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HomeMy WebLinkAbout10-4329 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 .Wime 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 229155 THr' ..,TA Y 'J .,. . 2010 JUG! '30 PH 2: 32 CUMt t' , TY ATTORNEY FOR PLAINTIFF CITIMORTGAGE INC., SB/M TO CITIFINANCIAL MORTGAGE COMPANY, INC. COURT OF COMMON PLEAS 1000 TECHNOLOGY DRIVE MAIL STATION O'FALLON, MO 63368-2240 Plaintiff v. ROBERT C. FLETCHER 308 ANDERSONTOWN ROAD MECHANICSBURG, PA 17055-6024 Defendant CIVIL DIVISION TERM NO. 10 - 4329 Civil term CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE GJ +qd. eo P A ATtY sir q (A 748 File #: 229155 I . 1 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 #: 229155 1. Plaintiff is CITIMORTGAGE INC., SB/M TO CITIFINANCIAL MORTGAGE COMPANY, INC. 1000 TECHNOLOGY DRIVE, MAIL STATION O'FALLON, MO 63368-2240 2. The name(s) and last known address(es) of the Defendant(s) are: ROBERT C. FLETCHER 308 ANDERSONTOWN ROAD MECHANICSBURG, PA 17055-6024 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/05/2002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to THE PROVIDENT BANK DBA PCFS FINANCIAL SERVICES, INC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1753, Page 2449. By Assignment of Mortgage recorded 09/09/2002 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 690, Page 294. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/10/2009 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 #: 229155 6. The following amounts are due on the mortgage: Principal Balance $122,335.38 Interest $11,315.04 04/10/2009 through 06/04/2010 (Per Diem $26.9138) Attorney's Fees $650.00 Cumulative Late Charges $194.84 03/05/2002 to 06/04/2010 Property Inspections/Property Preservations $54.00 Appraisal/Brokers Price Opinion $168.00 Costs of Suit and Title Search $550.00 Escrow Deficit $4,014.62 TOTAL $139,281.88 7. 9 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). File #: 229155 10. JOAN F. FLETCHER was a co-record owner of the mortgaged premises as a tenant by the entirety. By virtue of JOAN F. FLETCHER's death on or about 07/14/2000, her ownership interest was automatically vested in the surviving tenant by the entirety. 11. Plaintiff hereby releases JOAN F. FLETCHER from liability for the debt secured by the mortgage. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $139,281.88, together with interest from 06/04/2010 at the rate of $26.9138 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: ` ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 229155 LEGAL DESCRIPTION ALL THOSE TWO CERTAIN TRACTS OF LAND SITUATE IN THE BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, MORE FULLY BOUNDED AND DESCRIBED AS FOLLOWS: TRACT NO 1: ALL THAT CERTAIN Lot OF GROUND WITH A DOUBLE TWO-STORY FRAME DWELLING HOUSE, KNOWN AS NOS. 26-28 North SPRING Street, AND OTHER IMPROVEMENTS THEREON ERECTED, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CURB LINE ON THE West SIDE OF North SPRING Street AT A PRIVATE DRIVEWAY; THENCE IN A Westerly DIRECTION BY SAID DRIVEWAY ALONG LANDS NOW OR FORMERLY OF J. A. HARGLEROAD & COMPANY A DISTANCE OF 115 FEET TO AN IRON PIN; THENCE IN A Northerly DIRECTION AND OTHER LANDS NOW OR FORMERLY OF J. A. HARGLEROAD & COMPANY 69 FEET TO AN IRON PIN ON LINE NOW OR FORMERLY OF SAM M. BOWERS; THENCE BY THE SAID BOWERS LAND IN AN Easterly DIRECTION A DISTANCE OF 132 FEET 10 INCHES TO A POINT ON THE CURB LINE ON THE West SIDE OF North SPRING Street; THENCE BY North SPRING Street IN A Southerly DIRECTION A DISTANCE OF 70 FEET MORE OR LESS TO THE PLACE OF BEGINNING. TRACT NO. 2: ALL THAT CERTAIN STRIP OF LAND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CURB LINE ON THE West SIDE OF SPRING Street AT LINE OF LAND NOW OR FORMERLY OF HOWARD W. LYONS AND EMMA K. LYONS, HIS WIFE, AND LAND NOW OR FORMERLY OF THE ESTATE OF FRED K. HARGLEROAD, FORMERLY DESIGNATED AS A PRIVATE DRIVEWAY; THENCE ALONG LAND NOW OR FORMERLY OF THE SAID HOWARD W. LYONS AND EMMA K. LYONS, HIS WIFE, South 51 DEGREES 48 MINUTES West 115 FEET TO AN IRON PIN AT CORNER OF LAND NOW OR FORMERLY OF THE ESTATE OF FRED K. HARGLEROAD AND LAND NOW OR FORMERLY OF HOWARD W. LYONS AND EMMA K. LYONS, HIS WIFE; THENCE ALONG OTHER LAND NOW OR FORMERLY OF THE ESTATE OF FRED K. HARGLEROAD, South 39 DEGREES 31 MINUTES East A DISTANCE OF 8 FEET TO A POINT; THENCE BY OTHER LAND NOW OR FORMERLY OF THE ESTATE OF FRED K. HARGLEROAD, North 51 DEGREES 48 MINUTES East A DISTANCE OF 110 FEET, MORE OR LESS, TO A POINT ON THE CURB LINE ON THE West SIDE OF SPRING Street; THENCE BY THE CURB LINE OF THE SAID Street, North 20 DEGREES 52 MINUTES East A DISTANCE OF 8 FEET TO THE PLACE OF BEGINNING. PROPERTY ADDRESS: 26-28 NORTH SPRING STREET, SHIPPENSBURG, PA 17257-1119 PARCEL # 34-34-2417-008 File #: 229155 VERIFICATION hereby states that he/she is Foreclosure Analyst of CITIMORTGAGE, INC., servicing agent for Plaintiff in this matter, CITIMORTGAGE INC., SB/M TO CTTIFINANCIAL MORTGAGE COMPANY, INC., that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: U Z'Ol0 PHS#: 229155 Servicer: CITIMORTGAGE, INC. Name:FLETCHER Phelan Flallinan c~ Scbmieg, L,LI' Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. 1-Iallinan, Laq., Id. No. 62695 '~ Daniel G. Scbmieg, Iaq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 .ludith "1'. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, L-'sq., ]d. No. 81760 Jcnine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 43337 Vivek Srivastava, Esq., Id. No. 202331 .lay B. Jones, Esq., ]d. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L,. Spivack, Esq., Id. No, 84439 Jaime McGuinness, Esq., ]d. No. 90134 Chrisovalantc P. l:liakos, Esq., ]d. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Iaq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 Onc Penn C:entcr Plaza Philadelphia, PA 19103 21 ~i63i7s)90 CITIMORTGAGE INC., S/I3/M "CO CI"C[FINANCIAL MORTGAGE COMPANY, INC. Plaintiff vs. RO]31?R'h C, FLETCHI~R Defendants ~~~~~'Q~~~~~ ~~~~~~~.~~ eol~r~rY f'~4~~~~YL~r~~w1 ~, A'I'"1'ORNI',Y hOR PLA1N~'ll~l: LOUR"1' OI~ COMMON PLEAS CNiL DIVISION CUMI3I~,RLAND COUN'T'Y No. I0-1329 CIVIL T1~RM L]2Ai+;('jPI+, Tn REINS'T'A'T'E. C;iyII. AC"I'i~ T/ )R'I'GA(~F, FO1~E('LOSIIRI? 22ylss ~l0•04 PQ ATE ~* r~aa7 ~~ as 9oa8 1'O "CI-IIJ PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the abo~~c captioned matter. ~F - AI.LINAN & SCHMIEG, LLY I3 ^ L,~ rence 'C. Phelan, Isq., Id. No. 32227 Francis S. Hallinan, I-;sq., Id. No. 52695 ^ Daniel G. Schmieg, E?sq., Id. No. 52205 ^ Michele NI. Bradford, Isq., Id, No. 69849 ^ Judith ~~. Romano, Esq., Id. No. X8745 ^ Sheetal R. Shah-Jani. Esq., Id. No. 81760 ^ Jcnine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 2023 ~ 1 ^ .lay 13, ,iones, l~,sq., Id. I~~o. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 51791 ^ Andrew L. Shivacl<, I~sq., Id. No. 84439 ^ .laime McGuinness, Esq., Id. No. 90134 ^ Chrisovalantc P. Flial<os, Esq., Id. No. 94620 ^ .Loshua L Goldman, 1?sq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. I3rarnblett, lsq., Id. No. 20837.5 Attorneys for PlaintiiT Date: 5_e}~i:~iahel_2`$,20-1~1 /cvc, Svc Dept. hile~~ 229155 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy a~,,,,ta' ~t '~rratiLrr~f~fr V "FiL~C? C1f~Frv~" Z~~O it'~~' --~ Pg I: ~~.. Richard W Stewart Solicitor ~~~ ;$t._~iI tfr ztj ., , Citimortgage, Inc vs. Robert C. Fletcher Case Number 2010-4329 SHERIFF'S RETURN OF SERVICE 07/01/2010 Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on July 1, 2010 at 1540 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Occupant of 26-28 N. Spring Street, Shippensburg, PA 17257, by making known unto Connie Fahnestock, Building Manager and current resident at 28A N. Spring Street, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to her personally the said true and correct copy of the same. DEN FRY,DEPU 10/11/2010 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: Robert C. Fletcher, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, PA to serve the within Complaint in Mortgage Foreclosure according to law. 10/18/2010 03:36 PM -York County Return: And now October 18, 2010 at 1536 hours 1, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Robert C. Fletcher by making known unto Jason Fletcher, Son of defendant at 308 Andersontown Road, Mechanicsburg, PA 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. 11/01/2010 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: Robert C. Fletcher, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Robert C. Fletcher. Request for service at 26-28 N. Spring Street, Shippensburg, PA 17257 the defendant was not found. SHERIFF COST: $100.00 November 01, 2010 SO ANSWERS, ~~ RON R ANDERSON, SHERIFF c CamtySuite St?ef`f. TeleesoYt. D'C. SHERIFF'S OFFIEE OF YORK COUNTY Richard P Keuerleber PETER J. MANGAN, ESQ. Sheriff Solicitor .,,, Reuben B Zeager Richard E Rice, II Chief Deputy, Operations Chief Deputy, Administration CITIMORTGAGE INC. S/B/M CITIFINANCIAL MORTGAGE COMPANY, INC. vs. ROBERT C. FLETCHER Case Number 10-4329 CIVIL SHERIFF'S RETURN OF SERVICE 10/18/2010 03:36 PM -DEPUTY TERRY DRAWBAUGH, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT IN MORTGAGE FORECLOSURE (GIMP) BY HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE JASON FLETCHER, SON, WHO ACCEPTED AS "ADULT PERSON IN CHARGE" FOR ROBERT C. FLETCHER AT 308 ANDERSONTOWN ROAD, MECHANICSBURG, PA 17055. SHERIFF COST: $50.50 October 27, 2010 /~ /~ / "~r /f"~"" ~I ~~~ >` b TERRY DRAWBAUGH, DE UTY SO ERS, ICH RD P UERLEBER, S ERIFF NOTARY Affirmed and subscribed to before me this 27th day of OCTOBER 2010 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL LISA L. THORPE, NOTARY PUBLIC CITY OF YORK, YORK COUNTY MY COMMISSION EXPIRES AUG. 12, 2013 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 ca Andrew L. Spivack, Esq., Id. No. 84439 c CS -n Jaime McGuinness, Esq., Id. No. 90134 r" s-T1 M- Chrisovalante P. Fliakos, Esq., Id. No. 94620 ED .? -u Joshua I. Goldman, Esq., Id. No. 205047 fAr- ?v Courtenay R. Dunn, Esq., Id. No. 206779 r0 Qo Andrew C. Bramblett, Esq., Id. No. 208375 n z W =-n Allison F. Wells, Esq., Id. No. 309519 p, o or" 1617 JFK Boulevard, Suite 1400 -•t r- Jg :0 One Penn Center Plaza Ln Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE INC., S/B/M TO CITIFINANCIAL MORTGAGE COMPANY, INC. VS. ROBERT C. FLETCHER : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 10-4329 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 ROBERT C. FLETCHER, 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: ?6 ) 01P 229155 As set forth in Complaint $139,281.88 Interest - 06/05/2010 to 11/22/2010 TOTAL $4,602.26 $143,884.14 I hereby certify that (1) the Defendant's last known address is 308 ANDERSONTOWN ROAD, MECHANICSBURG, PA 17055-6024, and mortgaged premises located at 26-28 NORTH SPRING STREET, SHIPPENSBURG, PA 17257-1119, and (2) that notice has been given in accordance with Rule 237.1, copy attached. Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 OrCourtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 'ay-.010 PHS # 229155 PROTHONOTARY 229155 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 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE INC., S/B/M TO CITIFINANCIAL MORTGAGE COMPANY, INC. 1000 TECHNOLOGY DRIVE, MAIL STATION O'FALLON, MO 63368-2240 Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 10-4329 CIVIL TERM VS. ROBERT C. FLETCHER 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) 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. 229155 (b) that defendant ROBERT C. FLETCHER is over 18 years of age and last known address is 308 ANDERSONTOWN ROAD, MECHANICSBURG, PA 17055-6024, and mortgaged premises located at 26-28 NORTH SPRING STREET, SHIPPENSBURG, PA 17257- 1119. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. November 22, 2010 -orj 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 oshua 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 Attorney for Plaintiff 229155 CITIMORTGAGE INC., S/B/M TO CITIFINANCIAL MORTGAGE COMPANY, INC. Plaintiff V. ROBERT C. FLETCHER Defendant(s) TO: ROBERT C. FLETCHER 308 ANDERSONTOWN ROAD MECHANICSBURG, PA 17055-6024 DATE OF NOTICE: November 9, 2010 COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-4329 CIVIL TERM 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. EWPORTANT NOTICE 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 WTFI-I N 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 # 229155 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 (717) 249-3166 By: Lawrence Y. 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 229155 CITIMORTGAGE INC., SB/M TO CITIFINANCIAL MORTGAGE COMPANY, INC. Plaintiff V. ROBERT C. FLETCHER Defendant(s) TO: ROBERT C. FLETCHER 26-28 NORTH SPRING STREET SHIPPENSBURG, PA 17257-1119 DATE OF NOTICE: November 9, 2010 COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-4329 CIVIL TERM 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. IWORTANT NOTICE 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 # 229155 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 ,^, 717) 249-3166 By: Lawrence T. I'Man, 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 229155 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CITIMORTGAGE INC., SB/M TO CITIFINANCIAL MORTGAGE COURT OF COMMON PLEAS COMPANY, INC. Plaintiff CIVIL DIVISION V. ROBERT C. FLETCHER Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: NO.: 10-4329 CIVIL TERM CUMBERLAND COUNTY ? c o -0 3 c $143,884.14 rnM rn `" $ 4,517.15 ?3> Cn o I> -v =o - C $148,401.29 cn 0 n -a rn -v a, 4co a Zn D Amount Due Interest from 11/23/2010 to Date of Sale ($23.65 per diem) TOTAL Note: Please attach description of property. PHS # 229155 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 ? 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 U Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 100. oo CRF 9-2-00 10.00 I?l.aO a. so aq.Q_S0 - Pa A7TY 4 a.oo Aoee'o 1e3 1i7(i •bot,l. ?s?tm W Oy a? oa 'w pU s U U GW7 a 0 U d O F ?Wh V H da a F m GU W O W w ?. O U v 'd o y O d~ )oo as WZ? a? w vO? vU6i .? Ua 3 ?W N °' pWq U w r o, ? NhhC b -- M? X00 ?N `Q ?1? [?M gi pp" Ogo, MNN ? ?MN l? O?zNN C? ?O ?D p , O M G G Gz•Z°oh0cNCN G,pd C ozM ??z?z6 6 zzooz d d dm '"z 40. b , ti a riE 13 d Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE INC., SB/M TO CITIFINANCIAL MORTGAGE COMPANY, INC. Plaintiff V. ROBERT C. FLETCHER Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 10-4329 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 (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. Q U") E- a S2o ? o? U-Q C C-) Q F O ?o Q >-- U-= M ?- o ?0- CV 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 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? C enay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 CITIMORTGAGE INC., SBIM TO CITIFINANCIAL COURT OF COMMON PLEAS MORTGAGE COMPANY, INC. Plaintiff FILED-OFFICE CIVIL DIVISION OF THE PROTHONOTARY : V. 2010 DEC 16 PM 1: S 1 NO.: 10-4329 CIVIL TERM ROBERT C. FLETCHER CUMBERLAND COUNTY Defendant(s) PENNSYLVANIA CUMBERLAND COUNTY PHS # 229155 AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE INC., S/B/M TO CITIFINANCIAL MORTGAGE COMPANY, 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 26-28 NORTH SPRING STREET, SHIPPENSBURG, PA 17257-1119. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) ROBERT C. FLETCHER 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 308 ANDERSONTOWN ROAD MECHANICSBURG, PA 17055-6024 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) 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. 0 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 TENANT/OCCUPANT TENANT/OCCUPANT COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM 26-28 NORTH SPRING STREET SHIPPENSBURG, PA 17257-1119 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 26 NORTH SPRING STREET SHIPPENSBURG, PA 17257-1119 28 NORTH SPRING STREET SHIPPENSBURG, PA 17257-1119 6TH FLOOR, STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 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 December/, 2010 By: - " Attorney for 'Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? 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 ? ourtenay R. Dunn, Esq., Id. No. 206779 L-JAndrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 CITIMORTGAGE INC., SB/M TO CITIFINANCIAL 4 MORTGAGE COMPANY, INC. : COURT OF COMMON PLEAS : CIVIL DIVISION Plaintiff . : NO.: 104329 CIVIL TERM VS. ROBERT C. FLETCHER : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY c) ,,, a TO: ROBERT C. FLETCHER co C rn x 308 ANDERSONTOWN ROAD ?; -v MECHANICSBURG, PA 17055-6024 uo rr Q, o° - 3> c-) ? n Y ;o C) "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORM4I0 BiINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE EOBAN MM!fTCY, 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 26-28 NORTH SPRING STREET, SHIPPENSBURG, PA 17257-1119 is scheduled to be sold at the Sheriff s Sale on 06/01/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the courtjudgment of $143,884.14 obtained by CITIMORTGAGE INC., SB/M TO CITIFINANCIAL MORTGAGE COMPANY, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN 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 THOSE two certain tracts of land situate in the Borough of Shippensburg, Cumberland County, Pennsylvania, more fully bounded and described as follows: TRACT NO. 1: ALL that certain lot of ground with a double two-story frame dwelling house, known as Nos. 26-28 North Spring Street, and other improvements thereon erected, described as follows: BEGINNING at a point on the curb line on the West side of North Spring Street at a private driveway; thence in a Westerly direction by said driveway along lands now or formerly of J. A. Hargleroad & Company a distance of 115 feet to an iron pin; thence in a Northerly direction and other lands now or formerly of J. A. Hargleroad & Company 69 feet to an iron pin on line now or formerly of Sam M. Bowers; thence by the said Bowers land in an Easterly direction a distance of 132 feet 10 inches to a point on the curb line on the West side of North Spring Street; thence by North Spring Street in a southerly direction a distance of 70 feet more or less to the place of BEGINNING. TRACT NO. 2: ALL that certain strip of land described as follows: BEGINNING at a point on the curb line on the West side of Spring Street at line of land now or formerly of Howard W. Lyons and Emma K. Lyons, his wife, and land now or formerly of the Estate of Fred K. Hargleroad, formerly designated as a private driveway; thence along land now or formerly of the said Howard W. Lyons and Emma K. Lyons, his wife, South 51 degrees 48 minutes West 115 feet to an iron pin at corner of land now or formerly of the Estate of Fred K. Hargleroad and land now or formerly of Howard W. Lyons and Emma K. Lyons, his wife; thence along other land now or formerly of the Estate of Fred K. Hargleroad, South 39 degrees 31 minutes East a distance of 8 feet to a point; thence by other land now or formerly of the Estate of Fred K. Hargleroad, North 51 degrees 48 minutes East a distance of 110 feet, more or less, to a point on the curb line on the West side of Spring Street; thence by the curb line of the said street, North 20 degrees 52 minutes East a distance of 8 feet to the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Robert C. Fletcher and Joan F. Fletcher, his wife, by Deed from Hubert A. Corbe, Jr. and Marie L. Corbe, his wife, dated 05/30/1991, recorded 06/04/1991 in Book D 35, Page 616. PREMISES BEING: 26-28 NORTH SPRING STREET, SHIPPENSBURG, PA 17257-1119 PARCEL NO. 34-34-2417-008 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-4329 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE INC., s/b/m to CITIFINANCIAL MORTGAGE COMPANY, INC., Plaintiff (s) From ROBERT C. FLETCHER (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 $143,884.14 L.L. $.50 Interest from 11/23/10 to Date of Sale ($23.65 per diem) -- $4,517.15 Atty's Comm % Arty Paid $242.50 Plaintiff Paid Date: 12/16/10 Due Prothy $2.00 Other Costs J)'?p avid D. Bell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: ANDREW C. BRAMBLETT, 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. 208375 AFFIDAVIT OF SERVICE ?"- PLAINTIFF CUMBERLAND COUNTY CITIMORTGAGE INC., SB/M TO CITIFINANCIAL MORTGAGE COMPANY, INC. PHS # 229155 ..- 4 4? DEFENDANT SERVICE TEAM/ kxc ?? N ROBERT C. FLETCHER COURT NO.: 10-4329 CIVIL TEA N ---IC SERVE ROBERT C. FLETCHER AT: 308 AND TYPE OF ACTION G? 1 l ) ERSONTOWN ROAD XX Notice of Sheriff's Sale P C ) C r MECHANICSBURG, PA 17055-6024 SALE DATE: 06/01/2011 SERVED ?y Served and made known to ROBERT C. FLETCHER , Defendant on the4xZday of. j4n,-g 20 at p ?qt<l'_, o clock . M., at AA-ZcfC - 5, in the manner described below: ?G 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 _ 0 -Weight Race l"j Sex ""-Other s rl? -j?????S a)WKa 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. NOTARIAL SEAL Sworn to and subscrbed DENNIS C HUBER before me this 24 - day of tmK.? , 20 11. Notary Public ALLENTOWN CITY, LEHIGH COUNTY Notary: 'C> i By: My Commission Expires May 6, 2013 NOT SERVED On the __ day of 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: Sworn to and subscribed before me this day of _. By: Notary: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hailinan, Esq, Id. No. 62695 Daniel G. SchrnlM Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Janis. Esq., Id. No. 81760 Jenine R. Davey, Esq.., Id. No. 87077 lauren R. Tabas, Esq., Id. N. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id, No. 86657 Peter J. Mulcahy, Fsq., Id. No. 61791 Andrew L Sphack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. N. 90134 Chtisovalante P. FBakos, 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 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 20 111al?30 Ali10:13 CUMBERLAND Cou TY PIE-HNSYLYANIA 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 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE INC., S/B/M TO Court of Common Pleas CITIFINANCIAL MORTGAGE COMPANY, INC. Plaintiff Civil Division v' CUMBERLAND County ROBERT C. FLETCHER No.: 10-4329 CIVIL TERM Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES 229155 Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on June 30, 2010. 2. Judgment was entered on November 24, 2010 in the amount of $143,884.14. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on June 1, 2011. 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 $122 335.38 Interest Through June 1, 2011 , $21 057.85 Per Diem $26.91 , Late Charges $194 84 Legal fees . $1 675.00 Cost of Suit and Title , $1 262.50 Sheriffs Sale Costs , $0 00 Property Inspections/ Property Preservation . $148 50 Appraisal/Brokers Price Opinion . $336 00 Mortgage Insurance Premium / . $0 00 Private Mortgage Insurance . Non Sufficient Funds Charge $0 00 Suspense/Misc. Credits . ($0.00) Escrow Deficit $6,531.48 TOTAL $153,541.55 229155 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff's 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 March 21, 2011 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 "B". 10. No judge has previously entered a ruling in this case. 229155 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: By: ? Lawrence . Ph an, E q., Id. No. 32227 ? Francis S. Hallinan, sq., 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 ? 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 229155 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 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE INC., S/B/M TO Court of Common Pleas CITIFINANCIAL MORTGAGE COMPANY, INC. Plaintiff Civil Division V. CUMBERLAND County ROBERT C. FLETCHER No.: 10-4329 CIVIL TERM Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 229155 I. BACKGROUND OF CASE R013ERT C. FLETCHER 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 26-28 NORTH SPRING STREET, SHIPPENSBURG, PA 17257-1119. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v Good, 537 A.2d 22, 24 (Pa.Super. 1988). The 229155 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, 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 229155 also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the 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. 229155 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. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. 229155 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 Sheriff s 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 229155 the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. 229155 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP N DATE: By: ? Lawrence . 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 Ysh dith T. Romano, Esq., Id. No. 58745 eetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331. ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? 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 229155 Exhibit "A" 229155 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 -3M- Attorney for Plaintiff 1J8NEY FILE Copy fit 1` t= 4TURO .: 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 -° c C-5 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 '''x' -,r-- ?i Courtenay R. Dunn, Esq., Id. No. 206779 A tor- M -,. ndrew C. Bramblett, Esq., Id. No. 208375 o Allison F. Wells, Esq., Id. No. 309519 cv c" 1617 JFK Boulevard, Suite 1400 Vic' One Penn Center Plaza - D Philadelphia, PA 19103 y x -< ur 215-563-7000 < `? CITIMORTGAGE INC., S/B/M TO CUMBERLAND COUNTY CITIFINANCIAL MORTGAGE COMPANY, INC. COURT OF COMMON PLEAS VS. CIVIL DIVISION ROBERT C. FLETCHER -: o '1„0? r F 43?9?VTL 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 ROBERT C. FLETCHER 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: 229155 As set forth in Complaint Interest - 06/05/2010 to 11/22/2010 $139,281.88 $4-26 TOTAL $143,884.14 I hereby certify that (1) the Defendant's last known address is 308 ANDERSONTO ROAD, MECHANICSBURG, PA 17055-6024, and mortgaged premises located at 26- WN NORTH SPRING STREET, SHIPPENSBURG, PA 17257-1119, and (2) that notice has 28 given in accordance with Rule 237.1, copy attached. e has been DAMAGES ARE HEREBY DATE: PHS N 229155 -o-J Lawrence 47 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 ? Allison F. Wells, Esq,, Id. No. 309519 Attorney for Plaintiff ASSESSED AS INDICATED. 229155 Exhibit "B" 229155 ? ? dam- ag c o Eo.5 y v o ti ? E c v ? `" F-oHc ? Ln a d 4 0 l6 3000 dIZ W08-A 0311VVY E w .o o ° $ LOZ 2 Jvn 9SZLLZb000 °s 9Z 3 O W 6 Z G _ su c 3 o 5374109 A3Nlld G co g G 0 E'??E y x E v o ? va E4 o E ? ? v N N Co a Q ? o ; u.H o ' Qq ti y v w O oo .o v .0 o ?vx?_ a a ? vim, E n. a io Cl) z o?? .. z H o=°=w z W O c o? En1 Q ?Sy ° ° ° c vi ?? r0.r ,?, ? v . E '? ? 8 E r 0 O a? a a w o U o QGO V ,Qaav ao? V Q Q O a z 3 0 F z 0 cn a w A z Q 00 O M w a F z a a a F a O z 0o N N a W x U F U v 0 gQ o E 0. W w 0 0 a w i. r.+ ti a? s. b O z a W x u F w a J ? :y N x? 4 M ?o J Yi N Z N U N Q x y ? zQO `? i 47 N N CL fS, -"IN I M I"T I- I'.0 I- I- 10, 1° 1= 1!1! 1m I?! In ?v U ?o 0 c 0. m E b z; F rL v w T o ? ? d ? N za f? ? h°a N O? (11 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 March 21, 2011 ROBERT C. FLETCHER 308 ANDERSONTOWN ROAD MECHANICSBURG, PA 17055-6024 RE: CITIMORTGAGE INC., SB/M TO CITIFINANCIAL MORTGAGE COMPANY, INC. v. ROBERT C. FLETCHER Premises Address: 26-28 NORTH SPRING STREET SHIPPENSBURG, PA 17257 CUMBERLAND County CCP, No. 10-4329 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 March 28, 2011. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very t y , Lawren e T. he , Esquire Francis S. Ha roan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire heetal R. Shah-Jani, Esquire Jemne R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Chrisovalante P. Fliakos, Esquire 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 the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, UP 7 DATE: By: ? Lawrence T. , Es q.., 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 ATTORNEY FOR PLAINTIFF 229155 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 CITIMORTGAGE INC., S/B/M TO Court of Common Pleas CITIFINANCIAL MORTGAGE COMPANY, INC. Plaintiff Civil Division V. CUMBERLAND County ROBERT C. FLETCHER No.: 10-4329 CIVIL TERM Defendant CERTIFICATION OF SERVICE 229155 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. ROBERT C. FLETCHER ROBERT C. FLETCHER 308 ANDERSONTOWN ROAD 26-28 NORTH SPRING STREET MECHANICSBURG, PA 17055-6024 SHIPPENSBURG, PA 17257-1119 ROBERT C. FLETCHER 1112 SOUTH WEST 7TH STREET MINOT, ND 58701-5702 Phelan Hallinan & Schmieg, LLP A J DATE: - By: ? Lawrence T. Phelan, , 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 ? 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 229155 ti FILED-OFFICE OF THE PROTHONOTARY 2QI I APR 51 CUMB NNS LVANIAY PE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CITIMORTGAGE INC., S/B/M TO CITIFINANCIAL MORTGAGE COMPANY, INC Plaintiff V. ROBERT C. FLETCHER Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 10-4329 CIVIL TERM RUL 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 scheduled on this B J. 229155 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 6-1 ROBERT C. FLETCHER 308 ANDERSONTOWN ROAD MECHANICSBURG, PA 17055-6024 ROBERT C. FLETCHER 1112 SOUTH WEST 7TH STREET MINOT, ND 58701-5702 M <<e?l ROBERT C. FLETCHER 26-28 NORTH SPRING STREET SHIPPENSBURG, PA 17257-1119 .11 .Shee4oJ R . 8 high P H'+5 229155 229155 r tip r 0Ttl®xj0 Its '; 'd 2011 APR 12 ANII:5f CUMBERLAND COUNTY ?ENNSYLYANIA 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 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE INC., SB/M TO CITIFINANCIAL MORTGAGE COMPANY, INC Plaintiff V. ROBERT C. FLETCHER Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-4329 CIVIL TERM CERTIFICATION OF SERVICE 229155 I hereby certify that a true and correct copy of the Court's April 1, 2011 Rule was sent to the following individuals on the date indicated below. ROBERT C. FLETCHER ROBERT C. FLETCHER 308 ANDERSONTOWN ROAD 26-28 NORTH SPRING STREET MECHANICSBURG, PA 17055-6024 SHIPPENSBURG, PA 17257-1119 ROBERT C. FLETCHER 1112 SOUTH WEST 7TH STREET MINOT, ND 58701-5702 Phelan Hallinan & Schmieg, LLP / l Zi- DATE: ` r By; J;??7 ? 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 son F. Wells, Esq., Id. No. 309519 ['William E. Miller, Esq., Id. No. 308951 ATTORNEY FOR PLAINTIFF 229155 i,L.l_" t f ? 2C7 G N" ? f L,.l Fri ? t 1 !i Phelan Oallinan & Schmieg, LLP By: LaN?rence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel. Schmieg, Esq., Id. No. 62205 MicheleE M. Bradford, Esq., Id. No. 69849 Judith 1?. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine 1. Davey, Esq., Id. No. 87077 Lauren. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. J nes, Esq., Id. No. 86657 Peter J.Vlulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisov4lante P. Fliakos, Esq., Id. No. 94620 Joshua J,. Goldman, Esq., Id. No. 205047 Courtenjay R. Dunn, Esq., Id. No. 206779 Andrew) C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 Willia E. Miller, Esq., Id. No. 308951 1617 JF? Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-5631-7000 CITIMORTGAGE INC., S/B/M TO CITIFIly7ANCIAL MORTGAGE COMPANY, INC. Plaintiff vs. ROBERT C. FLETCHER Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-4329 CIVIL TERM MOTION TO MAKE RULE ABSOLUTE 229155 CITIMORTGAGE INC., SB/M TO CITIFINANCIAL MORTGAGE COMPANY, INC., by and through its attorney, Phelan Hallinan & Schmieg, LLP, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support (thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on March 30, 2011. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on March 21, 2011 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued by the Court on or about April 1, 2011 directing the Defendant to showlcause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on April 11, 2011 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. $. Defendant failed to respond or otherwise plead by the Rule Returnable date of April 211, 2011. 229155 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Ha &Schmieg, LLP DATE: © By: ? Lawrence helan, 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 ? J ine R. Davey, Esq., Id. No. 87077 ? auren 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 229155 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 Michel M. Bradford, Esq., Id. No. 69849 Judith . Romano, Esq., Id. No. 58745 Sheetal . 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. J nes, 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 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 Penn Center Plaza Philadel hia, PA 19103 215-563-7000 CITIMQRTGAGE INC., S/B/M TO CITIFINANCIAL MORTGAGE COMPANY, INC. Plaintiff C. FLETCHER Defendant OF M ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-4329 CIVIL TERM O 229155 A Motion to Reassess Damages was filed with the Court on March 30, 2011. A Rule was entered by the Court on or about April 1, 2011 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all, parties on April 11, 2011 in accordance with the applicable rules of civil procedure. Defendants failed to respond or otherwise plead by the Rule Returnable date of April 21, 2011. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan an & Schmieg, LLP DATE: By: ? La . 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 ? auren 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 L 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 229155 Exhibit "A" 229155 N _W o xV) z? Q? Y Q??^ xU lot a O as ? zQ ?? s o v ° " E S ' ? ° N n S E u r ? c K a 4}4?{ d t. ?' n ? y 4 .. F ? L p r C d M h E ? u o a Q o u. L^ o '', cc oo ll? ?A = ao. E U z @o?. > W z w c 5 C °oEf w ? ? gosva a w w °a b a H o F ?' d a x z ? H O OF a o ? 3 ° ° z z o ° w 6> 00 P 1 .N-i a. ° W ? it M N r~i a - ? a a a x s x ' y Er E- F w ' I?/11 U .? U V ? o ai ?D a, ?, v a Ci Ga ? v o Cy GG z; a a z ? ? a ' U ° F x 4n i n in z r4 N N ; N N N `u u Q 1 I . y w x x a a a o? 9" z -' t } W ') 0 0 O N ?? V' v-i I-o a O? N N PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard S it 1400 ue Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP March 21, 2011 RO ERT C. FLETCHER 308 ANDERSONTOWN ROAD M CHANICSBURG, PA 17055-6024 Representing Lenders in Pennsylvania and New Jersey RE:I CITIMORTGAGE INC., S/B/M TO CITIFINANCIAL MORTGAGE COMPANY, INC. v. ROBERT C. FLETCHER Premises Address: 26-28 NORTH SPRING STREET SHIPPENSBURG, PA 17257 CUMBERLAND County CCP, No. 10-4329 CIVIL TERM 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 resp nd to me within 5 days, by March 28, 2011. Should you have further questions or concerns, please do not hesitate to contact me. ise, please be guided accordingly. V J Vi vrKr 1 nee 'L he A,1, Esquire s S. tla rna-n, Esquire G. Schmieg, Esquire le M. Bradford, Esquire 1'. Romano, Esquire 1 R. Shah-Jani, Esquire R. Davey, Esquire i R. Tabas, Esquire Srivastava, Esquire Jay B. Jones; Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire C sovalante P. Fliakos, Esquire Jos ua I. Goldtnan, Esquire Co enay R. Dunn, Esquire An ew C. Bramblett, Esquire All son F. Wells, Esquire Wi iam E. Miller, Esquire Exhibit "B" 229155 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA MORTGAGE INC., S/B/M TO FINANCIAL MORTGAGE COMPANY, INC. Plaintiff V. ERT C. FLETCHER Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 10-4329 CIVIL TERM I2UI ?ND NOW, this day of ked 2011, a Rule is entered upon the Defendant to how cause why an Order should not be entered granting Plaintiff's Motion to Reassess efendant(s) shall have twenty (20) days of the date of this Order to file a responsive pleading to P aintiff's Motion to Reassess Damages. If no response is f led with the Court, Plaintiff may file a 4tion to Make Rule Absolute and no hearing will be scheduled on this n ter. B V-rl C0l11t'I' .............. J. 229155 Exhibit "C" 229155 ?i:'E.P..pO HONO TAfi? , 1011 APR 12 AN t!: ? `U P11ERC "NSYLVANIA Y A Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Franci 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 Sheet R. Shah-Jani, Esq., Id. No. 81760 Jenne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andre L. Spivack, Esq., Id. No. 84439 Chriso alante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtay R. Dunn, Esq., Id. No. 206779 Andre C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 Willi E. Miller, Esq., Id. No. 308951 1617 K Boulevard, Suite 1400 One Penn Center Plaza Philad lphia, PA 19103 215-5 3-7000 ,??ur??ey oe COPY. please Re%M ATTORNEY FOR PLAINTIFF ''.';: CITI ORTGAGE INC., S/B/M TO Court of Common Pleas CITIF ANCIAL MORTGAGE COMPANY,'. X&' Plaintiff Civil Division V. CUMBERLAND County ROBE?T C. FLETCHER No.: 10-4329 CIVIL TERM Defendant CERTIFICATION OF SERVICE 229155 I hereby certify that a true and correct copy of the Court's April 1, 2011 Rule was sent to the following individuals on the date indicated below. ROB RTC. FLETCHER 308 DERSONTOWN ROAD MEC ANICSBURG, PA 17055-6024 ROBERT C. FLETCHER 1112 SOUTH WEST 7TH STREET MIN T, ND 58701-5702 ROBERT C. FLETCHER 26-28 NORTH SPRING STREET SHIPPENSBURG, PA 17257-1119 File Dopy NOOO-?l ONO 10 PIPAS? Phelan Hallinan & Schmieg, LLP - Jl I ` D J ATE:: / 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 ''' ??L ? Jenine R. Davey, Esq., Id. No. 87077 ? b ? 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 Olson F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 ATTORNEY FOR PLAINTIFF 229155 VERIFICATION hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule 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.I§4904 relating to the unsworn falsification of authorities. Phelan Hal ' Schmieg, LLP DATE: By: ? Lawre . 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 ? Je ' e R. Davey, Esq., Id. No. 87077 ? auren 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 229155 Phelanallinan & Schmieg, LLP By: La ence 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 . Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine . 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 Chrisov4lante 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 Willia E. Miller, Esq., Id. No. 308951 1617 JF Boulevard, Suite 1400 One Pe Center Plaza Philadelphia, PA 19103 215-563-7000 CITIM RTGAGE INC., S/B/M TO CITIFINANCIAL MORTGAGE COMPANY, INC Plaintiff v}s. ROBERT C. FLETCHER Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-4329 CIVIL TERM CERTIFICATION OF SERVICE 229155 I' hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individual on the date indicated below. 308 C.FLETCHER DNTOWN ROAD BURG, PA 17055-6024 ROBERT C. FLETCHER 1112 DATE: C.FLETCHER WEST 7TH STREET ND 58701-5702 26-28 NORTH SPRING STREET SHIPPENSBURG, PA 17257-1119 Phelan Schmieg, LLP By: 715 ? 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 F] Je ' R. Davey, Esq., Id. No. 87077 ? uren 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 229155 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA l /?;- elm CITIMORTGAGE INC., SB/M TO CUMBERLAND COUNTY P4 1 CITIFINANCIAL MORTGAGE COMPANY, INC. Plaintiff, COURT OF COMMON PLEAS v ROBERT C. FLETCHER Defendant(s) CIVIL DIVISION No.: 10-4329 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified ail Return Receipt stamped by the U.S. Postal Service is attached hereto E ". Date: 22 ? Lawrence T. Esq., Id. No. 32227 ? Francis S all' ,Esq., Id. No. 62695 ? Danie . Sc ieg, Esq., Id. No. 62205 ? Mi el Bradford, Esq., Id. No. 69849 ? Ju 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. Jo , Esq., Id. No. 86657 ? P 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 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 # 229155 a, Z$ 0 .7 COU `° CIS 44 "C a 9L H N 'd ? j d zao V 8 RRQe Nu = 8 w Ilk a 3..t Ad u 23 4Q vi t4 8'Y QQ?N O ISO QI P ? ? H HN o Fa t + O ? e ? d W F Or W? Q WW W d V oc wpyV ? °o a w? ° += ?. c vrn' ; w SRG. a t V ,.ap F 9 a tr poq> a, ?p W U .b V ] y o ? n Zj o a ?, ? «r.. d w o ? a p < w v d °yt a,?v va a Up U ? rn V ? ?+ o ? p ! U C o Fr < '" x w oG ° a 9? 3,c,N c Q K c ? a ?' 0 t E ?; n,o? ° e ? 12 O?? z FFZ t x96 x? x f w ? pG l ? E"?? ??.T QVfnV L ?'i V?A 4$ ?wr? 03 ?a* V `»fJ N? z FN Z FN ? ? =?i 'Z UCO ?` ? Orr1E ., z3 nr i i r fI? f i r r i a> * * i * a # 41 ? o ?+ N t7 ?! h ?O l 00 Dl C F 0. IiM13ERLAND GO A" ?s?NNSYLVAt? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE INC., S/B/M TO Court of Common Pleas CITIFINANCIAL MORTGAGE COMPANY, INC. : Plaintiff Civil Division vs. CUMBERLAND County ROBERT C. FLETCHER No.: 10-4329 CIVIL TERM Defendant ORDER AND NOW, this d o day of , 2011, upon consideration of Plaintiff'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 $122,335.38 Interest Through June 1, 2011 $21,057.85 Per Diem $26.91 Late Charges $194.84 Legal fees $1,675.00 Cost of Suit and Title $1,262.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $148.50 Appraisal/Brokers Price Opinion $336.00 Mortgage Insurance Premium/ $0.00 Private Mortgage Insurance 229155 Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $0.00 ($0.00) $6,531.48 $153,541.55 Plus interest from June 1, 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. BY RT: J. ? i vek S riY s{Q%4? S% cop ies M04 L/ '-?o6ert C. F' lee h? r 1aql I I 603 229155 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy 4 •? z. OF THE PROTHONOTARY 2011 AUG 22 AM IQ: 17 Richard W Stewart Solicitor OFF "F ;,.,-'-E-cRIFF CUMBERLAND COUNTY PENNSYLVANIA Citimortgage, Inc vs. Robert C. Fletcher Case Number 2010-4329 SHERIFF'S RETURN OF SERVICE 03/10/2011 05:25 PM - Address is located in York County 03/14/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Robert C. Fletcher, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of York County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 03/18/2011 12:42 PM - Deputy Dennis Fry, 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 26-28 North Spring Street, Shippensburg, PA 17257, Cumberland County. Tracts 1 & 2 04/07/2011 The requested Real Estate Writ, Notice and Description, in the above titled action, served by the Sheriff of York County upon Robert C. Fletcher, personally, at 308 Andersontown Road, Mechanicsburg, PA 17055. So Answers: Corey Strine, Deputy Sheriff. 06/01/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County, Courthouse, Carlisle, PA on June 1, 2011 at 10:00 a.m. He sold the same for the sum of $ 1.00 to Atty Lorraine Doyle, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $833.16 SO ANSWERS, August 18, 2011 RON R ANDERSON, SHERIFF LX lvfd , sz) LZ Id- ic; Co. ni,,Suite Sheriff Teieosott. Inc CITIMORTGAGE INC., SB/M TO CITIFINANCIAL MORTGAGE COMPANY, INC. Plaintiff V ROBERT C. FLETCHER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-4329 CIVIL TERM CUMBERLAND COUNTY PHS # 229155 AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE INC., S/B/M TO CITIFINANCIAL MORTGAGE COMPANY, 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 26-28 NORTH SPRING STREET, SHIPPENSBURG, PA 17257-1119. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) ROBERT C. FLETCHER 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 308 ANDERSONTOWN ROAD MECHANICSBURG, PA 17055-6024 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) 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 pnd 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 TENANT/OCCUPANT TENANT/OCCUPANT COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM 26-28 NORTH SPRING STREET SHIPPENSBURG, PA 17257-1119 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 26 NORTH SPRING STREET SHIPPENSBURG, PA 17257-1119 28 NORTH SPRING STREET SHIPPENSBURG, PA 17257-1119 6TH FLOOR, STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 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 December/f, 2010 By: Attorney for 'Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? ourtenay R. Dunn, Esq., Id. No. 206779 aAndrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 CITIMORTGAGIE INC., SB/M TO CITIFINANCIAL COURT OF COMMON PLEAS MORTGAGE COMPANY, INC. : CIVIL DIVISION Plaintiff . : NO.: 10-4329 CIVIL TERM VS. ROBERT C. FLETCHER : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ROBERT C. FLETCHER 308 ANDERSONTOWN ROAD MECHANICSBURG, PA 17055-6024 "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 26-28 NORTH SPRING STREET, SHIPPENSBURG, PA 17257-1119 is scheduled to be sold at the Sheriff's Sale on 06/01/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the courtjudgment of $143,884.14 obtained by CITIMORTGAGE INC., SB/M TO CITIFINANCIAL MORTGAGE COMPANY, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN 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 THOSE two certain tracts of land situate in the Borough of Shippensburg, Cumberland County, Pennsylvania, more fully bounded and described as follows: TRACT NO. 1: ALL that certain lot of ground with a double two-story frame dwelling house, known as Nos. 26-28 North Spring Street, and other improvements thereon erected, described as follows: BEGINNING at a point on the curb line on the West side of North Spring Street at a private driveway; thence in a Westerly direction by said driveway along lands now or formerly of J. A. Hargleroad & Company a distance of 115 feet to an iron pin; thence in a Northerly direction and other lands now or formerly of J. A. Hargleroad & Company 69 feet to an iron pin on line now or formerly of Sam M. Bowers; thence by the said Bowers land in an Easterly direction a distance of 132 feet 10 inches to a point on the curb line on the West side of North Spring Street; thence by North Spring Street in a southerly direction a distance of 70 feet more or less to the place of BEGINNING. TRACT NO. 2: ALL that certain strip of land described as follows: BEGINNING at a point on the curb line on the West side of Spring Street at line of land now or formerly of Howard W. Lyons and Emma K. Lyons, his wife, and land now or formerly of the Estate of Fred K. Hargleroad, formerly designated as a private driveway; thence along land now or formerly of the said Howard W. Lyons and Emma K. Lyons, his wife, South 51 degrees 48 minutes West 115 feet to an iron pin at corner of land now or formerly of the Estate of Fred K. Hargleroad and land now or formerly of Howard W. Lyons and Emma K. Lyons, his wife; thence along other land now or formerly of the Estate of Fred K. Hargleroad, South 39 degrees 31 minutes East a distance of 8 feet to a point; thence by other land now or formerly of the Estate of Fred K. Hargleroad, North 51 degrees 48 minutes East a distance of 110 feet, more or less, to a point on the curb line on the West side of Spring Street; thence by the curb line of the said street, North 20 degrees 52 minutes East a distance of 8 feet to the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Robert C. Fletcher and Joan F. Fletcher, his wife, by Deed from Hubert A. Corbe, Jr. and Marie L. Corbe, his wife, dated 05/30/1991, recorded 06/04/1991 in Book D 35, Page 616. PREMISES BEING: 26-28 NORTH SPRING STREET, SHIPPENSBURG, PA 17257-1119 PARCEL NO. 34-34-2417-008 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-4329 CIVIL TERM CITIMORTGAGE INC., SB/M TO CITIFINANCIAL MORTGAGE COMPANY, INC. vs. ROBERT C. FLETCHER owner(s) of property situate in the BOROUGH OF SHIPPENSBURG, Cumberland County, Pennsylvania, being (Municipality) 26-28 NORTH SPRING STREET. SHIPPENSBURG, PA 17257-1119 Parcel No. 34-34-2417-008 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $143,884.14 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-4329 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE INC., s/b/m to CITIFINANCIAL MORTGAGE COMPANY, INC., Plaintiff (s) From ROBERT C. FLETCHER (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 Piny 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 $143,884.14 L.L. $.50 Interest from 11/23/10 to Date of Sale ($23.65 per diem) -- $4,517.15 Atty's Comm % Atty Paid $242.50 Plaintiff Paid Date: 12/16/10 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs David D. Buell, Prot onotary By: Deputy Name: ANDREW C. BRAMBLETT, 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. 208375 TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Court at Carlisle, Pa. ?T --?--day of -hs?.2010 0. V. " . Qp ? Prothonotary On March 3, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Shippensburg Borough, Cumberland County, PA, Known and numbered as, 26-28 North Spring Street, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 3, 2011 By: Real Estate Coordinator hfi =Z d ZZ 330 0142 dd ',kikitUJ 33W3HS 3 H1 o : jI.;JO CUMBERLAND LAW JOURNAL Writ No. 2010-4329 Civil Citimortgage, Inc. VS. Robert C. Fletcher Atty.: Daniel J. Schmieg By virtue of a Writ of Execution NO. 10-4329 CIVIL TERM, CITI- MORTGAGE INC., S/B/M TO CITI- FINANCIAL MORTGAGE COMPANY, INC. vs. ROBERT C. FLETCHER, owner(s) of property situate in the BOROUGH OF SHIPPENSBURG, Cumberland County, Pennsylva- nia, being 26-28 NORTH SPRING STREET, SHIPPENSBURG, PA 17257-1119. Parcel No. 34-34-2417-008. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $143,884- .14. 23 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: April 22, April 29, and May 6, 2011 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. U Lisa Marie Coyne, E for SWORN TO AND SUBSCRIBED before me this da of Ma 2011 l?• 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. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the Patti* ot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain, being duly 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 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, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, arid 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 authorzed and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/22/11 04/29111 2010.4329 Civil Term Citimortgage, Inc 05/06/11 ? ' Robert C. Fletcher Att . Daniel J Schmie S= g y By virtue of a W 4t of Execution NO. 10- 4329 CIVIL TE M CITIMORTG KiEINC,SB/MTO 2011 A D Sworn to ar i subscribed beforb the this 23 doy of May CITIFINANC MORTGAGE . , . COMPANY, INC. VS . ROBERT C. FLETCHER owner(s) of property situate in the Notary Public BOROUGH OF SHIPPENSBURG, Cumberland County, Pennsylvania, being (Municipality) 26-28 NORTH SPRING STREET, SHIPPENSBURG, PA 17257-1119 COMMONWEALTH OF PENNSYLVANIA Parcel No. 34-34-2417-008 A t t dd Notarial Sea ( creage or s ree a ress) Improvements thereon: RESIDEN7]A L Sherrie 1 Kisner, Notary Public DWELLING i Lower Paxton Twp., Dauphin County NDGMENTAMOUNT: $143,884.14 vly Commission Expires Nov, 26, 2011 Member. Pennsylvanla Assor;iatlon f Nctari( COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which CITIMORTGAGE Inc. S/B/M to CITIFINANCIAL Mortgage Company Inc. is the grantee the same having been sold to said grantee on the 1 day of June A.D., 202011, under and by virtue of a writ Execution issued on the 16 day of December, A.D., 202010, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 4329, at the suit of CITIMORTGAGE Inc. S/B/M to CITIFINANCIAL Mortgagg e Co=M Inc. against Robert C. Fletcher is duly recorded as Instrument Number 201123063. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this I% al4x A.D. AO C day of Recorder of Deeds Recorder d Deeds, 0M68 Ord Oa^ COW PN myCormhWmE*MftFatMWft0(JKL D14