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HomeMy WebLinkAbout11-6972Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE MAIL STATION OTALLON, MO 63368-2240 Plaintiff V. RANDY A. HAYS SANDRA K. HAYS 403 C STREET CARLISLE, PA 17013-1834 Defendants r+ ATTORNEY FOR PLAINTIFF 275812 COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. \?, 1D- l-j P Cjv't\ CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 275812 ?02MP4 &h1 ck-?nica?y erg (44yya NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 275812 Plaintiff is CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE MAIL STATION O'FALLON, MO 63368-2240 2. The name(s) and last known address(es) of the Defendant(s) are: RANDY A. HAYS SANDRA K. HAYS 403 C STREET CARLISLE, PA 17013-1834 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 07/25/2003 RANDY A. HAYS and SANDRA K. HAYS made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR LEHMAN BROTHERS BANK, FSB A FEDERAL SAVINGS BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1827, Page 2224. The PLAINTIFF is now the mortgagee and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified File #: 275812 by written notice sent to Mortgagor, the entire principal balance and all interest due 6. thereon are collectible forthwith. The following amounts are due on the mortgage as of 07/04/2011: Principal Balance $74,966.17 Interest $1,672.25 02/01/2011 through 07/04/2011 Late Charges $118.70 Mortgage Insurance Premium / $104.64 Private Mortgage Insurance Subtotal $76,861.76 Escrow Credit 226.77 TOTAL $76,634.99 7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 275812 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $76,634.99, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: lh52?) -1/ (NI44-140 ff. 1111ZLa) 9551Q, Attorney for Plaintiff File #: 275812 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground located in the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at the Northwest intersection of Franklin Street and 'C' Streets as the same appears on the Plan of Lots of William H. Bittinger, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 4, Page 111, thence along the North side of 'C' street, North 80 degrees 30 minutes West 75 feet to a point; thence by land now or formerly of Katharin Salsich, North 9 degrees 30 minutes East, 150 feet to a point on the South side of a proposed public alley; thence by the South side of a proposed public alley, South 80 degrees 30 minutes East, 75 feet to a point on the Western side of Franklin Street; thence along the Western side of Franklin Street, South 9 degrees 30 minutes West, 150 feet to a point, the place of BEGINNING. Described according to a survey dated April 26, 1965, by Noel B. Smith, Registered Professional Surveyor. THE above-described lot of ground has thereon erected a dwelling house which has the mailing address and is known and numbered as 403 'C' Street, Carlisle, Pennsylvania 17013. BEING the same premises which KEYSTONE FINANCIAL BANK, N.A., Successor to Farmers Trust Services Company, Executor of the Last Will and Testament of Richard B. Lackey, late of the Borough of Carlisle, by deed dated April 14, 2000 and recorded April 17, 2000, in the Cumberland County Recorder of Deeds Office in Deed Book '219', Page 470, granted and conveyed unto RANDY A HAYS, a married man. SANDRA K. HAYS joins in this transfer to convey any and all equitable rights which she acquired in the property as a result of her marriage to RANDY A. HAYS. This is a transfer from Husband to Husband and Wife and exempt from realty transfer tax. PROPERTY ADDRESS: 403 C STREET, CARLISLE, PA 17013-1834 PARCEL # 06-19-1643-330 File #: 275812 VERIFICATION Dara R. Dug er, hereby states that he/she is Document Control Officer of, CTTIMORTGAGE, INC., Plaintiff in this matter, that he/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: Dara R. Dugger DATE: August 26, 2011 Title: Document Control Officer CITIMORTGAGE, INC. File #: 275812 Name: HAYS File #: 275812 SHERIFF'S OFFICE OF CUMBERLAND COUNTY r'f _-C VI ` Ronny R Anderson . !l?i Sheriff i ' ?a???tr ?t ??t?h6,?ef?ld? {31 I S r? Jody S Smith 26 PM Chief Deputy' ?'A^ - , Richard W Stewart FEhLAr1ED GOWji Solicitor CITIMORTGAGE, Inc. Case Number vs. 2011-6972 Randy A. Hays (et al.) SHERIFF'S RETURN OF SERVICE 09/22/2011 10:15 AM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on September 22, 2011 at 1015 hours, he was unable to serve a true copy of the within Complaint In Mortgage Foreclosure, upon the within named defendant, to wit: Randy A. Hays. After several attempts the occupants of 403 C Street, Carlisle, Pennsylvania 17013 are avoiding service and will not answer the door. 09/22/2011 10:15 AM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on September 22, 2011 at 1015 hours, he was unable to serve a true copy of the within Complaint In Mortgage Foreclosure, upon the within named defendant, to wit: Sandra K. Hays. After several attempts the occupants of 403 C Street, Carlisle, Pennsylvania 17013 are avoiding service and will not answer the door. SHERIFF COST: $56.00 September 22, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson i; ' r ° Sheriff 0?,??tir at L?urryrr?? ? Jody S Smith '? -n 1 s r T Chief Deputy- ?Richard W Stewart BERLAND CGUl'y Solicitor OFFICE F 1-E 5-£RtFF P- it"i S Y LVAt' I A CITIMORTGAGE, Inc. Case Number vs. Randy A. Hays (et al.) 2011-6972 SHERIFF'S RETURN OF SERVICE 10/06/2011 07:45 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on October' 6, 2011 at 1945 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Sandra K. Hays, by making known unto Michael Frengel, adult in charge at 125 Meals Drive, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct copy of the same. S A SHAL UTY 10/07/2011 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: Randy A. Hays, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Randy A. Hays. Request for service at 125 Meals Drive, Carlisle, Pennsylvania 17015 the Defendant was not found. Randy A. Hays is thought to be residing at 403 C Street, Carlisle, Pennsylvania 17013, but is avoiding service. SHERIFF COST: $55.00 October 07, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF (6 GountySuite Sheriff. Teleosoft. Inr.. i Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 1617 JFK Boulevard, Suite 1400 tl , -? All !0: gg,DACo ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION vs. CUMBERLAND COUNTY RANDY A. HAYS SANDRA K. HAYS Defendants No. 11-6972-CIVIL PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE ® m da *? X10.( ??/ja TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN H LUN'XN & S04MIEG, LLP 9-LaWr'ence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schrryt?g, Esq., Id. No. 62205 ? Michele M radford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 nay . Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Cantwell, Esq., Id. No. 308912 ? Mario J. Hanyon, Esq., Id. No. 203993 Attorneys for Plaintiff Date: October 25, 2011 /mig, Svc Dept. File# 275812 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq., Id. No. 308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Plaintiff vs. RANDY A. HAYS SANDRA K. HAYS Defendants ?= ??,? D-D? t• iCE it- ; HE PPO H0N0TAr, t 2012 FEB -6 AN 9* 28 CUMBERLAND COUNTY PENNSYLVANI A ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY No. 11-6972-CIVIL PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE Ck?1?11S3??S l TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN WAN & SCHMIEG, LLP By: V wrence T. Phelan, Esq., Id. No. 32227 ncis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Jay B. Jones, Esq., Id. No. 86657 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Cantwell, Esq., Id. No. 308912 ? Mario J. Hanyon, Esq., Id. No. 203993 ? Andrew J. Marley, Esq., Id. No. 312314 ? Yobert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq., Id. No. 308877 Attorneys for Plaintiff Date: February 3, 2012 /tam, Svc Dept. File# 275812 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 2012 MAP -2 PM 2: 21 CUMBERLAND CIOUNT\i/ PENNSYLVANIA ** A M F N D F D ** CITIMORTGAGE, Inc. vs. Randy A. Hays (et al) Case Number 2011-6972 SHERIFF'S RETURN OF SERVICE 11/30/2011 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: Randy A. Hays, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Randy A. Hays. Request for service at 125 Meals Drive. Carlisle, Pennsylvania 17015 the Defendant was not found. 11/30/2011 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: Randy A. Hays, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Randy A. Hays. Request for service at 36 W. Pomfret Street, Apartment 1, Carlisle, Pennsylvania 17015 the Defendant was not found. Deputies were advised by the owner of this building, they have never heard of Randy A. Hays. SHERIFF COST: $66.00 SO ANSWERS, 22 eo"'? K;" N - ? November 30, 2011 RON R ANDERSON, SHERIFF w L'f , THE OTHONOTA ,, CITIMORTGAGE, INC., 2012 APR 19 PM Plaintiff CUMBERLAND irar°? 'T}° luaw V. PEraM IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT RANDY A. HAYS and SANDRA K. HAYS, Defendants NO. 2011-6972 CIVIL TERM IN RE: MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT ORDER OF COURT AND NOW, this teday of April, 2012, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is ordered and directed that service of the Complaint in this case upon Defendant, Randy A. Hays, may be made (1) by first- class and certified mail at the last known addresses of Mr. Hays, 403 C Street, Carlisle, Pennsylvania 17013 and 36 West Pomfret Street, Apartment 1, Carlisle, Pennsylvania 17013, service to be deemed complete upon mailing; (2) by posting the Complaint on the most public portion of the property located at 403 C Street, Carlisle, Pennsylvania 17013; and (3) by publication once in the Cumberland County Law Journal and once in a newspaper of general circulation in Cumberland County, Pennsylvania, in the form directed by the applicable Pennsylvania Rules of Civil Procedure and Cumberland County Rules of Procedure. SUBSEQUENT papers may be served by first-class mail to Defendant at the aforesaid C Street address with service to be deemed complete upon mailing. PLAINTIFF shall file of record proof of service as evidence of compliance with the requirements set forth in this Order. BY THE COURT, 1 Thomas A. Pikey, C.P.J. Distribution: ana Ostrovsky, Esq. Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 For Plaintiff ./dandy A. Hays 403 C Street Carlisle, PA 17013 Defendant pro se ,-Kandy A. Hays 36 West Pomfret Street Apartment 1 Carlisle, PA 17013 Defendant pro se ?Sandra K. Hays 403 C Street Carlisle, PA 17013 Defendant pro se (courtesy copy) ,--S'andra K. Hays 125 Meals Drive Carlisle, PA 17015 Defendant pro se (courtesy copy) k/1! 41! 2 PHELAN HALLINAN & SCHMIEG, LLP John Michael Kolesnik, Esq., Id. No. 308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Plaintiff vs. RANDY A. HAYS SANDRA K. HAYS Defendants AN 10: 1 CUMBERLAND COUNTY : (UR C7F6ON PLEAS : CIVIL DIVISION CUMBERLAND COUNTY No. 11-6972-CIVIL PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. & SCHMIEG, LLP By: Michael Kolesnik, Esq., Id. No. 308877 nev for Plaintiff Date: May 2, 2012 JMK/myh, Svc Dept. File# 275812 ba117,5, 4 ut{, Phelan Hallinan & Schmieg, LLP John M. Kolesnik, Esq., Id. No. 308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Plaintiff VS. RANDY A. HAYS SANDRA K. HAYS Defendants ATTORNEYS FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 11-6972-CIVIL AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER ca r-.a ? -it ? 3? T, " cnr A r7 cs -? a CD to 1 I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to the following persons, RANDY A. HAYS, at 403 C STREET, CARLISLE, PA 17013-1834 and 36 W POMFRET ST, APT 1, CARLISLE, PA 17013-3216 on May 9, 2012, in accordance with the Order of Court dated April 19, 2012. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: May 9, 2012 Phelan i ieg, LLP By: John . olesnik, Esq., Id. No. 308877 A ey for Plaintiff Jhk/kpl 275812 PHELAN HALLINAN & SCHMIEG, LLP John M. Kolesnik, Esq., Id. No. 308877 1617 JFK Boulevard`, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Plaintiff vs. 2°12 € lii EE.IIyLAN U C0U PE111 N SYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY RANDY A. HAYS SANDRA K. HAYS Defendants No. 11-6972-CIVIL PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. & SCHMIEG, LLP By: Date: June 1, 2012 /mig, Svc Dept. File# 275812 M. Kolesnik, Esq., Id. No. 308877 ney for Plaintiff }? U ?. a w, l 119S?t1 DA (Z? a7la?u?/ Phelan Hallinan & Schmieg, LLP John M. Kolesnik Esq., Id. No. 308877 ATTORNEYS FOR r' 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza `0OU Philadelphia, PA 19103' ct95i?? 215-563-7000 CITIMORTGAGE, INC. Plaintiff VS. COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY RANDY A. HAYS SANDRA K. HAYS No. 11-6972-CIVIL Defendants AFFIDAVIT OF SERVICE BY PUBLICATION IN ACCORDANCE WITH COURT ORDER I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated April 19, 2012 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(1) in The Sentinel on May 11, 2012 and the Cumberland Law Journal on May 18, 2012. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. DATE: May 30, 2012 Phelan HaJlinpn & Schmieg, LLP By: Jo . Kolesnik, Esq., Id. No. 308877 ney for Plaintiff 17 JFK Boulevard, Suite 1400 One Penn Center Plaza. Philadelphia, PA 19103 215-563-7000 PHS 4 275812 KPL 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 away 1 t5, LU i z 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. is Marie Coyne ditor SWO TO AND SUBSCRIBED before me this 18 day of May, 2012 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. 11-6972 CIVIL CITIMORTGAGE, INC. vs. RANDY A. HAYS, SANDRA K. HAYS NOTICE TO RANDY A. HAYS: You are hereby notified that on September 8, 2011, Plaintiff, CITI- MORTGAGE, INC., filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of CUMBERLAND County, Pennsylva- nia, docketed to No. 11-6972 CIVIL. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 403 C STREET, CARLISLE, PA 17013 whereupon your property would be sold by the Sheriff of CUMBERLAND County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. YOU SHOULD TAKE THIS NO- TICE 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 INFORMA- TION 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 RE- DUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 May 18 NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. 13 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland j,lckie Cox, Sales Director, of The Sentinel, of the Countv and State aforesaid, being 1tv01-11, deposes and says that THE SENTINEL, a newspaper of general circulation horough of Carlisle, County and State aforesaid, was established December 1311,, ? I nce 1vhich date THE SENTINEL has been regu larly issued in said CountN, and I h printed notice or publication attached hereto is exactly the same as was printe(.l ant published in the regular editions and issues of HE SENTINEL on the following day(s): ? [av 11, 2012 OPI.' OF NOTICE OF PUBLICATION NOTICE OF ACTION IN MORTGAGE FORECLOSURE . IN THE COURT OF COMMON PLEAS CIVIL ACTION LAW ERLAND COUNTY, PENNSYLVANIA COURT OF COMMON PLEAS CITIMORTGAGE, INC. VS. RANDY A. HAYS SANDRA K. HAYS CIVIL DIVISION CUMBERLAND COUNTY NO. 11-6972 CIVIL NOTICE TO: RANDY A. HAYS: INC., filed a mortgage Foreclosure Complaint CITIMORTGAGE You are hereby notified that on 9/8111 e mmon Pleas of CUMBERLAND County ,inst Plaintiff, you in the you in the Court of of urt Co , secured on your endorsed with 8 Notice to Defend, ag our property would be sold by the Sheriff of 72 Penn Nate 3 S0.1 CARL SLE, PA Wherein 170113 whereup seeks ty foreclose on the mortgage Mope rty s from the date of this CUMBERLAND County. you are hereby notified to plead to the above referenced Complaint on or before 20 day publication or a Judgment will be entered against you. NOTICE tions ranee personally or by. attorney and fileyour d, )u and a judgment ec without you and n?VjW to defend, youourt mustenterawrittenaPpy the plaintiff. You may lose money or in wing with the c You are warned that if you fail to so the case may proceed may be entered against you wiit out yortuher nonce for the relief requested by AT ONCE. IF YOU DO NOT HAVE A LAW YV R,H O TO OR property Or C ther = tights N BELOW, THIS OFFICE CAN OU WITH INFORMATION YOU SHOULD TAKE THIS NE SOTICE TO ET FORTHUR LAWYER PROVIDE Y TELEPHONE THE AWY ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A ? REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBE32 SOUTHOBEUNTY BAR ASS DFORD STREO TIATION CAR800)990.9108 13 Affiant further deposes that he/she i interested in the subject matter of the aforesaid notice or advertisement, and all allegations in the foregoing statem to time, place and character ()f puhhcs J(ru . 1. ?.? L Sworn to and subscribed before me t' Notary' PtIHIC My commission expires: 1 , AFFIDAVIT OF SERVICE - CUMBERLAND KPL PLAINTIFF CITIMORTGAGE, INC. DEFENDANT RANDY A. HAYS SERVE AT: 403 C STREET CARLISLE, PA 17013-1834 ***PLEASE POST THE PROPERTY*** ***IN ACCORDANCE WITH THE***** ***ATTACHED COURT ORDER****** COUNTY: CUMBERLAND COURT NO. 11-6972-CIVIL ° 25? TYPE OF ACTI(f?1F-N SYL%4AN1 XX Mortgage Foreclosure Eviction XX Civil Action Complaint on Promissory Note Served Posted and made known RANDY A. HAYS, Defendant on the 1 day ofy 20_1 _a- at Jcl? 30 o'clock, . M., at 403 C STREET. CARLISLE. PA 17013-1834, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name/relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s), Agent or person in charge of Defendant's office or usual place of business. _ _ an office of said defendant company. Other:_JaM ? . Q -PAU--M_DM1C. Description: Age Height Weight Race Sex Other 1, el_% I- M? -coj, a competent adult, being duly sworn according to law, depose and state that I personally posted a true and correct copy of the Complaint in Mortgage Foreclosure issued in the captioned case on the date and the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. See. 4904 relating to unsworn falsification to authorities. DATE: L P7 II -?- NAME: i './ .. MOAAA?? PRINTEIgAME: 06'00 TITLE: "Cz dsw %w4gv_. 7?-rrrcnw I flar:iocgS On the day of , , 20_, at _ o'clock _. M., Defendant NOT FOUND because: _ Vacant _ Does Not Exist Moved - Does Not Reside (Not Vacant) No Answer on at at Service Refused Other: 275812 FILED-OFFICE LF THE PROTHONOTARY PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff Matthew Brushwood, Esq., Id. No.310592 2012 JUL 25 AM 10*- 51 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza CUMBERLAND COUNTY Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. VS. RANDY A. HAYS SANDRA K. HAYS CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION : No 11-6972-CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against RANDY A. RAIS, and SAN &S, Defendant(s) for failure to file an Answer to Plaintiff s Comp lant wi 20 days fibm service thereof and for foreclosure and sale of the mortgaged premises, and as Plaintiffs damages as follows: As set forth in Complaint TOTAL $76,634.99 $76,634.99 I hereby certify that (1) the Defendants' last known addresses are 403 C STREET, CARLISLE, PA 17013-1834,36 W POMFRET STREET, APARTMENT 1, C ?t?i LE, PA 17013-3216, and 125 MEALS DRIVE, CARLISLE, PA 17015-3187, and (2) thace h as been given in acc dance with Rule Pa.R.C.P 237.1. Date atth' B wood, Esquire Attorney or Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: CC: DREW F. DEYO, ESQUIRE PHS # 275812 PROTHONOTARY wA P'd N'1 19689 7 Z-W 141A 2 . ;ja e? PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. : CUMBERLAND COUNTY VS. : COURT OF COMMON PLEAS RANDY A. HAYS CIVIL DIVISION SANDRA K. HAYS No 11-6972-CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney fur the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knc of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service o 2ief e Unites States or its Allies, or otherwise within the provisions of the Servicemembers Civil Act i Congress of 1940, as amended. (b) that defendant RANDY A. HAYS is over 18 years of age and resides at 403 STREET, CARLISLE, PA 17013-1834 and 36 W POMFRET STREET, APARTMENT 1, CARLISLE, PA 17013-3216. (c) that defendant SANDRA K. HAYS is over 18 years of age and resides at C STREET, CARLISLE, PA 17013-1834 and 125 MEALS DRIVE, CARLISLE, PEA 17015- 3187. This statement is made subject to the penalties of 18 Pa. C.S. Section, 4904 relating to unworn falsification to authorities. Date mod, Esquire Plaintiff 27581 (Rule of Civil Procedure No. 236) - Revised CITIMORTGAGE, INC. CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS RANDY A. HAYS SANDRA K. HAYS CIVIL DIVISION No. 11-6972-CIVIL Notice is given that a Judgment in the above captioned matter has beken entered against you on By: If you have any questions concerning this matter please contact: Phelan Hallinan & Schmieg, LLP Matthew Brushwood, Esquire Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DE*T AND ANYINFORMATIONOBTAINED WILL BE USED FOR THAT PURPOSE HI YOU HAVE PREVIOUSLYI ECEIVED A DISCHARGE IN BAN UPTCY, THIS I NOT A SHOULD NOT RE CONSTRUED TO BEANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIEN AGAINST PROPERTY** 2758 n I CITIMORTGAGE, INC. COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff V. NO. 11-6972-CIVIL RANDY A. HAYS CUMBERLAND COUNTY SANDRA K. HAYS Defendant(s) TO: RANDY A. HAYS 403 C STREET CARLISLE, PA 17013-1834 DATE OF NOTICE- THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO{ DLLECT A DEBT. NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN B UPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN, AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WR=N APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH TkE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ACT WIT IEN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY JBErERED AG AINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTTHER 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. THO OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HUMG A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE LE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA, LIM! By: Attorney for Plaintiff Phelan Hailinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 275812 MAW MAW- *110 CITIMORTGAGE, INC. V. RANDY A. HAYS SANDRA K. HAYS Plaintiff Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 11-6972-CIVIL CUMBERLAND COUNTY TOi RANDY A. HAYS 36 W POMFRET ST, APT I CARLISLE, PA 17013-3216 DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED R THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN B UPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED O BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN'', AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A 'WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRrfM WIM COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAM SET' FORTH AGAINST YOU. YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE EN' ED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY R 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 HERE A LAWYER, THIS OFFICE MAY BE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL ERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 PHS # 275812 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 By: Attorney for _ 'ff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 CITIMORTGAGE, INC. V. Plaintiff RANDY A. HAYS SANDRA K. HAYS Defendant(s) TO:? SANDRA K. HAYS 403 C STREET CARLISLE, PA 17013-1834 DATE OF NOTICE:-, ? COURT OF COMMON PLEAS CIVIL DIVISION NO. 11-6972-CIVIL. CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS PIOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USTEDTHAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN CY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUAN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN 'AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO EIV'TER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRI IIS WTI Ti TH1E COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ACT WITHN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY 7BEM AG AINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. LF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. T79p OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BI ?IE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL VICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 PHS # 275812 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUS; 2 LIBERTY AVENUE CARLIS.F` -? By; Attorney for Plaintiff Phelan Hallinan & Schrtaeg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 ? dy ? ??4= 4 CL ?i? -.?.>hy? M `t '[ ? +?k?'.t .:.N`r' •a5?r.. j CITIMORTGAGE, INC. COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff V: NO. 11-6972-CIVIL RANDY A. HAYS CUMBERLAND COUNTY SANDRA K. HAYS Defendant(s) TO: SANDRA K. HAYS 125 MEALS DR CARLISLE, PA 17015-3187 DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE MEM DNESS REF?RM TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED 6rm THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DOGE IN B Uf'TCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED Tp BE AN .A?'ITEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN (AGAINST PROPERTY. T YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTE-N APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH TkE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY O 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 TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL 5?CES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARD' ; X M:3 . 166 Attorney Plaintiff Phelan roan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS 11275812 i CrrIMORTGAGE, INC. V, COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION RANDY A. HAYS SANDRA K. HAYS Defendant(s) TO; SANDRA K. HAYS C/O DREW F. DEMO, ESQUIRE 155 S. HANOVER STREET CARLISLE, PA 17013 DATE OF NOTICE: _21-1? .I V- NO. 11-6972-CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED O BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. ?TaNT' NOM YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A j WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH 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 R MRTANT 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 WPTH INFORMATION ABOUT FIRING 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 fi RVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 (717) 240-6195 PHS # 275812 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CA1tLI { 166 F.. Esquire Attorney Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 n A Y I ., P1-_- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 11-6972 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC., Plaintiff (s) From RANDY A. HAYS and SANDRA K. HAYS (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 inotify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $76,634.99 L.L.: Interest from 7/26/12 To Date of Sale ($12.60 per diem) -- $1,675.80 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $369.25 Other Costs: Plaintiff Paid: Date: 8/31/12 David D. Buell, Prothonota (Seal) Deputy REQUESTING PARTY: Name:. ALLISON F. WELLS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 309519 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CITIMORTGAGIE, INC. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION RANDY A. HAY SANDRA K. HAYS Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Inerest from 07/26/2012 to Date of Sale ($ 2.60 per diem) TOTAL NO.: 11-6972-CIVIL CUMBERLAND COUNTY C') c -03 rnW r. rn $76,634.99 =? G c-3 ,)r- w ? o $1,675.80 < > - C-) 13b z C) X4 0 $78,3 10. - - - < n Hallinan S ieg, LLP Allison F. Wells, Esq., Id. o.309519 Attorney for Plaintiff Note: Ple4se attach description of property. PHS # 275 12 4ole.5o !gyp A 5(o . oo CBS' 15S.00 !r(o. oo 9a. oo " U. 75 11.'15 ''' I1.'!5 '', ti. -5o *61.c25 tWdD 60 Jaa 173 2, o2$OD 5 auori -a r as r-- cn a 7 ?"' d ? Cz o. a ? cn w w a oa r ?, v 0 U W O A W A 13 U ? 0 W s . W D 0 0 0 w rn ?' ? p tiu AA a cs a? a° \? w -" a W d I ? ? "^ d PHELAN HALLINAN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Plaintiff V. RANDY A. HAYS SANDRA K. HAYS Defendant(s) Attorneys for Plaintiff : COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-6972-CIVIL : CUMBERLAND COUNTY C") c - ?. - CERTIFICATION '?? '" _, = =Z rn The undgrsigned attorney hereby states that he/she is the attorney for the Plaintiff tw a abov e ioned matter and that th6 premises are not subject to the provisions of Act 91 because: r?--x ? s?• "? x 3 c?-r€ ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant - () Act 91 procedures have been fulfilled (,) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. y: Ilinan & chmieg, LLP Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff 1 CITIMORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 11-6972-CIVIL RANDY A. HAYS SANDRA K. HAYS Defendant(s) CUMBERLAND COUNTY PHS # 275812 AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMO> TGAGE, INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution vpas filed, the following information concerning the real property located at 403 C STREET, CARLISLE, PA 17013- 1834. I . Name andladdress of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) C') ' C RANDY A. HAYS 403 C STREET "oxv X - CARLISLE, PA 17013-1834 xm o:X C c'5 t° -Orn 36 WEST POMFRET STREET, APT 1 r -ZA•C ::Q b C3 's CARLISLE, PA 17013-3216 ~ -C =-n ' n 3 SANDRA K. HAYS 125 MEALS DR 5? '.?. CARLISLE, PA 17015-3187 Z t? 3> -C -.a --C 2. Name and ;address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and !last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) WAYPOINT BANK 449 EISENHOWER BLVD. HARRISBURG, PA 17111 5. Name and 4ddress of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENA14T/OCCUPANT 403 C STREET CARLISLE, PA 17013-1834 Commonwealth of Pennsylvania Bureau of 6th Floor, Strawberry Sq. Individu$I Taxes Inheritance Tax Division Dept 280601 Harrisburg, PA 17128 Department of Public Welfare, TPL Casualty P.O. Box 8486 Unit, Est$te Recovery Program Willow Oak Building Harrisburg, PA 17105 Domestic Relations of 13 North Hanover Street Cumberl#nd County Carlisle, PA 17013 Common}vealth of Pennsylvania P.O. Box 2675 Department of Welfare Harrisburg, PA 17105 Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 U.S. Department of Justice 228 Walnut Street, Suite 220 U.S. Attorney for the Middle District of PA PO Box 11754 Federal Building Harrisburg, PA 17108-1754 DREW F.1,, DEYO, ESQUIRE 50 EAST HIGH STREET CARLISLE, PA 17013 SANDRA K. HAYS , 155 S. HANOVER STREET F. DEMO, ESQUIRE C/O DRE CARLISLE, PA 17013 I verify t' at the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. S Date: LLP Allison F. s, Esq., Id. No.309519 Attorney for Plaintiff CITIMORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. : NO.: 11-6972-CIVIL RANDY A. HAYS SANDRA K. DAYS : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY rqw r- TO: RAND A. HAYS RANDY A. HAYS Zo C.) ?c--) 403 C STREET 36 W POMFRET ST, APT 1 --ire CARLISLE, PA 17013-1834 CARLISLE, PA 17013-3216 _ SAND" K. HAYS 125 MEALS DR -{ -J CARLISLE, PA 17015-3187 **THIS FIRM S A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USE FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS N T AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 403 C STREET, CARLISLE, PA 17013-1834 is scheduled to be sold at the Sheriffs Sale o4 12/05/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $76,634.99 obtained by CITIMORTGAGE, INC. (the mortgagee) agaist you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The dale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment l1was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. Youmay also be able to stop the sale through other legal proceedings. You inq need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stoppin? the sale. (See notice on page two on how to obtain an attorney.) ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIG IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have tI* right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of Jhe money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The 4hedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOUL TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER O1 CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-6972-CIVIL CITIMQRTGAGE, INC. VS. RAND A. HAYS SAND $A K. HAYS owner(s) of property situate in the BOROUGH OF CARLISLE, Cumberland County, Pennsyll'ania, being (Municipality) 403 C S REET CARLISLE PA 17013-1834 Parcel o. 06-19-1643-330 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $76,634.99 Phelan H llman & Schmieg, LLP Attorney f?r Plaintiff 1617 JFK oulevard, Suite 1400 Philadelph at, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground located in the Fifth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at the Northwest intersection of Franklin Street and 'C' Streets as the same appears on the Plan of Lots of William H. Bittinger, recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Boo 4, Page 111, thence along the North side of 'C' street, North 80 degrees 30 minutes West 75 feet to a point; t ence by land now or formerly of Katharin Salsich, North 9 degrees 30 minutes East, 150 feet to a point on t e South side of a proposed public alley; thence by the South side of a proposed public alley, South 80 degre 30 minutes East, 75 feet to a point on the Western side of Franklin Street; thence along the Western ide of Franklin Street, South 9 degrees 30 minutes West, 150 feet to a point, the place of BEGINNING. Described according to a survey dated April 26, 1965, by Noel B. Smith, Registered Profess?o0al Surveyor. THE above-described lot of ground has thereon erected a dwelling house which has the mailing address and is known 4nd numbered as 403 'C' Street, Carlisle, Pennsylvania 17013. TITLE T SAID PREMISES VESTED IN Randy A. Hays and Sandra K. Hays, h/w, by Deed from R dy A. Hays and Sandra K. Hays, h/w, dated 06/02/2003, recorded 06/05/2003 in Book 257, PagO 2208. PREMISES BEING: 403 C STREET, CARLISLE, PA 17013-1834 PARCEL NO. 06-19-1643-330 ,- ti _-T~ ' ~. '.~~~ ..r. fit'}: ~ '. Phelan Hallinan & Schmieg, LLP _ .. -~ ~ ~~ r `; ~ <` . Justin F. Kobeski, Esq., Id. No.200392 ,~ 1 F`,,,~ C~7~,RNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 _ ~ , ~ ~ ! ~ ,- ; ~ One Penn Center Plaza ' ~' "' Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Plaintiff Court of Common Pleas Civil Division v. CUMBERLAND County RANDY A. HAYS SANDRA K. HAYS No.: 11-6972-CIVIL Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on September 8, 2011. 2. Judgment was entered on July 25, 2012 in the amount of $76,634.99. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriff s Sale on December 5, 2012. 275812 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $74,966.17 Interest Through December 5, 2012 $7,258.69 Per Diem $10.78 Late Charges $118.70 Legal fees $1,300.00 Cost of Suit and Title $1,517.89 Property Inspections $229.50 Property Preservation $2,566.50 Mortgage Insurance Premium/ Private Mortgage Insurance $680.16 Escrow Deficit $5,653.04 TOTAL $94,290.65 6. Plaintiff paid the following in property preservation during the time the loan was in default: 1/23/2012 WINTERIZATION $250.00 1/23/2012 PHOTOS $18.00 1/23/2012 PADLOCK $40.00 1/23/2012 LOCK/REKEY $60.00 2/2/2012 UTILITIES $35.00 2/2/2012 WINTERIZATION $300.00 2/2/2012 LOCK/REKEY $60.00 3/2/2012 MAINTENANCE $120.00 3/2/2012 PHOTOS $4.50 3/2/2012 WASTE REMOVAL $40.00 3/14/2012 MAINTENANCE $100.00 3/14/2012 PHOTOS $3.00 5/11/2012 PHOTOS $6.00 5/11/2012 LAWN CARE $175.00 5/18/2012 PAYMENT ($45.00) 6/ 1 /2012 LAWN CARE $175.00 6/4/2012 LAWN CARE $175.00 6/20/2012 LAWN CARE $175.00 7/16/2012 LAWN CARE $175.00 8/1/2012 LAWN CARE $175.00 275812 8/23/2012 LAWN CARE 9/7/2012 LAWN CARE 9/19/2012 LAWN CARE TOTAL $175.00 $175.00 $175.00 $2,566.50 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiffis entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 9. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on November 5, 2012 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 11. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Thomas A. Placey entered an order for Motion for Service Pursuant to Special Order of Court dated April 19, 2012 . WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: Phelan Hallinan & Schmieg, LLP By: Jus F. obes ', Esquire A ORNEY FOR PLAINTIFF 275812 Phelan Hallinan & Schmieg, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Plaintiff v. RANDY A. HAYS ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County SANDRA K. HAYS No.: 11-6972-CIVIL Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE RANDY A. HAYS and SANDRA K. HAYS executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiff s Note was secured by a Mortgage on the Property located at 403 C STREET, CARLISLE, PA 17013-1834. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriff s Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are 275812 outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. SteQhenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mort age Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 33 5 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 82b (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, 275812 Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). 275812 However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffls sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiff s interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 275812 VI. ATTORNEY'S FEES The Plaintiff s foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shoppin Cg enter, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee often percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attomey's fee often percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff s legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 275812 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 275812 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. 275812 Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff s Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: 1 ~ i ~ ~ ~'~ Phelan Hallinan & Schmieg, LLP By: Justi . Kobeski, Esquire Attorney for Plaintiff 275812 Exhibit "A" 275812 i , ~r~.~a-o~~rc~ ~~ t~ paoTt~RY PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff Matthew Bn~shwood, Esq., Id. No.310592 2D1~ ~. 25 AM 10~ 5 ~ 1617 JFK Boulevard, Suite 1400 One Pena Center Plaza CUMdERLANi3 G NTY Philadel PA 19103 PENNSYLVANIA P~ 215-563-7000 CTTIMORTGAGE, INC. CUMBERLAND COUNTY vs. COURT OF COMMON PL)N$AS RANDY A. HAYS CIVIL DIVISION SANDRA K. HAYS No 11-6972-CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER ANfl A3SI~SSI~N'1' OF DACES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against ~ SA_.____IC~~ SA,Y3. Defendant(s) for failure to file an Answer to Plai~rtiil's eosn faint wi 20 days fl~,m service thereof and for foreclosure and sale of the mortgaged premise ,and as Plaintiff s damages as follows: As set forth in Complaint TOTAL $76,634.99 576,634.99 I hereby certify that (1) the Defendants' last known addresses are 403 C S ~ ET, CARLISLE, PA 17013-1834, 36 W POMFRET STREET, APARTMENT 1, C ISLE, PA 17013-3216, and 125 MEALS DRIVE, CARLISLE, PA 17015-3187, and (2) that has ban given in acc with Rule Pa.R.C.P 237.1. Date B wood, E wire Attorney or Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: CC: DREW F. DEYO, ESQUIRE ens ~ rrset2 ~, .' PROTHONOTARY ~.~.scpd C,~, 17bQ 9 ~.~'.~2 , ~~~ ~~ Exhibit "B" 275812 PHELAN HALLINAN & SCHMIEG, LI_,P 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215)563-7000 FAX#: (215) 563-3459 Phelan I-Iallinan & Schmieg, LI,P Representing Lenders in Pennsylvania and New Jersey November 5, 2012 DREW F. DEYO, ESQUIRF, i55 S. HANOVF,R STREET CARLISLE, PA 17013 RANDY A. IIAYS SANDRA K. HAYS 403 C STREE'T' CARLISI,F,, PA 17013-1834 RE: CITIMORTGAGE, 1NC. v. RANDY A. HAYS and SANDRA K. HAYS Premises Address: 403 C STREET CARLISLE, PA 17013 CUMBERLAND County CCP, No. 11-6972-CIV1I: Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 11/12/2012. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please he guided accordingly. Very in~ly y rs. Jus ' ~. K c~ski, Esq., Id. No.200392 At nev 1=or Plaintiff Enclosure 275812 ,,~ £Ot81. ~~dZ ~~ xo: ~~, ~''s ~° ~~~~ ~- ~~ 4~~ r , f ~ ~ ~ __ .., O ..+ V iL N u p. ..~ a ~ ~ r ~ w ~.~= a~! a ~, ~v~TQ Y .~~~a~~ ~~~~ a~ ~a~~ L z* ~~ ~ 5_ Z4O a 00 Phelan Hallinan & Schmieg, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Plaintiff v. RANDY A. HAYS SANDRA K. HAYS ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.:ll-6972-CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. DREW F. DEYO, ESQUIRE 155 S. HANOVER STREET CARLISLE, PA 17013 DATE: Phelan Hallinan & Schmieg, LLP By: Justi . Kobes ', Esquire ATTORNEY FOR PLAINTIFF 275812 CITIMORTGAGE, INC., Plaintiff v. RANDY A. HAYS and SANDRA K. HAYS, Defendants ~ Of ~~ IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT 2011-06972 CIVIL TERM MORTGAGE FORECLOSURE IN RE: PLAINTIFF'S MOTION TO REASSESS DAMAGES ORDER OF COURT AND NOW, this 21st day of November 2012, upon consideration of Plaintiff's Motion to Reassess Damages, a Rule is issued upon Defendants to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days from the date of this order. BY THE COURT, Thomas lacey C.P.J. Distribution List: /Justin F. Kobeski, Esq. r;_, 1617 JFK Boulevard, Suite1400 = ~ ~_, ;: -~ ~ ~ ` ~ ~ Philadelphia, PA 19103 ,;~ "-~ ~ -~ _,, °- ~: -, . y- ~ M~ , ~/ Drew F. Deyo, Esq. 1 ~. .,,_ Cv, ~; 155 S. Hanover Street ~::~~~=, _"-; Carlisle, PA 17013 ~ ` ~~ t~-'='~ 1 / ~p~es h~cc,~%~ l ~ /a~/ia ~_, ~-- PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff Meredith Wooters, Esq., Id. No.307207 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. Plaintiff, v. RANDY A. HAYS SANDRA K. HAYS Defendant(s) ' ~._ , ,._ " ~~} t 1 . :-~ ~__ _ _ cam: __ _ :~. ~_ ~__ - c~ .x, . .. - CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: 11-6972-CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is atta ed hereto Exhibit "A". Meredith Wooters, Esquire ~~ Attorney for Plaintiff Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff s Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 275812 CITIMORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. NO.:11-6972-CIVIL RANDY A. HAYS SANDRA K. HAYS . Defendant(s) CUMBERLAND COUNTY PHS # 275812 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE, INC.> Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 403 C STREET, CARLISLE, PA 17013- 1834. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) RANDY A. HAYS 403 C STREET CARLISLE, PA 17013-1834 36 WEST POMFRET STREET, APT 1 CARLISLE, PA 17013-3216 SANDRA K. HAYS 125 MEALS DR CARLISLE, PA 17015-3187 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) WAYPOINT BANK 449 EISENHOWER BLVD. HARRISBURG, PA 17111 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 403 C STREET CARLISLE, PA 17013-1834 Commonwealth of Pennsylvania Bureau of 6th Floor, Strawberry Sq. Individual Taxes Inheritance Tax Division Dept 280601 Harrisburg, PA 17128 Department of Public Welfare, TPL Casualty P.O. Box 8486 Unit, Estate Recovery Program Willow Oak Building Harrisburg, PA 17105 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA Federal Building DREW F. DEYO, ESQUIRE SANDRA K. HAYS C/O DREW F. DEYO, ESQUIRE DREW F. DEYO, ESQUIRE P.O. BOX 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 50 EAST HIGH STREET CARLISLE, PA 17013 155 S. HANOVER STREET CARLISLE, PA 17013 155 S. HANOVER STREET CARLISLE, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: `~ I ~ ~ sy: P a~n~Halli~}nan & Schmieg, LLrP Attor ey o~r" P_la~i ttiff " ~~J ~~ .. ~~ ~~ ~ ~ z ~ ~ °, ~ ~' -r a ~ " ``° ,'- c ti ~~~ ~~y ~~ ~ ~-~' ~. ~~ &~ ~ ~~ ~. 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C C? : O 4 O Q 4 <3. p G~ ~ '" 0 4. ~ ~h to r ' w w ~hh, cQ c ~ ~ %41~~ ~~~~~~~Za~ ~ F" ~ " {~~~ ~ i^It ~L~ ?' ~ b L . e y t ~ 6 -~ ~+. cv ~ p ~ ,_ a0r10~ ~W~1I yL~ ~~f'. ~p~. ,,,y_~ ("'z { ,! `` ~ ~ fy~{ f~, C ~? ~ ~% ~ ^.~ ~~o.~ A 4 s~ ~a a ~ ~ ^: b~gm Fe m ~ _p~~ f~ ~~ ~~ ~a J C 7 7 S n i Phelan Hallinan, LLP t. ~~"JT`{~~i#s1~T~~~..~:. Zachary Jones, Esq., Id. No.31 ~,~ D~~ _~ ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 140 Q~ ~~~ ~ ~ One Penn Center Plaza ~;~,f~~~~~~ f~~~ ~~~~~,~~ Philadelphia, PA 19103 ~: C~~~tS Yl.~/~N1A 215-563-7000 CITIMORTGAGE, INC. Court: of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County RANDY A. HAYS SANDRA K. HAYS No.: 11-6972-CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's November 21, 201.2 Rule directing the Defendants to show cause as to why Plaintiff s Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. DREW F. DEYO, ESQUIRE 155 S. HANOVER STREET CARLISLE, PA 17013 DATE: G ~ v ~ By: Phelan sq., Id. No.310721 ntiff 275812