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HomeMy WebLinkAbout12-0827PHELAN HALLINAN & SCHMIEG, LLP Melissa J. Cantwell, Esq., Id. No.308912 r: YJ _ r 1617 JFK Boulevard, Suite 1400 ' PIE PROTHONOTARY ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 2012 FEB - 9 AN 10: G 3 215-563-7000 f"'UMOERWNt COUNTY CITIMORTGAGE, INC. SB/M TO ABNEVANIA MORTGAGE GROUP, INC. COURT OF COMMON PLEAS 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 CIVIL DIVISION V. Plaintiff TERM JEFFREY L. FRYMOYER 312 PINEWOOD DRIVE CAMP HILL, PA 17011-6527 Defendant NO. adQa- FS a D C-(? k. \ CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 280389 a) S da 020A, aI0S1'7 P j2ga-7o?Y7 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 #: 280389 Plaintiff is CTTIMORTGAGE, 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: JEFFREY L. FRYMOYER 312 PINEWOOD DRIVE CAMP HILL, PA 17011-6527 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/30/1986 JEFFREY L. FRYMOYER made, executed and delivered a mortgage upon the premises hereinafter described to CHASE HOME MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book 817, Page 989. By Assignment of Mortgage recorded 08/28/2000 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book 653, Page 595. 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. Filet 280389 6. The following amounts are due on the mortgage as of 09/04/2011: Principal Balance $17,943.79 Interest $752.86 04/01/2011 through 09/04/2011 Late Charges $61.12 Escrow Deficit 686.49 TOTAL $19,444.26 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 $19,444.26, 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. PHE HALLINAN & JCIEG, LLP By: Melissa J. Cantwell, Esquire Attorney for Plaintiff File #: 280384 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern side of Queen Avenue (50 feet wide) at the northeastern corner of Lot No. 7 on the hereinafter mentioned Plan of Lots; thence along the southern side of Queen Avenue North 68 degrees 30 minutes East a distance of 20. feet to a point at the northwestern corner of Lot No. 9 on said Plan; thence by Lot No. 9, South 21 degrees 30 minutes East a distance of 150 feet to a point on the northern side of a fifteen foot alley; thence by said alley South 68 degrees 30 minutes West a distance of 20 feet to a point at Lot No. 7; thence by Lot No. 7 North 21 degrees 30 minutes West a distance of 150 feet to a point, the place of BEGINNING. BEING Lot No. 8 on a Final Subdivision Plan for Robert D. and Donna R. Leisenring made by D. P. Reaffensperger Associates, Camp Hill, PA., and recorded in the Cumberland County Recorder's Office in Plan Book 34, Page 77. HAVING THEREON ERECTED a townhouse known as and numbered 86 Queen Avenue. BEING the same premises which Robert D. Leisenring and Donna R. Leisenring, his wife, Scott Leisenring, Keith Leisenring, Brian Leisenring, Edwin Stoner and Richard Carl, partners, by deed dated April 30, 1979 and recorded in the Cumberland County Recorder of Deed's Office in Deed Book 28-L, Page 165, granted and conveyed unto the Grantors herein. William F. Rothman, File #: 280389 Charles F. Schubert & Samuel L. Reed, partners in Rothman, Schubert & Reed, a partnership, join in this conveyance because of a recorded agreement of sale dated February 7th, 1986 and recorded in the Cumberland County Recorder's Office and are also the Grantors herein. PROPERTY ADDRESS: 86 QUEEN AVENUE, ENOLA, PA 17025-2337 PARCEL # 09-13-1002-16OG File #: 280389 VERIFICATION Jeremy Gehrin , hereby states that he/she is Ooaurnert Corwd Oil M of, CITIMORTGAGE, INC., Plaintiff in this matter and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DATE: 1-15- 12 Name: ?eremy Gehrin Title: Document Contra Oltioer File#: 280389 Name: FRYMOYER Attorney File No.: 280389 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson - r HE P n rQ Sheriff R. t ? .. `3 ; R 1` Jody S Smith 7.012 FEB 23 AM 8: 40" Chief Deputy Richard W Stewart CIJMBE`?LANL C01M '+ Solicitor ?F PENNSYLVANIA Citimortgage, Inc vs. Jeffrey L. Frymoyer Case Number 2012-827 SHERIFF'S RETURN OF SERVICE 02/13/2012 03:50 PM - Timothy Slack, Deputy Sheriff, who being duly sworn according to law, states that on February 13, 2012 at 1350 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Jeffrey L. Frymoyer, by making known unto himself personally, at 312 Pinewood Drive, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. TIM CE , DEPUTY 02/13/2012 05:05 PM - Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Jeffrey L. Frymoyer, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Jeffrey L. Frymoyer. Request for service at 86 Queen Avenue, Enola, Pennsylvania 17025 is vacant. SHERIFF COST: $79.00 February 14, 2012 SO ANSWERS, 6 RON R ANDERSON, SHERIFF PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. S/B/M TO ABN CUMBERLAND COUNTY AMRO MORTGAGE GROUP, INC. COURT OF COMMON PLEAS VS. CZ CIVIL DIVISION -v --? JEFFREY L. FRYMOYER No. 2012-827-CIVIL -urn %0 c:> , 3:0. a x' C-5-5 r'' PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ? fi ANSWER AND ASSESSMENT OF DAMAGES -< a TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JEFFREY L. FRYMOYER, Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint TOTAL $19,444.26 $19,444.26 I hereby certify that (1) the Defendant's last known addresses are 312 PINEWOOD DRIVE, CAMP HILL, PA 17011-6527 and 86 QUEEN AVENUE, ENOLA, PA 17025-2337, and (2) that otic has been given in accordance with Rule P R. C A-0 37.1. Date 1 att rushwood, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: a 1 l10 I1 AD rMnH 'so FHS # 280380 PROTHONOTARY I ? aoss 0 a?399& Nom 290389 y PHELAN HALLMAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Attorney for Plaintiff Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. VS. JEFFREY L. FRYMOYER : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 2012-827-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 JEFFREY L. FRYMOYER is over 18 years of age and resides at 312 PINEWOOD DRIVE, CAMP HILL, PA 17011-6527 and 86 QUEEN AVENUE, ENOLA, PA 17025-2337. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date /?O* 1/1 " atth rushwood, Esquire Attorney for Plaintiff 280389 CITINIORTGAGE, INC. S/B/IvI TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff v. JEFFREY L. FRYMOYER Defendant TO: JEFFREY L. FRYMOYER 312 PINEWOOD DRIVE CAMP HILL, P?101 1 -627 DATE OF NOTICE: 1,2, COURT OF COMMON PLEAS CIVIL DIVISON NO. 2012-827-CIVIL CUMBERLAND COUNTY 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. 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 I 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 Dana Ostro sky, .squire Attorney ku Plai tiff Phelan Hall italt & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 280389 CITINIORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff V. JEFFREY L. FRYMOYER Defendant TO: JEFFREY L. FRYMOYER 86 QUEEN AVENUE ENOLA, PA 17025-2'37 DATE OF NOTICE: 4 ? 2- COURT OF COMMON PLEAS CIVIL DIV[SON NO. 2012-827-CIVIL CUMBERLAND COUNTY 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 IMPORTANTRJGI-ITS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County 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: Dana Os sky, Esquire Attorne f. Plaintiff Phelan .f titian & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 280389 (Rule of Civil Procedure No. 236) - Revised CITIMORTGAGE, INC. SB/M TO ABN CUMBERLAND COUNTY AMRO MORTGAGE GROUP, INC. VS. . JEFFREY L. FRYMOYER COURT OF COMMON PLEAS CIVIL DIVISION No. 2012-827-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on q hq og LWA46 If you have any questions concerning this matter please contact: Phelan Hallinan & Schmieg, LLP Matthew Brushwood, Esquire Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIO USL Y RECEIVED A DISCHARGE IN BANKR UPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OFA LIENAGAINST PROPERTY** 280389 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 JEFFREY L. FRYMOYER Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 04/20/2012 to Date of Sale ($3.20 per diem) TOTAL Note: Please attach description of property. PHS # 280389 i S *as .50 PA Krry r7a.oo 103.75 '' Ib,50 " a. 5o a.3o.a5- PO ATTY 4a-a5 &*Cc . 5o l..L Cdr!1R "10A e':2X0&r ps oft+ 4wad NO.: 2012-827-CIVIL CUMBERLAND COUNTY $19,444.26 $444.80 rT cn ! , , <_ $19.889.06 N An & Schmieg, LLP shwood, Esq., Id. No.310592 Plaintiff -o ? r ? N cc W W `° w9 o> a? oa ?H V ou ?z o? UW U U a W C7 H z O U H W H ?a H U > w a41.1 W?W N a Q 0 H V w? 0 E-1 v o w rcly'l w E ?- ?z Q ti M U N 0 ? M O az ? a- UW O W a? c 3 ? W G O O a?¢ PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 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 JEFFREY L. FRYMOYER Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION NO.: 2012-827-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 ( ) Act 91 procedures have been fulfilled (X) 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 Ha an & Schmieg, L s Esq. Id. N1 59i- atthew Brushwood l 7V , , Attorney for Plaintiff z- CZ +„ ,., :14, 271* J .- i CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff V. JEFFREY L. FRYMOYER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 2012-827-CIVIL CUMBERLAND COUNTY PHS # 280389 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 86 QUEEN AVENUE, ENOLA, PA 17025-2337. 2 3 4 5 Name and address of Owner(s) or reputed Owner(s): ? --; Name Address (if address cannot be reasonably r-7 , c--- f4; ascertained, please so indicate) JEFFREY L. FRYMOYER 312 PINEWOOD DRIVE _ CAMP HILL, PA 17011-6527 Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably n' - 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) LVNV FUNDING, LLC 15 SOUTH MAIN STREET SUITE 500 GREENVILLE, SC 29601 LVNV FUNDING, LLC 120 N KEYSER AVE C/O MICHAEL F. RATCHFORD, ESQ. SCRANTON, PA 18504 EDWIN A. ABRAHAMSEN & ASSOCIATES, P.C. 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. I r 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 86 QUEEN AVENUE ENOLA, PA 17025-2337 DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 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 autho s. Date.. 5 1`3 j ) dv)? By: hel n al & Schmieg, LLP Matthew Brushwood, Esq., Id. No.310592 Attorney for Plaintiff CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE COURT OF COMMON PLEAS GROUP, INC. Plaintiff VS. : CIVIL DIVISION : NO.: 2012-827-CIVIL JEFFREY L. FRYMOYER : CUMBERLAND COUNTY Defendant(s) =M C= NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JEFFREY L. FRYMOYER = 312 PINEWOOD DRIVE CAMP HILL, PA 17011-6527 dv "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 86 QUEEN AVENUE, ENOLA, PA 17025-2337 is scheduled to be sold at the Sheriffs Sale on 09/05/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $19,444.26 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 Sheriffs 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 Sheriffs 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 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 2012-827-CIVIL CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. vs. JEFFREY L. FRYMOYER owner(s) of property situate in the TOWNSHIP OF EAST PENNSBORO, Cumberland County, Pennsylvania, being (Municipality) 86 QUEEN AVENUE, ENOLA, PA 17025-2337 Parcel No. 09-13-1002-16OG (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $19,444.26 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL "THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern side of Queen Avenue (50 feet wide) at the northeastern corner of Lot No. 7 on the hereinafter mentioned Plan of Lots; thence along the southern side of Queen Avenue North 68 degrees 30 minutes East a distance of 20. feet to a point at the northwestern corner of Lot No. 9 on said Plan; thence by Lot No. 9, South 21 degrees 30 minutes East a distance of 150 feet to a point on the northern side of a fifteen foot alley; thence by said alley South 68 degrees 30 minutes West a distance of 20 feet to a point at Lot No. 7; thence by Lot No. 7 North 21 degrees 30 minutes West a distance of 150 feet to a point, the place of BEGINNING. BEING Lot No. 8 on a Final Subdivision Plan for Robert D. and Donna R. Leisenring made by D. P. Reaffensperger Associates, Camp Hill, PA., and recorded in the Cumberland County Recorder's Office in Plan Book 34, Page 77. HAVING THEREON ERECTED a townhouse known as and numbered 86 Queen Avenue. TITLE TO SAID PREMISES IS VESTED IN Jeffrey L. Frymoyer, single person, by Deed from Gary J. Brown and Debra A. Brown, his wife and Rothman, Schubert & Reed, a Partnership, consisting of William F. Rothman and Charles F. Schubert and Samuel L. Reed, dated 02/07/1986, recorded 06/10/1986 in Book Y-31, Page 129. PREMISES BEING: 86 QUEEN AVENUE, ENOLA, PA 17025-2337 PARCEL NO.09-13-1002-16OG WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 1t-827 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 JEFFREY L. FRYMOYER (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: $19,444.26 L.L.: $.50 Interest from 4/20/12 to Date of Sale ($3.20 per diem) -- $444.80 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $230.25 Other Costs: Plaintiff Paid: Date: 6/1/2012 I lrlA1/ ? I?Y?/ ?? David D. Buell, Prothonotary (Seal) "' e - Deputy REQUESTING PARTY: Name: MATTHEW BRUSHWOOD, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BLVD, SUITE 1400 PHILADELPHIA. PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 310592 AFFIDAVIT OF SERVICE (FNMA) 1L CUMBERL PLAINTIFF t? _ CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE . GROUP, INC. ?? PHS # 2$0880 0? 33 _0 A?11 " DEFENDANT JEFFREY L. FRYMOYER SERVICETAt COURT NO.-: 2012-827-C y?, C x ? p{U SERVE JEFFREY L. FRYMOYER AT: TYPE OF i * 312 PINEWOOD DRIVE S, XX Notice ale CAMP HILL, PA 17011-6527 SALE DATE: September 5, 2012 SERVED erved and made known to JE Y L. FRYMO Defendant on the b day of 2012 at Yn clock M., at 3VL- l OOG E -,in the manner described below: Defendant p6sonally 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: _ ( 8O Race l? Sex Other Description: A e 6?j Height Weight 1, '? `1 A t`f""-T"', 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: D6 , NAME: PRINTED NAME: On the day of , 20_, at Vacant Does Not Exist TITLE: l foo?5f cef Ver NOT SERVED o'clock _. M., Defendant NOT FOUND because: Moved Does Not Reside (Not Vacant) No Answer on at Service Refused Other: 1 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. 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 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 Matthew G. Brushwood, Esq., Id. No. 310592 k 1t;` 1` j"L Pft 8SYL4'A I011\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CITIMORTGAGE, INC. S/B/M TO ABN AMRO Court of Common Pleas MORTGAGE GROUP, INC. Plaintiff Civil Division V. CUMBERLAND County JEFFREY L. FRYMOYER No.: 2012-827-CIVIL Defendant RULE AND NOW, thisday of 1 12, a Rule is entered upon the to show cause why an Order should not be entered granting Plaintiff's Motion to Damages. _ i ..? T ti Z L? dig, rtl? .r, ;. ;~ It Defendant shall have twenty (20) days from the date of this Order to file a response Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT J. a 28038 Matthew- Brushwood, Esq., Id. No.3 l 0592 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 JEFFREY L. FRYMOYER 312 PINEWOOD DRIVE CAMP HILL, PA 17011-6527 e'op:45 m., -lei' 5??©lla AW f/ JEFFREY L. FRYMOYER 86 QUEEN AVENUE ENOLA, PA 17025-2337 2803 0 w t=;~.~ ~l-~lf~fi f~E ~= ~"~~ ~UTHt7Na ARY PHELAN HALLINAN & SCHMIEG, LLP Andrew J. Marley, Esq., Id. No.312314 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-70(10 ?~If2 AUK 16 AP! 10~ 40 Attorney for Plaintiff u~.IM~ERLAt~D CpU TY PENN~Y~VAN! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. S/B/M TO ABN AMRO CUMBERLAND COUNTY MORTGAGE GROUP, INC. Plaintiff, COURT OF COMMON PLEAS v. JEFFREY L. FRYMOYER Defendant(s) CIVIL DIVISION No.:2012-827-CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(x) 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 hereto~;xhibilr "A". IMPORTAN NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale lATfdrew J. Marley, Esquire Attorney for Plaintiff Date: ~ 3~ / must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 280389 ''CITIIVIORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff v. JEFFREY L. FRYMOYER Defendant(s) COURT OF COMMONIPLEAS CIVIL DIVISION N0.:2012-827-CIVIL CUMBERLAND CO PHS # 280389 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC., Plaintiff in the above action, by undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concer real property located at 86 QUEEN AVENUE, ENOLA, PA 170252337. Name and address of Owner(s) or reputed Owner(s): Name 2. 3. JEFFREY L. FRYMOYER Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 312 PINEWOOD DRIVE CAMP HILL, PA 17011-6527 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 Name Address (if address cannot be reasonably ascertained, please indicate) LVNV FUNDING, LLC LVNV FUNDING, LLC C/O MICHAEL F. RATCHFORD, ESQ. EDWIN A. ABRAHAMSEN & ASSOCIATES, P.C. 15 SOUTH MAIN STREET SUITE 500 GREENVILLE, SC 29601 120 N KEYSER AVE SCRANTON, PA 18504 4. 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) the sold: EAST PENNSBORO TOWNSHIP 98 SOUTH ENOLA DRIVE ENOLA, PA 17025 '15. 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) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 86 QUEEN AVENUE ENOLA, PA 17025-2337 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 Federal Building P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 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 of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: ~ ~ dot ay: n Hallinan & Sc mieg, LLP ndrew J. Marley, Esq., Id. No.3l~ Attorney for Plaintiff by the may Pl~e1r lI~ t Sol~ie~, LLP lilT IFiC Healsrad, 8dle 1100 Qs~ Pr Ca~Imr Plm ~~~., ~ ~d~n~ ~ bk ~'n G 4 3 0 y5'w 3'~ ~o a _ o' N 7 3 ~ 1 `G ~~p ~'~O ~ ~ ~ n n G 1..+ in 8 p G '~', 4119 C• ~ . Q IJ -y ~ O. ~ s ~~ ~~ ~y 4 ~ ~ 4 d ~ O s~en~3 -~ n ~ ~. ~. ~. w .^y _ m3^'. d ~ w ~~~~^ £ a ~. ~' ... n o ro s ?. c ~' ~~3~. p ~ n ~ Q n ~- G ~ a m ~ ~ .H~. Ra ~.~ 3 n y O ~ ~ 3' n~R~ - --'. w G s ~ 3 o~ ~o~ w ~ ° e ~ ~ ~ ~ . O C p R _.._ ___ ti .-: ~~ ~ rn ~ p. w r' OAZ r.i ... g • ~, a w =~ co cna3 3 _ ~ ~ cu G A -... !J ~P ~ 1~ ~ ~ ~ /^" "t ~. 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Z O 0 N 0 N ~_~ It 1 , ~'~~` d -etfMl~~~ N ~'Pl;...r r piyyp C ~~ 1LE~~~F~k~~. ~~~a 'i ~~ ~REITNON€~T~-~'~' 2012 A11G 11 AM Ia~ 26 ` ~t1M1~EfttA~O ~,~TY Phelan Hallinan & Schmieg, LLP P~El~N~YLV~'41~A 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 vs. JEFFREY L. FRYMOYER Defendant ATTORNEY FOR PLAINTIFF . Court of Common Plus . Civil Division CUMBERLAND County No.:2012-827-CIVIL CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's August 10, 2012 Riule 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. JEFFREY L. FRYMOYER 312 PINEWOOD DRIVE CAMP HILL, PA 17011-6527 AU6 16 2012 DATE: JEFFREY L. FRYMOYER 86 QUEEN AVENUE ENOLA, PA 17025-2337 helan H linan 8c 'eg, LLP By: Melissa J. Cantwell, Esquire Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 '~.•-F•M i 9i~L i, SV IfIV~~~7'li\ Ir ~~ ~ Z SEP -~ ~TTOY FOR PLAINTIFF C:E.l~'Eft~At~D COUNTY F~~P~NSYLVANIA CITIMORTGAGE, INC. SB/M TO ABN AMRO Court of Common Pleas MORTGAGE GROUP, INC. Plaintiff Civil Division vs. CUMBERLAND County JEFFREY L. FRYMOYER No.: 2012-827-CIVIL Defendant MOTION TO MAKE RULE ABSOLUTE CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, 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 August 7, 2012. 2. 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 July 24, 2012 and 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 L. Peck on or about August 10, 2012 directing the Defendant to show cause by August 30, 2012 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on August 16, 2012 in 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. 280389 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of August 30, 2012. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: ~}-- By: inan & Schmieg, LLP Malt w B hwood, Esquire Attorne or Plaintiff 280389 Exhibit `~A" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215)563-7000 ' FAY#: (215) 563-3459 Phelan Hallman & Schmieg, I,I.P Representing lenders in Pennsylvania and New .lersey July 24, 2012 JF,FFRIY L. FRYMOYER JEFFREY L, FRYMOYF,R 312 PINEWOOD DRIVE 86 QUEEN AVENUE CAMP HILL, PA 17011-6527 ENOLA, PA 17025-2337 RE CI'1'IMORTGAGE, INC. SB/M 'I'0 ABN AMRO MORTGAGE GROUP, INC. v. JEFFREY L. FRYMOYER Premises Address: 86 QUEEN AVENUE ENOLA, PA 17025 CUMBERLAND County CCP, No. 2012-827-CIVIL Dear Defendant, F_,nclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cwnberland 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 30, 2012. Should. you have further questions or concerns, please do not hesitate to contact me. Otherwise, please he guided accordingly. Very truly yours, ' . ~_ ~.~~~~ttic'n."'~ 1~ ~i>i~Jtre, Esquire Attorney for Plaintiff Enclosure 280389 #~n i- f~ ~ ,. fi (~ ~ .4 f s ; ~ ;~ 1.~ ~.~ F .~ ~- ~.. ~ 7 ; ~ ~ }-' i- ) ~ 4- ~~ Ali - c t :: L° '' ~i b & N {~). ~ a J}a ~ ~ ~. r ~ f i a; r . j ~ ..s- ~, -, a: .~~ ~ y ~ %'' i ~, C7 '°'^ ~ ~ ~ ~' j _I w; ! ~"~ ~ ~ ^h I t 7 ~ ~ ~ ~. S + .{ t•,{ •j iii, ~`l `C1 ~ a ~ ~ ~ `~' y ~` ~ ~ ~ s ~: 6 .5S t ~~ I` tr. „~ jp~ g p ~ 't t, ~., ~i' T ., Y ~ ~ ~ ~. ; ~ ' x } t tlJ k jA w ~ '~ ~ .~ t ~~ v ~ ? .. C`' ~_ ~ f % 4 £ ' Exhibit "B" IN THE COLrRT Ofi COMMON PLEAS OF CUMBERI.AN.D COUN'T'Y PENIVSY)C.~t~AN1A CITIMORTGACF, INC. Si~31M TQ ABI~I AMRC) . Court of Common Pleas MORTGAGE GROUP, Il'~IC; Plaintyff Civil l~ivisian v, C~'T.IMAERLAIdD County JEFI'REY L. FRYMOYER No.: 2012-827-CIVII, Defendant RtdT~E .LAND NO'W, this~_~ S_~_t~ day of _ Zell?.., a Rule is entered upon the Defendant to show cause why ati t?rder shuuid not be entered granting Flaintifl's Motion to Reassess Damages. Defendant shttll have twenty {20) days from the date of fttis Clyder to file a response to Plaintiff's Motion to Reassess Damttges. If no response is filed with the Court, Plainrifi'may file a ltriotion to Make Rule Absohtte and no Bearing will be sc}zeduled an this matter. AY THE COL7.RT { JJ7 Fy~~,.a~r~~~~ P~. Exhibit "C" ( . l! . .: f~ i i ~ ~ !'. Phelan Hallinan & Schmie , l.,I 1 ~ ~_ a:a ANA Ci~1iH~'Y Melissa J. Cantwell, Esq., d. No~:~tl~;~)1+' ` YLVANIA ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. S/B/M.TO ABN AMRO Court of Common Pleas MORTGAGE GROUP, INC. . Plaintiff ~ Civil Division. vs. CUMBERLAND County JEFFREY L. FRYMOYER No.: 2012-827-C1V1L Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's August 10, 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. JEFFREY L. FRYMOYER JEFFREY L. FRYMOYER 312 PINEWOOD DRIVE 86 QUEEN AVENUE CAMP HILL, PA 17011-6527 E'NOLA, PA 17025-2337 E ~?!17e:larj ltl~,llin~~t; ~ ~cl~•iih~i~~~, LI.,P ,~ ,~< DATE: __ _ BY `~ .._-- '~ . ._.._ _ ` ~ ._ _ :Melissa J. Cantwell, Esquire Attorney f'or Plaintiff 280389 Phelan Hallinan & Schmieg, LLP Matthew Brushwood, Esq., Id. No.310592 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 vs. JEFFREY L. FRYMOYER ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.:2012-827-CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff s Motion to Make Rule Absolute were served upon the following individual on the date indicated below. JEFFREY L. FRYMOYER 312 PINEWOOD DRIVE CAMP HILL, PA 17011-6527 JEFFREY L. FRYMOYER 86 QUEEN AVENUE ENOLA, PA 17025-2337 P an linan & Schmieg, LLP DATE: By: a ew hwood, Esquire Atto or Plaintiff 280389