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HomeMy WebLinkAbout11-7752PHELAN HALLINAN & SCHMIEG, LLP Lauren R. Tabas, Esq., Id. No.93337 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 r?-13 215-563-7000 U? try f ? t =; 279172 CITIMORTGAGE, INC. ?=??ul'L,'ArlaA , 1000 TECHNOLOGY DRIVE MAIL STATION O'FALLON, MO 63368-2240 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM v. NO. I1-175 SAMANTHA J. MILLER 752 ERFORD ROAD CAMP HILL, PA 17011-1125 Defendant bViI CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 0 0 Qe?Pd ? urn sce ??ae se?g File #: 2791?2 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 k 279172 1. Plaintiff is CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE MAIL STATION OTALLON, MO 63368-2240 2. The name(s) and last known address(es) of the Defendant(s) are: SAMANTHA J. MILLER 752 ERFORD ROAD CAMP HILL, PA 17011-1125 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 02/06/2008 SAMANTHA J. MILLER made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR COMMERCE BANK/HARRISBURG, N.A. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200803793. 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 04/01/2011 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 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 279! 72 6. The following amounts are due on the mortgage as of 08/20/2011: Principal Balance $116,860.97 Interest $1,031.34 03/01/2011 through 08/20/2011 Late Charges $98.03 Mortgage Insurance Premium / $178.96 Private Mortgage Insurance Escrow Deficit $1,174.66 TOTAL $119,343.96 7 8 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974 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. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $119,343.96, 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. HALLINAN & SCHMIEG, LLP By; La6ren R. Tabas, Esquire Attorney for Plaintiff File #. 2791'2 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the westerly line of Erford Road, (East), which point is 357.75 feet North of the Northwesterly corner of Erford Road (East), and Dulles Drive (Ease), and at dividing line between Lots Nos. 14 and 14X, Block T, on the hereinafter mentioned Plan of Lots; thence along said diving line South 63 degrees 32 minutes West 148.78 feet to a point at the dividing line between Lots Nos. 20 and 14X, Block T, on said Plan; thence along said dividing line, North 11 degrees 38 minutes 45 seconds East, 32.61 feet to a point at the diving line between Lots Nos. 13 and 14X, Block 'J', on said Plan; thence along said dividing line, North 53 degrees 00 minutes East, 126.01 feet to a point on the western line of Erford Road (East), aforesaid; thence along same, South 37 degrees 00 minutes East 3.04 feet to a point; thence along same in an arc having a radius of 250 feet in a Southerly direction to the right, 45.96 feet to a point, the place of BEGINNING. BEING premises known as 752 Erford Road, formerly known as 1606B Erford Road(East), and having thereon erected a two story brick and frame dwelling. BEING Lot 14X, Block T, Plan No. 7 of Ridley Park, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 15, Page 56. TOGETHER with the right in common to use the partition wall with owner and occupier of adjoining premises. 2 File #: 2791`2 BEING the same premises which Robert J. Laughner, by his deed dated February 5, 2008 and intended to be recorded herewith, granted and conveyed unto Samantha J. Miller, owner/mortgagor herein. PROPERTY ADDRESS: 752 ERFORD ROAD, CAMP HILL, PA 17011-1125 PARCEL # 09-16-1050-198 File #: 2791 72 VERIFICATION ?Vnl2h GYetmDli Aohereby states that he/she is 00MA"Mcorwd ! CITIMORTGAGE, 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. DATE: Name:s,Ln0.h GYOLmolffl0 Title: Filet 279172 Name: MILLER CITIMORTGAGE, INC. File k 2791 72 PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff Robert W. Cusick, Esq., Id. No.80193 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. CUMBERLAND COUNTY vs. COURT OF COMMON PLEAS SAMANTHA J. MILLER CIVIL DIVISION No. 11-7752-CIVIL C - `-; --{ • ? ? p S"Ll r1 ? r PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO :coo ANSWER AND ASSESSMENT OF DAMAGES ? TO THE PROTHONOTARY: CJ .re m. s Kindly enter judgment in favor of the Plaintiff and against SAMANTHA J. MILLER, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint TOTAL $119,343.96 $119,343.96 I hereby certify that (1) the Defendant's last known address is 752 ERFORD ROAD, ce with Rule CAMP HILL, PA 17011-1125, and (2) that notice has been ZZ Pa.R.C.P 237.1. Date Esquire rney for Plaintiff Atto DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: d h-6/11 PHS # 279172 PROTHONOTARY # 14.00 PO AT P4 c,-* if Sol/ &aj#8t#g1 1jc. &i?la? 279172 PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff Robert W. Cusick, Esq., Id. No.80193 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. CIVIL DIVISION SAMANTHA J. MILLER No. 11-7752-CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant SAMANTHA J. MILLER is over 18 years of age and resides at 752 ERFORD ROAD, CAMP HILL, PA 17011-1125. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date Aje?' Robertsick, Esquire Attorney for Plaintiff ----------- ------ 279172 CITIMORTGAGE, INC. COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff V. NO. 11-7752-CIVIL SAMANTHA J. MILLER CUMBERLAND COUNTY Defendant(s) TO: SAMANTHA J. MILLER 752 ERFORD ROAD CAMP HILL, PA 17011-1125 DATE OF NOTICE: November 28. 2011 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. PHS # 279172 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: -Yjo?lj illiam E. Miller, Esquire Attorney for Plaintiff' Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS ## 279172 i (Rule of Civil Procedure No. 236) - Revised CITIMORTGAGE, INC. CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS SAMANTHA J. MILLER CIVIL DIVISION No. 11-7752-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on /a t5 ll By: If you have any questions concerning this matter please contact: Robert W. Cusick, 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 DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY. ** WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-7752 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC. Plaintiff (s) From SAMANTHA J. 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 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: $119,343.96 L.L.: $.50 Interest from 12/16/11 to Date of Sale ($19.62 PER DIEM) - $3,413.88 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $180.00 Other Costs: Plaintiff Paid: Date; 2/14/12 David D. Buell, Prothonotary (Seal) cB ?:ZP - -r - Deputy REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK, ESQUIRE Address: PHEL,AN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 308877 PR.AECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CITIMORTGAGE, INC. Plaintiff v SAMANTHA J. MILLER Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 12/16/2011 to Date of Sale ($19.62 per diem) TOTAL CUMBERLAND COUNTY 343.9 $119 6 , rn CO -n $3,413.88 -r' r 'j - M co -V r _ . .c- " " C3 > C7 ? ""r7 ° CJ ?1 $122757.84 Q Phe n Hallinan & Schmieg, LLP J Michael Kolesnik, Esq., Id. No.308877 ttornev for Plaintiff Note: Please attach description of property. PHS # 279172 S: ar?? $ ag , sa ?d 4 3. oo C.?? Raa-? k4 lu, o0' a, SC ? . 5c) Ck-?I S396?'?' assays COURT OF COMMON PLEAS CIVIL DIVISION / NO.: 11-7752-CIVIL Wlt?- cK QEjThV6! .., q p ? T a o hod ? xOa s, (^3 kn Q U1 r- 1? Q O Z W Oa U W ? S.+ ?O W4,- C) r Q w ?U 00 oc> O M a? Ew J w r.? G LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in. East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the westerly line of Erford Road, (East), which point is 357.75 feet North of the Northwesterly corner of Erford Road (East), and Dulles Drive (East), and at dividing line between Lots Nos. 14 and 14X, Block T, on the hereinafter mentioned Plan of Lots; thence along said diving line South 63 degrees 32 minutes West 148.78 feet to a point at the dividing line between Lots Nos. 20 and 14X, Block'J', on said Plan; thence along said dividing line, North 11 degrees 38 minutes 45 seconds East, 32.61 feet to a point at the diving line between Lots Nos. 13 and 14X, Block 'J', on said Plan; thence along said dividing line, North 53 degrees 00 minutes East, 126.01 feet to a point on the western line of Erford Road (East), aforesaid; thence along same, South 37 degrees 00 minutes East 3.04 feet to a point; thence along same in an arc having a radius of 250 feet in a Southerly direction to the right, 45.96 feet to a point, the place of BEGINNING. BEING premises known as 752 Erford Road, formerly known as 1606-B Erford Road (East), and having thereon erected a two story brick and frame dwelling. BEING Lot 14X, Block 'J', Plan No. 7 of Ridley Park, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 15, Page 56. TOGETHER with the right in common to use the partition wall with owner and occupier of adjoining premises. TITLE TO SAID PREMISES VESTED IN Samantha J. Miller, by Deed from Robert J. Laughner, dated 02/05/2008, recorded 02/07/2008 in Instrument Number 200803792. PREMISES BEING: 752 ERFORD ROAD, CAMP HILL, PA 17011-1125 PARCEL NO. 09-16-1050-198 PHELAN HALLINAN & SCHMIEG, LLP John Michael Kolesnik, Esq., Id. No.308877;; Fr Y 1617 JFK Boulevard, Suite 1400 a?-?ti? -: One Penn Center Plaza Philadelphia, PA 19103 2012 FEB 14 10: 4 ,01 715-563-7000 CITIMORTGAGE, INC. Plaintiff v. SAMANTHA J. MILLER Defendant(s) CUMBERLAND COUNTY PENNSYLVANIA CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION NO.: 11-7752-CIVIL : CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) 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. By: P an Hallinan & Schmieg, LLP hn Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff CITIMORTGAGE, INC. Plaintiff V. ` SAMANTHA J. MILLER Defendant(s) P ROTi-iONOW 2912 FE-6 ! t, W 10' 40 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-7752-CIVIL CUMBERLAND COUNTY PHS # 279172 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 752 ERFORD ROAD, CAMP HILL, PA 17011-1125. 1 2. 3. 4. 5. Name and address of Owner(s) or reputed Owner(s): Name SAMANTHA J. MILLER Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 752 ERFORD ROAD CAMP HILL, PA 17011-1125 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 752 ERFORD ROAD CAMP HILL, PA 17011-1125 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: /2 By: Lallinan & Schmieg, LLP hael Kolesnik, Esq., Id. No.308877 for Plaintiff CITIMORTGAGE, INC. SAMANTHA J. MILLER C" "i F' O I?OfdO ?AF?` ? 2 FEB 14 AM 10: 41 r;'-1t1ft*RLAND COUNTY PENNSYLVANIA : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION : NO.: 11-7752-CIVIL Defendant(s) : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SAMANTHA J. MILLER 752 ERFORD ROAD CAMP HILL, PA 17011-1125 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 752 ERFORD ROAD, CAMP HILL, PA 17011-1125 is scheduled to be sold at the Sheriff's Sale on 06/06/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $119,343.96 obtained by CITIMORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the westerly line of Erford Road, (East), which point is 357.75 feet North of the Northwesterly corner of Erford Road (East), and Dulles Drive (East), and at dividing line between Lots Nos. 14 and 14X, Block'J', on the hereinafter mentioned Plan of Lots; thence along said diving line South 63 degrees 32 minutes West 148.78 feet to a point at the dividing line between Lots Nos. 20 and 14X, Block'J', on said Plan; thence along said dividing line, North 11 degrees 38 minutes 45 seconds East, 32.61 feet to a point at the diving line between Lots Nos. 13 and 14X, Block'J', on said Plan; thence along said dividing line, North 53 degrees 00 minutes East, 126.01 feet to a point on the western line of Erford Road (East), aforesaid; thence along same, South 37 degrees 00 minutes East 3.04 feet to a point; thence along same in an arc having a radius of 250 feet in a Southerly direction to the right, 45.96 feet to a point, the place of BEGINNING. BEING premises known as 752 Erford Road, formerly known as 1606-B Erford Road (East), and having thereon erected a two story brick and frame dwelling. BEING Lot 14X, Block'J', Plan No. 7 of Ridley Park, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 15, Page 56. TOGETHER with the right in common to use the partition wall with owner and occupier of adjoining premises. TITLE TO SAID PREMISES VESTED IN Samantha J. Miller, by Deed from Robert J. Laughner, dated 02/05/2008, recorded 02/07/2008 in Instrument Number 200803792. PREMISES BEING: 752 ERFORD ROAD, CAMP HILL, PA 17011-1125 PARCEL NO. 09-16-1050-198 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-7752-CIVIL CITIMOR.TGAGE, INC. vs. SAMANTHA J. MILLER owner(s) of property situate in the TOWNSHIP OF EAST PENNSBORO, Cumberland County, Pennsylvania, being (Municipality) 752 ERFORD ROAD, CAMP HILL, PA 17011-1125 Parcel No. 09-16-1050-198 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $119,343.96 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 41 PLAINTIFF CITIMORTGAGE, INC. DEFENDANT SAMANTHA J. MILLER SERVE SAMANTHA J. MILLER AT: 752 ERFORD ROAD CAMP HILL, PA 17011-1125 PHS # 279172 _ SERVICE TEAM/ Ixh ! 5 ? 2 1; Ii1! _ gH COURT NO.: 11-7752-CIVIL')ELADCOUNTY TYPE OF ACTION -?,,ENOYLVANIA XX Notice of Sheriff's Sale SALE DATE: June 6, 2012 SERVED _ Served and made known to SAMANTHA J. MILLER, Defendant on th4l "7day of - _, 20 07; at ;30, o'clock _40. M., at 15-1 F--QFDFLD RD, 9 tHltt PA, in the manner described below: V Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). - Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. _ Other: _ Descri tion: Age S Height ! -! _ Weight 3 y Race Sex F Other 1, D ?, a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject nalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. --yy/ DATE: d` -)4 NAME: _ PRINTED NAME/n:_ O lU l ? t-d LL- _ TITLE: P (lU G(&'5 Jc-ufA NOT SERVED On the day of 20at_ o'clock_. M., Defendant NOT FOUND because: Vacant Does Not Exist _ Moved _ Does Not Reside (Not Vacant) _ No .Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF AFFIDAVIT OF SERVICE (FNMA) -,- CUMBERLAND COUNTY 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 L 0 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Fax 215-568-7616 Anastasia Graham Legal Assistant 'L E 0 - 0 I" F Ii,.; PROTHON 1012MAY 14 AM 9: CUMBERLAND COUNT' PENNSYLVANIA Representing Lenders in Pennsylvania and New Jersey Office of the Prothonotary No.: 11-7752-CIVIL Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: CITIMORTGAGE, INC. VS. SAMANTHA J. MILLER No.: 11-7752-CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 Dear Sir/Madam: Enclosed please find an Affidavit of Service Pursuant to Rule 3129.1 with the necessary attachments regarding the above matter. Thank you for your assistance in this matter. Should you have any questions, please do not hesitate to contact me. ***Please be advised that in the event the Plaintiff is not represented at the sale the sale is to be stayed or postponed.*** **Property is listed for the 06/06/2012 Sheriff Sale.** IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. Very truly yours, By: cc: Sheriff of CUMBERLAND County Phelan Hallinan & Schmieg, LLP Anastasia Graham, Legal Assistant PHS # 279172 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. Plaintiff, V. SAMANTHA J. MILLER Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: 11-7752-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 attached Exhibit "A". tt B hwood, Esquire Atto ey Plaintiff Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 279172 o tr CD c ?o M .? t?7?oNOO.v,v??.«o?. ?a A o '''? o NtrJw n ffi3ofD Ob???S@? Z' w $ C p 0-0 A'' e w O? eti !D td O N E Ir !?9 ti ~ A f?D I-+ NO O r b M? y ~? M C?LL/1,O ra 000 OA N? N `? eb y ce ro ?r y w 5p ¦- t ??. w v d S ?, a ? A Vi A ? ? Q gal y W ? p ? - ? ' oa . ? ? a Irr?ww a sg? ? N v' O d p C G d O3 ? n ? n 0 . 3 t?'1 N q 6 =x t7 a'd.o E.o 0. q n 9 'f A m qG_.°5• . C D n ? d ?i c ^ Q O ? 0>>4 O. y p' n 0 co ? CD 0 CM?9 co n go c ov A t+ O r- O 'C = lLFD-0FFICr' THE PR0TH01; OTA. `' RICHARD F. ~FETT, JR., ESQUIRE PA35630 2201 North Second Street Harrisburg, PA 17110 717-233-4160 Attorney for Defendant CITI NORTE , INC. Plaintiff V SAI MAKI 1 J. KILLM Defendant 26 12MAY 24 PM 1: 47 CUMBERLAND COUNTY PENNSYLVANIA IN WX LY ' OF COMM PLXS P 'L t I71 C me"Luf COMM NO. 11-7752-CIVIL CIVIL ACTION - LAW MW , this 24th day of may, 2012, comes the Defendant, SAMANTHA J. MILLER, by her attorney, Richard F. Maffett, Jr., Esquire, and submits this Emergency Motion To Continue Sheriff's Sale, and in support thereof, avers the following: 1. Defendant is the owner of real property located at 752 Erford Road, Camp Hill, Cumberland County, PA, 17011. 2. On February 6, 2008, Defendant entered into a mortgage which pledged the aforesaid premises as security for said mortgage. 3. Defendant fell behind on her mortgage payments because she lost her job. 4. Plaintiff filed a Complaint In Mortgage Foreclosure and on December 15, 2011, Judgment was entered against Defendant. 5. Sheriff's Sale in execution upon the aforesaid Judgment has been scheduled for June 6, 2012. for Plaintiff, who indicated he does not oppose nor concur with Defendant's motion to continue the Sheriff's Sale. 19. Other than as stated herein, no previous continuances nor stays of a Sheriff's Sale in this matter have been granted or requested. 20. A stay of the scheduled June 6, 2012 Sheriff's Sale in the above-captioned matter until after August 1, 2012 is necessary to prevent the imminent and irreparable harm to Defendant described herein above. 21. Continuance of the Sheriff's Sale in this matter until after August 1, 2012 is in the interests of justice. !''O ., the Defendant, SAMANTHA MILLER, respectfully requests Your Honorable Court to grant her a continuance of the Sheriff's Sale scheduled for June 6, 2012 in the above-captioned matter, until the next scheduled Sheriff's Sale after August 1, 2012. Respectfully submitted, U? Richard F. Maffett, Jr., Esq. 4 Fax Server 5/16/2012 9:55:38 AM PAGE 1/003 Fax Server PB MAN HAZ,LINAN & S 1C , LLP 1617 IM , 9 ft UW Ono Aaon CoabcPIt Phis6opw PA 14103 Pbooo 2L5,%3-7000 Fax (W) 115-MI-7616 E nIst. FCResoh pl &wM F'NO - setn Resolution Dspsrtment May 10, 2012 Re: C INC. v. MEANT" r.>?c LLER 752 W RD ROAD CAMP HILL, PA 17011-1125 Loan A. 7IIt0W9109 To Whom It May Concern: R@PMMAV Lenders in Penneplvanis A Now Jersey In asoondw" w1h Your erwerrt nqueet, please find a as pent tyre In 11110 &Mot of *13AW.07, which Is the WOW moded to bring the account cwrentw1h CITtLIO*TG14M . Funds mgt be recolwad In outrofilme by Jute 5, 2012 In ordw to process and forward to ourdient. Upon subnriling payment, please note flue following: • Wuaorral dWb VIII not be accepted. COrtflsd funds pfd fran a hank and money ondots. TO company and Mornay aeeeow scownta cludoh ale No accoo able. All choda asset be aeetde payable to the mori~ cdaepanyalOW above, and fonwrdsd to 101 n HeNnan A Sc hraft I.I.P. We noomroand oft ovsntlgift mall to ensure that your peyiwrt ti recal ed tinily. It yam Inimawl to deliver payment In pennon, please cal to sohadnle on appointment. • ineduge account number an the dieck for preps Wentillcatlon. • It Is Ocesiblathat additional a Venditurn mesy be Incwnd by eWar the more caitrtpaleyorOk flan In the If0firn pe"W between the 1laaagm t tl snit OW to tea Mantas are tendered. In brief avant, only the FULL; raelMillrt will lie plod, Accapionae of the Ibnda Is contingent upon acanpiete nwiew byourclient if you Mould have any questions, please fed free to contact ourotfics. Sincerely, Phelan Mafton i Schn g, LLP Foredoaure ft sduben Dsperhnent Piw..aim.& u.rYn"aMWc6wzp..jr.grmi"adelLAVkhomAmmWA%dwWWmWA&W"pN"M& ate..a.iMrsw?l i alai 661 aaataa unkIiiwOWPOWI airt=alb mMotlralea?l tau= 26000 t.widnir'iK, I MA rY wAaamma! araa= melt 1 a.1. Axvt*w M4d&=.mi=`? ww.a.lir-taPaayi.La.?.?i?a.r,iMaa.a?.,ai ed .y q ace.i,gra .....Rin.a?rler?TiM14rn51tiswiss.X=D%A .. ii.?w..eiaa¦, wM,?ii a t.yv'1. aaatwr ?irriy i? wiiii?EwnwYi+ew ?aa tiro i'rl e? irokls a.a.61L Plre a¦sas irMwlrMre,w:iili? to aiaakfrrlerAi?l?irr?irtBrrdr?t EXHIBITA Fax Server 5/16/2012 9:55:38 AM PAGE 2/003 Fax Server 11.1.4 Mto PMLAN RALMAN & SC MG, LLP 1617 7FK BoaWm , 9W0 140D on pan Coder Para pWWsl0* PA 19103 pbm 215-M-7000 Feat (215) ?.15-368.7616 Em l: PCResgldiao?bdpibaoom RWasenting Landers In Pennsylvania i Now imey- NA : SA NTHA J. MLLER ACCT. - 20OW76109 DATE: 1$, 2012 Good Thnaugt: June 5, 2012 9 Plpmenb Due @ $577.11 6 P ab Due @ $715.90 L c Chr es Property Impectiions MID Pmpet'ty Preservation Escsmw Obwt lge Suspense credit Sbedff Ctrion Pt y of CUMBERLAND County Cosa MwWcf CUirt IM AND County Costs Additilvaaa Foreclosure Costs Apo M Fees Core Advaaoe I>o1i11lBeie>? Funds TOTAL $5,193.99 $4,294.90 $98.03 S20150 $90.00 $0.00 $0.00 $0.00 $'264.02 $144.00 $1,543.00 $330.00 $1,300.00 $0.00 $13046$.07 riiiiiwrAk=LLlimaltai?sraM?i?A•cdkda "Amrbdmwmd •araaradwilirmd*r"prp.a irairtsw Lairiaarrt?t leiaanwapaaao?i?dadia?ei'artLw?Ne?i tabs= A?ate4i?aE?i?? awri?t? !! irt?b r??rawab rras rIgary1*" ?.1 ZmN4W ..lq?rw rr?r=1,••?w..aaiie.l.?llY?t.?yrW.1 ir.rr.w.iewais ebwkis ai?Ma PYar faire it Ilr,wdMdwa•imm%pmaiarai2l9 W "fttrI a" do Ai.Wommmabaper...t EXHIBIT A Fax Server 5/16/2012 9:55:38 AM PAGE 3/003 Fax Server FOLD HERE SAMANTHA J. MRIM 732 IRPOOD ROAD CAW 1fil, FA 19011-1125 FOLD HERE EXHIBITA y ERIE FAMILY LIFE INSURANCE COMPANY 100 ERIE INSURANCE PLACE ERIE, PA 16530 CERTIFICATE ERIE FAMILY LIFE INSURANCE COMPANY certifies that the purchase payment for the following structured settlement has been paid in full, as evidenced by the issuance of this certificate. The specifics of the settlement are:. Certificate#: 608-345 Effective Date: 05/25/2004 Payee's Name: SAMANTHA JO MILLER Birth Date: 08/01/1986 296 OLD STONEHOUSE ROAD CARLISLE, PA 17013, Schedule of Payments Lump Sums Payment Date Age Amount ------------------ -------------- ----- ------------ Guaranteed 08/01/2006 20 $10,500 Guaranteed 08/01/2008. 22 $10,500 Guaranteed 08/01/2010 24 $10,500 Guaranteed 08/01/2012 26 $10,500 Guaranteed 08/01/2014 28 $10,500 Guaranteed 08/01/2016 30 $129,422 Guaranteed Payout $181,922 Expected Payout : $181,922 * Upon the death of the payee, any unpaid guaranteed payments will be paid in accordance to the attached beneficiary designation. This certificate outlines the structured settlement payments. It is not a contract. The actual contract provisions will control. V MWA" WILLIAM A. WILLIAMS ASSISTANT VICE PRESIDENT AND MANAGER ERIE FAMILY LIFE INSURANCE COMPANY EXHIBIT 8 Settlement Acareement and Release A. On or about January 26, 2003, Samantha Miller was injured in an accident occurring at or near Carlisle, Pennsylvania. Claimants allege that the accident and resulting physical and personal injuries arose out of certain alleged negligent acts or omissions of the Insureds, and have made a claim seeking monetary damages on account of those injuries. B. Insurer is the liability insurer of the Insureds, and as such, would be obligated to pay any claim made or judgment obtained against the Insureds which is covered by its policy with the Insureds. C. The parties desire to enter into this Settlement Agreement in order to provide for certain payments in full settlement and discharge of all claims which have, or might be made, by reason of the incident described in Recital A above, upon the terms and conditions set forth below. Agreement The parties agree as follows: EXHIBIT C I I 1.0 Release and Discharge I 1.1 In consideration of the payments set forth in Section 2, Claimants hereby completely release and forever discharge the Insureds and Insurer.from any and all past,, present,,or future claims, demands, obligations, actions, causes of.action, wrongful death claims, rights, damages, costs, losses of services, expenses and compensation o.f any nature whatsoever, whether based on a tort, contract or other theory of recovery, which the Claimants now have, or which may hereafter accrue or otherwise be , acquired, on account of, or may in any way grow out of the c incident described in Recital A above, including, without limitation, any and all known or unknown claims for bodily and personal injuries to Claimants, or any future wrongful death claim of Claimants' representatives or heirs, which have resulted or may result from the alleged acts or omissions of the Insureds. 1.2 This release and discharge shall also apply to Insureds's and Insurer's past, present and future officers,. directors, stockholders, attorneys, agents, servants, representatives, employees, subsidiaries, affiliates, partners, predecessors and successors in interest, and assigns and all other persons, firms or corporations with whom any of the former have been, are now, or may hereafter be affiliated. 1.3 This release, on the part of the Claimants, shall be a fully binding and complete settlement among the Claimants, the Insureds and the Insurer, and their heirs, assigns and successors. 1.4 The Claimants acknowledge and agree that the release and discharge set forth above is a general release of their liability claim. Claimants expressly waive and assume the risk of any and all claims for damages which exist as of this date, EXHIBIT C but of which the Claimants do not know or suspect to exist, whether-through ignorance, oversight, error, negligence, or otherwise, and which, if known, would materially affect Claimants, decision to enter into this Settlement Agreement. The Claimants further agree that they have accepted payment of the sums specified herein as a complete compromise of matters involving disputed issues of law and fact. Claimants assume the risk that the facts or law may,be.other.than Claimants believe. It is understood and agreed to..by the parties that this f settlement is a compromise of a .doubtful and disputed claim, and the payments are not to be construed as an admission of liability on the part of the Insureds, by whom liability is expressly denied. 1.5 This release does not preclude the Claimants from pursuing any applicable Underinsured Motorist claim. 2.0 Payments In consideration of the release set forth above, the Insurer on behalf of the Insureds agrees to pay to the individual(s) named below ("Payee(s)") the sums outlined in this Section 2 below: 2.1 Payments due at the time of settlement to the Claimants and their attorney: The sum of Thirty-Eight Thousand Three Hundred Thirty-Three Dollars ($38,333.00) on or before fourteen days from receipt of this fully and properly executed document and approval by the competent Court of local jurisdiction. The Claimants agree to pay from said sum attorney fees, costs and expenses incurred by or on their behalf in connection with the complaint and the settlement set forth herein, including payments to subrogees, if applicable. EXHIBIT C 2.2 Periodic Payments. Insurer agrees to make payment to Samantha Miller ""Payee" in the following manner: (i) Lump sum guaranteed payments: Ten Thousand Dollars ($10,000.00) paid on August 1, 2006; Ten Thousand Dollars ($10,000.00) paid on August 1, 2008; Fifteen Thousand'Dollars ($15,000.00) paid on August 1, 2010; Twenty Thousand Dollars ($20,000.00) paid on August 1, 2012; Twenty-Four Thousand One Hundred Twenty-Five Dollars ($24,125.00) paid on August 1, 2014; Thirty Thousand Dollars ($30,000.00) paid on August 1, 2016. All sums set forth herein constitute damages on account of personal injuries and sickness, within the meaning of Section 104(a) (2) of the Internal Revenue Code of 1986, as amended. 3.0 Claimant's Rights to Payments Claimants acknowledge,that the Periodic Payments cannot be accelerated, deferred, increased or decreased by the Claimants or any Payee; nor shall the Claimants or any Payee have the power to sell, mortgage, encumber, or anticipate the Periodic Payments, or any part thereof, by assignment or otherwise. 4.0 Payee Beneficiary Any payments to be made after the death of Payee, pursuant to the terms of this Settlement Agreement, shall be made to her named beneficiary. If no person or entity is so designated by Payee, or if the person designated is not living at time of the EXHIBIT C Payee's death, such payments shall be made to the estate of Payee. Payee may request in writing that Assignee change the payee and/or beneficiary designation under this Agreement. Assignee will do so but will not be liable, however, for any payment made prior to receipt of the request or so soon thereafter that payment could not reasonably be stopped. 5.0 Consent to Qualified Assignment 5.1 Claimants acknowledge and agree that the Insurer will make a "qualified assignment", within the meaning of Section 130(c) of the. Internal Revenue Code of 1986, as amended, of the Insurer's liability to make the Periodic Payments set forth in Section 2.2 to Allstate Assignment Company("the Assignee"). The Assignee's obligation for payment of the Periodic Payments shall be no greater than that of Insurer (whether by judgment or agreement) immediately preceding the assignment of the Periodic Payments obligation. 5.2 Such assignment shall be accepted by the Claimants without right of rejection and shall completely release and discharge the Insureds and the Insurer from the Periodic Payments obligation assigned to the Assignee. The Claimants recognize that the Assignee shall be the sole obligor with respect to the Periodic Payments obligation, and that all other releases with respect to the Periodic Payments obligation that pertain to the liability of the Insurer shall thereupon become final, irrevocable and absolute. 6.0 Right to Purchase an Annuity The Insurer, itself or through its Assignee, will fund the liability to make the Periodic Payments through the purchase of an annuity policy from Allstate Life Insurance Company. The Insurer or the Assignee shall be the sole owner of the annuity policy and shall have all rights of ownership. The Insurer or EXHIBIT C the.Assignee may have Allstate Life Insurance Company mail payments directly to the Payee(s). The Claimants shall be responsible for maintaining a current mailing address for Payee(s) with Allstate Life Insurance Company. 7.0 Discharge of Obligation The obligation of the Insurer and/or Assignee to make each Periodic Payment shall be discharged upon the mailing of a valid check in the amount of such payment to the designated address of the Payee(s) named in Section 2 of this Settlement Agreement. 8.0 Attorney's Fees Each party hereto shall bear all attorney's fees and costs arising from the actions of its own counsel in connection with this Settlement Agreement, the matters and documents referred to herein, and all related matters. 9.0 Representation of Comprehension of Document In entering into this Settlement Agreement the Claimants represent that they have relied upon the advice of their attorney, who is the attorney of their own choice, concerning the legal and income tax consequences of this Settlement Agreement; that the terms of this Settlement Agreement have been completely read and explained to Claimants by their attorney; and that the terms of this Settlement Agreement are fully understood and voluntarily accepted by Claimants. 10.0 Warranty of Capacity to Execute Agreement Claimants represent and warrant that no other person or entity has, or has had, any interest in the claims, demands, obligations, or causes of action referred to in this Settlement Agreement, except as otherwise set forth herein; that Claimants EXHIBIT C have the sole right and exclusive authority to execute this Settlement Agreement and receive the sums specified in it; and that Claimants have not sold, assigned, transferred, conveyed or otherwise disposed of any of the claims, demands, obligations or causes of action referred to in this Settlement Agreement. 11.0 Confidentiality The parties agree that neither they nor their attorneys nor representatives shall reveal to anyone, other than as may be mutually agreed to in writing, any of the terms of this Settlement Agreement or any of the amounts, numbers or terms and conditions of any sums payable to Payee(s) hereunder. 12.0 Governing Law This Settlement Agreement shall be construed and interpreted in accordance with the laws of the Commonwealth of Pennsylvania. 13.0 Additional Documents All parties agree to cooperate fully and execute any and all supplementary documents and to take all additional actions which may be necessary or appropriate to give full force and effect to the basic terms and intent of this Settlement Agreement. 14.0 Entire Agreement and Successors in Interest This Settlement Agreement contains the entire agreement between the Claimants, the Insureds and the Insurer with regard to the matters set forth in it and shall be binding upon and inure to the benefit of the executors, administrators, personal representatives, heirs, successors and assigns of each. EXHIBIT C 15.0 Effectiveness This Settlement Agreement shall become effective immediately following execution by each of the parties and upon approval by the competent Court of local jurisdiction. Claimant James L. Miller as parent and natural guardian of Samantha Miller, a Minor By : ?J- Date: 05/19/04 Claimant Stephanie L. Miller as parent and natural guardian of Samantha Miller, a Minor By: Date: 05/19/04 Claimants' Attorney Richard Meffetrt, Jr. By : ? /` Date: 05/19/04 Insurer Allstate Insurance XI By: 161 Title:, 1? ' / ? ?? Date : T '7-J-6 EXHIBIT C The undersigned hereby certifies that he served a true and correct copy of the foregoing upon by depositing same in the United States Mail, postage prepaid, addressed as follows: Joseph Schalk, Esquire Phelan, Hallinam & Schmeig, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 U\ Dated: y f? Richard F. Maffet Jr., Esq. CITI MORTGAGE, INC., Plaintiff V. SAMANTHA J. MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 11-7752 CIVIL TERM IN RE: DEFENDANT'S EMERGENCY MOTION TO CONTINUE SHERIFF'S SALE ORDER OF COURT AND NOW, this 25 h day of May, 2012, upon consideration of Defendant's Emergency Motion To Continue Sheriff's Sale, the motion is granted and the Sheriff's Sale scheduled for June 6, 2012, is stayed. The new date for the Sheriff s Sale is August 8, 2012, and it is further ordered and decreed that no new notices or advertising shall be required for this sale. BY THE COURT, /k A .. r fi?< Christyl L. Peck, J. ? Joseph Schalk, Esq. Phelan, Ha!llinam & Schmeig, LLP 1617 JFK Boulevard Suite 1400. One Penn Center Plaza Philadelphia, PA 19103 Attorney for Plaintiff Richard F. Maffett, Jr., Esq. 2201 North Second Street Harrisburg, PA 17110 Attorney for Defendant Cumberland County Sheriff's Office &p, cs Ka.'(ear Pic Y!' r TH POTHONOTARY 2JI2JUL-9 A :40 i"JIMBER AND COUNTY r" ENNSYL.VANIA Phelan Hallinan & Schmieg, LLP Zachary Jones, Esq., Id. No.310721 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County SAMANTHA J. MILLER No.: l l -7752-CIVIL Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on October 13, 2011. 2. Judgment was entered on December 15, 2011 in the amount of $119,343.96. 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 2791 which can be calculated from the complaint, i.e. bringing the interest current. However, new items', cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on August 8, 2012. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $116,860.97 Interest Through August 8, 2012 $3,160.43 Per Diem $6.03 Late Charges $98.03 Legal fees $1,300.00 Cost of Suit and Title $564.50 Property Inspections $189.00 Mortgage Insurance Premium/ Private Mortgage Insurance $268.44 Escrow Deficit $3,277.49 TOTAL $125,718.86 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy its proposed Motion to Reassess Damages and Order to the Defendant on June 27, 2012 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 27917 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmiee, LLP DATE: --7/ By: PLAINTIFF 2791 Phelan Hallinan & Schmieg, LLP Zachary Jones, Esq., Id. No.310721 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Plaintiff V. SAMANTHA J. MILLER Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-7752-CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE SAMANTHA J. MILLER executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 752 ERFORD ROAD, CAMP HILL, PA 17011-1125. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be 279172 cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed outdated and need to be adjusted to include current interest, real estate taxes, insurance premit costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mort in order to protect its interests. It is also appropriate to give Defendant credit for monthly paym tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp v Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co ofN.Y. v Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Col, 332 Pa. 545, 2 A.2d 2791 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. Th Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor i also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village 2791 Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on t] mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the 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 to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the 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. 2791 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. Vl. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton 2791 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. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred i 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 2791 foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment frond the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to tl 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. 279172 Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in thf 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 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 with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallit n & Schmiea. LLP DATE: By: uire 2791 Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP Robert W. Cusick, Esq., Id. No.80193 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. VS. SAMANTHA J. MILLER Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 11-7752-CIVIL -r -- - 4 C-) PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO p ANSWER AND ASSESSMENT OF DAMAGES r s : c? Y ? r. TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against SAMANTHA J. MILLER. Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint TOTAL $119,343.96 $119,343.96 I hereby certify that (1) the Defendant's last known address is 752 ERFORD ROAD, CAMP HILL, PA 17011-1125, and (2) that notice has been given in ordance with Rule Pa.R.C.P 237.1. Date A ` % Rob . Cusick, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED,__ DATE: d 5 JJ PHS#279172 PROTHONOTARY C?' 11.31 ,'\ . . -r1 f-' V? ), i L7 -n :i -n o A7T4 7/ ql? 279172 Exhibit "B" PHELAN HALLINAN & SCHMIE,G, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey June 27, 2012 RICHARD MAFFETT, ESQUIRE 2201 NORTH 2ND STREET HARRISBURG, PA 17110 SAMANTHA J. MILLER 752 ERFORD ROAD CAMP HILL, PA 17011-1125 RE: CITIMORTGAGE, INC. v. SAMANTHA J. MILLER Premises Address: 752 ERFORD ROAD CAMP HILL, PA 17011 CUMBERLAND County CCP, No. 11-7752-CIVIL Dear Defendant, Enclosed please find a true and correct copy of nay 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 July 2, 2012. Should you have further questions or concenas, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yo •," Attorney for Plaintiff Enclosure 2791 r - = E $3i x A p Q ?L uA in 71 -t .? G n o E T c „?, ' 5 E V i E c = FU n O< _ ? N U o o E ^CC w[ C v o ? o x . v Hi O m. Q f o `o E c . c .? = v b - = t N 9 x ' o . ? ? I A Q ?' w ? u a W p b d O ? p z T w R a ' W ?a ° a L x E •-? v ro N a N W a° c ILI r, w ^ Wao ? 1 P - V) Rw A O Q Q ? ? ¢ v tiaa QNv x o `? o ??.a ?xx H x oC p ` C) a v ..C O G G - Q C,4) < !U? POj Q W t : i p ? r G V1 r V R N x t? C N ? . z - x k •z N i U s -k F h _.._. N .7 ccz 'C 4. zao " N N n r N • Phelan Hallinan & Schmieg, LLP Zachary Jones, Esq., Id. No.310721 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Plaintiff V. SAMANTHA J. MILLER Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-7752-CIVIL CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below RICHARD MAFFETT, ESQUIRE 2201 NORTH 2ND STREET HARRISBURG, PA 17110 SAMANTHA J. MILLER 752 ERFORD ROAD CAMP HILL, PA 17011-1125 DATE: -7! Z By: Phelan Hallinp & Schmieg, LLP 'quire FOR PLAINTIFF 279172 G THE Fn'y'irlONUTAr 't` 07 2 12 JUL 12 Atli r. 23 CUMBERLAND COUNTY PENNSYLVAI11A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CITIMORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County SAMANTHA J. MILLER No.: 11-7752-CIVIL Defendant RULE AND NOW, this / day of 2012, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT 4&4-(' UJ S 279172 t Zachary Jones, Esq., Id. No.310721 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 ?? RICHARD MAFFETT, ESQUIRE 2TG? 2201 NORTH 2ND STREET HARRISBURG, PA 17110 ? SAMANTHA J. MILLER 'A J 1 752 ERFORD ROAD CAMP HILL, PA 17011-1125 his 279172 1701 77 L f-0-yip THE PROTFONO ! :t 2012 JUL 20 Ate 110 0 Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.3095 MBERLANU ???NTXTTORNEY FOR PLAINTIFF PENNSYLVANIA 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Plaintiff Court of Common Pleas Civil Division vs. SAMANTHA J. MILLER Defendant CUMBERLAND County No.: 11-7752-CIVIL CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's July 12, 2012 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. RICHARD MAFFETT, ESQUIRE 2201 NORTH 2ND STREET HARRISBURG, PA 17110 SAMANTHA J. MILLER 752 ERFORD ROAD CAMP HILL, PA 17011-1125 'J-1? c?l in DATE: Phelan Halli z Sc ieg, LLP Allison F. Wes, Esquire Attorney for Plaintiff 2791172 FILED-OFFICE OF THE PROTHONOTARY 2012 AUG - 3 AM 10: 0 5 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County SAMANTHA J. MILLER No.: 11-7752-CIVIL Defendant MOTION TO MAKE RULE ABSOLUTE CITIMORTGAGE, INC., by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on July 9, 2012. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a cc of its proposed Motion to Reassess Damages and Order to the Defendant on June 27, 2012 an( requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. True and correct copies of Plaintiff s letter pursuant to Local Rule 208.3 (9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued by the Honorable Christylee Peck on or about July 12, 2012 directing the Defendant to show cause by July 31, 2012 why the Motion to Reassess Damages 2791172 should not be granted. A true and correct copy of the Rule is attached hereto, made part hereo and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on July 19, 2012 i accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of July 31, 2012. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. .) helan llinan & Schmieg, LLP DATE: ?C By: 11 Melissa J. Cantwell, squire Attorney for Plaintiff 2791172 Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallman & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey June 27, 2012 RICHARD MAFFETT, ESQUIRE 2201 NORTH 2ND STREET HARRISBURG, PA 17110 SAMANTHA J. MILLER 752 ERFORD ROAD CAMP HILL, PA 17011-1125 RE: CITIMORTGAGE, INC. v. SAMANTHA J. MILLER Premises Address: 752 ERFORD ROAD CAMP HILL, PA 17011 CUMBERLAND County CCP, No. 11-7752-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damage and Order. In accordance with Cumberland County Local Rule 208.3(9),1 am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by July 2, 2012. Should you have further questions or concerns, please do not hesitate o contact me. Otherwise, please be guided accordingly. Very truly yc? , "~ A , afire. Attorney for Plaintiff Enclosure 2791 n p" O N _ M ? O U Q O N xx? r b w z¢o - F - m o E _ G N n N Exhibit "B" d ;LE-U"' h P 4 0 T1.10'k'i 2u(1 AIL 12 AtQ 9: JJMI .rr ?itd I?i''?h; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CITIMORTGACE, INC. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County SAMANTHA J. MILLER No.: 11-7752-CIVIL Defendant RULE AND NOW, this day of _ ' 2012, a Rule is entered upon the Defend; to show cause why an Order should not be entered granting Plaintiff's Motion to Reass( Damages. Defendant shall have twenty (20) days from the date of this Order to file a response Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff niay fill .Motion to Make Rule Absolute and no hearing will be scheduled on. this matter. BY T,I^IIE COURT 27917 Exhibit "C" 5.. 't 3...5? ?Ji r F'(}ClTH0N0i! rt CITIMORTGAGE, INC. Plaintiff vs. SAMANTHA J. MILLER Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 11-7752-CIVIL C'ERTWICAT1ON OF SERVICE I hereby certify that a true and correct copy of the Court's July 12, 2012 Rule directing Phelan Hallinan & Schmieg, LLP to 12 JUL 20 Aft I 1' IS Allison F. Wells, Esq., Id. No.309519 CUMBERLAND CoU ff-'ORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 PENNSYLVANIA One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. RICHARD MAFFETT, ESQUIRE 2201 NORTH 2ND STREET HARRISBURG, PA 17110 SAMANTHA J. MILLER 752 ERFORD ROAD CAMP HILL, PA 17011-1125 Phelan Halli an c ?c g, LLP DATE: -???w V%? Allison F. a s, Esquire Attorney for Plaintiff 2791; Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. ; CUMBERLAND County SAMANTHA J. MILLER No.: 11-7752-CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Ab were served upon the following individual on the date indicated below. RICHARD MAFFETT 2201 NORTH 2ND STREET HARRISBURG, PA 17110 SAMANTHA J. MILLER 752 ERFORD ROAD CAMP HILL, PA 17011-1125 helan H linan & Schmieg, LLP DATE: ? By; Melissa J. Cantwell, squire Attorney for Plaintiff 2791 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson 4 t Sheriff J fcinu Jody S Smith ?Q??otr o?,r???? Chief Deputy Richard W Stewart r? Solicitor 0FGiCE0FThE S tjla PE twY? CITIMORTGAGE, Inc. vs. Samantha Jo Miller Case Numb 2011-7752 SHERIFF'S RETURN OF SERVICE 03/24/2012 11:22 AM - Deputy Dennis Fry, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled actio il upon the property located at 752 Erford Road, East Pennsboro Township, Camp Hill, PA 17011, Cumberland County. 03/29/2012 Affidavit of Service on Samanatha J. Miller filed in the Sheriffs Office 04/02/2012 04:37 PM - Deputy Ronald Hoover, being duly sworn according to law, served the requested Real Est 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: Samantha Jo Miller at 752 Erford Road, East Pennsboro Township, Camp Hill, PA 17011, Cumberlan County. 05/29/2012 As directed by Francis S. Hallinan, Attorney for the Plaintiff, Sheriffs Sale Continued to 8/8/2012 08/06/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed per letter of instruction from Attorney. SHERIFF COST: $936.98 SO ANSWERS, August 06, 2012 R ANDERSON, SHERIFF A* ? 7v ,c? CountySuite Sheriff, 1'eleosoft. Irr r CITIMORTGAGE, INC. ` Plaintiff v. SAMANTHA J. MILLER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-7752-CIVIL CUMBERLAND COUNTY PHS # 279172 AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE, INC., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Writ of Execution was filed, the following information concerning the real property located at 752 ERFORD ROAD, CA 17011-1125. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) SAMANTHA J. MILLER 752 ERFORD ROAD CAMP HELL, PA 17011-1125 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 1 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) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be sale. Name Address (if address cannot be reasonably ascertained, please indicate) xipe for the HILL, PA sold: by the None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANVOCCUPANT 752 ERFORD ROAD CAMP HILL, PA 17011-1125 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle, PA 17013 Commonwealth 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 Federal Building, P.O. Box 11754 U.S. Attorney for the Middle District of PA 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my persc knowledge or information and belief. I understand that false statements herein are made subject to of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. Date: /2 By: y which may penalties Phel allinan & Schmieg, LLP Jo ichael Kolesnik, Esq., Id. No.308877 orney y for Plaintiff CiTIMORTGAGE, INC. : COURT OF COMMON Plaintiff : CIVIL DIVISION VS. : NO.: 11-7752-CIVIL SAMANTHA J. MILLER Defendant(s) : CUMBERLAND CO NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SAMANTHA J. MILLER 752 ERFORD ROAD CAMP HILL, PA 17011-1125 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION BTAINEI WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BAN UPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT 13NLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 752 ERFORD ROAD, CAMP HILL, PA 17011-1125 is scheduled o be sold at the Sheriff's Sale on 06/06/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $119,343.96 obtained by CITIMORTGA E, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said ale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, cos Js and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 A230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the if the judgment was improperly entered. You may also ask the Court to postpone the sale for good c 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPER EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate to the value of your property. • if this 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the heriff 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 f distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) d ys after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection i his office. This schedule will state who will be receiving that money. The money will be paid out in acc rdance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with t Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA E A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED B LO TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the westerly line of Erford Road, (East), which point is 357.75 feet North of the Northwesterly corner of Erford Road (East), and Dulles Drive (East), and at dividing line between Lots Nos. 14 and 14X, Block T, on the hereinafter mentioned Plan of Lots; thence along said diving line South 63 degrees 32 minutes West 148.78 feet to a point at the dividing lin between Lots Nos. 20 and 14X, Block T, on said Plan; thence along said dividing line, North 11 degrees 38 minutes 45 seconds East, 32.61 feet to a point at the diving line between Lots Nos. 13 and 14X, Block T, on said Plan; thence along said dividing line, North 53 degrees 00 minutes Ea 126.01 feet to a point on the western line of Erford Road (East), aforesaid; thence along same, Sc 37 degrees 00 minutes East 3.04 feet to a point; thence along same in an arc having a radius of 2f feet in a Southerly direction to the right, 45.96 feet to a point, the place of BEGINNING. BEING premises known as 752 Erford Road, formerly known as 1606-B Erford Road (East), an( having thereon erected a two story brick and flame dwelling. BEING Lot 14X, Block T, Plan No. 7 of Ridley Park, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 15, Page 56. TOGETHER with the right in common to use the partition wall with owner and occupier of adjoining premises. TITLE TO SAID PREMISES VESTED IN Samantha J. Miller, by Deed from Robert J. Laughner, dated 02/05/2008, recorded 02/07/2008 in Instrument Number 200803792. PREMISES BEING: 752 ERFORD ROAD, CAMP HILL, PA 17011-1125 PARCEL NO. 09-16-1050-198 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-7752-CIVIL CITIMORTGAGE, INC. VS. SAMANTHA J. MILLER owner(s) of property situate in the TOWNSHIP OF EAST PENNSBORO, Cumberland County, Pennsylvania, being (Municipality) 752 ERFORD ROAD, CAMP HILL, PA 17011-1125 Parcel No. 09-16-1050-198 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $119,343.96 Phelan Hallinan & Schinieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 11-7752 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC. Plaintiff (s) From SAMANTHA J. 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 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: $119,343.96 L.L.: $.50 Interest from 12/16/11 to Date of Sale ($19.62 PER DIEM) - $3,413.88 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $180.00 Other Costs: Plaintiff Paid: Date: 2/14/12 David D. uell, Prothonotary (Seal) BY. Dep REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK, 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. 308877 TRUE COPY FROM RE D In Testf wW whweat I hen unt tww and the Mat of said COW 0 taM Phi. Thin ,1 I dsy of. I !'_ *'W t 0 -,A* On February 15, 2012 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, known and numbered 752 Erford Road, Camp Hill, PA 17011 more fully described on Exhibit"A" filed with this writ and by this reference incorporated herein. Date: February 15, 2012 I E " For Claudia Brewbaker, Real Estate Coordinator Writ No. 2011-7752 CivU Term Citimortgage, Inc. VS. Samantha J. Miller Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 11-7752-CIVIL, CITIMORT- GAGE, INC. vs. SAMANTHA J. MIL- LER, owner(s) of property situate in the TOWNSHIP OF EAST PENNS- BORO, Cumberland County, Penn- sylvania, being 752 ERFORD ROAD, CAMP HILL, PA 17011-1125. Parcel No. 09-16-1050-198. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $119,343- .96. PHELAN HALLINAN & SCHMIEG, LLP Attorneys for Plaintiff 1617 JFK Boulevard Suite 1400 Philadelphia, PA 19103 215-563-7000 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 any State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland La, Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesE 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 regularl 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, 27. May 4, and May 11, 2012 Affiant further deposes that he is authorized to verify this statement by the Cumberla Law Journal, a legal periodical of general circulation, and that he is not interested in the sub' 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. - I- On - Li Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 11 day of May 2012 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 i4t Patriot-News 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 Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland. State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/27/12 2011-7752 Chin 'harm 05/04/12 Clnmortgage, Inc. VS 05/11/12 Samantha J. Miner Atty. Daniel Schmieg ? t! BY virtue of a ... Writ of Exewtion N0. . . . 11-7752-CIVIL, CITIMORTGAGE, INC. vs. Sworn to and subscribed' e me this 22 day of May, 2012 A.D. SAMANTHA I MILLER owner(s) of property situate in the TOWNSHIP OF EAST PENNSBORO, Cumberland County, Pennsylvania, being - (Municipality) Notary Public 752 ERFORD ROAD, CAMP HILL, PA 17011-1125 COM1`40NWEALTH OF PENNSYLVANIA Parcel No. 09-16-1050-198 Notarial Seal (Acreage or street address) i Sherrie L Owens, Notary Public Improvements thereon: RESIDENTIAL Lower Paxton Twp., Dauphin County D??INC' My Commission Expires Nov. 26, 2015 JiJDGMENTAMOiJNT. $119,343.96 MP.MOK, PENNSYLVANIA ASSOCIATION OF NOTARIES . J b ???4a? ?pTA'? . aUG -8 A? ??' 22 ZQ12 ND ??uNT ? ?,?? p??NS??yaN?a 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 vs. SAMANTHA J. MILLER Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-7752-CIVIL PRAECIPE TO WITHDRAW MOTION TO REASSESS DAMAGES TO THE PROTHONOTARY: Plaintiff hereby withdraws its Motion to Reassess Damages, filed on July 9, 2012 in above referenced action. Van & Schmieg, LLP DATE: ?I ?-1'I I??? By: _ Allison F. Wells, Esquire Attorney for Plaintiff 2791 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 vs. SAMANTHA J. MILLER Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-7752-CIVIL CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to Withdraw its Motion to Reassess Damages was served upon the following interested party on the date indicated below. RICHARD MAFFETT, ESQUIRE 2201 NORTH 2ND STREET HARRISBURG, PA 17110 SAMANTHA J. MILLER 752 ERFORD ROAD CAMP HILL, PA 17011-1125 DATE: ?jj 1 V2, 2791 n Attorney for Plaintiff ^'i2 A1jS -8 AM li: 1 1,7, "UMGE LAND 0O'J iT PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA • Court of Common Pleas CITIMORTGAGE, INC. Plaintiff Civil Division VS. SAMANTHA J. MILLER CUMBERLAND County No.: 11-7752-CIVIL Defendant ORDER AND NOW, this /, day of CCC?? , 2012, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: $116,860.97 Principal Balance $3,160.43 Interest Through August 8, 2012 Per Diem $6.03 $98.03 Late Charges $1,300.00 Legal fees $564.50 Cost of Suit and Title $189.00 Property Inspections e Insurance Mortgage Insurance Premium/ Private Mortgag $268.44 $3,277,49 Escrow Deficit TOTAL $125,718.86 279172 Plus interest from August 8, 2012 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT: J. `?Pilfl?th??(I?nQn ??M'd ? ??,? a ?`??? T ? ? Ile. etpes "Icd ??e /a 279172 AVOC CITIMORTGAGE, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW SAMANTHA J. MILLER, Defendant NO. 11-7752 CIVIL TERM IN RE: MOTION TO REASSESS DAMAGES ORDER OF COURT AND NOW, this 10`" day of August, 2012, upon consideration of Plaintiff s Praecipe To Withdraw Motion to Reassess Damages filed in the above matter on 7, 2012, the Order of Court dated August 7, 2012, is deemed moot. BY THE COURT, ~ _ ~~~~ Christyl L. Peck, J. ~ Allison F. Wells, Esq. Phelan Hallinan & Schmieg, LLP .~~ ~,.,, ~ ; . 1617 JFK Blvd., Suite 1400 -::, ~ ~ ~a .__, One Penn Center Plaza ~, ~~ ~, ~; _._ r,:, Philadelphia, PA 19103 ~'" ~ ~- Attorney for Plaintiff Viz. ~`' . '=-~' `~ ' ` ~ -o ~':``- `` ~ ~ Samantha J. Miller -~ ~ , ~ ~-~ r.,, ~ ~, ~ ~:~ 725 Erford Road ~ ~ ~~.~ Camp Hill, PA 17011 _ Defendant, pro Se ~L~ Phelan Hallinan & Schmieg, LLP ~~ ~ 2 AUG ~ ~ AM 9' ~ $ Attorney For Plaintiff 1617 JFK Boulevard, Suite 1400 Ct,JM~ERLAN~ C4U~TY One Penn Center Plaza p~~NSYLVANIA Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division vs . CUMBERLAND County SAMANTHA J. MILLER Defendant No 11-7752-CIVIL, TO THE PROTHONOTARY: PRAECIPE ^ Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. ^ Please mark the above referenced case Settled, Discontinued and Ended. ® Please Vacate the judgment entered and mark the action Discontinued and Ended without prej ^ Please mark the in rem judgment Satisfied and the action Discontinued and Ended. ^ Please Vacate the Judgment entered. Date: PHS # 279172 1L°~ G, LLP F ,Esq., Id. 09519 Affo'rnev for Plaintiff C~- ~' ~~ ~~ ~~g Pd °~F'l rags >45 Phelan Hallman & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CTTIMORTGAGE, INC. Plaintiff vs SAMANTHA J. MILLER Defendant Attorney For Plaintiff Court of Common Pleas Civil Division CUMBERLAND County No.11-7752-CIVIL CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiff s Praecipe was served by regular mail to the person(s) on the date listed below: RICHARD MAFFETT, ESQUIRE 2201 NORTH 2ND STREET HARRISBURG, PA 17110 Date: PHS # 279172 B Allison F. Wells q., Id. No.309519 Attorney for Plaintiff