Loading...
HomeMy WebLinkAbout12-18441 PHELAN HALLINAN & SCHMIEG, LLP Robert W. Cusick, Esq., Id. No.80193 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 262166 ONEMAIN FINANCIAL INC. F/K/A CITIFINANCIAL SERVICES, INC. COURT OF COMMON PLEAS 6400 LAS COLINAS BLVD. IRVING, TX 75039 CIVIL DIVISION Plaintiff TERM v. NO. /a - BRADLEY A. MILLS 73 SOUTH HIGH STREET CUMBERLAND COUNTY NEWVILLE, PA 17241-1405 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE ' rrrn " Z a . - -'O r- c t.-- i; N r = L; ..-4 Iv... r`? O 4103.'75 Po wm/ ??' 111 ! 837 a 7a Sa5' File #: 262166 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 #: 262166 1. Plaintiff is ONEMAIN FINANCIAL INC. F/K/A CITIFINANCIAL SERVICES, INC. 6400 LAS COLINAS BLVD. IRVING, TX 75039 2. The name(s) and last known address(es) of the Defendant(s) are: BRADLEY A. MILLS 73 SOUTH HIGH STREET NEWVILLE, PA 17241-1405 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/17/2008 BRADLEY A. MILLS 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 Instrument No. 200812736. 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 06/01/2010 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 #: 262166 6. The following amounts are due on the mortgage as of 10/27/2011: Principal Balance $125,309.05 Interest $21,033.16 04/01/2010 through 10/27/2011 Additional/Deferred Interest $4,153.88 Appraisal/Brokers Price Opinion $87.00 Escrow Deficit $2,430.47 TOTAL $153,013.56 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 $153,013.56, 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 VOifL-?N & SCHMIEG, LLP By: _( W--.. Robert W. Cusick, Esquire Attorney for Plaintiff File #: 262166 LEGAL DESCRIPTION ALL THAT CERTAIN LOT or parcel of land situated in the Borough of Newville, Cumberland County, Pennsylvania, known and numbered as No. 73 South High Street, together with the improvements erected thereon and is more particularly bounded and described as follows: BEGINNING at an iron pin set in westerly line of twenty (20) foot wide alley which pin is North thirteen (13) degrees forty-seven (47) minutes fifty-eight (58) seconds West fifty (50.00) feet from an existing post which said existing post is a common corner of lands now or formerly of Kenneth Graham, lands now or formerly of Ronald M. Stouffer and lands now or formerly of H. Warren Welch; thence along line of Lot No. 3 of land subdivision for H. Warren Welch Estate, South seventy-three (73) degrees four (04) minutes sixteen (16) seconds West one hundred seventy-seven and fifty-five hundredths (177.55) feet (Erroneously stated as 777.55 fee in prior deeds of record) through an iron pin set eight and three hundredths (8.03) feet from property corner to a point at easterly curbline of South High Street; thence along said curbline North sixteen (16) degrees nineteen (19) minutes twelve (12) seconds West fifty (50.00) feet to a point at corner of Lot No. 1; thence along line of Lot No. 1, North seventy-three (73) degrees five (05) minutes thirty-eight (38) seconds East one hundred seventy-nine and seventy-five hundredths (179.75) feet through an iron pin set eight and thirty hundredths (8.30) feet from property corner and through a frame garage situated partially on Lot No. 2 and partially on Lot No. 1 to an iron pin set in the westerly edge of a twenty (20) foot wide alley; thence along the westerly edge of said alley, South fourteen (14) degrees forty-seven (47) minutes fifty-eight (58) degrees East fifty (50.00) feet to an iron pin, the point and place of BEGINNING. HAVING THEREON ERECTED a two-story house known and numbered No. 73 South High Street, Newville, Cumberland County, Pennsylvania 17241. File #: 262166 UNDER AND SUBJECT to the right of public in and to the right-of-way for South High Street as shown on said Plan. TOGETHER with, in common nevertheless with the Grantor, his successors and assigns, the right of ingress, egress and regress over and along and to a twenty (20) foot wide alley leading from Liberty Avenue in a southerly direction to a line of lands now or formerly of Ronald M. Stouffer as shown on said Subdivision Plan. The obligation to maintain said alley shall be shared on a pro-rata basis with other purchasers from the Estate of H. Warren Welch unless or until the said alley shall be accepted by the Borough of Newville. ALSO UNDER AND SUBJECT to the rights granted unto purchasers of Lot No. 3 in and to a right-of-way and easement five (5) feet in width and extending seventy (70) feet eastwardly from the curbline of South High Street as shown on said Plan. Together with the right, in common with the Grantees of Lot No. 3, their heirs and assigns, to utilize the aforesaid right-of- way for sewer purposes, provided however that any such utilization by Grantees, their heirs or assigns, shall be at the cost and expense of the party exercising same. Provided, however, Grantees shall have the right to erect a boundary line fence. BEING LOT No. 2 as shown on plan entitled 'Land Subdivision for H. Warren Welch Estate' dated January 25, 1979, which said Plan is approved by the Council of the Borough of Newville and recorded in Cumberland County Plan Book No. 35, Page 29. BEING THE SAME premises which Larry A. Egge and Julie R. Darbrow-Egge, husband and wife, by their deed dated July 28, 1998, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book 182, Page 470, granted and conveyed to Bradley A. Mills and Cathy J. Mills, husband and wife. AND the said Grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. File #: 262166 PROPERTY ADDRESS: 73 SOUTH HIGH STREET, NEWVILLE, PA 17241-1405 PARCEL # 28-20-1756-007A File #: 262166 VERIFICATION Stacey Rodgers , hereby states that h she )s Document Control Officer of, CITIMORTGAGE, INC.. CITIMORTGAGE, INC. is the Servicer of the loan and is authorized to act on behalf of the mortgagee ONEMAIN FINANCIAL INC. F/K/A CITIFINANCIAL SERVICES, INC.. CITIMORTGAGE, INC., on behalf of Plaintiff in this matter 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 unsworn falsification to authorities. DATE:' f2S Name: Stacey Rodgers Title: Document Control Officer File#: 262166 Name: MILLS Attorney File No.: 262166 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY t Y L' i H(IR -4 AM 9 ?.!.4 1`1 Li il..iinU G',P 5,. I41 ~ Etl-N SYL",/ tlI A Onemain Financial, Inc. Case Number vs. Bradley A. Mills 2012-1844 SHERIFF'S RETURN OF SERVICE 03/29/2012 01:46 PM - Elizabeth Muller, Deputy Sheriff, who being duly sworn according to law, states that on March 29, 2012 at 1346 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Bradley A. Mills, by making known unto himself personally, at 73 S. High Street, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $40.00 March 30, 2012 M ELIZA ETH MULLER, DEPUTY SO ANSWERS, RONK"Y R ANDERSON, SHERIFF PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff Matthew Brushwood, Esq., Id. No.310592,,`, 1617 JFK Boulevard, Suite 1400 !; I, F One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ONEMAIN FINANCIAL INC. F/K/A CITIFINANCIAL SERVICES, INC. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS VS. BRADLEY A. MILLS : CIVIL DIVISION : No. 12-1844-CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against BRADLEY A. MILLS, 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 Plaintiff s damages as follows: As set forth in Complaint TOTAL $153,013.56 $153,013.56 I hereby certify that (1) the Defendant's last known address is 73 SOUTH HIGH STREET, NEWVILLE, PA 17241-1405, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date mat e rush ood, Esquire Attorney aintiff DAMAGES ARE HEREBY ASSESSED AS INDICA D. 11 C?(Up--97j DATE: N 0 W1Gi I?! N PHS # 262166 PROTHONOTARY 262166 PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood. Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 Attorney for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ONEMAIN FINANCIAL INC. F/K/A CITIFINANCIAL SERVICES, INC. VS. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION BRADLEY A. MILLS : No. 12-1844-CIVIL TERM 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 BRADLEY A. MILLS is over 18 years of age and resides at 73 SOUTH HIGH STREET, NEWVILLE, PA 17241-1405. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date Ma he wood, Esquire Attorney Plaintiff 262166 RECEIPT FOR PAYMENT Cumberland County Prothonotary's Office Carlisle, Pa 17013 ONEMAIN FINANCIAL INC (VS) MILLS BRADLEY A Case Number 2012-01844 Received of PD BY ATTY BRUSHWOOD BH Total Non-Cash..... + 16.50 Check# Total Cash......... + .00 Change ............. - .00 Receipt total...... _ $16.50 Receipt Date 6/04/2012 Receipt Time 11:22:05 Receipt No. 276143 1191670 ------------------------ Distribution Of Payment ---------------------------- Transaction Description Payment Amount JDMT 16.50 CUMBERLAND CO GENERAL FUND $16.50 (Rule of Civil Procedure No. 236) - Revised ONEMAIN FINANCIAL INC. F/K/A CUMBERLAND COUNTY CITIFINANCIAL SERVICES, INC. . COURT OF COMMON PLEAS VS. BRADLEY A. MILLS CIVIL DIVISION No. 12-1844-CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on ? 0 1 ;;?' - By: , If you have any questions concerning this matter please contact: Phelan Hallinan & Schmieg, LLP Matthew Brushwood, Esquire Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PRE 1/70 USL Y RECEIVED A DISCHAR GE IN BANKR UPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY** 262166 ONEMAIN FINANCIAL INC. FWA CITIFINANCIAL SERVICES, INC. V, BRADLEY A. MILLS Plaintiff Defendant(s) TO: BRADLEY A. MILLS 73 SOUTH HIGH STREET NEWVILLE, PA 17 1-14Q " DATE OF NOTICE: *Aho--- COURT OF COMMON PLEAS CIVIL DIVISION NO. 12-1844-CIVIL TERM 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 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: hew Brus iwood, Esquire A for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 262 166 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 12-1844 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ONEMAIN FINANCIAL INC. F/K/A CITIFINANCIAL SERVICES, INC. Plaintiff (s) From BRADLEY A. MILLS (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: $153,013.56 L.L.: $.50 Interest FROM 6/5/2012 TO DATE OF SALE ($25.15 PER DIEM) - $4,627.60 Atty's Comm: % Due Prothy: $2.25 Atty Paid: 195.25 Other Costs: Plaintiff Paid: Date:8/15/2012 ., .~ -~ David D. Buell, Prothonot (Seat) B Deputy REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 308877 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE)' P.R.C.P.3180-3183 ONEMAIN FINANCIAL INC. F/K/A CITIFINANCIAL SERVICES, INC. Plaintiff v. BRADLEY A. MILLS Defendant(s) COURT OF CO ON PLEAS CIVII. DIVISION N0.:12-1844-C TERM CUMBERLAND C To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 06/05/2012 to Date of Sale ($25.15 per diem) TOTAL c.~. G ° ""~ ~~ ~ " ~~ ~~cs ~' Zf-- ..... ~] ~` ';o ~^ p , $153,013.56 ~~ ~ ©~~ Q 4 627.60 ~Q -~ "`° $157,641.16 [allinan & Schmieg, LLP hael Kolesnik, Esq., Id. No.308877 for Plaintiff Note: Please attach description of property. PHS # 262166 N+ ga~.sb ~ a (~~~ y y, vv C$F w 3.75 a ~, I(~ So t` u ©"`~ ~. S a ~5~ ~ as ~ ~' ~, So ~- ~+~ a7g3s~ (,~r~ f of ~~ w~ O~ ~~ a ~' a~ 0 Q/ F O~ U O ~~ O~ UW ~~ ~V U W U a w a U U W U U ~a O > .-. d ~ ~ ~ W ~ a O WV W ~ w~ O ~ a ~. W a~ o~ w ~~ U W :, b ~ ~ 0 .n ~ W .-. y ~ P. .~ a. ~~~ ~ ¢~w 3 a~ .~ A~~WW ~~z r 00 0 M ~ O z ab .~ w v c a ~ _~ ~ a s ~ ~, ~~~° w ti LEGAL DESCRIPTION ALL THAT CERTAIN LOT or parcel of land situated in the Borough of Newville, Cumberla County, Pennsylvania, known and numbered as No. 73 South High Street, together with the improvements erected thereon and is more particularly bounded and described as follows: BEGINNING at an iron pin set in westerly line of twenty (20) foot wide alley which pin is Nc thirteen (13) degrees forty-seven (47) minutes fifty-eight (58) seconds West fifty (50.00) feet from an existing post which said existing post is a common corner of lands now or formerly o Kenneth Graham, lands now or formerly of Ronald M. Stouffer and lands now or formerly of Warren Welch; thence along line of Lot No. 3 of land subdivision for H. Warren Welch Estate South seventy-three (73) degrees four (04) minutes sixteen (16) seconds West one hundred seventy-seven and fifty-five hundredths (177.55) feet (Erroneously stated as 777.55 fee in prig deeds of record) through an iron pin set eight and three hundredths (8.03) feet from property corner to a point at easterly curbline of South High Street; thence along said curbline North sixteen (16) degrees nineteen (19) minutes twelve (12) seconds West fifty (SU.00) feet to a po at corner of Lot No. 1; thence along line of Lot No. 1, North seventy-three (73) degrees five minutes thirty-eight (38) seconds East one hundred seventy-nine and seventy-five hundredths (179.75) feet through an iron pin set eight and thirty hundredths (8.30) feet from property cor. and through a frame gazage situated partially on Lot No. 2 and partially on Lot No. 1 to an irc pin set in the westerly edge of a twenty (20) foot wide alley; thence along the westerly edge o said alley, South fourteen (14) degrees forty-seven (47) minutes fifty-eight (58) degrees East fifty (50.00) feet to an iron pin, the point and place of BEGINNING. HAVING THEREON ERECTED atwo-story house known and numbered No. 73 South Higl Street, Newville, Cumberland County, Pennsylvania 17241. UNDER AND SUBJECT to the right of public in and to the right-of--way for South High Stre as shown on said Plan. TOGETHER with, in common nevertheless with the Grantor, his successors and assigns, the right of ingress, egress and regress over and along and to a twenty (20) foot wide alley leadin from Liberty Avenue in a southerly direction to a line of lands now or formerly of Ronald M, Stouffer as shown on said Subdivision Plan. The obligation to maintain said alley shall be shy on a pro-rata basis with other purchasers from the Estate of H. Warren Welch unless or until said alley shall be accepted by the Borough of Newville. ALSO UNDER AND SUBJECT to the rights granted unto purchasers of Lot No. 3 in and to right-of--way and easement five (5) feet in width and extending seventy (70) feet eastwazdly i the curbline of South High Street as shown on said Plan. Together with the right, in common with the Grantees of Lot No. 3, their heirs and assigns, to utilize the aforesaid right-of--way f< sewer purposes, provided however that any such utilization by Grantees, their heirs or assign shall be at the cost and expense of the party exercising same. Provided, however, Grantees sl have the right to erect a boundazy line fence. BEING LOT No. 2 as shown on plan entitled'Land Subdivision for H. Warren Welch Estate dated January 25, 1979, which said Plan is approved by the Council of the Borough of Newv and recorded in Cumberland County Plan Book No. 35, Page 29. TITLE TO SAID PREMISES IS VESTED IN Bradley A. Mills, by Deed from Bradley A. M~lls and Cathy J. Mills, h/w, dated 06/10/2005, recorded 06/13/2005 in Book 269, Page 1747. PREMISES BEING: 73 SOUTH HIGH STREET, NEWVII.LE, PA 17241-1405 PARCEL NO.28-20-1756-007A PHELAN HALLINAN & SCHMIEG, LLP - Attorneys for Plaintiff John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 l~ ~ ~ ~ ~ _ ~ t ~- One Penn Center Plaza ~-~ _ ~~E F~p~'NQt~OTA~ ~~ Philadelphia, PA 19103 215-563-7000 ~~ ~ ~ Q~~ (~ Ah ~ I ~ I ~ ONEMAIN FINANCIAL INC. F/K/A CIT~ ~~~,~IICES, COURT OF COMM INC. Plaintiff CIVIL DIVISION v. N0.:12-1$44-CIVILI BRADLEY A. MILLS Defendant(s) CUMBERLAND C CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 39 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn i authorities. By: Ph Hallman & Schmieg, LLP Michael Kolesnik, Esq., Id. No.308877 ttorney for Plaintiff 3 PLEAS to f ONEMAIN FINANCIAL INC. F/K/A CITIFINANCIAL SERVICES, INC. Plaintiff _ ;=q~.~t~-~~-~~~c ~~~ ~ ~~~ P~a7`HQNO1'A-~ ; v. BRADLEY A. MILLS Defendant(s) ~~l 11 AUG i S AM 11 ~~ 4 CUMR~R~AMn C©UNTY PENNSYLVANIA . COURT OF COMMONIPLEAS CIVIL DIVISION . NO.: 12-1844-CIVIL T CUMBERLAND COU TY PHS # 262166 AFFIDAVIT PURSUANT TO RULE 3129.1 ONEMAIN FINANCIAL INC. F/KJA CITIFINANCIAL SERVICES, INC., Plaintiff in the above action, by the ~ attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real located at 73 SOUTH HIGH STREET, NEWVILLE, PA 17241-1405. 1 2. Name and address of Owner(s) or reputed Owner(s): Name BRADLEY A. MILLS Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) 73 SOUTH HIGH STREET NEWVILLE, PA 17241-1405 Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3 4. 5 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to 1 Name Address (if address cannot be reasonably ascertained, please indicate) Cash, LLC CASH, LLC C/O HARRISON ROSS BYCK, ESQ. 4340 South Monaco Street 2nd Floor Denver, CO 80237 533 CARSON TER HUNGTINGDON VALLEY, PA 19006 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) Commonwealth of PA Dept. of Revenue Bureau P.O. Box 280948 of Compliance Harrisburg, PA 17128-0948 sold: PA DEPARTMENT OF REVENUE BUREAU P.O. BOX 280946 OF COMPLIANCE HARRISBURG, PA 17128-0946 ~ 6. Name and address of every other person who has any record interest in the property and whose interest may be affe~Cted 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 be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 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 Federal Building CATHY J. MILLS 73 SOUTH HIGH STREET NEWVILLE, PA 17241-1405 13 North Hanover Street Carlisle, PA 17013 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 933 ORCHARD DR CHAMBERSBURG, PA 17201-2808 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. ate: Z sy: ~fHallinan & Schmieg, LLP Michael Kolesnik, Esq., Id. No.308877 nev for Plaintiff may penalties ONEMAIN FINANCIAL INC. F/K/A CITIFIN,ANCIAL SERVICES, INC. E= iL~~-a4~~ !~`" 2~ 12 At~1G I S AM t ~ • 14 CY~B ~µ YLVAN A TY BRADLEY A. MILLS NO.. CUMBERLAND CO Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: BRADLEY A. MILLS 73 SOUTH HIGH STREET NEWVILLE, PA 17241-1405 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION TAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BAN UPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT NLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 73 SOUTH HIGH STREET, NEWVILLE, PA 17241-1405 is sche uled to be sold at the Sherii~ s Sale on 12/05/2012 at 10:0(1 AM in the Cumberland County Courthouse, South anover Street, Carlisle, PA 17013 to enforce the court judgment of $153,013.56 obtained by ONEMAIN FIN CIAL INC. F/K/A CITIFINANCIAL SERVICES, INC. (the mortgagee) against you. In the event the sale i 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, cost and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-70(10 gl 30. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the if the judgment was improperly entered. You may also ask the Court to postpone the sale for good c 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. COURT OF COMMONLEAS CIVIL DIVISION Plaintiff 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find put 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 ca11215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the prope~ty 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 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) ys after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection ' his office. This schedule will state who will be receiving that money. The money will be paid out in acc rdance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with a 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 after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED ELQ 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. 12-1844-CIVIL TERM ONEMAIN FINANCIAL INC. F/K/A CITIFINANCIAL SERVICES, INC. vs. BRADLEY A. MILLS owner(s) of property situate in the BOROUGH OF NEWVILLE, Cumberland County, Pennsylvania, being (Municipality) 73 SOUTH HIGH STREET, NEWVILLE, PA 17241-1405 Parcel No. 28-20-175b-007A (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $153,013.56 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN LOT or parcel of land situated in the Borough of Newville, Cumber County, Pennsylvania, known and numbered as No. 73 South High Street, together with the improvements erected thereon and is more particularly bounded and described as follows: BEGINNING at an iron pin set in westerly line of twenty (20) foot wide alley which pin is Nor thirteen (13} degrees forty-seven (47) minutes fifty-eight (58) seconds West fifty (50.00) feet from an existing post which said existing post is a common corner of lands now or formerly of Kenneth Graham, lands now or formerly of Ronald M. Stouffer and lands now or formerly of F Warren Welch; thence along line of Lot No. 3 of land subdivision for H. Warren Welch Estate, South seventy-three (73) degrees four (04) minutes sixteen (16) seconds West one hundred seventy-seven and fifty-five hundredths (177.55) feet (Erroneously stated as 777.55 fee in prior deeds of record) through an iron pin set eight and three hundredths (8.03) feet from property corner to a point at easterly curbline of South High Street; thence along said curbline North sixteen (16) degrees nineteen (19) minutes twelve (12) seconds West fifty (50.00) feet to a poir at corner of Lot No. 1; thence along line of Lot No. 1, North seventy-three (73) degrees five (0. minutes thirty-eight (38) seconds East one hundred seventy-nine and seventy-five hundredths (179.75) feet through an iron pin set eight and thirty hundredths (8.30) feet from property corns and through a frame garage situated partially on Lot No. 2 and partially on Lot No. 1 to an iron pin set in the westerly edge of a twenty (20) foot wide alley; thence along the westerly edge of said alley, South fourteen (14) degrees forty-seven (47) minutes fifty-eight (58) degrees East fifty (50.00) feet to an iron pin, the point and place of BEGINNING. HAVING THEREON ERECTED atwo-story house known and numbered No. 73 South High Street, Newville, Cumberland County, Pennsylvania 17241. UNDER AND SUBJECT to the right of public in and to the right-of--way for South High Stree as shown on said Plan. TOGETHER with, in common nevertheless with the Grantor, his successors and assigns, the right of ingress, egress and regress over and along and to a twenty (20) foot wide alley leading from Liberty Avenue in a southerly direction to a line of lands now or formerly of Ronald M. Stouffer as shown on said Subdivision Plan. The obligation to maintain said alley shall be share on a pro-rata basis with other purchasers from the Estate of H. Warren Welch unless or until th said alley shall be accepted by the Borough of Newville. ALSO UNDER AND SUBJECT to the rights granted unto purchasers of Lot No. 3 in and to a right-of--way and easement five (5) feet in width and extending seventy (70) feet eastwardly frc the curbline of South High Street as shown on said Plan. Together with the right, in common with the Grantees of Lot No. 3, their heirs and assigns, to utilize the aforesaid right-of--way for sewer purposes, provided however that any such utilization by Grantees, their heirs or assigns, shall be at the cost and expense of the party exercising same. Provided, however, Grantees sha have the right to erect a boundary line fence. BEING LOT No. 2 as shown on plan entitled'Land Subdivision for H. Warren Welch Estate' dated January 25, 1979, which said Plan is approved by the Council of the Borough of Newvi and recorded in Cumberland County Plan Book No. 35, Page 29. TITLE TO SAID PREMISES IS VESTED IN Bradley A. Mills, by Deed from Bradley A. and Cathy J. Mills, h/w, dated 06/10/2005, recorded 06/13/2005 in Book 269, Page 1747. PREMISES BEING: 73 SOUTH HIGH STREET, NEWVII.LE, PA 17241-1405 PARCEL NO.28-20-1756-007A .., ~ , ., `r,;. ,_ , ` .,, ' r. Phelan Hallinan & Schmieg, LLP °~` ~ .~. ~ ' Justin F. Kobeski, Esq., Id. No.200392 ..~ _ ~ t, i~,t~ ~ ?11~ ~t~TTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 i ~ ~; ~~ '~` ~ ~~~~ ~ ~ One Penn Center Plaza ' Philadelphia, PA 19103 215-563-7000 ONEMAIN FINANCIAL INC. F/K/A CITIFINANCIAL SERVICES, INC. Plaintiff Court of Common Pleas Civil Division v. CUMBERLAND County BRADLEY A. MILLS No.: 12-1844-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 March 23, 2012. 2. Judgment was entered on June 4, 2012 in the amount of $153,013.56. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 5, 2012. 262166 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 $125,309.05 Interest Through December 5, 2012 $34,743.22 Deferred Interest $4,153.88 Legal fees $1,675.00 Cost of Suit and Title $1,103.75 AppraisaUBrokers Price Opinion $87.00 Escrow Deficit $7,224.79 TOTAL $174,296.69 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. Plaintiffls foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on November 5, 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". 10. No judge has previously entered a ruling in this case. 262166 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: ~~ Phelan Hallinan & Schmieg, LLP By: J F. Ko ski, Esquire ATTORNEY FOR PLAINTIFF 262166 Phelan Hallinan & Schmieg, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ONEMAIN FINANCIAL INC. F/K/A CITIFINANCIAL SERVICES, INC. Plaintiff v. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County BRADLEY A. MILLS No.: 12-1844-CIVIL TERM Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE BRADLEY A. MILLS executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiff s Note was secured by a Mortgage on the Property located at 73 SOUTH HIGH STREET, NEWVILLE, PA 17241-1405. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriff s Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are 262166 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 Mort~a~e 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 Sheriff s sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust 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, 262166 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 fmancial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). 262166 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, Plaintiff s interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 262166 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 262166 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. 262166 VI. ATTORNEY'S FEES The Plaintiff s foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff s recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shoppin 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 often percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee often percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Real , 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 262166 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. 11 G4 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 Sheriffs sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 262166 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. 262166 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: Phelan Hallinan & 5chmieg, LLP By: tin . Kobeski, Esquire ttorney for Plaintiff 262166 Exhibit `~A" 262166 ~~' TFiE PROTHO~NOTA PHELAN HALLINAN 8t SCHMIEG, LLP ~~torney for Plaintiff Matthew Brushwood, Esq., Id. No.310592 ~~ ~ ~ JUN - 4 1617 J~FK Baule~tard, Suite 1400 ~' f One Penn Center Plaza ~~ pEN S YLYANId~ A~ Philadelphia, PA 19103 215-563-7000 O11fEMAIN FINANCIAL INC. F/K/A CITIFINANCIAL SERVICES, INC. vs. BRADLEY A. NIILLS CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.12-1844-CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: ~• ~, Kindly enter judgment in favor of the Plaintiff anc~; ~' ~S, Defendant(s) for failure to file an Answer to Plaintiff s Co , • ~ service thereof and for foreclosure and sale of the mortgaged premises; s damages as follows: `~ As set forth in Complaint TOTAL $153,013.56 $153,013.56 I hereby certify that (1) the Defendant's last known address is 73 SOUTH HIGH STREET, NE'9WILLE, PA 17241-1405, and (2) that notice has been given in accordance with Rule Pa.RC.P 237.1. Date _ ''`~~ M Esquire Att ey aintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: Pxs ~ s6zi~ PROTHONOTARY 262166 Exhibit `~B" 262166 PHELAN HALLINAN & SCHMIEC, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215)563-7000 FAX#: (215) 563-3459 Phelan Haliinan & Sclunieg, 1~LP Representing Lenders in Pennsylvania and New 3ersey November 5, 201.2 BRADLEY A. MILLS 73 SOt1"I'H HIGH STREE'C NEWVILLE, PA 17241-1405 RE: ONEMAIN FINANCIAL INC. FtK1A CITIFINANCIAL, SERVICES, INC. v. BRADLEY A. M ILLS Premises Address: 73 SOUTI I HIGH S'T'REET NEWVIL,LE, PA 1724]. CUMBERLAND County CCP, No. 12-1844-CIVIL TF'.RM 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 11/12/201.2. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Ver truly ours, Ju i . R beski, Esq., Id. No.200392 Att ri~ey for Plaintiff Enclosure 262166 £048t eq~iP1-1~1 ~ ~~. $A,AC3Ri , 8$LL~f000 "` ~ w~ L 0 ~, 0 .. a A, `$ .. N ~A N ~ 0. ...~ A M ~ O ~ ~ ~y ~ ~ u ~ d ~ ~ ~'~ ~~ ~ ~ .e~o~'~ a ~ir X ~i a1r .~` ~ * z ~ : ~ ~ ~ ~ ~~ ~ .. a ~SdS ft -~ ~ ~~~ , ~~, :~ .~ w ~_ N fV f Phelan Hallinan & Schmieg, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ONEMAIN FINANCIAL INC. F/K/A CITIFINANCIAL SERVICES, INC. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division v• CUMBERLAND County BRADLEY A. MILLS No.: 12-1844-CIVIL TERM Defendant 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. BRADLEY A. MILLS 73 SOUTH HIGH STREET NEWVILLE, PA 17241-1405 DATE: Phelan Hallinan & Schmieg, LLP By: Justi . Ko s ,Esquire ATT RNEY FOR PLAINTIFF 262166 .~ v 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 i - ~. ,~ . ;4 ~~, e~~rl !~ , - L, ~ ry/ µp~ f r E-:1 ~ /' s~ U AttbYlVey ~'~a~ ~~~~, 1~~ i . b', ~~ '1° ~. ~~t; ~ ~ ~~a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ONEMAIN FINANCIAL INC. F/K/A : CUMBERLAND COUNTY CITIFINANCIAL SERVICES, INC. . Plaintiff, COURT OF COMMON PLEAS v. BRADLEY A. MILLS Defendant(s) CIVIL DIVISION No.: 12-1844-CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is atta ed heret Exhibit " 2D,~ . Cantw ~re ~QU ~~ 6 Attorney for Plaintiff Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff s Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 262166 y ~ O ~ G0 J ar (!1 A td R3 rr r ~j' $ ,, A } ! 4 } IF ~! ~F k a. ~y n ~~+~ ~ ;c ~ ~n bb ron ~ .~ ~ :« ~ eq~~ ;, ` ~ ~OJ~.~. o y i`.. C9 7S .. ~r ~ ~ ~ ~.:..:RQvj ~ F r o~ ~ ,,,. e e ~' ~ o o t~ _ C} 1 g 4 b ~ a ~ ~ n ~-, w •d ~ ,~ ~. ~ ~ *~! ~ ~ ~ z ~ 7d "d ~ > ~o , t7t „o Cr1 ~ r+ ~~ ~ ~ • ~" ~ a 74 A ~ ~! ~ ~ ~ • ~ p t ~ r ~ ,'1- a~ ~ °~ o A ~' 'O i ~~~~~ ~ ~' ~ ' ~ ~ ~ ~ w ~ 8 ~ i .~ s^~ ~ E i ~ ~ i~ t ~$ ~ ! ~ `" s ~~~ ~ ~ 8 ~. ~~~ ,~ ~ , ~. ff s ~ '$ m ~ ~ u ~ W ~ u ~ iR ~ li i~si (A ~w u ~ ~ ~' ' ~s, ~v y 'p` ew ~~ ~ ~ ~ ;0~ ~ ~ ~~ ~~' ~ 13 ~ !~l f~~ m ~~ ~ ~^~ '" ~~~ ~ ~~ ~i p, A A ~~~' ~~ ~ ~ ~ ~ A ~° .~ n ~ G ~•~I r Q ~ ~awbs O~~Q277T56 AV1 '~"~2 ~,~~a~z~c~ ~s~o~ ONEMAIN FINANCIAL INC., F/IUA CITIFINANCIAL SERVICES, INC. PLAINTIFF V. BRADLEY A. MILLS, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-1844 CIVIL ORDER OF COURT AND NOW, this 20`h day of November, 2012, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before December 10, 2012; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, M. L. Ebert, Jr., ~I J~ I av ~-.• ~, /Justin F. Kobeski, Esquire, Esquire ~~~~ "' -_-' ~ ~ ry,. ~.,._ ~ , Attorney for Plaintiff .~.'~! ~ "''-~~ ~ ~ <.L --:~ r.. . ~ . rv -'~ ~::::: / Bradley A. Mills -t?~ _' ' Defendant .r `~' ~. "-• c- ~ ~, --- •-r" ~w i bas ~~ Phelan Hallinan, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ONEMAIN FINANCIAL INC. F/K/A CITIFINANCIAL SERVICES, INC. Plaintiff ;J. . ~ ` ~ ~ ~ ~ r ~'NEY FOR PLAINTIFF f k ~•. ~i~. .'a,, fit (( Court of Common Pleas Civil Division vs. CUMBERLAND County BRADLEY A. MILLS No.: 12-1844-CIVIL TERM Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's November 21, 2012 Rule directing the Defendant to show cause as to why Plaintiff s Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. BRADLEY A. MILLS 73 SOUTH HIGH STREET NEWVILLE, PA 17241-1405 Phelan H ~// DATE: / ~ By: Allison F Attorney Esq., Id. No.309519 262166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ONEMAIN FINANCIAL INC. F/K/A Court of Common Pleas CITIFINANCIAL SERVICES, INC. Plaintiff Civil Division vs. CUMBERLAND County BRADLEY A. MILLS No.: 12-1844-CIVIL TERM Defendant IN ORDER AND NOW, this I t day of p t1- • , 2012, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tune as follows: Principal Balance Interest Through December 5, 2012 Deferred Interest Legal fees Cost of Suit and Title Appraisal/Brokers Price Opinion Escrow Deficit $125,309.05 $34,743.22 $4,153.88 $1,675.00 $1,103.75 $87.00 $7,224.79 TOTAL Plus interest at six percent per annum. $174,296.69 Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT: •'? ';cl ? I gat f e, 4? 11 sc t 262166 b-// tel. C � . C "n'rp rte' t �' �r N p , Phelan Hallinan,LLP Attorney For Plaintiff -e-Z N 1617 HK Boulevard,Suite 1400 © o One Penn Center Plaza S o Philadelphia,PA 19103 y Z 215-563-7000 "" o ONEMAIN FINANCIAL INC. F/K/A Court of Common Pleas CITIFINANCIAL SERVICES,INC. Plaintiff Civil Division vs CUMBERLAND County BRADLEY A.MILLS No. 12-1844-CIVIL TERM Defendant PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P.,2352 TO THE PROTHONOTARY: Kindly substitute CHRISTIANA TRUST,A DIVISION OF WILMINGTON SAVINGS FUND SOCIETY, FSB, AS TRUSTEE FOR STANWICH MORTGAGE LOAN TRUST, SERIES 2012-18 as successor Plaintiff for the originally named Plaintiff The material facts on which the right of succession and substitution are based as follows: CHRISTIANA TRUST, A DIVISION OF WILMINGTON SAVINGS FUND SOCIETY, FSB, AS TRUSTEE FOR STANWICH MORTGAGE LOAN TRUST, SERIES 2012-18 is the current holder of the mortgage by virtue of that certain Assignment of Mortgage, which Assignment was recorded on 02/11/2013 in Instrument No. 201304539 of the Recorder of Deeds Office in and for CUMBERLAND County. Kindly amend the information on the docket accordingl Date: By: Zachary nes .N0.310721 Att f Plaintiff PHS #262166 a+� Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 21.5-563-7000 ONEMAIN FINANCIAL.INC. F/K/A. Court of Common Pleas CITIFINANCIAL SERVICES,INC. Plaintiff Civil Division vs CUMBERLAND County BRADLEY A. MILLS No. 12-1844-CIVIL TERM Defendant PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please mark the judgment in the above-captioned matter to the use of CHRISTIANA TRUST, A DIVISION OF WILMINGTON -SAVINGS FUND SOCIETY, . FSB, ' AS TRUSTEE FOR STANWICH MORTGAGE LOAN TRUST, SERIES 2012-18, located 1610 .ST. ANDREWS STREET SUITEgB 150 SANTA ANA, CA 92705 Date: ` �/ �l� PHELAN HA Ll ,L By: Zachary J es, .,I .No.310721 tton or ]aintiff PHS #262166 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of CHRISTIANA TRUST, A DIVISION OF WILMINGTON SAVINGS FUND SOCIETY, FSB, AS TRUSTEE FOR STANWICH MORTGAGE LOAN TRUST, SERIES 2012-18. Date: V����� PHELAN LI AN P By: Zachary J .E No.310721 r laintiff PHS #262166 Phelan Hallman, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Perri Center Plaza Philadelphia, PA 19103 215-563-7000 ONEMAIN FINANCIAL INC. F/K/A Court of Common Pleas CITIFINANCIAL SERVICES, INC. Plaintiff Civil Division V. CUMBERLAND County BRADLEY A. MILLS No. 12-1844-CIVIL TERM Defendant PHS #262166 CERTIFICATION OF SERVICE I hereby certify.true and correct copies of the foregoing Plaintiffs Praecipe to mark judgment to CHRISTIANA TRUST, A DIVISION OF WILMINGTON SAVINGS FUND SOCIETY, FSB, AS TRUSTEE FOR STANWICH MORTGAGE LOAN TRUST, SERIES 2012- 18 and substitution of party plaintiff was served by regular mail to the person(s) on the date listed below: BRADLEY A. MILLS 73 SOUTH HIGH STREET NEWVILLE, P 1/7241-14/05 Date: l I`3 PHELAN HAL P By: Zacha y ne q. d.No.310721 Att y f r Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson t N F11 ED-OFFICE O - THE ,, OTIIONO j,,y Sherif Jody S Smith 4V11 eta � 2013 JUI. 23 AM 10: 0 g Chief Deputy Richard W Stewart CUMBERLAt4D COMTY Solicitor OFFICE OF THE SHERIFF PENNSYLVAIMA Onemain Financial, Inc. Case Number vs. Bradley A. Mills 2012-1844 SHERIFF'S RETURN OF SERVICE 09/28/2012 01:45 PM - Deputy William Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 73 S. High Street, Newville Borough, Newville, PA 17241, Cumberland County. 09/28/2012 01:46 PM - Deputy William Cline, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Bradley A. Mills at 73 S. High Street, Newville Borough, Newville, PA 17241, Cumberland County. 12/05/2012 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 1/9/2013 01/09/2013 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 4/3/2013 04/03/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Room 303, Carlisle, PA on April 3, 2013 at 10:00 a.m.. He sold the same for the sum of$1.00 to Attorney Joseph Schalk, on behalf of Christiana Trust,A Division of Wilmington Savings Fund Society, FSB, as Trustee for Stanwich Mortgage Loan Trust, Series 2012-18, being the buyer in this execution, paid to the Sheriff the sum of SHERIFF COST: $847.99 SO ANSWERS, July 01, 2013 RON R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoft.Inc, ONEMAIN FINANCIAL INC. F/K/A CITIFINANCIAL COURT OF COMMON PLEAS SERVICES,INC. Plaintiff CIVIL DIVISION V. NO.: 12-1844-CIVIL TERM BRADLEY A. MILLS Defendant(s) CUMBERLAND COUNTY PHS#262166 AFFIDAVIT PURSUANT TO RULE 3129.1 ONEMAIN FINANCIAL INC.F/K/A CITIFINANCIAL SERVICES,INC.,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Exccution was filed,the folluwing information concerning the real property located at 73 SOUTH HIGH STREET,NEWVILLE,PA 17241-1405. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained,please so indicate) BRADLEY A.MILLS 73 SOUTH HIGH STREET NEWVILLE,PA 17241-1405 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably SAME AS ABOVE 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) Cash,LLC 4340 South Monaco Street 2nd Floor Denver,CO 80237 CASH,LLC C/O HARRISON ROSS BYCK, 533 CARSON TER ESQ. HUNGTINGDON VALLEY,PA 19006 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably.ascertained—n�ase dicate -- -- ��one. 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) Commonwealth of PA Dept.of Revenue Bureau P.O. Box 280948 of Compliance Harrisburg,PA 17128-0948 PA DEPARTMENT OF REVENUE BUREAU P.O.BOX 280946 OF COMPLIANCE HARRISBURG,PA 17128-0946 4 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: ' Name Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 73 SOUTH HIGH STREET NEWVILLE,PA 17241-1405 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle,PA 17013 Commonwealth of Pennsylvania P.O.Box 2675 Department of Welfare Harrisburg,PA 17105 Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh,PA 15222 U.S.Department of Justice 228 Walnut Street,Suite 220 U.S.Attorney for the Middle District of PA PO Box 11754 Federal Building Harrisburg,PA 17108-1754 CATHY J.MILLS 933 ORCHARD DR CHAMBERSBURG,PA 17201-2808 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: 2 By: Phe!101KHailinan &Schmieg,LLP JoX Michael Kolesnik,Esq.,Id.No.308877 ttorney for Plaintiff ONJEMAIN FINANCIAL INC. F/K/A CITIFINANCIAL COURT OF COMMON PLEAS SERVICES, INC: CIVIL DIVISION Plaintiff : : NO.: 12-1844-CIVIL TERM VS. BRADLEY A. MILLS : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: BRADLEY A. MILLS 73 SOUTH HIGH STREET NEWVILLE,PA 17241-1405 "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 73 SOUTH HIGH STREET,NEWVILLE,PA 17241-1405 is scheduled to be sold at the Sheriff's Sale on 12/05/2012 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street,Carlisle,PA 17013 to enforce the court judgment of$153,013.56 obtained by ONEN AIN FINANCIAL INC.F/K/A CITIFINANCIAL SERVICES,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 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 12-1844-CIVIL TERM ONEMAIN FINANCIAL INC. F/K/A CITIFINANCIAL SERVICES, INC. vs. BRADLEY A. MILLS owner(s) of property situate in the BOROUGH OF NEWVILLE, Cumberland County, Pennsylvania, being (Municipality) 73 SOUTH HIGH STREET NEWVILLE PA 17241-1405 Parcel No. 28-20-1756-007A (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $153,013.56 Phelan Hallinan&Schmieg,LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN LOT or parcel of land situated in the Borough of Newville, Cumberland County, Pennsylvania, known and numbered as No. 73 South High Street, together with the improvements erected thereon and is more particularly bounded and described as follows: BEGINNING at an iron pin set in westerly line of twenty (20)foot wide alley which pin is North thirteen(13) degrees forty-seven (47)minutes fifty-eight (5 8) seconds West fifty (50.00) feet from an existing post which said existing post is a-common comer of lands now or formerly of Kenneth Graham, lands now or formerly of Ronald M. Stouffer and lands now or formerly of H. Warren Welch; thence along line of Lot No. 3 of land subdivision for H. Warren Welch Estate, South seventy-three (73) degrees four(04) minutes sixteen(16) seconds West one hundred seventy-seven and fifty-five hundredths (177.'55) feet(Erroneously stated as 777.55 fee in prior deeds of record)through an iron pin set eight and three hundredths (8.03) feet from property comer to a point at easterly curbline of South High Street;thence along said curbline North sixteen (16) degrees nineteen(19)minutes twelve (12) seconds West fifty (50.00) feet to a point at comer of Lot No. 1; thence along line of Lot No. 1,North seventy-three (73) degrees five (05) minutes thirty-eight(38) seconds East one hundred seventy-nine and seventy-five hundredths (179.75) feet through an iron pin set eight and thirty hundredths (8.30) feet from property comer and through a frame garage situated partially on Lot No. 2 and partially on Lot No. I to an iron pin set in the westerly edge of a twenty (20)foot wide alley; thence along the westerly edge of said alley, South fourteen (14) degrees forty-seven(47)minutes fifty-eight (58) degrees East fifty(50.00)feet to an iron pin, the point and place of BEGINNING. HAVING THEREON ERECTED a two-story house known and numbered No. 73 South High Street,Newville, Cumberland County, Pennsylvania 17241. UNDER AND SUBJECT to the right of public in and to the right-of-way for South High Street as shown on said Plan. TOGETHER with, in common nevertheless with the Grantor,his successors and assigns, the right of ingress, egress and regress over and along and to a twenty(20) foot wide alley leading from Liberty Avenue in a southerly direction to a line of lands now or formerly of Ronald M. Stouffer as shown on said Subdivision Plan. The obligation to maintain said alley shall be shared on a pro-rata basis with other purchasers from the Estate of H. Warren Welch unless or until the said alley shall be accepted by the Borough of Newville. ALSO UNDER AND SUBJECT to the rights granted unto purchasers of Lot No. 3 in and to a right-of-way and easement five (5) feet in width and extending seventy (70) feet eastwardly from the curbline of South High Street as shown on said Plan. Together with the right, in common with the Grantees of Lot No. 3, their heirs and assigns, to utilize the aforesaid right-of-way for sewer purposes,provided however that any such utilization by Grantees, their heirs or assigns, shall be at the cost and expense of the party exercising same. Provided, however, Grantees shall have the right to erect a boundary line fence. BEING LOT No. 2 as shown on plan entitled 'Land Subdivision for H. Warren Welch Estate' dated January 25, 1979, which said Plan is approved by the Council of the Borough of Newville and recorded in Cumberland County Plan Book No. 35,Page 29. TITLE TO SAID PREMISES IS VESTED IN Bradley A. Mills, by Deed from Bradley A. Mills and Cathy J. Mills, h/w, dated 0611012005, recorded 06/13/2005 in Book 269, Page 1747. PREMISES BEING: 73 SOUTH HIGH STREET,NEWVILLE,PA 17241-1405 PARCEL NO.28-20-1756-007A WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO, 12-1844 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due ONEMAIN FINANCIAL INC. F/K/A CITIFINANCIAL SERVICES,INC.Plaintiff(s) From BRADLEY A.MILLS (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: $153,013.56 L.L.: $.50 Interest FROM 6/5/2012 TO DATE OF SALE($25.15 PER DIEM)-$4,627.60 Atty's Comm: % Due Prothy:$2.25 Atty Paid: 195.25 Other Costs: Plaintiff Paid: Date: 8/15/2012 David D.Buell,Prothonotary- (Sea]) Deputy REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK,ESQUIRE Address:PHELAN HALLINAN&SCHMIEG,LLP 1617 HK BOULEVARD,SUITE 1400 PHILADELPHIA,PA 19103 Attorney for:PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No.308877 TRUE COPY FROtA RECORD of, hand n i Testimony whereof,I here unto set my rt r and the seal of said GOU at Cal 1isle,Pa. ,2 This��, day Of P htanotary On August 21, 2012 the Sheriff levied upon the defendant's interest in the real property situated in .Newville Borough, Cumberland County, PA, .known and' numbered 73 South High Street, Newville, PA 17241 fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 21, 2012 By: 00011L:L%� Claudia Brewbaker, Real Estate Coordinator CUMBERLAND LAW JOURNAL Writ No. 2012-1844 Civil Term Onemain Financial,Inc. VS. Bradley A. Mills Atty.:Daniel Schmieg By virtue of a Writ of Execution NO. 12-1844-CIVIL TERM,ONEMAIN FINANCIAL INC. f/k/a CITIFINAN- CIAL SERVICES,INC.vs.BRADLEY A.MILLS,owner(s)of property situate in the BOROUGH OF NEWVILLE, Cumberland County, Pennsylvania, being 73 SOUTH HIGH STREET, NEWVILLE,PA 17241-1405. Parcel No. 28-20-1756-007A. Improvements thereon:RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT:$153,013- .56. 68 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne,Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid,being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 26, November 2 and November 9, 2012 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time,place and character of publication are true. L a Marie Coyne, E itor SWORN TO AND SUBSCRIBED before me this da of November, 2012 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriot-News Co. 2020 Technology Pkwy the atr1*otwXews . s Suite 300 Mechanicsburg, PA 17050 Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s)shown below: 10/26/12 2012-1844 Civil Term 11/02/12 Onemain Financial,Inc 11/09/12 Vs Bradley A.Mills Atty: Daniel Schmleg By virtue of a Writ of Execution NO. • • • • • ' • • ' ' . . . . . . . ' ' 12-1844-CIVIL TERM ONEMAIN FINANCIAL INC.F/K/A CITIFINANCIAL SERVICES,INC. Sworn -a subscribed before e t 19 of November, 2012 A.D. VS. BRADLEY A.MILLS owner(s)of property situate in the BOROUGH OF NEWVILLE, Cumberland County,Pennsylvania,being NOtgyPubllc (Municipality) 73 SOUTH HIGH STREET,NEWVI COMMONWEALTH OF PENNSYLVANIA PA 17241-1405 P rceINo.28-20.1756M17A Notarial seal Sherrie L.Owens,Notary Public ( creage or street address) Lauver Paxton Tw ,provements thereon:RESIDENTIA. R,Dauphin County WELLING MY Commission Expires Nov.26,2015 JUDGMENT AMOUNT`.$19,013.56. MEMBER,PENNSYLVANIA ASSOCLAIION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: 1,Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Stanwich Mortgage Loan Trust Tr is the grantee the same having been sold to said grantee on the 3rd day of Apn �1 A.D.,2013,under and by virtue of a writ Execution issued on the 15th day of August, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 1844, at the suit of OneMain Financial Inc FKA CitiFinancial Ser Inc against Bradley Mills is duly recorded as Instrument Number 201324177. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this— day of 0, A.D. t2O Recorder Recorder of Deeds ofDMe Cumberland County,Carlisle,PA My Commission Expires the Fat Monday of Jan.2014