((V File #: 235213 1. JP THE PRO T HONOTAR'-r 2013 OCT -4 NI 9: 43 CUMBERLAND COUNTY PENNSYLVANIA PHELAN HALLINAN, LLP BY: COURTENAY R. DUNN, ESQUIRE Identification No. 206779 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Courtenay.dunn@phelanhallinan.com (215) 563-7000 CitiMortgage, Inc. • Court of Common Pleas 5280 Corporate Drive • Civil Division MS1011 • Frederick, MD 21703 • Plaintiff • Cumberland County No.: 10-2241 v. • Mary C. Patrick • 417 3`d Street • New Cumberland, PA 17070-2014 • Defendant • STATEMENT OF INTENTION TO PROCEED TO THE COURT: The above-referenced foreclosure action was protected by the automatic stay provisions of the Defendant Mary C. Patrick Chapter 13 Bankruptcy filed on May 10, 2010 at Docket No. 1:10-03872 in the Middle District of Pennsylvania. Plaintiff intends to proceed with its above foreclosure action should the Defendant's Bankruptcy be dismissed or Plaintiff receives relief from the automatic stay. DATE: (0(1 ((;3) BY: Co -- any R.Dunn, Esquire Attorney for Plaintiff #907550 • 4 . A • PHELAN HALLINAN, LLP BY: COURTENAY R. DUNN, ESQUIRE Identification No. 206779 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Courtenay.dunn@phelanhallinan.com (215) 563-7000 CitiMortgage, Inc. • Court of Common Pleas 5280 Corporate Drive • Civil Division • MS1011 Frederick, MD 21703 Plaintiff • Cumberland County • No.: 10-2241 • v. • Mary C. Patrick • 417 3rd Street • New Cumberland, PA 17070-2014 • Defendant CERTIFICATION OF SERVICE I hereby certify a true and correct copy of Statement of Intention to Proceed was served by regular mail to the following on the date listed below: Mary C. Patrick 417 3rd Street New Cumberland, PA 17070-2014 DATE: (0 C4i �� BY: Courtenay R. Dunn, Esquire Attorney for Plaintiff #907550 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 CITIMORTGAGE, INC. vs. MARY C. PATRICK FILED-OFFIC THE PROTHONCTAI; 201If SEP 17 IMO: S8 CUMBERLAND COUNTY PENNSYLVANIA Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION • : No. 10 -2241 -CIVIL TERM 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 MARY C. PATRICK, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint TOTAL $90,716.40 $90,716.40 I hereby certify that (1) the Defendant's last known address is 417 3RD STREET, NEW CUMBERLAND, PA 17070-2014, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date VA -//‘ t•r/Zt.-t Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: C)11 111-1 PH # 729048 PROTHONOTARY 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 Attorney for Plaintiff CITIMORTGAGE, INC. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. : CIVIL DIVISION MARY C. PATRICK : No. 10 -2241 -CIVIL TERM AFFIDAVIT 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) MARY C. PATRICK is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, as amended. (b) that defendant MARY C. PATRICK is over 1.8 years of age and resides at 417 3RD STREET, NEW CUMBERLAND, PA 17070-2014. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date 6117(1/5( /`5( Phelan Hallinan, LLP 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 729048 Department of Defense Manpower Data Center Status Report t to Servlcemenbers Civil Relief Act Last Name: PATRICK First Name: MARY Middle Name: C Active Duty Status As Of: Sep -16-2014 Results as of : Sep -16.2014 12:07:12 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duly End Date Status Service Component NA NA ..":' :. _ J— °- No \ NA This response reflects the individuals' active duty status based on the Active Duty Status Date . ti` Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA ...— NA .^ - No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or HisMer Unit Was Notified of a Futu e Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Dare Status Service Component NA NA No: NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 (Rule of Civil Procedure No. 236) - Revised CITIMORTGAGE, INC. vs. MARY C. PATRICK : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 10 -2241 -CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 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 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. ** 729048 CITIMORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v.. MARY C. PATRICK NO. 10 -2241 -CIVIL TERM Defendant(s) TO: MARY C. PATRICK 417 3RD STREET NEW CUMBERLAND, PA 17070-2014 /2;.7 DATE OF NOTICE: CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE, IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: PH # 729048 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 Dieissen,Esq., Id. No.317124 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CitiMortgage, Inc. Plaintiff v. Mary C. Patrick Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 09/18/2014 to Date of Sale ($14.91 per diem) TOTAL Note: Please attach description of property. PH # 729048 060A, va soixt a fbr y3.30 &XF C)bkk . COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 10 -2241 -CIVIL TERM : CUMBERLAND COUNTY $90,716.40 $2,504.88 $93,221.28 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff Sb c.c, cy* )&f 37 r4 Huai Lk ;/ a/ ��r$ 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 CitiMortgage, Inc. Plaintiff V. Mary C. Patrick Defendant(s) ILED-OFFiCL ji; THE FRO THONO Ti.`,L • UR SEP 7 4M1i;Oij CUMBERLAND COUNTY PEs YLVAMA CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 10 -2241 -CIVIL TERM .• : 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 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: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff CitilVOrtgage, Inc. " Plaintiff V. Mary C. Patrick Defendant(s) E PRO Til 0 TA 20 ill SEP 17 / 0 : CUMBERLAND COUNT'/ PENNS YLVANIA COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10 -2241 -CIVIL TERM CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 CitiMortgage, Inc., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 417 3rd Street, New Cumberland, PA 17070-2014. 1. Name and address of Owner(s) or reputed Owner(s): Name Mary C. Patrick 2. Name and address of Defendant(s) in the judgment: Name Mary C. Patrick Address (if address cannot be reasonably ascertained, please so indicate) 417 3rd Street New Cumberland, PA 17070-2014 Address (if address cannot be reasonably ascertained, please so indicate) 417 3rd Street New Cumberland, PA 17070-2014 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4, Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Wells Fargo Financial Bank 3201 North 4th Avenue Sioux Falls, SD 57104 Wells Fargo Financial Bank PO Box 5943 Sioux Falls, SD 57117-5943 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. PH # 729048 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 Federal Building 417 3rd Street New Cumberland, PA 17070-2014 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: PH # 729048 By: Phelan Hallinan, LLP 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 CitiMortgage, In THE PROTHONOTi'd, 2C1tiSEP W11: CUMBERLAND COUkTY PENNSYLWilA Mary C. Patrick : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION : NO.: 10 -2241 -CIVIL TERM Defendant(s) : CUMBERLAND County NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Mary C. Patrick 417 3rd Street New Cumberland, PA 17070-2014 **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 417 3rd Street, New Cumberland, PA 17070-2014 is scheduled to be sold at the Sheriff's Sale on 03/04/2015 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $90,716.40 obtained by CitiMortgage, Inc. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. 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 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 10 -2241 -CIVIL TERM CitiMortgage, Inc. v. Mary C. Patrick owner(s) of property situate in the BOROUGH OF NEW CUMBERLAND, CUMBERLAND County, Pennsylvania, being 417 3rd Street, New Cumberland, PA 17070-2014 Parcel No. 25-25-0006-061 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $90,716.40 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: COMMENCING at a point on Third Street one hundred (100) feet East of the northeast corner of Third Street and Geary Avenue; Thence eastwardly along said Third Street, twenty-five (25) feet to dividing line between Lots Nos. 9 and 10; Thence northwardly along said dividing line between Lots Nos. 9 and 10, one hundred forty (140) feet to River Alley; Thence westwardly along said River Alley, twenty-five (25) feet to dividing line between Lots Nos. 10 and 11; Thence southwardly along said dividing line between Lots Nos. 10 and 11, one hundred forty (140) feet to the place of BEGINNING. BEING Lot No. 10, Block J, in the General Plan of George W. Buttorffs Addition to New Cumberland, as recorded in the Cumberland County Recorder's Office in Deed Book N, Volume 5, Page 500. HAVING THEREON ERECTED a frame dwelling TITLE TO SAID PREMISES IS VESTED IN Mary C. Patrick, by Deed from William C. Seely and Elizabeth A. Seely, his wife, dated 07/07/1998, recorded 07/16/1998 in Book 181, Page 546. PREMISES BEING: 417 3rd Street, New Cumberland, PA 17070-2014 PARCEL NO. 25-25-0006-061 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net CITIMORTGAGE, INC. Vs. MARY C. PATRICK WRIT OF EXECUTION NO 10-2241 Civil Tern CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COLTNTY: 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 person& 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: $90,716.40 L.L.: $.50 Interest FROM 9/18/2014 TO DATE OF SALE ($14.91 PER DIEM) - $2,504.88 Atty's Comm: Atty Paid: $180.30 Plaintiff Paid: Date: 9/17/14 Due Prothy: $2.25 Other Costs: (Seal) By: Deputy REQUESTING PARTY: Name: ADAM H. DAVIS, ESQUIRE Address: PHELAN HALLINAN, LLP 1617JFK BLVD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 203034 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203013C y u 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza r ' *` Philadelphia, PA 19103 Adam.Davis@PhelanHallinan. com 215-563-7000 CITIMORTGAGE, INC. Plaintiff v. MARY C. PATRICK .:1 • 17 ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10 -2241 -CIVIL TERM 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 April 5, 2010. 2. Judgment was entered on September 17, 2014 in the amount of $90,716.40. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. A Sheriffs Sale of the mortgaged property at 417 3RD STREET, NEW CUMBERLAND, PA 17070-2014 (hereinafter the "Property") was postponed or stayed for the following reason: 729048 1 a.) The Defendant, MARY C. PATRICK, filed a Chapter 13 Bankruptcy at Docket Number 1:10-03872 on May 10, 2010. Plaintiff obtained relief from the bankruptcy stay by order of court dated July 11, 2014. A true and correct copy of the Relief Order is attached hereto, made part hereof, and marked as Exhibit "B". 5. The Property is listed for Sheriffs Sale on March 4, 2015. 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 4, 2015 Legal fees Cost of Suit and Title Escrow Deficit $82,473.11 $8,396.14 $1,300.00 $1,212.00 $2,320.74 TOTAL $95,701.99 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 23, 2014 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 729048 2 11. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: (0/ Z77( Phelan Hallinan, LLP By: Z0y1•-"L Adam H. Davis, Esquire ATTORNEY FOR PLAINTIFF 3 729048 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 CITIMORTGAGE, INC. Plaintiff v. MARY C. PATRICK Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10 -2241 -CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE MARY C. PATRICK 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 417 3RD STREET, NEW CUMBERLAND, PA 17070-2014. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are 729048 1 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 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, 729048 2 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 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). 729048 3 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. 729048 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). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 729048 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 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. 729048 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 729048 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: /0/Z 77/c Phelan Hallinan, LLP By: Adam H. Davis, Esquire Attorney for Plaintiff 8 729048 Exhibit "A" 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 CITIMORTGAGE, INC. vs. MARY C. PATRICK ,r THE PROTHONO TA11 '. Attorney for Plaintiff 2014 SEP 17 M11n: 58 CUMBERLAND COUNTY PENNSYLVANIA CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 10 -2241 -CIVIL TERM 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 MARY C. PATRICK, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint TOTAL $90,716.40 $90,716.40 I hereby certify that (1) the Defendant's last known address is 417 3RD STREET, NEW CUMBERLAND, PA 17070-2014, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date "6 /! bM4 Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE Ci I1II PFI 4 729048 PROTHONOTARY Exhibit "B" IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: MARY C. PATRICK BK. No. 1:10-bk-03872 MDF CITIMORTGAGE, INC. v. MARY C. PATRICK Debtor Chapter No. 13) Movant 11 U.S.C. §362 Respondent ORDER MODIFYING SECTION 362 AUTOMATIC STAY Upon consideration of Motion of CITIMORTGAGE, INC. (Movant), and after Notice of Default and the filing of a Certification of Default, it is: ORDERED AND DECREED: that Movant shall be permitted to communicate with the Debtor(s) and Debtor's counsel to the extent necessary to comply with applicable nonbankruptcy law; and it is further; ORDERED AND DECREED: that Relief from the Automatic stay of all proceedings, as provided under 11 U.S.C. §362 is granted with respect to, 417 3RD STREET, NEW CUMBERLAND, PA 17070- 2014(hereinafter the Premises) (as more fully set forth in the legal description attached to the Mortgage of record granted against the Premises), as to allow Movant, its successors or assignee's, to proceed with its rights under the terms of said Mortgage; and it is further; ORDERED AND DECREED: that Rule 4001(a)(3) is not applicable and CITIMORTGAGE, INC. may immediately enforce and implement this Order granting Relief from the Automatic Stay. Dated: July 11, 2014 By the; Con } Case 1:10-bk-03872-MDF Doc 52 Filed 07/11/14 Entered 07/11/14 12:04:45 Desc Main Document Page 1 of 1 Exhibit "C" 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 17, 2014 MARY C. PATRICK 417 3RD STREET NEW CUMBERLAND, PA 17070-2014 RE: CITIMORTGAGE, INC. v. MARY C. PATRICK Premises Address: 417 3RD STREET NEW CUMBERLAND, PA 17070 CUMBERLAND County CCP, No. 10 -2241 -CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 10/22/2014. 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., 14 No.203034 Attorney for Plaintiff Enclosure 729048 Name and Address Of Sender Line 114 Article Number Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 JOH Name of Addressee, Street, and Post Office Address MARY C. PATRICK 417 3RD STREET NEW CUMBERLAND, PA 17070-2014 Total Number of Pieces Listed by Sender Form 3877 Facsimile RE: MARY C. PATRICK (CUMBERLAND) PH # 729048/1200 Page 1 of 1 Total Number of Pieces Received at Post Office Postage $0.48 50.48 Postmaster, Per (Name of Receiving Employee) The full declaration of value is required On all domestic and inlemational registered mail. The ma, for the recomtruct'ron of nonnegotiable documents under Express Mail document reconstntction int piece subject to a limit of $500;000 per occurrence. Tile maximum indemnity payable on Express The maximum indemnity payable is S25,000 for registered mail, sem with optional insurance. Sce R900 S913 and S921 for limitations of coverage, ur 729048 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 CITIMORTGAGE, INC. Plaintiff v. MARY C. PATRICK ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10 -2241 -CIVIL TERM 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. MARY C. PATRICK 417 3RD STREET NEW CUMBERLAND, PA 17070-2014 DATE: rOa 717 Phelan Hallinan, LLP By: Adam H. Davis, Esquire ATTORNEY FOR PLAINTIFF 729048 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CITIMORTGAGE, INC. Plaintiff v. MARY C. PATRICK Defendant RULE Court of Common Pleas Civil Division CUMBERLAND County No.: 10 -2241 -CIVIL TERM AND NOW, this 30` day of dt'3 ., 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 Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. Cr) "7 az .c- c) c) LD 729048 Adam H. Davis, Esq., Id. No.203034 Phelan HaMilan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 MARY C. PATRICK 417 3RD STREET NEW CUMBERLAND, PA 17070-2014 729048 729048 PLAINTIFF CITIMORTGAGE, INC. DEFENDANT MARY C. PATRICK SERVE MARY C. PATRICK AT: 417 3RD STREET NEW CUMBERLAND, PA 17070-2014 AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PH # 729048 SERVICE TEAM/ lxh COURT NO.: 10 -2241 -CIVIL TERM TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: March 4, 2015 SERVED Served and made known to MARY C. PATRICK, Defendant on the today of mGTO6M-, 20 I+, at 55 -, o'clock , . M., at 417 310511 NEwatMBE$(4,ND,P4, in the manner described below: fendant 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 461 Height 5,5,. Weight 145' Race W Sex F Other 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: ( f If NAME: PRINTED NAME: Ronald Moil Process Server TITLE: NOT SERVED On the day of,20 , at o'clock . M., I, state that Defendant NOT FOUND ecause: Vacant Does Not Exist , a competent adult hereby _ Moved _ Does Not Reside (Not Vacant) No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 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 CITIMORTGAGE, INC. Plaintiff vs. MARY C. PATRICK FILE :J -Or FILE= 01- THE PRO T,EG ;OTAW 291 14 Nov -7 kap lA i9RNEY FOR PLAINTIFF CUr*l.3ERl-NF:o COUP f t PENSYLVA? jA Court of Common Pleas Civil Division CUMBERLAND County No.: 10 -2241 -CIVIL TERM Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 30, 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. MARY C. PATRICK 417 3RD STREET NEW CUMBERLAND, PA 17070-2014 DATE: By: Phelan LLP Justin F. Attorn eski, 'sq., Id. No.200392 for Plaintiff 729048 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 , ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 - • " - One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 CITIMORTGAGE, INC. : Court of Common Pleas Plaintiff • : Civil Division vs. : : CUMBERLAND County MARY C. PATRICK • : No.: 10-2241-CIVIL TERM Defendant • MOTION TO MAKE RULE ABSOLUTE CITIMORTGAGE, INC., by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on October 28, 2014. 2. A Rule was issued by the Honorable Kevin A. Hess on or about October 30, 2014 directing the Defendant to show cause by November 19, 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 November 6, 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 19, 2014. 729048 2 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan, LLP DATE: ( (121 I(' By: l nathan Lobb, Esq.,Id.No.312174 Attorney for Plaintiff 729048 3 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CITIMORTGAGE, INC. • Court of Common Pleas Plaintiff Civil Division v. CUMBERLAND County MARY C. PATRICK No.: 10-2241-CIVIL TERM Defendant RULE AND NOW,this day of 4116 2014, 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 this matter. BY THE COURT ' J. rico o rn x .-, -13r, ter- wx-; G) --3 c' <C3 -e, CD ; 729048 Exhibit "B" Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 CITIMORTGAGE, INC. Court of Common Pleas Plaintiff • Civil Division vs. CUMBERLAND County MARY C. PATRICK • No.: 10-2241-CIVIL TERM Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 30, 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. MARY C.PATRICK 417 3RD STREET NEW CUMBERLAND,PA 17070-2014 Phelan H ma LLP AO," DATE: l / By: Justin—7 .eski, ' •.,Id.No.200392 Attoni for Plaintiff 729048 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 CITIMORTGAGE, INC. : Court of Common Pleas Plaintiff • : Civil Division • vs. : CUMBERLAND County MARY C. PATRICK • : No.: 10-2241-CIVIL TERM 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. MARY C. PATRICK 417 3RD STREET NEW CUMBERLAND, PA 17070-2014 Phelan Hallinan, LLP DATE: (112-thy By: Jo an Lobb, Esq., Id. No.312174 Attorney for Plaintiff 729048 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA,OMEC _ CITIMORTGAGE, INC. Court of comnwaftarl LAND COUNTY Plaintiff PENNSYLVANIA Civil Division r FILED -OF �Y it..r CFTHE PROTHONOTARY vs. MARY C. PATRICK Defendant CUMBERLAND County No.: 10 -2241 -CIVIL TERM ORDER AND NOW, this / day of ,L44.•S # , 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 March 4, 2015 Legal fees Cost of Suit and Title Escrow Deficit $82,473.11 $8,396.14 $1,300.00 $1,212.00 $2,320.74 TOTAL $95,701.99 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. 729048