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HomeMy WebLinkAbout10-4872 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 234285 CITIMORTGAGE INC., S/B/M TO CITIFINANCIAL MORTGAGE COMPANY, INC. 1000 TECHNOLOGY DRIVE MAIL STATION O'FALLON, MO 63368-2240 Plaintiff V. RODNEY L. CAMPBELL, JR, IN HIS CAPACITY AS ADMINISTRATOR C.T.A OF THE ESTATE OF RODNEY L. CAMPBELL A/K/A RODNEY L. CAMPBELL, SR. 2520 SPRING ROAD CARLISLE, PA 17013 CHRISTOPHER N. CAMPBELL, SR, IN HIS CAPACITY AS ADMINISTRATOR C.T.A. OF THE ESTATE OF RODNEY L. CAMPBELL A/K/A RODNEY L. CAMPBELL, SR. 936 700 ROAD NEW OXFORD, PA 17350 DORIS ROBINSON, IN HER CAPACITY AS DEVISEE OF THE ESTATE OF RODNEY L. CAMPBELL A/K/A RODNEY L. CAMPBELL, SR. 440 CRANES GAP ROAD CARLISLE, PA 17013-9685 Defendants TH- 2010 J J L 120' 11; L' v %D Jul. UP PM Z OF C1.?1' JiJ?l ! ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. I b - y8 '7d) 0,-'smTer" CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE O 4Ra.oo Pa AT" Or 9Wa-7 p4P a gr79j/ File #: 234285 f'& 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 #: 234285 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: RODNEY L. CAMPBELL, JR, IN HIS CAPACITY AS ADMINISTRATOR C.T.A OF THE ESTATE OF RODNEY L. CAMPBELL A/K/A RODNEY L. CAMPBELL, SR. 2520 SPRING ROAD CARLISLE, PA 17013 CHRISTOPHER N. CAMPBELL, SR, IN HIS CAPACITY AS ADMINISTRATOR C.T.A. OF THE ESTATE OF RODNEY L. CAMPBELL A/K/A RODNEY L. CAMPBELL, SR. 936 700 ROAD NEW OXFORD, PA 17350 DORIS ROBINSON, IN HER CAPACITY AS DEVISEE OF THE ESTATE OF RODNEY L. CAMPBELL A/K/A RODNEY L. CAMPBELL, SR. 440 CRANES GAP ROAD CARLISLE, PA 17013-9685 who is/are the real owner(s) of the property hereinafter described. 3. On 07/18/2002 mortgagor(s) RODNEY L. CAMPBELL made, executed and delivered a mortgage upon the premises hereinafter described to WILMINGTON FINANCE, INC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1766, Page 2229. By Assignment of Mortgage recorded 10/07/2002 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 690, Page 3841. 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. File #: 234285 4. 5. 6. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2009 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $89,489.05 Interest $2,894.87 11/01/2009 through 03/12/2010 (Per Diem $21.8206) Attorney's Fees $650.00 Cumulative Late Charges $114.81 07/18/2002 to 03/12/2010 Costs of Suit and Title Search 550.00 Subtotal $93,698.73 Escrow Credit 659.31 TOTAL $93,039.42 7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 234285 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendants on the dates set forth thereon, and the temporary stay as provided by said notice has terminated because Defendants have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or have been denied assistance by the Pennsylvania Housing Finance Agency. 9. By virtue of the death of ALBERTA ANN CAMPBELL on 12/2/01, RODNEY L. CAMPBELL A/K/A RODNEY L. CAMPBELL, SR. became the sole owner of the mortgaged premises as surviving tenant by the entireties. 10. Mortgagor RODNEY L. CAMPBELL A/K/A RODNEY L. CAMPBELL, SR. died on 8/22/09, leaving a Will dated 8/12/09. Letters of Administration C.T.A. were granted to RODNEY L. CAMPBELL, JR. and CHRISTOPHER N. CAMPBELL, SR. on 9/8/109 in Cumberland County, No. 2109-0841. Decedent's surviving heir at law and next-of-kin is DORIS ROBINSON. 11. Plaintiff does not hold the named Defendants, RODNEY L. CAMPBELL, JR, CHRISTOPHER N. CAMPBELL, SR, and DORIS ROBINSON personally liable on this cause of action. This action is being brought to foreclose the interest of the said Defendants in the aforesaid real estate only, and the Defendants have been named in accordance with the requirements of Pa R.C.P. 1144(a)(2) and 20 Pa.C.S.A. § 301(b). File #: 234285 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $93,039.42, together with interest from 03/12/2010 at the rate of $21.8206 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 ffIT'r-ancis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 234285 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Township of North Middleton, County of Cumberland, and State of Pennsylvania, more particularly bounded and described according to survey of J. H. Rife, Registered Engineer, dated May 2, 1955, as follows: BEGINNING at a point in the center of Pennsylvania Legislative Rohe No. 21031, also known as the Cranes Gap Road, said point being 741 feet in a southerly direction from the center of Pennsylvania Township Route No. 499; thence South 09 degrees 44 minutes East, along the center line of said Pennsylvania Legislative Route No. 21031, a distance of 126 feet to a point; thence North 86 degrees 30 minutes West along land of John P. Ilgenfritz, a distance of 161.50 feet to a steel pin; thence North 09 degrees 44 minutes West along said Ilgenfritz land, a distance of 30 feet to a steel pin; thence North 86 degrees 30 minutes West along said Ilgenfritz land, a distance of 214.30 feet to a steel pin; thence North 08 degrees 09 minutes West along the eastern line of property of Frank M. Frey, a distance of 96 feet to a steel pin; thence South 86 degrees 30 minutes East along the southern line of property of Scott, a distance of 374.20 feet to a point in the center of said Pennsylvania Legislative Route No. 21031, the place of BEGINNING. HAVING thereon erected a dwelling house, garage and out-buildings known and numbered as 440 Cranes Gap Road, Carlisle, Pennsylvania 17013. PROPERTY ADDRESS: 440 CRANES GAP ROAD, CARLISLE, PA 17013-9685 PARCEL # 29-05-0427-125 File #: 234285 ?.t 14 VERIFICATION Amy L. Meyer , hereby states that he/she is of CTTIMORTGAGE, INC., servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and verify 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. C? 17 Name Amy LJ "er DATE: xo l J % Title: Foreclosure Analyst Servicer: CTTIMORTGAGE, INC. File #: 234285 Name: CAMPBELL 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 L,-J'enine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 915-561-7000 CITIMORTGAGE INC., S/B/M TO CITIFINANCIAL MORTGAGE COMPANY, INC. Plaintiff _ VS. RODNEY L. CAMPBELL, JR, IN HIS CAPACITY AS ADMINISTRATOR C.T.A OF THE ESTATE OF RODNEY L. CAMPBELL A/K1A RODNEY L. CAMPBELL, SR. CHRISTOPHER N. CAMPBELL, SR, IN HIS CAPACITY AS ADMINISTRATOR C.T.A. OF THE ESTATE OF RODNEY L. CAMPBELL A/K/A RODNEY L. CAMPBELL, SR. DORIS ROBINSON, IN HER CAPACITY AS DEVISEE OF THE ESTATE OF RODNEY L. CAMPBELL AWA RODNEY L. CAMPBELL, SR. Defendants S9 15 r l:.l vt`iJ ? {..Ji1? vJ-1 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 10-4872 CIVIL TERM C-5) $Io•oo Pro Airy C? ! 0C 3V 13 e a483o8 TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. SCHMIEG, LLP By: L?wrence T. Phelan,gsq., Id. No. 32227 F ancis S. Hallinan, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 Hteetal R. Shah-Jani, Esq., Id. No. 81760 nine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff Date: Sent .mh .r 14,?010 /jcs, Svc Dept. File# 234285 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~4~~tii,~ ~~ ~~rir!t~rr~~~~~ Jody S Smith _ Chief Deputy ~~ ~ , Richard W Stewart Solicitor ~~,c~ ~~~:~E s~e~iF~ Citimortgage, Inc Case Number vs. Rodney L Campbell, Jr (et al.) 2010-4872 SHERIFF'S RETURN OF SERVICE 09/28/2010 08:30 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on September 28, 2010 at 2030 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Doris Robinson, by making known unto herself personally, at 35 Eastgate Drive, Apartment 317, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $33.40 September 29, 2010 ,..r DENNIS F Y, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF !-a ~~ ~.~ ~ ~" ~ 7 ~1~ ~ ~~~~ .ey~'~ ~g k ~ ~ ~ ~,,, "~ ~ /C~..y V.1 .~y1 ~~.-.yp~~ 1...,.d .«Rw ~ f Y /~'^~ ~. uV~r.~~ •• ~lI a GJ wl^'. ~~s !ci CouniySuHe Shen`f. TEieosoft. Ine. C~ Kevin E. Prosser, Esquire ~" ~~~ ~RO!`i~t~ta~ i~~<~~ Supre Court ID #77227 2~ f~ OC7 2Q Pt~# f 400 Ma ket Street Newpo , PA 17074 "!lP96ER~AA~D C~1~lP~~' s' (717) 5 7-9169 PE~P~SY~1~~,P~1~~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CITIM RTGAGE INC., S/B/M TO CITIFI ANCIAL MORTGAGE COMP NY, INC., Plaintiff ~. RODN~Y L. CAMPBELL, Jr. and CHRISI~'OPHER N. CAMPBELL I N TH I R CAPACITY AS ADM( ISTRATORSC.T.A. OF THE ESTA E OF RODNEY L. CAMPBELL, And D RIS ROBINSON, IN HER CAPA ITY AS DEVISEE OF THE ESTA E OF RODNEY L. CAMPBELL, Defendants No. 10-4872 CIVIL ACTION -LAW PRAECIPE TO ENTER APPEARANCE (Please enter my appearance on behalf of defendant, Doris Robinson. Respec ally Submitted, K E P E c.c.. vin rosser, squire Supreme Court ID #77227 400 Market Street Newport, PA 17074 (717) 567-9169 Pheian, Hallinan & Schmieg, LLP, 1617 JFK Boulevard, Suite 1400, Philadelphia, PA 19103 Kevin E. Prosser, Esquire, 400 Market Street, Newport, PA 17074 Rodney L. Campbell, 2520 Spring Road, Carlisle, PA 17013 Christopher N. Campbell, 936 700 Road, New Oxford, PA 17350 O Kevin E. Prosser, Esquire Supreme Court ID #77227 400 Market Street Newport, PA 17074 (717) 567-9169 ~'~ ThF PRQ; ~~ ~i~ ~~~~~.~ ZQiO OCT 27 PF9 ~: ~ ~? ~~f~}r~s r~ ~>~r~~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CITIMORTGAGE INC., S/B/M TO CITIFINANCIAL MORTGAGE COMPANY, INC., Plaintiff v. RODNEY L. CAMPBELL, Jr. and CHRISTOPHER N. CAMPBELL IN THEIR CAPACITY AS ADMINISTRATORSC.T.A. OF THE ESTATE OF RODNEY L. CAMPBELL, And DORIS ROBINSON, IN HER CAPACITY AS DEVISEE OF THE ESTATE OF RODNEY L. CAMPBELL, Defendants No. 10-4872 CIVIL ACTION -LAW NOTICE TO PLEAD To: CITIMORTGAGE, INC. S/BIM TO CIT{FINANC1At MORTGAGE COMPANY, INC. c/o Phelan, Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 You are hereby notified to fife a written response to the enclosed New Matter within twenty (20} days from service hereof or a jud ment may be entered against you. Ke~i'n E. Prosser, Esquire Supreme Court ID #77227 400 Market Street Newport, PA 17074 (717) 567-9169 Kevin E. Prosser, Esquire Supreme Court ID #77227 400 Market Street Newport, PA 17074 (717) 567-9169 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CITIMORTGAGE INC., SJB/M TO CITIFINANCIAL MORTGAGE COMPANY, INC., Plaintiff v. No. 10-4872 RODNEY L. CAMPBELL, Jr. and CIVIL ACTION -LAW CHRISTOPHER N. CAMPBELL IN THEIR CAPACITY AS ADMINISTRATORSC.T.A. OF THE ESTATE OF RODNEY L. CAMPBELL, And DORIS ROBINSON, 1N HER CAPACITY AS DEVISEE OF THE ESTATE OF RODNEY L. CAMPBELL, Defendants ANSWER AND NEW MATTER AND NOW, comes defendant, Doris Robinson, by and through her counsel, Kevin E. Prosser, Esquire, and brings this Answer and respectfully avers as follows: 1. Denied. After reasonable investigation Defendant is unable to ascertain the truth of this averment and same is therefore denied. Strict proof demanded. 2. Admitted in part and Denied in part. It is admitted that Doris Robinson is a listed Defendant and has been served with a complaint. Otherwise Denied. After reasonable investigation Defendant is unable to ascertain the truth of this averment and same is therefore denied. Strict proof demanded. 3. Denied. After reasonable investigation Defendant is unable to ascertain the truth of this averment and same is therefore denied. Strict proof demanded. 4. Denied. After reasonable investigation Defendant is unable to ascertain the truth of this averment and same is therefore denied. Strict proof demanded. 5. Denied. After reasonable investigation Defendant is unable to ascertain the truth of this averment and same is therefore denied. Strict proof demanded. 6. Denied. After reasonable investigation Defendant is unable to ascertain the truth of this averment and same is therefore denied. Strict proof demanded. 7. Denied. After reasonable investigation Defendant is unable to ascertain the truth of this averment and same is therefore denied. Strict proof demanded. And / or Denied as a conclusion of law to which no response is required. By way of further response, Defendant Doris Robinson has no interest whatsoever in the subject property, has no personal liability thereon, and does not want engaged in this lawsuit. Defendant Doris Robinson has attempted through counsel to cooperate with Plaintiff, and has offered to execute a deed in lieu of foreclosure if appropriate, but has been consistently "given the run around" both by Plaintiff s counsel and Plaintiff itself. 8. Denied. After reasonable investigation Defendant is unable to ascertain the truth of this averment and same is therefore denied. Strict proof demanded. 9. Denied. After reasonable investigation Defendant is unable to ascertain the truth of this averment and same is therefore denied. Strict proof demanded. 10. Denied. After reasonable investigation Defendant is unable to ascertain the truth of this averment and same is therefore denied. Strict proof demanded. 11. Denied. After reasonable investigation Defendant is unable to ascertain the truth of this averment and same is therefore denied. Strict proof demanded. WHEREFORE, defendant Doris Robinson respectfully files this Answer and requests dismissal of Plaintiff s action against her. NEW MATTER 12. Defendant has no interest in the subject property. 13. Defendant is not aware that the subject property is going to be provided to her through probate of decedent's estate. 14. Defendant has received no cooperation from Plaintiff or representatives of Plaintiff in having her removed from suit and can not be held personally liable for debt secured by the mortgage. Defendant's representative contacted counsel for Plaintiff and were told that they would not prepare a deed in lieu of foreclosure. Defendant's representative was told to contact CITIMORTGAGE, INC. CITiMORTGAGE, INC. would not work with Defendant in any capacity because she had no account with them. Defendant submits that it is not appropriate to name Defendant as a party pursuant to Pa.R.C.P. 1144(b). WHEREFORE Defendant demands dismissal of the suit against her. Respectfully Submitted, in E. Prosser, Esquire Supreme Court ID #77227 400 Market Street Newport, PA 17074 (717) 567-9169 VERIFICATION I verify that the statements made in this foregoing document are true and correct. t understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. oris Robinson IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY CITIMORTGAGE INC., S/B/M TO CITIFINANCIAL MORTGAGE COMPANY, INC., Plaintiff v. No. 10-4872 RODNEY L. CAMPBELL, Jr. and CIVIL ACTION -LAW CHRISTOPHER N. CAMPBELL IN THEIR CAPACITY AS ADMINISTRATORSC.T.A. OF THE ESTATE OF RODNEY L. CAMPBELL, And DORIS ROBINSON, IN HER CAPACITY AS DEVISEE OF THE ESTATE OF RODNEY L. CAMPBELL, Defendants CERTIFICATE OF SERVICE I, Brandi L. Jones Zellers, Paralegal for Kevin E. Prosser, Esquire, do hereby certify that on this ~~y of October, 2010, I served a copy of the foregoing Answer by Regular Mail, to the person(s) listed below: Phelan, Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 Rodney L. Campbell 2520 Spring Road Carlisle, PA 17013 Christopher N. Campbell 936 700 Road New Oxford, PA 17350 ,~ randi L. Jones Zeller Paralegal for Kevin E. Prosser, Esq. FitED-0F F I C E OF THE PROTHONOTARY 20, 10 Mf-".' 15 PM 1= b 8 CUMBERLAND COUNTY PENNSYLVANIA PHELAN HALLINAN & SCHMIEG, LLP BY: Joseph P. Schalk, Esquire Identification No.: 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 Attorney for Plaintiff Company, Inc. : Court of Common Pleas 1000 Technology Drive, Mail Station O'Fallon, MO 63368-2240 : Civil Division Plaintiff VS. : Cumberland County Doris Robinson, in her Capacity as Devisee of the Estate : No. 10-4872 of Rodney L. Campbell, Sr. 440 Cranes Gap Road Carlisle, PA 17013-9685 Rodney L. Campbell, Jr, in his Capacity as Administrator C.T.A. of the Estate of Rodney L. Campbell Sr. 2520 Spring Road Carlisle, PA 17013 and Christopher N. Campbell, Sr., in his Capacity as Administrator C.T.A. of the Estate of Rodney L. Campbell, Sr. 936 700 Road New Oxford, PA 17350 Defendants PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER Plaintiff, Citimortgage, Inc. s/b/m to Citifinancial Mortgage Company, Inc., by its attorney, Joseph P. Schalk, Esquire, hereby files the within Reply to New Matter of Defendant Doris Robinson, in her 234284 Capacity as Devisee of the Estate of Rodney L. Campbell, Sr. and states as follows: 12. Denied. It is specifically denied that Defenadnt, Doris Robinson, has no interest in the property. By way of further answer, the mortgagor, Rodney L. Campbell, bequeathed the real property subject to Plaintiff's mortgage to the Defendant. A copy of the mortgagor's Last Will and Testament is attached hereto, incorporated herein, and marked as Exhibit A. 13. Denied. It is specifically denied that Defenadnt, Doris Robinson, has no interest in the property. By way of further answer, the mortgagor, Rodney L. Campbell, bequeathed the real property subject to Plaintiff's mortgage to the Defendant. See Exhibit A. Finally, Plaintiff has no knowledge as to what the Defendant Doris Robinson did and did not know about the mortgagor's Last Will and Testament. 14. Denied. The averment contained in paragraph fourteen contains a conclusion of law to which no response is necessary. To the extent that a response is required, the mortgagor, Rodney L. Campbell, bequeathed the real property subject to Plaintiff's mortgage to the Defendant. Defendant, Doris Robinson, has no personal liability for the mortgage obligation, however pursuant to Pa. R.C.P. 1144(a)(2), Plaintiff has named her as a Defendant since she is a devisee of the deceased mortgagor and real owner. See Exhibit A. WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor and against Defendant as requested in Plaintiffs Complaint. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: BY 234284 EXHIBIT A 11204203162010 Cumberland County - Register Of Wills P e 1 ROW621 File No 2009-00841 Decedent CAMPBELL RODNEY L SR Docket Entries 316/2010 PA File No 2109-00841 D/E Date No. Filed 001 09/08/09 PETITION FOR PROBATE AND GRANT OF LETTERS ADMINISTRATION CTA OATH OF PERSONAL REPRESENTATIVE DEATH CERTIFICATE JRENNUNCIATION 002 09/08/09 DAENCREE OF PROBATE & GRANT OF LETTERS ADMINISTRATION CTA 003 09/28/09 NREEZV 1543 INFORMATION NOTICE & TAXPAYER RESPONSE REV 09155712 004 09/28/09 INHERITANCE TAX PYMT PAID.- 310.45 ACN 09155712 RECEIPT - CDO11806 POSTMARK DATED - 09/28/2009 ROBINSON DORIS 005 11/20/09 CLAIM AGAINST ESTATE OF FIRST NATIONAL BANK IN THE AMOUNT OF 11665571.97 006 11/23/09 SRA 1548 NOTICE INH TAX APPR JOINT ASSETS ACN 09155712 PAID IN FULL 007 11/24/09 J NE 5.6 REMINDER LETTER MAILED TO ATTY & PERSONAL REPRESENTATIVE 008 09111109 CERTIFICATION OF NOTICE UNDER RULE 5.6(A) PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Eo to of Radney L. Campbell, Sr: FileNumber.2- 09 - DS t;t 1 also mown as Deceased Sobel Sc=W Number 284-32.3355 Petitloo ft who Ware 18 years of age or older, apply(les) for. (COMPLBf8 W'or'B'BBEOW.) 13A. Probate sod Grant of Lattars Tilt mmtary and aver *X IMMoner(s) is / are the named In the last Will of the Decedent dated Au, O 12.2009 and codkdl(s) dated 00010 Edward 8 Gmobelt. Baxcutor naaaed io the abava Will has rrnoanoed. See Roomr3adon Bled herewitb. Mawr FWAW clnaarnim M a4, rrrawcWOM daaa6 CIUC W, ercJ Except as follows. Decedart did not marry, was not divorc4 and did not have a c>illd born or adopted after execution o(dw i aras) offered for probate, was not the victim of a killing and was new adjudicated an I=paciwW peraen: 0 IL Grant of Letters of AdaskobtraM, c.t.a. (Uapptrarble, sraoar. aaa; dkrtc tor; pardrarr Avt, d om aism*. daria* nkma gre) Peddoner(s) alter a proper search has / have ascertained that Decedent left no Will and was survived by the IbUowing spouse (if any) and heirs: (or AAvdx &adon, c.ta or db.n e.ba, cola dak of ii?li 1 in SecdonA above and ca kie list glfbeft) SEE ATTACHED SUP4LBMBNTATL PAGE I I MHOWIF -V . PA ?tS (COMPLUMWALL C4SM) Aga* adMmdslf?ssvNeemary. Decedent was domiciled at death In Cumberland county, Pemrsylwnia with his / her last .- (Llxwrnotid?ss+~•asrrwkiga ann?P, orb. alatti slpearlrl 4i 40•• Decedent, thew 73 years of Me; died an Aniprat 22, 2009 at East Pennsboro Towo ft . Cumberland Carroty. Pemarlvaaia Decedent at beat), owned properly with esdmatod values as follows: (If domiciled in PA) All pelaonal properly $ 10.000.00 (If ant domiciled in PA) Puscod property in Ptonay),rimla S (if sot domiciled in PA) Personal property in County S Value of rail estate in Pennsylvania S 1 ?.?•? situated as follows: 440 Cranes (lap Road, North Middleton Townshilr, Carlisle. Cumberland County. Pemwyhmk Wbwdbre, Pddoaa(s) mWeWbUy req %K0 the probate of On last Win sad Codicil(s) prm*d with tirb Petition and drs grant of letters in do opproprim fans to the Rodney L. Can WO. Jr.. 2520 Spring Road. Carlisle, PA 17013 All,. 11) 01 / : _ /Y.. le- I Claiewpher N. Campbell, Sr.. 936 700 Road, New Oxford. PA 17350 Form RW-02 mv. M13.06 Page 1 peoan for prob*W scud Gratit 04 I ao r ) Oath of Personal Representative TH OF MMSYLVANiA SS COUNTY OF CUMM AND Mw*Petitioner(s) above-named swear(s) or affings) that the swemeats in the foregoing Petition we true and coo eot to the but of the knowledge and belief of Petitioner(s) and that, as personal represausadve(s) of the Decedent, Petitioner(s) will well and truly administer the estate rwoording to law. Sworn to or affirmed and subscribed - e before me the C7 day of 14 t Dec+aus,?? 04..cti..? s U For the Register Slynarwn QfPeraasstRgs?aprratlw File Number..2k - Q9 f Estate of P4-& L t!bdl, Sr. . Deceased Social Security Number: ;84-322-3935 _ Date of Death: U-22-2009 AND NOW, S 'rd' k . Q -in won of the foregoing Politic, wisfid y proof having been presented befare me-, IT IS DECREED that Letters ofAdminisaatloa e.t.& are hereby granted to Rodney L Cn mbell. 7r. rood t3rrb a ft X CamQb4 Sr. in the above estate and that the instrument(s) dated Auxot 12,2W9 descnbW in the Petition be admitted to probate and filed of roe* as the list Wijf(wW Codicil(s)) of Decedent. FEES Leiters ................ S2ts0 -at7 Short Cerdficote(s) ........ $ 32.E RenunciatknKs) .......... $ 5-00 WA LL .. $ l S"• 00 s?C!? ? .. S Ic7.Cyb Av.-'1or.r.c:1?iet.. .. s ?.au ..S ..s ..s ..s TOTAL .............. $JZ7.ou tree r ` Attorney Sigrratm: a yn`- Attorney Name: lAukw. Supreme Court I.D. No.: 78014 Address: 4833 Spring Road Sherman Daer, PA 17040 Telephone: (717) 582.4006 Roan AIV-02 m. 10. 13.06 Page 2 of 2 0 RENUNCIATION REGISTER OF WILLS Cumbalaad COUNTY, PENNSYLV ' 40. Estate of Rodney L. Campbell, Sr. Deceased 1, Edward E. Campbell . in my capecityhelat aump as brother of the above Decedent, hereby renounce the right to admmmw the Estate of the Decedent and respect£uiiy request that Letters be issued to Rodney L. Campbell, Jr. and Christopher N. Campbell, Sr. m:S-4499 (DaW Rowwed in Rf is office Sworn to or affirmed and subscribed before me this day of rte) 169 East Pomfret street (atiiWAd mW Carlisle, PA 17413 ten: -%ft ZO) Execstfrd opt of Register Is Office Before the undersigned personally appeared the party executing this remiriciation and cerlified that he or she executed the renaon for the purpo id within on this _?_ day of A?hGC .JUO+9 Deputy for Register of Wills MW AUMMO tii M tilft" Cram ,11L tetra toy coo F9 MI/ ? IN" MW ltl, ma Notary Public My Commission Expires. 3-.29 a6Vo2 (siVokm n63W OfNaWyerodwoffMd qudifiW 0 adifMoroOm Now afro ofexyi gft dNolfo ccnuubs1m) Paw RW-M mt 10.13.06 AT WILL A1VD TFS'CANIENT OF , RODNEY 1-" C SR* ??,crtoN tic gyUF.al' . A1? +a f Lp""' UT ?S,eP? N PgtSi? I, RODNEY L. CAMPBELL, SR. of North Middleton Township, Cumberland County, Pennsylvania, being of sound and disposing mind, memory and understanding, revoke any prior wills and codicils and declare this to be my will. ITEM L EXPENSES AND TAXES. I direct that as soon as may be convenient after my decease, there be paid from my estate all of my just debts, expenses incident to my illness, my final expenses to be cremated, and from the principal of the residue of my estate, all of my state and federal inheritance and estate taxes. ITEM II. BEQUEST OF REAL PROPERTY. To my fianc.6e, DORIS ROBINSON, I give my real property located at 440 Cranes Gap Road, Carlisle, PA 17013. ITEM M. SPECIFIC BEQUESTS OF TANGIBLE PROPERTY. (a) I give my guitar and my Buick Century to my fiancke, DORIS ROBINSON. If DORIS ROBINSON shall not survive me, then this gift shall lapse and be distributed with my other personal property. (b) I give. my Chevrolet Tahoe to my nephew, BRANDON R. CAMPBELL, JR. If BRANDON R. CAMPBELL, JR. shall not survive me, then this gift shall Page 2 of 7 lapse and be 'distributed with my other personal properly. (c) I give my.357 Magnum handgun to my son, CHRISTOPHER N. CAMPBELL, SR. If CHRISTOPHER N. CAMPBELL, SR. shall not survive me, then this gift shall lapse and be distributed with my other personal property. (d) I give my.50 Caliber Flint Lock, Black Powder rifle to my nephew, RYON CAMPBELL. If RYON CAMPBELL shall not survive me, then this gift shall lapse and be distributed with my other personal property. (e) I give the remainder of my gun collection to my grandsons, RODNEY L. CAMPBELL III and CHRISTOPHER N. CAMPBELL, JR. If RODNEY L. CAMPBELL III and CHRISTOPHER N. CAMPBELL, JR. shall not survive me, then this gift shall lapse and be distributed with my other personal property. ITEM IV. 91r 'P =Zsir BE01?OF "REN?A1fN?TO" PROPERTY. All the rest, residue and remainder of my estate, including all of my personal of Wts, clothing, furniture, furnishings, automobiles, other tangible personal property of every kind, and insurance thereon, I give to my children, equally, namely, RODNEY L. CAMPBELL, JR. and CHRISTOPHER N. CAMPBELL, SR. Page 3 of 7 .rrEM V. FINANCIAL GUARDIAN. I appoint my Executor as Financial Guardian. In the event that any person who is a beneficiary under this will or who is a beneficiary of insurance proceeds or who is a beneficiary of other property with respect to which I have power to appoint a guardian, is under any legal disability (whether due to minority, due to mental incapacity, or otherwise) at the time of distribution, I appoint my herein named Financial Guardian as guardian of the estate of said legally disabled beneficiary and I authorize my' said guardian to use such amount or amounts of income or principal as shall be necessary, in the sole discretion of my said guardian, for the maintenance, support, medical expenses and education of said beneficiary during the period of his legal disability. I appoint EDWARD E. CAMPBELL, my brother, as my Financial-Guardian. ITEM VI. EXECUTORS. I appoint EDWARD E. CAMPBELL, my brother, the-Executor of my estate. ITEM VII. NO BOND. I direct that no fiduciary appointed here under shall be required to post bond in this or any other jurisdiction. Page 4 of 7 IN WMESS WHEREOF, L Rodney L. Campbell, Sr., the Testator, hereby execute on the 12th day, of August, 2009, this my will, typewritten upon seven sheets of paper. Testator's Seal or Signature: ?11,?41 Rodney L. Campbell, Sr. Address: 440 Cranes Gap Road Carlisle, Pennsylvania 17013 In our presence Rodney L. Campbell, Sr. sighed this and declared it to be his will and now at his request, in his presence and in the presence of each other, j we sign as witnesses. Witness: ` 2&W-010" Witness Signawre Print Name L15 N . Pik- St. C.ar US Iel (7ot3 Address Witness: Witness Signature 2 Pant acne 7!/ 41, 1h? S t Arrm P-4 17/OZ Address Page 5 of 7 COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND On this 12th day of August, 2009, before me, the subscriber, a Notary Public in and for said rite and ty, personally appm-ed the above-named Rocky L. Campbell, Sr., r- , and c i and in due form of law aclm wledged the execution of the foregoing document for the purposes therein contained and desired the same to be recorded as such. 'Witness my hand and notarial seal the day and year aforesaid. Notary blic Notarial Seal Laurie L. Wolf, '`:u-rrv ?'•.1.1-r. Carlisle Boro. Cijr.*.,Oerid9'Ls %- My Commission Expiurs Feb. 14, 20 t; Page 6 of 7 Acknowledgement and Affidavit Relating to Execution of Will STATE OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND ney L. a bell, Sr., Te.ssj c A F is ,cA , and the Testator and the witnesses, respectively whose nam , are signed to the attached instrument, being first duly sworn, do herby declare to the undersigned authority that the Testator signed and executed the instrument as his Last Will and Testament and that he signed willingly and that he executed it as his free and voluntary act for the purposes therein expressed; and that each witness states that he or she signed the Will as witnesses in the presence and hearing of the Testator and that to the best of his or her knowledge, the Testator was at the time 18 or more years of age, of sound mind and under no constraint or undue influence. Rodney L. Campbell, fitness 414? 2 ev'L itness Subscribed, sworn to, and acknowledged before me, Rodney L. Campbell, Sr., the Testator, and subscribed and sworn to before by ?} n -me fie,. and ?t witnesses, this 10 day of August, 2009. Notarial Seal Notary Laurie L. Wolf, Notary Public Carlisle Truro, Cumberland County I- v r- j..;;•7n Expires Feb. 14, 2010 Page 7 of 7 CERTIFICATION OF NOTICE UNDER Pa. O.C. Rule 5.6(a) REOISUR OF WILLS C COUNTY, PENNSYLVANIA ?i LT None of Decoders RROM L. Campbell, Sr. Date of Death: August 22.2009 File Number: 21-09-0&41 Date Letters Granted. September 8, 2009 To the Register: I c aft that Notice of Estdo Administration required by Pa. O.C. Rule 5.6(a) of the Orphans' Court Rules was served on or mailed to the following beneficiaries of the above-captioned estte on September 9 2009 SM. RodM L. QMpbell, Jr. 2520 S»3iag Road, Carlisle, PA 17013 9tristopher N. Cawpbcll, Sr. 936 700 Road, Now Oxford, PA 17350 ChrizOpha N. Cmmpbell, Jr. 436 700 Road, Now Oxford, PA 17350 Bmadon IL CMeWh Jr. 2520 Spring goo!& Cmi=K PA 17013 Ryon Campbell 169 Baal Pombet Shyct Carl t PA 17013 Doris Robinson 440 Cmnea Crap Road, Carlisle, PA 17013 (7f mom space is neede4 attach separate sheet.) Notice has now been given t D all pmww entitled thereto under Pa. O.C. Rule 5.6(a) except; none Maur 9/9/09 , gf F11ig Few N : U Personal Rive ® Cm mw -' Mark w. ? Esquire NowgfP&VMFa tiAbPam 4833 Mpg Road AA*ww i Shamums Dale, PA 17090 ii (717) 5824006 rfjQ11 w Pa.wRW-W mi. IMAM www,w.vcwrin Vr r%M MYLVAMA REV- 1182 EX(i 1401 topA rmw OF 06VOA1J: BUMMJ OF MrPNOW TAXIS WT. 290M "R° M"'$`" PENNSYLVANIA RECEIVED FROM., INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT NO. CD 011806 ROBINSON DORIS 440 CRANES GAP ROAD CARLISLE, PA 17013 ESTATE INFORMATION: SSN: 2"-8866 FILE NUMBER: 2109-0841 DECEDENT NAME: CAMPBELL RODNEY L SR DATE OF PAYMENT: 09/28/2009 POSTMARK DATE: 09/28/2009 COUNTY: CUMBERLAND DATE OF DEATH: 08/22/2009 I REMARKS: DORIS ROBINSON ACN ASSESSMENT CONTROL NUMBER AMOUNT 09165712 { $310.+45 { { { { { { TOTAL AMOUNT PAID: $310.45 INITIALS: WZ SEAL RECEIVED BY: GLENDA FARNER STRASSAUGH REGISTER OF WILLS REOISM OF WILLS 11MPUKft^1 AUN NUI LUE 09. nBq 'WARW OF 1300 IAL TAM , r AND FILE NO. 21 - L?? V , WAYER RESPONSE ACN 09155712 pw=s0 rA Inn-9681 " ?? ;,? ', i•! ::. DATE 09-04-2009 oswmw rx PAD TYPE OF ACCOUNT SEP 28 2 WT. OF RODNEY CAMPBELL ? sAVShws 88N 284-32-3855 ? CHECKING DATE OF MATS 01-22-2069 ? TRUST N ff? ?r? PM cmm CUMBERLAND ® CERTIF. fn UNIT PAYMENT AND PORN: TOs •DORIS ROBINSON w••'?? REGISTER OF' WILLS 440 CRANES BAP ROAD CUMBERLAND CO COURT HOUSE CARLISLE PA 17013 CARLISLE, PA 17013 MENDERS 1G7 POU Provided the DePWVWM With the fnforsetien balm. whisk ban been as" In coLmIatim Us petsetial toot des. tooo ds indicate that at the dseth of tM Hear-0md dawtente row Were a Sefat aaefn.aafistanr of this eoaewxt. If was to" the fafNsmtten is iseorrest. 010006 0oteis Written emrrpeUM fTM the flow"dal institution, ekteek a OW to this fore and return it to the some odYvss. This asnaat is taxable in aea r$mN with tie laMritonc0 Tat Iwo of the Comswumatk of Powwlwonio. Pleeso Nil x7172 M-Sw with amestisna. COWLETE PART 1 DELON H SEE REVERSE BIDE FOR FILING AND PAYNENT IN=TRYCTIONB Aoaahnxt He. 314392-42 Date 09-24-2007 To souse Prww credit to the aaawwt. two Established e0010% of thle satin Mot aaoepaav Account Salanee 4,357 14 pormont te tb Resistor of Wins. mats r 4 - owmbis to "Resistor of Nils, Adest•. Peroont Taxable X 10.000 NDTS/ if is pwwhes are made witodw tAna Amount SubSoet to Tax 2,178.57 months of the dowdwu'a dote of death. i Tax• Reto X •• ??•? IS dodost a R Mrant diwMwt on the tax Gus. Aar Potential Tax Due, ! BZi. ! alolpeaIl ~ the date of ?,Mliaquest A. above Snl~IM and tax dwo is so so . Resit pwrrast to tb Moister of Wine with tw ""as of tMa *sties to abtue disomet or ovoid interest. W ekook how NAM mad rot" this settee to the Rasiat0r of CHECK :111A and so official lasso msM win be isamed hr the M Department of Rowmw. ONE BLOCK 0. El The above asset has boom or will be ropertod and tax Mid with the PmnewIvanis itdwritanco Tax retars ONLY to be filed ben the eatots rewroeentetlw. C. •? The chow iaf tan is jamnUl Muter debts and deductions wen paid. comawte no L muter FMr blm. PART if in"041:146 a different tax rate, *loaf* state © relationship to dooodsntr TAX RETURN • COMPUTATION OF TAX ON JOINTAMUST ACCOUNTS LINE 1. Date Established 1 2. Aoeount lalenee 2 = S. Percent Taxable, a X 4. Amount Subleet to Tax 4 5. Debts and Deduotiona 6 i. Amount Taxable d 7. Tax Rate 7 X D. Tax Due O under penalties of poriurv, I deeisro that the feeta I have reported above are trua, correct and emploto to t o b of mr knowledso and belief. M C < f WORK C 7 r . Q TAXPATER SIGNATURE TELEPHONE NUMBER DATE PAST DiDTi AMP DNDUGTiQNi .tZAitliD U DATE PAID PAYEE .DESCRIPTION AMOUNT PAID w o ? x Robert D. Kodak, Esquire - :. Sapra®e Coast I.D. 18041 KODAK 4t •DABLIIM, P.C. Post Office Box 11848 407 Noah Front Stract 1 wAsbw, PA 17106-1846 717-238-7159 Far. 717-236-7158 elk rota. FLA! i kk In bhwLcvix Attomw for 1%st Nadwal Beak of Omaha IN RE ESTATE OF - : IN THE COURT OF COMMON P14AS RODNEY L. CAMPBELL, SR. : CUMBERLAND COUNTY, PBNN$nVANIA Decedent : NO. 21-09-0841 : ORPHANS COURT DIVISION TO: REGISTER OF VAUS, CUMBERLAND COUNTY n,:a V •r? This is to notify you of the claim of the First National Bank of Omaha in ithe amount of $16,571.97, plus Interest ft m Somber 29, 2009, against the Estate of Rodney L. i( alt, Sr., Deoeand, for monies owed to Plaintiff pursuant to the Judgment entered to No. 2001&012A0 Gtvil, Court of Comm Picas, Cvmberl County, Pennsylvania. Robert D. Kodak, Esquire Attorney for Plaintiff Tit d BUREAU OF INDIVIDUAL TAXES r NOTICE OF INHERITANCE TAX I*WTAM TAX DIVISION ! APPPRAlf¢ EMC'NT, ALLOWANCE OR DISALLOWANCE PO mw M461 -OF DEDUCf1ONS, AND ASSESSMENT OF TAX ON MWISM PA 17125-0611 JOINTLY HELD OR TRUST ASSETS REV-1543 EX AFP (01.09) 2009 NOY 23 AM 1]: 19 DATE 11-09-20D9 ESTATE OF CAMPBELL SR RODNEY L r DATE OF DEATH 08-22-2009 CLrFY`• ^:r FILE NUMBER 21 09-0841 rtr?? `;-i?ST COUNTY CUMBERLAND DORIS ROBIN ,?• PA SSN/DC 284-32-3855 ACN 09155712 440 CRANES CAP ROAD APPEAL DATEe 01-08-2010 CARLISLE PA 17013 (&c mvww A* undw ObjeWow) Amount Remitted j"-- MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 UT ALONG THIS LINE ""'? RETAIN LOWER PORTION FOR YOUR RECORDS 4- EV-1s4i EX AFP C01=013-------------------------------------------------------------------- NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS, AND ASSESSMENT OF TAX ON JOINTLY HELD OR TRUST ASSETS STATE OF CAMPBELL SR RODNEY L DATE OF DEATH 08-22-2009 COUNTY CUMBERLAND ILE NO. 21 09-0841 S.S/D.C. NO. 284-32-3855 ACN 09155712 TAX RETURN WAS: CX) ACCEPTED AS FILED C ) CHANGED JOINT OR TRUST ASSET INFORMATION :NANCIAL INSTITUTION: MEMBERS SST FCU ACCOUNT NO. 314392-42 PE OF ACCOUNT: C )SAVINGS C ) CHECKING C )TRUST OC)TIME CERTIFICATE .TE ESTABLISHED 09-24-2007 count Balance 4,357.14 rcent Taxable 0.500 ount. SubJect to Tax 2,178.57 bts and Deductions .00 xable Amount 2,178.57 K Rate .15 K Due 326.79 X CREDITS: NOTEi TO INSURE PROPER CREDIT TO YOUR ACCOUNT, SUBMIT THE UPPER PORTION OF THIS NOTICE WITH YOUR TAX PAYMENT TO THE REGISTER OF WILLS AT THE ABOVE ADDRESS. MAKE CHECK OR MONEY ORDER PAYABLE TO: "REGISTER OF WILLS, AGENT." PAYMENT RECEIPT DISCOUNT (+) DATE NUMBER INTEREST/PEN PAID C-) AMOUNT PAID 1-28-2009 CD011806' 16.34 310.45 TOTAL TAX CREDIT BALANCE OF TAX DUE INTEREST AND PEN. TOTAL DUE • IF PAID AFTER THIS DATE. SEE REVERSE FOR CALCULATION OF ADDITIONAL INTEREST. IF TOTAL DUE IS LESS THAN •1. No PAYMENT Is REQUIRED. IREVERSEOTAL SI13 DEREFLECTEDFAt Ac"CCR DI74( CA), YOU MAY BE DUE A REFUND. .79 .DO Do .00 J /'1 / 1[J Cumberland County - Register of Wills One Courthouse Square Carlisle, PA 17013 Phone: (717)240-6345 Date: 11/24/2009 ALLSHOUSE MARK W 4833 SPRING ROAD r SHEMANSDALE, PA 17090 ,.. C RE: Estate of CAMPBELL RODNEY L SR File Number: 2009-00841 Dear.Sir/Madam: This notice,is to serve as a reminder.that the Certificate of Notice under Rule 5.6(a) is due on the below listed date. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO.1, for decedents dying on or after July 1, 1992, the personal representative or his councel, within ten (10) days after giving proper notice to the beneficiaries and intestate heirs as required by subdivision (a) of Rule 5.7, shall file with the Register of Wills or Clerk of the orphans' Court his/her Certification of Notice. This filing is due by: 12/18/2009 Please feel free to contact this office with any questions you may have. If you have already filed your certificate, please disregard this notice. Sincerely, ALkl Glenda Farner Strasbaugh Clerk of the Orphans' Court cc. `File Personal Representative(s) Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone: (717)240-6345 Date: 11/24/2009 CAMPBELL RODNEY L JR 2520 SPRING RD CARLISLE, PA 17013 RE: Estate of CAMPBELL RODNEY L SR File Number: 2009-00841 Dear Sir/Madam: r This notice is to serve as a reminder.that the Certificate of Notice under Rule 5.6(a) is due on the below listed date. As per the AMENDMENTS TO SUPREME COURT ORPHANSI COURT ROLES, NO. 103 SUPREME COURT RULES DOCKET NO-1, for decedents dying on or after July 1, 1992, the personal representative or his councel, within ten (10) days after giving proper notice to the beneficiaries and intestate heirs as required by subdivision (a) of Rule 5.7, shall file with the Register of Wills or Clerk of the Orphans' Court his/her Certification of Notice. This filing is due by: 12/18/2009 Please feel free to contact this office with any questions you may have. If you have already filed your certificate, please disregard this notice. Sincerely, a /???G??,?CiNdKJ Glenda Farner Strasbaugh Clerk of the Orphans' Co cc: File counsel Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone: (717)240-6345 ? Date: 11/24/2009 N % CAMPBELL CHRISTOPHER N SR S c 8 'r 936 700 ROAD --• •• A NEW OXFORD, PA 17350 RE: Estate of CAMPBELL RODNEY L SR File Number: 2009-00841 Dear Sir/Madam: This notice is to serve as a reminder-that the Certificate of Notice under°Rule 5.6(a) is due on the below listed date. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. x,03 SUPREME COURT RULES DOCKET NO.1, for decedents dying on or after July 1, 1992, the personal representative or his councel, within ten (10) days after giving proper notice to the beneficiaries and intestate heirs as required by subdivision (a) of Rule 5.7, shall file with the Register of Wills or Clerk of the'Oxphans' Court his/her Certification of Notice. This filing is due by: 12/18/2009 Please feel'fres to contact this office with any questions you may have. If you have already filed your certificate, please disregard this notice. Sincerely, A"1kWj4=4*A11- Glenda Farner Strasbaugh Clerk of the Orphans' Court CC: File Counsel VERIFICATION Joseph P. Schalk, Esquire, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to make this verification, and that the statements made in the foregoing Reply to New Matter are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsifications to authorities. PHELAN HALLINAN & SCHMIEG, LLP Date: d VU BY: 121; Locust Street Harrisburg, PA 17101 (215) 563-7000 PHELAN HALLINAN & SCHMIEG, LLP BY: Joseph P. Schalk, Esquire Identification No.: 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 Company, Inc. 1000 Technology Drive, Mail Station O'Fallon, MO 63368-2240 Plaintiff vs. Attorney for Plaintiff Court of Common Pleas : Civil Division : Cumberland County Doris Robinson, in her Capacity as Devisee of the Estate No. 10-4872 of Rodney L. Campbell, Sr. 440 Cranes Gap Road Carlisle, PA 17013-9685 Rodney L. Campbell, Jr, in his Capacity as Administrator C.T.A. of the Estate of Rodney L. Campbell Sr. 2520 Spring Road Carlisle, PA 17013 and Christopher N. Campbell, Sr., in his Capacity as Administrator C.T.A. of the Estate of Rodney L. Campbell, Sr. 936 700 Road New Oxford, PA 17350 Defendants 234284 CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff s Reply to Defendant's New Matter was sent via first class mail to the persons listed below on the date indicated: Kevin E. Prosser, Esquire 400 Market Street Newport, PA 17074 Date: Ito Mark W. Allshouse, Esquire 4833 Spring Road Shermans Dale, PA 17090 234284 Schalk, Esquire .or Plaintiff 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 RODNEY L. CAMPBELL, JR, IN HIS CAPACITY AS ADMINISTRATOR C.T.A OF THE ESTATE OF RODNEY L. CAMPBELL A/K/A RODNEY L. CAMPBELL, SR. CHRISTOPHER N. CAMPBELL, SR, IN HIS CAPACITY AS ADMINISTRATOR C.T.A. OF THE ESTATE OF RODNEY L. CAMPBELL A/K/A RODNEY L. CAMPBELL, SR. DORIS ROBINSON, IN HER CAPACITY AS DEVISEE OF THE ESTATE OF RODNEY L. CAMPBELL A/K/A RODNEY L. CAMPBELL, SR. Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 04/23/2011 to Date of Sale ($16.75 per diem) TOTAL . NO.: 10-4872 CIVIL TERM $101,920.40 13,835.75 1 Allison F. Wells, Esq., Attorney for Plaintiff Note: Please attach description of property. PHS # 234285 S 0'* '%aLi. oo'PCk 1.15, oo egF 33. 4o M 9'9 .00 10. oo ,, Iq.oo I5o i co . 40 - P8 Arty CIO. P Ll_ l i bgs ?tl rl LL ') wi I^ I CUMBERLAND COUNTY 19 <O :. . nt7 moo`! War?_C?ZE 115uQc( wzaz OQ Q? a? oa ?H o? O? O? ?V U O W d H O a U z v 0 U c? a F V > F ? V ,.7 W as v? x? ?w az aA W°a A U a O? R; V W z A 0 F` Q: F W W O V O F F d Q F V COO xW V as ?o V a' zd x? ?a o? U V F U v x z N b oW? O AU z 0 F U w? oM F ? 0 w o? w a W w 0 Q `c p UO? UOa O¢ ?o. CA C'n 'b x WU ??U a? EnU ??pw ?Ow xv U? a p¢< C) zp¢ a OQ a"? ¢ W Z Q b OQ¢krr,4)¢ xQ¢Mw 0/?V) ,I-? Q t?QUcNU U¢U°`z HWU"tM ol? tr, O1 O M O z b aw? 3a w w T •2 o w PHELAN HALLINAN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 = J _ , 4 One Penn Center Plaza r Philadelphia, PA 19103 i SEP - I P !D 215-563-7000 4NSERLAND COUNTY CITIMORTGAGE INC., SB/M TO CITIFINAIW*6 YLVA NI A MORTGAGE COMPANY, INC. Plaintiff V. RODNEY L. CAMPBELL, JR, IN HIS CAPACITY AS ADMINISTRATOR C.T.A OF THE ESTATE OF RODNEY L. CAMPBELL A/K/A RODNEY L. CAMPBELL, SR. CHRISTOPHER N. CAMPBELL, SR, IN HIS CAPACITY AS ADMINISTRATOR C.T.A. OF THE ESTATE OF RODNEY L. CAMPBELL A/K/A RODNEY L. CAMPBELL, SR. DORIS ROBINSON, IN HER CAPACITY AS DEVISEE OF THE ESTATE OF RODNEY L. CAMPBELL A/K/A RODNEY L. CAMPBELL, SR. Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION NO.: 10-4872 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. By: ma ,LLP Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff CITIMORTGAGE INC., SB/M TO CITIFINANCIAL MORTGAGE COMPANY, INC. Plaintiff V. RODNEY L. CAMPBELL, JR, IN HIS CAPACITY AS ADMINISTRATOR C.T.A OF THE ESTATE OF RODNEY L. CAMPBELL A/K/A RODNEY L. CAMPBELL, SR. CHRISTOPHER N. CAMPBELL, SR, IN HIS CAPACITY AS ADMINISTRATOR C.T.A. OF THE ESTATE OF RODNEY L. CAMPBELL A/K/A RODNEY L. CAMPBELL, SR. DORIS ROBINSON, IN HER CAPACITY AS DEVISEE OF THE ESTATE OF RODNEY L. CAMPBELL A/K/A RODNEY L. CAMPBELL, SR. Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-4872 CIVIL TERM CUMBERLAND COUNTY PHS # 234285 -- .. cry r" _, Ac-) -° , . Q y ? T 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 440 CRANES GAP ROAD, CARLISLE, PA 17013-9685. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) RODNEY L. CAMPBELL, JR, IN HIS 2520 SPRING ROAD CAPACITY AS ADMINISTRATOR C.T.A OF CARLISLE, PA 17013 THE ESTATE OF RODNEY L. CAMPBELL A/K/A RODNEY L. CAMPBELL, SR. CHRISTOPHER N. CAMPBELL, SR, IN HIS 936 700 RD CAPACITY AS ADMINISTRATOR C.T.A. OF NEW OXFORD, PA 17350-9770 THE ESTATE OF RODNEY L. CAMPBELL A/K/A RODNEY L. CAMPBELL, SR DORIS ROBINSON, IN HER CAPACITY AS 440 CRANES GAP ROAD DEVISEE OF THE ESTATE OF RODNEY L. CARLISLE, PA 17013-9685 CAMPBELL A/K/A RODNEY L. CAMPBELL , SR. 35 EASTGATE DRIVE, APT 317 CARLISLE, PA 17015 Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name, Address (if address cannot be reasonably ascertained, please indicate) DORIS E. ROBINSON 35 EASTGATE DRIVE, APT 317 CARLISLE, PA 17015 FIRST NATIONAL BANK OF OMAHA FIRST NATIONAL BANK OF OMAHA C/O ROBERT D. KODAK, ESQUIRE PO BOX 2951 OMAHA, NE 68103-2951 KODAK & IMBLUM PC 407 N FRONT ST PO BOX 11848 HARRISBURG, PA 17108-1848 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) JP MORGAN CHASE BANK AS TRUSTEE 450 WEST 33RD STREET, 15TH FLOOR FOR THE BENEFIT OF EQUITY ONE ABS, NEW YORK, NY 10001 INC. MORTGAGE PASS-THROUGH ATTN: STRUCTURED FINANCE SERVICE (MBS) CERTIFICATES SERIES 2003-1 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 440 CRANES GAP ROAD CARLISLE, PA 17013-9685 DORIS ROBINSON 400 MARKET STREET C/O KEVIN E. PROSSER, ESQUIRE NEWPORT, PA 17074 THE ESTATE OF RODNEY L. CAMPBELL, 4833 SPRING ROAD SR. SHERMANS DALE, PA 17090 C/O MARK W. ALLSHOUSE, ESQUIRE BRANDON R. CAMPBELL, JR 2520 SPRING ROAD CARLISLE, PA 17013 CHRISTOPHER N. CAMPBELL, JR. CHRISTOPHER N. CAMPBELL, SR. DORIS ROBINSON DORIS ROBINSON RODNEY L. CAMPBELL, JR. RYON CAMPBELL Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program 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 936 700 ROAD NEW OXFORD, PA 17350 936 700 ROAD NEW OXFORD, PA 17350 440 CRANES GAP ROAD CARLISLE, PA 17013 35 EASTGATE DRIVE, APT 317 CARLISLE, PA 17015 2520 SPRING ROAD CARLISLE, PA 17013 169 EAST PONFRET STREET CARLISLE, PA 17013 6th Floor, Strawberry Sq. Dept 280601 Harrisburg, PA 17128 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: l1 Phelan Hallinan & S hmieg, LLP A-th3un-F-Wel18; No.309519 Attorney for Plaintiff '.ITIIVMORTGAGE INC., SB/M TO CITIFINANCIAL MORTGAGE COMPANY, INC. VS. RODNEY L. CAMPBELL, JR, IN HIS CAPACITY AS ADMINISTRATOR C.T.A OF THE ESTATE OF RODNEY L. CAMPBELL A/K/A RODNEY L. CAMPBELL, SR. CHRISTOPHER N. CAMPBELL, SR, IN HIS CAPACITY AS ADMINISTRATOR C.T.A. OF THE ESTATE OF RODNEY L. CAMPBELL A/K/A RODNEY L. CAMPBELL, SR. DORIS ROBINSON, IN HER CAPACITY AS DEVISEE OF THE ESTATE OF RODNEY L. CAMPBELL A/K/A RODNEY L. CAMPBELL, SR. Plaintiff Defendant(s) : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 10-4872 CIVIL TERM CUMBERLAND COUNTY _..) C7 1".) C.-n -J = .. ..:-.. -- . M CIO ?- CD -o Z7 C= - M- cD C' " - - r, NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DORIS ROBINSON, IN HER CAPACITY AS DEVISEE CHRISTOPHER N. CAMPBELL, SR, IN HIS OF THE ESTATE OF RODNEY L. CAMPBELL A/K/A CAPACITY AS ADMINISTRATOR C.T.A. OF THE RODNEY L. CAMPBELL, SR. ESTATE OF RODNEY L. CAMPBELL A/K/A RODNEY 440 CRANES GAP ROAD L. CAMPBELL, SR CARLISLE, PA 17013-9685 936 700 RD NEW OXFORD, PA 17350-9770 RODNEY L. CAMPBELL, JR, IN HIS CAPACITY AS ADMINISTRATOR C.T.A OF THE ESTATE OF RODNEY L. CAMPBELL A/K/A RODNEY L. CAMPBELL, SR. 2520 SPRING ROAD CARLISLE, PA 17013 DORIS ROBINSON, IN HER CAPACITY AS DEVISEE OF THE ESTATE OF RODNEY L. CAMPBELL A/K/A RODNEY L. CAMPBELL, SR. 35 EASTGATE DRIVE, Apt 317 CARLISLE, PA 17015 **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 440 CRANES GAP ROAD, CARLISLE, PA 17013-9685 is scheduled to be sold at the Sheriff s Sale on 12/07/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $101,920.40 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 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-4872 CIVIL TERM CITIMORTGAGE INC., SB/M TO CITIFINANCIAL MORTGAGE COMPANY, INC. vs. RODNEY L. CAMPBELL, JR, IN HIS CAPACITY AS ADMINISTRATOR C.T.A OF THE ESTATE OF RODNEY L. CAMPBELL A/K/A RODNEY L. CAMPBELL, SR. CHRISTOPHER N. CAMPBELL, SR, IN HIS CAPACITY AS ADMINISTRATOR C.T.A. OF THE ESTATE OF RODNEY L. CAMPBELL A/K/A RODNEY L. CAMPBELL, SR. DORIS ROBINSON, IN HER CAPACITY AS DEVISEE OF THE ESTATE OF RODNEY L. CAMPBELL A/K/A RODNEY L. CAMPBELL, SR. owner(s) of property situate in the TOWNSHIP OF NORTH MIDDLETON, Cumberland County, Pennsylvania, being (Municipality) 440 CRANES GAP ROAD, CARLISLE, PA 17013-9685 Parcel No. 29-05-0427-125. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $101,920.40 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Township of North Middleton, County of Cumberland, and State of Pennsylvania, more particularly bounded and described according to survey of J. H. Rife, Registered Engineer, dated May 2, 1955, as follows: BEGINNING at a point in the center of Pennsylvania Legislative Route No. 21031, also known as the Cranes Gap Road, said point being 741 feet in a southerly direction from the center of Pennsylvania Township Route No. 499; thence South 09 degrees 44 minutes East, along the center line of said Pennsylvania Legislative Route No. 21031, a distance of 126 feet to a point; thence North 86 degrees 30 minutes West along land of John P. Hgenfritz, a distance of 161.50 feet to a steel pin; thence North 09 degrees 44 minutes West along said Hgenfritz land, a distance of 30 feet to a steel pin; thence North 86 degrees 30 minutes West along said Hgenfritz land, a distance of 214.30 feet to a steel pin; thence North 08 degrees 09 minutes West along the eastern line of property of Frank M. Frey, a distance of 96 feet to a steel pin; thence South 86 degrees 30 minutes East along the southern line of property of Scott, a distance of 374.20 feet to a point in the center of said Pennsylvania Legislative Route No. 21031, the place of BEGINNING. HAVING thereon erected a dwelling house, garage and out-buildings known and numbered as 440 Cranes Gap Road, Carlisle, Pennsylvania 17013. TITLE TO SAID PREMISES IS VESTED IN Rodney L. Campbell and Alberta Ann Campbell, h/w, by Deed from Timothy R. Gordon, single man, dated 06/06/1994, recorded 06/07/1994 in Book 106, Page 657. By virtue of the death of Alberta Ann Campbell on 12/2/2001, Rodney L. Campbell became sole owner of the mortgaged premises as surviving tenant by the entireties. The said Rodney L. Campbell died on 8/22/2009, leaving a will dated 8/12/2009. Letters of Administration C.T.A. were granted to Rodney L. Campbell, Jr. and Christopher N. Campbell, Sr. on 9/8/2009 in Cumberland County, No. 21049-0841. Decedent's surviving heir at law and next-of-kin is Doris Robinson. PREMISES BEING: 440 CRANES GAP ROAD, CARLISLE, PA 17013-9685 PARCEL NO. 29-05-0427-125. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-4872 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 RODNEY L. CAMPBELL, JR, in his capacity as Administrator C.T.A. of THE ESTATE OF RODNEY L. CAMPBELL a/k/a RODNEY L. CAMPBELL, SR.; CHRISTOPHER N. CAMPBELL, SR, in his capacity as Administrator C.T.A. of THE ESTATE OF RODNEY L. CAMPBELL a/k/a RODNEY L. CAMPBELL, SR.; DORIS ROBINSON, in her capacity as Devisee of THE ESTATE OF RODNEY L. CAMPBELL a/k/a RODNEY L. CAMPBELL, SR. (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: $101,920.40 L.L.: $.50 Interest from 4/23/11 to Date of Sale ($16.75 per diem) -- $3,835.75 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $300.90 Other Costs: Plaintiff Paid: Date: 9/1/I1 David D. Buell, Prothonotar (Seal) By: Deputy REQUESTING PARTY: Name: ALLISON F. WELLS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 309519 - Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 ATTORNEY FOR PLAINTIFF 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 RODNEY L. CAMPBELL, JR, IN HIS . No.: 10-4872 CIVIL TERM CAPACITY AS ADMINISTRATOR C.T.A THE : ESTATE OF RODNEY L. CAMPBELL A/K/A RODNEY L. CAMPBELL, SR. CHRISTOPHER N. CAMPBELL, SR, IN HIS CAPACITY AS ADMINISTRATOR C.T.A THE ESTATE OF RODNEY L. CAMPBELL A/K/A RODNEY L. CAMPBELL, SR. DORIS ROBINSON, IN HER CAPACITY AS DEVISEE OF THE ESTATE OF RODNEY L. CAMPBELL A/K/A RODNEY L. CAMPBELL, SR. Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this fareclosure action by filing a Complaint on July 26, 2010. 2. Plaintiff obtained Consent Judgment against Defendant Doris Robinson in her respective capacity by agreement dated Apri122, 2011.Plaintiff obtained consent judgment 234285 against Defendants Rodney L. Campbell, Jr., and Christopher N. Campbell, Sr., in their , • respective capacities, by agreement dated Apri122, 2011. Judgment was entered against all Defendants in their respective capacities on May 31, 2011 in the amount of $101,920.40. True and correct copies of the consent judgments and the praecipe for judgment are attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriff s Sale on December 7, 2011. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $89,489.05 Interest Through December 7, 2011 $16 723 .67 Per Diem $21.82 ~ Late Charges $114.81 Lega1 fees $1,925.00 Cost of Suit and Title $1,695.00 Property Inspections $278.00 Property Preservation $1,136.44 AppraisaUBrokers Price Opinion $478.00 Escrow Deficit $4,877.60 TOTAL $116,717.57 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 Defendants. 8. Plaintiffls foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffls attached brief. 234285 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 October 11, 2011 and requested the Defendants' Concurrence. On October 20, 2011, Plaintiff received a letter dated October 17, 2011 from attorney Mark W. Allshouse, counsel for Rodney L. Campbell, Jr., and Christopher N. Campbell, Sr. Counsel states that the estate concurs with Plaintiff's requested relief "increasing the amount of damages to reflect the actual damages incurred to date". True and correct copy of PlaintifPs letter pursuant to Loca1 Rule 208.3(9), certification of mailing, and letter from attorney Mark W. Allshouse are attached hereto, made part hereof, and marked as Exhibit "B". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: q a I1 ~ g: Y Melissa J. Cantwell, Esquire ATTORNEY FOR PLAINTIFF 234285 Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevazd, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE INC., SB/M TO . Court of Common Pleas CITIFINANCIAL MORTGAGE COMPANY, INC. : Plaintiff : Civil Division V. . CUMBERLAND County RODNEY L. CAMPBELL, JR, IN HIS : No.: 10-4872 CIVIL TERM CAPACITY AS ADMINISTRATOR C.T.A THE . ESTATE OF RODNEY L. CAMPBELL A/K/A ! RODNEY L. CAMPBELL, SR. CHRISTOPHER N. CAMPBELL, SR, IN HIS CAPACITY AS ADMINISTRATOR C.T.A THE ESTATE OF RODNEY L. CAMPBELL A/K/A RODNEY L. CAMPBELL, SR. DORIS ROBINSON, IN HER CAPACITY AS DEVISEE OF THE ESTATE OF RODNEY L. CAMPBELL A/K/A RODNEY L. CAMPBELL, SR. Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE RODNEY L. CAMPBELL A/K/A RODNEY L. CAMPBELL, SR. executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiff s Note was secured by a Mortgage on the Property located at 440 CRANES GAP ROAD, CARLISLE, PA 234285 17013-9685. 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, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriff s Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate ta7ces, 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 Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control ' the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp v Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guarantv Trust Co of N Y v Mowl, 705 A2d 923 (Pa. Super. 1998). Union National Bank of Pittsburlzh 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, 234285 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 Realitv Comnanv 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 far 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 Defendants 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 Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are 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 s have 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 talce the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage 234285 foreclosure is strictly in rem and does not include any personal liability. Newtown Village • Partnershin v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriff s Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants 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 throu h the date of the im endin Sheriffl s sale h g p g as been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiffwould 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 enfarce the terms of the Mortgage. 234285 • VL ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); _First Federal Savings an d 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 Realtv, 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. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in ' the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divarced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any 234285 new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. 234285 When a loan is in default, the lender's risk increases. Mortgage companies typically have • a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the tertns of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiffls Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. 234285 • WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP , DATE: I G By: Melissa J. Cantwell, Esquire Attorney for Plaintiff 234285 i Exhibit "A" 234285 PHELAN HALLINAN R SCHMIEG, LLP BY; 70SEPH P. SCHALK, ESQUIRE Identification No, 91656 126 Locust Street Harrisburg, PA 17101 Attorney for Plaintiff (2,1 ~ ,5t53-700CI . CitiMortgage, Inc, s/b/in to , *itaneitxl Court of Common Pleas Mortgage Cornpany, :Tnc 2000 Technology Drive : Civil Division Mail Statian O'Fallon, MO 63368-22'40 : Cumberland County Plaintiff Us. : No, 10-4872 Rodney L. Campbell, 7r., in his Capacity as Admuvstrator C.T.A. the Estate of RodneY L. Campbell a/k/a ~`4"a RodneyL, Campbell, 5r, 2520 Spring Road Carlisle, PA 17013 Christopher N. Campbell, Sr., in his Capacity as Administrator C.T.A. the Estate o£ Rodney L. Carnpbell a/k/a Roctney L. Campbell, Sr. 936 700 Road New Oxford, ?A 17350 Doris RobitYSon, io#r, Capacity as Devisee afth~ ~46te of Rodney L. C"j bell atk/a Rodney L. Calhpb~ll, Sr. 440 Cranes Gap?Road Carlisle, PA 17013-96$5 I Defendants CONSENT JITUGM:EI'VT AND NfJW, This sA~ctay of.__Ckeef`~_~ 2011 it is hereby agreed by and 6etwcen, CitiMortgage, Ine, s/bhn to CitiFinancial Mortgage Company, Tnc. (hereinafter "Plaintiff"), by and through its counsel, Josep)i P. Schalk, Esquire and Doris Rohinsoil (hereinafter "Defc;ndant") by and through her counsel, Kevin E. Prosser, Esquire, as follows: WHEREAS, Plaintiff is the holder of the Mortgage on the property located at 440 Cranes Gap Road, Carlisle, FA 3 7013-9685 (herciziafter the "Propeity"); WHEREAS, Uefendank is the owncr of the Property; WHEREAS, the Moi1gage on the property is in default Uecause monthiy payment9 on lhe Mortgage due Decetnber 7, 2009 and each month thereafter are due and unpaid; WHEMA,C~liy the terms of the Mortgage, upon default in such payments for a period of one rnonth, the entire principal balance mid all interest due thereon are due forthwith; WHEREAS, the parties to thic Consent Judginent are desirous of resolving the issues raised iii the Cornplaint and therefore, Plaintiff and Defendant agxee as £ollows: ~ i. An in rein judgment is entered in favor of Plaintiff and against Defendant in the sunn of $93,039.42 plus interest from 1Vlarch 12, 2010 at the rate of $21.8206:per`~tlipm '~id other `s• eosts and cliarges collectible under the Mortgage, for foreelosure and sale of the Property. 2. 1'laintiff rnay iminediately file the instant Consent Jucfgment with the Court. 3. Defendant's Answer with New Matter to Plaintiff s Complaint filed on October 27, 2010 are hereby dismissed with pz-ejudice, 4. In the event t-bat, prior to a Sheriffs Sale, it is determined that Piaintiff has expended sums -with regard to the Mortgaged Property, including but not limited to real estate taxes and insurance, theil Defendant will stipulate with Plaintiff to the reassessmen"t of damages in o,rder to inerease or decrease the judgcnent to reflect the expenditure xnade:by Plaintiff. 5. Defendaiit will peacef'uliy vacate the Mortgaged Property by the da.te of the Sheriffs Sale, 6. In exchange for Defeiadant's agteement ta the entry of an in rein judynent, Plaintiff agrees to not pursue Defendant for any deficiency after the SherifPs Sale of the Mortgaged Yroperty. 7, The attorneys executing this Consent Judgtnent have done so anly after having discussed the terms with their respeetive clicnts and having ob.tained.their._cons.ent to be bouiid by the terms of this Consent Judgment. 8. This Consent Judgment may be executed in counterpart. 9 A 1'ae3iivile version of a signature on this doeument shall be treated for all purposes as Ific; ecj.ui'valeni of the original signaiures. I , Date: ~ . 5fbr :Pl4ixc€i'ff Uate:._~qA~~ Kev, t. Prosser, Esquire._, Attorney for Defendant Doris Robinson ~ j~~ RL 5 ~.o43 04/16/2011 08:34 FAX 215 563 9491 PHELAN IIALLINAN Z0002J0004 PHELAN HALLTNAN & SCHMIEG, LLP BY: JOSF-k'H P. SCHALK, ESQUIRE Tdenhfication No, 91656 126 Locust Street Harrisbuzg, PA 17101 Attomey for i'laintiff f215) 563-7000 Citilvlortgage, Ino. slb/m iFinaruaia1 ; Court of Common Pleas Mortgage Cornpany, hj,d, 1000 TechnoIogy Dnvt : Civil Division Mail Station O'Fallon, MO 63368-v- A : Cumberland County F1aiiildf~ Vs. : Na. 10-4872 ?Rodney L. Caitapbcll, Jr,, in his Capacity as Administrator C.T.A.. the Estate of Rodney L. Campbell a/k/a - j Rodney L. CamZsbell, Sr. 2520 Spring Raad Cariisle, PA 17013 ' bhristopher N. Campbell, Sr., ui his Capactity as Adminis4rator C.T.A. the Estate of Rodney L. Campbell a/lr/a ' Rodney T,. Campbell, Sr. 936 700 Road Nevv Qxfoxd, PA 17350 l/ Dor.is Robinson, inher Capacity as Devisee of the P.state o:FRodney L. Campbe]1 a!k/a Rodney L, Cam,pbell, Sr. 440Ciaaes Gap Road Carlisle, PA 17013-9685 Defendants CONSENT NDGMENT AND NOW, Tkuis jn'jr~-day of_~l t),r 12011 it is hereby agreed by and between, CitiMortgage, Inc. s/b/m to CitiFinaneial Mortgage Company, Ine. (hereinaNr 04i15/2011 08:34 FAX 215 563 4491 YHELAN HALLINAN C~0003/Q009 "Plaintiff'), by and through its counsel, Joseph P. Schalk, Esquire and Rodney L. Campbell, Jr, and Christopher N. Campbell, Sr. by and through their counsel, Mark W. Allshot;se, Esquire, as follows: ' WHEKBAS, Plaintiffis the holder of the Mortgage on the property located at 440 Cranes Gap Road, Carlisle, PA l 7013-9685 (hereinafter the "Property"); WHEREAS, Defenttruits are the owner of the Property; ' WHEREAS,1h~.v' .Ale un the property is in default because monthly paymants on the Ivloztgege due Dete'ttb~;~; 2009 axad each month thereafter are due and unpaid; WfiEItr,,As: 5y the terms of the Mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are due torthwith; WHEREAS, the parties to this Consont Judgment are desirous of resolving the issues raised in the Complaint and therefore, Plaintiff and befendant agree as follows: 1. An in rem judgment ie entered in favor of Plaintiff and 4gaWst'j)ofbudanty in the ~i wx sum of $93,039.42 plus iraterest frorn March 12, 20] 0 at the rate of $21,$2t16' per diea, astd other costs and charges colleciable under the MorEgage, for foreclosure and sale of the Property. 2. Plaintiff may immediately file the insta,nt Consent Judgment with the Cowt. 3. Zn the event that, prior to a Sheri;FPs Sale, it is determined that Plaintiff has expended surns with regard to tha Moztgaged Property, inclnding but not limited ta zeal estate taxes and insmance, then Defendants will stipulate with Plaintiff to the reassessment of damages in order to %ncrease or decrease tha judgnent to reAect the expenditurc made by Piaintif,F. 4. ' Defendants will peacefully vacate the Mortgaged Property by the date of the SherifPs Sale. 5. In exchange for Defendants' agreeinent to tha entry of an in re~m jvdgmcnt, Plaintiff agxees to not pwrsue Defendants for any deficimcy after the SherifPs Sate of the Mortgageci 04/,15/2011 08:39 FAX 215 563 4491 P[]ELAN AALLINAN 0000410009 Propexty. 6. The attorneys executing this Consent Judgment have done so otily after having discussed the terms with their respective clienCs ant3 having obtsuned tbair consent to be boun.d by the texms of this Consezxt.Tndgment. 7. Th.iis (:onseat ,t`riftmetet mtybe eywanteci in counterpart. K A facsirai1e Aprsion o~ a ftnA'ttuo~ ort this document shalt be treated for all pu1mr:s nts ~ac *tr~~sAi, ~~t'of t'he original sxgnatures. ~ . Datc: ~ . *Iy ~1k, ~sqxai~ ~br PXaiuitiff d.latei~' ~'Y . ».w.....,.. . /~t1s~c~~ ~at~ Ar~y for:' _ Rbdnoy L. Campbell, Jr, and ' N. Campbeil, Sr. I ~ Phelau Hallinan & Schmieg, LLP By: Slseetal R. Shah-:fani, Esq., Id. Nc1. 81760 Attorney for Plaintifi' i 617 JFK f3oulevard, Suite 1400 . One Penn Centec Plaza Philadelphia, PA 19103 215-563-7000 . CITIMORTGAGE T fl~ ~;!u>m "~'O , CUMBERI,AND COUN'I'Y CITIFINANCTA GT . COMPANY. INC. , COURT OR COMMON PLEAS vs. , C1V1L DIVISTON RODNEY L. CAMPBELL, JR . No. 10-4872 CIVIL TERM 2520 SPRING ROAD CARLISLF,, PA 17013 . CBRISTOPFIER N. CAMPBELL, SR 936 700 RD rn~ .~c NEW OXFORD, PA, 17350-9770 ~r'"; DORIS ROBINSUN 35 EASTGATE DRNE, APT 317 CARLISLE, PA 17015-6922 ZC) ' gQR & 1 RJD J'IJl7?+G N'T . AND ASSESSMENT OI' DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against, Defendants RODNEY L. CAMPBELL, JR, CHRISTOPHER N. CAMPSELL, SR, and DORIS ROBINSON pursuant to thc attached Conserit Judgment, and foreclosure and sale of the mortgaged premises, kindly Assess Plaintiffs.damages against RODNEY L. CAMPBELL, JR, CHRISTOPHER N. CAMPB$LL, S"R, and DORIS ROBINSON as follows: As set forth in Complaint & Consent Judginent $93,039.42 Interest - 03/12/2010 to 04/2212011 8 s8a,4s TOTAL $101,920.40 411'Date: S~~t R, SI~~ , J~~ii ~~'s~~., ld. No. 81760 '234285 I Exhibit "B" 234285 W N-' ro w tn -P W N O ~ ~ A N r~ o. P O a ' cNO oN c a a ..w.`~ i ~ a: 9. ^ Z ~ < Ei a ~o o ro > "A p>. •d Q -r~ va ~ ~v r o ID z y ~x ~ a A ~CDY os~o o a tr-~ 3o c'' ~ te v'a Z O ° v n z ~a.. ~ y OV . (n m Q ~ Y O y CsJ' ~ x Z ~ b CD~ oca'~ n cn y ~ O n o ~ a a~.3$,~ ~ O i.~O+ 3 -°n o ~ ~ A ~ o ~n 5 ~ o ^n ~ J o ^ ~ m ~ m A a e ~NR$~ ~ H o. a QQ C ~.fl'G' . tp P> ~ s n ~ n^ o O 2.52' W oG a Si'' ~ . N g N S' °o ~ . W d ~ d c R ~ . , . PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 563-700 (215) 0 I FAX# • ~ . (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey October 11, 2011 KEVIN E. PROSSER, ESQUIRE 400 MARKET STRE-ET NEWPORT, PA 17074 MARK W. ALLHOUSE, ESQUIRE 4833 SPRING ROAD SHERMANS DALE, PA 17090 RE; CITIMORTGAGE INC., SB/M TU CITIPINANCIAL MORTGAGE COMPANY, INC. v. RODNEY L. CAMPBELL, JR, CHRISTOPHER N. CAMPBELL, SK and DORIS ROBINSON Premises Address: 440 CRANES GAP ROAD CARLISLE, PA 17013 CUMBERLAND County CCP, No. l 0-4872 CIVIL TERM Dear Caunselors, 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, inereasing the amount of the judgment. Please respond to me within 5 days, by October 18, 2011. Should you have further questions or concerns, please do not hesitate to contact me. ' Otherwise, please be guided accordingly;,,~a_----- I Very truly yoursg . - . ll.iscan 1'.. W.eb .:s u' e Attorney for Plamtiff A Enclosure V . ~ `'~RIST1q~ LAWYER Alishouse, Esquire s~< U71~~S 4833 Spring Road • Shermans Dale, PA 17090 • p. 717.582.4006 • f. 717.582.7476 e. mark@christianlawyersolutions.com • r. christianlawyersolutions.com October 17, 2011 Allison F. Wells, Esquire PHELAN HALLINAN & SCHMIEG, LLP One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 RE: Estate of Rodney L. Campbell, Sr. CitiMortgage, Inc. , Your file 234285 ~ Cumberland Co. No. 10-4872 ~ Dear Ms. Wells: . On behalf of the Estate, the Estate concurs with your requested relief increasing the amount of damages to reflect the actual damages incurred to date. This consent is granted solely for the purposes of increasing your in rem judgment and in no way waives any claims or rights of Defendants in this matter. Certainly feel free to contact me should you have any additional questions. Very truly yours, rk W. Allshouse ^ f - ~ MWA/sa Enclosure cc: Mr. Rodney L. Campbell, Jr. Mr. Christopher N. Campbell, Sr. v1 f . " Phelan Hallinan & Schmieg, LLP ~ Melissa J. Cantwell, Esq., Id. No.308912 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE INC., SB/M TO . Court of Common Pleas CITIFINANCIAL MORTGAGE COMPANY, INC. : Plaintiff : Civil Division v. • : CUMBERLAND County RODNEY L. CAMPBELL, JR, IN HIS : CAPACITY AS ADMINISTRATOR C.T.A THE : No.: 10-4872 CIVIL TERM ESTATE OF RODNEY L. CAMPBELL A/K/A : RODNEY L. CAMPBELL, SR. CHRISTOPHER N. CAMPBELL, SR, IN HIS CAPACITY AS ADMINISTRATOR C.T.A THE 'ESTATE OF RODNEY L. CAMPBELL A/K/A RODNEY L. CAMPBELL, SR. DORIS ROBINSON, IN HER CAPACITY AS DEVISEE OF THE ESTATE OF RODNEY L. CAMPBELL A/K/A RODNEY L. CAMPBELL, SR. Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff s Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. KEVIN E. PROSSER, ESQUIRE 400 MARKET STREET NEWPORT, PA 17074 MARK W. ALLSHOUSE, ESQUIRE 4833 SPRING ROAD SHERMANS DALE, PA 17090 Phelan Hallinan & Schmieg, LLP DATE: v l/ By: C./ . Melissa J. Cantwell, ATTORNEY FOR PLAINTIFF 234285 A l` S 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 V. CUMBERLAND County RODNEY L. CAMPBELL, JR, IN HIS CAPACITY AS ADMINISTRATOR C.T.A THE ESTATE OF RODNEY L. CAMPBELL A/K/A RODNEY L. CAMPBELL, SR. CHRISTOPHER N. CAMPBELL, SR, IN HIS CAPACITY AS ADMINISTRATOR C.T.A THE ESTATE OF RODNEY L. CAMPBELL A/K/A RODNEY L. CAMPBELL, SR. DORIS ROBINSON, IN HER CAPACITY AS DEVISEE OF THE ESTATE OF RODNEY L. CAMPBELL A/K/A RODNEY L. CAMPBELL, SR. Defendants No.: 10-4872 CIVIL TERM ORDER AND NOW, this I day of &6-14 4 0- , 2011 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc in this case as follows: Principal Balance $89,489.05 Interest Through December 7, 2011 $16,723.67 Per Diem $21.82 Late Charges $114 81 Legal fees . $1 925.00 Cost of Suit and Title , $1 695.00 Property Inspections , $278 00 Property Preservation . $1,136.44 234285 Appraisal/Brokers Price Opinion $478.00 Escrow Deficit $4,877.60 TOTAL $116,717.57 Plus interest from December 7, 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 COURT J. Melissa J. Cantwell, Esq., Id. No.308912 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 KEVIN E. PROSSER, ESQUIRE 400 MARKET STREET NEWPORT, PA 17074 ? MARK W. ALLSHOUSE, ESQUIRE 4833 SPRING ROAD SHERMANS DALE, PA 17090 l? m?'tej 234285 r,. PHELAN HALLINAN & SCHMIEG, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE INC., SB/M TO CUMBERLAND COUNTY CITIFINANCIAL MORTGAGE COMPANY, INC. Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION RODNEY L. CAMPBELL, JR No.: 10-4872 CIVIL TERM CHRISTOPHER N. CAMPBELL, SR DORIS ROBINSON Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attachQd hereto Exhibit "A". Melissa J. Cantwell, Esquire T Attorney for Plaintiff Date:' IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the 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 4 234285 EXHIBIT "A"? jC? W ?a V) O OO N CO) N? d' ao oA y a M ? O Cd c as crab a?OOa r L N N N N L z¢o - £ 0 s l 30ood12 woad .o h m A G.? N o ? l oZ t Z9• 0371b 0 d3s ?N 9SZLL b r +s O 53IV1pB W PO t Zp A3Yl u ° u E q 6 d o O ? 6 H 5 q ? B •? e ? 3 ? Q ? 9 F ' Sj 1 ? 65 u a °o r ai ? 0 w ? c ? b u N w .?o?.Ho O y to °?o $? o = o A 00 NN 8 A,! oHO. 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