Loading...
HomeMy WebLinkAbout11-2784Phelan 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 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ii...`v'.C-'1Cc ESC ?NONO [,,F iN1 ti.k , -0 ?jj 10. ifs ^l1`°?B } ? YLYANi? TY ATTORNEY FOR PLAINTIFF 260481 CITIMORTGAGE, INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 Plaintiff V. JENNIFER L. OSBORN 506 WEST CUMBERLAND ROAD ENOLA, PA 17025-2513 Defendant COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. `J-L)?Sq C (Vl kYAA CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 260481 op atK .• 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 #: 260481 .b Plaintiff is CITIMORTGAGE, INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 2. The name(s) and last known address(es) of the Defendant(s) are: JENNIFER L. OSBORN 506 WEST CUMBERLAND ROAD ENOLA, PA 17025-2513 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/30/2004 JENNIFER L. OSBORN made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR PRIMARY RESIDENTIAL MORTGAGE, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1864, Page 1542. The PLAINTIFF is now the mortgagee and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2010 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File 4: 260481 ., 6 The following amounts are due on the mortgage: Principal Balance $82,952.43 Interest $1,555.35 08/01/2010 through 01 /01 /2011 Late Charges through 0l /01 /2011 $67.24 Mortgage Insurance Premium / $66.14 Private Mortgage Insurance Escrow Deficit $710.53 TOTAL $85,351.69 7 8. 9 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. File #: 260481 .y WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $85,351.69, together with interest from 01/01/2011 at the rate of $10.227 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage, including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. HALLINAN & SCHMIEG, LLP By: LJ 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 r'Lauren ' ine R. Davey, Esq., Id. No. 87077 R. Tabas, Esq., Id. No. 93337 ek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 Attorneys for Plaintiff File #: 260481 ., LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in the TOWNSHIP OF EAST PENNSBORO, formerly Borough of West Fairview, County of Cumberland, and State of Pennsylvania, more particularly bounded and described in accordance with survey of R & R Associates, dated October 29, 1979, and recorded with Deed in Deed Book T 28, Page 325, as follows: BEGINNING at a point on the eastern side of Second Street at the southern line of lands now or formerly of Roger L. and Wanda J. Baker; thence along lands now or formerly of Baker the following two courses and distances: (1) North 54 degrees 05 minutes east 36.40 feet; (2) North 67 degrees 36 minutes east 138.12 feet to a point; thence along lands now or formerly of G. L. Schutt, south 26 degrees 12 minutes east 20.20 feet to a point; thence along lands now or formerly of Leonard A. Rutter, Sr., south 63 degrees 48 minutes west 170 feet to a point; thence along Second Street, North 35 degrees 15 minutes west 23.50 feet to a point, the place of BEGINNING. PROPERTY ADDRESS: 507 SECOND STREET, ENOLA, PA 17025-3117 PARCEL # 45-16-1049-037 File #: 260481 VERIFICATION Din R. Du000 hereby states that he/sPPJAM" OoW" CN W of CTTIMORTGAGE, INC., servicing agent for Plaintiff in this matter, CITIMORTGAGE, INC., that he/she is authorized to make this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: DATE: 2-!S t 2-w I PHS#: 260481 Title: p- -- Control Officer Servicer: CITIMORTGAGE, INC. Name: OSBORN WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-2784 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC. Plaintiff (s) From JENNIFER L. OSBORN (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: $86,670.97 L.L.: $.50 Interest from 5/11/2011 to Date of Sale ($14.25 per diem) - - $3,006.75 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $206.50 Other Costs: Plaintiff Paid: Date: 6/21/11 David D. Buell, Prothono (Seal) Deputy REQUESTING PARTY: Name: ALLISON F. WELLS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG LLP 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 309519 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CITIMORTGAGE, INC. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION v JENNIFER L. OSBORN Defendant(s) NO.: 11-2784-CIVH TERM CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 05/11/2011 to Date of Sale ($14.25 per diem) TOTAL $86,670.97 $3,006.75 0 y C .? ?. rn> tV CJ -Orn C Ms C13-n :a = Cl) O Qm c: for Plaintiff ?Qm? $ay.6o?d a1? "y co c F CIACCu« A, {A.. op PH OL Note: Please attach description of property. PHS # 260481 Yhel 1M?SIf& Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 622 ? Michele M. Bradford, Esq., Id. No. 9849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 Courten Dunn, Esq., Id. No. 206779 ew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Scheiner, Esq., Id. No. 308912 Q 01.00 b ue ?. sa LL Ci-*- t 09 38116-? (ZJ?_ o-? 46101L uIn ?- o?- e E T'ss 4 ec td l? ? M ?w?A w?A c? N a pva° w W Q d WR 100 N C4 3 Wp?d. ?a w? z 181 ?a 04 V M?pypN'4°p?p??MN Oya,? a?ZZ bzb d c °? cZ ?zz? QZ°,<Z F O p a? ti ti ."^zZZooZ-0:0 F?jy /?Fjyy .. a, j4l 1? '`v ?c7F??w?,° 3 >? 3 aw y 140.).14 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Plaintiff V. JENNIFER L. OSBORN Defendant(s) OF THE PROTHONOTAR'1Attorneys for Plaintiff iLED-OFFICE 2011 JUN 21 AM 10: 09 CUMBERLAND COUNTY PENNSYLVANIA : COURT OF COMMON PLEAS : CIVIL DIVISION NO.: 11-2784-CIVIL-TERM : CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: (X) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 authorities. Attorney for Plaintiff Phelan Hglioug . -Q_ c? rLmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 F-1 Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Cout unn, Esq., Id. No. 206779 ew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Scheiner, Esq., Id. No. 308912 to W CITIMORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff , FILED-OFFICE CIVIL DIVISION 0 HE PROTHONOTARY V. , ZOI I JUN 21 AM 10: B9 NO.: 11-2784-CIVIL-TERM JENNIFER L. OSBORN Defendant(s) CUMBERLAND COUNTY , PENNSYLVANIA CUMBERLAND COUNTY PHS # 260481 AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE, INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 507 SECOND STREET, ENOLA, PA 17025-3117. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) JENNIFER L. OSBORN 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 507 SECOND STREET ENOLA, PA 17025-3117 506 WEST CUMBERLAND ROAD ENOLA, PA 17025-2513 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) LVNV FUNDING LLC 15 SOUTH MAIN STREET, SUITE 500 GREENVILLE, SC 29601 LVNV FUNDING LLC C/O MICHAEL F. RATCHFORD, ESQUIRE LVNV FUNDING LLC C/O EDWIN A. ABRAHAMSEN & ASSOCIATES, P.C JAMES C. COSTOPOULOS 120 NORTH KEYSER AVENUE SCRANTON, PA 18501 120 NORTH KEYSER AVENUE SCRANTON, PA 18501 10 COURTHOUSE AVENUE, STE. 103 CARLISLE, PA 17013 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 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. J. 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 Domestic Relations of Cumberland County 507 SECOND STREET ENOLA, PA 17025-3117 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA 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 sub' cuo the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. Date: /)h Attorney for Plaintif -llsu & hmieg, LLP ? Lawrence T. Phelan, q., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 6269 ? Daniel G. Schmieg, Esq., Id. No. 62- 5 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtena unn, Esq., Id. No. 206779 ? An Fel' C. Bramblett, Esq., Id. No. 208375 lison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 ? Melissa J. Scheiner, Esq., Id. No. 308912 CITIMORTGAGE, INC. FILED-OFFICE O THE PROTHON?JA§gff : COURT OF COMMON PLEAS : CIVIL DIVISION 2011 JUN 21 AID 10: 09 VS. : NO.: 11-2784-CIVIL-TERM CUMBERLAND COUNTY JENNIFER L. OSBORN PENNSYLVANIA Defendant(s) CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JENNIFER L. OSBORN 507 SECOND STREET ENOLA, PA 17025-3117 JENNIFER L. OSBORN 506 WEST CUMBERLAND ROAD ENOLA, PA 17025-2513 "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 507 SECOND STREET, ENOLA, PA 17025-3117 is scheduled to be sold at the Sheriffs 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 $86,670.97 obtained by CITIMORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 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. 11-2784-CIVIL-TERM CITIMORTGAGE, INC. VS. JENNIFER L. OSBORN owner(s) of property situate in the TOWNSHIP OF EAST PENNSBORO F/K/A BOROUGH OF WEST FAIRVIEW, Cumberland County, Pennsylvania, being (Municipality) 507 SECOND STREET, ENOLA, PA 17025-3117 Parcel No. 45-16-1049-037 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $86,670.97 Phelan Hallinan & Schmieg, LLP Attomey for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in the TOWNSHIP OF EAST PENNSBORO, formerly Borough of West Fairview, County of Cumberland, and State of Pennsylvania, more particularly bounded and described in accordance with survey of R & R Associates, dated October 29, 1979, and as follows: BEGINNING at a point on the eastern side of Second Street at the southern line of lands now or formerly of Roger L. and Wanda J. Baker; thence along lands now or formerly of Baker the following two courses and distances: (1) North 54 degrees 05 minutes east 36.40 feet; (2) North 67 degrees 36 minutes east 138.12 feet to a point; thence along lands now or formerly of G. L. Schutt, south 26 degrees 12 minutes east 20.20 feet to a point; thence along lands now or formerly of Leonard A. Rutter, Sr., south 63 degrees 48 minutes west 170 feet to a point; thence along Second Street, North 35 degrees 15 minutes west 23.50 feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a two-story dwelling. TITLE TO SAID PREMISES IS VESTED IN Jennifer L. Osborn, married person, by Deed from James R. Wissler and Linda B. Wissler, his wife, fka, Linda B. Mantz, dated 04/30/2004, recorded 05/05/2004 in Book 262, Page 4218. PREMISES BEING: 507 SECOND STREET, ENOLA, PA 17025-3117 PARCEL NO. 45-16-1049-037 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY CITIMORTGAGE, INC. PHS # 260481 DEFENDANT SERVICE TEAM/ lxh 3 OSBORN COURT NO : 11-2784-CIVIL-Tl JENNIFER L . . t'+"i = SERVE JENNIFER L. OSBORN AT: TYPE OF ACTION 507 SECOND STREET XX Notice of Sheriffs Sale -<S> ENOLA, PA 17025-3117 SALE DATE: 12/07/2011 CZ= 3;,n SERVED =O C Served and made known to JENNIFER L. OSBORN , Defendant on the 13;1$-day of U L- 20?!atat ?_Ale?A, h&, in the manner described below: 4: l4 , o'clock g. M., at ein7 SE otiV1 a -< , L/ Defendant personally served. _ Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: C o ?- :L7 I, Bnl 4-K-=>) ,A p L 4.a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Description: Age 46S Height Weight 110 Race W Sex F Other DATE: 7 (-31H NAME: PRINTED NAME: KO PA-0 AD LL TITLE: ?Abdir,S 5rzi"Fr, NOT SERVED On the day of , 20_, at - o'clock _. M., Defendant NOT FOUND because: - Vacant - Does Not Exist _ Moved - Does Not Reside (Not Vacant) No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 1? , . r . , ~ - Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 ,ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 °°OE R L At: J; One Penn Center Plaza ' ENN S Y Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. : Court of Common Pleas Plaintiff ~ : Civil Division v. ~ : CUMBERLAND County JENNIFER L. OSBORN ~ ; No.:ll-2784-CIVIL-TERM Defendant • 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 corrvnenced this foreclosure action by filing a Complaint on March 8, 2011. 2. Judgment was entered on May 12, 2011 in the amount of $86,670.97. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriff s Sale on December 7, 2011. 260481 , 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $82,952.43 Interest Through December 7, 2011 $5,038.48 Per Diem $10.23 Late Charges $67.24 Legal fees $1,300.00 Cost of Suit and Title $885.00 Property Inspections $162.00 Suspense/Misc. Credits ($18.00) Escrow lleficit $4,014.69 TOTAL $94,401.84 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 11, 2011 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiffls letter pursuant to Local Rule 2083(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 10. No judge has previously entered a ruling in this case. 260481 . WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: C a 1 ~ I By: ~ Melissa J. Cantwell, Esquire ATTORNEY FOR PLAINTIFF 260481 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. : Court of Common Pleas Plaintiff ~ : Civil Division v. ~ ; CUMBERLAND County JENNIFER L. OSBORN ~ : No.: 11-2784-CIVIL-TERM Defendant : MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I' I. BACKGROUND OF CASE JENNIFER L. OSBORN 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 507 SECOND STREET, ENOLA, PA 17025-3117. 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. 260481 In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriff s Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Peiuisylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa. Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect 260481 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 Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in fu1L The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financiallosses on this loan. 260481 III. THE FORECLOSURE NDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriff s Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount CoMpany v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141 (a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.RC.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriff s Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiff s interest very well may be divested, and Plaintiff would sustain a complete loss on the 260481 outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most imPortantlY, the Mortgage specifically provides that the mortgagee may advance the ' monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton RealtX, 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. 260481 The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.RC.P.3129.1 I i 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 incuned. 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 260481 terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. 260481 IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: I By: Melissa J. Cantwell, Es ' Attorney for Plaintiff 260481 Exhibit "A" 260481 1 itrIl~i~ 1A~y~ l.'j i 1 {1t5 1 ~~~.,!.;1UCRLH~D COl}~a~~`! ATIORtvEY FILE GOPY PLEASE RETURN Phelan Hallinan & Schmieg, LLP By: I.awrence T. Phelan, Esq., Id. No. 32227 Attorney for Plainriff 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. 7ones, Esq., Id. No. 86657 Peter J. MulcahY, Esq•, Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 ' Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Mi11er, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 1617 JFK Boulevard, Suite 1400 One'Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. : CUMBERLAND COUNTY ` vs. : COiJRT OF COMMON PLEAS JENNIFER L. OSBORN : CIVIL DIVISION : No.ll-2784-CIVIL-TERM 260481 PRAECIPE FOR IN REM .TUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTA:RY: I{.indly enter jladgment zn favor af the Plaintiff and against JEIVNTFER L. OSBORN, Dcfendant(s) £or failure tn fiIe an Answer to PlaintifPs Complaint witlun 20 days from service thereof anci for £oreclosure and sa1e ofthe mortgaged premises, and assess Plaintiff's damages as fol.lows: As set forth in Cosriplaint $85,351.69 Interest - 01/02/2011 to 05l10/2011 $1,319.28 i TOTAL $86,570.97 ' I hereby certify that (1) the Defendant's last known addresses are 506 WEST CUMBERLAND ROAD, ENOLA, PA 17025-2513 and the rzzortgaged premises 507 SECOND STREET, ENOLA, PA 17025-3117, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1, Date ~ LBw ceT. Ph st%, q., Id. No. 32227 E,] cis S. Hallinan, Esq., Td. No. 62695 (DOaniot G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-7ani, Esq., Td. No. 81760 0 Jenine R. Davey, Esq., Td. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 (7 Jay B. Jones, Esq., Id. No. 86657 Q Peter J. Mulcahy, Esq., Id. No. 61791 E] Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Q; Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Fsq., Id. No. 206779 0 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 [,l William E. Miller, Esq., Id. No. 308951 ? Melissa J. Seheiner, Esq., Id. No. 308912 Attomey for Plaintiff DAMAGES ARE HEREBY ASSESSBD AS INDICATED. DATE: ~ P}is u 260481 PROTHONOTARY 260481 I Exhibit "B" 260481 f o y ic w ~ a o ~ ^ To ~ ~ 00 22 0 . C d' FF ' u o' y E ~ FF.~ eus N E d U v 2 C.~ 6 6 L 3400 dIZ W08J 03lItlNl E u ~IOZ 111o0 9SZLLZb00() ~ E ~JR~ W oz5-za $ ~ z~~ Fv .U ~.5 s3nnoe a3wiw Ammw~ ~ ~ 2 c e 0' E o S O ti ~ 8_' o 0 0 5 y ~ u.c ~ ~4 ~ 7 a r~i U . + .0.p E F GA E A ~ E -o6E Cw ' N ah0i y w ~ ~ v ~ E b o ~ = o N v o ~ o 1n v~ p R o N m v 0. G c o E ~ d > oo~ o Gw o c ~ .c M o c o~ a O ~ y ~a E M ~ z boov~ r~ °~Oo v v ~ o O G~ a Q Fs tizs~ In. v~ a~ W Q ~ ..a F~ a W o O Ea,,, ~ y x ~ 0.i ~1 V a `n ~ oo C O E" eC U w a°w z ~o w ~ 3 < V)~ ~ o 0 ~ v .c ~ O O 7- ~ n 00 m ..a W a~ a0a Q ao a GG ° o ~ w W ~a f~. Lz. A ~ ea W W o ~ Z ti ti H~ ~ ~ L G v , ~ 04 00 R y C r~ ~ R N N ~ Q ~ a `+i z a~ A U ~ O N M ~t ~ t-~ a l- 00 ON J , PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey October 11, 2011 JENNIFER L. OSBORN JENNIFER L. OSBORN 507 SECOND STREET 506 WEST CUMBERLAND ROAD ENOLA, PA 17025-3117 ENOLA, PA 17025-2513 RE: CITIMORTGAGE, INC. v. JENNIFER L. OSBORN Premises Address: 507 SECOND STREET ENOLA, PA 17025 CUMBERLAND County CCP, No. 11-2784-CIVIL-TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by October 18, 2011. Should you have further questions ox.coricerns;-please do not hesitate to contact me. lease be uide e~cn ~ -Otherwise, P g ~ _ Very ui Attorney for Plaintiff ~ Enclosure 260481 ? 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. : Court of Common Pleas Plaintiff ~ : Civil Division v. ~ : CUMBERLAND County JENNIFER L. OSBORN ~ : No.:ll-2784-CIVIL-TERM Defendant ~ 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 individual on the date indicated below. JENNIFER L. OSBORN JENNIFER L. OSBORN 507 SECOND STREET 506 WEST CUMBERLAND ROAD ENOLA, PA 1 7025-3 1 1 7 ENOLA, PA 17025-2513 Phelan Hallinan & Schmieg, LLP DATE: 1 J ~ ~ ~I B~~--- . Melissa J. Cantwell, Esquire ATTORNEY FOR PLAINTIFF 260481 i I , e ! t 1 lit ?1IC13ERL Ar' ') Cc UN `s N VA NIA Phelan Hallinan & Schmieg, LLP William E. Miller, Esq., Id. No.308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division VS. JENNIFER L. OSBORN CUMBERLAND County No.: 11-2784-CIVIL-TERM Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 26, 2011 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. JENNIFER L. OSBORN JENNIFER L. OSBORN 507 SECOND STREET 506 WEST CUMBERLAND ROAD ENOLA, PA 17025-3117 ENOLA, PA 17025-2513 Phel Ha a Schmieg, LLP By: DATE: / illiam E. Miller, Esquire Attorney for Plaintiff 260481 l IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. Court of Common Pleas Plaintiff : Civil Division r` Vs. i r... C "i CUMBERLAND C JENNIFER L. OSBORN Iran' ¢" i Defendant No.:11-2784-CIVIL R1 r Lac? C3 _ o ORDER AND NOW, this 2)1 day of r o v ., 2011, upon consideration of Plaws :: 7r c°3 -_ `'' CJ Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered ?upon Defendant shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $82,952.43 Interest Through December 7, 2011 $5,038.48 Per Diem $10.23 Late Charges $67.24 Legal fees $1,300.00 Cost of Suit and Title $885.00 Property Inspections $162.00 Suspense/Misc. Credits ($18.00) Escrow Deficit $4,014.69 TOTAL $94,401.84 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. ?enNk L . (Morn c? 260481 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy :f r,E ? t 12 FE Richard W Stewart Solicitor CITIMORTGAGE, Inc. vs. Jennifer Lynn Osborn Case Number 2011-2784 SHERIFF'S RETURN OF SERVICE 09/28/2011 02:42 PM - Deputy Shawn Gutshall, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 507 Second Street, Enola, PA 17025, Cumberland County. 09/29/2011 06:46 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be ADAIR DOLBIN (MOTHER), who accepted as "Adult Person in Charge" for Jennifer Lynn Osborn at 506 WEST CUMBERLAND ROAD, EAST PENNSBORO TOWNSHIP, ENOLA, PA 17025, Cumberland County. 12/07/2011 Ronny Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, Pa. on December 7, 2011 at 10 a.m. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Citimortgage, Inc. at 1000 Technology Drive, O'Fallon, Mo 63368. Citimortgage, Inc., being the buyer in this execution, paid to the Sheriff the sum of $803.62. 01/11/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. SHERIFF COST: $803.62 January 11, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF ?l?i Cif a/ ty . of . 5? . a, 770 ;c7 countysuite ShenYf, 7 eie eorl, Inc. • f CITIMORTGAGE, INC. Plaintiff . V. JENNIFER L. OSBORN Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-2784-CIVIL-TERM CUMBERLAND COUNTY PHS # 260481 AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE, INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 507 SECOND STREET, ENOLA, PA 17025-3117. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) JENNIFER L. OSBORN 507 SECOND STREET ENOLA, PA 17025-3117 506 WEST CUMBERLAND ROAD ENOLA, PA 17025-2513 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) LVNV FUNDING LLC 15 SOUTH MAIN STREET, SUITE 500 GREENVILLE, SC 29601 LVNV FUNDING LLC 120 NORTH KEYSER AVENUE C/O MICHAEL F. RATCHFORD, ESQUIRE SCRANTON, PA 18501 LVNV FUNDING LLC 120 NORTH KEYSER AVENUE C/O EDWIN A. ABRAHAMSEN & SCRANTON, PA 18501 ASSOCIATES, P.C JAMES C. COSTOPOULOS 10 COURTHOUSE AVENUE, STE. 103 CARLISLE, PA 17013 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 507 SECOND STREET ENOLA, PA 17025-3117 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA 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 subiggLio the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. Date: Attorney for Plainti -zhe'aa uAUj & chmieg, LLP ? Lawrence T. Phelan, q., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 6269 ? Daniel G. Schmieg, Esq., Id. No. 62 5 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtena nn, Esq., Id. No. 206779 ? An C. Bramblett, Esq., Id. No. 208375 lison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 ? Melissa J. Scheiner, Esq., Id. No. 308912 CITIMORTGAGE, INC. : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. NO.: 11-2784-CIVIL-TERM JENNIFER L. OSBORN Defendant(s) CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JENNIFER L. OSBORN 507 SECOND STREET ENOLA, PA 17025-3117 JENNIFER L. OSBORN 506 WEST CUMBERLAND ROAD ENOLA, PA 17025-2513 "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 507 SECOND STREET, ENOLA, PA 17025-3117 is scheduled to be sold at the Sheriffs 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 $86,670.97 obtained by CITIMORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 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. 11-2784-CIVIL-TERM CITIMORTGAGE, INC. VS. JENNIFER L. OSBORN owner(s) of property situate in the TOWNSHIP OF EAST PENNSBORO F/K/A BOROUGH OF WEST FAIRVIEW, Cumberland County, Pennsylvania, being (Municipality) 507 SECOND STREET, ENOLA, PA 17025-3117 Parcel No. 45-16-1049-037 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $86,670.97 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in the TOWNSHIP OF EAST PENNSBORO, formerly Borough of West Fairview, County of Cumberland, and State of Pennsylvania, more particularly bounded and described in accordance with survey of R & R Associates, dated October 29, 1979, and as follows: BEGINNING at a point on the eastern side of Second Street at the southern line of lands now or formerly of Roger L. and Wanda J. Baker; thence along lands now or formerly of Baker the following two courses and distances: (1) North 54 degrees 05 minutes east 36.40 feet; (2) North 67 degrees 36 minutes east 138.12 feet to a point; thence along lands now or formerly of G. L. Schutt, south 26 degrees 12 minutes east 20.20 feet to a point; thence along lands now or formerly of Leonard A. Rutter, Sr., south 63 degrees 48 minutes west 170 feet to a point; thence along Second Street, North 35 degrees 15 minutes west 23.50 feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a two-story dwelling. TITLE TO SAID PREMISES IS VESTED IN Jennifer L. Osborn, married person, by Deed from James R. Wissler and Linda B. Wissler, his wife, fka, Linda B. Mantz, dated 04/30/2004, recorded 05/05/2004 in Book 262, Page 4218. PREMISES BEING: 507 SECOND STREET, ENOLA, PA 17025-3117 PARCEL NO. 45-16-1049-037 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-2784 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC. Plaintiff (s) From JENNIFER L. OSBORN (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: $86,670.97 L.L.: $.50 Interest from 5/11/2011 to Date of Sale ($14.25 per diem) - - $3,006.75 Atty's Comm: % Due Prothy: $2.00 Arty Paid: $206.50 Other Costs: Plaintiff Paid: Date: 6/21/11 ?j David D. Buell, Prothonotary (Seal) Deputy REQUESTING PARTY: Name: ALLISON F. WELLS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG LLP 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 309519 TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seat of said Court at Carlisle, Pa. This -,9L day of E - 20 // ?7, ?rcthonotary On July 14, 2011 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as, 507 Second Street, Enola, more fully described on Ex4ibit "A" filed with this writ and by this referenced incorporated herein. Date: July 14, 2011 By: Real Estate Coordinator Oil ? rt :i The Patriot-News Co. ?020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE the Patriot News NOW you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severallyby the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/21111 10/28/11 11/04/11 011 A.D. ivuiary ruuuu COMMONWEALTH OF PENNSYLVANIA Ne arm Seel Shortie L. Owens, Notary Public Lower PNOn TWP., D&JPW County My Cownleelm Bq*u Nov. 26, 2015 MEMBER, PENNSYLVANIA ASS MTM OF WrARIES Zpti-rm cNu Twm iww4w 440 By virtue of a Writ of EuxntlonNO. 11-2784-CM TERM Cr MORrGAGE, INC. VS. JENNIFER L OSBORN owner(s) of properly siWW iu the TOWNSHIP OF EAST PENNSBORO F/K/A BOROUGH OF WEST FAWMW, Cumberland County, Pe,MWania, being (M) 507S ?pND STREE'EENOLP+, PA 17025-3117 Parcel No. 45-16-1044037 (Acreage or street addroas) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNI`. 586,670.47 14 CUMBERLAND LAW JOURNAL Writ No. 2011-2784 civil Citimortgage, Inc. vs. Jennifer Lynn Osborn Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 11-2784-CIVIL-TERM. CITI- MORTGAGE, INC. vs. JENNIFER L. OSBORN owner(s) of property situate in the TOWNSHIP OF EAST PENNS- BORO F/K/A BOROUGH OF WEST FAIRVIEW, Cumberland County, Pennsylvania, being 507 SECOND STREET, ENOLA, PA 17025-3117. Parcel No. 45-16-1049-037. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $86,- 670.97. 67 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Citimortga eg_ Inc. is the grantee the same having been sold to said grantee on the 7 day of December A.D., 2011, under and by virtue of a writ Execution issued on the 2 day of June, A.D., 2011, out of the Court of Common Pleas of said County as of Civil Term, 2011 Number 2784, at the suit of Citimortga egg Inc. against Jennifer L. Osborn is duly recorded as Instrument Number 201203171. IN TESTIMONY WHEREOF, I have hereunto set my hand -Zi` and seal of said office this day of A.D. Recorder of Deeds c(Dooft Qnb*W tbtft Ceder. PA try camnde m Expiresthe FWM=*dJft2014 f IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. VS. JENNIFER L. OSBORN : CUMBERLAND COUNTY CoRDER day of , 2012, upon consideration of the AND NOW, this foregoing petition, it is hereby ordered that: 1 a rule is issued upon the respondent to,show cause why the petitioner is not entitled to the relief requested; to the petition within twenty (20) days of this file an answer (2) the respondent shall date; (3) the petition shall be decided under Pa. R. Civ. P. No. 206.7. (4) notice of entry of this order shall be provided to all parities by the petitioner. :r n Tin T. ?-- A . C ? 3C:? n: F{r L• D 56n?,? x ? Pkelao eS j??v?;?tr L Ds?o?? 1,C1? -66 W (A . I, d-313-.7 / a #212630 OF COMMON PLEAS COURT No. 11-2784-CIVIL-TERM CIVIL DIVISION # ; THONG 1 T' P t -4 P? 2.44 °.Uf3F?RLA? VAN COUNTY FE?NSYL PHELAN HALLINAN & SCHMIEG, LLP BY: MARIO J. HANYON, ESQUIRE Identification No. 203933 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 CITIMORTGAGE, INC., PLAINTIFF VS. JENNIFER L. OSBORN, DEFENDANT Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Civil Division No 11-2784-CIVIL-TERM CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the Order dated March 27, 2012, was served via regular mail to the person on the date listed below: Jennifer L. Osborn, Pro Se 507 Second Street Enola, PA 17025-3117 DATE: q/ ?, ? / ---?L- Mario J. Hanyon, Esquire Attorney for Plaintiff 260481 PHELAN HALLINAN AND SCHMIEG, LLP BY: JOSEPH P. SCHALK, ESQUIRE Identification No. 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 x 7365 PH f 2: t V IiIf'f+GEt? ANV COt}N 1 '. !PEN =1SYIN,? NIA Attorney for Plaintiff CITIMORTGAGE, INC. : CUMBERLAND COUNTY VS. : COURT OF COMMON PLEAS JENNIFER L. OSBORN : CIVIL DIVISION : No. 11-2784-CIVIL-TERM CERTIFICATION OF SERVICE I hereby certify true and correct copies of Plaintiff's Motion to Make Rule Absolute, Brief in Support thereof, and attached exhibits were served by regular mail to the following on the date listed below: Jennifer L. Osborn 506 WEST CUMBERLAND ROAD ENOLA, PA 17025-2513 Jennifer L. Osborn 1507 SECOND STREET ENOLA, PA 17025-3117 Date: Byase P. chalk, Esquire eys for Plaintiff 260481 \4 1 V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS JENNIFER L. OSBORN CIVIL DIVISION No. 11-2784-CIVIL-TERM ORDER AND NOW, this ?,, p day of , 2012, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby: ORDERED and DECREED that the Rule entered upon Defendant on March 27, 2012 shall be and is hereby made absolute and Plaintiff's Motion to Set Aside Sheriff's Sale in the above-captioned matter is hereby granted. Thomas A. Plbcey Common Pleas Judge r .3 _'EE z ? 'ZOer : ' ? L. Dsdorn -- :z rv e CpP; es . /ed Ula? a N-) 260481 ???E Phelan Efallinan,LLP (11I MAR 25 AM 9: 33 Attorney For Plaintiff 1617 JFK Boulevard,Suite X00 One Pena Center Plaza C.iM BLAND COUNTY Philadelphia,PA 19103 �SYLW�l�tA 215-563-7000 CPTIMORTGAGE,INC. Court of Common Pleas Plaintiff Civil Division vs CUMBERLAND County JENNIFER L.OSBORN Defendant No. l l-2784CIVIL-TERM S Ti ,,,ESTION OF RECORR C ANGE RE: FItOFERTY ADDRESS IN DOCKET TO THE PROTHONOTARY: Property Address was erroneously listed on the docket as: 507 SECOND STREET,ENOLA, PA 17025 The correct Property Address is: 1507 SECOND STREET,ENOLA, PA 17025 Kindly change the information on the docket. Date: PHELAN HALLINAN,LLP By: Mered Woot—ers-,wEsq-.-Ila.No.307207 Attorney for Plaintiff PHS#260481 Phelan Hallinan,LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 w One Penn Center Plaza w , Philadelphia,PA 19103 j 215-563-7000 cv cn CI TIMORTGAGE,INC. Court of Common Pleas x• - , 30 e� Plaintiff Civil Division .,: V. CUMBERLAND County JENNIFER L. OSBORN No. 11-2784-CIVIL-TERM Defendant PHS#260481 CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s)on the date listed below: JENNIFER L. OSBORN 1507 SECOND STREET ENOLA,PA 17nn0255-3117 Date: J d�' '� PHELAN HALLINAN, LLP By: Nul"-Aw Meredith Wooters,Esq.,Id.No.307207 Attorney for Plaintiff Phelan Hallinan,LLP 2013 AR 27 AM 40: U 8,Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza #,L! :RERL AND COUNTY Y Philadelphia,PA 19103 N S Y LVA N I A 215-563-7000 CITIMORTGAGE,INC. Court of Common Pleas Plaintiff Civil Division vs CUMBERLAND County JENNIFER L.OSBORN Defendant No. 11-2784-CIVIL-TERM SUGGESTIO OF RECORD CHANGE RE: PROPERtY ADDRESS IN DOCKET TO THE PROTHONOTARY: Property Address was erroneously listed n the docket as: 507 SECOND STREET,ENOLA, PA 1 025 The correct Property Address is: 1507 SECOND STREET,ENOLA, P� 17025 Kindly change the information q I inform a tion on t - docket. 1 j PHELAN HALLINAN,L P Date: v By: Ir Meredith Wooters,Esq.,Id. No.307207 PHS#260481 Attorney for Plaintiff I Phelan Hallman,LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 CITIMORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County JENNIFER L. OSBORN No. 11-2784-CIVIL-TERM Defendant PHS#260481 CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s)on the date listed below: JENNIFER L.OSBORN 1507 SECOND STREET ENOLA, PA 17025-3117 Date: PHELAN HALLINAN,LLP By: Meredith Wooters,Esq.,Id.No.307207 Attorney for Plaintiff AFFIDA 1-'IT OF SERVICE PLAINTIFF CUMBERLAND COUNTY CITIMORTGAGE,INC. PHS#260481 DEFENDANT SERVICE TEAM/lxh JENNIFER L.OSBORN COURT NO.:11-2784-CIVIL-TERM SERVE JENNIFER L.OSBORN AT: TYPE OF ACTION 1507 SECOND STREET XX Notice of Sheriffs Sale C ENOLA,PA 17025 SALE DATE: September 41 2013 C o _T C.0 _ SERVED –� ,Served and made known to JENNIFER L.OSBORN,Defendant on the day of � 20 t N D,o'clock.P.M.,at 0 r: in the manner described below: C:) ' Defendant pfrrsonally served. ��p "i} =-Ti _Adult family member with whom Defendant(s)reside(s). '3 C-) =9 , Relationship is CD _Adult in charge of Defendant's residence who refused to give name or relationship. A > Manager/Clerk of place of lodging in which Defendant(s)reside(s). N) _Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. _Other: f Description`t: Age l/ Height ��� Weight t 0 ace W Sex Other I, Q�\ a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sh riffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. 4 f, DATE: NAME: pp (+ PRINTED N dl J u✓ f-m D 9MN TITLE: ro Ce SS q 2f . NOT SERVED On the day of 2G at o'clock '.M.,I, a competent adult hereby state that Defendant NUF F U Dtecause: Vacant Does Not Exist Moved Does Not Reside(Not Vacant) —No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 (-I ) - ! f JLrED-0FI-f�L W? P6 AM 10: z� P PHELAN HALL Attorney for Plaintiff Adam H.Davis, Lt 1.617JFKBoulevardj eA�,!��IeOft Q �Y� I A ca °�". One Penn Center Plaza Philadelphia,PA 19103 Adam.Davis @PhelanHallinan.com 215=563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CITIMORTGAGE,INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION JENNIFER L.OSBORN Defendant(s) No.: 11-2784-CIVIL-TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa.R.C.P. 3129.2(x)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 attached hereto Exhibit"AA". Adam H.Davis,Esq.,Id.No.203034 /�/�L3 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. PH#754314 w Naal.Ud Pki illdliraA,LLP AditeI Of ON JFXBtmnPt Suite}400 6 Sonde: ON>t�urntn Pita i«ri p PSOMeI PA f0103 A9.Yi11DA•09A4/1AI3 SALE U. Attieh tm+ber am:of ddrefare St- -a'td PartA Addnrm. _ - Nsla2e _ 1 -- «•• TENANVOCCIIPAA? $0.45 i 1307 SECON'O STREET =�1, ENOLA PA 17023 '2 AGCET ACCEPTANCE IJA' - - .S0,45 ,•• 2640S VAN DYkLAVEhUE RUC WARREN NI 16091 'ry ASSLT ACCEPTANCE,MC CAT DAVID R.GALLOWAY,FSQUIRF 3OA3 1?s as 1'1 64 1 3%fAI,V,MrET ME NICSam PA MSS '1 "*a• CUMBERLAND COUNTY ADULT PROBATION 50.45 30°4 14YNRTItOUSE SQUARE CARLISLE,PA 173133.47 - Y 5 FAST PENNSI}ARO MAN'SHIP $0.45 LA DRIVE _ EEO PA IT013 6 EAST rEF4\y8DRO7OWN31fIF CO A.JOliNrIETROrAUtd 30•'15 . 9i sotrnl cl.oLADRItiT; .=�, EVOLA PA 17625 T . ..._._._..V.�__..._ T "" �EAST.PLt4rt'.S&IRO__701YNSNIP CIO JOSEPUACURCILL0111,£SQUIRT. .SODS 3%4 LEKINGTON STREET IiARRISOUR PA fitOP-24th 6 a JA ME$C•COSTOPOUIM - SOAS ti,r W7 10PA USEAYiIVE,M103., 9 ••,• Lvrzv FUNDI1GG1LC .. "SODS 15 SM I'M MAIN 37l1M,!tI M.S00 GREENVILLE SC29601 - 10 '7L%.W IM OtNG LLC CIO MICIMLF,RATCNFORR ESQUIRE BOAS Eb51TN A.AVW(AMSEN B ASSACIATM P.C. - 120 NORTH KLVSERAW,i'U£ . �} X01• 11 •"'• PEN M LVAMIASTATE£AfPLOVE£SCREDffINIOV .. SMS I CREDIT ANION PLACE . 11ARAt3DURO TA 17101 12 - _ •••• DOalE5T1C RCI:ATIOWS OF tUMBERIANDCOi1NTY 13 NORTI,iLUNOV£RSTRLET CAWSL PA 170u '.IS.' CAMAibNWF,ALT1a DP PPfiT'SVLVAN7A... _. - .'. :50.x5 .. DEPARTTIFATOF WPAYARC P,O.BOY 2175 11ARRI,URG PA 17103 . li"' "^• IATERNALREVFVUF,SERVICE,ADVISORY. - '30.43 .. l iM LIBER.FY ANTNUEROOM 70i . PITTSBU_RGIi�PA ISZ22 " .,15 �wrr'"• - U.S.UEPARThtEt1°f'OFJCtSCiC£ -SOAS U.S.ATTORNEY FOR THE MIDDLE DISTRSCT OF PA - - FEDERALDUMPINO 23S WALNUT STREET,SUITE nO - PO BOX 1175' _ t1ARRISFIURG.PA 17106.1754 RE:2ENh7FER 1.05'BOR4 G113iDE MS914001/f023 P l nTl Wril Team . Taut N=beraT 0WIMLDIXr OfMC{a I rosun=,1Yr(Nome1d The"all OwWadmof-luet sm}mcdaoalldomaficandieSrnen30na 1.replxced md0,Themmdmamixkma}typt"Ift PiaeasLioed try Sandra RaaixM a Port O1Gen Ratxi.lr,/Enptiryaj (o tk reeafxranetirn o!xan pt6bk de,vrmab under R<ptm Mail ui+ee rerorut+netio.irnoianoe ix SSOAM Per p ca anbjee to a limit If per o"une a.7he.atantkifdm itdettt0ity payabk rn Er0tc13Mai:M tthvtddt g SIM. _ - _ 7Ae maavmum indcmni:y p1}oble is$7$.0)O lar agi1'arvi MO,;tcnt witt,*iml}nsWVM Sa Domenic Mai Mmual TOM 3913 V4 5911.1@ UnIttadot6 olmrnge, Forml3877 Facsimile Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowiez@phelanhallinan.com 215-563-7000 CITIMORTGAGE, INC. • Court of Common Pleas • Plaintiff • Civil Division • V. • CUMBERLAND Co} ' ` JENNIFER L. OSBORN " ,, • No.: 11-2784-CIVIL - Defendant • r`-0. PLAINTIFF'S MOTION TO REASSESS DAMAGES c-' Plaintiff, by its Attorneys, Phelan Hallinan, LLP,moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on March 8, 2011. 2. Judgment was entered on May 12, 2011 in the amount of$86,670.97. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit"A". 3. Plaintiff filed a prior Motion to Reassess Damages, which was granted by Order filed November 30, 2011, amending the judgment amount to $94,401.84. A true and correct copy of the Order is attached hereto, made part hereof, and marked as Exhibit `B". 4. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1),a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item 754314 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. 5. The Property is listed for Sheriffs Sale on December 4, 2013. 6. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $82,952.43 Interest Through December 4, 2013 $12,951.32 Late Charges $67.24 Legal fees $2,050.00 Cost of Suit and Title $1,854.05 Sheriffs Sale Costs $803.62 Property Inspections $418.50 Property Preservation $479.64 Mortgage Insurance Premium/Private Mortgage Insurance $1,190.31 Escrow Deficit $12,723.56 Suspense/Misc. Credits ($18.00) TOTAL $115,472.67 7. Plaintiff paid the following in taxes and insurance during the time the loan was in default: 8/17/2010 SCHOOL TAX $578.25 2/18/2011 HAZARD INSURANCE $2,033.00 4/12/2011 CITY TAX $343.91 8/10/2011 SCHOOL TAX $1,059.53 12/15/2011 HAZARD INSURANCE $2,033.00 4/3/2012 CITY TAX $343.91 7/31/2012 ESCROW ADVANCE $2,016.35 8/16/2012 SCHOOL TAX $1,205.81 12/14/2012 HAZARD INSURANCE $1,499.00 7/1/2013 CITY TAX $370.15 8/1/2013 SCHOOL TAX $1,240.65 TOTAL $12,723.56 754314 8. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 9. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 10. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 11. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on September 17, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 12. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Thomas A. Placey entered an order to Set Aside Sheriff's Sale dated June 22,2012 . WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP DATE: 0 3 By: ... . 4 Jon. . M. ' ' owicz, Esquire AT 4 RNEY FOR PLAINTIFF 754314 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 CITIMORTGAGE, INC. : Court of Common Pleas Plaintiff Civil Division v. CUMBERLAND County JENNIFER L. OSBORN No.: 11-2784-CIVIL-TERM • Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES L BACKGROUND OF CASE JENNIFER L. OSBORN executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 1507 SECOND STREET, ENOLA, PA 17025. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are 754314 outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa.Nat. Bank,445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, 754314 Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action,the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). 754314 However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 754314 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiffs recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner,the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 754314 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 754314 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. 754314 Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage,then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP G /6/1 DATE: G //3 By: A■ __ Jona�r M. Etkowicz, Esquire Atto • ey for Plaintiff 754314 Exhibit "A" 754314 3 C E �, �` i �ini0�E%, ��� Vn 10•tie; ,. 1 I' w t 1-11s) 11.VPS tHIAS ATTORNEY FILE COPY PLEASE RETURN Phelan Hallinan& Schmieg,LLP By: Lawrence T. Phelan, Esq.,Id. No. 32227 Attorney for Plaintiff Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani,Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas,Esq.,Id.No. 93337 Vivek Srivastava,Esq.,Id.No. 202331 Jay B. Jones,Esq.,Id.No. 86657 � '�- c� i Peter J. Mulcahy,Esq., Id.No. 61791 LE 4 I4 Andrew L. Spivack,Esq., Id. No. 84439 Chrisovalante P.Fliakos, Esq., Id.No. 94620 Joshua I. Goldman,Esq.,Id.No. 205047 Courtenay R.Dunn,Esq., Id. No. 206779 Andrew C. Bramblett,Esq., Id.No. 208375 Allison F. Wells,Esq., Id. No. 309519 William E. Miller,Esq., Id. No. 308951 Melissa J. Scheiner,Esq.,Id. No. 308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 CITIMORTGAGE,INC. : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS JENNIFER L.OSBORN : CIVIL DIVISION : No. 11-2784-CIVIL-TERM 260481 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JENNIF.rR L. OSBORN, Defendant(s)for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises,and assess Plaintiff's damages as follows: As set forth in Complaint $85,351.69 Interest-01/02/2011 to 05/10/2011 $1,319.28 TOTAL $86,670.97 I hereby certify that(1)the Defendant's last known addresses are 506 WEST CUMBERLAND ROAD, ENOLA,PA 17025-2513 and the mortgaged premises 507 SECOND STREET, ENOLA, PA 17025-3117, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Al s �lli� Ii11L' 11 Date 1 II Law ence T.Ph-lan, sq.,Id.No. 32227 ❑Fr ncis 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 ❑Sheetal R. Shah-Jani,Esq.,Id.No. 81760 ❑Jenine R.Davey,Esq.,Id.No. 87077 ❑Lauren R.Tabas,Esq.,Id.No. 93337 ❑Vivek Srivastava,Esq.,Id.No.202331 ❑Jay B.Jones,Esq.,Id.No.86657 ❑Peter J.Mulcahy,Esq.,Id.No.61791 ❑Andrew L.Spivack,Esq.,Id.No. 84439 ❑Chrisovalante P.Fliakos,Esq.,Id.No.94620 ❑Joshua I.Goldman,Esq.,Id.No.205047 ❑Courtenay R.Dunn,Esq.,Id.No.206779 ❑Andrew C.Bramblett,Esq.,Id.No.208375 ❑Allison F.Wells,Esq.,Id.No.309519 ❑William E.Miller,Esq.,Id.No.308951 ❑Melissa J. Scheirer,Esq.,Id.No.308912 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 5'1).-1 1 . .- /1-/(----- PI-IS 4 260481 PROTHONOTARY 260481 Exhibit "B" 754314 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA CITIMORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County • JENNIFER L. OSBORN Defendant No.: 11-2784-CIVIL-TERM ORDER AND NOW,this o13rcl day oft , 2011,upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED,that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $82,952.43 Interest Through December 7,2011 $5,038.48 Per Diem$10.23 Late Charges $67.24 Legal fees $1,300.Qq Cost of Suit and Title $885.We -= —+ Property Inspections $16/•f' . r r- Suspense/Misc. Credits ($18 Escrow Deficit $4 ,014 '. a -4 TOTAL $94,4014 o ca 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 THE COURT: / 1J. 1i0t°.52.11 ota-e■IK. J. 260481 Exhibit "C" 754314 • PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia,PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania September 17,2013 JENNIFER L. OSBORN 1507 SECOND STREET ENOLA,PA 17025 RE: CITIMORTGAGE, INC.v. JENNIFER L. OSBORN Premises Address: 1507 SECOND STREET ENOLA,PA 17025 CUMBERLAND County CCP,No. 11-2784-CIVIL-TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment. Please respond to me within 5 days,by 9/23/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. V trul ours, ;'o au . Etkowicz,Esq.,Id.No.208786 A+�,4 rney for Plaintiff Enclosure 754314 • hs. Name and PhelanHallinan,LLP X.2', h o Address M. 1417‘.iFk Boulevard,Suite 1400 Of Sender One Penn Center Plaza 0-k.Philadelphia,.PA 19103 .. KVM --� Chi Line Artick Number `Name of Addressee,Street.and Post Trice Address Postage � 8 w I **** JENNIFER L OSBORN SOAb r 40 1507 SECOND STREET . . s �, ° ENOLA,PA 17025 3 �t ; m 2 **** JENNIFER L.OSBORN $0.46 RRR o a-rtio 506 WEST CUMBERLAND ROAD i ,,r„o ENOLA,PA 17025-2513 ,..4. ..a:. RE:JENNIFER L.OSBORN(CUMBERLAND) PH#754314/1200 Page I of I $0.92 .•Y. rout Nueeber of Toad N giber of Picas Postmurcr,Pe aac of The fell deciusdmi orcatee ;t`Tx F4 •- 2'ieoos t iitod by Semler Retorted r Post t)rficc Rcccivia m domestic mole Ma sal registered mad The ma s py* fa the rewnwpctiee of amar otuMe documents eider Express Mal&cement rauwFtnWiart a . 'y' °, piece subject to i limn of 5300,000 per oceiurenca The madames iedemnfy payable am E�ess . ,. ;}' r,.' The maximum Wembley payable isS23.000 hr repeated mud,sera ma h opional lemma Sr R9i10 S9l3 and 5921 for 9mibmiens ofmacreye. Form 3877 Facsimile sp f 0. i 7.54 11 4 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 CITIMORTGAGE, INC. • Court of Common Pleas Plaintiff : Civil Division v. . • CUMBERLAND County JENNIFER L. OSBORN . • No.: 11-2784-CIVIL-TERM Defendant : CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. JENNIFER L. OSBORN JENNIFER L. OSBORN 1507 SECOND STREET 506 WEST CUMBERLAND ROAD ENOLA, PA 17025 ENOLA, PA 17025-2513 Phelan Hallinan,L DATE: q • By: �` ar Jo ir M. t kowicz, Esquire A I EY FOR PLAINTIFF 754314 CITIMORTGAGE, INC., UD�' ; t.111 I i u Plaintiff I+vs „f � 11, ,x,::, . . v. IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT JENNIFER L. OSBORN, ' Defendant 2011-02784 CIVIL TERM IN RE: PLAINTIFF'S MOTION TO REASSESS DAMAGES —A_ ORDER OF COURT, AND NOW, this I day of October 2013, upon consideration of Plaintiff's Motion to Reassess Damages, a RULE is issued upon Defendant to show cause why the relief requested should not be granted. PLAINTIFF shall effectuate service of this Order of Court upon Defendant. RULE RETURNABLE twenty (20) days from the date of service. BY THE COURT Thomas A. Placey C.P.J. Distribution List: nathan M. Etkowicz, Esq. t7 Jennifer Osborn COF f / C."t. r c-) ; a I 16/211 3 ".<> r-Y) > te sv =� I • i LIiF IL =E PROTHONOTAi 2013 OCT -9 AM 9: 59 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 CITIMORTGAGE, INC. • Court of Common Pleas Plaintiff • Civil Division vs. • CUMBERLAND County JENNIFER L. OSBORN • No.: 11-2784-CIVIL-TERM Defendant • CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 2, 2013 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. JENNIFER L. OSBORN JENNIFER L. OSBORN 1507 SECOND STREET 506 WEST CUMBERLAND ROAD ENOLA, PA 17025 ENOLA, PA 17025-2513 // Phelan Hallinan, P DATE: 0/gl/3 By: '` J n F. obeski, Esq., Id.No.200392 •ttorney for Plaintiff 754314 f P,L? f,!uh ) Jt:.. ''f`MOF RLA? O COUNTY PENNSYLVANIA Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id.No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 CITIMORTGAGE, INC. • Court of Common Pleas Plaintiff • Civil Division vs. • • CUMBERLAND County JENNIFER L. OSBORN • No.: 11-2784-CIVIL-TERM Defendant MOTION TO MAKE RULE ABSOLUTE CITIMORTGAGE, INC., by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on September 26, 2013. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on September 17, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 754314 .$ 3. A Rule was issued by the Honorable Thomas A. Placey on October 2, 2013 directing the Defendant to show cause by October 28, 2013 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on October 8, 2013 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of October 28, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs Motion to Reassess Damages. Phelan - 1.11i . , LLP 1 DATE: ` I 12 ?3 By: 4/j/AmmiL`/ Jona . Etkowicz,Esq., Id.No.208786 Atto ,,ey for Plaintiff 754314 Exhibit "A" 754314 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania September 17, 2013 JENNIFER L. OSBORN 1507 SECOND STREET ENOLA,PA 17025 RE: CITIMORTGAGE, INC.v. JENNIFER L. OSBORN Premises Address: 1507 SECOND STREET ENOLA,PA 17025 CUMBERLAND County CCP,No. 11-2784-CIVIL-TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment.Please respond to me within 5 days,by 9/23/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. V y trot ours, o . an .Etkowicz,Esq.,Id.No.208786 A i,+rney for Plaintiff Enclosure 754314 `'. Name and Phelan Hallman,LLP � �;� o n - Q o .. Address 1617 SFR Boulevard,Suite 1400 N •:.'. Of Sender One Penn Center Plaza < PhiladtlphtayP�ll91ff3 �s.: n ;. Line Article Number�Name of Addressee.Street,sad Post{}tiictAddress Postage NI 8 u.., * 1 .... JENNIFER L.OSBORN 50.46 i 40► s 1513'7 SECOND STREET ', — i z ENOLA,PA 17025. tl ; n 1 2 *..* JENNIFER L.OSBORN $0.16 : 506 WEST CUMBERLAND ROAD av v r ENOLA,PA 17023-2513 �" " r i RE:JENNIFER L,OSBORN(CUMBERLAND) PR#754314/1200 Palle 1 or 1 50.92 *` : TOW Number of Taal Istamber of Pi o= Poormater.Per'Nana of The a *doom cm of rslac.monied m atl domestic tad iercrnetonsl rcpnaed mall.The ma t.c. S.. ii Pi.oa Listed by Sender ueeaied Y Pon ofa 8«tiviu Emsllyeel far*6oeooPOIlaaeov.of ume o be tlosinoccits nodes Express Mal doe.nsesa reconstruction o �. '< pieta a�jeci to a> of 5500,000 prr coctrr®R The maoms mdcaoity prysble m Eau, .�.. N A The I it 3c oby P7stik is$25 OW%r reitutentcl m311,sew WW1 optional rnrsrTCC So It90034i 3 red 5921 for leen:w.o.of tnvuaac *.:' Farm 3877 Facsimile • si`.'• ' fix" • i t.:! tjt. ; . 754314 - - CITIMORTGAGE, INC., t 101 1,f:,11b4 Plaintiff fAr' V. IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT JENNIFER L. OSBORN, Defendant 2011-02784 CIVIL TERM IN RE: PLAINTIFF'S MOTION TO REASSESS DAMAGES ORDER OF COURT AND NOW, this 1 day of October 2013, upon consideration of Plaintiff's Motion to Reassess Damages, a RULE is issued upon Defendant to show cause why the relief requested should not be granted. PLAINTIFF shall effectuate service of this Order of Court upon Defendant. RULE RETURNABLE twenty (20) days from the date of service. BY THE COURT Thomas A. Placey C.P.J. Distribution List: Jonathan M. Etkowicz, Esq Jennifer Osborn <C , 7.7 - - Exhibit "B" 754314 rn .� ri � y -C rl am Phelan Hallinan, LLP Justin F. Kobeski,Esq., Id. No.200392 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 CITIMORTGAGE, INC. Court of Common Pleas Plaintiff a Civil Division vs. CUMBERLAND County JENNIFER L. OSBORN No.: 11-2784-CIVIL-TERM Defendant w� CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 2,2013 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. JENNIFER L. OSBORN JENNIFER L. OSBORN 1507 SECOND STREET 506 WEST CUMBERLAND ROAD ENOLA,PA 17025 ENOLA,PA 17025-2513 Phelan Hallinan, .: DATE: /, 3 By: J t `tl F. obeski,Esq.,Id.No.200392 ttorncy for Plaintiff 754314 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 CITIMORTGAGE, INC. • Court of Common Pleas Plaintiff • • Civil Division • vs. • CUMBERLAND County • JENNIFER L. OSBORN • No.: 11-2784-CIVIL-TERM • Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. JENNIFER L. OSBORN JENNIFER L. OSBORN 1507 SECOND STREET 506 WEST CUMBERLAND ROAD ENOLA, PA 17025 ENOLA, PA 17025-2513 P• an all',# LP/ Ad I DATE: 1 (2.1(13 By: _ammIll • Joan M. Etkowicz,Esq., Id.No.208786 Attorney for Plaintiff 754314 • rn tD r' rr, T;jn Cdr- ry it r. K� C IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA CITIMORTGAGE, INC. • Court of Common Pleas Plaintiff • Civil Division vs. • • CUMBERLAND County JENNIFER L. OSBORN • • No.: 11-2784-CIVIL-TERM Defendant • AA ORDE AND NOW, this \ ay of , 2013, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $82,952.43 Interest Through December 7, 2011 $5,038.48 Per Diem $10.23 Late Charges $67.24 Legal fees $1,300.00 Cost of Suit and Title $885.00 Property Inspections $162.00 Escrow Deficit $4,014.69 Suspense/Misc. Credits ($18.00) TOTAL $94,401.84 754314 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. B JOURT: J. Thomas Commok .,edge 4J •ies i<«. J . Qsjo ////S/i3 754314 (; 1: 13 fir) 711/t i Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 CITIMORTGAGE, INC. • Court of Common Pleas Plaintiff • • Civil Division • v. CUMBERLAND County • JENNIFER L. OSBORN • No.: 11-2784-CIVIL-TERM • Defendant MOTION TO AMEND ORDER DATED NOVEMBER 18,2013 AND NOW COMES Plaintiff, Citimortgage, INC. (hereinafter"Plaintiff"), by and through its attorneys,Phelan Hallinan, LLP, and hereby files its Motion to Amend Order Dated November 18,2013, and in support thereof avers as follows: 1. On September 26, 2013, Plaintiff filed with this Court a Motion to Reassess Damages in the above-captioned matter. A true and correct copy of the Motion to Reassess is attached hereto,made part hereof,and marked as Exhibit"A." Ph#754314 2. On October 1, 2013 this Honorable Court issued a rule returnable giving defendant 20 days from date of service to respond. Plaintiff served the rule returnable on the defendant via first class mail on October 8, 2013. True and correct copies of the Rule and Certificate of service are attached hereto,made a part hereof and marked as Exhibit"B." 3. No response was filed by Defendant. 4. On November 12, 2013 Plaintiff filed a Motion to Make Rule Absolute with the court. A true and correct of the motion is attached hereto,made part hereof and marked as Exhibit «C» 5. The dollar amounts included in the proposed order attached to the Motion to Make Rule Absolute were incorrect, as they were from Plaintiff's 2011 Motion to Reassess. 6. On November 18, 2013 this Honorable Court granted Plaintiff's Motion to Make Rule Absolute containing the incorrect dollar amounts. A true and correct copy of the Order is attached hereto, made part hereof, and marked as Exhibit"D". 7. Therefore, Plaintiff respectfully requests that this Honorable Court to enter an Amended Order correcting the figures to match those in Plaintiff's September 26, 2013 Motion to Reassess Damages. WHEREFORE, Plaintiff respectfully requests that the Court enter an Amended Order containing the correct amounts due. PHEL.41 - • LL% •N, LP DATE: UV L3 BY: Jo•.than ► . Et +wicz,Esquire A I TO' I EY FOR PLAINTIFF Ph#754314 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 CITIMORTGAGE, INC. • Court of Common Pleas • Plaintiff • Civil Division • v. • • CUMBERLAND County • JENNIFER L. OSBORN • No.: 11-2784-CIVIL-TERM • Defendant PLAINTIFF'S BRIEF IN SUPPORT OF ITS MOTION TO AMENDED ORDER DATED NOVEMBER 18,2013 AND NOW COMES Plaintiff, Citimortgage, Inc. (hereinafter"Plaintiff'), by and through its attorneys,Phelan Hallinan, LLP,and hereby files its Motion to Amend Order Dated November 18,2013, and in support thereof avers as follows: On September 26, 2013, Plaintiff filed with this Court a Motion to Reassess Damages in the above-captioned matter. On October 1,2013 this Honorable Court issued a rule returnable giving defendant 20 days from date of service to respond. Plaintiff served the rule returnable on the defendant via first class mail on October 8, 2013. Defendant did not respond. Ph#754314 On November 12,2013 Plaintiff filed a Motion to Make Rule Absolute with the Court. On November 18, 2013 this Honorable Court granted Plaintiffs Motion to Make Rule Absolute. The dollar amounts included in the proposed order attached to the Motion to Make Rule Absolute were incorrect, as they were from Plaintiffs 2011 Motion to Reassess. On November 18,2013 this Honorable Court granted Plaintiff's Motion to Make Rule Absolute containing the incorrect dollar amounts. Therefore,Plaintiff respectfully requests that this Honorable Court to enter an Amended Order correcting the figures to match those in Plaintiff's September 26, 2013 Motion to Reassess Damages. WHEREFORE, Plaintiff respectfully requests that the Court enter an Amended Order containing the correct amounts due. PHE i , A AN, LL' DATE: I3 BY: /` M. Etkowicz,Esquire •RNEY FOR PLAINTIFF Ph#754314 Exhibit "A" I PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia,PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania September 26,2013 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle,PA 17013 RE: CITIMORTGAGE, INC. v. JENNIFER L. OSBORN CUMBERLAND County CCP,No. 11-2784-CIVIL-TERM Dear Sir or Madam: Enclosed for filing please find Motion to Reassess Damages,Brief in Support thereof, and Certification of Service with regard to the above captioned matter. Kindly return a time-stamped copy of the enclosed in the self-addressed stamped envelope provided for your convenience. V ry Ind 1 'ou , Of than M. Etkowicz,Esq.,Id.No.208786 orney for Plaintiff Enclosure cc: JENNIFER L. OSBORN 754314 1 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania September 26,2013 JENNIFER L. OSBORN 1507 SECOND STREET ENOLA,PA 17025 RE: CITIMORTGAGE, INC. v. JENNIFER L. OSBORN Premises Address: 1507 SECOND STREET ENOLA, PA 17025 CUMBERLAND County CCP,No. 11-2784-CIVIL-TERM Dear Defendant, Enclosed please find Plaintiffs Motion to Reassess Damages,Memorandum of Law in Support thereof, and Certification of Service relative to the above referenced matter that were filed with the Office of the Prothonotary of Cumberland. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. V tru i'yours,il c an EtkowicL,Esq.,Id.No.208786 At ey for Plaintiff THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT.ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. 754314 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CITIMORTGAGE, INC. • Court of Common Pleas • Plaintiff • Civil Division v. CUMBERLAND County JENNIFER L. OSBORN • No.: 11-2784-CIVIL-TERM • Defendant RULE AND NOW,this day of 2013, a Rule is entered upon.the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court,Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT J. 754314 1 Jonathan M.Etkowicz,Esq.,Id.No.208786 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215) 563-3459 JENNIFER L. OSBORN JENNIFER L. OSBORN 1507 SECOND STREET 506 WEST CUMBERLAND ROAD ENOLA,PA 17025 ENOLA,PA 17025-2513 754314 754314 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA CITIMORTGAGE, INC. Court of Common Pleas Plaintiff • Civil.Division v. • • CUMBERLAND County JENNIFER L. OSBORN • No.: 11-2784-CIVIL-TERM Defendant ORDER AND NOW, this day of , 2013 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tune in this case as follows: Principal Balance $82,952.43 Interest Through December 4,2013 $12,951.32 Late Charges $67.24 Legal fees $2,050.00 Cost of Suit and Title $1,854.05 Sheriffs Sale Costs $803.62 Property Inspections $418.50 Property Preservation $479.64 Mortgage Insurance Premium/Private Mortgage Insurance $1,190.31 Escrow Deficit $12,723.56 Suspense/Misc. Credits ($18.00) TOTAL $115,472.67 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT J. 754314 cc: JENNIFER L. OSBORN Jonathan M. Etkowicz,Esq.,Id.No.208786 Attorney for Plaintiff Jonathan M.Etkowicz,Esq.,Id.No.208786 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 JENNIFER L. OSBORN JENNIFER L. OSBORN 1507 SECOND STREET 506 WEST CUMBERLAND ROAD ENOLA,PA 17025 ENOLA,PA 17025-2513 754314 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 CITIMORTGAGE, INC. Court of Common Pleas Plaintiff • Civil Division v. • CUMBERLAND County JENNIFER L. OSBORN • No.: 11-2784-CIVIL-TERM Defendant • PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff,by its Attorneys, Phelan Hallinan, LLP,moves the Court to direct the Prothonotary to amend the,judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on March 8, 2011. 2. Judgment was entered on May 12, 2011 in the amount of$86,670.97. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof; and marked as Exhibit"A". 3. Plaintiff filed a prior Motion to Reassess Damages, which was granted by Order filed November 30, 2011, amending the judgment amount to $94,401.84. A true and correct copy of the Order is attached hereto, made part hereof, and marked as Exhibit"B". 4. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1),a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item 754314 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. 5. The Property is listed for Sheriffs Sale on December 4, 2013. 6. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $82,952.43 Interest Through December 4,2013 $12,951.32 Late Charges $67.24 Legal fees $2,050.00 Cost of Suit and Title $1,854.05 Sheriffs Sale Costs $803.62 Property Inspections $418.50 Property Preservation $479.64 Mortgage Insurance Premium/Private Mortgage Insurance $1,190.31 Escrow Deficit $12,723.56 Suspense/Misc. Credits ($18.00) TOTAL $115,472.67 7. Plaintiff paid the following in taxes and insurance during the time the loan was in default: 8/17/2010 SCHOOL TAX $578.25 2/18/2011 HAZARD INSURANCE $2,033.00 4/12/2011 CITY TAX $343.91 8/10/2011 SCHOOL TAX $1,059.53 12/15/2011 HAZARD INSURANCE $2,033.00 4/3/2012 CITY TAX $343.91 7/31/2012 ESCROW ADVANCE $2,016.35 8/16/2012 SCHOOL TAX $1,205.81 12/14/2012 HAZARD INSURANCE $1,499.00 7/1/2013 CITY TAX $370.15 8/1/2013 SCHOOL TAX $1,240.65 TOTAL $12,723.56 754314 1 8. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 9. Under the terms of the Mortgage and Pennsylvania law,Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 10. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief 11. In accordance with Cumberland County Local Rule 208.3(9),Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on September 17, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9)and certification of mailing are attached hereto,made part hereof, and marked as Exhibit"C". 12. In compliance with Cumberland County Local Rule 209.3(a)(2),Plaintiff avers that Judge Thomas A. Placey entered an order to Set Aside Sheriffs Sale dated June 22,2012 . WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP DATE: r _._ /y43 By:......:- , Jon , M. owicz,Esquire AT RNEY FOR PLAINTIFF 754314 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id.No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 CIT(MORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division v. CUMBERLAND County • JENNIFER L. OSBORN No.: 11-2784-CIVIL-TERM Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE JENNIFER L. OSBORN executed a Promissory Note agreeing to pay principal, interest, late charges,real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 1507 SECOND STREET, ENOLA, PA 17025. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case,Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly,after it was clear that the default would not be cured,Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court,and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are 754314 outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. IL LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v.Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24(Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp.v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl,705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli,407 Pa.Super. 171, 595 A.2d 179(1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa.Nat.Bank,445 Pa. 117,282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid,Plaintiff must protect its collateral up until the date of sale. Beckman v.Altoona Trust Co.,332 Pa. 545,2 A.2d 826(1939). Because a judgment in mortgage foreclosure is strictly in rem,it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Bums,414 Pa. 495,200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment,and if there is competitive bidding for the Property, 754314 Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich,the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case,the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel,424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266,270(1978). Pennsylvania Rule of Civil Procedure 1141(a). 754314 I However,Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser,Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically,interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested,and.Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire,Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly,the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 754314 I VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records,title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint,filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865);First Federal Savings and Loan Association v. Street Road Shopping Center,68 D&C 2d 751,755 (1974). In Federal Land Bank of Baltimore v. Fetner,the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344(Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v.Morrisville Hampton Realty, 662 A.2d 1120(Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 754314 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced(which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders,owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly,the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety,which will not cause harm to the Defendants. 754314 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage,the lender may do, or pay for,whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default,the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut,or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises,then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows,winterizing,removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as"property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. 754314 Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore,Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage,then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP fir'k 3 DATE: _.. _ BYE Jona M.Etkowicz,Esquire Alto ey for Plaintiff 754314 • Exhibit "A" 754314 Cu 1BER 5 p„t\ � ATTORNEY FILE COPY PLEASE RETURN Phelan Hallinan&Schmieg,LLP By: Lawrence T.Phelan,Esq.,Id.No.32227 Attorney for Plaintiff Francis S.Hallinan,Esq., Id.No. 62695 Daniel G. Schmieg,Esq.,Id.No. 62205 Michele M.Bradford, Esq.,Id.No. 69849 Judith T.Romano,Esq.,Id.No. 58745 Sheetal R. Shah-Jam,Esq.,Id,No. 81760 Jenine R.Davey,Esq., Id.No. 87077 Lauren R.Tabas,Esq., Id. No. 93337 Vivek Srivastava,Esq.,Id.No. 202331 fit . Jay B.Jones, Esq.,Id.No. 86657 v fOR14Ei r����,_t t' Peter J.Mulcahy,Esq.,Id.No. 61791 PLEA Andrew L.Spivack,Esq., Id.No. 84439 Chrisovalante P.Fliakos,Esq., Id.No. 94620 Joshua I.Goldman,Esq.,Id.No.205047 Courtenay R.Dunn,Esq.,Id.No.206779 Andrew C.Bramblett,Esq.,Id. No.208375 Allison F.Wells,Esq.,Id.No. 309519 William E.Miller,Esq.,Id. No. 308951 Melissa J.Schemer,Esq., Id.No. 308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 CITIMORTGAGE,INC. : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS JENNIFER L. OSBORN : CIVIL DIVISION No. 11-2784-CIVIL-TERM 260481 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JENNIFER L. OSBORN, Defendant(s)for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises,and assess Plaintiffs damages as follows: As set forth in Complaint $85,351.69 Interest-01/02/2011 to 05/10/2011 $1,319.28 TOTAL $86,670.97 I hereby certify that(1)the Defendant's last known addresses are 506 WEST CUMBERLAND ROAD,ENOLA,PA 17025-2513 and the mortgaged premises 507 SECOND STREET,ENOLA,PA 17025-3117, and(2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. . 4 .... �lfr ta. Date .. __...._ r La ence T.Ph-lan, sq.,Id.No.32227 []Fr=neis S.I-lallinan,Esq.,Id.No.62695 [] ar}iei G.Scbmieg,Esq.,Id.No.62205 M Michele M.Bradford,Esq.,Id,No.69849 Ei Judith T.Romano,Esq.,Id.N .58745 D 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 El Jay B.Jones,Esc/.,Id.No.86657 [j Peter J.Mulcahy,Esq.,Id.No.61791 Q Andrew L.Spivack,Esq.,Id.No. 84439 ❑Chrisovalante P.1''liakos,Esq.,Id.No.94620 ❑Joshua I.Goldman,Esq.,Id.No.205047 Courtenay R.Dunn,Esq.,Id.No.206779 0 Andrew C.Bramblett,Esq.,Id.No.208375 ( Allison F.Wells,Esq.,Id.No.309519 [)William E.Miller,Esq.,Id.No.308951 0 Melissa J.Schemer,Esq.,Id.No.308912 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: / P}IS 426048; PROTHONOTARY 260481 • Exhibit "B" 754314 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA CITIMORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County JENNIFER L. OSBORN Defendant No.: 11-2784-CIVIL-TERM ORDER AND NOW,this A3"ci day of Slav ,2011,upon consideration of Plaintiffs Motion to Make Rule Absolute,it is hereby ORDERED and DECREED,that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tune as follows: Principal Balance $82,952.43 Interest Through December 7,2011 $5,038.48 Per Diem$10.23 Late Charges $67.24 Legal fees $1,300.0 Cost of Suit and Title $885, z, `-= —+ Property Inspections $16 6 01 F Suspense/Misc. Credits ($18 :.4R» .c o Escrow Deficit ° �-4 xi. oTn TOTAL $94,401 ' 6T-2- . Plus interest from December 7,2011 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriff's commission is not included in the above figure. BY THE COURT: J. 260481 Exhibit "C" 754314 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia,PA 19103 (215)563-7000 FAX#: (215)563-3459 Phelan Hallinan,LLP Representing Lenders in Pennsylvania September 17,2013 JENNIFER L. OSBORN 1507 SECOND STREET ENOLA,PA 17025 RE:. CITIMOR'I'GAGE,INC.v.JENNIFER L. OSBORN Premises Address: 1507 SECOND STREET ENOLA,PA 17025 CUMBERLAND County CCP,No. 11-2784-CIVIL-TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment,Please respond to me within 5 days,by 9/23/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. V ry trul ours, Jo r t Ian\ , l::tkdwicz,Esq.,Id.No.208786 A oney for Plaintiff Enclosure 754314 • •. _____. _ , 9 T i Nome and Phe1.At1_1.10.14.wb L1.9 o •, Add ants . 1617 7F1Z..Rauavatd,Suit*1400 Of Baader ` Qne Pam Catttcr Piaxti I ° 'Oe:'ft,R•t'biledelphiii,PA 19!'3. �- KYM ,„�_.^."�°.Line .!rack Number Name of Addraue;•Stted,a*d part OlEcs Address Postage 1 ”" . 'JENNIFER 1:O$BORN 56.46 i 1507 SEE .; 7tE7 t •ENO AiPA 17415 :. �' Sn.4b •.e4t ) 2 •s•. ..JEMNI R'taOS.44 1N•. ;.€i 506�WEST:CUMEERi1 AND ROAD. +,,c+, " ' ENOLAj PA 170254513' .. ., ' , . a: ° 1 a" RE:JENNIFER L OSBORN(CUMBERLAND) PH M 754314/1200. ..Page 1 of 1 •50.92 •47,4111. 2.-.`.J.4 tail Waive of S!W tkn3n s!`P$ta ,3h*Waal of •Le t41***aria•(•• u MOW o!IN du.a%4 mid ASP Mall t mt- - + "''44.., Pima I 4 b,k.d.• Raei.xd ai TOO tTiSts %gtanvi 3 pkywl, ter M t .fl re hii.114etresigabM rewx+.+q%Ow R4 t St. •.,*hry'�- : 1 .! prittMJttt b*Irak0$5G0,009pa vnalat.no etbtitiuni.lbMwh'ky pty+.i Etyma " w:a: . • .. .` ;:; The eea•iaaa ivinimr pork a 321.0110 kr etiPias4 iabi10n i w5*6064.1,.avow s! ..•. 1- ,A9CA S903.d S910 k•bpeLataq or'I 1f._ ...!Forni3877,F0ealmile . ,34 r A a . i. 1 • a. • ,',''. .: .,.•..1:.2.:"...• ' ' .':..,::'.. Ott x`... 14.] g: , ... .:•,', .' i f ,.'.1:ii* • • • • ":•• • :". ."•.• ' ' , t E , 754314 y Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 CITIMORTGAGE, INC. Court of Common Pleas Plaintiff . • . Civil Division v. • . CUMBERLAND County JENNIFER L. OSBORN : • No.: 11-2784-CIVIL-TERM Defendant . CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof,were sent to the following individual on the date indicated below. JENNIFER L. OSBORN JENNIFER L. OSBORN 1507 SECOND STREET 506 WEST CUMBERLAND ROAD ENOLA, PA 17025 ENOLA,PA 17025-2513 Phelan.Hallinan,l. AT DATE: By: . iir - , ' Joi tha M. •tkowicz,Esquire Ali 0 NEY FOR PLAINTIFF 754314 Exhibit "B" CITIMORTGAGE, INC., „An yr 0140enlIA itta W Plaintiff (10111/1'.41"" VA3.44 v. IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT JENNIFER L. OSBORN, Defendant 2011-02784 CIVIL TERM IN RE: PLAINTIFF'S MOTION TO REASSESS DAMAGES ORDER OF COURT 4"-- AND NOW, this I day of October 2013, upon consideration of Plaintiffs Motion to Reassess Damages, a RULE is issued upon Defendant to show cause why the relief requested should not be granted. PLAINTIFF shall effectuate service of this Order of Court upon Defendant, RULE RETURNABLE twenty (20) days from the date of service. BY THE COURT Thomas A. Placey C.P.J. Distribution List: Jonathan M. Etkowicz, Esq Jennifer Osborn Fr- c°) - 4 • _ c-, " -, . :°n -: ,r: Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 CITIMORTGAGE,INC. Court of Common Pleas Plaintiff - ' Civil Division • vs. CUMBERLAND County JENNIFER L. OSBORN No.: 11-2784-CIVIL-TERM Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 2,2013 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. JENNIFER L. OSBORN JENNIFER L. OSBORN 1507 SECOND STREET 506 WEST CUMBERLAND ROAD ENOLA,PA 17025 ENOLA,PA 17025-2513 Phelan Hallinan, 1. 1' DATE: Of f ^- By: F. Lubeski,Esq.,Id.No.200392 f( for Plaintiff 754314 Exhibit "C" Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathametkowicz@phelanhallinan.com 215-563-7000 FAX#: 215-568-7616 Phelan Hallinan, LLP Representing Lenders in Pennsylvania November) 2013 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle,PA 17013 RE: CITIMORTGAGE, INC. vs.JENNIFER L. OSBORN CUMBERLAND County CCP,No. 11-2784-CIVIL-TERM Dear Sir/Madam: Enclosed please find a Motion to Make Rule Absolute, and Certification of Service with regard to the above referenced action. Please file same with the Court and return the time-stamped in the enclosed self-addressed envelope. If you have any questions,please do not hesitate to contact me. v ly roc�rs, f cm at an Etkowicz,Esq.,Id.No.208786 R •ney for Plaintiff Enclosure cc: JENNIFER L. OSBORN 754314 . f Phelan Hallinan,LLP Jonathan M. Etkowicz, Esq., Id.No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 CITIMORTGAGE,INC. Court of Common Pleas Plaintiff Civil Division • vs. CUMBERLAND County • JENNIFER L. OSBORN • No.: 11-2784-CIVIL-TERM Defendant MOTION TO MAKE RULE ABSOLUTE CITIMORTGAGE, INC.,by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on September 26,2013. 2. In accordance with Cumberland County Local Rule 208.3(9),Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on September 17,2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto,made part hereof, and marked as Exhibit A. 754314 3. A Rule was issued by the Honorable Thomas A. Placey on October 2,2013 directing the Defendant to show cause by October 28, 2013 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto,made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on October 8, 2013 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto,made part hereof, and marked Exhibit C. 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of October 28,2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan <lliiv n, LLP f 11,1)3 . 1 DATE: ' l By: a A,.,, Jong n .Etkow cz,Esq., Id.No.208786 Att., .ey for Plaintiff 754314 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA CITIMORTGAGE, INC. : Court of Common Pleas • Plaintiff • Civil Division • vs. • CUMBERLAND County • JENNIFER L. OSBORN • No.: 11-2784-CIVIL-TERM Defendant ORDER AND NOW,this day of , 2013,upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED,that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $82,952.43 Interest Through December 7,2011 $5,038.48 Per Diem$10.23 Late Charges $67.24 Legal fees $1,300.00 Cost of Suit and Title $885.00 Property Inspections $162.00 Escrow Deficit $4,014.69 Suspense/Misc. Credits ($18.00) TOTAL $94,401.84 754314 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT: J. 754314 Exhibit "A" 754314 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia,PA 19103 (215)563-7000 FAX#: (215)563-3459 Phelan Hallinan,LLP Representing Lenders in Pennsylvania September 17,2013 JENNIFER L. OSBORN 1507 SECOND STREET ENOLA,PA 17025 RE: INC.v.JENNIFER L. OSBORN Premises Address: 1507 SECOND STREET ENOLA,PA 17025 CUMBERLAND County CCP,No. 11-2784-CIVIL-TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment.Please respond to me within 5 days,by 9/23/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. V ry teal ;ours, Jot an ' Etkowicz,Esq.,Id.No.208786 A rney for Plaintiff Enclosure 754314 n 'Marne and Piutan:Heillnan,'LLP. 1,1 , ep 'n s _.' Address 16171FK)iaidiain!„Suite 1400 �'� ( ie7 N Uf Sender Orin Penn tenter f�liim h., d Ph[a4 P t 1e,PA 19103 KM-.-T_____-.-T______-. t • LinArti iot4umt r Nits,g rAddrrueet sleeettreawoat dltke Address PtEUgle ik-.I I •e** JENNIFER L.OSBORN :40.46 44 07 E OLA PA 17023 . !. 2 'o.fo'" JENNIFER 1;,`.OSBOAN $0.46 - Si16 WESTCUMSERLAND ROAD *%'8 '11447 PA'17025-33 3 r; " :J IPBR I..OSRORN(CUMBERLAND) °PII#734314/1200 Pagel or 1 — —'50.92 K, 1r 1' •r«al.ismu4r YowrmnbPstage* h ct)lorispri ltme«�ctt..oSoarmadm �` i1 ,1 UJ LLtatlysaris rMrOtBea (r ara➢rt,Per igaaeol The p,tt eaden+x.cr,siae itrap�ad as d�eix,oe Ytl.mr.:k a+rt}�,�Syo exit Thous - rt� x.ca„q.taret«r+•i "� ter dr•�'ifiei'rwa4M+r,tiowreewwkr$ap�m±hteNdo�lersawrs�aa+a,, � ° , �ti..: , _ rre made.i xpsyl weir(0,000 O w .vat,. It.e 4..34. e• ' � _.Jt90a of y als4)11PorFrJM t y.r,.4,40 — Form 3877 Fuceitiiito ` ': 8 s , ' ., •Poo- A 4 •'a .754314 CITIMORTGAGE, INC., Plaintiff "MN Zt v. IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT JENNIFER L. OSBORN, Defendant 2011-02784 CIVIL TERM IN RE: PLAINTIFF'S MOTION TO REASSESS DAMAGES ORDER OF COURT cik-- AND NOW, this f day of October 2013, upon consideration of Plaintiffs Motion to Reassess Damages, a RULE is issued upon Defendant to show cause why the relief requested should not be granted. PLAINTIFF shall effectuate service of this Order of Court upon Defendant. RULE RETURNABLE twenty (20) days from the date of service. BY THE COURT. Thomas A. Placey Distribution List: Jonathan M. Etkowicz, Esq. Jennifer Osborn rrl C73 ° C 3-> *."- " Exhibit "B" 754314 • rnt c r-l.._ rn —4 r: -< `0 _.{ c)-11 Phelan Hallinan,LLP Justin F. Kobeski,Esq.,Id.No.200392 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 CITIMORTGAGE,INC. Court of Common Pleas Ar Plaintiff ., • Civil Division vs. CUMBERLAND County JENNIFER L. OSBORN No.: 11-2784-CIVIL-TERM 01* .: Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 2,2013 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. JENNIFER L.OSBORN JENNIFER L. OSBORN 1507 SECOND STREET 506 WEST CUMBERLAND ROAD ENOLA,PA 17025 ENOLA,PA 17025-2513 Phelan Hallinan, I 1' DATE: _.....,. ./. . ....,.. By: J//n Fe obeski,Esq.,Id.No.200392 ttorney for Plaintiff 754314 Phelan Hallinan, LLP Jonathan M. Etkowicz,Esq., Id.No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 CITIMORTGAGE, INC. .• Court of Common Pleas Plaintiff • Civil Division • vs. • CUMBERLAND County • JENNIFER L. OSBORN • No.: 11-2784-CIVIL-TERM Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. JENNIFER L. OSBORN JENNIFER L. OSBORN 1507 SECOND STREET 506 WEST CUMBERLAND ROAD ENOLA,PA 17025 ENOLA,PA 17025-2513 I'r al - .all" * LP DATE: -' By: • Jo a an M.Etkowicz,Esq.,Id.No.208786 Attorney for Plaintiff 754314 • 754314/ 1054 JENNIFER L. OSBORN 1507 SECOND STREET ENOLA, PA 17025 754314/ 1054 JENNIFER L. OSBORN 506 WEST CUMBERLAND ROAD ENOLA, PA 17025-2513 EXHIBIT "D" Ph#754314 c9 c a rn V)r r, C7 CD >�: c '�::� IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA CITIMORTGAGE,INC. • Court of Common Pleas Plaintiff • Civil Division vs. • CUMBERLAND County JENNIFER L. OSBORN • • No.: 11-2784-CIVIL-TERM Defendant \AN. ORDE AND NOW,this `S day of ,2013, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED,that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $82,952.43 Interest Through December 7,2011 $5,038.48 Per Diem$10.23 Late Charges $67.24 Legal fees $1,300.00 Cost of Suit and Title $885.00 Property Inspections $162.00 Escrow Deficit $4,014.69 Suspense/Misc. Credits ($18.00) TOTAL $94,401.84 754314 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. B OURT: J. Thomas A Diacey Common fr�tu5 Judge t es r <« J . 0..60,240 /0603 754314 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 CITIMORTGAGE, INC. • Court of Common Pleas • Plaintiff • Civil Division • v. • CUMBERLAND County • JENNIFER L. OSBORN • No.: 11-2784-CIVIL-TERM • Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Motion to Amend Order dated November 18,2013, Brief in support thereof, and Order were served by regular mail on the following on the date indicated below: JENNIFER L. OSBORN JENNIFER L. OSBORN 1507 SECOND STREET 506 WEST CUMBERLAND ROAD ENOLA,PA 17025 ENOLA,PA 17025-2513 DATE: t I ZG /3 BY: , Jo,. • . tkowicz,Esquire A , i ' EY FOR PLAINTIFF Ph#754314 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIF�_, 1617 JFK Boulevard, Suite 1400 C-- One Penn Center Plaza MCQ C.3 =M M Philadelphia, PA 19103 ;:a jonathan.etkowicz@phelanhallinan.com > 215-563-7000 < CITIMORTGAGE, INC. Court of Common Plaintiff X- V. Civil Division JENNIFER L. OSBORN CUMBERLAND County Defendant No.: 11-2784-CIVIL-TERM —AMENDED ORDER AND NOW, this day Qf 2013 upon consideration of Plaintiff's Motion to Amend Order dated November 18, 2013 and brief in support thereof, and upon consideration of the response, if any, filed by Defendant, it is hereby ORDERED and DECREED that Plaintiff's Motion is granted. 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 $82,952.43 Interest Through December 4, 2013 $12,951.32 Late Charges $67.24 Legal fees $2,050.00 Cost of Suit and Title $1,854.05 Sheriffs Sale Costs $803.62 Property Inspections $418.50 Property Preservation $479.64 Mortgage Insurance Premium/Private Mortgage Insurance $1,190.31 Escrow Deficit $12,723.56 Suspense/Misc. Credits ($18.00) TOTAL $115,472.67 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. sion nom n the above figure. J. P 7F7:� Thomas A.PICICeY Common Pleas Judge Ph#754314 J Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFFICE OF THE tiHERI Lit 2014 K R 27 P! "i 3 CO CUMBERLAND COUNTY FLNNS YLVANIA CITIMORTGAGE, Inc. vs. Jennifer Lynn Osborn Case Number 2011 -2784 SHERIFF'S RETURN OF SERVICE 07/01/2013 06:58 PM - Deputy Shawn Harrison, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 1507 Second Street, East Pennsboro - Township, Enola, PA 17025, Cumberland County. 07/05/2013 04:45 PM - Deputy Shawn Harrison, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Jennifer Lynn Osborn at 1507 SECOND STREET, EAST PENNSBORO TOWNSHIP, ENOLA, PA 17025, Cumberland County. 09/04/2013 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 12/4/2013 12/04/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania on December 04, 2013 at 10:00 AM. He sold the same for the sum of $1.00 to Attorney Joseph Schalk, on behalf of CITIMORTGAGE, Inc., being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $844.84 SO ANSWERS, February 19, 2014 RONNS' R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosofl, Inc. ttg,00 pd. ac-i2 -?5 pd -Co- 04, 9. a On June 12, 2013 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as, 1507 Second Street, Eno la, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: June 12, 2013 By: Real Estate Coordinator LXII 30 CUMBERLAND LAW JOURNAL 07/26/13 2011-2784 Civil Term CITIMORTGAGE, INC. vs. JENNIFER LYNN OSBORN Atty,: Joseph Schalk By virtue of a Writ of Execution No. 11-2784-CIVIL-TERM, CITI- MORTGAGE, INC. v. JENNIFER L. OSBORN owner(s) of property situate in the TOWNSHIP OF EAST PENNS- BORO, CUMBERLAND County, Pennsylvania, being 1507 SECOND STREET, ENOLA, PA 17025. Parcel No. 45-16-1049-037. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: $94,401.84. 82 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 26, August 2 and August 9, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. sa Marie Coyne, alitor SWORN TO AND SUBSCRIBED before me this da of Au ust 2013 NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-News Co' 1900 Patriot Drive Mechanicsburg, PA 17050 -717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Ehe atriot Xews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} as Michael J. Morrow, being duly sworn accordirig to aw, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 1900 Patriot Drive, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854. and September 18th. 1949. respectively, and aU have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. -------~~.�°�wrriPY' 20n1er84slvxTerm CITIMORTGAGE, INC. vs. ^ JENNIFER "mwOwmOmm Amy: Joseph Schalk By virtue of a Writ of Execution mu 11-2784-C\mL-Tanw uoMonDGAnE,ovC. v JENNIFER L0aoVmw owner(s) of property situate in the TOWNSHIP OF EAST PENNSI30120, CUMBERLAND County, Pennsylvania, being 1507 SECOND STREET, ENOLA, PA 17025 Parcel No. 45-16-1049-037 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: 594,401.84 This ad ran on the date(s) shown below: 07920V13 08/04/13 08/11/13 Sworn to and s e this 23 day f August, 2013 A.D. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel, Notary Public Washington Twp., Dauphin County My Commission Expires Dec. 1Z 2016 MEMBER, PENNSYLVANIA ASSOCIA11ON OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which CITIMORTGAGE Inc. is the grantee the same having been sold to said grantee on the 4th day of December A.D., 2013, under and by virtue of a writ Execution issued on the 1st day of - • April, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2011 Number 2784, at the suit of CITIMORTGAGE Inc. against Jennifer L. Osborn is duly recorded as Instrument Number 201406193. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this , A.D. a7 day of ecorder of Deeds Recorder of Deeds, Cumberland County, Carlisle, PA My Commission Expires the Ent Monday of Jan. 2018