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HomeMy WebLinkAbout11-82831 ? PHELAN HALLINAN & SCHMIEG, LLP ?heetal R. Shah-Jani, Esq., Id. No.81760 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia. PA 19103 215-563-7000 280111 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. 1000 TECHNOLOGY DRIVE OTALLON, MO 63368 Plaintiff V. TODD M. KAUFFMAN 670 HILLCREST DRIVE CARLISLE, PA 1701.5-4334 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 11- 8aa3 0,-.vi I -Tim CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE -a3 - --t mm O m- - =;u r C -,r m -<b ? r- x :Zc -C;(- °S - OS #9x.00 AC pTTV C 110145(05- p_-* a4&'709 File #: 280111 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 #: 280111 1. Plaintiff is CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 2. The name(s) and last known address(es) of the Defendant(s) are: TODD M. KAUFFMAN 670 HILLCREST DRIVE CARLISLE, PA 17015-4334 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/15/2002 TODD M. KAUFFMAN made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1777, Page 4224. 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 05/01/2011 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 #: 280111 6. The following amounts are due on the mortgage as of 09/01/2011: Principal Balance $1.11,187.05 Interest $2,895.50 04/01/2011 through 09/01/2011 Late Charges $167.12 Mortgage Insurance Premium / $92.50 Private Mortgage Insurance Escrow Deficit 572.55 TOTAL $114,914.72 7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. 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 $114,914.72, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP S By: Sheetal R. Shah-J i, Es re Attorney for Plaintiff File #: 280111 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Southern side of Hillcrest Drive on the dividing line between Lots Nos. 14 and 15 on the hereinafter mentioned Plan of Lots; thence by said dividing line, South 04 degrees 41 minutes East, one hundred fifty-five and eleven hundredths (155.11) feet to a point; thence South 85 degrees 19 minutes West, one hundred ten (110) feet to a point; thence by the dividing line between Lots Nos. 15 and 16 on said Plan of Lots, North 04 degrees 41 minutes West, one hundred fifty-five and eleven hundredths (155.11) feet to a point on the Southern side of Hillcrest Drive; thence by the Southern side of Hillcrest Drive, North 85 degrees 19 minutes East, one hundred ten (110) feet to the Place of BEGINNING. BEING Lot No. 15 of Section 'E' of the Plan of Lots known as Forge Road Acres, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 20, Page 71, and having thereon erected a split-level dwelling house. SUBJECT, HOWEVER, to such easements, restrictions and conditions that may apply to the afore-described tract of land, recorded or unrecorded. BEING THE SAME PREMISES WHICH Robert L. Shearer and Angela J. Shearer, husband and wife, by their deed to be recorded simultaneously herewith, in the Office of the Recorder of Deeds of Cumberland County, granted and conveyed unto Todd M. Kauffman. PROPERTY ADDRESS: 670 HILLCREST DRIVE, CARLISLE, PA 17015 PARCEL # 40-24-0758-140 File k 280111 VERIFICATION krct BAit70, , hereby states tha(h-?(she i . f, 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. KYtF a,?2r?ti DATE: Title: p? CITIMORTGAGE, INC. File #: 280111 Name: KAUFFMAN File #: 280111 PHELAN HALLINAN & CHMIEG, LLP Sheetal R. Shah-Jani, Esq., Id. No.81760 1617 JFK Boulevard, Suite 400 One Penn Center Plaza :Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. AMRO MORTGAGE GR VS. TODD M. KAUFFMAN TO THE PROTHONOT Kindly enter judgm Defendant(s) for failure to thereof and for foreclosure follows: As set forth in TOTAL I hereby certify that 1 CARLISLE, PA 17015-433, Pa.R.C.P 237.1. Date --9b / It DAMAGES ARE HEREBN DATE: PHS # 280111 4 TO ABN , INC. FILED-OFFICE uF THE PROTHONOTARY Attorney for Plaintiff 2011 DEC 22 AM 11: 30 CUMBERLAND COUNTY PENNSYLVANIA : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION . No. 11-8283- CIVIL TERM FOR IN REM JUDGMENT FOR FAILURE TO in favor of the Plaintiff and against TODD M. KAUFFMAN, an Answer to Plaintiff's Complaint within 20 days from service sale of the mortgaged premises, and assess Plaintiff's damages as $114,914.72 $114,914.72 ;l) the Defendant's last known address is 670 HILLCREST DRIVE, t., and (2) that notice has been given in accordance with Rule d heetal R. Sha , Esquire Attorney for Plaintiff ASSESSED AS INDICATED. ?g?9f d ? C2 1 ?` PROTHONOTARY 280111 PHELAN HALLINAN & CHMIEG, LLP Sheetal R. Shah-Jani, Esq., d. No.81760 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. AMRO MORTGAGE GA VS. TODD M. KAUFFMAN The undersig Plaintiff in the above-captic of the following facts, to wi 4 TO ABN INC. Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 11-8283- CIVIL TERM AVIT OF NON-MILITARY SERVICE attorney hereby verifies that he/she is the attorney for the matter, and that on information and belief, he/she has knowledge (a) that the States or its Allies, or othe Congress of 1940, as amer (b) that def 670 HILLCREST DRIVE, Date l dant(s) is/are not in the Military or Naval Service of the United This statemer relating to unsworn falsificaj within the provisions of the Servicemembers Civil Relief Act of TODD M. KAUFFMAN is over 18 years of age and resides at ISLE. PA 17015-4334. t is made subject to the penalties of 18 Pa. C.S. Section 4904 ion to authorities. F?v Sheetal R. Shah-Jani, squi Attorney for Plaintiff 280111 (Rule of Civil Procedure No. 236) - Revised CITIMORTGAGE, INC. SB/M TO ABN CUMBERLAND COUNTY AMRO MORTGAGE GROUP, INC. COURT OF COMMON PLEAS VS. TODD M. KAUFFMAN against you on CIVIL DIVISION No. 11-8283- CIVIL TERM Notice is giv?n that a Judgment in the above captioned matter has been entered If you have a?Y questions concerning this matter please contact: Sheetal R. Shah-Jani, Esquire Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 I ? I- I a By: "THIS THIS FIRM IS A DEB COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OB AINED 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 F A LIEN AGAINST PROPERTY. ** I i I CITIMORTGAGE, INC. SB/M TO ABN AMRO COURT OF COMMON PLEAS MORTGAGE GROUP, INC. 11 CIVIL DIVISON V. Plaintiff NO. 11-8283- CIVIL TERM TODD M. KAUFFMAN Defendant(s) TO: TODD M. KAUFFM 670 HILLCR.EST DR CARLISLE, PA 1701 DATE OF NOTICE: CUMBERLAND COUNTY THIS FIRM IS A DEB 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 VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPOND CE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLL CT 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 PERSONALL OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJE IONS 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 HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKI THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO R TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH FORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AfFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFO TION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE. PHS # 280111 Office of the Prothonotary Cumberland Countyourthouse 1 Courthouse Sq Carlisle, PA 17013 (717) 240-6191,5 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: Sheetal R. Shah-JanCF Auire -Attomey for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 I j l I i i f:. I c E h PHS # 280111 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-8283 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff (s) From TODD M. KAUFFMAN (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: $ 114,914.72 L.L.: $.50 Interest from 12/23/2011 to Date of Sale ($18.89 per diem) --- $ 3,154.63 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $ 171.00 Other Costs: Plaintiff' Paid: Date: 2/14/12 - David D. Bell., Protho (Seal) Deputy REQUESTING PARTY: Name: Melissa J. Cantwell, Esquire Address: Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-9897 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 308912 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, COURT OF COMMON PLEAS INC. Plaintiff CIVIL DIVISION v TODD M. KAUFFMAN Defendant(s) To the Prothonotary: NO.: 11-8283- CIVIL TERM CUMBERLAND COUNTY Issue writ of execution in the above matter: e C= c "'' _rl x -n Amount Due $114,914.72 Z W -urn :;O CA <> c- c:? C) Interest from 12/23/2011 to Date of Sale $3,154.63 r ($18.89 per diem) C)? TOTAL $118,069* I w 713 T N helan Hallinan & Schmieg, Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff Note: Please attach description of property. PHS # 280111 4,2g. 50 ed fit 3y.oo cap q2. 00 1?• 00 ?r ?. ?0 r' I 'A, IT du e 00 4.5.0 Lc A7/068 Y ls't d7" ?K jS?v e C? ?E L? O w? o p a ?H z O v O A ?A U ,9 M ?d ©? U d P w ? o? N d O A O w 7 r? a° J L/1 w w N k.? a 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. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff V. TODD M. KAUFFMAN Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 11-8283- CIVIL TERM : 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: (X) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff 6 j r1n 2 rn r= cast` =0 2 fir,' --4 .C" V CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff. V. TODD M. KAUFFMAN Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-8283- CIVIL TERM CUMBERLAND COUNTY PHS # 280111 AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, 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 670 HILLCREST DRIVE, CARLISLE, PA 170154334. 2. 3. 4. 5. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) TODD M. KAUFFMAN 670 HILLCREST DRIVE A == -' cif M i= -Q CARLISLE, PA 17015-4334 ' mL? r-?c =-n _ C--) Name and address of Defendant(s) in the judgment = t Name Address (if address cannot be reasonably y?'C a? a t ascertained, please so indicate) SAME AS ABOVE Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 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 ANGELA J. SHEARER C/O CAROL J LINDSAY, ESQUIRE ROBERT L. SHEARER C/O NICHOLE M. STANLEY O'GORMAN, ESQUIRE Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA 670 HILLCREST DRIVE CARLISLE, PA 17015-4334 69 PARKER STREET CARLISLE, PA 17013 1820 LINGLESTOWN ROAD HARRISBURG, PA 17110 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to aut rities. r ?J Date: sy: \ Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE COURT OF COMMON PLEAS GROUP, INC. : CIVIL DIVISION ' Plaintiff : : NO.: 11-8283- CIVIL TERM VS. TODD M. KAUFFMAN CUMBERLATg1 OF*T? -r, Defendant(s) ;V rn W .0t- Nr- ?;Drn NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Zn Z Q D _ TO: TODD M. KAUFFMAN . 670 HILLCREST DRIVE CARLISLE, PA 17015-4334 "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 670 HILLCREST DRIVE, CARLISLE, PA 17015-4334 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 $114,914.72 obtained by CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, 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 of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Southern side of Hillcrest Drive on the dividing line between Lots Nos. 14 and 15 on the hereinafter mentioned Plan of Lots; thence by said dividing line, South 04 degrees 41 minutes East, one hundred fifty-five and eleven hundredths (155.11) feet to a point; thence South 85 degrees 19 minutes West, one hundred ten (110) feet to a point; thence by the dividing line between Lots Nos. 15 and 16 on said Plan of Lots, North 04 degrees 41 minutes West, one hundred fifty-five and eleven hundredths (155.11) feet to a point on the Southern side of Hillcrest Drive; thence by the Southern side of Hillcrest Drive, North 85 degrees 19 minutes East, one hundred ten (110) feet to the Place of BEGINNING. BEING Lot No. 15 of Section'E' of the Plan of Lots known as Forge Road Acres, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 20, Page 71, and having thereon erected a split-level dwelling house. SUBJECT, HOWEVER, to such easements, restrictions and conditions that may apply to the afore- described tract of land, recorded or unrecorded. TITLE TO SAID PREMISES VESTED IN Todd M. Kauffinan, by Deed from Robert L. Shearer and Angela J. Shearer, dated 10/10/2002, recorded 10/17/2002 in Book 254, Page 499. PREMISES BEING: 670 HILLCREST DRIVE, CARLISLE, PA 170154334 PARCEL NO. 40-24-0758-140 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-8283- CIVIL TERM CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. vs. TODD M. KAUFFMAN owner(s) of property situate in the TOWNSHIP OF SOUTH MIDDLETON, Cumberland County, Pennsylvania, being (Municipality) 670 HILLCREST DRIVE, CARLISLE, PA 17015-4334 Parcel No. 40-24-0758-140 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $114,914.72 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY ? CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE _ 00{ i l li' GROUP, INC. PHS # 280111 DEFENDANT SERVICE TEAM/ lxh TODD M. KAUFFMAN COURT NO.: 11-8283- CIVIL TERM ?r T ??}}U COO RLA SERVE TODD M. KAUFFMAN AT: i1 cumBE TYPE OF ACTION , ,- ??? ???? 670 HILLCREST DRIVE XX Notice of Sheriffs Sale CARLISLE, PA 17015-4334 SALE DATE: June 6, 2012 SERVED Served and made known to TODD M. KAUFFMAN, Defendant on thee4`day of PMR-Vg , 20 L at 1 33 , o'clock . M., at &10 J? IUGREST D2, CAusC-2, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is cS6A[ . _ 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: _ n ,` Description: Age at ( Height Weight _ s Race W Sex L" Other _ I, 'P00-t-b Mope.., a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: a (a" NAME: PRINTED NAME: TITLE: Pkya-:S5 c??Ufi?, NOT SERVED On the _ day of , 20_, at o'clock _. M., Defendant NOT FOUND because: Vacant Does Not Exist _ Moved - Does Not Reside (Not Vacant) No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, 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. Hiakos, 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 1 ?_ -LION r()1 T;? . . PB; -5 All 9: 5 "12, ?`? JMBERLAND COUNT PENNSYLVANIA 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. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff V. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County TODD M. KAUFFMAN No.: 11-8283- CIVIL TERM Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on November 2, 2011. 2. Judgment was entered on December 22, 2011 in the amount of $114,914.72. 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 280111 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 June 6, 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 $111,187.05 Interest Through June 6, 2012 $8,202.59 Per Diem $19.04 Late Charges $167.12 Legal fees $1,300.00 Cost of Suit and Title $789.50 Property Inspections $148.50 Mortgage Insurance Premium/ Private Mortgage Insurance $319.55 Escrow Deficit $1,141.55 TOTAL $123,255.86 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 Plaintiffs attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on March 29, 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". 280111 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: 4-A A- 1 -7 -,., Phelan By: g, LLP Robert WOusick, Esquire ATTORNEY FOR PLAINTIFF 280111 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. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff V. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County TODD M. KAUFFMAN No.: 11-8283- CIVIL TERM Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE TODD M. KAUFFMAN 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 670 HILLCREST DRIVE, CARLISLE, PA 17015-4334. 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. 280111 In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa. Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 1 l 7, 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 280111 its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157.390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. 280111 Ill. 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 Sheriff s Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding. Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the 280111 outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiffs recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included 280111 in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. 280111 The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any 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 280111 violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: l? Schmieg, LLP Cusick, Esquire for Plaintiff 280111 Exhibit "A" FILED-OFFICE U THE PROTHONOTARY PHELAN HALLINAN & ICHMIIaCr, LLP Attorney for Plaintiff Sheetal R. shah-.rani, Esq., d: No.8i76o 201I DEC 22 AM 1130 1617 JFK Boulevard, Suite 400 CtlM LAND COUNTY One Penn Center Plaza FEE INSYI.YANIA Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. -i>8 M TO ABN CUMBERLAND COUNTY AMRO MORTGAGE GROUP, INC. COURT OF COMMON PLEAS VS. CIVIL DIVISION TODD M. KAUFFMAN No. 11-8283- CIVIL TERM FOR IN REM JUDGMENT FOR FAILURE TO TO THE PROTHONOTARY: 3 Kindly enter jugrn ' t in favor of the Plaintiff and against TODD M. KAUFFMAN, Defendant(s) for failure to le an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $114,914.72 TOTAL I hereby certify that CARLISLE, PA 17015-43 Pa.R.C.P 2.1. Date 37, / C DAMAGES ARE HI REB DATE: _L441 PHS 4 280111 $114,914.72 ;1) the Defendant's last known address is 670 HILLCREST DRIVE, 1, and (2) that notice has been given in accordance with Rule heetal R. Sha , Esquire t tx4 s f 4- Q j Attorney for Plaintiff ??At 0 ASSESSED AS INDICATED. Lf W'4 ' PROTHONOTARY 280111 Exhibit "B" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX4: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey March 29, 2012 TODD M. KAUFFMAN 670 HILLCREST DRIVE CARLISLE, PA 17015-4334 RE: CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. v. TODD M. KAUFFMAN Premises Address: 670 HILLCREST DRIVE CARLISLE, PA 17015 CUMBERLAND County CCP, No. 11-8283- CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by April 3, 2012. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, ana st ovsky. Esquire AU - -ney _'or Plaintiff Enclosure 280111 C) 00 N a? a? Lt. T -eh. E 2' a c ? ? 3 1 6 ? ? E G x E a W E ? 1 s E '"O ? N EE N O n v d O E t o 1 C U U O Q - q N o o L r 1 d G N L o W ? _ C O T 00 O w n.E G O O « C W U C O N L O ? N O N m.n E ? r1 ? ? ? ? P 00 a CG a o d ( Q o U a E v O a ? a a ? G LL ' ue s , z z N Q " _y j vi S7 ?+. ? ?L ? '?mU ?a zy x Uc? C 0.o 4 2 . i.. O T c,j E N ? O N b 3 ? 3 ' Z -? y ? 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. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff V. TODD M. KAUFFMAN Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-8283- CIVIL TERM 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. TODD M. KAUFFMAN 670 HILLCREST DRIVE CARLISLE, PA 17015-4334 v DATE: Phelan Hall' & ieg, LLP By: Robert . Cusick, Esquire ATTORNEY FOR PLAINTIFF 280111 S y '1 1 f ?' a 41 . J ly"N Y d IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff V. TODD M. KAUFFMAN Defendant RULE Court of Common Pleas Civil Division CUMBERLAND County No.: 11-8283- CIVIL TERM AND NOW this //*L day of Ce -- 2012, a Rule is entered upon the Defendant i to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff s Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT J. 280111 Robert W. Cusick, Esq., Id. No.80193 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 TODD M. KAUFFMAN 670 HILLCREST DRIVE CARLISLE, PA 17015-4334 p; ?s n,ta,`Ied 1V1l11ia 280111 I?GL- 280111 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff k i ?«?t? r rr, t i E nn ?,. Jody S Smith Chief Deputy Richard W Stewart Solicitor CITIMORTGAGE, Inc., vs. Todd M. Kauffman i` ?O;4 Case Number 2011-8283 SHERIFF'S RETURN OF SERVICE 03/26/2012 06:17 PM - Deputy Ryan Burgett, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 670 Hillcrest Drive, South Middleton Township, Carlisle, PA 17013, Cumberland County. 03/26/2012 06:17 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be RYAN KAUFFMAN-SON, who accepted as "Adult Person in Charge" for Todd M. Kauffman at 670 Hillcrest Drive, South Middleton Township, Carlisle, PA 17013, Cumberland County. 03/29/2012 Affidavit of Service on Todd M. Kauffman filed in the Sheriffs Office 04/11/2012 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: $432.46 SO ANSWERS, April 11, 2012 RON R ANDERSON, SHERIFF 80 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff V. TODD M. KAUFFMAN Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-8283- CIVIL TERM CUMBERLAND COUNTY PHS # 280111 AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, 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 670 HILLCREST DRIVE, CARLISLE, PA 170154334. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) TODD M. KAUFFMAN 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 670 HILLCREST DRIVE CARLISLE, PA 17015-4334 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 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 ANGELA J. SHEARER C/O CAROL J LINDSAY, ESQUIRE ROBERT L. SHEARER C/O NICHOLE M. STANLEY O'GORMAN, ESQUIRE Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA 670 HILLCREST DRIVE CARLISLE, PA 17015-4334 69 PARKER STREET CARLISLE, PA 17013 1820 LINGLESTOWN ROAD HARRISBURG, PA 17110 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to aut rities. Date: By: Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE COURT OF COMMON PLEAS GROUP, INC. CIVIL DIVISION Plaintiff NO.: 11-8283- CIVIL TERM VS. TODD M. KAUFFMAN : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: TODD M. KAUFFMAN 670 HILLCREST DRIVE CARLISLE, PA 17015-4334 * *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 670 HILLCREST DRIVE, CARLISLE, PA 17015-4334 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 $114,914.72 obtained by CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, 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 F LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Southern side of Hillcrest Drive on the dividing line between Lots Nos. 14 and 15 on the hereinafter mentioned Plan of Lots; thence by said dividing line, South 04 degrees 41 minutes East, one hundred fifty-five and eleven hundredths (155.11) feet to a point; thence South 85 degrees 19 minutes West, one hundred ten (110) feet to a point; thence by the dividing line between Lots Nos. 15 and 16 on said Plan of Lots, North 04 degrees 41 minutes West, one hundred fifty-five and eleven hundredths (155.11) feet to a point on the Southern side of Hillcrest Drive; thence by the Southern side of Hillcrest Drive, North 85 degrees 19 minutes East, one hundred ten (110) feet to the Place of BEGINNING. BEING Lot No. 15 of Section'E' of the Plan of Lots known as Forge Road Acres, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 20, Page 71, and having thereon erected a split-level dwelling house. SUBJECT, HOWEVER, to such easements, restrictions and conditions that may apply to the afore- described tract of land, recorded or unrecorded. TITLE TO SAID PREMISES VESTED IN Todd M. Kauffinan, by Deed from Robert L. Shearer and Angela J. Shearer, dated 10/10/2002, recorded 10/17/2002 in Book 254, Page 499. PREMISES BEING: 670 HILLCREST DRIVE, CARLISLE, PA 170154334 PARCEL NO. 40-24-0758-140 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-8283- CIVIL TERM CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. vs. TODD M. KAUFFMAN owner(s) of property situate in the TOWNSHIP OF SOUTH MIDDLETON, Cumberland County, Pennsylvania, being (Municipality) 670 HILLCREST DRIVE, CARLISLE, PA 17015-4334 Parcel No. 40-24-0758-140 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $114,914.72 Phelan Hallinan & Schmieg, 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 11-8283 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff (s) From TODD M. KAUFFMAN (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: $ 114,914.72 L.L.: $.50 Interest from 12/23/2011 to Date of Sale ($18.89 per diem) --- $ 3,154.63 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $ 171.00 Other Costs: Plaintiff Paid: Date: 2/14/12 hono David D. B ell, Prot (Seal) By: Deputy REQUESTING PARTY: Name: Melissa J. Cantwell, Esquire Address: Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-9897 Attorney for: Plaintiff TRUE COPY FROM RECORD Telephone: 215-563-7000 In Testimony whereof,1 here unto set my hand Supreme Court ID No. 308912 and the of said Court at 1e1 Pa. This Al day d---? - 20 ProouxW10tery 4AMII& ? / - - - V On February 15, 2012 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA, known and numbered 670 Hillcrest Drive, Carlisle, PA 17015 more fully described on Exhibit"A" filed with this writ and by this reference incorporated herein. Date: February 15, 2012 By: For Claudia Brewbaker, Real Estate Coordinator .! . ?. .a:,3 .? 8 .ti: «?•Lid .,'a 4Sa ?=?tb iktf :.. ?& 10 ob `'? Phelan Hallinan & Schmieg, LLP g: t t k 1617 JFK Boulevard, Suite 1400 ; r L, k i fi Attorney For Plaintiff One Penn Center Plaza Philadelphia, PA 19103 n d 215-563-7000 E L :: 7? 7 f 10: I CITIMORTGAGE, INC. °. F, UO Dt 16 i' F '` `Court of Common Pleas Y' i4 AMRO MORTGAGE GROUV .? Plaintiff Civil Division vs CUMBERLAND County TODD M. KAUFFMAN No. 11-8283- CIVIL TERM Defendant TO THE PROTHONOTARY: PRAECIPE PIease withdraw the complaint and mark the action Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. X Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. Please mark the in rem judgment Satisfied and the action Discontinued and Ended. Date: PHEL HNAN & SCHMIEG, UP By: _ PH S# 280111 Lawrence a an, Esq., Id. No. 32227 Franc- H roan, Esq., Id. No. 62695 Dani G. Sch ieg, Esq., Id. No. 62205 Miche e . radford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Attorneys for Plaintiff a ak % G Sbpd a bcglokov*? 118?sp-s V,V,, 01 -7y3al PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Court of Common Pleas Plaintiff Civil Division vs TODD M. KAUFFMAN Defendant CUMBERLAND County No. 11-8283- CIVIL TERM 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: TODD M. KAUFFMAN 670 HILLCREST DRIVE CARLISLE, PA 17015-4334 Date: f J By: Lawrence T elan, Esq., Id. No. 32227 Francis .Hall an, Esq., Id. No. 62695 Daniel . Sch 'eg, Esq., Id. No. 62205 Michele . radford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett. Esq.. Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Attorney for Plaintiff