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MARTHA G. NEWMOYER
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SCOTT J. MILLER, and JODI MILLER
Defendant
NO. 20
: Civil Term
NOTICE TO DEFEND
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 AN ATTORNEY AND FILLING IN WRITING
WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT
YOU AND A JUDGEMENT 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 PEOPERTY
OR OTHER RIGHTS IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE
SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-990-9108
717-249-3166
Wk ?)-aMp
2t'6-au 3ag4(
L. C. Heim
KATHERMAN, HEIM & PERRY
Attorney I.D. No. 23155
345 East Market Street
York, PA 17403
(717) 854-5124
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Martha G. Newmoyer
Plaintiff
VS.
Scott J. Miller, and
Jodi Miller
Defendants
Civil Action
Mortgage Foreclosure
COMPLAINT
1. Plaintiff Martha G. Newmoyer is an adult individual whose address is
641 Mountain Laurel Road, York, Pennsylvania 17402.
2. Defendant Scott J. Miller is an adult individual who resides at 305 East
Elmwood Avenue, Mechanicsburg, Pennsylvania 17055.
3. Defendant Jodi Miller, is an adult individual whose address is 318
Kormit, Red Lion, Pennsylvania 17356.
4. On or about October 19, 2010, in consideration of and as security for a
purchase money loan in the amount of $150,000.00 extended to defendants by
plaintiff, defendants executed a note and mortgage in favor of plaintiff in the
amount of $150,000.00, with the note payable in monthly installments of principal
and interest and with the balance, if any, due December 19, 2045. A true and
correct copy of this note is attached hereto as Exhibit "A."
5. In consideration of the loan, the defendants executed a mortgage in favor
of plaintiff on the premises located at 305 East Elmwood Avenue, Mechanicsburg,
Pennsylvania 17055, which mortgage is recorded of record in the Recorder of
Deeds of Cumberland County on November 15, 2010, instrument number
201033237. A true and correct copy of the mortgage is attached hereto as Exhibit
44B.99
6. The property secured by and subject to the mortgage is described in the
legal description contained within the mortgage.
7. The defendants are in default of the mortgage as they have failed to make
the monthly payments of principal and interest due on November 19, 2010 or
thereafter. By the terms of the mortgage, upon default of the payments for a
period of one month, the entire principal and all interest due thereon are
collectible.
8. Under the provisions of paragraph 2 of the mortgage, defendants were to
pay and discharge when due all real estate taxes assessed against the property.
9. The defendants are also in default of the mortgage as they have failed to
pay the real estate taxes due in the amount of $5,345.74
10. The following amounts are due on the mortgage:
Principal Balance
Interest from 11/19/2010 to 8/1/2011
Late Charges from 11/29/2010 to 7/29/2010
Real Estate Taxes
Attorneys' Fees (5% of unpaid balance)
Total
$150,000.00
$3,843.84 at 3.27%
$162.00
$5,345.74
$7,500.00
$166,851.58
Plus Per diem interest from August 1, 2011 until judgement is entered at the rate
of $13.44 per diem
11. The attorneys' fees set forth above are in conformity with the mortgage
documents, namely paragraph 6, and Pennsylvania law, and will be collected in
the event of a third party purchase at sheriff s sale. If the mortgage is reinstated
prior to the sale, reasonable attorneys' fees and costs will be charged.
12. Plaintiffs have given defendants notice of this breach and have declared
all sums secured by the mortgage to be immediately due in letters dated April 12,
2011, true and correct copies of which are attached hereto as Exhibit "C."
13. Judgment has not been entered on the forementioned mortgage in any
jurisdiction.
WHEREFORE, plaintiff Bank demands judgment in mortgage foreclosure
KATHERMAN, HEIM
in its favor and against defendants, jointly and severally, in the amount of
$166,851.58 and for foreclosure and sale of the mortgaged property.
by:
& PERRY
I hereby verify that the statements in this COMPLAINT are true and correct
to the best of my knowledge information and belief. I understand that false
statements herein are made subject to the penalties of 18 PA.C.S. Sec. 4904,
relating to unsworn falsification to authorities.
DATE: L
MARTHA G. NEWMOYEPV_
,dote
Scott J. Miller and
Jodi Miller, husband and wife
Dated: October 19, 2010
to
Martha G. Newmoyer
At: York, PA
Amount: $ 150,000.00
FOR VALUE RECEIVED, without defalcation, the undersigned, Scott J. Miller and Jodi
Miller, husband and wife, (hereinafter called the "Maker"), whose address is 305 East Elmwood
Avenue, Mechanicsburg, PA 17055, do hereby promise to pay to the order of Martha G. Newmoyer,
single adult, (hereinafter called the "Holder"), whose address is 641 Mountain Laurel Road, York,
PA 17402, at said address, or at such other place as the said Holder hereof may from time to time
designate, in writing, the sum of ONE HUNDRED FIFTY THOUSAND ($150,000.00) Dollars,
lawful money of the United States of America, and any additional moneys loaned or advanced
hereunder by the Holder hereof, as hereinafter provided, with interest on the unpaid balances of
principal computed as set forth herein until all sums due hereunder have been fully paid, including
after entry of judgment hereon.
1. Interest Rate. The Maker promises to pay interest on the outstanding balance of the
principal sum at the rate of 3.26% per annum during the term of the indebtedness evidenced by this
Note.
2. Payment of Principal and Interest. Principal and interest shall be payable, in lawful
money of the United States of America, at the address of Holder set forth above, or such other place
as the Holder may designate in writing. Interest and principal shall be due in successive monthly
installments of SIX HUNDRED DOLLARS ($600.00) each, on the 19th day of each month
commencing on November 19, 2010 , which shall be applied first to payment of interest, as accrued,
and the balance to the payment of principal. A final installment in the full amount of principal and
interest then remaining due and unpaid, and any other sums outstanding and due, shall be payable
on
3. Late Charge. In the event that any installments provided herein shall become overdue
for a period of in excess of ten (10) days, the Maker agrees to pay a late charge of three (3) cents for
each dollar so overdue to cover the additional expense incident to delinquency. This shall not be
construed to obligate the Holder to accept any overdue installment nor to limit the Holder's rights
and remedies for the Maker's default as set forth in this Note.
4. Prepayment. The maker hereof shall have the privilege or prepaying this obligation in
full or in part at any time, without penalty.
5. Interest on Default. Said Maker agrees that both the principal, or any balance thereof,
and interest of this Note, shall bear interest at the rate hereinbefore provided, if not paid when due.
6. Confession of Judgment. The Maker does hereby authorize and empower the
Prothonotary, Clerk of Court, or any attorney of any court of record in Pennsylvania, or elsewhere,
to appear for and confess judgment against it and in favor of said Holder, its successors and assigns,
as of any term, past, present or future, with or without declaration, for the debt evidenced by this
Note, with interest thereon, together with costs of suit and reasonable attorney's fees for collection,
with release of all error, and on which judgment the Holder may, issue or cause to be issued an
execution or executions, waiving inquisition and condemnation as to any property levied upon by
virtue of any such execution, waiving all exemption from levy and sale of any property which now
is or hereafter may be exempt under any Act of Assembly.
7. Acceleration. It is hereby expressly agreed that if, at any time, default shall be made in
the payment of the installments of principal, or of the interest as aforesaid, for the space of thirty (3 0)
days after any such payment thereof shall fall due, or default in any other term or condition set forth
in this Note, then the said principal, or balance of said principal, evidenced by this Note, together
with all arrearages of interest thereon, shall at the option of the said Holder become due and payable
immediately, anything hereinbefore contained to the contrary in any manner notwithstanding, and
any execution may forthwith issue for the collection of the same, together with all fees, costs and
expenses of collecting the same, including reasonable attorney's fees for collection.
8. Waiver. The Maker, guarantors and endeavors hereby jointly and severally waive
presentment for payment, protest and demand for notice of protest, demand for and notice of
dishonor, and notice of nonpayment of this Note, and consent that the Holder hereof may extend the
time of payment, or otherwise modify the terms of payment of any part or the whole of the debt
evidenced by this Note, at the request of any other person liable herein, and such consent shall not
alter or diminish the liability of any person hereunder.
9. Misc. ALL references herein to the singular as to the Holder and the Maker shall include
the plural thereof. It is also understood that "Holder" refers to the Holder and its, his, her or their
executors, administrators, successors and assigns, as the matter may be.
Upon the death of the Holder, all principal and interest then due shall be forgiven, and
Holder's Executor shall satisfy the Note and Mortgage.
IN WITNESS WHEREOF, the said Maker has caused these presents to be duly executed the
day and year first above written.
COWAONWEALTH OF PENNSYLVANIA
Notarial Sal
Patrkia Pierce Byrd, Notary Public
City OfMarrishM oauptrn County
My Oomrr><ssiort E)Om June 3,2M 1
Member. PPn svivan!a Assr Ctat! n of Notaries
rat-
f
Scott J. Mill
QT n 1
1
J Miller " 17
J
0013RP
Parcel ID # 17-24-0787-143A
Property Address: 305 East Elmwood Avenue, Mechanicsburg, PA 17055
Mortaitat
THIS INDENTURE, made the 19th day of October, 2010 , between Scott J. Miller and
Jodi Miller, husband and wife (" Mortgagor") of the one part and Martha G. Newmoyer
("Mortgagee") of the other part:
WHEREAS, Mortgagor has executed a certain Mortgage Note ("Note") payable to the
order of Mortgagee in the principal sum of ONE HUNDRED FIFTY THOUSAND ($150,00.00)
dollars, lawful money of the United States of America, together with interest thereon at the rate
payable in the Note, in the manner and at the times therein set forth, and containing certain other
terms and conditions, all of which are specifically incorporated herein by reference;
NOW THEREFORE, Mortgagor, in consideration of the aforesaid debt or principal sum
and as security for the payment of the same and interest as aforesaid, together with all other sums
payable hereunder or under the terms of the Note, does grant and convey unto the Mortgagee, her
Executors, Administrators and Assigns:
ALL that certain piece or parcel of land situate in the BOROUGH OF MECHANICSBURG,
Cumberland County, Pennsylvania, more particularly bounded and described as follows:
BEGINNING at a point on the northern side of East Elmwood Avenue, two hundred ninety-three
and twenty-six hundredths (293.26) feet East of the intersection of East Elmwood Avenue and
Shepherdstown Road, also at the dividing line between Lots Vos. I and 2 on the hereinafter
mentioned Plan of Lots; thence North 13 degrees 59 minutes West along the same, one hundred
sixty-five and twenty hundredths (165.20) feet to a point at line of lands now or late, referred to
as Koser Park; thence North 73 degrees 45 minutes along the same, one hundred fifteen and nine
hundredths (115.09) feet to a point; thence South 13 degrees 59 minutes East, one hundred sixty-
nine and seventy-five hundredths (169.75) feet to a point on the northern side of East Elmwood
Avenue; thence South 76 degrees 01 minutes West along the same, one hundred fifteen (115.00)
feet to a point, the place of BEGINNING.
BEING Lot No. 2 on a Plan No. I of Georgetown, recorded in Plan Book 20, Page 59,
Cumberland County records.
HAVING thereon erected a split-level dwelling house known as 305 East Elmwood Avenue.
Page 1 of 4
IT BEING the same premises which Martha G. Newmoyer by deed dated the 19th day of
October, 2010, and recorded in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania immediately prior hereto, granted and conveyed unto Scott J. Miller and
Jodi Miller, husband and wife, MORTGAGORS herein.
TOGETHER with the buildings and improvements erected thereon, the appurtenances
thereunto belonging and the reversions, remainders, rents, issues and profits thereof.
TO HAVE AND TO HOLD the same unto Mortgagee, her, heirs and assigns, forever.
PROVIDED, HOWEVER, that if Mortgagor shall pay to Mortgagee the aforesaid debt or
principal sum, including additional loans or advances and all other sums payable by Mortgagor to
Mortgagee hereunder and under the terms of the Note, together with interest thereon, and shall
keep and perform each of the other covenants, conditions and agreements hereinafter set forth,
then this Mortgage and the estate hereby granted and conveyed shall become void.
This Mortgage is executed and delivered subject to the following covenants, conditions, and
agreements:
(1) The Note secured hereby shall evidence and this Mortgage shall cover and be security
for any future loans or advances that may be made by Mortgagee to Mortgagor at any time or
times hereafter and intended by Mortgagor and Mortgagee to be so evidenced and secured, and
such loans and advances shall be added to the principal debt.
(2) From time to time until said debt and interest are fully paid, Mortgagor shall (a) pay
and discharge, when and as the same shall become due and payable, all taxes, assessments, sewer
and water rents, and all other charges and claims assessed or levied from time to time by any
lawful authority on any part of the mortgaged premises and which shall or might have priority in
lien or payment to the debt secured hereby; (b) pay all ground rents reserved from the mortgaged
premises and pay and discharge all mechanics' liens that may be filed against said premises and
which shall or might have priority in lien or payment to the debt secured hereby; (c) pay and
discharge any documentary stamp or other tax, including interest and penalties thereon, if any,
now or hereafter becoming payable on the Note evidencing the debt secured hereby; (d) provide,
renew, and keep alive by paying the necessary premiums and charges thereon such policies of
hazard and liability insurance as Mortgagee may from time to time require upon the buildings
and improvements now or hereafter erected upon the mortgaged premises, with loss payable
clauses in favor of Mortgagor and Mortgagee as their respective interest may appear and; (e)
promptly submit to Mortgagee evidence of the due and punctual payment of all the foregoing
charges; provided, however, that Mortgagee may at its option require that sums sufficient to
discharge the foregoing charges be paid in installments to Mortgagee.
(3) Mortgagor shall maintain all buildings and improvements subject to this Mortgage in
good and substantial repair, as determined by Mortgagee. Mortgagee shall have the right to enter
on the mortgaged premises at any reasonable hour for the purpose of inspecting the order,
Page 2 of 4
condition and repair of the buildings and improvements erected thereon.
(4) In the event Mortgagor neglects or refuses to pay the charges mentioned in (2), supra,
or fails to maintain the buildings and improvements as aforesaid, Mortgagee may do so, add the
cost thereof to the principal debt secured hereby, and collect the same as a part of said principal
debt.
(5) Mortgagor covenants and agrees not to create, or to permit to accrue, on all or any part
of the mortgaged premises, any debt, lien or charge that would be prior to, or on a parity with, the
lien of this Mortgage.
(6) In case default be made for the space of thirty days in the payment of any installment
of principal or interest pursuant to the terms of the Note, or in the performance by Mortgagor of
suthe entire unpaid balance of said
any of the other obligations of the Note or this Mortgage,
ms paid by Mortgagee pursuant to the
principal sum, additional loans or advances and all
terms of the Note or this Mortgage, together with unpaid interest thereon, shall at the option of
Mortgagee and without notice become immediately due and payable, and foreclosure proceedings
may be brought forthwith on this Mortgage and prosecuted to judgment, execution and sale for
the collection of the same, together with costs of suit and an attorney's commission for collection
of five percent of the total indebtedness or $200, whichever is the larger amount. Mortgagor
hereby forever waives and releases all errors in said proceedings, waives stay of execution, the
right of inquisition and extension of time of payment, and agrees to condemnation of any
property levied upon by virtue of any such execution.
(7) If all or any part of the mortgaged property or an interest therein is sold or transferred
by Mortgagor without Mortgagee's prior written consent, excluding (a) the creation of a lien or
encumbrance subordinate to this Mortgage, (b) the creation of a purchase money security interest
for household appliances, or (c) a transfer of devise or descent or by operation of law on the
death of a joint tenant, Mortgagee may, at Mortgagee's option, declare all the sums secured by
this Mortgage to be immediately due and payable.
(8) The covenants, conditions and agreements contained in this Mortgage shall bind, and
the benefits thereof shall inure to, the respective parties hereto and their respective, heirs,
successors and assigns, and if this Mortgage is executed by more than one person, the
undertakings and liability of each shall be joint and several.
(9) This Mortgage is a Purchase Money Mortgage within the meaning aoft the Lien Priority
§8141,
Law of the Commonwealth of Pennsylvania, 42
construed as an Industrial Plant Mortgage, so as to include the machinery, equipment, furnishings
and fixtures located in and upon the mortgaged premises.
(10) This is an "Open-End" Mortgage as within the meaning of 42 Pa.C.S. § 8143.
Page 3 of 4
IN WITNESS WHEREOF, Mortgagor has executed this Mortgage on the day and year
first above written.
Witness:
Sco J. Mill
1T S.)
Jo 11 er
It is hereby certified that the address of the Mortgagee within-named is 641 Mountain Laurel
Road, York, PA 17402
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF I SS
On this, the 1q*ay of October, 2010, before me, the undersigned officer, personally
appeared Scott J. Miller and Jodi Miller, husband and wife, known to me (or satisfactorily proven)
to be the person whose name is subscribed to the within instrument, and acknowledged that she
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and seal
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 201033237
Recorded On 11/15/2010 At 11:49:32 AM
* Instrument Type - MORTGAGE
Invoice Number - 76694 User ID - MSW
*Mortgagor - MILLER, SCOTT J .
* Mortgagee - NEWMOYER, MARTHA G
* Customer - KATHERMAN HEIM & PERRY
* FEES
STATE WRIT TAX $0.50
STATE JCS/ACCESS TO $23.50
JUSTICE
RECORDING FEES - $11.50
RECORDER OF DEEDS
PARCEL CERTIFICATION $10.00
FEES
AFFORDABLE HOUSING $11.50
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
TOTAL PAID $62.00
* Total Pages - 5
Certification Page
DO NOT DETACH
This page is now part
of this legal document.
I Certify this to be recorded
in Cumberland County PA
?? of ouMes
RECORDER O D DS
r?ao
* - Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
VIYII0013ANI?II
MARTHA G. NEWMOYER
641 Mountain Laurel Road
York, PA 17402
Date: April 12, 2011
Certified Mail - Return Receipt Requested
To: Jodi Miller
c/o Mid-Atlantic Box
2205 N. Front Street
Harrisburg, PA 17112
Re: Mortgaged Premises - 305 East Elmwood Avenue, Borough of
Mechanicsburg, Mechanicsburg, PA 17055
NOTICE OF INTENTION TO FORECLOSE MORTGAGE
The mortgage held by the MARTHA G. NEWMOYER on your property, located
at 305 East Elmwood Avenue, Mechanicsburg, PA 17055, IS IN SERIOUS
DEFAULT because you have not made the monthly payments of Six Hundred
Dollars ($600.00) for the months of December, 2010 and January, 2011, February,
2011, and March, 2011, and because you have not paid real estate taxes on the
property as required by your mortgage in the amount of $5,345.74. Late charges
have also accrued to this date in the amount of $72.00. Additionally, you have
not obtained insurance on the property and it is your responsibility to pay for the
this insurance as well. I have procured an insurance policy at a premium cost of
$600.00, for which you are responsible. The total amount now required to cure
this default or, in other words, to get caught up in your payments, as of the date of
this letter, is $9,067.74.
You may cure this default within thirty (30) days of the date of this letter, by
paying to us the above amount of $8,467.74, plus any additional monthly
payments and late charge which may fall due during the period. Such payment
must be made either by cash, cashier's check, certified check or money order, and
made at Katherman, Heim & Perry, 345 E. Market Street, York, PA 17403.
If you do not cure the default within thirty (30) days, I intend to exercise my right
to accelerate the mortgage payments. This means that whatever is owing on the
original amount borrowed will be considered due immediately, and you may lose
the chance to pay off the original mortgage in monthly installments. If full
payment of the amount of default is not made within thirty days, I also intend to
instruct my attorneys to commence a lawsuit to foreclose on your mortgaged
property. If the mortgage is foreclosed, your mortgaged property will be sold by
the sheriff to pay off the mortgage debt.
If I refer your case to my attorneys, but you cure the default before they begin
legal proceedings against you, you will still have to pay the reasonable attorneys'
fees, actually incurred, up to $50.00. However, if legal proceedings are started
against you, you will have to pay the reasonable attorney's fees, even if they are
over $50.00. Any attorneys' fees will be added to whatever you owe us, which
may also include our reasonable costs. If you cure the default within the thirty-day
period, you will not be required to pay attorneys' fees.
I may also sue you personally for the unpaid principal balance and all other sums
due under the mortgage. If you have not cured the default within the thirty-day
period, and foreclosure proceedings have begun, you still have the right to cure the
default and prevent the sale at any time up to one hour before the sheriffs
foreclosure sale. You may do so by paying the total amount of the unpaid monthly
payment plus any late or other charges then due, as well as the reasonable
attorneys' fees and costs connected with the foreclosure sale (and perform any
other requirements under the mortgage). It is estimated that the earliest date that
such a sheriffs sale could be held would be approximately September 7, 2011. A
notice of the date of the sheriffs sale will be sent to you before the sale.
Of course, the amount needed to cure the default will increase the longer you wait.
You may find out at any time exactly what the required payment will be by calling
the law offices of Katherman, Heim & Perry at the following number: 717-854-
5124. This payment must be in cash, cashier's check, certified check or money
order and made payable to me at the address stated above.
You should realize that a sheriffs sale will end your ownership of the mortgaged
property and your right to remain in it. If you continue to live in the property after
the sheriffs sale, a lawsuit could be started to evict you.
You have additional rights to help protect your interest in the property. YOU
HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY
OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER
LENDING INSTITUTION TO PAY OFF THIS DEBT. (YOU MAY HAVE THE
RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE
MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE
MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING
PAYMENTS, CHARGES AND ATTORNEYS' FEES AND COSTS ARE PAID
PRIOR TO OR AT THE SALE; AND THAT THE OTHER REQUIREMENTS
UNDER THE MORTGAGE ARE SATISFIED.) CONTACT US TO
DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT
EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY
ANY THIRD PARTY ACTING ON YOUR BEHALF.
If you cure the default, the mortgage will be restored to the same position as if no
default had occurred. However, you are not entitled to this right to cure your
default more than three times in any calendar year.
Very truly yours,
Martha G. Newmoyer
MARTHA G. NEWMOYER
641 Mountain Laurel Road
York, PA 17402
Date: April 12, 2011
Certified Mail - Return Receipt Requested
To: Scott J. Miller
305 E. Elmwood Avenue
Mechanicsburg, PA17055
Re: Mortgaged Premises - 305 East Elmwood Avenue, Borough of
Mechanicsburg, Mechanicsburg, PA 17055
NOTICE OF INTENTION TO FORECLOSE MORTGAGE
The mortgage held by the MARTHA G. NEWMOYER on your property, located
at 305 East Elmwood Avenue, Mechanicsburg, PA 17055, IS IN SERIOUS
DEFAULT because you have not made the monthly payments of Six Hundred
Dollars ($600.00) for the months of December, 2010 and January, 2011, February,
2011, and March, 2011, and because you have not paid real estate taxes on the
property as required by your mortgage in the amount of $5,345.74. Late charges
have also accrued to this date in the amount of $72.00. Additionally, you have
not obtained insurance on the property and it is your responsibility to pay for the
this insurance as well. I have procured an insurance policy at a premium cost of
$600.00, for which you are responsible. The total amount now required to cure
this default or, in other words, to get caught up in your payments, as of the date of
this letter, is $9,067.74.
You may cure this default within thirty (30) days of the date of this letter, by
paying to us the above amount of $8,467.74, plus any additional monthly
payments and late charge which may fall due during the period. Such payment
must be made either by cash, cashier's check, certified check or money order, and
made at Katherman, Heim & Perry, 345 E. Market Street, York, PA 17403.
If you do not cure the default within thirty (30) days, I intend to exercise my right
to accelerate the mortgage payments. This means that whatever is owing on the
original amount borrowed will be considered due immediately, and you may lose
the chance to pay off the original mortgage in monthly installments. If full
payment of the amount of default is not made within thirty days, I also intend to
instruct my attorneys to commence a lawsuit to foreclose on your mortgaged
property. If the mortgage is foreclosed, your mortgaged property will be sold by
the sheriff to pay off the mortgage debt.
If I refer your case to my attorneys, but you cure the default before they begin
legal proceedings against you, you will still have to pay the reasonable attorneys'
fees, actually incurred, up to $50.00. However, if legal proceedings are started
against you, you will have to pay the reasonable attorney's fees, even if they are
over $50.00. Any attorneys' fees will be added to whatever you owe us, which
may also include our reasonable costs. If you cure the default within the thirty-day
period, you will not be required to pay attorneys' fees.
I may also sue you personally for the unpaid principal balance and all other sums
due under the mortgage. If you have not cured the default within the thirty-day
period, and foreclosure proceedings have begun, you still have the right to cure the
default and prevent the sale at any time up to one hour before the sheriff s
foreclosure sale. You may do so by paying the total amount of the unpaid monthly
payment plus any late or other charges then due, as well as the reasonable
attorneys' fees and costs connected with the foreclosure sale (and perform any
other requirements under the mortgage). It is estimated that the earliest date that
such a sheriffs sale could be held would be approximately September 7, 2011. A
notice of the date of the sheriffs sale will be sent to you before the sale.
Of course, the amount needed to cure the default will increase the longer you wait.
You may find out at any time exactly what the required payment will be by calling
the law offices of Katherman, Heim & Perry at the following number: 717-854-
5124. This payment must be in cash, cashier's check, certified check or money
order and made payable to me at the address stated above.
You should realize that a sheriffs sale will end your ownership of the mortgaged
property and your right to remain in it. If you continue to live in the property after
the sheriffs sale, a lawsuit could be started to evict you.
You have additional rights to help protect your interest in the property. YOU
HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY
OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER
LENDING INSTITUTION TO PAY OFF THIS DEBT. (YOU MAY HAVE THE
RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE
MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE
MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING
PAYMENTS, CHARGES AND ATTORNEYS' FEES AND COSTS ARE PAID
PRIOR TO OR AT THE SALE; AND THAT THE OTHER REQUIREMENTS
UNDER THE MORTGAGE ARE SATISFIED.) CONTACT US TO
DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT
EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY
ANY THIRD PARTY ACTING ON YOUR BEHALF.
If you cure the default, the mortgage will be restored to the same position as if no
default had occurred. However, you are not entitled to this right to cure your
default more than three times in any calendar year.
Very truly yours,
Martha G. Newmoyer
i.
ale, 1: ???
Z?i1 ?t?G ZZ
rl.? ?gER?. ??D p?p11A??
4?PiP1S
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MARTHA G. NEWMOYER
Plaintiff
VS.
SCOTT J. MILLER and JODI
MILLER
Defendant
Civil Action
NO. 11-6410 Civi
ACCEPTANCE OF SERVICE
TO THE PROTHONOTARY:
I accept service of the Complaint on behalf of myself, Scott J. Miller, one of
the defendants above captioned.
DATE: O f ? I?
9.
Scott J. filler
305 East Elmwood Avenue
Mechanicsburg, PA 17055
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny4R Anderson
Sheriff
Jody S Smith
Chief Deputy
???tytt'•' 01 CU177 (7?pf???
L, L
THE
2011 SEP -1 PM 3: 33
Richard W Stewart
Solicitor
Martha G. Newmoyer
vs.
Jodi Miller
?k.F
CUMBERLAD COUNTY
Case Number
2011-6410
SHERIFF'S RETURN OF SERVICE
08116/2011 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: Jodi Miller, but was unable to locate her in his bailiwick
He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Complaint and Notice
according to law.
08/24/2011 06:25 PM - York County Return: And now August 24, 2011 at 1825 hours I, Richard P. Keuerleber, Sherif
of York 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: Jodi Miller by making
known unto JoAnn Probst, Homeowner and adult in charge at 318 Kormit, Red Lion, Pennsylvania 17356
its contents and at the same time handing to her personally the said true and correct copy of the same.
SHERIFF COST: $37.44
September 01, 2011
SO ANSWERS,
RON R ANDERSON, SHERIFF
r' (')un`y5 rt_, .enfl I ,scut. ine
SHERIFF'S OFFICE OF YORK COUNTY
Richard P Keuerleber PETER J. MANGAN, ESQ.
Sheriff Solicitor
Reuben B Zeager Richard E Rice, II
Chief Deputy, Operations Chief Deputy, Administration
MARTHA G. NEWMOYER
Case Number
vs.
SCOTT J. MILLER (et al.) 11-6410 CIVIL
SHERIFF'S RETURN OF SERVICE
08/24/2011 06:25 PM - DEPUTY DAVID GOOD, BEING DULY SWORN ACCORDING TO LAW, SERVED THE
REQUESTED COMPLAINT IN MORTGAGE. FORECLOS_URE_ (CIM_F)_BY HANDING A TRUE COPY TO
A PERSON REPRESENTING THEMSELVES TO BE JOANN PROBST, HOMEOWNER, WHO
ACCEPTED AS "ADULT PERSON IN CHARGE" FOR JODI MILLER AT 318 KORMIT, RED LION, PA
17356.
DA I OOD, DEPUTY
SHERIFF COST: $45.20
August 26, 2011
NOTARY
SO A S,
RICHARD P KEUERLEBER, SHERIFF
Affirmed and subscribed to before me this
26TH day of
AUGUST
2011
Ce;r?lyS:r it?. S leruL "siecsat, ire
CO TH NS
NOTARIAL
LISA L. THORPE. NOTARY PUBLIC
CITY OF YORK, YORK COUNTY
MY C0t.1l,liSS; N EXPIRES AUG. 12, 2013
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ,,
Martha G. Newmoyer =M
XM C) r-
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o
Plaintiff, NO 11-6410 Civil
w
a
v. C-)
Mom
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Scott Miller and Jodi Miller
Defendants. `' -
DEFENDANT JODI MILLER'S ANSWER WITH NEW MATTER
AND NOW, comes Defendant, Jodi Miller, by and through her attorney, William C.
Felker, files this Answer with New Matter, sets forth and answers as follows:
Admitted based on information and belief
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Denied. Defendant, Jodi Miller, is without knowledge or information sufficient to
form a belief as to the truth of the averment and proof thereof is demanded at the time of trial.
By way of further answer, Defendant, Jodi Miller, no longer resides at that residence and has
always thought that defendant, Scott Miller, was continuing to pay the mortgage so as to protect
the only martial asset and the home of the defendants' three children. As to the final sentence of
the averment defendant, Jodi Miller, is without knowledge or information sufficient to form a
belief as to the truth of the averment and proof thereof is demanded at the time of trial.
8. Admitted.
9. Denied. Defendant, Jodi Miller, is without knowledge or information sufficient to
form a belief as to the truth of the averment and proof thereof is demanded at the time of trial. By
way of further answer, Defendant, Jodi Miller, no longer resides at that residence and has always
thought that defendant, Scott Miller, was continuing to pay the real estate taxes so as to protect
the only martial asset and the home of the defendants' three children.
10. Denied. Defendant, Jodi Miller, is without knowledge or information sufficient to
form a belief as to the truth of the averment and proof thereof is demanded at the time of trial. By
way of further answer, Defendant, Jodi Miller, no longer resides at that residence and has always
thought that defendant, Scott Miller, was continuing to pay the mortgage and real estate taxes so
as to protect the only martial asset and the home of the defendants' three children.
11. No response is required. The allegations of the corresponding paragraph
constitute legal conclusions, the same are deemed to be denied without further response pursuant
to the applicable Pennsylvania Rules of Civil Procedure.
12. Admitted in part and Denied in part. Admitted that notice was given and that
plaintiff has declared all sums. Denied that a breach has occurred.
13. Denied. Defendant, Jodi Miller, is without knowledge or information sufficient to
form a belief as to the truth of the averment and proof thereof is demanded at the time of trial.
WHEREFORE, Defendant, Jodi Miller, respectfully requests this Honorable Court to
dismiss, with prejudice, Plaintiff's Complaint against Defendant, Jodi Miller, and award
Defendant, Jodi Miller, attorney's fees, costs and any other relief this Honorable Court deems
just against Plaintiff.
NEW MATTER
NOTICE TO PLEA: YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN
RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS
FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU.
11. Paragraphs one through ten are incorporated herein as though set forth in full.
12. Defendant's are husband and wife.
13. Defendant, Jodi Miller, moved out of the family home on December 4, 2010.
14. Defendant, Jodi Miller, filed for divorce on March 23, 2011 in Cumberland County,
Pennsylvania docketed as 11-3223.
15. Defendant, Scott Miller is the son of Plaintiff, Martha G. Newmoyer.
16. The martial residence, the property at issue, is the only significant martial asset.
17. Defendant, Scott Miller, is employed full time and has significant means to make the
mortgage payments.
18. Defendant, Scott Miller, informed defendant, Jodi Miller, that he had attempted to
make the mortgage payments to plaintiff but plaintiff has refused to accept such payments.
19. Defendant, Scott Miller, has taken control of all of the financial accounts of the
defendants and has blocked defendant, Jodi Miller, from any access to the accounts.
20. The foreclosure proceeding brought by plaintiff is a sham perpetrated by plaintiff and
defendant, Scott Miller, to deprive defendant, Jodi Miller of her property rights under equitable
distribution.
WHEREFORE, Defendant, Jodi Miller, respectfully requests this Honorable Court to
dismiss, with prejudice, Plaintiff's Complaint for failure to state a cause of action, and award
Defendant, Jodi Miller, attorney's fees, costs and any other relief this Honorable Court deems
just against Plaintiff.
Date: November 23, 2011
Respectfully Submitted;
v ftwilli C. Felker, Esquire
ID# 67999
P.O. Box 1401
Camp Hill, PA 17001
(717) 512-0647
I verify that the statements made in this ANSWER WITH NEW MATTER are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904,
relating to unsworn falsification to authorities.
Date: November 23, 2011 141 1 ?)' i
-4?
ItC
JodVer
CERTIFICATE OF SERVICE
I hereby certify that on the date set forth below a true and correct copy of the foregoing
document was served upon all counsel of record via postage prepaid, first class United States
Mail addressed as follows:
L.C. Heim
Katherman, Heim & Perry
345 East Market Street
York, PA 17403
And
Benjamin D. Andreozzi
215 Pine Street
Suite 200
Harrisburg, PA 17101
Date: November 23, 2011
William C. Felker, Esquire
ID# 67999
P.O. Box 1401
Camp Hill, PA 17001
(717) 512-0647
19
L. C. Heim.
KATHERMAN, HEIM & PERRY
Attorney I.D. No. 23155
345 East Market Street
York, PA 17403
(717) 854-5124
1ED-OI` FICE
i?I" HE PROTHONOTARY
2011 DEC 27 PN 1: 08
CUMBERLAND {COUNTY
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Martha G. Newmoyer Civil Action
Plaintiff
vs. No. 11-6410 Civ
Scott J. Miller, and
Jodi Miller
Defendants Mortgage Foreclosure
I
REPLY TO NEW MATTER
11. The averments in the complaint are incorporated herein by reference
thereto.
12.-15. Admitted.
16. After reasonable investigation plaint
information sufficient to form a belief as to the
ff is without knowledge or
ruth of the averments set forth in
r1l
this paragraph 16 of the defendant's New Matter, said averments, therefore, being
denied.
17. Denied. It is believed, and therefore averred, that defendant Scott
Miller, without the second income of defendant Jodi Miller, is unable to pay all of
the expenses of the household, including the
18. Denied. It is averred to the contrary
accept mortgage payments from either
19. After reasonable investigation
and real estate taxes.
plaintiff has not refused to
is without knowledge or
information sufficient to form a belief as to the truth of the averments set forth in
this paragraph 19 of the defendant's New
denied.
20. Denied. The foreclosure action was
not paying the mortgage.
WHEREFORE, plaintiff demands j
forth in the complaint.
, said averments, therefore, being
because the defendants are
t against the defendants as set
THERMAN, HEIM
& PERRY
by:
. Heim
rnev for Plaintiff
I hereby verify that the statements in this
true and correct to the best of my knowledge in
that false statements herein are made subject to
4904, relating to unsworn falsification to autho
EPLY TO NEW MATTER are
rmation and belief. I understand
ie penalties of 18 PA.C.S. Sec.
DATE: December 23, 2011
MARTHA G. NEWMO
CERTIFICATE OF
The undersigned hereby certifies that a true
was served upon the following person on this
the United States mail, postage prepaid,
William C. Felker, Esq.
P.O. Box 1401
Camp Hill, PA 17001
Scott Miller
305 East Elmwood Avenue
Mechanicsburg, PA 17055
DATE:
345
Yol
(71
VICE
correct copy of the foregoing
by depositing a copy of same in
as follows:
±. Heim
East Market Street
k, PA 17403
7) 854-5124
M
L. C. Heim.
KATHERMAN, HEIM & PERRY
Attorney I.D. No. 23155
345 East Market Street
York, PA 17403
(717) 854-5124
t' LED-OFFICE
I.I FROTHONOTARY
2011 DEC 27 PM 1: 09
CUMBERLAND COUNTY
PENNSYLVANIA
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Martha G. Newmoyer Civil Action
Plaintiff
vs. No.
Scott J. Miller, and
Jodi Miller
Defendants Mo
PLAINTIFF'S MOTION FOR JUDGMI
11-6410 Civ
Foreclosure
NT ON THE PLEADINGS
Plaintiff, Martha G. Newmoyer, by undersigned counsel, respectfully
moves this Court pursuant to Pa. R.C.P. No. 1034 for judgment on the pleadings
on the grounds that:
1. The pleadings are closed and tim? exists within which to dispose of
this motion before trial.
2. No genuine issues of material fact
3. Plaintiff is entitled to judgment as a matter of law for the reasons set forth
in the accompanying brief.
"THERMAN, HEIM
& PERRY.
by:
. Heim
for Plaintiff
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true
was served upon the following person on this
correct copy of the foregoing
by depositing a copy of same in
the United States mail, postage prepaid, addressed as follows:
William C. Felker, Esq.
P.O. Box 1401
Camp Hill, PA 17001
Scott Miller
305 East Elmwood Avenue
Mechanicsburg, PA 17055
DATE- Z/
C C. Heim
34 East Market Street
York, PA 17403
(717) 854-5124
Ca/nL
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in triplicate)
c-Y
r. _
-
TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for
jn eJW
.?
Argument Court.) ,
MW
rn C_ --C --n,
----------------------------------------------------------------------------------------------------------------- =
CAPTION OF CASE ?r- 330 r
(entire caption must be stated in full) N
Martha G. Newmoyer vcr',
zc c?
vs.
Scott J. Miller and Jodi Miller o
No. 11-6410 Civ Term
1 State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to
complaint, etc.):
Plaintiff's Motion for Judgment on the Pleadings
2. Identify all counsel who will argue cases:
(a) for plaintiffs:
L. C. Heim, 345 E. Market Street, York, PA 17403
(Name and Address)
(b) for defendants:
Scott J. Miller, pro se, 305 East Elmwood Ave., Mechanicsburg, PA 17055
(Name and Address)
William C. Felker, P.O. Box 1401, Camp Hill, PA 17011 (for Jodi Miller)
3. 1 will notify all parties in writing within two days that this case has been listed for
argument.
4. Argument Court Date:
Februarv 24. 2
re
A. C. Heim I.D. No. 23155
Print your name
Date: January 9, 2012
Plaintiff
Attorney for
INSTRUCTIONS:
1. Original and two copies of all briefs must be filed with the COURT
ADMINISTRATOR (not the Prothonotary) before argument.
2. The moving party shall file and serve their brief 14 days prior to argument.
3. The responding party shall file their brief 7 days prior to argument.
4. If argument is continued new briefs must be filed with the COURT
ADMINISTRATOR (not the Prothonotary) after the case is relisted.
.j I4. ?5 PO AT Y
eWaa(46?
'1k
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing was
served upon the following person on this date by depositing a copy of same in the
United States mail, postage prepaid, addressed as follows:
William C. Felker, Esq.
P.O. Box 1401
Camp Hill, PA 17001
Scott J. Miller
305 East Elmwood Avenue
Mechanicsburg, PA 17055
DATE: January 9, 2012
KATHERMAN, HEIM & PERRY
345 E. Market Street
York, Pa 17403
(717) 854-5124
Attorney for Fiaintitt
I.D. No. 23155
:,LEO E
? THE P?OTHCNOTAP r.
L. C. Heim, Esquire 2012 FEB 24 AM 10: 31
KATHERMAN, HEIM & PERRY
Attorney I.D. No. 23155 CUMBERLAND COUNTY
PEtdNSYLVAIA
345 East Market Street
York, PA 17403
(717) 854-5124 Attornevs for Plaintiffs
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MARTHA G. NEWMOYER,
Plaintiff
vs. : No. 11-6410-CIV
SCOTT J. MILLER and
JODI MILLEr
Defendants : Mortgage Foreclosure
PRAECIPE FOR ENTRY OF JUDGMENT OF DEFAULT
TO THE PROTHONOTARY:
Please enter a judgment by default in favor of Plaintiff and against Defendant, Scott J. Miller,
for failure to plead to the Complaint in this action within the required time. The Complaint contains
a Notice to Defend within twenty days from the date of service thereof. Defendant was served with
the Complaint on August 15, 2011, and his Answer was due to be filed on September 15, 2011.
Attached as Exhibit "A" is a copy of Plaintiffs written Notice of Intention to File Praecipe for
Entry of Default Judgment which I certify was mailed by regular mail to the Defendant, Scott J.
Miller, at his last known address on November 14, 2011, which is at least ten days prior to the
filing of this Praecipe. No Notice was sent to Defendant, Scott J. Miller's attorney since no
appearance has been entered on Defendant, Scott J. Miller's behalf.
Enter judgment in favor of Plaintiff and against D dant, Scott J. Miller, in the amount of
$169,041.58.
DATE: February 24, 2012
L. 'F. Heim,
Attorney for Plaintiff
Judgment entered in favor of plaintiff and a nst nda above stat
A
DATE: a
ha 0
trot .,:.
r-#assas-
,?# a?N66
e Awl
L. C. Heim, Esquire
KATHERMAN, HEIM & PERRY
345 E. Market Street
York, PA 17403 Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
MARTHA G. NEWMOYER
Plaintiff
vs.
SCOTT J. MILLER and JODI MILLER
Defendant
: NO. 11-6410 Civi
JURY TRIAL DEMANDED
TO: Scott J. Miller
305 East Elmwood Avenue
Mechanicsburg, PA 17055
DATE: November 14, 2011
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING
WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET
FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE
DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU
WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT
HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT
MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE
OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 South Bedford Street
Carlisle, PA 17013
Telephone No. (717) 249-3166
KATHERMAN, HEIM & PERRY
BY:
C. BEIM, ESQUIRE
I.D. No. 23155
2012 FEB 24 AM 10= 32
L.C. Heim
KATHERMAN, HEIM & PERRY CUMBERLAND COUNT`I"
Attorney I.D. No. 23155 PENNSYLVANIA
345 East Market Street
York, PA 17403
(717) 854-5124 Attorney for Plaintiffs
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MARTHA G. NEWMOYER,
Plaintiff
vs.
: No. 11-6410-CIV
SCOTT J. MILLER and
JODI MILLEr
Defendants Mortgage Foreclosure
COMMONWEALTH OF PENNSYLVANIA
: SS
COUNTY OF CUMBERLAND
Before me, the Prothonotary of Cumberland County, Pennsylvania, personally appeared L.
C. Heim, Esquire, Attorney for the Plaintiff in the above entitled case, who being duly sworn or
affirmed according to law deposes and says, that the defendant, Scott J. Miller, above named is not
in the military service of the United States of America, that he has personal knowledge that the said
Defendant, Scott J. Miller, has an address of 305 E d Drive, Mechanicsburg, PA 17055.
L Heim
Sworn and subscribed before me this
day of February, 2012.
1 Notary
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
ROZELLAM. MORRIS NOTARY PUBLIC
YORK CITY, YORK COUNTY
MY COMMISSION LXPIRES APRIL 7, 2015
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
MARTHA G. NEWMOYER,
Plaintiff
vs. : No. 11-6410-CIV
SCOTT J. MILLER and
JODI MILLEr
Defendants : Mortgage Foreclosure
(x ) Notice is hereby given that a judgment in the above-captioned matter has been
entered against you in the amount of $ 169.041.58 on February 24, 2012.
(x ) A copy of all documents filed with the Prothonotary in support of the within
judgment is/are enclosed.
JonoPtaryyy ivil iv.
by:
If you have any questions regarding this Notice, please contact the filing party:
L. C. Heim, Esq.
345 East Market Street
York, Pennsylvania 17403
Telephone: (717) 854-5124
(This Notice is given in accordance with Pa.R.C.P. 236)
Notice sent to: Scott J. Miller
305 Elmwood Avenue
Mechanicsburg, PA 17055
"Y1
OFFICE OF THE PROTHONOTARY
? E? -
om
OF CUMBERLAND COUNTY, PENNSYLVANIA <> "?
.c c o
=-f;
Cumberland County Court House c> ,
1 Courthouse Square, Suite 100 z
Carlisle, PA 17013
Telephone: 717-240-6195
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff: Martha G. Newmoyer versus
Defendant: Scott J. Miller and Jodi Miller
Judgment No.: 11-6410-CIV
CERTIFICATE OF RESIDENCE
PA R.C.P. 236
I, hereby certify that the precise residence of Plaintiff is:
641 Mountain Laurel Lane. York, PA 17402
AND CERTIFY THAT THE LAST KNOWN ADDRESS OF THE WITHIN
DEFENDANT, Scott J. Miller IS:
305 Elmwood Avenue. Mechanicsburg PA 17055
L. Heim
Attorney for Plaintiff
MARTHA G. NEWMOYER,
Plaintiff
V.
SCOTT J. MILLER AND JODI MILLER,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2011- 6410 CIVIL TERM
IN RE: PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS
BEFORE GUIDO, MASLAND, PLACEY. JJ.
ORDER OF COURT
AND NOW, this 7T" day of MARCH, 2012, after reviewing the Complaint, Answer with New
Matter and Plaintiff's Reply to New Matter, Plaintiffs Motion for Judgment on the Pleadings is DENIED.
?Bq`fhe Court,l
Edward E. Guido, J.
i/ LARRY C. HEIM, ESQUIRE c)
?
V SCOTT J. MILLER, PROSE m
co
M -t7
n;
ill WILLIAM C. FELKER, ESQUIRE -<:r> co
? COURT ADMINISTRATOR
_ ,c
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MARTHA G. NEWMOYER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
SCOTT J. MILLER and
JODI MILLER, MORTGAGE FORECLOSURE
Defendants NO. 11-6410 CIVIL TERM
IN RE: NON-JURY TRIAL
ORDER OF COURT
AND NOW, this 19th day of June; 2013, after
hearing, Plaintiff' s request for judgment in mortgage
foreclosure against Defendant, Jodi Miller, is granted.
Judgment is entered in the amount of $183, 084 . 31 plus costs
plus interest at the rate of $13 . 40 per day in favor of
Plaintiff and against Defendant, Jodi Miller.
By the Court,
Edward E. Guido, J.
C= _
-ca= ZZ
M C 0 c-
XM
r/ L. C. Heim, Esquire
� CS
For the Plaintiff C -T-
-�a
William C. Felker, Esquire y,c ry
For Defendant Jodi Miller --i C_- s
--a- ry
: lfh �3
MARTHA G. NEWMOYER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
SCOTT J. MILLER and
JODI MILLER, MORTGAGE FORECLOSURE
Defendants NO. 11-6410 CIVIL TERM
IN RE: NON-JURY TRIAL
Proceedings held before the
HONORABLE EDWARD E. GUIDO, J.
Cumberland County Courthouse, Carlisle, Pennsylvania
on Wednesday, June 19, 2013, commencing at 10 : 30 a.m.
in Courtroom Number Three
rn� � a
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APPEARANCES:
L. C. Heim, Esquire
For the Plaintiff v :
William C. Felker, Esquire
For Defendant Jodi Miller
ORIGINAL
INDEX TO WITNESSES
FOR THE PLAINTIFF DIRECT CROSS REDIRECT RECROSS
Martha G. Newmoyer 3 8 --FOR THE DEFENDANT
Jodi Miller 23 29 -- --
INDEX TO EXHIBITS
FOR THE PLAINTIFF MARKED ADMITTED
Ex. No. 1 - mortgage -- 8
Ex. No. 2 - note -- 8
Ex. No. 3 - damage calculation -- 8
Ex. No. 4 - billing statement -- 32
FOR THE DEFENDANT
Ex. No. 1 - bank statement -- 23
Ex. No. 2 - bank statement -- --
2
I THE COURT: Newmoyer versus Miller. Parties
2 ready to proceed?
3 MR. HEIM: Yes, we are, Your Honor.
4 THE COURT: Call your first witness .
5 MR. HEIM: Martha G. Newmoyer, the Plaintiff.
6 Whereupon,
7 MARTHA G. NEWMOYER
8 having been duly sworn, testified as follows:
9 DIRECT EXAMINATION
10 BY MR. HEIM:
11 Q Would you state your name and address for the
12 record, please.
13 A Martha G. Newmoyer, 641 Mountain Laurel Lane,
14 York, PA, 17402 .
15 Q And were you the previous owner of a property
16 known as 305 East Elmwood Avenue in Mechanicsburg,
17 Pennsylvania?
18 A Yes, I was .
19 Q And did you transfer that property in October
20 of 2010 to Scott J. Miller and Jodi Miller?
21 A Yes, I did.
22 Q And how are you related to Scott Miller?
23 A He' s my son.
24 Q And on that date of transfer did you take a
25 mortgage back encumbering the property for the amount of
3
1 $150, 000 . 00?
2 A Yes, I did.
3 Q Showing you now what ' s been marked as Exhibit
4 1, I 'm going to ask if you can identify that?
5 A Yes .
6 Q Is that the mortgage?
7 A Yes, it is .
8 Q And I ask you to identify what ' s been marked
9 Exhibit 2 . And is that the note that accompanied the
10 mortgage?
11 A Yes, it is .
12 Q And that note called for monthly payments of
13 principal and interest, is that correct?
14 A Yes .
15 Q And they would have been due on the 19th of
16 each month, is that correct?
17 A Yes .
18 Q And am I also correct that the first date
19 would have been November 19th, 2010?
20 A Yes .
21 Q Was that payment ever made?
22 A No.
23 Q As a matter of fact, have any mortgage
24 payments ever been made since November 19th, 2010?
25 A No.
4
• •
1 Q There were also, under the terms of the
2 mortgage, the real estate taxes were to be paid, is that
3 correct?
4 A Yes .
5 Q Do you know if either Defendant ever paid the
6 real estate taxes from 2010 through the present?
7 A No, they did not.
8 Q Do you know who did pay the taxes?
9 A I did.
10 Q Now, were there -- is there insurance on the
11 property?
12 A Yes, there is .
13 Q And who is paying that?
14 A Scott Miller.
15 Q Is that the only payments he' s made?
16 A Yes .
17 Q Why is it that payment is being made?
18 A Because he had -- he thought he did, but she
19 didn' t put any on it, so he put it -- when I said you have
20 to have insurance on that house, he put it on his car
21 payment because it ' s cheaper.
22 Q So he had combined --
23 A The car payments .
24 Q -- home and car insurance?
25 A Um-hum.
5
1 Q So you haven' t had to pay that, is that
2 correct?
3 A No, I did not .
4 Q And before beginning this proceeding, you had
5 my office give both Defendants notice of your intention to
6 foreclose?
7 A Yes, I did.
8 Q I 'm going to show you what ' s been marked as
9 Exhibit 3, and is that the damage calculation?
10 A Yes, it is .
11 Q Again, the first line, the principal balance
12 is 200 or $150, 000 . 00?
13 A Correct.
14 Q And then the interest under the note was 3 .26
15 percent, correct?
16 A Correct.
17 Q So there would be interest due from the date
18 of the mortgage until today?
19 A Yes .
20 Q And there are also late charges in the note,
21 is that correct, of $18 . 00 per month?
22 A Correct.
23 Q And that has not been paid?
24 A No.
25 THE COURT: What' s the total interest due
6
1 you' re claiming?
2 MR. HEIM: The interest calculation, Your
3 Honor, is 12, 622 . 80, which would be 942 days at 13. 40 per
4 day.
5 THE COURT: Okay.
6 MR. Heim: Actually I short-changed myself.
7 I just noticed I should have run it from October, the date
8 of the mortgage, but instead I ran it from the date the
9 first payment was due, and the late charges would be 30
10 months at $18 . 00 per month or $540 . 00 .
11 BY MR. HEIM:
12 Q And the amount of real estate taxes that you
13 paid?
14 A Yes, that ' s correct.
15 Q That is $12, 421 . 51?
16 A Yes .
17 Q And then the agreement also provides --
18 THE COURT: I 'm sorry -- give me the real
19 estate tax number again.
20 THE WITNESS: $12, 421. 51 .
21 THE COURT: Okay.
22 BY MR. HEIM:
23 Q And you paid all those taxes by check?
24 A Yes, I did.
25 Q And the documents also provide for a five
7
1 percent attorney' s fee, is that correct?
2 A That ' s correct.
3 MR. HEIM: With that I move for Exhibits 1,
4 2, and 3, Your Honor.
5 THE COURT: Any objection to the admission of
6 the exhibits, Mr. Felker?
7 MR. FELKER: No, Your Honor.
8 THE COURT: They' re admitted. You may
9 cross-examine.
10 (Whereupon, Plaintiff' s Exhibit Nos . 1, 2,
11 and 3 were admitted into evidence. )
12 CROSS-EXAMINATION
13 BY MR. FELKER:
14 Q Good morning.
15 A Good morning.
16 Q Prior to the mortgage -- I believe the
17 initial mortgage was 150, 000, is that correct?
18 A The mortgage was 150, 000, yes .
19 Q When was the house -- when did you purchase
20 the home?
21 A I can' t tell you the exact year, but it was
22 about a :year and a half before that, two years maybe.
23 Q Somewhere around September of ' 08?
24 A I 'm going to say yes . I don' t have the dates
25 here.
8
•
1 Q And did you receive any funds from Scott and
2 Jodi at the time that you purchased that house?
3 A Yes, I did, but they rented it. They did not
4 -- the house was mine. I did not sell it to them then. I
5 bought it. They rented it from me at $600 . 00 a month.
6 Q How much in funds did you receive?
7 A It could easily be found, but there was quite
8 a few months that they couldn' t make it because of
9 children' s issues and stuff.
10 Q I guess my question is --
11 A You mean as rent?
12 Q Did they not give you $38, 000 . 00 down?
13 A No, they did not. Now, I have the paper or I
14 should say --
15 Q Just answer the question.
16 A No, they did not .
17 Q You did not receive $32, 000 . 00?
18 A You didn't say 32 . You said 38 .
19 Q Okay. I ' ll break it up. You did not receive
20 $32, 000 . 00 from the sale of another property that Scott and
21 Jodi had?
22 A Scott had that house in his name.
23 Q Did you receive that $32, 000 . 00?
24 A $32, 000 . 00 was put to my account .
25 Q And you did not receive another $6, 000 . 00?
9
1 A No, I did not .
2 Q At what point did the Millers move into the
3 home?
4 A Shortly after I bought it because they sold
5 the house that they lived in as is, so they didn' t have that
6 much time. The house was vacant at the time for a long
7 time, so they could move in.
8 THE COURT: Which house, the Elmwood Street
9 property?
10 THE WITNESS: Yes .
11 THE COURT: Okay. So do you know when it was
12 they moved in?
13 THE WITNESS: The exact date?
14 THE COURT: The ballpark.
15 THE WITNESS: Ballpark. If I bought it in
16 September, is that what you' re saying?
17 MR. HEIM: I 'm -- actually I think you bought
18 it in August.
19 THE WITNESS: It was, I ' d say, within two,
20 three weeks.
21 THE COURT: And did you pay cash for the
22 house?
23 THE WITNESS: Yes, I did. I cashed my CD' s
24 to do it.
25 THE COURT: And how much did you pay for the
10
1 house?
2 THE WITNESS: $220, 000 . 00 plus almost
3 $10, 000 . 00 settlement.
4 THE COURT: Okay.
5 BY MR. FELKER:
6 Q So when your son and daughter-in-law moved
7 into the house, is it fair to say from 9/19 to 10/19 or
8 9/19/08 to 10/19/2010 that you received $600 . 00 a month paid
9 on the 19th of every month?
10 A It ' s fair to say that they might have missed
11 six or seven payments, but that was okay with me. I left it
12 go. You can easily check that by going to the account and
13 see where the money would have been because they never gave
14 it to me. They put it on the account and then from the
15 account I took it out of there.
16 Q In fact, all the money -- in fact, all your
17 son' s pay checks and subsequently even your
18 daughter-in-law' s support payments went into an account with
19 your name and your son' s name on it, correct?
20 A The reason for that is because --
21 Q Just -- is that correct? Did all the money
22 go into that account?
23 A Not -- I don' t know about the support money.
24 That has nothing to do with me, but that ' s where the $600. 00
25 went, yes.
11
1 Q And you on the 19th of every month withdrew
2 the $600 . 00?
3 A Every month, no. When it was in there and
4 they would tell me it ' s in there and I would check it, yes,
5 I did.
6 Q In fact this was like an automatic
7 withdrawal? It was an automatic withdrawal set up?
8 A No. Maybe I told the bank then when there ' s
9 $600 . 00 take it and put it into my account .
10 Q And then in 2010, in October 2010, you
11 decided to write up a mortgage or transfer the property to
12 your son and your daughter-in-law for $150, 000 . 00, correct?
13 A I took the loss and made it reasonable enough
14 that they could afford to pay me $600 . 00 a month for as long
15 as it took at a very low interest rate. That ' s from 230
16 with all the settlement and all that to 150 is what I did
17 for them, and I didn' t receive not one nickel from the time
18 I did that. Within a month she was gone, within a month and
19 something.
20 Q So the first mortgage payment under the
21 mortgage was due November 19th, 2010?
22 A Correct.
23 Q And at that point, you stopped your automatic
24 withdrawal?
25 A No, I did not.
12
1 Q So --
2 A There was no money there to withdraw.
3 Q There was no money --
4 A Not the $600 . 00 for my mortgage, no.
5 Q -- in that account?
6 A If he had any -- with me the only thing I
7 ever took out is the six hundred. Did I put money in there
8 to help them? Yes . If he put any in, I wouldn' t know. All
9 I did was consider the $600 . 00 that belonged to me.
10 But from that date on, there was no money; and as
11 soon as the papers were signed, we met at a restaurant with
12 the family and they took the paperwork that I had for the
13 mortgage, and that was the last I seen her.
14 Q Okay.
15 A Or heard of her.
16 Q So you didn' t have -- that monthly transfer
17 never occurred in November of 2010, is that what you' re
18 saying?
19 A Correct.
20 Q Defense Exhibit 1 --
21 MR. HEIM: Do you have somebody from the bank
22 here that can establish what this is?
23 MR. FELKER: I think I can ask her to show
24 that this is the joint account that both of them have
25 together and that that is consistent with the transfers and
13
1 all other --
2 THE COURT: Do counsel mind if I participate
3 in this proceeding?
4 MR. FELKER: I 'm sorry.
5 THE COURT: Is there an objection?
6 MR. HEIM: Yes, Your Honor. This would
7 appear to be a bank record, and I think that needs a
8 foundation laid and someone to authenticate the record.
9 THE COURT: The witness can authenticate it.
10 You can try it that way. We' ll overrule it for now.
11 MR. FELKER: Thank you, Your Honor.
12 BY MR. FELKER:
13 Q I ' ll show you a stack of bank statements, if
14 you could identify if this is the joint account that you
15 held with your name and your son, Scott Miller?
16 A The only thing -- I can make it real fast for
17 you. Whatever money was put in there, put into it from my
18 account, which would be my account to his, was given to him
19 for paying bills or whatever.
20 Q Are those bank statements -- do those bank
21 statements reflect the joint account that you have with
22 Scott and yourself? Are those -- is that the joint account
23 where the $600 . 00 came out?
24 A If you' re saying is that the joint account,
25 yes, mine and his name on that statement, yes.
14
1 Q And is that where the $600. 00 payments were
2 coming out of?
3 A Yes .
4 THE COURT: Are you talking about the $600 . 00
5 rental payments?
6 THE WITNESS: Well, the rental payments --
7 MR. FELKER: Your Honor, I don' t know that I
8 would characterize it as a rental payment, thirty-eight
9 thousand dollar down payment. I don' t know that I would
10 characterize it as --
11 THE COURT: Okay. But that ' s the account the
12 rental payments came out of?
13 THE WITNESS: Yes. Well, they put the money
14 into that account, Scott ' s and mine, and I took it out of
15 there. That ' s the only way I could do it.
16 THE COURT: And that ' s also the account that
17 some of the down payment where you bought the house came
18 from?
19 THE WITNESS: There was 32, 000 at the time
20 that she finally sold the house.
21 THE COURT: Came from that account?
22 THE WITNESS: Yes . It went out of that
23 account to my account.
24 THE COURT: I got it . Go ahead.
25 BY MR. FELKER:
15
1 Q So this is that account, correct?
2 A This is the --
3 Q So now I wanted to show you .a November
4 statement here real quick.
5 THE COURT: November of what year?
6 MR. FELKER: November of 2010 .
7 BY MR. FELKER:
8 Q And if you look at the monthly transfer, what
9 does it show on November 22nd?
10 A It shows $600 . 00 minus .
11 Q And that was transferred to your account?
12 A I can' t say that it has .
13 THE COURT: On what basis?
14 MR. HEIM: It doesn' t say.
15 THE WITNESS: I mean she could have done all
16 this .
17 THE COURT: Hold on. Stop. Stop.
18 MR. HEIM: His question was --
19 THE COURT: The objection is overruled. If
20 she doesn' t know if it was transferred to her account, she
21 doesn' t know.
22 BY MR. FELKER:
23 Q Is that not the notation there where it says
24 monthly transfer, and the number beside it, is that not the
25 same notation that would be on the previous month' s accounts
16
1 when the $600 . 00 was transferred to your account?
2 A All I know is what it says here. All I know
3 is I didn' t accept any $600 . 00 on that month. I didn' t take
4 any out for $600. 00 for the house.
5 Q So that is not your account that that ' s going
6 to, the number?
7 A You mean this here?
8 Q Yes, the reference number.
9 A I wouldn' t know. I don' t have that in my
10 head.
11 Q Okay. Now, you said you paid the taxes, is
12 that correct? Did you say you paid the real estate taxes?
13 A Yes, I did.
14 Q When did you pay those?
15 A Well, the first tax that I paid was the end
16 of the year, which was pretty high because there were late
17 charges for them not paying it, and I didn' t know it. So
18 right before -- well, it went to the other department of --
19 wherever it goes when it ' s late.
20 So I paid it at that time with some extra interest
21 which I usually try to pay things ahead of time if I have to
22 pay them, so I paid it from then all the way until and
23 including this year.
24 Q Okay. I 'm just asking about who paid the
25 taxes on 11/10/2010?
17
1 A I did.
2 Q You did. Back to this bank account, this
3 joint account, did you deposit money in here or was it just
4 your son?
5 A Anything you see deposited into that account,
6 it came from me. Anything you see coming out of that
7 account into my account was from them or from Scott .
8 Q And what deposits -- so the TYCO Electronics
9 payroll, that ' s your deposit?
10 A What is it again?
11 Q Tyco Electronics payroll.
12 A My deposits put into his account you mean?
13 Q No, I 'm asking --
14 A Or taken out of there?
15 Q What would a deposit -- so his payroll was
16 going into this account?
17 A Well, if that ' s what he did after she left, I
18 wouldn ' t know. All I know is I never bothered no more than
19 the $600 . 00 except when they needed something I put the
20 money in there for them to take. I never took any other
21 money out of there ever.
22 Q Okay, but you agree that the Millers also put
23 money in this account?
24 A I can' t agree with that because I wasn' t
25 there.
18
• i
1 Q Out of what account did you pay the taxes?
2 A Excuse me?
3 Q Out of what account did you pay the taxes?
4 A My account .
5 Q You did not pay them out of this account?
6 A No. That came out of my own personal
7 checking account, and I had the check stubs, but --
8 Q And how much were the taxes about?
9 A You mean every year up until -- $12, 421 . 51 .
10 Q All right. Defense Exhibit 2 -- do you
11 recognize this withdrawal from this account? That would be
12 the personal account that you have with your son.
13 THE COURT: Is that the same account as
14 Exhibit 1?
15 MR. FELKER: Yes, Your Honor.
16 THE COURT: All right.
17 BY MR. FELKER:
18 Q Do you recognize that $3, 000 . 00?
19 A Three thousand?
20 Q $3, 195. 00, I believe.
21 A No, I don' t .
22 Q Did you write that check for that amount?
23 A Is it taxes?
24 Q I 'm asking you if you recognize it?
25 A And I just said no, I don't, but if it ' s
19
1 taxes and I wrote the check, yes .
2 Q So you wrote -- you paid it out of this
3 account?
4 A No. No, I did not. Not ever. I never
5 touched their account other than taking what belonged to me,
6 $600 . 00 when they had it .
7 Q At any point after 12/4/2010, which is the
8 date that your son and your daughter-in-law separated?
9 A That ' s when she left, yes .
10 Q All right. At any point after that, did your
11 son attempt to make payments to you and you refused them?
12 A No, he did not. How could he, he couldn' t
13 afford what he' s got with three kids that she left him.
14 Q Why did you stop automatically taking the
15 payments out?
16 A Because there wasn' t any.
17 Q There wasn't any money in that account?
18 A Not to my knowledge. You see, when I was
19 taking the six hundred out, I would always call them, is the
20 payment in. And they would say yes or not yet or whatever,
21 but if they said yes, then I had the bank take the six
22 hundred out of there and put it into my account. If it
23 wasn' t there, I didn' t do it because I wouldn' t overdraw
24 their account.
25 Q Did you ever make a demand of your son for
20
1 the mortgage payment after 12/4/2010?
2 A Did I make a demand?
3 Q Did you request? Did you call him up and
4 say, hey, where ' s my money?
5 A Well, yeah. When he told me she left and
6 she ' s getting no money, no alimony, no nothing, he' s got
7 three kids, he needed money to even work with that, you
8 know, because he had none . She took -- she cleared the
9 accounts that they had together.
10 Q So you didn' t -- you didn' t make demand of
11 payment from him?
12 A I said does that mean I 'm not going to be
13 getting my payment. He said I don't know from where.
14 Q Did you make a demand to Jodi Miller?
15 A I called her I don' t know how many times.
16 She would not answer my calls .
17 Q Yes or no would be fine. Did you make a
18 demand for her to pay?
19 A Not if I couldn' t talk to her.
20 Q And were you aware that Jodi was paying to
21 your son support?
22 A He told me off and on he was getting some.
23 When she was fired, then they had to not get it, and then it
24 went on back support the way I understand, but he gave her a
25 whole year and some before he went for it .
21
• •
1 Q Is your son paying you the mortgage now?
2 A No, he is not .
3 Q So if I told you that your son testified at a
4 support hearing that he is, in fact, paying you the
5 mortgage, he would be lying?
6 A Yes, he would be lying.
7 Q Who' s living in the house now?
8 A My son, Scott Miller, and the three children
9 of theirs, my grandchildren.
10 Q And you already have a judgment against him?
11 A Yes .
12 Q Do you know if your son is looking for a new
13 place to live?
14 A Well, I don' t think you could find --
15 MR. HEIM: Objection to relevance, Your
16 Honor.
17 THE COURT: Sustained.
18 BY MR. FELKER:
19 Q Have you acted on the judgment against your
20 son?
21 A Yes, my attorney did.
22 Q And has any of that judgment been paid?
23 A No.
24 Q So you received no funds towards the
25 judgment?
22
1 A Not a nickel.
2 Q Any payments from your son?
3 THE COURT: My understanding is there ' s no
4 rent judgment in mortgage foreclosure. There ' s no
5 individual judgment in this action and no individual
6 judgment being requested. This is against the property, so
7 she can' t act on the judgment until we know what happens
8 today.
9 MR. FELKER: May I have one minute, Your
10 Honor? I would just move for Exhibits 1 and 2 to be entered
11 into the record. No further questions.
12 THE COURT: Any objection to 1 and 2?
13 MR. HEIM: What is 2?
14 MR. FELKER: Two is another bank statement.
15 MR. HEIM: There ' s no foundation for two.
16 THE COURT: One is admitted. Two is not.
17 (Whereupon, Defendant ' s Exhibit No. 1 was
18 admitted into evidence. )
19 THE COURT: Mr. Felker, do you have any
20 witnesses you wish to call?
21 MR. FELKER: Yes, Your Honor, Jodi Miller.
22 Whereupon,
23 JODI MILLER
24 having been duly sworn, testified as follows:
25 DIRECT EXAMINATION
23
1 BY MR. FELKER:
2 Q Will you state your name and address for the
3 record.
4 A Jodi Miller, 318 Kormit Drive, Red Lion, PA,
5 17356.
6 Q Would you provide a brief overview of how
7 this all came about from the initial purchase and your
8 understanding of how the purchase of this property was going
9 to be handled?
10 A Sure.
11 MR. HEIM: Objection, Your Honor, it ' s
12 calling for what I 'm afraid is a rambling narrative .
13 THE COURT: Let ' s be a little bit more
14 specific. Objection is sustained.
15 BY MR. FELKER:
16 Q Did you provide money down sometime in
17 October of 2008 on a property at 305 East Elmwood Avenue?
18 A Yes, the marital property that was sold prior
19 to earned $38, 000 . 00, thirty-two of which went into the
20 joint account of Martha and Scott. Six thousand of that
21 then came from the PSECU that was the joint account between
22 Scott and myself, so she was given $38, 000 . 00 cash for what
23 was my understanding to be a down payment towards the house
24 that we were renting to own. It was not necessarily a
25 rental payment but the monthly payment that we paid was
24
1 towards the purchase of the home.
2 BY THE COURT:
3 Q And what was the purchase price of that home?
4 A When Martha bought it, it was $220, 000. 00 .
5 The 38 that we gave her and then the additional $600 . 00 a
6 month for 27 months comes to about $16, 000 . 00 .
7 Q Okay. And then you purchased the home from
8 her in October of 2010?
9 A In October of 2010, there was a mortgage and
10 note drawn up. It was my understanding at the time that the
11 concern of the family was having to pay the taxes should
12 Martha pass away.
13 Q So she gave you a deed, you and your husband
14 a deed for the property?
15 A Correct. I have the original deed.
16 Q And what was the purchase price listed in the
17 deed?
18 A It was 150, 000 .
19 Q And she took a mortgage back for that?
20 A Correct .
21 Q Okay. So she paid a total of 220, 000 for the
22 property of which roughly 54, 000 came from you?
23 A Correct .
24 Q And then she sold it to you for 150, 000?
25 A Correct.
25
1 Q And took a mortgage for that?
2 A Correct.
3 Q And that ' s the mortgage we' re here for today?
4 A Yes, sir.
5 THE COURT: Got it .
6 BY MR. FELKER:
7 Q And you do recall signing that mortgage?
8 A I do.
9 Q And that first payment was to be made on
10 11/19/2010?
11 A November of 2010, correct.
12 Q Was that payment made?
13 A Yes, that payment was made according to the
14 documents of the joint account.
15 Q And then you left on 12/4/2010?
16 A Correct.
17 Q And your husband and how many children?
18 A Three.
19 Q Three children. They stayed in the house,
20 correct?
21 A That wasn' t the initial intent but that is
22 how it ended up being.
23 Q So you don' t know if the mortgage was paid
24 in, let ' s say, December of 2010 and January of 2011?
25 A In December of 2010 both of Scott ' s payroll
26
1 checks were deposited into that joint account but no
2 transfer was taken out in December of 2010 . In January of
3 2010, again his payroll checks were deposited so there was
4 ample money for the automatic transfer that had taken place
5 since 2008 to come out, but she chose not to take that
6 money.
7 Q Have you ever discussed with co-Defendant
8 Scott the possibility of selling the house and paying off
9 the debt?
10 A We currently are in the process of divorce,
11 and I had attempted to enter into a sales agreement to sell
12 the house and settle the debt for Martha since he has been
13 living there for two years and hasn' t paid anything.
14 He would not cooperate with the sales agreement
15 and listing the house for sale, so we are currently awaiting
16 an answer from his attorney to show cause why the house
17 should not be sold.
18 THE COURT: Do you have a buyer or do you
19 simply want to list it with a realtor?
20 THE WITNESS: I was attempting to list it
21 with a realtor. I do not have a buyer.
22 BY MR. FELKER:
23 Q And why haven't you listed it with a realtor?
24 A Because I can' t list a house that I don' t --
25 I mean he' s on the deed as well.
27
• •
1 Q So he ' s refusing to --
2 A He' s refusing to cooperate.
3 Q -- cooperate in the sale of the home. Has a
4 realtor or anybody told you the estimated value of what the
5 house is worth? Do you know what the house is worth?
6 MR. HEIM: Objection. That would be hearsay.
7 THE COURT: Overruled. You may answer.
8 THE WITNESS: I 'm sorry. A couple of e-mails
9 that I 've talked to different realtors, the realtor that I
10 was intending to list it with, the comparables in the
11 neighborhood are 220 to 240 .
12 THE COURT: And what is it you would list it
13 for?
14 THE WITNESS: It is 240, but I mean obviously
15 I would ask for the most to get her money and get as much
16 equity as we could out of it.
17 BY MR. FELKER:
18 Q But you would list it for more than what the
19 current --
20 A Is owed.
21 Q And the Plaintiff is currently asking for
22 182, somewhere around there?
23 A Correct.
24 THE COURT: Aside from the payment in
25 November of 2010, have you made any payments on the note and
28
1 mortgage?
2 THE WITNESS: I have not made any payments,
3 but it was my understanding they were still being withdrawn
4 from that account . I was removed -- my access to that
5 account was removed in December when I was no longer at the
6 residence, so I had no knowledge of whether or not -- I
7 didn' t know she stopped taking the payments out.
8 There was no communication with me stating that
9 until -- we had a court hearing, petitioned the Court for
10 special relief to ask Scott to uphold the only known marital
11 asset really for the divorce, and that petition was denied
12 because the foreclosing hadn' t been started yet, yet I was
13 served with that when I returned to work that day.
14 MR. FELKER: One last question. Have you
15 been making support payments to Scott?
16 THE WITNESS: Yes .
17 MR. FELKER: No further questions .
18 THE COURT: Cross-examine.
19 MR. HEIM: Yes, Your Honor, very briefly.
20 CROSS-EXAMINATION
21 BY MR. HEIM:
22 Q Am I correct, Ms. Miller, that you have no
23 personal knowledge of whether or not a payment was made to
24 Martha in November of 2010? You' re assuming that from a
25 bank statement which simply shows the withdrawal, correct?
29
1 A Shows the same withdrawal that had been done
2 at the same time period for the last -- for the prior two
3 years .
4 Q The question is the same, do you have
5 personal knowledge that it went to Martha Newmoyer, yes or
6 no?
7 A No.
g Q And I am correct that you have never made a
9 single payment on the mortgage since October 19th of 2010,
10 correct?
11 A The payment that I believe to be made was --
12 THE COURT: I understand that. I understand
13 that issue. .
14 THE WITNESS: Okay. No.
15 BY MR. HEIM:
16 Q And you also have not paid any taxes,
17 correct?
18 A No.
19 Q Prior to October 19, 2010, who was paying the
20 taxes?
21 A Prior to October 19th, 2010?
22 Q When the property was in Martha Newmoyer' s
23 name, she was paying the taxes, correct?
24 A No. No, she was not . As a matter of fact, I
25 have the direct withdrawal from my bank statement where I
30
1 faxed my bank and asked the check to be issued.
2 Q What payment did you make on taxes prior to
3 November?
4 A I paid in February 2010 what would have been
5 2009 taxes .
6 Q But not 2010 taxes, right?
7 A No, but it was again my belief that those
8 were taken out of that joint account.
9 Q But today you have no proof that they were
10 taken out of any account, correct, other than my client
11 paying?
12 A Other than that statement that I know that
13 that ' s how much the taxes were, no, not that I can, in
14 effect, prove to the Court .
15 MR. HEIM: That ' s all I have.
16 THE COURT: Thank you, ma ' am. Any other
17 witnesses, Mr. Felker?
18 MR. FELKER: No, Your Honor.
19 MR. HEIM: Your Honor, I have, just as far as
20 counsel fees, that is a percentage formula that I used, but
21 I also think it ' s good that I have kept my time records
22 which I have as well, and the time records --
23 THE COURT: Unless Mr. Felker stipulates to
24 the entry of an exhibit to that effect, you' ll need to put
25 that in through your client .
31
• •
1 MR. HEIM: Okay.
2 BY FELKER: I ' ll stipulate.
3 THE COURT: So Exhibit No. 4 is admitted.
4 MR. HEIM: I represent to the Court this is
5 my billing records, but only -- it does not include today.
6 It only went through pretrial .
7 THE COURT: All right. That ' s admitted.
8 (Whereupon, Plaintiff' s Exhibit No. 4 was
9 admitted into evidence. )
10 THE COURT: Argument . Does either party want
11 the argument on the record? If so, it will be on the
12 record; if not, we ' ll have it off the record. Mr. Felker,
13 do you want argument on the record or off the record?
14 MR. FELKER: I have no objection either way.
15 (Whereupon, argument was held off the
16 record. )
17 THE COURT: And now, today' s date, after
18 hearing, Plaintiff' s request for judgment in mortgage
19 foreclosure against Defendant, Jodi Miller, is granted.
20 Judgment is entered in the amount of $183, 084 . 31 plus costs
21 plus interest at the rate of $13 . 40 per day in favor of
22 Plaintiff and against Defendant, Jodi Miller.
23 (Whereupon, Court adjourned at 11: 20 a.m. )
24
25
32
CERTIFICATION
I hereby certify that the proceedings are
contained fully and accurately in the notes taken by me on
the above cause and that this is a correct transcript of
the same.
\-L LA
Laura F. Handley
Official Court Reporter
- - - - - - - - - - - - - -
The foregoing record of the proceedings on the
hearing of the within matter is hereby approved and
directed to be filed.
i
Date Edward E. Guido, J.
"Tf� AUG --6 A 11 : 43
PFI,tdSYLVA€41A
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MARTHA G. NEWMOYER Civil Action - Law
Plaintiff
VS. No. 11-6410
SCOTT J. MILLER and
JODI MILLER
Defendants MORTGAGE FORECLOSURE
PRAECIPE TO REDUCE VERDICT TO JUDGMENT
To The Prothonotary:
Enter judgment in favor of Plaintiff, Martha G. Newmoyer, and against
Defendant, Jodi Miller, in, the amount of$183,084.31 pursuant to an Order of
Court dated June 19, 2013, a copy of which is attached hereto.
C. Heim,
Attorney for Plaintiff
I. D. No. 23155
345 E. Market Street
York, PA 17403
(717) 854-5124
DATE: k-3
tALA
a9Wo5'1
�Le MOIL
MARTHA G. NEWMOYER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V
SCOTT J. MILLER and
JODI MILLER, MORTGAGE FORECLOSURE
Defendants NO. 11-6410 CIVIL TERM
IN RE: NON-JURY TRIAL
ORDER OF COURT
AND NOW, this 19th day of June, 2013, after
hearing, Plaintiff' s request for judgment in mortgage
foreclosure against Defendant, Jodi Miller, is . granted.
Judgment is entered in the amount of $183, 084 . 31 plus costs
plus interest at the rate of $13 . 40 per day in favor of
Plaintiff and against Defendant, Jodi Miller.
By the Court,
cza
C
Z r c= r r ,_
Edward E. Guido, J. Cn�b `N ;
L. C. Heim,, Esquire
For the Plaintiff
William C. Felker, Esquire
For Defendant Jodi Miller
: lfh
OFFICE OF THE PROTHONOTARY
OF CUMBERLAND COUNTY, PENNSYLVANIA
CUMBERLAND COUNTY COURT HOUSE
1 N. Courthouse Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 240-6195
IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA
Plaintiff: Martha G. Newmoyer
versus
Defendants: Scott J. Miller and Jodi Miller
Judgment No.: 11-6410
CERTIFICATE OF RESIDENCE
PA R.C.P. 236
I, hereby certify that the precise residence of Plaintiffs are:
651 Mountain Laurel Lane, York, PA 17402
AND CERTIFY THAT THE LAST KNOWN ADDRESS OF THE WITHIN
Defendant, Jodi,Miller is:
318 Kormit Drive Red Lion PA 17356
L. Heim,
A orney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MARTHA G. NEWMOYER Civil Action - Law
Plaintiff
VS. No. 11-6410
SCOTT J. MILLER and
JODI MILLER
Defendants MORTGAGE FORECLOSURE
(X) Notice is hereby given that a judgment in the above-captioned matter has
been entered against you in the amount of $183,084.31 on August (rte,
2013.
(x ) A copy.of all documents filed with the Prothonotary in support of the within
judgment is/are enclosed.
Protholotary Civil Div.
by:
If you have any questions regarding this Notice, please contact the filing party:
L. C. Heim, Esq.
345 East Market Street
York, Pennsylvania 17403
Telephone: (717) 854-5124
(This Notice is given in accordance with Pa R.C.P. 236)
Notice sent to: Jodi Miller Jodi Miller
318 Kormit Drive c/o William C. Felker, Esq.
Red Lion, PA 17356 PO Box 1401
Camp Hill, PA 17001-1401
R p,
i� 0 c H 0 N 0 Ir�,t
do 13 Nov 1 AAt b:4S
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, &NWL7V'1NM 10' 4'
CIVIL DIVISION R F-I ELAND COUNTY
PRAECIPE FOR WRIT OF EXECUTION ID E N N S Y LVA N I A
MARTHA G. NEWMOYER ❑Confessed Judgment
Plaintiff 17,1 Other
vs. File No. 11-6410 Civil
SCOTT J. MILLER and JODI MILLER Amount Due $183 ,084 . 31
Defendant Interest $ 1 , 849 . 20
Address: Atty's Comm
Scott J.Miller,305 E.Elmwood Ave., Costs
Mechanicsburg,PA 17055;Jodi Miller,318
Kormit Dr.,Red Lion,PA 17356
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale,
contract,or account based on a confession of judgment,but if it does,it is based on the appropriate original
proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as
amended.
Issue writ of execution in the above matter to the Sheriff of Cumberland
County,for debt,interest and costs,upon the following described property of the defendant(s)
Real property located at 305 E. Elmwood Ave., Mechanicsburg Borough,
Mechanicsburg, PA 17055
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of County,for debt,interest
and costs,as above,directing attachment against the above-named garnishee(s)for the following property
(if real estate,supply six copies of the description;supply four copies of lengthy personalty list)
and all other property of the defendant(s)in the possession,custody or control of the said garnishee(s).
(Indicate)Index this writ against the garnishee(s)as a lis pendens Igainst real estate of the
defendant(s)described in the attached exhibit. •
Date 1 118 19 013 Signature:
Print Name: C. Helm
ag' Address: 345 E. Market St.
York, PA 17403
a ��
Q �r
-1 l� Attorney for: Plaintiff
Telephone: 717-854-5124
1 l.� •�Supreme Court ID No: 23155
Kayo,y�p
d a
L. C. Heim
KATHERMAN , HEIM & PERRY 2' "3 NO V `7 A M «' `*S,
Attorney I.D. No.. 23155 f"UMBERLAQ CQUtiTY
345 East Market Street PEW S Y LVA IA I A
York, PA 17403
(717) 854-5124 Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MARTHA G. NEWMOYER
Civil Action
VS. No. 11-6410
SCOTT J. MILLER and JODI MILLER
AFFIDAVIT PURSUANT TO RULE 3129.1
Martha G.Newmoyer,plaintiff in the above action, sets forth as of the date the
praecipe for writ of execution was filed the following information concerning the real
property located at 305 East Elmwood Avenue, Mechanicsburg Borough,
Cumberland County, Mechanicsburg, PA 17055, (Tax Map: 17-24-0787-143A).
See attached description.
1. Name and address of owners(s) or reputed owner(s):
Name Address
Scott J. Miller 305 East Elmwood Ave . ,
Mechanicsburg, PA 17055
Jodi Miller 318 Kormit Drive,Red Lion,PA 17356
2. Name and address of defendant in the judgment:
Name Address
Jodi Miller 318 Kormit Drive,Red Lion,PA 17356
3. Name and address of every judgment creditor whose judgment is a record lien on
the real property to be sold:
Name Address
Martha G. Newmoyer 651 Mountain Laurel Lane, York, PA
17402
Solomon Andemariam 122 E. Park Ave., Pleasantville, NJ
08232
4. Name and address of the last recorded holder of every mortgage of record:
Name Address
Martha G. Newmoyer 651 Mountain Laurel Lane, York, PA
17402
5. Name and address of every other person who has any record lien on the property:
Name Address
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
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
I verify that the statements made in this affidavit are true and correct to the best
of my personal knowledge or information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to
unsworn falsification to authorities.
DATE:
Martha G. Newmoyer
EXHIBIT"A"
DESCRIPTION
Prepared by L. C. Heim, Esquire
ALL that certain piece or parcel of land situate in the BOROUGH OF
MECHANICSBURG,Cumberland County,Pennsylvania,more particularly bounded
and described as follows:
BEGINNING at a point on the northern side of East Elmwood Avenue, two hundred
ninety-three and twenty-six hundredths (293.26)feet East of the intersection of East
Elmwood Avenue and Shepherdstown Road, also at the dividing line between Lots
Nos. I and 2 on the hereinafter mentioned Plan of Lots; thence North 13 degrees 59
minutes West along the same, one hundred sixty-five and twenty hundredths (165.20)
feet to a point at line of lands now or late, referred to as Koser Park; thence North 73
degrees 45 minutes along the same, one hundred fifteen and nine hundredths (115.09)
feet to a point; thence South 13 degrees 59 minutes East, one hundred sixty-nine and
seventy-five hundredths (169.75)feet to a point on the northern side ofEast Elmwood
Avenue; thence South 76 degrees 01 minutes West along the same, one hundred fifteen
(115.00)feet to a point, the place of BEGINNING.
BEING Lot No. 2 on a Plan No. 1 of Georgetown, recorded in Plan Book 20, Page 59,
Cumberland County records.
HAVING thereon erected a split-level dwelling house known as 305 East Elmwood
Avenue.
IT BEING the same premises which Martha G. Newmoyer by deed dated the 191' day
of October, 2010, and recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania, as instrument Number 201033236, granted and
conveyed unto Scott J. Miller and Jodi Miller, husband and wife.
The improvements thereon being known as 305 East Elmwood Ave.,Mechanicsburg,
PA 17055 (Tax Map 17-24-0787-143A).
SEIZED IN EXECUTION as the interest of Martha G. Newmoyer, in the subject
property, on Judgment No. 11-6410 Civil.
i
9
L. C. Heim ? 3T V -7 AIM 10: 4 7
KATHERMAN , HEIM & PERRY 1,1J a°i D E F L A t<D COUNTY,
Attorney I.D. No. 23155 r ENNSY! ANIA
345 East Market Street
York, PA 17403
(717) 854-5124 Attorneys for Plainitff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MARTHA G. NEWMOYER
Plaintiff Civil Action - LAW
VS. No. 11-6410
SCOTT J. MILLER and JODI MILLER
Defendants MORTGAGE FORECLOSURE
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE NO. 3129
TAKE NOTICE:
a
That the Sheriff's Sale of Real Property (real estate) will be held on March L,
2014, in the Sheriff's Office, Cumberland County Courthouse, One Courthouse
Square, Carlisle, Pennsylvania 17013, at 10:00 a.m., local prevailing time.
THE PROPERTY TO BE SOLD is delineated in detail in a legal description
mainly consisting of a statement of the measured boundaries of the property,together
with a brief mention of the buildings and any other major improvements erected on
the land. (SEE DESCRIPTION ATTACHED.)
THE LOCATION of your property to be sold is: 305 East Elmwood Avenue,
Mechanicsburg Borough,Cumberland County,Mechanicsburg,PA 17055,(Tax Map
17-24-0787-143A), as more particularly described in Cumberland County as
Instrument No. 201033236.
The JUDGMENT under or pursuant to which your property is being sold is
docketed to No. 11-6410 in Cumberland County, Pennsylvania.
THE NAME OF THE OWNERS OR REPUTED OWNER(S) OF THIS
PROPERTY IS/ARE:
Scott J. Miller, 305 East Elmwood Ave., Mechanicsburg, PA 17055; and
Jodi Miller, 318 Kormit Drive, Red Lion, PA 17356
A SCHEDULE OF DISTRIBUTION, being a list of the persons, and or
governmental or corporate entities or agencies being entitled to receive part of the
proceeds of the sale received and to be disbursed by the Sheriff(for example to banks
that hold mortgages and municipalities that are owed taxes) will be filed by the
Sheriff within thirty (30) days after the sale and distribution of the proceeds of sale
in accordance with this schedule will, in fact, be made unless someone objects by
filing exceptions to it within ten (10) days of the date it is filed. Information about
the Schedule of Distribution may be obtained from the Sheriff of the Court of
Common Pleas of Cumberland County, Cumberland County Courthouse, One
Courthouse Square, Room 303, Carlisle, Pennsylvania 17013 (717) 240-6390.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE
SALE OF YOUR PROPERTY. It has been issued because there is a judgment
against you. It may cause your property to be held to be sold or taken to pay the
judgment. You may have legal rights to prevent your property from being taken. A
lawyer can advise you more specifically of these rights. If you wish to exercise your
rights, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT
WHERE YOU CAN GET FREE LEGAL ADVICE:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
1-800-990-9108
717-249-3166
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of Cumberland
County to open the judgment if you have a meritorious defense against the person or
e y
company that has entered judgment against you. You may also file a petition with the
same Court if you are aware of a legal defect in the obligation or the procedure used
against you.
2. After the Sheriff's Sale you may file a petition with the Court of Common
Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for
other proper cause. This petition must be filed before the Sheriff's Deed is delivered.
3. A petition or petitions raising the legal issues or rights mentioned in the
preceding paragraphs must be presented to the Court of Common Pleas of
Cumberland County at one of the Court's regularly scheduled Business Court
sessions. The petition must be served on the attorney for the creditor or on the
creditor at least two business days before presentation to the Court and a proposed
order or rule must be attached to the petition. If a specific return date is desired, such
date must be obtained from the Court Administrator's Office, Cumberland County
Courthouse,One Courthouse Square,Room 301,Carlisle,Pennsylvania 17013 before
presentation of the petition to the Court.
By: iv 'M
L. C Heim, squire
At rney for Plaintiff
I. D. No. 23155
EXHIBIT"A"
DESCRIPTION
Prepared by L. C. Heim, Esquire
ALL that certain piece or parcel of land situate in the BOROUGH OF
MECHANICSBURG,Cumberland County,Pennsylvania,more particularly bounded
and described as follows:
BEGINNING at a point on the northern side of East Elmwood Avenue, two hundred
ninety-three and twenty-six hundredths (293.26)feet East of the intersection of East
Elmwood Avenue and Shepherdstown Road, also at the dividing line between Lots
Nos. 1 and 2 on the hereinafter mentioned Plan of Lots; thence North 13 degrees 59
minutes West along the same, one hundred sixty-five and twenty hundredths (165.20)
feet to a point at line of lands now or late, referred to as Koser Park; thence North 73
degrees 45 minutes along the same, one hundred fifteen and nine hundredths (115.09)
feet to a point; thence South 13 degrees 59 minutes East, one hundred sixty-nine and
seventy-five hundredths (169.75)feet to a point on the northern side ofEast Elmwood
Avenue; thence South 76 degrees 01 minutes West along the same, one hundred fifteen
(115.00)feet to a point, the place of BEGINNING.
BEING Lot No. 2 on a Plan No. I of Georgetown, recorded in Plan Book 20, Page 59,
Cumberland County records.
HA PING thereon erected a split-level dwelling house known as 305 East Elmwood
Avenue.
IT BEING the same premises which Martha G. Newmoyer by deed dated the 19'x' day
of October, 2010, and recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania, as instrument Number 201033236, granted and
conveyed unto Scott J. Miller and Jodi Miller, husband and wife.
The improvements thereon being known as 305 East Elmwood Ave.,Mechanicsburg,
PA 17055 (Tax Map 17-24-0787-143A).
SEIZED IN EXECUTION as the interest of Martha G. Newmoyer, in the subject
property, on Judgment No. 11-6410 Civil.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO. 11-6410 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION—LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due MARTHA G.NEWMOYER Plaintiff(s)
From SCOTT J.MILLER AND JODI MILLER
(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 gamishee(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: $183,084.31 L.L.: $.50
Interest $1,849.20
Atty's Comm: Due Prothy: $2.25
Atty Paid: $240.44 Other Costs:
Plaintiff Paid:
Date: 11/7/13
David D. Buell, Prothonota
(Seal)
Deputy
REQUESTING PARTY:
Name: L.C. HEIM, ESQUIRE
Address: KATHERMAN,HEIM&PERRY
345 EAST MARKET STREET
YORK,PA 17403
Attorney for: PLAINTIFF
Telephone: 717-854-5124
Supreme Court ID No. 23155
3 iL.Li.. 'i ' rI!C�}E
-1 HE PRO i 1a NOTAR T
2513 NOV -8 A111O: 03
CUMBERLAND COUNTY
PENNSYLVANIA
L. C. Heim
KATHERMAN , HEIM & PERRY
Attorney I.D. No. 23155
345 East Market Street
York, PA 17403
(717) 854-5124 Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
•
MARTHA G. NEWMOYER
Plaintiff Civil Action
vs. : No. 11-6410
SCOTT J. MILLER and JODI MILLER :
Defendants : Mortgage Foreclosure
AFFIDAVIT OF SERVICE PURSUANT TO PA. R.C.P. 3129.2
AND NOW, TO WIT, this 7th day of November, 2013, I the undersigned, L.
C. Heim,Esquire, attorney for Plaintiff,Martha G.Newmoyer, do hereby certify that
I mailed or caused to be mailed, by regular first-class postage prepaid U.S. mail, a
notice of Sheriffs Sale to Creditors, ( a copy of which is attached hereto as Exhibit
"A"), as follows:
Solomon Amdemariam, 122 E. Park Avenue, Pleasantville, NJ
Martha G. Newmoyer, 641 Mountain Laurel Road, York, PA 17402
I hereby certify that notice on the above creditors was mailed by United States
Post Office form 3817, (Certificate of Mailing), a copy of which is attached hereto
1
and marked as Exhibit `B".
KATHERMAN, HEIM & PERRY
deiL. m, Esquire
Attorney for Plaintiff
I. D. No. 23155
L. C. Heim
KATHERMAN , HEIM & PERRY
Attorney I.D. No. 23155
345 East Market Street
York, PA 17403
(717) 854-5124 Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MARTHA G. NEWMOYER
Plaintiff : Civil Action
vs. No. 11-6410
SCOTT J. MILLER and JODI MILLER :
Defendants : Mortgage Foreclosure
NOTICE PURSUANT TO PA. R.C.P. 3129
NOTICE IS HEREBY GIVEN to the following parties who hold one or more
mortgage, judgment or tax liens against the real estate of Scott J. Miller and Jodi
Miller, as follows:
Martha G. Newmoyer, 651 Mountain Laurel Lane, York, PA 17402
Solomon Andemariam, 122 E. Park Ave., Pleasantville, NJ 08232
You are hereby notified that on March 12, 2014, at 10:00 o'clock A.M.
prevailing time, by virture of a Writ of Execution issued out of the Court of Common
Pleas of Cumberland County,Pennsylvania on the judgment of Martha G.Newmoyer,
entered to No. 11-6410,the Sheriff of Cumberland County,Pennsylvania,will expose
at Public Sale in the Sheriff's Office in the Cumberland County Courthouse, One
Courthouse Square,City of Carlisle,County of Cumberland,Pennsylvania,the interest
in real estate of Scott J. Miller and Jodi Miller:
305 East Elmwood Avenue, Mechanicsburg Borough, Cumberland County,
Mechanicsburg, Pennsylvania(Tax Map 17-24-0787-143A), as more particularly
described in Cumberland County Instrument No. 201033236.
A description of said real estate is hereto attached.
bg
•
You are further notified that a Schedule of Proposed Distribution will be filed
by the Sheriff of Cumberland County on April 11, 2014, and distribution will be
made in accordance with the Schedule unless exceptions are filed thereto within ten
(10)days thereafter.
You are further notified that the lien you hold against said real estate may be
divested by the sale and that you have an opportunity to protect your interest, if any,
( by being notified of said Sheriffs Sale.
KATHERMAN, HELM & PERRY
A't
/i
L. V . Heim, Esquire
orney for Plaintiff
I. D. No. 23155
EXHIBIT"A"
DESCRIPTION
Prepared by L. C. Heim, Esquire
ALL that certain piece or parcel of land situate in the BOROUGH OF
MECHANICSBURG,Cumberland County,Pennsylvania,more particularly bounded
and described as follows:
BEGINNING at a point on the northern side of East Elmwood Avenue, two hundred
ninety-three and twenty-six hundredths (293.26)feet East of the intersection of East
Elmwood Avenue and Shepherdstown Road, also at the dividing line between Lots
Nos. 1 and 2 on the hereinafter mentioned Plan of Lots; thence North 13 degrees 59
minutes West along the same, one hundred sixty-five and twenty hundredths (165.20)
feet to a point at line of lands now or late, referred to as Koser Park; thence North 73
degrees 45 minutes along the same, one hundredfifteen and nine hundredths (115.09)
feet to a point; thence South 13 degrees 59 minutes East, one hundred sixty-nine and
seventy-five hundredths (169.75)feet to a point on the northern side ofEast Elmwood
Avenue; thence South 76 degrees 01 minutes West along the same, one hundred fifteen
(115.00)feet to a point, the place of BEGINNING.
BEING Lot No. 2 on a Plan No. 1 of Georgetown, recorded in Plan Book 20, Page 59,
Cumberland County records.
HAVING thereon erected a split-level dwelling house known as 305 East Elmwood
Avenue.
IT BEING the same premises which Martha G. Newmoyer by deed dated the 19th day
of October, 2010, and recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania, as instrument Number 201033236, granted and
conveyed unto Scott J. Miller and Jodi Miller, husband and wife.
The improvements thereon being known as 305 East Elmwood Ave.,Mechanicsburg,
PA 17055 (Tax Map 17-24-0787-143A).
SEIZED IN EXECUTION as the interest of Martha G. Newmoyer, in the subject
property, on Judgment No. 11-6410 Civil.
U.S.POSTAL SERVICE CERTIFICATE OF MAILING
$a
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL,DOES NOT .r.
PROVIDE FOR INSURANCE-POSTMASTER '+. p ti v
Received From L. C . Heim, E
345 E. Market 'street
York , PA 1740 ¢ 7 2
cp r� G
One piece of ordinary mail addressed to: °04j) -c to
Solomon Andemaria
W^ + Z' C» 00
' . •a r ve .
p7 -N'° Wi
iiy:7 i� -• V./ W D p
Pleasantville , NJ 08232` m
PS Form 3817,January 2001
U.S.POSTAL SERVICE CERTIFICATE OF MAILING
MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL,DOES �; 1 t n t•
PROVIDE FOR INSURANCE-POSTMASTER � ��u�'� +"'a�1
Received From: v rrt
L. C . Heim, Esquire 67 \\ %
345 E . Market Street
o r , • . 1 I s ..at;
o Z C
One piece of ordinary mail addressed to: \\ 3 �,O-p Vl
Martha G. Newmoyer ;- `°- � ■>�oo
651 Mountain Laurel Lane ." ,-• m �Wn��
York, PA 11402
•
PS Form 3817,January 2001
its is
s '
hf
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson FILEr -OF FI
t-lC<4
Sheriff .•, � O F TH. � PROTHONOTARY
Jody S Smith a ?Ii MAY - PM2:'
Chief Deputy q
�
Richard W Stewart CUMBERLAND COUNTY
Solicitor O=f.C_ rT ES'kERI€r PENNSYLVANIA
Martha G. Newmoyer
vs. Case Number
Jodi Miller (et al.) 2011-6410
SHERIFF'S RETURN OF SERVICE
11/12/2013 Ron R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and
inquiry for the within named Defendant, to wit: Jodi Miller, but was unable to locate the Defendant in his
bailiwick. He therefore deputized the Sheriff of York County to serve the within Real Estate Writ, Notice
and Description, in the above titled action, according to law.
01/06/2014 07:50 PM - Deputy Dawn Kell, being duly sworn according to law, states service was performed by
posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the
above titled action, upon the property located at 305 East Elmwood Ave, Mechanicsburg, PA 17055,
Cumberland County.
01/06/2014 07:50 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Real Estate Writ,
Notice and Description, in the above titled action, by making known its contents and at the same time
personally handing a true copy to a person representing themselves to be the Defendant, to wit: Scott J
Miller at 305 East Elmwood Avenue, Mechanicsburg, PA 17055, Cumberland County.
02/14/2014 The requested Real Estate Writ, Notice and Description, in the above titled action, served by the Sheriff
of York County upon Jodi Miller, personally, at 318 Kormit, Red Lion, PA 17356. So Answers: Steven
Diehl, Deputy Sheriff.
03/12/2014 As directed by L.C. Heim, Attorney for the Plaintiff, Sheriffs Sale Continued to 4/9/2014
04/09/2014 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, 1 Courthouse Square, Carlisle, PA 17013, on April 9, 2014 at 10:00
a.m. He sold the same for the sum of $ 1.00 to Attorney L.C. Heim, on behalf of Martha G. Neymoyer,
being the buyer in this execution, paid to the Sheriff the sum of $
SHERIFF COST: $896.59
SO ANSWERS,
April 14, 2014 RONNY R ANDERSON, SHERIFF
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(c) CountySu::e Sheriff. T'eleosoft. Inc.
On November 12, 2013 the Sheriff levied upon the
defendant's interest in the real property situated in
Mechanicsburg Borough,, Cumberland County, PA,
Known and numbered as, 305 East Elmwood Avenue,
Mechanicsburg, as Exhibit "A" filed with this writ and by
this Reference incorporated herein.
Date: November 12, 2013
By:
Real Estate Coordinator
L` .g d 8- NN f101
LXIII 4 CUMBERLAND LAW JOURNAL 01/24/14
Writ No. 2011-6410 Civil Term
Martha G. Newmoyer
vs.
Jodi Miller
Scott J. Miller
Atty.: L.C. Heim
By virtue of Writ of Execution No.
11-6410 Civil, MARTHA G. NEW-
MOYER vs. SCOTT J. MILLER and
JODI MILLER.
ALL that tract of land, situate in
Mechanicsburg Borough, Cumber-
land County, PA, being known as Lot
NO.2 on a Plan NO.1 of Georgetown,
recorded in Plan Book 20, Page 59,
Cumberland County, and more fully
described in Deed dated October
19,2010, and recorded November 15,
2010 in the Office of the Recorder
of Deeds of Cumberland County,
PA, as Instrument No. 201033236,
having an address of 305 East Elm-
wood Ave., Mechanicsburg Bor-
ough, Mechanicsburg, PA (Tax Map
17-24-0787-143A). Improvements
thereon of the lot, judgment amount
$183,084,31.
64
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:
January 24, January 31, and February 7, 2014
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.
1�
Lisa Marie Coyne, E4itor
SWORN TO AND SUBSCRIBED before me this
7 day of February, 2014
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BOROUGH, CUMBERLAND C0IJNTY
My Commission Expires Apr 28, 2014
The Patriot -News Co.
2020Techno(ogy Pkwy
Suite 300
Mechanicsburg, PA 17050
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE
PA 17013
thepatriogews
Now you know
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Marianne Miller, being duly sworn according to law, deposes and says:
That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the
Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday
Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State
aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949,
respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said
Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as
to the time, place and character of publication are true; and
That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted 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.
2011-6410 Civil Term
Martha G. Newmoyer
Vs'
Jodi Miller
Scott J Miller
Atty: L.C. Heim
By virtue of Writ of Execution No. 11-
6410 Civil
MARTHA G. NEWMOYER vs.
SCOTT J. MILLER and JODI
MILLER
ALL that tract of land, situate in
Mechanicsburg Borough, Cumberland
County, PA, being known as Lot NO.2
on a Plan NO.1 of Georgetown,
recorded in Plan Book 20, Page 59,
Cumberland County, and more fully
described in Deed dated October
19,2010, and recorded November 15,
2010 in the Office of the Recorder of
Deeds of Cumberland County, PA,
as Instrument No. 201033236, having
an address of 305 East Elmwood
Ave., Mechanicsburg Borough,
Mechanicsburg, PA (Tax Map 17-
24-0787-143A). Improvements
thereon of the lot, judgment amount
$183,084,31.
This ad ran on the date(s) shown below:
01/19/14
01/26/14
02/02/14
Sworn
ubscribed before me this
f February, 2i 14 A.D.
COMMONWEALTH OF PENNSYLVANIA
Not:rIF'! Scot
Holly Lynn wrrfct, Notary Public
Wasr!ngton Twp., 0-uphln County
My Cemm1^aioa_ lrrs 1?�?c.1$„9Qi6 .
MEMBER,P€NNMiVANIAil3ebt.tAit t ti ktfr ES
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
} SS:
I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the
Sheriff's Deed in which Martha G Newmoyer is the grantee the same having been sold to said grantee
on the 9th day of April A.D., 2014, under and by virtue of a writ Execution issued on the 7th day of
November, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Tenn, 2011
Number 6410, at the suit of Martha G Newmoyer against Scott J & Jodi Miller is duly recorded as
Instrument Number 201409320.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this
day of
, A.D. 070/'
74_41
ecorder of Deeds
Recorder sf Deeds, Cumberland County, Carlisle, PA
My Commission Expires the First Monday of Jan. 2018