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HomeMy WebLinkAbout11-4761Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., :Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 251619 FILED-OFFICE OF THE PROTHCNO TAfrt 2011 JUN -6 AM 9: 41 CUMBERLA140 U-0UNP( PENNSYL VAHIA ATTORNEY FOR PLAINTIFF CITIMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. COURT OF COMMON PLEAS 1000 TECHNOLOGY DRIVE MAIL STATION CIVIL DIVISION OTALLON, MO 63368-2240 TERM Plaintiff V. NO. 11 - q7&j LAURIE A. HARTLAUB, IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF KATHRYN L. VANDALL A/K/A KATHY VANDALL A/K/A KATHRYN LOUISE VANDALL 235 KUHN ROAD LITTLESTOWN, PA 17340 CUMBERLAND COUNTY Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE D 9a.oo 41# 10feA13 04:2 G D/fO File #: 251619 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 ease 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 #: 251619 I . Plaintiff is CITIMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. 1000 TECHNOLOGY DRIVE. MAIL STATION O'FALLON, MO 63368-2240 2. The name(s) and last known address(es) of the Defendant(s) are: LAURIE A. HARTLAUB, IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF KATHRYN L. VANDALL A/K/A KATHY VANDALL A/K/A KATHRYN LOUISE VANDALL 235 KUHN ROAD LITTLESTOWN, PA 17340 who is/are the real owner(s) of the property hereinafter described. 3. On 03/14/2002 KATHRYN L. VANDALL A/K/A KATHY VANDALL made, executed and delivered a mortgage upon the premises hereinafter described to BROADVIEW MORTGAGE COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1752, Page 3132. By Assignment of Mortgage recorded 03/20/2002 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 685, Page 3127. 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. File #: 251619 5. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 02/01/2010 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. The following amounts are due on the mortgage as of 02/24/2011: Principal Balance $97,418.09 Interest $8,096.46 01/01/2010 through 02/24/2011 Late Charges through 02/24/2011 $294.64 Property Inspections $162.00 Property Preservations $520.50 Appraisal/Broker Price Opinion $84.00 Mortgage Insurance Premium / Private Mortgage Insurance $167.40 Escrow Deficit $1,771.08 Subtotal $108,514.17 Suspense Credit $535.60 TOTAL $107,978.57 7 8 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 pursuant to Act 6 of 1974 is not required because the defendant(s) is,/are not a "Residential Mortgage Debtor" as defined by the Act, having failed to provide Plaintiff notice of its acquisition of title. File #: 251619 9. This action does not come under Act 91 of 1983 because the mortgaged premises is not owner-occupied. 10. Mortgagor Kathryn L. Vandall a/k/a Kathy Vandall a/k/a Kathryn Louise Vandall died on 05/18/2010, leaving a Will dated 02/26/2010. Letters Testamentary were granted to Laurie A. Hartlaub on 08/03/2010 in Cumberland County, No. 21-10-838. Decedent's surviving heir(s) at law and next-of-kin is Laurie A. Hartlaub. 11. Plaintiff does not hold the named Defendant(s), Laurie A. Hartlaub, personally liable on this cause of action. This action is being brought to foreclose the interest of the said Defendant(s) in the aforesaid real estate only, and the Defendant(s) has/have been named in accordance with the requirements of Pa R.C.P. 1144(a)(2) and 20 Pa.C.S.A. § 301(b). File #: 251619 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $107,978.57, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorneys fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN 14ALLINAN & SCHMIEG, LLP By: ? / J I'A? ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 251619 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Lower Allen, County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the western right of way line of Laurel Avenue as shown on the survey by Hartman and Associates, R.S., a copy of which is attached hereto, said point being a rebar set at the common corner of Lots Nos. 119 and 120 as shown on the hereinafter mentioned Plan of Lots; thence along said Lot No. 119 South 68 degrees 15 minutes West, 166.75 feet to a rebar set at Lot No. 71 as shown; thence along Lot No. 71 North 21 degrees 45 minutes West, 65 feet to an iron pipe, a common corner of Lots Nos. 120 and 121; thence along Lot No. 121 North 68 degrees 15 minutes East, 166.75 feet to an iron pipe on the corner of Lot No. 120 and the western right of way line of Laurel Avenue described above; thence along said right of way South 21 degrees 45 minutes East, 65 feet to a rebar set at the common corner of Lots Nos. 119 and 120, the point and place of beginning. BEING Lot No. 120 as shown on Plan of Rana Villa Springs Tereace, said Plan being recorded in the Office of the Recorder of Deeds, Cumberland County, Plan Book 2, page 42. PROPERTY ADDRESS: 1136 LAUREL AVENUE, CAMP HILL, PA 17011-6920 PARCEL # 13-24-0799-224A File 4: 251619 VERIFICATION hereby states that he/she is Doown" CI, MM 8M of CTTIMORTGAGE, INC., SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC., Plaintiff in this matter, that he/she is authorized to take this Verification, and the statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: s-&/// -at Name: QYftl A. LaRose Title: Docuenwt Cord OMoer Plaintiff: CITIMORTGAGE, INC., SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. File #: 251619 Name: HARTLAUB SHERIFF'S OFFICE OF CUMBERLAND COUNTY , Ronny R Anderson ; -- Sheriff Jody S Smith Chief Deputy Richard WStewart a? -F1 , 7" -;, Solicitor biz F =- :;;i=- C:) C5 r'. , Citimortgage, Inc vs. Case Number Laurie A. Hartlaub 2011-4761 SHERIFF'S RETURN OF SERVICE 06/06/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Laurie A. Hartlaub, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Adams County, Pennsylvania to serve the within Complaint in Mortgage Foreclosure according to law. 06/09/2011 06:58 PM - Adams County Return: And now June 7, 2011 at 1858 hours I, James W. Muller, Sheriff of Adams County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Laurie A. Hartlaub by making known unto John Hartlaub, Husband of Defendant at 235 Kuhn Road, Littlestown, Pennsylvania 17340 its contents and at the same time handing to him personally the said true and correct copy of the same. 06/09/2011 08:03 PM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Laurie A. Hartlaub, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not founc as to the defendant Laurie A. Hartlaub. Request for service at 1136 Laurel Avenue amp Hill, Pennsylvania 17011 is vacant. -C 00, MICHAEL BARRICK, DEPLITY'OF SHERIFF COST: $73.00 June 15, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF (Gl coun':y"'Ate ShenYf. leteusoR (rc. YORKTOWNE BUSINESS FORMS. INC. • PH. 1717) 845-5955 • FAX (717) 848-89M DATE RECEIVED SHERIFF'S DEPARTMENT ADAMS COUNTY, PENNSYLVANIA COURTHOUSE, GETTYSBURG, PA 17325 DATE PROCESSED INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PROCESS BY SHERIFF SERVICE THE SHERIFF" on the reverse of the last (No. 5) copy of this form. Please PROCESS RECEIPT, and AFFIDAVIT OF RETURN type or print legibly, insuring readability of all copies. Do not detach any copies. ACED ENV.# 1. PLAINTIFF/S/ 2. COURT NUMBER CITIMORTGAGE, INC. 11-4761 Civil 3. DEFENDANT/S/ 4. TYPE OF WRIT OR COMPLAINT: LAURIE A. HARTLAUB Complaint in Mortgage Foreclosure SERVE 10 AT 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED OR SOLD. Laurie A. Hartlaub 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP CODE) 235 Kuhn Road, Littlestown, PA 7. INDICATE UNUSUAL SERVICE: ? PERSONAL ? PERSON IN CHARGE ? DEPUTIZE ? CERT. MAIL ? REGISTERED MAIL ? POSTED O OTHER Now, , I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of County to execute this Writ and make return therof according to law. This deputation being made at the request and risk of the plaintiff. SHERIFF OF ADAMS COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN-Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriff's sale thereof. 9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behalf of: 10. TELEPHONE NUMBER 11. DATE Francis S. Hallinan, Esq. ][PLAINTIFF (215) 563-7000 ? DEFENDANT .+r .. ¦ v¦¦ vva. v¦ v¦¦a-rur 1 vilma.I - VV InV1 WWII IC OCLVvw 1I1W LIIVC 12. I acknowledge receipt of the writ SIGNATURE of Authorized ACSD Deputy or Clerk and Title 13. Date Received 14. ExpirationXQ®ilydi date or complaint as indicated above. 6/7/2011 JULY 5. 2011 15. 1 hereby CERTIFY and RETURN that I X have personally served, ? have served person in charge, ? have legal evidence of service as shown in "Remarks" (on reverse) ? have posted the above described property with the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, corporation, etc., at the address inserted below by handing/or Posting a TRUE and ATTESTED COPY therof. 16. ? I hereby certify and return a NOT FOUND because I am. unable to locate the individual, company, corporation, etc., named above. (See remarks below) 17. Name and title of individual served 18. A person of suitable age and discretion Read Order John Hartlaub, husband of Laurie A. Hartlaub pl rofa+ tCIO defendant's usual abode. 19. Address of where served (complete only if different than shown above) (Street or RFD, Apartment No., City, Boro, Twp., 20. Date of Service 21. Time State and ZIP CODE) 6/9/11 I 6:58PM 22. ATTEMPTS I Date I Mlles I Dep.lnt. I Date I Mlles I Dep.lnt. I Date I Miles Dep.lnt. Date Mlles Dep.lnt. Date Miles Dep.int. 23. Advance Costs 24. 25. 26. 27. Total Costs 2K)MIC M59 REFUND 'FN1% BLA"MY• 1$29.70 Pd. 6/1-3/11 120.30 Ck. #27 SQ ANSWER. AFFIRMED and subscribed to before me this N A 0??/?z i6 NPop. Sheriff) (Please Print or Type) Date day of Jeremy Becker 6/9j Signature of Sheriff Date Public JAMES W. MULLER 6/9y ?«?n1DaI?ylNewY SHERIFF OF ADAMS COUNTY MY COMMISSION EXPIRES I -ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE ac Ante liar k-A PHELAN HALLINAN & SCHMIEG, LLP Melissa Scheiner, Esq., Id. No.308912 . 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC., SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. VS. LAURIE A. HARTLAUB, IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF KATHRYN L. VANDALL A/K/A KATHY VANDALL A/K/A KATHRYN LOUISE VANDALL Attorney for Plaintiff CUMBERLAND COUNTYAC0 - zM r rl_ COURT OF COMMON PI 4 *S r rM -?c CIVIL DIVISION z a-r c:) „C c3 ?M" ---t No. 11-4761-CIVIL R- ' 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 LAURIE A. HARTLAUB IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF KATHRYN L. VANDALL A/K/A KATHY VANDALL A/K/A KATHRYN LOUISE VANDALL, 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 TOTAL $107,978.57 $107,978.57 I hereby certify that (1) the Defendant's last known addresses are 235 KUHN ROAD, LITTLESTOWN, PA 17340 and 1136 LAUREL AVENUE, CAMP HILL, PA 17011-6920, and (2) that notice has been given in accordance with Rule Pa.R.C. 237.1. Date Melissa Sc einer, Esq., Id. No.308912 Attorney for Plaintiff 6mf DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: '3-q-(( PHS # 251619 CC: DAVID W. KNAUER, ESQURIE KNAUER & ASSOCIATES, LSC 411A EAST MAIN ST. MECHANICSBURG, PA 17055 f1yO0PAR#y 211 o (pa?'7o maaoi 251619 il PHELAN HALLINAN & SCHMIEG, LLP Melissa Scheiner, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff CITIMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. VS. LAURIE A. HARTLAUB, IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF KATHRYN L. VANDALL A/K/A KATHY VANDALL A/K/A KATHRYN LOUISE VANDALL : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 11-4761-CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant LAURIE A. HARTLAUB, IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF KATHRYN L. VANDALL A/K/A KATHY VANDALL A/K/A KATHRYN LOUISE VANDALL is over 18 years of age and resides at 235 KUHN ROAD, LITTLESTOWN, PA 17340 and 1136 LAUREL AVENUE, CAMP HILL,, PA 17011-6920. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. rDate ` Melissa Scheiner, Esq., Id. No.308912 Attorney for Plaintiff 251619 l? (Rule of Civil Procedure No. 236) - Revised CITIMORTGAGE, INC., SB/M TO CUMBERLAND COUNTY PRINCIPAL RESIDENTIAL MORTGAGE, INC. COURT OF COMMON PLEAS VS. LAURIE A. HARTLAUB, IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF KATHRYN L. VANDALL A/K/A KATHY VANDALL A/K/A KATHRYN LOUISE VANDALL CIVIL DIVISION No. 11-4761-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on By: If you have any questions concerning this matter please contact: Melissa Schemer, Esq., Id. No.308912 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PRE VIOUSL Y RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY" CITIMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. V. Plaintiff LAURIE A. HARTLAUB, IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF KATHRYN L: VANDALL A/K/A KATHY VANDALL A/K/A KATHRYN LOUISE VANDALL Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISON NO. 114761-CIVIL CUMBERLAND COUNTY TO: LAURIE A. HARTLAUB, IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF KATHRYN L. VANDALL A/K/A KATHY VANDALL A/K/A KATHRYN LOUISE VANDALL c/o DAVID W. KNAUER, ESQUIRE KNAUER & ASSOCIATES, LSC 411 A EAST MAIN STREET MECHANICSBURG, PA 17055 DATE OF NOTICE: July 18, 2011 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. PHS # 251619 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 251619 CITIMORTGAGE, INC., SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. V. Plaintiff LAURIE A. HARTLAUB, IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF KATHRYN L. VANDALL A/K/A KATHY VANDALL A/K/A KATHRYN LOUISE VANDALL Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISON NO. 11-4761-CIVIL CUMBERLAND COUNTY TO: LAURIE A. HARTLAUB, IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF KATHRYN L. VANDALL A/K/A KATHY VANDALL A/K/A KATHRYN LOUISE VANDALL 235 KUHN ROAD LITTLESTOWN, PA 17340 DATE OF NOTICE: July 18, 2011 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY. RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. EPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. PHS # 251619 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 By:v Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS #E 251619 CITIMORTGAGE, INC., SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. v. Plaintiff LAURIE A. HARTLAUB, IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF KATHRYN L. VANDALL A/K/A KATHY VANDALL A/K/A KATHRYN LOUISE VANDALL Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISON NO. 11-4761-CIVIL CUMBERLAND COUNTY TO: LAURIE A. HARTLAUB, IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF KATHRYN L. VANDALL A/K/A KATHY VANDALL A/K/A KATHRYN LOUISE VANDALL ' 1136 LAUREL AVENUE CAMP HILL, PA 17011-6920 DATE OF NOTICE: July 18, 2011 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS FNFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER- PHS # 251619 IF YOU CANNOT AFFORD TO HIRE A LAWYER, PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 251619 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-4761 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC. S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff (s) From LAURIE A. HARTLAUB (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: $107,978.57 L.L.: $.50 Interest from 8/3/11 to Date of Sale ($17.75 per diem) -- $2,254.25 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $205.50 Other Costs: Plaintiff Paid: Date: 9/1/11 David D. Buell, Prothonotary (Seal) -W"!s e Deputy REQUESTING PARTY: Name: ALLISON F. WELLS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLC 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., SB/M TO PRINCIPAL RESIDENTIAL COURT OF COMMON PLEAS MORTGAGE, INC. Plaintiff CIVIL DIVISION v LAURIE A. HARTLAUB, IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF KATHRYN L. VANDALL A/K/A KATHY VANDALL A/K/A KATHRYN LOUISE VANDALL Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due $107,978.57 Interest from 08/03/2011 to Date of Sale ($17.75 per diem) TOTAL NO.: 11-4761-CIVIL CUMBERLAND COUNTY $2,254.25 cn I> i D C-) _o C _ E5 c3F;? D rhetan Hallinan-&-SOmieg, LLP Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff Note: Please attach description of property. PHS # 251619 aLi 't?? ? 3.00 CG3F q a.oo ?, ?, . << <t se ob!?. SO % Ul??? a P?T??d %a.ob "*? d? . ?S. 50 J'l_ eLa- w? O? d a oa ?N O U o° O? U U ?l d H 0 a F W ?W a a V a O U d H Oa U > W O w F d F a ?a Wd WA xz F d w? 0 w? w? ?o Wa A? Aa ?x ?F ?d U? a r/? d dA F? ? F V? Wd ?a ?a dd aA z ad^ xab ° ?xQ d? a O U w ? 00 F ? w o? U a b i a? CO 3 b b Q b w 0 H a^ Q W ?xH kf) F rn 0? M w a E 4° 0 Q LEGAL DESCRIPTION All THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Lower Allen in the County of CUMBERLAND and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the western right-of-way line of Laurel Avenue as shown on the survey by Hartman and Associates, R.S., a copy of which is attached hereto, said point being a rebar set at the common corner of Lots No. 119 and 120 as shown on the hereinafter mentioned Plan of Lots; thence along said Lot No. 119 South 68 degrees 15 minutes 00 second West 166.75 feet to a rebar set at Lot No. 71 as shown; thence along Lot No. 71 North 21 degrees 45 minutes 00 second West 65 feet to an iron pipe, a common corner of Lots No. 120 and 121; thence along Lot No. 121 North 68 degrees 15 minutes 00 second East 166.75 feet to an iron pipe on the corner of Lot No. 120 and the western right-of-way line of Laurel Avenue described above; thence along said right-of-way South 21 degrees 45 minutes 00 second East 65 feet to a rebar set at the common corner of Lots No. 119 and 120, the point and place of BEGINNING. CONTAINING 10,838.75 square feet, more or less. BEING Lot No. 120 as shown on Plan of Rana Villa Springs Terrace, said Plan being recorded in the Office of the Recorder of Deeds, Cumberland County, in Plan Book 2, page 42. TITLE TO SAID PREMISES IS VESTED IN Kathy Vandall, by Deed from Mildred R. McClain, a widow, dated 07/13/1993, recorded 07/14/1993 in Book K 36, Page 26. The said Kathy Vandall died on 05/18/2010, leaving a Will dated 02/26/2010. Letters Testamentary were granted to Laurie A. Hartlaub on 08/03/2010 in Cumberland County, No. 21-10-838. Decedent's surviving heir(s) at law and next-of-kin is Laurie A. Hartlaub. PREMISES BEING: 1136 LAUREL AVENUE, CAMP HILL, PA 17011-6920 PARCEL NO. 13-24-0799-224A PHELAN HALLINAN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 r`fpp' ' 'EL I I SEP - I R 10: 11 QMBERLAND COUNTY CITIMORTGAGE, INC., S/B/M TO PRINCIPALNW AFL MORTGAGE, INC. Plaintiff V. LAURIE A. HARTLAUB, IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF KATHRYN L. VANDALL A/K/A KATHY VANDALL A/K/A KATHRYN LOUISE VANDALL Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-4761-CIVIL CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage (X) 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 relating t rn alsification to authorities. FhelajLHall' LLP t * on F. Wells, Esq., Id. No. 9519 Attorney for Plaintiff CITIMORTGAGE, INC., SBIM TO PRINCIPAL R14SIDENTIAL MORTGAGE, INC. ; Plaintiff V. SE10 - 0p, 10: "LAURIE A. HARTLAUB, IN HER CAPACr1'? R L A N 0 C Q U N T Y ONS EXECUTRIX AND DEVISEE OF THE ESTAVU YLVANIA KATHRYN L. VANDALL A/K/A KATHY VANDALL A/K/A KATHRYN LOUISE VANDALL Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-4761-CIVIL CUMBERLAND COUNTY PHS # 251619 AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, 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 1136 LAUREL AVENUE, CAMP HILL, PA 17011-6920. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) LAURIE A. HARTLAUB, IN HER CAPACITY 235 KUHN ROAD AS EXECUTRIX AND DEVISEE OF THE LITTLESTOWN, PA 17340 ESTATE OF KATHRYN L. VANDALL A/K/A KATHY VANDALL A/K/A KATHRYN LOUISE VANDALL Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) PNC BANK - CONSUMER LOAN CENTER MORTGAGE SERVICING, MAILSTOP P5-PCLC-01-I 2730 LIBERTY AVENUE PITTSBURGH, PA 15222 PNC BANK NATIONAL ASSOCIATION CONSUMER LOAN CENTER 2730 LIBERTY AVENUE PITTSBURGH, PA 15222 MERIT FINANCIAL SERVICES 255 BUTLER AVENUE LANCASTER, PA 17601 MERS AS A NOMINEE FOR MERIT FINANCIAL SERVICES MERS, INC. MERS, INC. P.O. BOX 2026 FLINT, MI 48501-2026 AS OF 12/6/10,1901 E. VOORHEES STREET, SUITE C DANVILLE, IL 61834 FORMERLY 3300 SW 34TH AVENUE, SUITE 101 OCALA, FL 34474 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) LOWER ALLEN TOWNSHIP AUTHORITY 120 LIMEKILN RD NEW CUMBERLAND, PA 17070 LOWER ALLEN TOWNSHIP AUTHORITY DALEY, ZUCKER, MEILTON, MINER & GINGRICH, L.L.C. C/O STEVEN P. MINER, ESQUIRE 635 N 12TH ST STE 101 LEMOYNE, PA 17043 LOWER ALLEN TOWNSHIP AUTHORITY DALEY ZUCKER MEILTON MINER & GINGRICH, LLC C/O STEVEN P. MINER, ESQUIRE, 1035 MUMMA ROAD, SUITE 101 SOLICITOR FOR LOWER ALLEN WORMLEYSBURG, PA 17043 TOWNSHIP AUTHORITY 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 LAURIE A. HARTLAUB C/O DAVID W. KNAUER 1136 LAUREL AVENUE CAMP HILL, PA 17011-6920 411A EAST MAIN STREET MECHANICSBURG, PA 17055 THE ESTATE OF KATHRYN L. VANDALL 411A EAST MAIN STREET A/K/A KATHY VANDALL A/K/A KATHRYN MECHANICSBURG, PA 17055 LOUISE VANDALL C/O DAVID W. KNAUER, ESQUIRE Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division 6th Floor, Strawberry Sq. Dept 280601 Harrisburg, PA 17128 V Department of Public Welfare TPL Casualty Unit Estate Recovery Program Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are one supto tie penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: Phelan Hallinan & Sdrwheg LLP Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff CITIMORTGAGE, INC., SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff VS. LAURIE A. HARTLAUB, IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF KATHRYN L. VANDALL A/K/A KATHY VANDALL A/K/A KATHRYN LOUISE VANDALL Defendant(s) : COURT OF COMMON PLEAS : CIVIL DIVISION NO.: 11-4761-CIVIL CUMBERLAND CPUN? TY r7l r, = -c 7r.. -.., _ ED .-cam as C -Y- NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: LAURIE A. HARTLAUB 235 KUHN ROAD LITTLESTOWN, PA 17340 * *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 1136 LAUREL AVENUE, CAMP HILL, PA 17011-6920 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 $107,978.57 obtained by CITIMORTGAGE, INC., SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, 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. 'Y'ou may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ?- LEGAL DESCRIPTION All THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Lower Allen in the County of CUMBERLAND and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the western right-of-way line of Laurel Avenue as shown on the survey by Hartman and Associates, R.S., a copy of which is attached hereto, said point being a rebar set at the common corner of Lots No. 119 and 120 as shown on the hereinafter mentioned Plan of Lots; thence along said Lot No. 119 South 68 degrees 15 minutes 00 second West 166.75 feet to a rebar set at Lot No. 71 as shown; thence along Lot No. 71 North 21 degrees 45 minutes 00 second West 65 feet to an iron pipe, a common corner of Lots No. 120 and 121; thence along Lot No. 121 North 68 degrees 15 minutes 00 second East 166.75 feet to an iron pipe on the corner of Lot No. 120 and the western right-of-way line of Laurel Avenue described above; thence along said right-of-way South 21 degrees 45 minutes 00 second East 65 feet to a rebar set at the common corner of Lots No. 119 and 120, the point and place of BEGINNING. CONTAINING 10,838.75 square feet, more or less. BEING Lot No. 120 as shown on Plan of Rana Villa Springs Terrace, said Plan being recorded in the Office of the Recorder of Deeds, Cumberland County, in Plan Book 2, page 42. TITLE TO SAID PREMISES IS VESTED IN Kathy Vandall, by Deed from Mildred R. McClain, a widow, dated 07/13/1993, recorded 07/14/1993 in Book K 36, Page 26. The said Kathy Vandall died on 05/18/2010, leaving a Will dated 02/26/2010. Letters Testamentary were granted to Laurie A. Hartlaub on 08/03/2010 in Cumberland County, No. 21-10-838. Decedent's surviving heir(s) at law and next-of-kin is Laurie A. Hartlaub. PREMISES BEING: 1136 LAUREL AVENUE, CAMP HILL, PA 17011-6920 PARCEL NO. 13-24-0799-224A SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-4761-CIVIL CITIMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. vs. LAURIE A. HARTLAUB, IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF KATHRYN L. VANDALL A/K/A KATHY VANDALL A/K/A KATHRYN LOUISE VANDALL owner(s) of property situate in the TOWNSHIP OF LOWER ALLEN, Cumberland County, Pennsylvania, being (Municipality) 1136 LAUREL AVENUE. CAMP HILL PA 17011-6920 Parcel No. 13-24-0799-224A (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $107,978.57 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 ~ ~ r4 Y + • T7"l~: : „ _/l~ ~,fw~Li ~~i^,r~• 7t; Vk„Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ' CITIMORTGAGE, INC., SB/M TO PRINCIPAL : Court of Common Pleas RESIDENTIAL MORTGACrE,1NC. : Plainti.ff : Civil Division V : CUMBERLAND County LAURIE A. HARTLAUB, IN HER CAPACITY : No.: 11-4761-CIVIL AS EXECUTRIX AND DEVISEE OF THE : ESTATE OF KATHRYN V ANDALL A/K/A KATHY VANDALL A/K/A KATHRYN LOUISE VANDALL 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 commenced this foreclosure action by filing a Complaint on June 6, 2011. 2. Judgment was entered on August 4, 2011 in the amount of $107,978.57. 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 far the amount claimed in the complaint and any item 251619 . 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 i.s listed for Sheriff s Sale on December 7, 2011. 5. Additional sums have been incurred or expended on Defendant's behalf since the I 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 $97,418.09 Interest Through December 7, 2011 $13,653.21 Per Diem $19.35 Late Charges $294.64 Legal fees $1,300.00 Cost of Suit and Title $910.00 Property Inspections $353.50 Property Preservation $1,915.00 Mortgage Insurance Premium/ Private Mortgage Insurance $837.00 Suspense/Misc. Credits ($535.60) Escrow Deficit $4,304.54 TOTAL $120,450.38 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 accardance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant's counsel on October 11, 2011 and requested Counsel's Concurrence. Plaintiff did not receive any response from the Defendant's counsel. A true and correct copy of Plaintiff's letter pursuant to Loca1 Rule 208.3(9) is attached hereto, made part hereof, and marked as Exhibit "B". 10. No judge has previously entered a ruling in this case. 251619 • WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: By: elissa J. Cantwell, Esquire ATTORNEY FOR PLAINTIFF 251619 Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC., S/B/M TO PRINCIPAL : Court of Common Pleas RESIDENTIAL MORTGAGE, INC. : Plaintiff : Civil Division v. : CUMBERLAND County LAURIE A. HARTLAUB, IN HER CAPACITY . No.: 11-4761-CIVIL AS EXECUTRIX AND DEVISEE OF THE . ESTATE OF KATHRYN VANDALL A/K/A KATHY VANDALL A/K/A KATHRYN LOUISE VANDALL Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE KATHRYN VANDALL A/K/A KATHY VANDALL A/K/A KATHRYN LOUISE VANDALL 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 1136 LAUREL AVENUE, CAMP HILL, PA 17011-6920. 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. 251619 • 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 Sa1e. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriff s Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59,142 A.2d 319, 321 (1958). Chase Home Mort$age Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriff s sale. Nationsbanc Mortgage Co_rp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guarantv 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 251619 • 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 personalliability. 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 251619 • Discount Companv v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiff s 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. 251619 • 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 Shoppin Cg enter, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realtv, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whei:her 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. 251619 , 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 Sheriffls sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. 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 251619 • problems at the mortgaged p.remises, 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. 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 t:hat 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. 251619 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: By: - - , Melissa J. Cantwell, Attorney for Plaintiff ~I 251619 Exhibit "A" 251619 PHELAN HALLINAN & SCTiMIEG, T.LP Attorney for Plaintiff ' MeIissa Scheiner, Esq., Id. No.308912 1617 JPK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 MW a~ ~'-..M ~ F'TI CTTIMORTGAGE, INC., SJB/M TO , =;u -0 CUMSERLAND CQUNI'X c PRINCTPAL RESIDENTIA.L MORTGAGE, INC. . CfJURT OF C:OM.MEJ?N PI,EA!C') o~ i oc,. vs. McS LAURIE A. HARTLAUB,IN HER ' y C: M C'APACITY AS EXECUTRIX AND • CIVIL DIVISION ~ D , DEVISEE OF THE ESTATE OF KATHRYN L. vANDALL A/K/A KATAY VANDALL = No. 11-4761-CIVIL ~ A/K/A KATHRYN LOUISE VANDALL - i . ~ PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ~ ANSWER AND ASSESSMENT OF DAMAGES ~ 'I'U '1'HE PROTHONOTAR.Y: ' Kindly entex judgment in favor of ftae Plaxntiff and against A. HARl"LAIIN IN RER CAPACI'x'X AS' XUCCMM D DMSE tl~F E~ A 'VANllA1:.L A!K/A KA'~"~t "t~~NDALL AfKJA If,A~„1 LUUISE VAN,D,I,~, Defendant(s) for faY1um tca file an Answer to PiaintilTs Complaint withirt 20 days frrsm sezvice thea-eof and far ' forecl«sure and sale of the tnnrtgaged ptemises, and assegs P}ainitifrs damages tts fotiows; ~ As set forth in Complaint $107,978.57 I` TOTAL $107,978.57 ~ 1 I hereby certify that ('1) the Defendant's last known addresses are 235 KUHN ROAD, LITTLESTOWN, PA 17340 and 1136 LAiJREL AVENUE, CAMP HILL, PA 17011-6920, and ' (2) that notice has been given in accordance with Rule Pa.R.C; 237:2. Date ~j a ~ Melissa Sc ~ix~~r, Esq., Id. No.3089I2 j Attorney for Plaintiff ~ ~ DAMAGES ARE HEREBY ASSESSED AS INDICATEA DATE: PHS # 251619 PROTHONOTARY 3 CC: DAVID W. KNAUER, ESQURIE KNAUER & ASSOCIATES, LSC 411A EAST MAIN ST. MECHANICSBURG, PA 17055 251619 ~ ~ ~ Exhibit "B" 251619 4 I~ 1 11LL.L ~l \ 11L 1LL11 \L >l \ W IJ V111111J V~ LLl ' 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 DAVID W. KNAUER, ESQUIRE KNAUER & ASSOCIATES, LSC 411 A EAST MAIN ST. MECHANICSBURG, PA 17055 RE: CITIMORTGAGE,INC., SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. v. LAURIE A. HARTLAUB Premises Address: 1136 LAUREL AVENUE CAMP HILL, PA 17011 CUMBERLAND County CCP, No. 11-4761-CIVIL Dear Counsel, 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 furtlier questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accardingly. ,~,-r'`° Very truly yours,...._..~~:. .w-- : . . i Allison F e ~ , ' - Attorney for Plain Enclosure 251619 . Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC., SB/M TO PRINCIPAL : Court of Common Pleas RESIDENTIAL MORTGAGE, INC. : Plaintiff : Civil Division V. : CUMBERLAND County LAURIE A. HARTLAUB, IN HER CAPACITY . No.: 11-4761-CIVIL AS EXECUTRIX AND DEVISEE OF THE : ESTATE OF KATHRYN VANDALL A/K/A KATHY VANDALL A/K/A KATHRYN LOUISE VANDALL 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. DAVID W. KNAUER, ESQUIRE KNAUER & ASSOCIATES, LSC 411A EAST MAIN ST. MECHANICSBURG, PA 17055 Phelan Hallinan & Schmieg, LLP DATE: BY: Melissa J. Cantwell, Esquire ATTORNEY FOR PLAINTIFF 251619 i I-rj GO r -y1 u Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC., SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff VS. LAURIE A. HARTLAUB Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-4761-CIVIL PRAECIPE TO WITHDRAW MOTION TO REASSESS DAMAGES TO THE PROTHONOTARY: Plaintiff hereby withdraws its Motion to Reassess Damages, filed on October 24, 2011 in the above referenced action. Phelan DATE: Attorney for 251619 Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff VS. LAURIE A. HARTLAUB Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-4761-CIVIL CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to Withdraw its Motion to Reassess Damages was served upon the following interested party on the date indicated below. LAURIE A. HARTLAUB 2672 N. SUSQUEHANNA TRL TRLR 2 YORK, PA 17406-9729 chmieg, LLP DATE: Attorney for Plaintiff 251619 T ~ 1;.. b y,:.L - t ~!"~~~i~~p~U ~.'u'1 ~ t'_7' r~~1 It?• c: I (MHAl.~,~~~D COtlNT1,. ~°E~~"~SYLVANIA Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC., SB/M TO PRINCIPAL . Court of Common Pleas RESIDENTIAL MORTGAGE, INC. : Plaintiff : Civil Division v. : CUMBERLAND County LAURIE A. HARTLAUB . No.: 11-4761-CIVIL 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 commenced this foreclosure action by filing a Complaint on June 6, 2011. 2. Judgment was entered on August 4, 2011 in the amount of $107,978.57. 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 251619 which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 7, 2011. 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 $97,418.09 Interest Through December 7, 2011 $13,653.21 Per Diem $19.35 Late Charges $294.64 Legal fees $1,300.00 Cost of Suit and Title $910.00 Property Inspections $353.50 Property Preservation $1,915.00 Mortgage Insurance Premium/ Private Mortgage Insurance $837.00 Suspense/Misc. Credits ($535.60) Escrow Deficit $4,304.54 TOTAL $120,450.38 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 26, 2011 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. 251619 A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Sc DATE: B . oo, Esquire ATTORNPY-FOR PLAINTIFF 251619 Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevazd, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC., SB/M TO PRINCIPAL : Court of Common Pleas RESIDENTIAL MORTGAGE, iNC. : Plaintiff . Civil Division v. : CUMBERLAND County LAURIE A. HARTLAUB : No.: 11-4761-CIVIL Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE LAURIE A. HARTLAUB 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 1136 LAUREL AVENUE, CAMP HILL, PA 17011-6920. 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. 251619 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 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 A2d 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 Mortga e Co . v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guarantv Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsbur 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 251619 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 Companv v. Burns, 414 Pa. 495,200 A.2d 335 (1971). Plaintiffsubmits 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 personalliability. 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. 251619 III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the 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, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the 251619 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. I 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 Shoppin C~ enter, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realtv, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. 251619 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 Sheriffls 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. 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 251619 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, far 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. 251619 I , • 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 & eg, L DATE: B • Allison . Wells, Esquire Attorney for Plaintiff ~ I~I ~ ~ ~I ! 251619 ~ Exhibit "A" 251619 I'1JEL.'1N IiA1..I.,INt1N & SCJL1?i1FG, LLI' Aftor;zey for 1'leint:ff ivtelissa Scheitier, Esq., Td. Na308912 I677 1P'Iti I3aulevard, Suiic lAQCI Onca Yenn (."er.terPlaza Yhiladelplila, PA i 9103 ` 215-563-7000 z~ CTTIMORTGAGE, ]NC., SI13iM I'O . (:CTIV113EMA.iti'D £'t.)IW1'I` PItlNCri'AI.,1tESIDENTIAT. MORTG.AGF, ITi(:'. I.,t~TT12C.T: A. I:~ARTLAiTB 11`' FiER ' s..,~c °~7; C:AI'ACITY AS EXECtiT~RIX ANI) . C'IVII.., DIVISI.ON DL;VISGE, Ola T'HE ES'tATE OF KA']`11:I2YN . . L. VANDA.T..L AIKJA K.ATHI! VANDtL'LL . No. 21-4761-CIVII., AIK/:1 1CATI:[RYN L4U7SE VANDAI,Z.. ~ f'R.A.T:C.II'k; F4Ct IN I2T+'.M J'C7DGME1V"C' FOR FAII,CrRF, Tt? ANSWER AND ASST:SSMENT Oi' DAIVIAGGS [ U '1'4-i,C P.ROTH(3NOTARY: i~~~~~ll~ x~r~[~r ~~~~S~rrr~~s~t ir~ f~?~f~~rra~i tl~~ f~Juk~~ttf~; ~irYii ag~i~7;~# I AEl,fill J11r1it1I;-,, # ~ ~4,7"~ ~ F~~j~~>i J ~ 1~t7 d~ ~,l,ki~.~/~A ~f • ~,A .~J~ V 4~.7i~jf i.J~ ~ F~~ .4 7~A f~ / R V.~~ i4 ~ ~~1~ 1 ~f T , Vt1~l~71)r1i i, 774,Il,titl.:I1lC.`ii tf?r kailtsrc to Eile al7 Answer tn 1'Iaiati'11"y ('01,11phti rtt withii3 2(} dNysiit,Tr7 .;c;zvlc.c t !°,c lv'cl I"ai m ] i+:I , forcclt3sorc riaiil s-ale cif E73e mortdagLCt premiye:;, ami a~ssess 111siintiff',; deirnmgus ;l5 fioil:PH,: As set farth in Campliiill= $107,97ti.57 T'oT.aL $107,978.57 ' T hereby cettify that (1) tlie Defendant's last known adc;resses are'L35 :{li1-iN RC:)AD, I_t'I'TLESTCIWN, PA 17340 and 1136 LAURI:I., AVENUE, CAMP I-iILL, PA 1 70 1 1-692t?, and (2) that noti(.e has been given in ac;cordance with Rule Pa.R.C..' 237,1, lltitf', ~ . "b . Mclissa .'ie icimr, Esq., Id, iVo.308912 Attorney for Plairztiff ' I>.qMAGES ARE 1-IEKEBY ASSESSELl AS INDIC'ATEI3. I7ATE: &M YR()TI-10N4'I'AR)' t,t':: Dt1VIA W..ICNAUTR, ESQL)ltir KNAUER & ASSt}CIATES, I,SC 411A EAST MAIN S'1. MECHANiCSBG'RCr, PA 17055 251619 Exhibit "B" 251619 PHELAN HALLINAN & SCHMIEG, LI.,P ~ 1617 John F. Kennedy Boulevard ' Suite 1400 Philadelphia, PA 19103 (215)563-7000 FAX#: (215) 563-3459 ' Phelan Hallinan & 5ehmieg, LLP Representing Lcnders in Peruzsylvania and New Jersey Octaber 26, 2011 I.,AtIRII; A. HARTLAtJI3 2672 N. SUSQUEI-IANNA TRL TRLR 2 YORK, PA 17446-9729 RE: CI'I'IMUR"I'GAGE, INC., S/B/M TO PRINTCIPAL RCSIDEN"1'IAL MC)R"I'GAGE, INC. v. LAURIE A. HARTLAUB Premises Elddress: 1136 LAUREL AVENUE CAMP HILL, PA 17011 CIJMBE.RI.,AND County CCI', No. 11-4761-C1VII.. Dear llefendant, Enclased please find a true and ccnTect capy 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 rel.ief that is, increasing the aunount of the judgment. Please respond to me widiin 5 days, by October 31, 2011. Should you have further questians or• concerns, please do not hesitate to contact me. Utherwise, please be guided accc~.r Ver}f truly yc7t~ ~ Attorney tor }'laitltiff Eiiclosurc 251619 I , , ` p --i ~O oo ~1 C~ tn ~P N Y" Z . ~ ~ ~am N fD a, g C7, z a ~ ~ r a a~ ~ ry . . 0 a z . ~ m d ~ ~ a w r tz v y ~ r a1 t"ta ~ ^ ~ rm o n+ o c z ~P p n ~ CD c b a > m ~ rL A r Q.' gd~~ N •w 5~ ~ o i o o-gg e' 6 w S~ R " ~^~~E~ ~ ~ k~J o ~g o ^ y ,..,....m,.. G3. R ~ ~ y w 3 a9. 9 ~ ? , ~ . . a . , v~~ ~ ~..+t.,r.. i~.~ s ~~i•~a''.E R c a r.E E.3x° ~ d ~ - ~ . _ ~ a RL . Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 , One Penn Center Plaza ' Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC., SB/M TO PRINCIPAL : Court of Common Pleas RESIDENTIAL MORTGAGE, INC. : Plaintiff . Civil Division v. : CUMBERLAND County LAURIE A. HARTLAUB . No.: 11-4761-CIVIL 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. LAURIE A. HARTLAUB 2672 N. SUSQUEHANNA TRL TRLR 2 YORK, PA 17406-9729 PDATE: 251619 1 t? rv CIS 2M O ?- tip i- :a <> rj CD <C3 ?"v3 -+r ?C-1 Phelan Hallinan & Schmieg, LLP Courtenay R. Dunn, Esq., Id. No.206779 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff vs. LAURIE A. HARTLAUB Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-4761-CIVIL CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's November 10, 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. LAURIE A. HARTLAUB 2672 N. SUSQUEHANNA TRL TRLR 2 YORK, PA 17406-9729 Phelan Hallinan & Schmieg, LLP DATE: 1 C ?? < < ( By; 77777?? C enay . Dunn, Esquire Attorney for Plaintiff 251619 p f° Z 21312 JAN 24 PM 2: 02 CUMBERLAND 00UN Y PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CITIMORTGAGE, INC., SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff V. Court of Common Pleas Civil Division CUMBERLAND County LAURIE A. HARTLAUB, IN HER CAPACITY No.: 11-4761-CIVIL AS EXECUTRIX AND DEVISEE OF THE ESTATE OF KATHYRN L. VANDALL, A/K/A KATHY VANDALL A/K/A KATHRYN LOUISE VANDALL Defendant RULE AND NOW, this :>23 4d day of ul , 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.' 251619 Melissa J. Cantwell, Esq., Id. No.308912 ? Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 (LAURIE HARTLAUB ? LAURIE HARTLAUB 2672 N. SUSQUEHANNA TRL TRLR 2 235 KUHN ROAD YORK, PA 17406-9729 LITTLESTOWN, PA 17340 LAURIE HARTLAUB 1136 LAUREL AVENUE CAMP HILL, PA 17011-6920 Ccp^ n1u lr?l I /';' N//,, 251619 rpe t 251619 lLED-C1FCc HE RROTHONOTAR`R 2012 JAN 31 AM 10: 11 CUMBERLAND COUNTY Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff vs. LAURIE A. HARTLAUB Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-4761-CIVIL CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's January 24, 2012 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. LAURIE HARTLAUB 2672 N. SUSQUEHANNA TRL TRLR 2 YORK, PA 17406-9729 DATE: LAURIE HARTLAUB 235 KUHN ROAD LITTLESTOWN, PA 17340 LAURIE HARTLAUB 1136 LAUREL AVENUE CAMP HILL, PA 17011-6920 Phelan By: Allison F. W611s, Esquire Attorney for Plaintiff LLP 251619 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC., S/B/M TO PRINCIPAL Court of Common Pleas RESIDENTIAL MORTGAGE, INC. Plaintiff Civil Division vs. LAURIE A. HARTLAUB, IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF KATHRYN L VANDALL A/K/A KATHY VANDALL A/K/A KATHYRN LOUISE VANDALL Defendant CUMBERLAND Countty Min, No.: 11-4761-CIVIL ;0 cn p„ Ca ORDER A AND NOW, this ,' ra day of 2012, upon consideration of Plaintiff s N N W 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 --{ -r. . --r3 rT 1, ?7) ,w (.C, r'' Of. to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance Interest Through January 4, 2012 Per Diem $19.35 Late Charges Legal fees Cost of Suit and Title Property Inspections Property Preservation Mortgage Insurance Premium/ Private Mortgage Insurance Escrow Deficit Suspense/Misc. Credits TOTAL $97,418.09 $14,195.01 $294.64 $1,300.00 $910.00 $415.50 $2,115.00 $167.40 $5,197.34 ($535.60) $121,477.38 Plus interest from January 4, 2012 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. ?!Me 4ss4 6iK4welf; F- . /1, e,u,, e Aa'-? tuhc (17Of; c's mu . l-d CP/J -?/i? BY THE COURT: A J. 251619 )etlC SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ?r?it11?? ?' 4t18ti6crll?r o- ^T THEE Jody S Smith Chief Deputy Richard W Stewart Solicitor 2JI2 APR 20" AE1 8: 55 CUMBERLAND COUNT`( PENNSYLVANIA Citimortgage, Inc Case Number vs. 2011-4761 Laurie A. Hartlaub SHERIFF'S RETURN OF SERVICE 09/28/2011 12:26 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 1136 Laurel Avenue, Camp Hill, PA 17011, Cumberland County. 10/07/2011 Ron Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Laura A. Hartlaub, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of Adams County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 10/07/2011 The requested Real Estate Writ, Notice and Description, in the above titled action, served by the Sheriff of Adams County upon Laurie A. Hartlaub, personally, at 235 Kuhn Road, Littlestown, PA 17340 on 9/29/11 at 1730 hrs. So Answers: Shane Shultz, Deputy Sheriff. 12107/2011 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 1/4/2012 01/04/2012 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 317/2012 03/19/2012 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 March 07, 2012 at 10:00 AM. He sold the same for the sum of $1.00 to Attorney Wells, on behalf of the Citimortgage, Inc. S/B/M to Principal Residential Mortgage, Inc. Sheriffs Sale Bid was assigned to Federal National Mortgage Association at P.O. Box 650043, Dallas, Texas, 75265. Federal National Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of $997.48. 03/19/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this Writ is returned STAYED. SHERIFF COST: $I 997.48 SO ANSWERS, March 19, 2012 RON R ANDERSON, SHERIFF 06 t'?t. 04 - aZ)o'4V1 ` cc - G?)aw, WF /* CITIMORTGAGE, INC., SB/M TO PRINCIPAL COURT OF COMMON PLEAS RESIDENTIAL MORTGAGE, INC. , Plaintiff CIVIL DIVISION V. NO.:11-4761-CIVIL LAURIE A. HARTLAUB, IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF CUMBERLAND COUNTY KATHRYN L. VANDALL A/K/A KATHY VANDALL A/K/A KATHRYN LOUISE VANDALL PHS # 251619 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE, INC., SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, 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 1136 LAUREL AVENUE, CAMP HILL, PA 17011-6920. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) LAURIE A. HARTLAUB, IN HER CAPACITY 235 KUHN ROAD AS EXECUTRIX AND DEVISEE OF THE LITTLESTOWN, PA 17340 ESTATE OF KATHRYN L. VANDALL A/K/A KATHY VANDALL A/K/A KATHRYN LOUISE VANDALL 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) PNC BANK - CONSUMER LOAN CENTER MORTGAGE SERVICING, MAILSTOP P5-PCLC-01-I 2730 LIBERTY AVENUE PITTSBURGH, PA 15222 PNC BANK NATIONAL ASSOCIATION CONSUMER LOAN CENTER 2730 LIBERTY AVENUE PITTSBURGH, PA 15222 MERIT FINANCIAL SERVICES 255 BUTLER AVENUE LANCASTER, PA 17601 MERS AS A NOMINEE FOR MERIT FINANCIAL SERVICES MERS, INC. MERS, INC. P.O. BOX 2026 FLINT, MI 48501-2026 AS OF 12/6/10,1901 E. VOORHEES STREET, SUITE C DANVILLE, IL 61834 FORMERLY 3300 SW 34TH AVENUE, SUITE 101 OCALA, FL 34474 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) LOWER ALLEN TOWNSHIP AUTHORITY 120 LIMEKILN RD NEW CUMBERLAND, PA 17070 LOWER ALLEN TOWNSHIP AUTHORITY DALEY, ZUCKER, MEILTON, MINER & GINGRICH, L.L.C. C/O STEVEN P. MINER, ESQUIRE 635 N 12TH ST STE 101 LEMOYNE, PA 17043 LOWER ALLEN TOWNSHIP AUTHORITY DALEY ZUCKER MEILTON MINER & GINGRICH, LLC C/O STEVEN P. MINER, ESQUIRE, 1035 MUMMA ROAD, SUITE 101 SOLICITOR FOR LOWER ALLEN WORMLEYSBURG, PA 17043 TOWNSHIP AUTHORITY 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 1136 LAUREL AVENUE CAMP HILL, PA 17011-6920 LAURIE A. HARTLAUB C/O DAVID W. KNAUER 411A EAST MAIN STREET MECHANICSBURG, PA 17055 THE ESTATE OF KATHRYN L. VANDALL 411A EAST MAIN STREET A/K/A KATHY VANDALL A/K/A KATHRYN MECHANICSBURG, PA 17055 LOUISE VANDALL C/O DAVID W. KNAUER, ESQUIRE Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division 6th Floor, Strawberry Sq. Dept 280601 Harrisburg, PA 17128 Department of Public Welfare TPL Casualty Unit Estate Recovery Program Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are a penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: tit Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff N n f/S r i t'l ll _fir? -r N {f?7 cn *1 W rl I S .? -/d3S iIOZ ti.l I C'ITIMOMfGAGE, INC., SB/M TO PRINCIPAL COURT OF COMMON PLEAS RESIDENTIAL MORTGAGE, INC. CIVIL DIVISION Plaintiff : : NO.: 11-4761-CIVIL VS. LAURIE A. HARTLAUB, IN HER CAPACITY AS CUMBERLAND COUNTY EXECUTRIX AND DEVISEE OF THE ESTATE OF KATHRYN L. VANDALL A/K/A KATHY VANDALL A/K/A KATHRYN LOUISE VANDALL Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: LAURIE A. HARTLAUB 235 KUHN ROAD LITTLESTOWN, PA 17340 "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 1136 LAUREL AVENUE, CAMP HILL, PA 17011-6920 is scheduled to be sold at the Sheriff's Sale on 12/07/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $107,978.57 obtained by CITIMORTGAGE, INC., SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, 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. r 1. If the Sheriff's Sale is not stopped,'your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION All THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of Lower Allen in the County of CUMBERLAND and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the western right-of-way line of Laurel Avenue as shown on the survey by Hartman and Associates, R.S., a copy of which is attached hereto, said point being a rebar set at the common corner of Lots No. 119 and 120 as shown on the hereinafter mentioned Plan of Lots; thence along said Lot No. 119 South 68 degrees 15 minutes 00 second West 166.75 feet to a rebar set at Lot No. 71 as shown; thence along Lot No. 71 North 21 degrees 45 minutes 00 second West 65 feet to an iron pipe, a common corner of Lots No. 120 and 121; thence along Lot No. 121 North 68 degrees 15 minutes 00 second East 166.75 feet to an iron pipe on the corner of Lot No. 120 and the western right-of-way line of Laurel Avenue described above; thence along said right-of-way South 21 degrees 45 minutes 00 second East 65 feet to a rebar set at the common corner of Lots No. 119 and 120, the point and place of BEGINNING. CONTAINING 10,838.75 square feet, more or less. BEING Lot No. 120 as shown on Plan of Rana Villa Springs Terrace, said Plan being recorded in the Office of the Recorder of Deeds, Cumberland County, in Plan Book 2, page 42. TITLE TO SAID PREMISES IS VESTED IN Kathy Vandall, by Deed from Mildred R. McClain, a widow, dated 07/13/1993, recorded 07/14/1993 in Book K 36, Page 26. The said Kathy Vandall died on 05118/2010, leaving a Will dated 02/26/2010. Letters Testamentary were granted to Laurie A. Hartlaub on 08/03/2010 in Cumberland County, No. 21-10-838. Decedent's surviving heir(s) at law and next-of-kin is Laurie A. Hartlaub. PREMISES BEING: 1136 LAUREL AVENUE, CAMP HILL, PA 17011-6920 PARCEL NO. 13-24-0799-224A SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-4761-CIVIL CITIMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. VS. LAURIE A. HARTLAUB, IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF KATHRYN L. VANDALL A/K/A KATHY VANDALL A/K/A KATHRYN LOUISE VANDALL owner(s) of property situate in the TOWNSHIP OF LOWER ALLEN, Cumberland County, Pennsylvania, being (Municipality) 1136 LAUREL AVENUE, CAMP HILL, PA 17011-6920 Parcel No. 13-24-0799-224A (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $107,978.57 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 i101 ES :Z d I - d3S HE WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 11-4761 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC. SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff (s) From LAURIE A. HARTLAUB (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: $107,978.57 L.L.: $.50 Interest from 8/3/11 to Date of Sale ($17.75 per diem) -- $2,254.25 Atty's Cornm: % Due Prothy: $2.00 Atty Paid: $205.50 Other Costs: Plaintiff Paid: Date: 9/1/11 David D. Buell, Prothonot (Seal) B Deputy REQUESTING PARTY: Name: ALLISON F. WELLS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLC 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 TRUE COPY FROM RECORD i here unto set my in Testimony whereof, hand and the seal of said Court i 20 IL- This --L- day Of prothonotatY Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 309519 On September 2, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA, Known and numbered as, 1136 Laurel Avenue, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date September 2, 2011 By: Real state Coor inator h S d I- d3S N OZ i S :Z Z- a3S i Vd AiY`?... ?? ??INJHS CUMBERLAND LAW JOURNAL Writ No. 2011-4761 Civil Citimortgage, Inc. VS. Laurie A. Hartlaub Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 11-4761-CIVIL. CITIMORT- GAGE, INC., s/b/m TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. vs. LAURIE A. HARTLAUB, IN HER CA- PACITY AS EXECUTRIX AND DEVI- SEE OF THE ESTATE OF KATHRYN L. VANDALL a/k/a KATHY VANDALL a/k/a KATHRYN LOUISE VANDALL owner(s) of property situate in the TOWNSHIP OF LOWER ALLEN, Cum- berland County, Pennsylvania, being 1136 LAUREL AVENUE, CAMP HILL, PA 17011-6920. Parcel No. 13-24-0799-224A. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $107,- 978.57. 42 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 21, October 28, and November 4, 2011 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa Marie Coyn , Editor SWORN TO AND SUBSCRIBED before me this a of November, 2011 1 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-News Co. 2(120 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE the Patiot-d(ws 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 behaif of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution-unanimously-passed'and adopted- severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/21/11 10/28/11 11/04/11 2011 A.D. Notary F'UDIIC COMMONWEALTH OF PENNSYLVANIA Not"M seal Sherrie L. Owens, Notary Publk Lowe. Paxton Twp., Dauphin County Nh Caaemiss W Boras Nov. 26, 2015 MEM8ER PENNSYLVANfA ASS MnON OF NarARMS f CITIMORTGAGE, INC., S/8/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. Plaintiff Vs. LAURIE A. HARTLAUB Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION AT LAW : No 11-4761-CIVIL ASSIGNMENT OF SHERIFF'S SALE BID 2 3 The Law Firm of Phelan Hallinan & Schmieg, LLP, Attorney of record for CITIMORTGAGE, INC., S/B/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC., Plaintiff/Bank, on the Writ of Execution, in connection with a Mortgage Foreclosure action as captioned above. At the Sheriff's Execution sale, Phelan Hallinan & Schmieg, LLP was the successful bidder on behalf of CITIMORTGAGE, INC., SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC., Plaintiff/Bank. Phelan Hallinan & Schmieg, LLP, being authorized to do so, hereby assigns the bid to FEDERAL NATIONAL MORTGAGE ASSOCIATION, Assignee, whose address is PO Box 650043, Dallas, TX 75265 and instructs the Sheriff, upon payment of the costs of settlement, to record said Assignee. Dated: March 12, 2012 Phelan Hal11iafi`;& Sc7d. ie LP ? Lawrence T. Phelan, Esq.o. 32227 ? Francis S. Hallinan, E ., No. 62695 ? Daniel G. Schmie , sq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Jay B. Jones, Esq., Id. No. 86657 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chriso P. Fliakos, Esq., Id. No. 94620 urtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Cantwell, Esq., Id. No. 308912 ? Mario J. Hanyon, Esq., Id. No. 203993 ? Andrew J. Marley, Esq., Id. No. 312314 ? Robert W. Cusick, Esq., Id. No. 80193 ? John M. Kolesnik, Esq., Id. No. 308877 2011-4761 Civil Term Citimortgage, Inc vs Laurie A. Hartlaub Atty. Daniel Schmieg By virtue of a Writ of Execution NO. 11-4761-CIVIL CITIMORTGAGE, INC., SB/M TO PRINCIPAL RESIDENTIAL MORTGAGE, INC. vs. LAURIE A. HARTLAUB, IN HER CAPACITY AS EXECUTRIX AND DEVISEE OF THE ESTATE OF KATHRYN L. VANDALL A/K/A KATHY VANDALL A/K/A KATHRYN LOUISE VANDALL owner(s) of property situate in the TOWNSHIP OF LOWER ALLEN, Cumberland County, Pennsylvania, being (Municipality) 1136 LAUREL AVENUE, CAMP HILL, PA 17011-6920 Parcel No. 13-24-0799-224A (Acreage or street address) Improvements thereon: RESIDENTIAL D`kELLING JUDGMENT AMOUNT: $107,978.57 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal National Mortane Assoc is the grantee the same having been sold to said grantee on the 7 day of March A.D., 2012, under and by virtue of a writ Execution issued on the 1 day of September, A.D., 2011, out of the Court of Common Pleas of said County as of Civil Term, 2011 Number 4761, at the suit of Citimorwage Inc. SB/M Principal Residential Mortgage Inc. against Laurie Hartlaub is duly recorded as Instrument Number 201212113. IN TESTIMONY WHEREOF, I have her I to set my hand and seal of said office this day of A.D. of Deeds d arbebd D", CeW, PA My Commission E*n the Fret Monday d Jan. 2014