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HomeMy WebLinkAbout12-2246Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff ? c .a . c3 ? C= > CitiMortgage, Inc., v. PLAINTIFF, Kathy Jo Brownawell 230 W. Dauphin Street Enola, PA 17025 Marley S. Beck Jr. 230 W. Dauphin Street Enola, PA 17025, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA to 1 _ ail DOCKET NO: , a ? CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT - CIVIL ACTION NOTICE TO DEFEND 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 of 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. S uMA v?o3. 7-5 ?J 41? Ck.? aY39 Q?a736ss Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 PLAINTIFF, CitiMortgage, Inc., V. Kathy Jo Brownawell 230 W. Dauphin Street Enola, PA 17025 Marley S. Beck Jr. 230 W. Dauphin Street Enola, PA 17025, DEFENDANTS Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, CitiMortgage, Inc., by and through its undersigned attorney brings this action in mortgage foreclosure upon the following cause of action: Plaintiff, CitiMortgage, Inc., is a corporation with its principal place of business at 1000 Technology Drive, O'Fallon, MO 63368-2240. 2. Defendants are the real owners and grantees in the last Deed of record to the real property located at 230 W. Dauphin St., Enola, PA 17025 and, if applicable, riparian rights appertaining thereto (hereinafter referred to as "Premises"); having acquired title to the 10. 11. 12 terms of the aforesaid Mortgage, upon breach and failure to cure said breach after written notice thereof, all sums secured by said Mortgage shall be immediately due and owing. The terms of the aforesaid Mortgage further provide that, in the event of default, Plaintiff is entitled to, inter alia, costs, escrow advances, corporate advances, and attorneys' fees. The following amounts are due as of January 30th 2012: Principal $ 44,660.60 Accrued Interest through January 30, 2012 $ 16636.91 Late Fees $ 98.68 BPO $ 641.00 Property Inspection $ 240.25 Miscellaneous $ -4411.68 5% of Principal for Attorneys' Fees $ 2,233.03 Property Preservation $ 24.50 Servicing Fees $ 65.50 Tax Advance $ 3458.58 Paid Attorney F&C $ 4588.43 Paid Bankruptcy F&C $ 700.00 Purged Balance -209.25 Total $ 68,726.55 plus additional pre judgment and post judgment interest at the per diem rate of $14.38 per day or at the adjusted amount if the interest rate is variable, additional late charges, additional corporate advances, additional escrow advances, and any/all other sums recoverable by Plaintiff under the terms of the aforesaid Mortgage. If the Mortgage is reinstated prior to a sheriff's sale, the attorneys' fees set forth in the preceding paragraph may be less than the amount demanded based on work actually performed. The attorneys' fees requested in the preceding paragraph are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect attorneys' fees of up to five percent (5%) of the remaining principal balance in the event the Premises is 5 sold to a third party purchaser at sheriff's sale; or, if the complexity of the action requires additional fees, such fees may exceed the amount demanded in the preceding paragraph. 13. Plaintiff is not seeking a judgment on personal liability (or an in personam judgment) against Defendants in this action but reserves the right to bring a separate action to establish that right, if such right exists. If Defendants received a discharge of personal liability in a bankruptcy proceeding, this action is in no way an attempt to re-establish the personal liability that was discharged in bankruptcy, but only to foreclosure the Mortgage and sell the Premises pursuant to Pennsylvania law. 14. Notice of Intention to Foreclose pursuant to 41 P.S. ' 403 and/or the Homeowner=s Emergency Mortgage Assistance Act of 1983, 35 P.S. ' 1680.402c, et sea. (hereinafter collectively referred to as "Act 91 Notice") is not required as the original mortgagors are deceased. 15. Because the aforementioned tax sale was a tax upset sale, and not a judicial sale, Plaintiff's Mortgage was not divested thereby. WHEREFORE, Plaintiff respectfully requests that judgment in rein be entered in its favor and against Defendants, Olen E. Jumper, for foreclosure and sale of the Premises in the amounts due as set forth in Paragraph 11., namely $68,726.55, plus additional pre-judgment and post judgment interest at the per diem rate of $14.38 per day or at the adjusted amount if the interest rate is variable, additional late charges, additional corporate advances, additional escrow advances, any/all other sums recoverable by Plaintiff under the terms of the aforesaid Mortgage and promissory note, and such other relief as this Court deems just and proper. RICHARD M. SQUIRE & Date: Y/) -Z- By: Richard M quire<Esq. (PA I.D.# 04267) AIM. Tro man, Esq. (PA I.D.# 85165) 115 West Avenue, Suite 104 Jenkintown, PA 19046 215-886-8790 215-886-8791 (fax) rsquire@squirelaw.com tfreedman@squirelaw.com Attorneys for Plaintiff UNLESS YOU NOTIFY US WITHIN THIRTY (30) DAYS AFTER RECEIPT OF THIS LETTER/NOTICE/PLEADING THAT THE DEBT, OR ANY PART OF IT, IS DISPUTED, WE WILL ASSUME THAT THE DEBT IS VALID. IF YOU DO NOTIFY US OF A DISPUTE, WE WILL OBTAIN VERIFICATION OF THE DEBT AND MAIL IT TO YOU. ALSO UPON YOUR REQUEST WITHIN THIRTY (30) DAYS, WE WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR IF DIFFERENT FROM THE CURRENT CREDITOR. THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. FORM Ii IN THE COURT OF COMMON PLEAS O> ' CitiMortgage, Inc. CUMBERLAND COUNTY, PENNSYLV? Plaintiff(s) VS. -n Kathy Jo Brownawel l and Marley S. Beck Jr. Ica c:?; Defendant(s) off' ?{fpCivil Y r NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attsched hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. TEUS PROGRAM IS FREE. Respectfully submitted: Date [Signature of Counsel for Plaintiff) /RICHARD M. SQUIRE & ASSOCIATES, LLC M. Troy Freedman, Esq. (PA I.D.# 85165) 115 West Avenue, Suite 104 Jenkintown,.PA 19046 215-886-8790 215-886-8791 (fax) FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete-your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: Is the property for sale? Realtor Name: Borrower Occupied? Mailing Address (if different); State: Zip: Yes ? No ? Listing date: Price: $ Realtor Phone: Yes ? No ? City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? Mailing Address: City: Phone Numbers: Email: # of people in household: First Mortgage Lender: Type of Loan: State: Zip: Home: Cell: Office: Other: How long? Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ? No ? If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #l: Model: Year: Amount owed: Value: Automobile #2: Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorc c? les): Model: Year: Amount owed: Value Monthly Income Name of Employers: 2. 3. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 Mortgage Utilities Car Pa ens Condo/Nei . Fees Auto Insurance Med. not covered Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Money Da /Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ? No ? If yes, please provide the following information: Counseling Agency: Counselor: Phone.(Ofi'ice): Fax: 2 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes' ? No ? If yes, please indicate the status of the application: Have you had any prior negotiations with your tender or lender's loan servicing company to resolve your delinquency? Yes ? No ? If yes, please indicate the status of those negotiations: Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: me, , authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that 1/we am/are under no obligation to use the services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: V Proof of income -Yj Past 2 bank statements Y11 Proof of any expected income for the last 45 days -Yr Copy of a current utility bill Y Letter explaining reason for delinquency and any supporting documentation (hardship letter) Listing agreement (if property is currently on the market) 3 FORM 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CitiMortgage, Inc. vs. Kathy Jo Brownawell and Marley S. Beck Jr. Plaintiff(s) Defendant(s) CIVIL REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated , 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program" and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel/Appointed Legal Representative Signature of Defendant Signature of Defendant Date Date Date FORM 4 CitiMortgage, Inc. Plaintiff(s) vs. Kathy Jo Brownawell and Marley S. Beck Jr. Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. CASE MANAGEMENT ORDER AND NOW, this day of , 20 , the defendant/borrower in the above-captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised conciliation Conference on at M. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant/borrower, Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be. made may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not. contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, J. SHERIFF'S OFFICE OF CUMBERLAND COUNTY ? r t Ronny R Anderson "' f, " i s r Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor PAY -3 AM 9: 13 Cl1M6E.1;LAND COUij s °'i' PE?it%!SYL''M'41A CITIMORTGAGE, Inc. vs. Kathy Jo Brownawell (et al.) Case Number 2012-2246 SHERIFF'S RETURN OF SERVICE 04/17/2012 04:04 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April 17, 2012 at 1604 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Kathy Jo Brownawell, by making known unto herself personally, at an address to remain confidential, Cumberland County, Pennsylvania its contents and at the same time handing to er personally the said true and correct copy of the same. Request for service at 230 W. Daup ' tr t Eno a, Pennsylvania 17025 is vacant. ((// SHAWN HARRISON, DEPUTY 04/26/2012 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: Marley Scott Beck, Jr., but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program as not found as to the defendant Marley Scott Beck, Jr. A neighbor advised Deputies the Defendant only stops by to receive his mail. Request for service at 230 W. Dauphin Street, Enola, Pennsylvania 17025 is vacant. SHERIFF COST: $70.00 April 26, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire Craig Oppenheimer, Esquire I.D. Nos. 04267 / 85165 / 313264 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-879 CitiMortgage, Inc., PLAINTIFF, V. Kathy Jo Brownawell 230 Dauphin Street Enola, PA 17025 Marley S. Beck 230 Dauphin Street Enola, PA 17025 Olen E. Jumper, Deceased, and all known and unknown individuals, heirs, successors, assigns, business entities, non-profit entities, and/or charitable entities having and/or claiming any right, title, and/or interest in and/or from the decedent. 230 W. Dauphin Street Enola, PA 17025 Romaine M. Jumper, Deceased 230 W Dauphin Street Enola, PA 17025 DEFENDANTS Attorneys for Plaintiff t Ir' `'? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 2012-2246 CIVIL ACTION MORTGAGE FORECLOSURE PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: CMI-299F S:1/KG dMA&Ij- 7sPd a e?? as3?s . , .--w Kindly mark the Plaintiff's Complaint in the above matter as reinstated pursuant to Rule 401 (b) and Rule 1141 Pa. R. C. P. RICHARD M. SQUIRE & ASSOCIATES By: M. y Freedman, Esq. ttorneys for Plaintiff Date: June 18, 2012 CMI-299F S:1/KG SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson I 1;:.: t Sheriff Jody S Smith Chief Deputy ! 2 JU 3: 2 4 Richard W Stewart i Solicitor CITIMORTGAGE Inc (.,ase Number vs. Kathy Jo Brcwnawell (et al.) :?012-2246 SHERIFF'S RETURN OF SERVICE 06/22/2012 04:17 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on June 22, 2012 at 1617 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the withir named defendant, to wit: Marley Scott Beck, Jr., by making known unto Steve Ramsey, Step Father of Defendant at 430 S. Enola Drive, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. RYAN BURGETT DE'Puty SHERIFF COST $4:3 00 June 28, 2012 SO ANSWERS, RONm R ANDERSON, SHERIFF Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire Craig Oppenheimer, Esquire ID. Nos. 04267 / 85165/ 313264 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff y IA' ?-NO TA 0 ?112UG-2 A11`08 PENN YI VVAN A Y CITIMORTGAGE, INC., PLAINTIFF, V. KATHY JO BROWNAWELL 230 W. DAUPHIN STREET, ENOLA, PA 17025 MARLEY S. BECK, JR. 230 W. DAUPHIN STREET, ENOLA, PA 17025 DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 2012-2246 CIVIL CIVIL ACTION MORTGAGE FORECLOSURE PLAINTIFF'S MOTION TO TERMINATE STAY OF FORECLOSURE PROCEEDINGS The Plaintiff, CitiMortgage, Inc., by and through undersigned counsel, M. Troy Freedman, Esquire, hereby moves this Honorable Court to terminate the stay of foreclosure proceedings imposed by virtue of the Cumberland County Mortgage Foreclosure Diversion Program. In support thereof, the Plaintiff avers as follows: On March 2, 1998, individuals named Olen E. Jumper and Romaine M. Jumper, who are now both deceased, made, executed, and delivered a Mortgage to Associates Consumer Discount Company (hereinafter referred to as"Originating Lendef) as security for their payment and other obligations in consideration of a mortgage loan made to Olen E. Jumper and Romaine M. Jumper by the Originating Lender. True and correct copies of the recorded Mortgage and Loan Agreement are collectively attached hereto as Exhibit" P' and made a part hereof' 2. The Defendants, Kathy Jo Brownawell and Marley S. Beck are the real owners and grantees in the last deed of record to the real property located at 230 W. Dauphin Street, Enola, PA 17025 (hereinafter referred to as the`f'rmises), having acquired title to the Premises by Deed dated January 11, 2002 and recorded on January 16, 2002 from the Tax Claim Bureau of Cumberland County through and as a result of a tax upset sale.2 3. By virtue of acquiring title to the Premises at a tax upset sale, the Defendants took the Premises subject to the Plaintiffs Mortgage, and all rights of the Plaintiff deriving therefrom. 4. The aforesaid Mortgage is in default because the required monthly payments due thereunder have not been made from August 15, 2010 through the present date. 5. Due to the default status of the Mortgage loan account, the Plaintiff properly commenced an action in foreclosure pursuant to Paragraph 6. of the Mortgage and Pa. R.C.P. 1141 et seq. 6. The Plaintiffs Complaint was filed on April 9, 2012. A true and correct time-stamped copy of the Plaintiffs Complaint is attached hereto as Exhibit"4'and made a part hereof. 7. Pursuant to the recently enacted Cumberland County Mortgage Foreclosure Diversion Program (hereinafter referred to as`Diversion Program), the Plaintiffs Complaint included True and correct copies of death certificates issued by the Pennsylvania Department of Vital Records for Olen E. Jumper and Romaine M. Jumper are collectively attached hereto as Exhibit "2" and made a part hereof. '` A true and correct recorded copy of the January 11, 2012 Tax Claim Bureau deed from the Cumberland County Tax Claim Bureau and the Defendants is attached hereto as Exhibit "Y and made a part hereof. included a Notice of Residential Mortgage Foreclosure Diversion Program (hereinafter referred to as "Important Notice") and Financial Worksheet. 8. The Defendants were served with the Complaint in Mortgage Foreclosure on April 17, 2012 and June 22, 2012, respectively. True and correct copies of the Returns of Service for both defendants are collectively attached hereto as Exhibit "5" and made a part hereof. Notably, neither of the Defendants was able to be served with the Complaint in Mortgage Foreclosure at the Premises. See Ex. "5" (Defendant Kathy Jo Brownawell was served by the Cumberland County Sheriff at an undisclosed location; the Sheriff reported the Premises as being vacant. Defendant Marley Scott Beck was served by the Cumberland County Sheriff at 430 S. Enola Drive, Cumberland County, Pennsylvania, PA 17025). 9. By virtue of the requirements of the Diversion Program, all foreclosure proceedings are stayed for a sixty (60) day period from the date of service of the complaint. 10. In the February 28, 2012 Administrative Order issued by the Court of Common Pleas of Cumberland County establishing the Diversion Program, the program requirements was intended to apply only to those properties which "serve as the primary residence of the defendant/borrower." A true and correct copy of the February 28, 2012 Administrative Order is attached hereto as Exhibit "6" and made a part hereof. 11. The Defendants do not qualify for inclusion under the Diversion Program as the property is not their primary residence, and according to the Returns of Service of the Cumberland County Sheriff, the Defendants have apparently vacated and abandoned the mortgaged premises. 12. Further, the Defendants are not the original mortgagors/obligors under the Plaintiff's Mortgage and Loan agreement. 13. Pursuant to Cumberland County Local Rule 208.3(a)(9), Plaintiff sent a request for concurrence with copies of the herein Motion to Terminate Stay of Foreclosure Proceedings and Plaintiff's Proposed Order to Defendant on July 23, 2012 via simultaneous regular mail and certified mail, return receipt requested. True and correct copies of the cover letter and proofs of the aforesaid mailing are collectively attached hereto as Exhibit "T' and made a part hereof. Defendants have not responded to Plaintiff's request for concurrence. 14. This matter has not been assigned to a Judge for disposition. WHEREFORE, the Plaintiff respectfully requests that this Honorable Court terminate the stay of foreclosure proceedings imposed by virtue of the Cumberland County Mortgage Foreclosure Diversion Program and declare Plaintiff free to resume foreclosure proceedings including (without limitation) obtaining a judgment, in rem, in favor of the Plaintiff and against the Defendants, Kathy Jo Brownawell and Marley S. Beck, in the amount as set forth in the Plaintiff's Complaint together with ongoing interest at the rate of $9.60 per day; additional late fees; additional attorneys' fees; additional escrow advances; additional corporate advances; any additional recoverable costs to date of Sheriffs Sale; and for foreclosure and sale of 230 W. Dauphin Street, Enola, PA 17025. Respectfully submitted, RICHARD M. SQUIRE & ASSOCIATES, LLC By: _ ? Richard . Squire, Esq. (PA LD.# 04267) M. T y Freedman, Esq. (PA I.D.# 85165) Cr g Oppenheimer, Esq. (PA I.D.#313264) 115 West Avenue, Suite 104 Jenkintown, PA 19046 215-886-8790 215-886-8791 (fax) rsquire ,squirelaw com tfreedmanasquirelaw com coppenheimer@squirelaw.com Date: July 2012 Attorneys for Plaintiff 3l , Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire Craig Oppenheimer, Esquire ID. Nos. 04267 / 85165 / 313264 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff CITIMORTGAGE, INC., PLAINTIFF, V. KATHY JO BROWNAWELL 230 W. DAUPHIN STREET, ENOLA, PA 17025 MARLEY S. BECK, JR. 230 W. DAUPHIN STREET, ENOLA, PA 17025 DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 2012-2246 CIVIL CIVIL ACTION MORTGAGE FORECLOSURE BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO TERMINATE STAY OF FORECLOSURE PROCEEDINGS On March 2, 1998, individuals named Olen E. Jumper and Romaine M. Jumper, who are now both deceased3, made, executed, and delivered a Mortgage to Associates Consumer Discount Company (hereinafter referred to as "Originating Lender") as security for their payment and other obligations in consideration of a mortgage loan made to Olen E. Jumper and Romaine M. Jumper by the Originating Lender. See generally, Ex. "1." The Defendants, Kathy Jo Brownawell and Marley S. Beck are the real owners and grantees in the last deed of record to the real property located at 230 W. Dauphin Street, Enola, PA 17025 (hereinafter referred to as the "Premises"), having acquired title to the Premises by Deed dated January 11, 2002 and recorded on January 16, 2002 from the Tax Claim Bureau of 3 See generally, Ex. "I" Cumberland County through and as a result of a tax upset sale. See generally, Ex. "3." By virtue of acquiring title to the Premises at a tax upset sale, the Defendants took the Premises subject to the Plaintiff's Mortgage, and all rights of the Plaintiff deriving therefrom. The aforesaid Mortgage is in default because the required monthly payments due thereunder have not been made from August 15, 2010 through the present date. Due to the default status of the Mortgage loan account, the Plaintiff properly commenced an action in foreclosure pursuant to Paragraph 6. of the Mortgage and Pa. R.C.P. 1141 et seq. The Plaintiffs Complaint was filed on April 9, 2012. See generally, Ex. "4." Pursuant to the recently enacted Cumberland County Mortgage Foreclosure Diversion Program (hereinafter referred to as "Diversion Program"), the Plaintiff s Complaint included a Notice of Residential Mortgage Foreclosure Diversion Program (hereinafter referred to as "Important Notice") and Financial Worksheet. The Defendants was served with the Complaint in Mortgage Foreclosure on April 17, 2012 and June 22, 2012, respectively. See generally, Ex. "5." Notably, neither of the Defendants were able to be served with the Complaint in Mortgage Foreclosure at the Premises. See id. (Defendant Kathy Jo Brownawell was served by the Cumberland County Sheriff at an undisclosed location; the Sheriff reported the Premises as being vacant. Defendant Marley Scott Beck was served by the Cumberland County Sheriff at 430 S. Enola Drive, Cumberland County, Pennsylvania, PA 17025). By virtue of the requirements of the Diversion Program, all foreclosure proceedings are stayed for a sixty (60) day period from the date of service of the complaint. In the February 28, 2012 Administrative Order issued by the Court of Common Pleas of Cumberland County establishing the Diversion Program, the program requirements was intended to apply only to those properties which "serve as the primary residence of the defendant/borrower." See those properties which "serve as the primary residence of the defendant/borrower." ,See generally, Ex. "6." The Defendants do not qualify for inclusion under the Diversion Program as the property is not their primary residence, and according to the Returns of Service of the Cumberland County Sheriff, the Defendants have apparently vacated and abandoned the mortgaged premises. Further, the Defendants are not the original mortgagors/obligors under the Plaintiff's mortgage and loan agreement. Pursuant to Cumberland County Local Rule 208.3(a)(9), Plaintiff sent a request for concurrence with copies of the herein Motion to Terminate Stay of Foreclosure Proceedings and Plaintiff's Proposed Order to Defendant on July 23, 2012 via simultaneous regular mail and certified mail, return receipt requested. See generally, Ex. "T" Defendants have not responded to Plaintiff's request for concurrence. For all of the foregoing reasons, the Plaintiff respectfully requests that this Honorable Court terminate the stay of foreclosure proceedings imposed by virtue of the Cumberland County Mortgage Foreclosure Diversion Program and declare Plaintiff free to resume foreclosure proceedings including (without limitation) obtaining a judgment, in rem, in favor of the Plaintiff and against the Defendants, Kathy Jo Brownawell and Marley S. Beck, in the amount as set forth in the Plaintiff's Complaint together with ongoing interest at the rate of $9.60 per day; additional late fees; additional attorneys' fees; additional escrow advances; additional corporate advances; any additional recoverable costs to date of Sheriffs Sale; and for foreclosure and sale of 230 W. Dauphin Street, Enola, PA 17025. Respectfully submitted, RICHARD M. SQUIR" ASSOCIA By: ich M. Squire, Esq. (PA LD.# 04267) M. Ti?o'y Freedman, Esq. (PA I.D.# 85165) Craig Oppenheimer, Esq. (PA I.D.#313264) 115 West Avenue, Suite 104 Jenkintown, PA 19046 215-886-8790 215-886-8791 (fax) rs uire&squirelaw.com tfreedman(u squirelaw corn coppenheimerksquirelaw com -, Date: July 2012 Attorneys for Plaintiff 3 ? , Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire Craig Oppenheimer, Esquire ID. Nos. 04267 / 85165 / 313264 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff CITIMORTGAGE, INC., V. PLAINTIFF, KATHY JO BROWNAWELL 230 W. DAUPHIN STREET, ENOLA, PA. 17025 MARLEY S. BECK, JR. 230 W. DAUPHIN STREET, ENOLA, PA 17025 DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 2012-2246 CIVIL CIVIL ACTION MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE 1, M. Troy Freedman, Esquire, hereby certify that, on this date, I served or caused to be served a true and correct copy of the foregoing Plaintiffs Motion to Terminate Stay of Foreclosure Proceedings, Brief in Support thereof, Verification, and proposed form of Order upon the following persons/entities via simultaneous regular mail, postage prepaid and certified mail, return receipt requested: KATHY JO BROWNAWELL 230 W. DAUPHIN STREET, ENOLA, PA 17025 MAR-LEY S. BECK, JR. 230 W. DAUPHIN STREET, ENOLA, PA 17025 Date: July 3 L 2012 and 430 S. Enola Drive, Enola, PA 17025 RICHARD M. SQUIRY, & ASSOCIAT-B; By: Richard rreedman, qre, Esq. (PA I.D.#. 04267) ?M. Tr Esq. (PA I.D.# 85165) C' ra ppenheimer, Esq. (PA LD.# 313264) 115 West Avenue, Suite 104 Jenkintown, PA 19046 215-886-8790 215-886-8791 (fax) rsquire@sguirelaw.com tfreedman@squirelaw.com cODpenheimer(c_sguirelaw com Attorneys for Plaintiff Exhibit,,i,, U41 c 0 MORTGAGE Is This Mortgage, enterea into this? day of MARCH 1998, between OLEN F. TU?IPFR and ROiIATNE 11. JUi1PER (DFCEASFD) Of EAST PENNS13crRR0 q? ? yyry?{{ ,Sd. tm, X Townshp) Corr•monweaith o` Pennsylvania, herein called "Mortgagors", and ASSOCIATES CONSUMER DISCOUNT COMPANY, a Pennsylvania corporation having an office and place of business at 50$0 C JONESTOKI RD. IIARRISBURG Pennsy-van a, herein called 'Mortgagee " Wi T NESSETH, that to secure payment by Mortgagors of a Loan Agreement dated the same as this Mortgage in the sum of $ 45038.2,' together with interest at the rate stated in the Loan Agreement, Mortgagors do by these presents sell, grant and convey to Mortgagee, ALL the following described real estate situate in the TOWNSHIP of EAST PENNSBORO Ccunty of CUiNBERLAND , Commonwealth of Pennsylvania, described as follows (Insert desciipaon of mortgaged premises trom kiortgagors' Nod) ALL THAT CERTAIN PARCEL OF LAND SITUATED IN THE TOWNSHIP OF EAST PENNSBORO B(BINC-- K.NO'<'N AS 230 DUAPHIN STREET AND BEING `LORE FULLY DESCRIBED N DEED BOOK Y-30 j%GE 737 RECORDED ON 8/19/63 AINIONC, THE LAND RECORDS OF CUMBERLAND COUNTY, PA. G iv - f r--' TOGETHER with all the buildings and improvements thereon and additions and alteratioris thereto, including all alleys, passageways ngh;s, liberties, privileges, hereditaments and appurtenances whatsoever thereunto belonging, or appertaining, herein callea the PAcrijagea Premises TO HAVE AND TO HOLD the Mortgaged Premises hereby granted and conveyed unto Mortgagee, to and for the use and behoof of Mortgagee, its successors and assigns, forever ,,n ess proh,bitea under state law, as additronal security, Mortgagars hereby give to and confer upon Mortgagee the right, power, ane authority d wing the continuance of this Mortgage, to collect the rents, issues, and profits of said property, reserving unto Mortgagors the rigrt prior to any default by Mortgagors in payment of any indebtedness secured hereby or in performance of any agreemert hereunder, to collect and retain such rents, issues and profits as they become due and payable Upon any such default, Mortga;ee, upon g,ving written notification to the Mortgagors or their successors, etc , may either in person, by agent, or by a rece.ver to W apreinted by a court, and without regard to the adequacy of any security for the indebtedness hereby secured, enter uoon and take possession of said property or any part thereof, in his own name, sue for or otherwise collect such rents, issues and profits, including those past d,je and unpaid, and apply the same, less allowable expenses of collection of such rents, issues and profits, ara Ine appl cation thereof aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice T';lS Mortgage is made subject to the following conditions, and mortgagors agree Vo,tgagors will mane all payments on tree due date thereof and perform all otner obligations as required or provided herein ano in said Loan Agreement Mortgagors vnll pay wher due all taxes and assessments levied or assessed against said premises or any part thereof, and wll deliver receipts therefor to the Mortgagee upon request Wortgagors will keep the improvements now existing or hereinafter erected on the premises insured against loss or damage by fire and other hazards and penis included within the scope of a standard extended coverage endorsement, and such o :her hazards as Mortgagee may require, in such amounts and for such periods as Mortgagee may require, and in an insurance company or insurance compan;es acceptable to Mortgagee All insurance policies and renewals shall des,gnate Mortgagee as mortgage loss payee and shall be in a form acceptable to Mortgagee Mortgagors hereby confer full power on .",origagee to settle and compromise ail loss claims on all such policies, to demand, receive, and receipt for all proceeds cecom'ng payable thereunder, and, at Mortgagee's option, to apply same toward either the restoration or repair of trie premises or the payment of the Loan Agreement Any application of such proceeds toward payment of the Loan, Agreem,arit shall not extend or postpone the due date of monthly installments due under the Loan Agreement Tt'e provisions appearing on page 2 (the reverse side of this Mortgage) are a part of this Mortgage. ? 1?RIGfNAt (tj 6"a92 P°J 9s.? BORROWER COPY (1) u, 435 PAGF..7 ! 4 aznn 03 RETENTION COPY (1) Additior0rovistons referred to on page 1 (the other *of this Mortgage) ;f Mortgagors fad b perform the covenants and agreements container r this Mortgage, includi%, without I mitatmr, covenants ro pay taxes procure insurance, ano protect aga•rst prior ,ens. Mortgagee may a' Its optic^ but shall not ne required to, drsourse such sums and take sucn actions necessary to pay such taxes, procure such insurance or otherwise to protect tlortgagee's interest Any amour,* disbursed oy Mortgagee hereunder shall be an additions' obligation of Mortgagors secured by this Mortgage Untess Mortgagors and tvto,tgagee agree otherwise, a I si.c>i amounts shall be payable mmedwely by Mortgagors Lpon notice from Mortgagee to Mortgagors, and may bear interest rrorr the date of d.sbursement by Mortgagee at 'he lesser of the Agreed Rate of interest stated in t1-te Loan Agreement or 'he highQSt interest rate permissible by appl cable law Nothing contained in this paragraoh shall require Mortgagee to 'rcur any expense or take any action whatsoever 4 Mortgagors w 11 neither commit nor suffer any strp, waste, Impairr-er, or deterioration of t'ie mortgaged premrses aro wil maintain the same in good order and repair 5 In the event the Mortgagors sell, agree to sell, convey, assignor alienate the Mortgaged Pr en. ses, all obligations secured by *'its Mortgage shall become due and payable at the option of the Mortgagee 6 in the event the Mortgagors defauit n. :he making of any payment due and payable under sa,d Loan Agreement or tri tie keeping and performance by Mortgagors of any of the conditions or covenants of this Mortgage o• said Loan Agreement Mortgagee may forthwith bring an Action of Mortgage Foreclosure hereon, or institute other foreclosure proceedings upon this Mortgage, and may proceed to iucigment and execution to recover the balance due on said Loan Agreement and any ovie• sums that may be due thereunder, -nclucirrg attorney fees o` 4545 of the balance due and payable on said Loan Agreement costs of su", and costs of sate together with interest after judgment at the rate charges under the terns o` 'he Loan Agreement BUT PROVIDED ALWAYS that if Mortgagors oo pay or cause this Mortgage and the debt hereby secured to oe oaid in full on 0)e day and in the manne- provided in saro Loan Agreement, tnen tnis Mortgage and the estate hereby granted shall cease ara determine and become voro arythrig `,ereiri to the contrary notwnthstandirig The covenants herein contained shall bind and the benefits and advantages shall i-itJre to the respective hers, executors, admimstramfs, successors, and ass,gns o' the par' es hereto Whenever used, the singo'ar number shall include the plural, the ptu•al t`1e singular, and the use o` any gander snail be app,icable to a'i genders Payment of this Mortgage is subject to the terms and conditions of said Loan Agreement of even date oetween 'Aortgago-s ano krortoanee IN WITNESS WHEREOF, the sa.d Mortgagors have signed this Mortgage withseal(s) affixes on '.he date f, .`= &te fert Signed Sea'ed and Deliv*red in thtrP-resence o° fiSEALI ?j OT,RN R_ .TT"4-PFR (SEA'..) R0 MATVF rt.-ILTfPF.R (T)F.r RA.4F.n) ? .aI i COMMONWEALTH OF PENNSYLVANIA ` COUN 7 Y OF ?Lfi`'`n ? ?`1 SS On this 0` day of IMARCHT 1994 , before me, a Notary Fubl,c, carne OLE_1 L. JUMPER Mortgagor(s) above named, and acknoweaged .ne within Mortgage tone ?LfTS h'RT?`r, aac' end deed, and des,red the same to be recorded as such f WITNESS my nano aria seat the day and year afores&d f r N tarial Seal Laura N1 Leed, Notary Publ,c° r D`b J-arnsburg, Dauphin County CERTIFICATE OF RESIDE Z My :,omm,ssion Expires M;Prota 10 2 01 t. -an ,s.liana Assoc =t cr Y Plalahes KALLRE?t CA?ARELLA of Associates Consumer Disetx nt Company, t?fo•tGagee narned n the foregoing Mortgage, hereby certify that the address of sate Mortgagee rs t= . ry? 5080 C JONESTOWN RD HARRIS13URG r. •? , Pennsylvania WITNESS my hard, this 2 day of MARCH L, 1998 i '- L?J 93 GJ Ageri of - - ??Ki435Pac4, 775 • Loan Agreement PENMYLVANA ENDER TILE V IST MORTGAGE ASSOCIATES CONSUMER DISCOUNT COMPANY 2tl0 MORTGAGE OVER Mow VARIABLE-FIXED RATE 9ALL00R 0335 5020 C JONESTOtZN rn EiARR;SBURG PENNSYLVANIA oV11C rCwf .i AE%c C?V b e F . El .1:C'.ril: atFP 14._ t. •4V OVE t A+.4 )1riEV: 3llE W,'v-fEE?uJ I.eM]OAFA I,1 _02208597 lis 103/02/98 t 03115/28 $.00 vaw;.:ri I? % JU2:DER,GLEN ?U177 lYRp[%;PI 5 S ) .001 247232 86 q,Wa ?.I RNANCE 147232 86 +- - . 1 230 W DAUPHIN ST cr?,rlM1E,,grREU acarra.,•ar?. ?' . CHARGE uaaranvucm?i SNOLA $.oo $.00 45038-77 45038 PA 17025-2209 cvxrwcfnimal "' rorti $.00 f 45038 77 7 ' 292271.63 S'1?.1Mta 3`i..F GO A.'?. ONER,IDr}SiW"aFl R0.. YAttwlWE --.-__-, 04/15/98 'ma" and "my" refer to the Bar, ower(s) and Co-Borrower(s) named above "You' and 'your" refer to the tender named above REPAYMENT f promise to pay you, at your office the Principal Balance together with interest thereon calculated at the Agreed Rate of Interest as determined below unhi fully paid I vA; repay my loan by making the monthly payments set forth in the Payment Schedule below Payments will be made on the same date of every month beginning on the First Payment Date slated above until the loan is fully paid Each payment I make unit be applied first to interest and other authorized charges owed to the date of payment and remainder to the Principal Balance All amounts owed writ be due and payable on the Final Payment Date shown above PAYMENT Monthly Payment(s) in the amount(s) shown below will be due as shown below (For Variable Rate Loans, this Schedule SQ-rEDU-E may change) S 691.28 beginning on 04/15/99 , followed by 9 533,55 beginning on 05/15/98 , followed by S 5.00 beginning on 00/00/00 , followed by S $.00 beginning or 00/00/00 , followed by S•00 on 00/00/00 AGREED Wmchever boxes are checked, the corresponoing provision applies 1A -E OF INTEREST FIXED RATE ?- The Agreed Rate of Interest on my loan is 14.00 % per annum DISCOUNTED The Agreed Rate of Interest on my loan is % per annum However, for the first payment periods e'XED RATE of my loan term, the Agreed Rate of Interest will be S6 VARIABLE _ THIS IS A VARIABLE INTEREST RATE LOAN AND THE AGREED RATE OF INTEREST WILL INCREASE OR PATE DECREASE WITH CHANGES IN THE INDEX The Index is the "Bank Prime Loan Rate" published in the Federal Reserve Board's Statistical Release H 15 The Agreed Rate of Interest is determined by the sum of the Index plus a margin CURRENT The Index as of the last business day of Lsmy margin therefore my current RATE Agreec Rate of Interest is _% per year My Agreed Rate of Interest is subject to change when the value of the Index changes as set forth below The rate cannot increase or decrease more than 2% in any year in no event, however, will the rate ever be less thany % per year nor more than % per year MONTHLY _ The Agreed Rate of Interest is subject to change the 151h day of every month if the Bank Prime Loan Rate, as RATE of the last business day of the preceding month, has increased or decreased by at least 114 of a percentage CHANGE/ point from the rate for the previous month Adjustments in the Agreed Rate of Interest will be given effect by ANNUAL changing the dollar amounts of the remaining monthly payments in the month following the anniversary date of PAYMENT the loan and every 12 months thereafter so that the total amount due under this Loan Agreement will be paid by CHANGE the final payment date, excluding any balloon payment, if applicable Associates waives the right to any interest rate increase after the last anniversary date prior to fie fast payment due date of the loan The rate will not cnange before the First Payment Due Date SEMI-ANNUAL The Agreed Rate of Interest is subject to change on the sixth payment due date and every sixth month RATE CHANGE/ thereafter it the Bank Prime Loan Rate, as of the last business day of the month preceding the previous montn SEMI-ANNUAL has Increased or decreased by at least 1/4 of a percentage point from the rate for the previous six month PAYMENT period Adjustments in the Agreed Rate of Interest will be given effect by changing the dollar amounts of the CHANGE remaining monthly payments on the satin payment due date and every sixth months thereafter so that the total amount due under this Loan Agreement will be paid by the final payment date, excluding any balloon payment, if appl,cabre DISCOUNTED r However, until my sixth payment due date, my Agreed Rate of Interest is discounted and will be 14 per RATE tAc`PUES year ONi-Y TO LOANS SUBJECT TO Beginning with the sixth payment due date, the Agreed Rate of Interest will be determined by adding the margin SEMI-ANNUAL to the Index as of the fast business day of the month preceding the previous month and my payment wait CHANGES) change Thereafter, the Agreed Rate of fnteiest and payment will increase or decrease on the twelfth payment d. a date and every six months thereafter as stated in the paragraph rmmediat-i,. ?r IiIIUII 1141h111 '_ NOTICE See other side for additional loan terms (ORIGINAL (1) Nnhe „ s7 I IBORROV/ER copy (7) I aC278AC% IOo-BOAROWER copy (1) AFTER agree to pay nest after maturity at the Agreed Rate of Intereo MATURITY INTEREST DEFAULT 0 ,'Aft be in default if I fad to pay any payment o-, part of a payment on time or it l fail to comp,y with any o' the te•rrs of the Real Estate 4tortgage on the real estate given as security for this loan tf 1 default, you have the right to declare the entire unpaid amoun' of my iazn immediate;Y due and payaoie wi,ho it giving me notice or asking me to pay if this loan agreement is secured by a mobile home, t wilt be g,vett a no;,ce o` right to cure a default if I am entitled to this notice If you declare the balance of my loan due and payable, you have the rights and remedies provided for w he Real Estate Mortgage that secures this loan, mriuding be right to require me to pay any deficiency ATTORNEY 1 agree to pay reasonable aComey's fees, if this loan agreement is referred for collection to an attorney who is not PEES your salaried employee BAD CHECK If any check or instrument given as payment on th,s indebtedness is dishonored, I agree to pay a service charge ChARQE o'$20 00 PREPAYMENT f have the right to pay in advance at any time If I prepay in full, no part of the loan fee will be refunded DELAY IN You can deiay enforcing your rights under this loan agreement without losing them If; default in comp;y,r:g votr. ENFORCEWENT any of the terms of my loan and you do not declare the loan balarce immed,ately due and payable, this does not mean you cannot do so in the future if t default again SECURIT'f I g;ve you a Real Estate Mortgage dated the same as this loan agreement to assure payment of my roan FOR THIS LOAN The following Notice is applicable if the proceeds of this loan are applied in whole or in substantial part for the purchase of goods or services from a seller who 1) refers consumers to the creditor, or 2) is affiliated witn the creditor by common control cor-ac; or business arrangement NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF, RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID ' BY THE DEBTOR HEREUNDER. it this is a first :mortgage [can the Alternative Mortgage Transaction Parity Act of 1982 and the Feaerai Depository Institutional Deregula- Wn and Monetary Control. Act of 1980 governs certain provisions of this loan If this is a second mortgage loan ove• $50,= the Alternative Mortgage Transaction Panty Act of 1982 governs certain provsions of this !oan I acknowledge receipt of a completely hiied-in copy of this loan agreeme^t U,l7'-Ess, ?90VP:J.NER F?r•'CNE%. Page 2 of 2 : c?'P ."ITG1 I. Exhibit "2" H (05.9;35 ItEV.{if t l ) I leis is to certify that this is a true copy of the record which is on file in the Pennsylvania Department of Health, in accordance with the. Vital Statistics Law of 1153, as amended, WARNING: It is illegal to duplicate this copy by photostat or photograph. 0 OF Marina O'Rcilly Matthew Acting State Registrar 6162228 APR No. Date HM 43 Rw. W - COMMONWEALTH OF PENNSYLVANIA + DEPAMENT OF HEALTH • VITAL RECORDS 016025 CERTIFICATE OF DEATH f?IAAENT ,tAYECFOEiCEOENrlF,xlided.Laeq - 599EF4EEYLTdeEA - 31ACKVX ,. a Olen E Jumper Male 162 oAeoFT?EfT,,w,aoa>? _ 22 :- e 883 , 61 1 i ffi ttr?t,vFar! Waft CNa __ uNOe„cur' aAECFe?ru. e?tC+r?+o >E+kFOFtl?NlChra tlod? I ,?adw s .od?;lat smaFnapdou*" cxwa+e_«e.nmwoaaenadw,w - , ? 71 r? Jul 7;1930 gecharkstwrg, PA ?, „ G ca G "e° lt. D Rsft" t7 D COUNTYOFUM C".80KrOOFDE" - tuWE orwomm. 0"wom a+detsdMM CF.1 ItNCQNISlNr •A -0-ft- ft YE Cumberland t Pemsboro Twp. ? t?r'r?C +? t pS t ?G ? No >rdCl . lMNC94Fyabt!(f?M1,M0. White TSTr?woa t at?eat.dadw +oa w.? , ,w. laoFa,ESSa,assnrr T v?HwEOFOCEGdOENf fmTtQe10N wancsrAEU:•Aa«n,e ww«,wrtdawuo•.a. stwvwEx:SrausE ..1. •?.,, GroceryStOre w? Na?l ? .? ? to ? h ! 2 Verbeke Street 0cm MarywIle, PA 17053 T'sttAt (Pv¢.lc?ya Percy Olen. Jumper, d st ? Leonard P. Jumper, Sr. OF dD Cl rnsawa rya ,rs,Dt`d.aaaanE,aa k bold ! Perry a?,aa+ ,rel"9twac'y11! LN+WEtf'iM.AliOdd.Mad.d9rn Mae Reynolds. ,i ort tan' .? ysv`"ie, PA 17053 WMNaFa».z?.?r Feb 25, 2002 ttion Society of PA Harrisburg„ PA 17110 man" 011$25-L J. S?aTEs Funeral Home 206 Maple Avenue Marpwille, PA 17053 , waeaaaa,auawo"Pip VCMNOW t]g 001#0 ORtw EEGIY>LE4aF,inaahr,ar Wso?lwlGV,Ex,SwyE IQ r- GHF OEE TO{CAASA-.... o? , 9 TN1IEW?Ftp;AtX:ECFk ! 4ETQi?IASACdlSEOOFp ? 0 Z OF{ERM CFCAUSE tbarr Ear ,?yaesa Ll ©. Q ?d, D Nd D YYa ? it cu D Na D sk?r D caW uia.aawna,a4 `D Fu?aFEUrtra.utpma lmaarset sal4ra . . nk ? e ,acrsa.aM d?zkmyurt '?+tMTt?W,¢nraoanca?no?aeanwanxn?drd?raoainaswuw,cadunasw ? ?T?? ? P'M+PKm2;ti TiAM baiPfml'ahdia.dU4fOfriteeddwbMlll(tiaddRYanti sa4iod..... . 1 . . .,...... .. .......,. . 'f'11atWWN?C,fP81 ?t7?Y8,R 1tiYS1CJAI1fNgypan.?e6tprxgxgrq aealsarA w UCE1tSENIHRER pg???,?.pM Tes,raneamE.awecuwss. dae a?ecareawm q?arae ......................... D sr;. MD 056746-L t,d .... Attl)l oFM=NYdK? ETWCKiW0FWAN It EXA1?eERlC?RO,rfR Z1fTtpotFiM oatluA dla:ardrtdit"O Wkw"tpfimInMY6 06MdcamQ=1r6dat else'dit&WFUM,mddudmtAecauaeEs?•rid hwragweiv ......... .. 0 ...... 108Lm6ersueetLerrT*wPA.17043 rlAUttEUa ` 1: _ csTwotzvpn This is to certify that this is a true copy of the record which is on file in the Pennsylvania Department of Health, in accordance with the Vital Statistics Law of 1953, as amended. WARNING: It is illegal to duplicate this copy by photostat or photograph. DLA o' Marina O'Reilly Matthew State Registrar 6408449 SEP2 9 2011 H105.144 Rev. 1191 TYPEIPRINT IN PERMANENT BLACKINK Al. Z W W W O O W 2 No. COMMONWEALTH OF PENNSYLVANIA -DEPARTMENT OF HEALTH -VITAL RECORDS CERTIFICATE OF DEATH (Coroner) Date ynn1Q `S vL'?ivQ NAME OF DECEDENT (Ertl, Niddk lasq f Romaine J M ` SEX SwEFaE FIIIMBER - SOCIRLSECURITY NUMBER DATE OF DEATH (Monti, D.y,Yea) , umper . 2. Female 3. 208-24-1526 _ A. September 26, 1997 AGE(Lad6rtheay) UNDERIYEAR UNDER IDAY - DAEDFBIRTH BIflTHPLAL;EICdyantl PLACE OFDEATH (ChedcatNma-seeamnxli0neendryerads) - Months Days Hoi.a Mkldes - Padrl? Day,Yaan Slag orf nCounYyO HOSIMTAL• - OTHER: 67 Ys. Feb.28,1930. fig, Pa Ivoiem? SUOdwtiem? DOA? Hi m? I I om Residence spet»? S. COUNTYOFDEAH CRY,BOR Tw DEIUH FACOJTY NAME pIra' WWion, give streetand number) HiSPAMC ORIGIN? ACE. can Mdian, Slack While ate _ ?0 R , , . ty0uban tegisci Cumberland East Pennsboro 230 Dauphin Street Enola hl , mdron;PUmrofTCe eb. - Se - White 9. - DECEDENT'S USUAL OCCUPATION RIND OF SUSINESSANDUSIRY - NMS DECEDENT EVER IN DEGEDENrs EDIJCA)m MARIDLLSWUS-Marred SURVNING SPOUSE (GwelaWdwvkdone dw' most U.S. ARMED FORCEST -NererMarrEd, WMarad, (Aw3e give maiden n Nk'd fi d , ame) o ,do re r a . Y. 11 No ryI Elamemery DNOtud ausAW e ' m- fill? lSee0ldA k` (tom M es , arri DECEDENT'S MAILING ADDRESS(Strest Cirylfown. Bale, 7p Code) DECEDENTS PeIlI1Sy!yenta ACTUAL 173. state Did . 17-2 Yea, decedem WedEast PennsL, Voro 230 W Dauphin St E , np . . RESIDENC decadent Enola Pa 17025 ? on.11h?` rNalhe , Cumberland m f l tor a ap? No,OeC denllvad IS. -.. i76: CouNy - 17d.?MlhiradtulOmis d - aryPoar FRTHER'S NAME (ft Middle, Lag MOTHER'S NAME IFrtl,TAidck, maven &msne). Leo Storm ,a. it Louise ? INFORMANT'S NAME(Type(Pnnt) Olen E. Jumper m INFOR MAI RETis eer,,ty p'in SC2ylWwn:`',LpViola, Pa 17025 VDau METHOD OF DISPOSITION - OAE OFDISPOSI(ION PLACEOF DISPOSITION- Name of Cemetery. Cremalory LOCAION- CWb,,N State, 2-rpCode Rurld? Cremator Removal bom sate? - (MDnle,D&WYear) DthmPace 21t. Z„ Sep - 1 27CEast Hb CemeterY 2;d Pa. 1 997 Harrisburg , . RE F NERAL ICE SEE P RSGMACTINGAS SUCH LICENSE NUMB NAME ANp OFFACIUIY F.DZ11897-1 :z. I Sul ivan F H 51 N Enol 2A. . ., . a Dr,Enola, Pa 22a. zieoonywdan To His bed of myknowledge, detlhoccumdatthefte,date andplace stated, LICENSENUMBER DATE SIGNED ' e not waihMaattimadfdeathta (Sgnaleeand Tds) arYlywreedfdealh - - North. Day, Year) - 1 23e 23b. 23e. Iteres24-213 must be rxetth by ME OF DF?R}( AIYYX. DATE PRONOUNCED DEAb(MOnm, Day. Msar) CAS SE pEFERREO70 MEDICAL EXAMINER!CORONER? Y? No? 2e: 8:00 P. M. 23 -Se tember 27i 1997 2e: 27.PARTI: Emarthe dlseasea, injudnarmmpecations whoh eased NgduN. DdrtolederlM mode of tlyog, such e9cattfiacar respiratoryartesL sMckahextlafive. rAprymdmale PARTII: Other . denamnMd Un pdyom cause an each Gne. s'S^? t bm he IotervdMween not readtlng H dretaWedylrgcewe given In mPART l. given YIEOLAE CAUSE (PoW -, -iaruel aid death dessaiwoorafton Severe Three-Vessel Corona Arta Disease ) Remote MI's - DUETOIORASACONSEOUENCI i 73e91rM6,YBmwtlt2thns h - I - - BatglWdtgpMioNdate DUEM(OR ASA CONSEQUENCE OR ?. baby. EnMrUNOFJ&YING - - - I QAUSEIT%seasearkjuy s - ,udkr3Nedevens DUETD}ORASACONSEOUENCEOFk . i reerSrp ndeefr)LAST - - , - - . 1 YMSANAUTOPSY WERE AUTOPSY FINDINGS MANNER OF DEAN DATEOFINJURY OFINJURY INJURYAWORK? DESCRIBE HON INJURY OCCURRED. PERFORMED? AMJLABLE PRIOR TO - Nodh, Oay; Near1 - OFCOMPIET? DF CAUSE Ndnral - Homicide ? - - Yes'? kin We No? Yes- No ? Ade&rA ? PendhplmesXgadon .. ? 3 - M. 30e. - 30d. . PLACE OF INJURY Al ho f l d , t t ffi - me, arm, s ree t ory o . ce IACAION(SIM01,CAyRown,s-) Sdclde - ? could not be detarmmed ? Weft eN-lsPedA') - tea. tab. 29. OERTIRFA(Checkonlyons) .. 4TT RXFYBIG PHYSIGAN(PlrysirenmRyirg=tof death Man a?rPhysician hasp« otmoaddesm and complemd hen 23) T SIGNAURE . . t ........ k othe bemolnrylatorbdge,aamoarrmddue to theeaue(.).nd er.masuatatrd ........................................... ? Coronet 31 j •PRONOUNGNGAND CERTIFY1NOfsHYSIf2AN mm'umbolhpm wa:.gdeAadcvyrglD a ddeW LICENSE NUMBER DAE SIGN dt.0a, yam Tutbebntofmylmovdedge,deNM1OaurrednlheSme,date,ardpeee,andduoto0gpuss(s)endmammr.ssuted ................ .. ........ ? 91c S29 1 9,tl. , 997 - - - - NAM_ANDADORESSOFPERSONWHOCOMPLITEDCAUSE m uwm - 'MEDICALEXAYWERAXRONER - - (oem27)Type01"I Michael L. Norris, Coroner On Urebulsofeseminetlonendlorlnreslfgallon, In myoplnlon,deathatxurredetthetlme,date, and place,endduatotNedause(s)and IM menner.a.mad ............................................... I 405 Fairway Drive ..................................................... ML 32 Mechanicsburg, Pa. 17055 REGI SSIGNAUREANDNUM . JUAiliff (Morth.Dayyear) 33:- cM: ZSS Exhibit "3" T? ? ?L > ??t ??u UPSET PRICE SALE Tax 0.11athu-, 'flurPau 113eeb Pic PErN Made this .................11th.............. day of ........... IaMRCY..... ........... 20.....42 butwccn the TAX CLAIM BUREAU, of the County.of Cumberland, Pennsylvania, as 'T'rustee, GRANTOR, and Marie. S. -Beck, Jr, and ICatby Ja Brownaweli of.East Pe=boro Township, ......... Cumberland Cotmry, Peansyivania Orantee pifrtsoef4' that in consideration of X2.598 . . .08 in hand . ....................... Y whereof is . paid, receiP hereby acknowlcdged, the said Grantor does hereby grant and convey unto the said Grantee, .__.__th 1r heirs and assigns. the certain premises situate in ............................ aL?$T4?S1?UA41.?9.1YA5h1j2..................... , Cumberland County, Pennsylvania, as follows: See Appendix A for Legal Descriptioa 230 Dauphin Street House, lot .12 acre parcel no, 09-14-0832.-201 Owner or reputed owner as t®rurned to said Bureau Olen $. Jumper Romeine M, Jumper 230 Dauphin Sueet the name having been sold by the Tax Clain Bureau tS tlilc'sai8lg7 ater, on the ...... F4 .................. day of . . ._.. November er ...... ..... ... Anno T7omini two thousand and ...........................- ... . -b.. ......... ouC , after due advertisement aCeording to law, the period of redemption for the payment of tax claims having expired without the property having been redeemed, or any tax judgements heretofore having been entered against the described property having not been satisfied, er no agrcoment to Stay tha sale of the within described property having been entered into, or the within described real estate no longer remaining in possession of a sequestrator, by Upset Price Sale. under and by virtue of the Act of 1907 PL 1368 (Real Estate Tax Sale taw), '31t 5t hSr9d, said Grantor has hereunto caused this Dtcd to be executed by its Director the .fW above written. TAX CLAIM BUREAU OF ivtred CUMBERLAND COUNTY, PENNSYLVANIA, TRUSTEE (SEAL; COMMONWIr (NSYLVANIA 1{ dM,. _ 9 w?ti .as COUNTY OF CL41dtt+?T2A7\17 On this, the .•.......I?r . ........................... day of --- - ..............................•..,.,..........•., 0- before Inc. the Prothonotary of the County of Cumberland, the undersigned officer. personally appeared Jacob L. Heise. ......... tt......•...ise................................... Director of the Tax Claim T3ureau of the County of Cun herland, Comntoaeaith of Pennsyhania, known to me to be the person described in the foregoing instrument and acknowledged that he executed the same in the capacity therein stated and for the pur- poses therein contained. tZn Xitxr. O g4arraf, I have hereunto set my hand and official acal. NO AFiJrY. SEAL .......... ...,.h,Qe?¢u.ty. ,'??+rnroraH! cow 6tI0K 2w• PAGE 144 m1FRLNJB v ^ A,~YSSIt)ft mpg 2 E0 (tlerttfualt of Irstdrnu I hereby certify that the precise residence of the grantee herein is as follows: .......... ..................... Marley S. Beck, yr, 21 Anthony Drive, lot 6, Marysviat:, PA 17053 KxHiq Jts SrownawcEl; 308 college Plllt Rasd Stephen D. Tiley Cumberland County, Assistant Solicitor Appendix °A' Legal Description Tax parcel number 09-14-0832-201 ALL THAT CEPMAIN lot or piece of land with buildings and improvements thereon erected and situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGIN1Y111iG at a point in the southern line of Dauphin Street at or opposite the center of the partition wall dividing properties known as No. 230 and 232 Dauphin Street, said point being two hundred twenty-rune and three hundred eighty-nine one thousandths (229.389) feet east of the southeast corner of Brick Church Road and Dauphin Street; thence along the southern line of Dauphin Street, North 79 degrees 40 minutes East, forty-six (46) feet to a point; thence South 10 degrees 20 uainutes East, one hundred seventeen and five hundred five one-thousandths (117,505) feet a point; thence South 79 degrees 40 ini nutes West, forty- six (46) feet to a point at or opposite the center of the partition wall dividing properties known as No, 230 and 232 Dauphin Street; thence North 10 degrees 20 minutes West through the center of the partition wall dividing properties laiown as No. 230 and No. 232 Dauphin Street and beyond one hundred seventeen and five hundred five one- thousandths (117.505) feet to a point, at the place of BEGINNING. HAYING thereon erected . the eastern one-half of a two story dwelling known as No. 230 Dauphin Street, Encla, Pennsylvania. BEING the same premises that Theodore E. Scrign.oh aad Winifred E. Scrigaoli, his wife by their deed dated August 29, 1963, and recorded in the OTIce of Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "Y'", Volume 20, Page 737, granted and conveyed unto Olen E. Jumper and Romaine M. Jumper, his wife now deceased. T Certify this 1n Currlberlal 4, Re< .y N r CertiCy : is to be recorded in Cur be-dandyCw/oJunty P/A? &4Recorder of Deeds C1ulleriand County Reconier of Deeds be recorded Ia5triment Filin3 County PA RxeiptR 34299$ Instrd 2002-002205 1116(2002 09:10:22 Q r of Deeds Reurks; C[figRLO COUNTY 9ECX/DRDbBIA4lElL Tai CLAIM 00 12.50 TAX CLAIM DEB-WT 150 TAX D® RTT-STATE 580.40 EAST PERBOftO 290.20 EAST PMBWO TV? N.20 TAX CLAIM - AIR 11.50 CO IAPFO 94T 50 1,00 NEC, IW MT Fin 1.00 CheckR 2485 4666.40 DKA 2482 1150 CheckA 241R'i cscn 40 Title; xormcrly Olen E. Juniper Sc Romaine M. Juniper, Decd Y-20, Page 737 Date' Scale: I itlch a 33 foot File: KWER.DES Tract 1: 0, 124 Acre! 1403 Sq Feu: 502.2 Sq Meters: No significant closure tarot, : Perimeter - 327 reel 001-n79.40c46 003-a79.10w46 BOOK 250 PACE f45 402=s10.20e117,505. 004=n 10.20w 117,505 .34 RFV.1C5 Fk li t.v?1 RECQRDER'S USE ONLY 5tal. OW Po; REALTY TRANSFER TAX COMMONWEALTH QFPENN$YLVANIA REAL STATEMENT OF VALUE aEPARTMkNT Of REVENUE Pogo um r BUREAU of INDIVIDUAL TAXES DEPT. 2OW3 HAPAISISURG, PA 17120.0605 See Reverse for Instructions Dal. «a -- ?, . Lite, 6) Complete each section and file in duplicate with Recorder of Deeds when VI the full value/consideration is not set forth in the deed, (2) when the dead is without consideration, or by gift, or 3) n tax exemption Is claimed. A Statement of Value is not required if the transfer is wholly 9xompt from lox based on: (1) family relationship or 121 pablic utility easement. IF mare space is needed, attach additional sheer(s). 2. Check Appropriate Box Below for Exempfian Cloimed Q Will or intestate succession Name o D tnri lErmr• PP Nui1. m ,or?- ' ? Transfer to Industrial Development Agency- 0 Transfer to a trust. (AttaA complete copy of trust agreement identifying all beneficiaries.) ? Tronsfer betwoon principal and agent. (Attoch complete copy of agency/straw party agreement.) ? Transfers to the Commonwealth, the United States and Instrument olitiw by gift, dedication, condemnalion or in lieu of condemnation, (If condemnation or in lieu of condemnation, attach copy of resolution.) rr? Transfer from mortgagor to a holder of o mortgage in default. Mortgage Book Number Page Nvo16ar 1 Corrective or confirmatory deed- (Attach complete copy of the prior deed being corrected or confirmed,) ? Statutory corporate consolidation, mor8er or division, (Attoch copy of articles.) ? Other (Piaase explain oxamption claimed, if other than listed above-) I' Under penalties of law, t declare that I have examined thi: Statement, Including aaoos»panyinv informotion, and to the belt of my knowledge and belief, it is true, correct and complete. Slonatura o rotporide at er esponsi • arty to AILURE To C MPLgTg TH1s FORM PROPERL OR ATTACH APPLICABLE DOCUMENTATION MAY RESULT 1N R&C DER'S RfwPZI n DCrr'lan rue ncen Melissa Mixell Argo Coda ( 717 ) 240-6366 treat Ad nsr city 5t0tn "p Code Exhibit "4" .r3 .? . IN THE COURT OF COMMON PLEAS OF u-7 CitiMortgage, Inc. : CUMBERLAND COUNTY, PENNSYLVAMA.<ZO 1'laintiff(s} 9 `p ?' '%s? vs. ?L Kathy Jo Brownawell and Marley S. Beck Jr. Defendant(s) ax Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM , . You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. Firsts within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9408 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the Iegal representative with all requested financial information so that a loan resolution proposal can be prepared on your behatf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (64) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attwhed hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opporhinity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOM, YOU MUST ACT QUICKLY AND TAKE THE STEEPS R.EQUiREiD BY `.PHIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: r ?I Date [Signature of Counsel for Plaintiff] AICHARD M_ SQUIRE & ASSOCIATES, LLC M. Troy Freedman, -Esq. (PA I.D.## 85165) 115 West Avenue, Suite 104 Jenkintown, PA-190:46 23.5-886-8790'. 2-15-886-8791 (fax) FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete-your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Piease provide the following information to the best of you3 knowledge: Borrower name(s): Property Address: City: State Zip: Is the property for sale? Yes ? No E3 Listing date: Price: S Realtor Name: . Realtor Phone: Borrower Occupied? Yes ? No F1 Mailing Address (if different): City: Phone Numbers: Email: ## of people in household: Mailing Address: City: Phone Numbers: Email: 4 of people in household- State; Zip: Home: - - Office- Cell: Other: I-low long? Home: CCU: Office: Other: State: Zip: How long? First Mortgage Lender: Type of Loan: Loan Number: mate You Closed Your Loan: Second Mortgage Lender; Type of Loan: Loan Number: Total Mortgage Payments Amount: S Date of Last Payment: ______, primary Reason for Default: Included Taxes & Insurance: is the loan in Bankruptcy? Yes [:] No ? Email: Have you made application for Homeowners Emergency N4ortgage Assistance Program (HEMAP) assistance? Yes ? No ? If yes, please indicate the status of the application, Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquer.ey? Yes ? No Q If yes, please indicate the status of those negotiations: please provide the following information, if know, regarding your lender or lender's loan servicing company. Lender's Contact (Name): Phony: - Servicing Company (Name): Contact: Phone: _ IAVC, authorize the above named to uselrefer this information to my lenderlservicer for the sole purpose of evaluating my financial situation for possible mortgage options. nVe understand that ",e arnlare under no obligation to use the services provided by the above named. Borrower Signature Date Co-Borrower Signature Date please forward this document along with the following information to tender and lender's counsel: Proof of income Past Z bank statements Y Proof of any expected income for the last 45 days V Copy of a current utility b=ill -Letter explaining reason for delinquency and any supporting documentation _ i (hardship letter) V Listing agreement (if property is curren#ly an the market) If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value: Dome: $ $ Other Real Estate: $ Retirement Funds: Investments., $ Checking: $ $ Savings: $ $ Other: $ Automobile #1: Model: Year, Amount owed: Value: Automobile #2: Model: Year: Amount owed: Value: O tion (autornobiies boats motorcycles). Model: Year Amount owed: Value Monthly Income Name of Employers: 1. 2. Additional Income Description (not wages): I. monthly amount. 2. monthly amount: Borrower Fay Days: Co-Borrower Pay Days: _ M,onthIy Expenses: (Please only include M- eases you are currently paying) OTENSE A-MOUNT EXPENSE AMOUNT Mo e Food 2° Mart e Utilities Car Pa m Con-do/Nei . Fees Auto Insurance Med. not covered Auto fuellre airs Other prop. a necnt Install. Loan Payment Cablt TV Child Su: oorMlirr.. S endin Mon Da /Child Care/Tuit. Other Exp$nges Amount Available for Monthly Mortgage Payments Based on income & Expenses: Have you been working with a Housing Cou=nseling Agency? Yes [? No ? If yes, please provide the following information: Counseling Agency: Couriselor: Fax: Phone, (Office): FORM 3 citiMortgage, Inc. vs. Kathy Jo Brownawell and Marley S. Beck Jr. IN THE COURT OF COIF MON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) Defendant(s) - - CIVIL REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated , 2412 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the wdersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Programs" and has taken ail of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa, C.S. §4444 relating to unworn falsification to authorities, Signature ofDefendant's CounseI/Appointed Legal Representative Signature of Defendant Signature of Defendant . Date Date Dafe FORM 4 CitiMortgage, Inc. Plaintiff(s) Vs. Kathy Jo Brownawell and Marley S. Beck Jr. Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. CASE MANAGEMENT ORDER AND NOW, this day of 120 , the defendant?borrower in the above-captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised conciliation Conference on at M. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the de.'fendantfborrower must serve upon the plaintiffllender and its counsel a copy of the "Cumberland County Residential Mortgage Fore<,losure Diversion Program Financial worksbeet" (Form 2) which has beer, completed by the defeadant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation . Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form .2 is to be made may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendantfborrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Connferenee. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutualy acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representat=ive of the plaintiff/lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaindffllender at the rescheduled Conciliation Conference, 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore ail available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for notcontesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion. of the scheduled conciliation conference. BY THE COUP'T, J. Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff t1 C M. 1 CitiMortgage, Inc., PLAINTIFF, V. Kathy Jo Brownawell 230 W. Dauphin Street Enola, PA 17025 Marley S. Beck Jr. 230 W. Dauphin Street Enola, PA 17025, DEFENDANTS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: ab1 ????t'Uz r CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT - CTYIL ACTION NOTICE TO DEFEND 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 of 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. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 AVISO LE RAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de.plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la Corte en forma escrita sus defensas o sus objecciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la Corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notification. Ademas, la cone puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus edades u otros derechos importances Para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. S1 USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA_SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION ACERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BA30 COSTO A PERSONAS' QUE CALIFICAN. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 2 Richard M. Squire & Associates, LLC Attorneys for Plaintiff By: Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 CitiMortgage, Inc., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PLAINTIFF, PENNSYLVANIA V. DOCKET NO: Kathy Jo Brownawell CIVIL ACTION 230 W. Dauphin Street Enola, PA 17025 MORTGAGE FORECLOSURE Marley S. Beck Jr. 230 W. Dauphin Street Enola, PA 17025, DEFENDANTS COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, CitiMortgage, Inc., by and through its undersigned attorney brings this action in mortgage foreclosure upon the following cause of action: I. Plaintiff, CitiMortgage, Inc., is a corporation with iCs principal place of business at 1000 Technology Drive, O'Fallon, MO 63368-2240. 2. Defendants are the real owners and grantees in the last Deed of record to the real property located at 230 W. Dauphin St. Enola, PA 17025 and, if applicable, riparian rights appertaining thereto (hereinafter referred to as "Premises"),- having acquired title to the 3 Premises by Deed dated 1-11-02 and recorded on 1-16-02 from the Tax Claim Bureau of Cumberland County through and as a result of a tax upset sale. 3. On March 2, 1998, individuals named Olen E. Jumper and Romaine M. Jumper, who are now both deceased, made, executed, and delivered a Mortgage to Associates Consumer Discount Company (hereinafter referred to as "Originating Lender") as_ security for their payment and other obligations in consideration of a mortgage loan made to Olen E. Jumper and Romaine M. Jumper by the Originating Lender. Said Mortgage is recorded in the Office of the Recorder in and for Cumberland County, in. Mortgage Book Vol. 1435, Page 774, and is incorporated herein by reference by virtue of Pa. R.C.P. 1019(g). 4. The aforesaid Mortgage has not been re-recorded. was re-recorded on 5. The aforesaid Mortgage _X has not been modified. _- was modified by a loan/mortgage modification agreement recorded on 6. Plaintiff is the legal successor to the Originating Lender by Assignment recorded in Cumberland County on January 26, 2011 under Instrument Number 201103204. 7. Plaintiff is, therefore, the present owner of the aforesaid Mortgage. 8. The Premises subject to the aforesaid Mortgage is 230 W. Dauphin St., Enola, PA 17025. 9. The aforesaid Mortgage is in default because the required monthly payments due thereunder have not been made from August 15, 2010 through the present date. By the 4 , terms of the aforesaid Mortgage, upon breach and failure to cure said breach after written notice thereof, all sums secured by said Mortgage shall be immediately due and owing. 10. The terms of ,the aforesaid Mortgage further provide that, in the event of default, Plaintiff is entitled to, inter alias costs, escrow advances, corporate advances , and attorneys' fees. 11. The following amounts are due as of January 30th 2012: Principal $ 44;660 60 Accrued Interest through January 30, 2012 $ . 16636 91 Late Fees $ . 98 68 BPO Property Inspection $ $ . 641.00 Miscellaneous $ 240.25 441 510 of Principal for Attorneys' Fees $ - 1.68 2,233.03 Property Preservation $ 24.50 Servicing Fees $ 65.50 Tax Advance $ 3458.58 Paid Attorney F&C $ 4588.43 Paid Bankruptcy F&C $ 700.00 Purged Balance -209.25 Total $ 68,726.55 plus additional pre-judgment and post judgment interest at the per diem rate of $14.38 per day or at the adjusted amount if the interest rate is variable, additional late charges, additional corporate advances, additional escrow advances, and any/all other sums recoverable by Plaintiff under the terms of the aforesaid Mortgage. 12. If the Mortgage is reinstated prior to a sheriff's sale, the attorneys' fees set forth in the preceding paragraph may be less than the amount demanded based on work actually performed. The attorneys'. fees, requested. in the. preceding paragraph are:-in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to.collect attorneys' fees of up to five percent (5%) of the remaining principal balance in the event the Premises is 5 sold to a third party purchaser at sheriff's sale; or, if the complexity of the action requires additional fees, such fees may exceed the amount demanded in the preceding paragraph. 13. Plaintiff is not seeking a judgment on personal liability (or an in personam judgment) against Defendants in this action but reserves the right to bring a separate action to establish that right, if such right exists. If Defendants received a discharge of personal liability in a bankruptcy proceeding, this action is in no way an attempt to re-establish the -personal liability that was discharged in bankruptcy, but only to foreclosure the Mortgage and sell the Premises pursuant to Pennsylvania law. 14. Notice of Intention to Foreclose pursuant to 41 P.S. ' 403 and/or the Homeowner=s Emergency Mortgage Assistance Act of 1983, 35 P.S. 11680.402c, et seg. (hereinafter collectively referred to as "Act 91 Notice") is not required as the original mortgagors are deceased. 15. Because the aforementioned tax sale was a tax upset sale, and not a judicial sale, Plaintiff's Mortgage was not divested thereby. WHEREFORE, Plaintiff respectfully requests that judgment in rem be entered in its favor and against Defendants, Olen E. Jumper, for foreclosure and sale of the Premises in the amounts due as set forth in Paragraph 11., namely $68,726.55, plus additional pre judgment and post judgment interest at the per diem rate of $14.38 per day or at the adjusted amount if the interest rate is variable, additional late charges, additional corporate advances, additional escrow advances, any/all other sums recoverable by Plaintiff under the terms of the aforesaid Mortgage and promissory note, and such other relief as this Court deems just and proper. 6 Richard M quir Esq. (PA I.D.# 04267) AIM. Tro man, Esq. (PA I.D.# 85165) 115 West Avenue, Suite 104 Jenkintown, PA 19046 215-886-8790 215-886-8791 (fax) rsquire @ squirelaw.com tfreedman@sguirelaw.com Attorneys for Plaintiff Date, UNLESS YOU NOTIFY US WITHIN THIRTY (30) DAYS AFTER RECEIPT OF THIS LETTER/NOTICE/PLEADING THAT THE DEBT, OR ANY PART OF IT, IS DISPUTED, WE WILL ASSUME THAT THE DEBT IS VALID. IF YOU DO NOTIFY US OF A DISPUTE, WE WILL OBTAIN VERIFICATION OF THE DEBT AND MAIL IT TO YOU. ALSO UPON YOUR REQUEST WITHIN THIRTY (30) DAYS, WE WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR IF DIFFERENT FROM THE CURRENT CREDITOR. THIS COMMUNICATION IS - AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 7 Richard M. Squire & Associates, LLC Attorneys for Plaintiff By: Richard M. Squire, Esquire M. Troy Freedman, Esquire 1D. Nos. 04267/ 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone:. 215-886-8790 Fax: 215-886-8791 CitiMortgage, Inc., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PLAINTIFF, PENNSYLVANIA V. DOCKET NO: Kathy Jo Brownawell CIVIL ACTION 230 Dauphin Street East Pennsboro Township, PA 17025 Marley S. Beck Jr. 230 Dauphin Street East Pennsboro Township, PA 17025, MORTGAGE FORECLOSURE DEFENDANTS VERIFICATION baynaSchroeder rrwn}Cormo? Officer hereby states that he/she ism 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 unswom falsification to authorities. File #: CMI-299F S:1 Name: Kathy Jo Brownawell and Marley S. Beck 8 _EXHIBIT "A," LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land with buildings and improvements thereon erected situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the southern line of Dauphin Street at or opposite the center of the partition wall dividing properties known as No. 230 and 232 Dauphin Street, said point being two hundred twent-nine and three hundred eighty-nine one-thousands (299.389) feet east of the southeast comer of Brick Church Road and Dauphin Street; thence along the southern line of Dauphin Street, North 79 degrees 40 minutes East, fort y-six (46) feet to a point; thence South 10 egrees 20 minutes East, one hundred seventeen and hundred five one-thousands .505) feet to a point; thence South 79 degrees 40 minutes West, forty-six (46) feet to a point at or opposite the center of the partition wall dividing properties known as No. 230 and 232 Dauphin Street; thence North 10 degrees 20 minutes West through the center of the partition wall dividing properties known as No. 230 and 232 Dauphin Street and beyond one hundred seventeen and five hundred five one-thousandths (117.505) feet to a point, at the place of BEGINNING. HAVING thereon erected the eastern one-half of a two story dwelling known as No. 230 Dauphin Street, Enola, Pennsylvania. BEING Tax Parcel No. 09-14-0832-201 BEING the same premises that Theodore E. Scrignoli and Winifred E. Scrignoli, his wife by their Deed dated_August.29, 1963, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "Y", Volume 20, Page 737, granted and conveyed unto Olen E. Jumper and Romaine M. Jumper, his wife, now deceased. US Bank Trust National Association, as Trustee for LSF7 NPL II Trust. PLAINTIFF, V. Lynn Eberhardt 30 Clydesdale Court Bangor, PA 18013 DEFENDANT. IN THE COURT OF COMMON PLEAS NORTHAMPTON COUNTY, PENNSYLVANIA - 7-3 P-D NO. C-48-w-2010-9648 CIVIL ACTION MORTGAGE FORECLOSURE' :Z) ORDER AND NOW, to wit, this Zo day of _ , 2012, upon consideration of the Plaintiff's Motion to Join A na Defendant and Amend Complaint Nunc Pro Tunc, and upon consideration of any Answer thereto, and upon good cause showing; it is hereby ORDERED and DECREED that the Plaintiff s Motion to Join Additional Defendant and Amend Complaint Nunc Pro Tunc is granted; and it is FURTHER ORDERED and DECREED that the United States of America be joined as an additional Defendant pursuant to 28 U.S.C. §2410(a); and it is FURTHER ORDERED and DECREED that, in accordance with 28 U.S.C. §2410(b), Paragraph 2. of Plaintiff s Complaint be amended to: Defendant, Lynn D. Eberhardt, is the real owner, mortgagor, and grantee in the last Deed of record to the real property located at 30 Clydesdale Court, Bangor, PA 18013 and, if applicable, riparian rights appertaining thereto (hereinafter referred to as "Premises"). Defendant resides at 30 Clydesdale Court, Bangor, PA 18013. Defendant, United States of America, is named a defendant herein pursuant to 28 U.S.C. §2410(b) by virtue of two (2) federal tax liens filed against Lynn D. Eberhardt with this Court on August 8, 2011 (at docket number 2011- 7544) and on February 6, 2012 (at docket number 2012-1186). and it is FURTHER ORDERED and DECREED that the foregoing amendment shall apply to, and take effect on, all pleadings heretofore filed. BY THE COURT: J. Exhibit "5" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith .?`??`?;? a# tp?utii?`??frs Chief Deputy ., ` Richard W Stewart r ^ Solicitor cFF,cW of THE SKmRIFF CITIMORTGAGE, Inc. vs. Case Number Kathy Jo Brownawell (et al.) 2012-2246 SHERIFF'S RETURN OF SERVICE 04/1712012 04:04 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April 17, 2012 at 1604 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and NoticE of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit Kathy Jo Brownawell, by making known unto herself personally, at an address to remain confidential, Cumberland County, Pennsylvania its contents and at the same time handing to r personally the said true and correct copy of the same. Request for service at 230 W. DaupOn Str A Enola, Pennsylvania 17025 is vacant. !? . WN HARRISON, DEPUTY 04/26/2012 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 Marley Scott Beck, Jr., but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program as not found as to the defendant Marley Scott Beck, Jr. A neighbor advised Deputies the Defendant only stops by to receive his mail. Request for service at 230 W. Dauphin Street, Enola, Pennsylvania 17025 is vacant. SHERIFF COST: $70.00 April 26, 2012 SO ANSWERS, RONNR ANDERSON, SHERIFF ,cj Cc,", Seize S.,Rrff. 7eia,soft. Inc. 11 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff A?tttit? cE?araGrpffi?l? Jody S Smith 06 Chief Deputy dJ `Richard W Stewart Solicitor OFFiGE OF THE VER;r CITIMORTGAGE, Inc. Case Number vs. Kathy Jo Brownawell (et al.) 2012-2246. SHERIFF'S RETURN OF SERVICE 06/22/2012 04:17 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on June 22, 2012 at 1617 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Marley Scott Beck, Jr„ by making known unto Steve Ramsey, Step Father of Defendant at 430 S. Enola Drive, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. RYAN BURGETT, DEPU v'?.y SHERIFF COST: $43.00 June 28, 2012 SO ANSWERS, }?J RON R ANDERSON, SHERIFF (c) CountySUlln Sheriff, Telensoff. Inc. Exhibit "6" COMMONWEALTH OF PENNSYLVANIA NINTH JUDICIAL DISTRICT COURT OF COMMON PLEAS - CUMBERLAND COUNTY ADMINISTRATIVE ORDER AND NOW, this 2.$, day of February, 2012, the Cumberland County Court of Common Pleas having recognized the current mortgage;foreclosure crisis hereby establishes a Mortgage Foreclosure Diversion Program: (a) In all residential mortgage foreclosure actions involving a residential property which serves as the primary residence of the defendant/borrower, the complaint shall include a Notice of Residential Mortgage Foreclosure Diversion Program in the format set forth in Form 1 and a Financial Worksheet in the format set forth in Form 2. (b) Following the service of the complaint, Notice of Residential Mortgage Foreclosure Diversion. Program and Financial Worksheet, all proceedings shall be stayed for a period of sixty (60) days from the date of service of the complaint in order to afford the defendant/borrower an opportunity to qualify for participation in a court- supervised Conciliation Conference. (c) If the defendant/borrower in a residential mortgage foreclosure action has taken the affirmative steps identified in the Notice of Residential Mortgage Foreclosure Diversion Program to be eligible to participate in a court-supervised Conciliation Conference, the defendant/borrower shall file a Request for Conciliation Conference in the form as set forth in Form 3 within the sixty (60) day time limit set forth in the Notice. The Request for Conciliation Conference shall be served upon counsel for the plaintiff/lender. A copy of the Request for Conciliation Conference shall also be served upon the Court Administrator for assignment to a judge. (d) Upon receipt of the Request for Conciliation Conference, the court shall issue a case management order providing for the scheduling and conducting of a Conciliation Conference. See Form 4. (e) The defendant/borrower shall be entitled to participate in a court-supervised conciliation conference with the plaintiff/lender in all residential mortgage foreclosure actions in which the defendant/ borrower has completed a Financial Worksheet the format set forth in Form 2 in advance of the Conciliation Conference and has filed and served a Request for a Conciliation Conference. (f) To be eligible to participate in a Conciliation Conference an otherwise unrepresented defendant/borrower who has been served with a Notice of Residential Mortgage Foreclosure Diversion Program must contact MidPenn Legal Services at 717-243- 9400 extension 2510 or 800-822-5288 extension 2510 for the appointment of a legal representative at no charge to the defendantiborrower, meet with the appointed legal representative, complete a Financial Worksheet, and file the Request; for Conciliation Conference form within the time deadline set forth in the Notice. (g) If the defendant/borrower is represented by counsel in the mortgage foreclosure action, the defendant/borrower need not contact MidPenn Legal Services for the appointment of a legal representative but, instead, counsel for the defendant/borrower shall ensure completion of the prescribed Financial Worksheet and file the Request for Conciliation Conference form within the time deadline set forth in the Notice. (h) At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendantlborrower must serve upon the plaintiff/lender and its counsel a copy of the Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet. (i) Conciliation conferences in Residential Mortgage Foreclosure actions will be conducted at such time and place as fixed in the case management order and will be conducted by a judge. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution. It is important, therefore, that counsel for the plaintiff/lender discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. The court, in its discretion:, may require the personal attendance of the authorized representative of the plaintiff/lender at the Conciliation Conference. U At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which include, but are not limited to: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to vacate in the near future in exchange for not contesting the matter and a monetary payment; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty (60) months; and the institution of bankruptcy proceedings. (k) If more than sixty (60) days has elapsed since the service of the Notice of Residential Mortgage Foreclosure Diversion Program and the defendant/borrower has not opted to participate in the Diversion Program by taking the affirmative steps required by the Notice or the defendant/borrower has failed to serve a completed Financial Worksheet as required, or the parties have participated in a court-supervised Conciliation Conference and have been unable to resolve the matter, on motion of the plaintiff, the temporary stay will be terminated. (1) The appearance by an attorney at the Conciliation Conference shall not be deemed to be an entry of appearance in the mortgage foreclosure action.. (m) This order shall take effect April 1, 2012, or thirty (30) days from the date of publication in the Pennsylvania Bulletin and remain in effect until June 30, 2014. BY THE COURT, FORM 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. Defendant(s) Civi I NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be fled with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact :MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference,x ith the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAYE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date [Signature of Counsel for Plaintiff] FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender trust consider your circumstances to determine passible options while working with your Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ? No Q Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ? No ? Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: Mailing. Address: City: Phone Numbers: Email: # of people in household: First Mortgage Lender: Type of Loan: How long? Home: Office- Cell: Other: State: Zip: How long? Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Date of Last Payment: Primary Reason for Default: Included Taxes & Insurance: Is the loan in Bankruptcy? Yes ? No ? If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Amount owed: Value: Automobile #2: Model: Amount owed Value: Other transportation (automobiles. boats. motorevcles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): I . monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2" Mort a e Utilities Car Payment(s) Condo/Nei . Fees Auto Insurance Med. not covered Auto fuel/re airs Other prop. a ent Install, Loan Payment Cable TV Child Su ort/Alim. S ndin Mane Da /Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ? No ? If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax:_ Year: Year: 2 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ? No ? If yes, please indicate the status of the application: ` Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ? No ? If yes, please indicate the status of those negotiations: Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: IAVe, , authorize the above named to use/refer this information to my lenderiservicer for the sole purpose of evaluating my financial situation for possible mortgage options. l1we understand that Uwe am /are under no obligation to use the services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: Proof of income Past 2 bank statements Proof of any expected income for the last 45 days Y Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation (hardship letter) Listing agreement (if property is currently on the market) 3 FORM 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. Defendant(s) CIVIL REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated ' 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program" and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. G.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel/Appointed Legal Representative Signature of Defendant Signature of Defendant Date Date Date FORM 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) CIVIL ACTION vs. NO. Defendant(s) CASE MANAGEMENT ORDER AND NOW, this day of ,20 the defendant/borrower in the above-captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised conciliation Conference on at M. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one (2) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed. Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendantlborrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiffi'lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months, and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, J. Exhibit 7 of WU)(D(D E I to-gar' f ?- o m O0F- nw o o CL N?p y2o W c? ?LLN W vial o M L) U. 0 O t0'90696a v w a' N Of WNcoco Z a U) Ygm? - L ?- (Y E ? i ?at~no°? Q :a yLeo h I :3 LLN x CD 0 Q a li ° sozaseoa _ 0 „m4 p LL 3,0 Y D dV a) OU Nw 0 C - m c7 g° "o y m a ?d x U c w N C ? ° a_ d = L_ ..LO.. df rn? c ° J C ,_ Q =U g LL O 'm a ` U. N O rn N 0 p Q N . 0 O 19 U ? N Uow of ZZCID CJO0 a. c - cu ea LL'(-SO O O- y w to Q wat1Uo Q y Q Qaci¢ otn>a a W ?? 2 3 c U LA C Z 4) U) ? H da N d V Q N o O CL m E m z O ? a) E C E 7 Z ch O L U Q 5 O Q (y? c _ fn N N C +" a YN y N d m ? m r- - m Y a= YOai d f-NO NW ?Nd'y mQ cnOO cr ujWQ == m c ?0 c g W) acid? m? c muJ m U2Mm QOMifn co 00 m0 M C) NNW m'M7W a a p c: cn C p O C cm C O N > C= V7 L ?U o (? LL.. CV °0u 'Q OU ^ a? C2 ? ?'2 r-.1s ° c N Z (9 t rn i S0a 0 L U00) L 27m >auna MP'0 UOd$ c g,E 'm2 U0 a 9 .- I C-4 I m 1'z? ILO .:r cn a. ,7 { ?.. ? Y /V j, ... J L a C Eq1 W ? a ?y?_SQ?c2 W m O _. a Q 0 W. p c Ism O W tt?8 c1 Lu. W C ? C w y r gg j y M? $ m W x I ?_ =L 9. t? V a = r= am3mLL C $ O O 0 ? G C G O V c 2gawE o co W ?mwdo w 9i. ? °0 $ a m a N n Z o C N m y N a C t0Ct20 O? C W m - u c 4G c og2 m W Z.m U) ca 4) dj C E c G m W O LL N 0 a N W °f IL c W4) <O CD (n E 0m LZ U a. _ O y 0- a Z _> 2 O H cr N U m c z? = O d ?? a SENDER: REFERENCE C PS Fo0WGjbp Jam ooc1D40 1070 6283 RETURN Postage RECEIPT Certified Fee SERVICE 2.70 Return Receipt Fee 2.95 Restricted Delivery 1.15 Total Postage & Fees 0.00 US Postal Service0 POSTMARK -0 t Receipt for - Certified Mail`" -1 No Insurance Coverage Provided Do not vac Tor Imernatloflal mail ro: Marley S. Beck 230 W. Dauphin street Enola, PA 17025 ;END R: IEFERENCE: co ETURN ECEIPT ERVICE US Postal Service Fiec@lpr Tor ... 11 Insurance Coverage Provided Not Use ! Intemationm Mall ------° ------------------------• _, 40 1070 6411 -----_- - - , ' e W [i i fA - n 0 i CD O a a A h tl' t. 11 a 04 O ? N O G, OO cn cn % i -I m n 0 O rU to ..0 i DD ? O 'y C> 00 So z ? 0 mmM ITS -0 N y -i o 9) C ?mC o O r h z m G tz w ee n o q rn x o -2 M• 0 a -I m ? b 5 M M C) Z . . < o s O D CD o Y S m m 0 . 0 2 $ » O N ? -C A N O 0 a D ?J , x O ,Y ,r ?.:^i• x_ 04, rU J e N , A-, ota) 0 O •... Cn Vii VAi 03 Ln t? CITIMORTGAGE, INC., PLAINTIFF, V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KATHY JO BROWNAWELL 230 W. DAUPHIN STREET, ENOLA, PA 17025 MARLEY S. BECK, JR. 230 W. DAUPHIN STREET, ENOLA, PA 17025 DEFENDANTS. DOCKET NO: 2012-2246 CIVIL CIVIL ACTION MORTGAGE FORECLOSURE ORDER GRANTING PLAINTIFF'S MOTION TO TERMINATE STAY OF FORECLOSURE PROCEEDINGS AND NOW, to wit, this day of , 2012, upon consideration of the Plaintiffs Motion to Terminate Stay of Foreclosure Proceedings, and upon consideration of any Answer thereto, and upon good cause showing; it is hereby ORDERED that the Plaintiffs Motion for to Terminate Stay of Foreclosure Proceedings is granted; and it is FURTHER ORDERED that the real property situated at 230 W. Dauphin Street, Enola, PA 17025 and this proceeding are not eligible for the Cumberland County Mortgage Foreclosure Diversion Program; and it is FURTHER ORDERED that Plaintiff is free to resume foreclosure proceedings including (without limitation) obtaining a judgment, in rem, in favor of the Plaintiff and against the Defendants, Kathy Jo. Brownawell and Marley S. Beck, in the amount as set forth in the Plaintiffs Complaint together with ongoing interest at the rate of $9.60 per day; additional late fees; additional attorneys' fees; additional escrow advances; additional corporate advances; any additional recoverable costs to date of Sheriff's Sale; and for foreclosure and sale of 230 W. Dauphin Street, Enola, PA 17025. 17, D, BY THE COURT: j' J. to Cc. / !/ M. Troy Freedman, Esquire Richard M. Squire & Associates, LLC 115 West Avenue, Ste 104, Jenkintown, PA 19046 r/ KATHY JO BROWNAWELL 230 W. DAUPHIN STREET, ENOLA, PA 17025 V MARLEY S. BECK, JR. 230 W. DAUPHIN STREET, ENOLA, PA 17025 MARLEY S. BECK, JR. 430 S. ENOLA DRIVE, ENOLA, PA 17025 C c u7 i c cz) ?.. C? I, ?-`•' C Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire Craig Oppenheimer, Esquire ID. Nos. 04267 / 85165 / 313264 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 CITIMORTGAGE, INC., PLAINTIFF, V. KATHY JO BROWNAWELL 230 W. DAUPHIN STREET, ENOLA, PA 17025 MARLEY S. BECK, JR. 230 W. 'DAUPHIN STREET, ENOLA, PA 17025 DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 2012-2246 CIVIL CIVIL ACTION MORTGAGE FORECLOSURE PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT Attorneys for Plaintiff fi m iy; Y.. -? C) The Plaintiff by and through undersigned counsel hereby moves this Honorable Court for default judgment against the Defendants. In support thereof, the Plaintiff avers as follows: Pa. R.C.P. 1037(c) provides for entry of a judgment, "on motion of a party [...] upon default or admission." 2 This mortgage foreclosure proceeding involves the real property situated at 230 W. Dauphin Street, Enola, PA 17025 (hereinafter referred to as "Property") as well as a Mortgage obtained by individuals named Olen E. Jumper and Romaine M. Jumper, who are both now deceased, on or about 3-2-1998, which has been in default due to non- payment since 8-15-10. (Pl.'s Compl., at ¶¶9 and 11). A true and correct copy of the Mortgage is attached hereto as Exhibit "A" and made a part hereof. True and correct copies of the Pennsylvania Department of Vital Records Certificates of Death for both Olen E. Jumper and Romaine M. Jumper are collectively attached hereto as Exhibit "B" and made a part hereof. 3. The Defendants, Kathy Jo Brownawell and Marley S. Beck, are the real owners and grantees in the last Deed of record to the real property located at 230 W. Dauphin Street, Enola, PA 17025 (hereinafter referred to as the "Premises"), having acquired title to the Premises by Deed dated January 11, 2002 and recorded on January 16, 2002 from the Tax Claim Bureau of Cumberland County through and as a result of a tax upset sale. A true and correct recorded copy of the January 11, 2012 Tax Claim Bureau deed between the Cumberland County Tax Claim Bureau and the Defendants is attached hereto as Exhibit "C" and made a part hereof. 4. By virtue of acquiring title to the Premises at a tax upset sale, the Defendants took the Premises subject to the Plaintiff's Mortgage, and all rights of the Plaintiff deriving therefrom. 5. The Defendants have been duly served with the Plaintiff's Complaint. 6. Notices of Praecipe to Enter Default Judgment, pursuant to Pa. R.C.P. 237.1(2), were sent to the Defendants on 8-13-2012. True and correct copies thereof are collectively attached hereto as Exhibit "D" and made a part hereof. 7 9 The following is an itemization of the Plaintiff's damages as of 9.15.2012: Principal Accrued Interest through 09/15/2012 Late Charges Escrow Advances Appraisal Inspections $ 44,660.60 $ 19,905.92 $ 98.68 $ 3,458.58 $ 389.00 $ 142.50 Total $ 68,655.28 The aforesaid figures naturally differ from those set forth under Paragraph 11. of the Plaintiff s Complaint due to the accrual of additional costs, charges, and expenses since 1-30-2012 all arising out of the default under the subject Mortgage, and which are all recoverable by the Plaintiff pursuant to the terms of the subject Mortgage. See Ex. The foregoing itemization is taken from the Plaintiff's business records kept in the ordinary course of business. Paragraph 1. of the Mortgage states: Mortgagors will make all payments on the due date thereof and perform all other obligations as required or provided herein and in said Loan Agreement. Paragraph 2. of the Mortgage states: Mortgagors will pay when due all taxes and assessments levied or assessed against said premises or any part thereof, and will deliver receipts thereto to the Mortgagee upon request. Paragraph 3, of the Mortgage states (in pertinent part): Mortgagors will keep the improvements now existing or hereinafter erected on the premises insured against loss or damage by fire and other hazards and perils included within the scope of a standard extended coverage endorsement, and such other hazards as Mortgagee may require, in such amounts and for such periods as Mortgagee may require, and in an insurance company or insurance companies acceptable to Mortgagee. [...1 Furthermore, Paragraph 6. of the Mortgage states: In the event the Mortgagors default in the making of any payment due and payable under said Loan Agreement or in the keeping and performance by Mortgagors of any of the conditions or covenants of this Mortgage or said Loan Agreement, Mortgagee may forthwith bring an Action in Mortgage Foreclosure hereon, or institute other foreclosure proceedings upon this Mortgage, and may proceed to judgment and execution to recover the balance due on said Loan Agreement and any other sums that may be due thereunder, including attorneys fees of 15% of the balance due and payable on said Loan Agreement costs of such, and costs of sale together with interest after judgment at the rate charged under the terms of the Loan Agreement. 10. The Plaintiff respectfully requests default judgment for the aforesaid sum as the Plaintiff does not possess the social security number for the Defendants. Consequently, the undersigned law firm's staff is unable to confirm whether the Defendants are subject to the Service Members Civil Relief Act ("SCRA"), 50 U.S.C. Appx. §§ 501 et seq., as amended. 11. Normally, to comply with the SCRA, confirmation of a defendant's military status is performed at a website of the United States Department of Defense (https://www.dmdc.osd.mil/apl2j/scra/scraHome.do) and a social security number is required. If the results are negative, then a praecipe for default judgment is filed with the Prothonotary along with a separate form verifying that the defendants are not subject to the United States military service. 12. In this case, a praecipe for default judgment cannot be filed because the Plaintiff and the undersigned law firm are unable to execute any separate form verifying that the Defendants are not subject to the United States military service. 13. Accordingly, Pa. R.C.P. 1037(c) appears to provide an alternative in that a judgment may be entered by a Court after notice to the opposing parties. 14. Plaintiff is seeking in rem default judgment for sums due and owing as of 9.15.12. 15. Pursuant to Cumberland County Local Rule 208.3(a)(9), Plaintiff sent a request for concurrence with copies of the herein Motion to for Default Judgment to Defendants on August 31, 2012 via simultaneous regular mail and certified mail, return receipt requested. True and correct copies of the cover letter and proofs of the aforesaid mailing are collectively attached hereto as Exhibit "E" and made a part hereof. Defendants have not responded to Plaintiff's request for concurrence. 16. This matter had previously been assigned to the Honorable Kevin A. Hess who ruled on Plaintiff's Motion to Terminate Stay of Foreclosure Proceedings. WHEREFORE, the Plaintiff respectfully requests that this Honorable Court enter in rem default judgment against the Defendants for the sum of $68,655.28as of 9.15.2012, calculated as follows: Principal Accrued Interest through 09/15/2012 Late Charges Escrow Advances Appraisal Inspections $ 44,660.60 $ 19,905.92 $ 98.68 $ 3,458.58 $ 389.00 $ 142.50 Total $ 68,655.28 with continuing per diem interest at $14.34, or the adjusted amount, if the interest rate is adjustable or variable. Respectfully submitted, RICHARD M. SQUIRE & ASSOCIATES, LLC Dated: September 16, 2012 By: M. y Freedman, Esquire orney for Plaintiff Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85 165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215486-8791 Attorneys for Plaintiff CITIMORTGAGE, INC., PLAINTIFF, V. KATHY JO BROWNAWELL 230 W.' DAUPHIN STREET, ENOLA, PA 17025 MARLEY S. BECK, JR. 230 W. DAUPHIN STREET, ENOLA, PA 17025 DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 2012-2246 CIVIL CIVIL ACTION MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE 1, M. Troy Freedman, Esquire, hereby certify that, on this date, I served or caused to be served a true and correct copy of the foregoing Plaintiffs Motion for Default Judgment, Verification, and proposed form of Order upon the following persons via regular mail, postage prepaid: KATHY JO BROWNAWELL 230 W. DAUPHIN STREET, ENOLA, PA 17025 Marley S, Beck, Jr, c/o George W. Gekas, Esq. 5291 Devonshire Road, Harrisburg, PA 17112 RICHARD M. SQUIRE & ASSOCIATES, LLC Dated: September 2012 BY: M. oy Freedman, Esquire orney for Plaintiff Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff RI(iAUE, INC., PLAINTIFF, V. KATHY JO BROWNAWELL 230 W. DAUPHIN STREET, ENOLA, PA 17025 MARLEY S. BECK, JR. 230 W. DAUPHIN STREET, ENOLA, PA 17025 DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 2012-2246 CIVIL CIVIL ACTION MORTGAGE FORECLOSURE VERIFICATION I, M. Troy Freedman, Esquire, hereby state that I am one of the attorneys for Plaintiff, a corporation unless designated otherwise; that I am authorized to make this Verification; that I have personal knowledge of the facts averred in the foregoing Motion; and that the statements made in the foregoing Motion are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of Pa. C.S. §4904, relating to unswom falsification to authorities. RICHARD M. SQUIRE & ASSOCIATES, LLC Dated: September 2012 BY: M- Freedman, Esquire i)qorn ey for Plaintiff Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire Craig Oppenheimer, Esquire I.D. Nos. 04267 / 85165 / 313264 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 (215) 886-8790 Fax (215) 886-8791 Attorneys for Plaintiff CITIMORTGAGE, INC., PLAINTIFF, v. KATHY JO BROWNAWELL 230 W. DAUPHIN STREET, ENOLA, PA 17025 MARLEY S. BECK, JR. 230 W. DAUPHIN STREET, ENOLA, PA 17025 DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 2012-2246 CIVIL CIVIL ACTION MORTGAGE FORECLOSURE PLAINTIFF'S MOTION FOR RULE ABSOLUTE Plaintiff, CitiMortgage, Inc., through its undersigned attorneys hereby moves this Court for a rule absolute. In support thereof, Plaintiff avers as follows: 1. Plaintiff previously caused its Motion for Default Judgment to be filed with the Cumberland County Court of Common Pleas. The Motion, Verification, proposed Rule to Show Cause, and proposed Order were served upon Defendants on or about 9/10/2012. True and correct copies of the Proof of Mailing form relating thereto is attached hereto as Exhibit "A" and made a part hereof. 2. Subsequently, the Honorable Kevin A. Hess, President Judge, issued a Rule setting a rule return date of twenty (20) days from date of service. Such Rule to Show Cause was served upon Defendants on 9-28-2012, as reflected on a Pursuant to Cumberland County Local Rule 208.3(a)(9), Plaintiff previously sent a request for concurrence with copies of the Motion for Default Judgment to Defendants on August 31, 2012 via simultaneous regular mail and certified mail, return receipt requested. True and correct copies of the Proof of Mailing form and Certified Return Mail receipts relating thereto are collectively attached hereto as Exhibit "B" and made a part hereof. Certificate of Service filed with the Court on 10-1-2012. True and correct copies of the Rule to Show Cause, time-stamped Certificate of Service pertaining thereto, and proof of regular mailing are collectively attached hereto as Exhibit ``C" and made a part hereof. 3. Therefore, Defendants were accorded notice of Plaintiff's pending Motion for Default Judgment on three separate occasions. 4. As of this date, more than twenty (20) days has elapsed since service of the Rule and Defendants have not filed an answer or response to Plaintiff s Motion for Default Judgment. WHEREFORE, Plaintiff respectfully requests that its Motion for Default Judgment he granted. Respectfully submitted, RICHARD M. SQUIRE & ASSOCIATES, LLC ~`'a___/ By: Richard M. S re, Esq. (PA LD.# 04267} /~I. Troy Freedman, Esq. (PA LD.# 85165} Craig Oppenheimer, Esq. (PA I.D.# 313264) 115 West Avenue, Suite 104 Jenkintown, PA 19046 215-886-8790 215-886-8791 (fax) rsquirensquirelaw.com tfreedman(a~squirelaw.com co~penheimer~n,sQUirelaw.com Attorney for the Plaintiff Date: November 15, 2012 Richard M. Squire & Associates, LLC Attorneys for Plaintiff By: Richard M. Squire, Esquire M. Troy Freedman, Esquire Craig Oppenheimer, Esquire I.D. Nos. 04267 / 85165 / 313264 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 (215) 886-8790 Fax (215) 886-8791 CITIMORTGAGE, INC., PLAINTIFF, v. KATHY JO BROWNAWELL 230 W. DAUPHIN STREET, ENOLA, PA 17025 MARLEY S. BECK, JR. 230 W. DAUPHIN STREET, ENOLA, PA 17025 DEFENDANTS. IN THE. COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 2012-2246 CIVIL CIVIL ACTION MORTGAGE FORECLOSURE VERIFICATION M. Troy Freedman, Esquire, hereby states that he one of the attorneys for the Plaintiff, a corporation, unless designated otherwise; that he is authorized to make this Verification; that he has personal knowledge of the facts averred in the foregoing Motion; and that the statements made in the foregoing Motion are true and correct to the best of his knowledge, information and belief The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. RICHARD M. SQiJIRE & By: l/ _ Richard M. S ire, Esq. (PA LD.# 04267) t/~V1. Troy edman, Esq. (PA LD.# 85165;1 Craig enheimer, Esq. (PA I.D.# 313264) 115 West Avenue, Suite 104 Jenkintown, PA 19046 215-886-8790 215-886-8791 (fax) rsquire(a~sguirelaw.com tfreedman(a~squirelaw. com coppenheimernn,squirelaw.com Attorney for the Plaintiff Date: November 15, 2012 Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire I.D. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 (215) 886-8790 Fax (215) 886-8791 CITIMORTGAGE, INC., v. Attorneys for Plaintiff PLAINTIFF, KATHY JO BROWNAWELL 230 W. DAUPHIN STREET, ENOLA, PA 17025 MARLEY S. BECK, JR. 230 W. DAUPHIN STREET, ENOLA, PA 17025 DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 2012-2246 CIVIL CIVIL ACTION MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, M. Troy Freedman, Esquire, hereby certify that, on this date, I served or caused to be served a true and correct copy of the foregoing Plaintiff s Motion for Rule Absolute, Verification, and proposed form of Order upon the fallowing persons via regular mail, postage paid: KATHY JO BROWNAWELL 230 W. DAUPHIN STREET, ENOLA, PA 17025 MARLEY S. BECK, JR. c/o George W. Gekas, Esq. 5291 Devonshire Road, Harrisburg, PA 17112 RICHARD M. UI & ASSOCIATES By: chard .Squire, Esq. (PA I.D.# 04267) ~. oy Freedman, Esq. (PA I.D.# 85165) Craig Oppenheimer, Esq. (PA LD.# 313264) 115 West Avenue, Suite 104 Jenkintown, PA 19046 215-886-8790 215-886-8791 (fax) rsquire(a~~squirelaw.com tfreedman(a,squirelaw.com co~enheimer~ sic uirelaw com Attorney for the Plaintiff Date: November 15, 2012 Exhibit "A" m d - ~, _ ~ ~ ~ c ~ E d 1 U n ~ ~'~`~~ ~ _ . it -~i C'~~ ~ 1 i~i~NO~ ~ ~ db'~~~~ ~ o~ hl Ncj~ ~ ~~ ~~ ~~ ~ ~ ~a ~ ° ~ W d !? ~~~ ~ : t v i o O r N ~ -~ a ai~i Ua _ ~LLN ~vo~ON o mn.J y w c~EcO~ ~ Sd ~~ C r W N O W ~ y uC7Q c QN I C aETiW~m 1 a° C d C ° ~~~~~ 1 E = N~ ! N LL n~m v y y E~~ tC 1 m '° m ~ o ~` 1 a x_ O ~~ y ~' G1 ~d pps a y iu ~ nN d mNl6 ¢ O ~ ~ d c a~ ' ` g' 9 d $ ~p I c ~~° -ooo I N~~ CJ7 ~ I ~B w~o~ d V ~ Up ~ ~ Q m N ~ 'J i -... 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N ~ .0~"+ R ~ C C N 3 :~ o ~ h ~QP. u r ai ~o ~ xrtW Q ~~/ ~~~.T W ~ V Z D W N ~ ,,,-~~ env N ~ , ~ ~ ` `~' •' r ~31 ~ a ~~ c ~ ~a ..p a .-, rn N ~5$ ~~ S ~ ~ a O S m r N ~ ,~ ~ L m o !~ m m m o i a~~ ~ a U CC ~ V- ~ ~ ~ U ~ V ~ ~~ ~U~ d ¢~(WJ1 U 2~ N N d T ~ 0 $~n ~~~~ Z T ~ T ~ _ _ . .__ m y ._ y ~, a c W ~'~ c~ {im t' ~E2E~O1t W F'- c tY O LL ~ ~ ~. --~- 0 a W ~ ~ o d c W ~, ~~ ~ O v ~ ~ a? ra ..D o "" v-. N +n ~~~~ O ~1~ ~~~ ~ j ~ v7 rl ~ ~ N a :i] ~ N ~' SC LY. '~ ~ o ~ : LL a > a tJ v :~ ~ v ~ . n ti ~ a~ .-., o a~ d ~ ~ ' ' p-~ ~ ~ o IL ~ ~o ~ E ~ a_ ~ ~ ~ ~ y.+ ~ N ~ V ~ _ V] ~ 7 b m ~N N m m O~ ~ ~ ~ '~ = C~ ~ ~ r rO O ~c ~r r L. U~~+ ~ ~ ~ CL H W 4.U m ~ ~ m~ _ -~ O {(J w ~ ~ U~ ~ ~ c Z Exhibit "C" CI'I'IMORTGAGE, INC., IN "THE COURT" OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW NO. 12-2246 CIVIL KATHY .IO BROWNAWELL and MARLEY S. BECK, JR., Defendants IN MORTGAGE FORECLOSiJRE IN RE: MOTION FOR DEFAULT JUDGMENT ORDER 1. A rule is issued upon the defendant to show cause why the relief requested in the Plaintiff's Motion for Default judgment ought not to be granted; 2, the defendant shall file an answer to the petition within twenty (20) days of service; 3. the petition shall be decided under Pa. R.C.P. No. 206.7; and 4. argument will be scheduled only if requested by either party. BY '1 HE COURT, ~~ Kevin .Hess, P. J. Richard M. Squire & Associates, LLC Attorneys for Plaintiff - By: Richard M. Squire, Esquire `' c, r , r~~ -_ . M. Troy Freedman, Esquire .~ :. ~ 7 •-- r Craig Oppenheimer, Esquire r"+~ ~ . - LD. Nos. 04267 / 85165 / 313264 ~ ~ ~ ~~- One Jenkintown Station, Suite 104 c /3 ~, t ~ ` ~'~~.., 1 15 West Avenue ~ r- ~- , -~' -- Jenkintown, PA 19(146 C.7 ~,. ~ -~ ~~ i/~ -T . -~ ~ , Telephone: 215-886-8790 ate r~> ~= -- Fax: 215-886-8791 ~ ~ _ c J CITIMORTGAGIi, INC., PLAINTIFF, rr., , IN THE COURT OF COMMON PLEAS" CUMBERLAND COUNTY, PENNSYLVANIA v. KATHY JO BROWNAWELL 230 W. DAUPHIN STREET, ENOLA, PA 17025 MARLEY S. BECK, JR. 230 W. DAUPHIN STREET, ENOLA, PA 17025 DEFENDANTS. DOCKET NO: 2012-2246 CIVIL CIVIL ACTION MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE RE: Court Order I, M. Troy Freedman, Esquire, hereby certify that, on this date, I served or caused to be served a true and correct copy of the Order relating to Plaintiffs Motion for Default Judgment upon the following persor-s via simultaneous regular mail, postage prepaid and certified mail, return receipt requested: KATHY JO BROWNAWELL 230 W. DAUPHIN STREET, ENOL,A, PA 17025 Marley S. Beck, Jr, c/o George W. Gekas, Esq. 5291 Devonshire Road, Harrisburg, PA 17112 Date: I 0-1-2012 RICHARD M. SQUIRE & ASSOCIATES, LLC By: Richar .Squire, Esq. (PA I.D.# 04267) _~ M. roy Freedman, Esq. (PA I.D.# 85165) Craig Oppenheimer, Esq. (PA I.D.# 313264) 115 West Avenue, Suite 104 Jenkintown, PA 19046 215-886-8790 215-886-8791 (fax) rsquire ,squirelaw.com tfreedman(cr~squirelaw.com coppenheimer(cr~squirelaw com Attorneys for Plaintiff CITIMORTGAGE, INC., Plaintiff vs. KATHY JO BROWNAWELL and MARLEY S. BECK, JR., Defendants TN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0. 12-2246 CIVIL 1N MORTGAGE FORECLOSURE IN RE: MOTION FOR DEFAULT JUDGMENT ORDER 'l . A rule is issued upon the defendant to show cause why the relief requested in the Plaintiff s Motion for Default judgment ought not to be granted; , the defendant shall file an answer to the petition within twenty (20) days of service; ~. the petition shall be decided under Pa. R.C.P. No. 206.7; and 4. argument will be scheduled only if requested by either party. BY THE COURT, ~~ Kevin .Hess, P. J~ H a w U W W Q Q Z Q Y Q H N a I.L Y U O J CO H Q a a Y U W U Q LL W a U O Z w 0 2 W N LL N W D Q Z Q W _~ ~~_ N ~ J iC _ I' 01 WNtpt° ~' v U w a ° ~ E N N ~ _ ~NOO O 'N ~ V m H E~ °w m ~ ~ ~ ~ N ~ _~ ~~ °' o '° ''rOt-o ~~ ~~t~E~ ~ .~ ~ ~ N~o v~~~~~, ~= y j ~' ~wN ~Rkd ~' ' U N ~ ' co O G ~ & y p~ g .0 N O (D y ~ O '~~ Zl LLLE9B 't ~ M N W N ~ ( tp ~ C O ~ ~ ` W i9 N !n fA N W 9 ~ h ~ VI _ y a ~ ' L C C '~ C O ~ ~ U U ' w Q U , ~ N LL ~ ._ ~ C~ N N O Q C O ~ C O N 4 ~ L ~ V N E~~ y W ~~ !qLL °a~"E10= ~ v ~ N N N ~ ~ LL X O y `3 ~~'aw~ Q O ~ LL ~ c n a~~ ~~ oW~E p H ~ t0 O `O ~ L Q Ql ~ O '~ d {N N ~ T > ~ w d p C (p ~ O T D L O dU > V 10 N T V `$ca"'gCC O T L" T !%~ O. L C Nw ~"s"N=w10~i ~ t ~ ~~ d m °3 1°' ~ `~ v c ~_ tq G y °~0~_ ~ o $E2E2~~L N ~~ m 4 7 ' ~~ C~~ C O N C ~ V1 ~ =, X O X d~ m ~ ~c~i t~~ ~ L N C y a _ F- d t : 7 ,Of ~ ~~ ~ . ~ o ^ "= P2 8~ ~ rn c ~ ~ ~ ~ ~L ~U a> ~~ ~ D. Dl ~ ~~ LL W ~ ~ ~~ ~~ 4=~ N~ ~ ~~ ao p ~ ~ ~ ~ U W y ~ ^~OOO n- off.? b C A d a d N d L N d w a d a ~ ~; N N d ~ ~.C~.. (Oar ~ ~.~ o ~ ~~ m ~~ 3 0 ~ ~~ L a a y L o a~ Q V ~~ ~0. a a ' ~ o~a . -' ui ° $>> ° ~ °' 6 ~ ~~ ~ ~ ~ ~ ~ a m~ N Z C S N ~ ~ N d ~0 0 YN W O ~ C~~[y~ F.O. my '~j O O ~" Q '~ ~ p aNi ~~O ~^ y U O) N ~ 'S c y V E rn rn Q Q oa ~ ~ ~ a~ .n ? (O>~ Z~ V In G G r N t"J 'V ~A ID t~ oD O) O r r r N r +~ N 0 ~~~ J Q H- J - n ti M Q' O LL N a O CITIMORTGAGE, INC., PLAINTIFF, v. KATHY JO BROWNAWELL 230 W. DAUPHIN STREET, ENOLA, PA 17025 MARLEY S. BECK, JR. 230 W. DAUPHIN STREET, ENOLA, PA 17025 DEFENDANTS. 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 2012-2246 C1VIL CIVIL ACTION MORTGAGE FORECLOSURE ORDER GRANTING DEFAULT JUDGMENT IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANTS And now, this Zg • day of ~•~OVCn.,~i~f` , 2012, upon consideration of Plaintiff's Motion for Default Judgment, and upon consideration of any answer or response thereto, and good cause being shown, it is hereby ORDERED that in rem default judgment be entered in favor of Plaintiff and against Defendants for the sum of $68,655.28 as of 9.15.12, calculated as follows: Principal $ 44,660.60 Accrued Interest through 09/15/2012 $ 19,905.92 Late Charges $ 98.68 Escrow Advances $ 3,458.58 Appraisal $ 389.00 Inspections $ 142.50 Total $ 68,655.28 with continuing per diem interest at $14.34, or the adjusted amount, if the interest rate is adjustable or variable. BY THE CO T: ~! J. -~ ~- -, -,a - rowna , ~ ~ :-, ~ ~ - z Y ~( ~... ~lar~ey S . eck, o ~~ a9 ~a ~ ~ ~ -~ ;~~ ~- P J~~ ~~. r7 ~ ..._. - ,;; Jc- C ~'r; ~ ::~; Richard M. Squire&Associates, LLC Attorneys for Plaintiff • By: Richard M. Squire, Esquire M. Troy Freedman, Esquire Craig Oppenheimer, Esquire ; I.D.Nos. 04267/85165/313264 One Jenkintown Station, Suite 104 7313 PA P �� 115 West Avenue € /1: Jenkintown, PA 19046 Telephone: 215- 886-8790,YLVC Fax: 215-886-8791 CitiMortgage, Inc. IN THE COURT OF COMMON PLEAS PLAINTIFF, CUMBERLAND COUNTY, V. PENNSYLVANIA Kathy Jo Brownawell 230 Dauphin Street NO. 2012-2246 Enola, PA 17025 CIVIL ACTION Marley S. Beck,Jr. 430 S. Enola Drive MORTGAGE FORECLOSURE Enola, PA 17025 DEFENDANTS. CERTIFICATE OF SERVICE RE: NOTICE OF SHERIFF'S SALE 1,M. Troy Freedman, Esquire,hereby certify that,pursuant to the Order of the Cumberland County Court of Common Pleas dated— 3 3/4/201 (relating to alternative service of the Notice of Sheriff's Sale),attached hereto as Exhibit"A"and made a part hereof,the Notice of Sheriff's Sale pursuant to Pa. R.C.P. 3129.2(c)(1)(i)(C) and 3/4/2013 Court Order was served upon Defendant Marley S. Beck as follows: a. Via posting at 230 W. Dauphin Street,Enola,PA 17025 on March 12, 2013. A true and correct copy of the private process server's Affidavit of Service is attached hereto as Exhibit"B"and made a part hereof. b. Via simultaneous regular mail-postage prepaid and certified mail-return receipt requested to 230 W. Dauphin Street, Enola, PA 17025 &430 S. Enola Drive,Enola, PA 17025 on March 8,2013 True and correct copies of the certified mail receipts and PS Form 3877 are collectively attached hereto as Exhibit"C"and made a part hereof. RICHARD M. SQAJIRE&ASSOCIATES, LLC Dated: March 18, 2013 BY: Vr Troy Freedman, Esquire Attorney for Plaintiff Exhibit "A" f CitiMortgage,Inc., IN THE COURT OF COMMON PLEAS PLAINTIFF, CUMBERLAND COUNTY, PENNSYLVANIA V. Kathy Jo Brownawell DOCKET NO: 2012-2246 230 Dauphin Street Enola, PA 17025 CIVIL ACTION M Marley S. Beck MORTGAGE FORECLOSURE WAS 430 S. Enola Drive Enola,PA 17025, DEFENDANTS.,, E5 ORDER GRANTING ALTERNATIVE SERVICE OF THE NOTICES OF SHERIFF'S SALE AND NOW, this day of '74 , 20 0, upon consideration of Plaintiffs Motion for Alternative Service of the Notices of Sheriffs Sale,and upon consideration of any answer or response thereto, and good cause showing; it is hereby ORDERED that Plaintiff may serve the Notices of Sheriffs Sale pursuant to Pa. R.C.P. 3129.2(a) upon Defendant Marley S. Beck by (1) sending a true and correct copy thereof to Defendant Marley S.Beck via simultaneous certified mail return receipt requested and regular mail postage prepaid to 230 W.Dauphin Street,Enola,PA 17025 and his last known address of 430 South Enola Drive,Enola,PA 107025;and(2)posting a true and correct copy thereof on the mortgaged premises at 230 W. Dauphin Street,Enola,PA 17025 by any competent adult. Service of the aforementionedmailings is effective upon the date of mailing and is to be effectuated by Plaintiffs attorney, who will file with the Prothonotary's Office a Certificate of Service as to such mailings. BY THE COURT: 544&40 J. Exhibit "B " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA AFFIDAVIT OF SERVICE CITIMORTGAGE,INC. KATHY JO BROWNAWELL and MARLEY S.BECK,Jr. Plaintiff(Petitioner) Vs. Defendant(Respondent) CASE and/or DOCKET No.: 2012-2246 CIVIL ACTION MORTGAGE FORECLOSURE 1, Rygta Nom, K a; declare that I am a Pennsylvania State Constable and/or Process Server„that I am not a party to this action,not an employee of a party to this action,or an attorney to the action,and that within the boundaries of the state were service was effected. I was authorized by law to perform the said service. SERVICE UPON: MARLEY S.BECK ADDRESS: 230 W.DAUPHIN STREET,ENOLA,PA 17025 On: 31IZ 1 I; At: 1130 A*— Description:Approximate Age Height Weight Race Sex Hair With Documents: NOTICE OF SHERIFF'S SALE AND COURT ORDER GRANTING ALTERNATIVE SERVICE OF THE NOTICES OF SHERIFFS SALE By handing to: o DELIVERED A COPY TO HIM/HER PERSONALLY o LEFT A COPY WITH A HOUSEHOLD MEMBER NAME/RELATIONSHIP: o LEFT A COPY WITH ADULT IN CHARGE OF RESIDENCE:NAMEIRELATIONSHIP VPOSTED PROPERTY o AGENT OR PERSON IN CHARGE OF PLACE OF BUSINESS:NAMEITITLE o MILITARY STATUS: YES NO BRANCH COMMENTS: DEFENDANT WAS NOT SERVED BECAUSE: _MOVED_UNKNOWN NO ANSWER „VACANT OTHER: SERVICE WAS ATTEMPTED ON THE FOLLOWING DATES/TIMES: ! 1.) 2.} 3.) 4.) 7 SWORN TO AND SVgSCRISED BEFORE E THI ' l., 3�DAY OF 2013. CONSTABL SER R*nF[ED AGENT NOTARY Wed�sday May 1,2013 at 10:00am Notau Seat Eec M.Aftlerbach,Nctar/Public Washmgtan Twp.,serks County My COMMISSkn:E*reS Nov.18,2013 EALA.Attorney Services,LLC.711 Pine Street,Barto PA 19504.610.9063533 tfy 610.S45.7321 071009 FEI 1201 -8.00 46-BIE-BATCH INSP EXP INFC-INSPECTION-FORECL 98 BAL AFTER 229368.00 -856.40 061009 E20 1201 -699.00 PAYEE = ERIE INSUR -699.00 .00 .00 BAL AFTER 229368.00 -856.40 050809 FEI 1201 -8.00 46-BIE-BATCH INSP EXP INFC-INSPECTION- FORECL 98 BAL AFTER 229368.00 -157.40 041709 DEB 84.00 410036842 SOURCE ONE 4243813 090417 43-APPRAISAL/BPO BPOS-BPD'S 00.00 BAL AFTER 229368.00 -157.40 040209 E91 1201 -744.31 PAYEE = ECONOMY BO -744.31 CHK# 00121568035 91 BAL AFTER 229368.00 -157.40 022009 E90 1201 -1180.26 PAYEE = BEAVER COU -1180.26 CHK# 00121553307 91 BAL AFTER 229368.00 586.91 123108 YTD 1201 .00 .00 17928.90 5168.70 .00 .00 00.00 BAL AFTER 229368.00 1767.17 121608 RP 1201 2205.38 164.06 1623.94 417.38 .00 .00 600 BAL AFTER 229368.00 1767.17 121208 PT 1101 1349.79 .00 .00 1349.79 .00 .00 2204 LC DT 1101 BAL AFTER 229532.06 1349.79 121208 ITR 1101 OLD 125 45 NEW 100 45 PBAL 229532.06 EBAL PERCENT 100.0000 2204 BAL AFTER 229532.06 00.00 00.00 121208 RT 1101 -1349.79 00 .00 -1349.79 .00 .00 2204 BAL AFTER 229532.06 00.00 110508 RP 1101 2205.38 162.91 1625.09 417.38 .00 .00 600 BAL AFTER 229532.06 1349.79 101508 RP 1001 2205.38 161.76 1626.24 417.38 .00 .00 600 BAL AFTER 229694.97 932.41 090908 RP 0901 2205.38 160.63 1627.37 417.38 .00 .00 600 BAL AFTER 229856.73 515.03 081208 RP 0801 2205.38 159.50 1628.50 417.38 .00 .00 600 BAL AFTER 230017.36 97.65 080408 E92 0701 -3244.13 PAYEE = AMBRIDGE S -3244.13 CHK# 00120052008 91 BAL AFTER 230176.86 -319.73 070408 RP 0701 2205.38 158.38 1629.62 417.38 .00 .00 Exhibit "C" <mc o TI Z c. ,gip m�z 3� m 0 w 0 wE"' O _ z �' '��+' N ` = a ?'� m �0 omznnmzo o am CD 0 y C1 W -n N d CD fn N CD fn i z p < c0 v ro� N�. i K S!o tp K E N C N 0 a N� _ ___ nom ��,� � n� g CD cn �. m0 Ln m to /..Ji �ov �Wd E n o y m �, d cn n� 3 m r p, Do- DOCA '0`D pp Cu O 0' a m cD -4 v M M -" 1 t Ln a .. a� CD y CL y � N CD d 7 Cl 0 c ❑0013❑ z Er x Cb 0(n CCDD D R y m CD m m 0 a ID T- m CD m su0 X - T 0 3 ,o 0 D m CL 'r mp ❑❑ m m 9. 0 N� c=r m � m c M R o-' m O 3 3gg m a 0. Q `° m D sz �' W tZ/� �Ss^GE Oar m o, 0 o°o n mmm ai W ...� <mc o "n m a' m-iz oo� .. �� o � ... C 9 a m m C CD •° O G7 °' n cD co CD O l -40 Elq c . m m r 0060-a a m C3 - ���--� O m E A/�. cn r O)C)Dn m o t,: m Ln 4. 0 p m 1 O m T vi t�ppn o _� ++� co SHERIFF'S OFFICE OF CUMBERLAND COUNTY tt- ,1LED-0F P-1i;E Ronny RAnderson r of i � pRDTI GNOTAR:Y Sheriff �a ,at rniq�rrra,,� \\V1tS Jody S Smith 7Q1 JUL 23 AN gip: 10 Chief Deputy 4N, . Richard W Stewart COUNTY Y "` ��`�°:�� 'a Solicitor OFFICE of TPE VERIFF PENNSYLVANIA CITIMORTGAGE, Inc. Case Number vs. Kathy Jo Brownawell (et al.) 2012-2246 SHERIFF'S RETURN OF SERVICE 12/11/2012 Ronny R.Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Kathy Jo Brownawell, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of Dauphin County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 12/28/2012 08:18 PM-Deputy Shawn Harrison, 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 230 W. Dauphin Street aka 230 Dauphin Street, Enola, PA 17025, Cumberland County. 02/05/2013 The requested Real Estate Writ, Notice and Description, in the above titled action, returned by the Sheriff of Dauphin County, the within named Defendant Kathy Jo Brownawell, not found at 1429 North Front Street,Apt 3, Harrisburg, PA 17102, 14 attempts were made for service, could not locate defendant prior to expiration date. So Answers: M. Sweigart, Deputy, Sheriff. 02/05/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Marley Scott Beck, Jr., but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as"Not Found"at 430 S. Enola Drive, Enola, PA 17025, oer current resident, stepsister Alexis Ramsey, defendant'is believed to be living in Johnstown, PA, defendant did not leave a forwarding address at post office. 02/08/2013 As directed by Craig Oppenheimer,Attorney for the Plaintiff, Sheriffs Sale Continued to 5/1/2013 05/01/2013 As directed by Craig Oppenheimer,Attorney for the Plaintiff, Sheriffs Sale Continued to 6/5/2013 06/05/2013 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, Carlisle, PA on June 5, 2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Craig Oppenheimer, on behalf of CitiMortgage, Inc., being the buyer in this execution, paid to the Sheriff the sum of SHERIFF COST: $1,168.22 SO ANSWERS, July 02, 2013 RbNI4Y R ANDERSON, SHERIFF -�- L .��, (c)CountySuite Sheriff,Toleosoft,Inc. Richard M. Squire & Associates, LLC By,: Richard M. Stluire, Esquire M. Troy Freedman, Esquire Craig,Opptnheimer, Esquire I.D.Nos. 04267/ 85165 /313264 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 (215) 886-8790 Fax (215) 886-8791 Attorneys for Plaintiff CitiMortgage, Inc. IN THE COURT OF COMMON PLEAS PLAINTIFF, CUMBERLAND, PENNSYLVANIA V. NO. 2012-2246 Kathy Jo Brownawell CIVIL ACTION 230 Dauphin Street Enola, PA 17025 MORTGAGE FORECLOSURE Marley S. Beck, Jr. 430 S. Enola Drive Enola, PA 17025 DEFENDANTS. 's AFFIDAVIT PURSUANT TO RULE 3129.1 CitiMortgage,Inc.,Plaintiff in the above action,being authorized to do so, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 230 W. Dauphin Street aka 230 Dauphin Street, Enola, PA 17025 Parcel No:.09-14-0832-201. 1. Name and last known address of Owner(s) or Reputed Owner(s): Kathy Jo Brownawell 230 Dauphin Street Enola, PA 17025 Marley S. Beck 430 S. Enola Drive Enola, PA 17025 2. Name and last known address of Defendant(s) in the judgment: Kathy Jo Brownawell 230 Dauphin Street and/or 1429 N. Front Street, Apt 3, Enola, PA 17025 Harrisburg, PA 17102-2632 Marley S. Beck 430 S. Enola Drive Enola, PA 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: FAClients\Citi MortgageVumper,Olen-299F\writ packagel2.4.12.wpd CitiMortgage, Inc. 1000 Technology Drive O'FOlon, MO 63368-2240 East Pennsboro Township 98 S. Enola Drive Enola, PA 17025 4. Name and address of last recorded holder of every mortgage of record: CitiMortgage, Inc. 1000 Technology Drive O'Fallon, MO 63368-2240 Associates Consumer Discount Company 5080 C Jonestown Road Harrisburg, PA 17112 5. Name and address of every other person who has any record lien on the property: None other. 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: Domestic Relations Family Services Bldg. 13 North Hanover Street PO Box 320 Carlisle, PA 17013 Tax Claim Bureau One Courthouse Square - Room 106 Carlisle, Pa 17013 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Department of Public Welfare Attn : Legal Department Health& Welfare Building P. O. Box 2675 Harrisburg, PA 17105-2675 Department of Public Welfare Bureau of Child Support Enforcement Health & Welfare Bldg., Room 432 Harrisburg, PA 17105-2675 FAClients\Citi MortgageUumper,Olen-299F\writ package I 2.4.12.wpd s f 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: `Ten nt/Occupant 230 W. Dauphin Street Enola, PA 17025 Tenant/Occupant 230 Dauphin Street Enola, PA 17025 Marley S. Beck, Jr. c/o George W. Gekas, Esq. 230 Dauphin Street, Enola, PA 17025 Olen E. Jumper, Deceased, and all known and unknown individuals, heirs, successors, assigns, business entities, non-profit entities, and/or charitable entities having and/or claiming any right, title, and/or interest in and/or from the decedent. 230 W. Dauphin Street Enola, PA 17025 VERIFICATION 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. §4904 relating to unsworn falsification to authorities. Richard M. Squire & Associates, LLC By: Richard quire, Esquire � Troy Freedman, Esquire aig Oppenheimer, Esquire 115 West Avenue, Suite 104 Jenkintown, PA 19046 (215) 886-8790 Attorneys for Plaintiff Date: December 4, 2012 FAClients\Citi Mortgage\Jumper,Olen-299F\writ package12.4.12.wpd Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire Craig Oppenheimer, Esquire I.D. Nos. 04267 / 85165 /313264 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 (215) 886-8790 Fax (215) 886-8791 Attorneys for Plaintiff CitiMort gage, Inc. IN THE COURT OF COMMON PLEAS PLAINTIFF, CUMBERLAND, PENNSYLVANIA V. NO. 2012-2246 Kathy Jo Brownawell CIVIL ACTION 230 Dauphin Street Enola, PA 17025 MORTGAGE FORECLOSURE Marley S. Beck, Jr. 430 S. Enola Drive Enola, PA 17025 DEFENDANTS. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Kathy Jo Brownawell 230 Dauphin Street and/or 1429 N. Front Street, Apt 3, Enola, PA 17025 Harrisburg, PA 17025 Your house (real estate) at 230 W. Dauphin Street aka 230 Dauphin Street, Enola, PA 17025 is scheduled to be sold at Cumberland County Sheriff Sale,on Wednesday,March 6,2013 at 10:00 a.m., at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. to enforce the court judgment of$68,655.28 plus interest to the sale date obtained by CitiMortgage, Inc. against you. 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 back to CitiMortgage, Inc., the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call: Richard M. Squire, Esquire, M. Troy Freedman, Esquire or Craig Oppenheimer, Esquire at(215) 886-8790. FAClients\Citi MortgageUwnper,Olen-299F\writ package I2.4.12.wpd f` 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 gale for good cause. 3. You may 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 below 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 the Cumberland Sheriff s Office at 717-240-6100. 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 the Cumberland County Courthouse at 717-240-6100. 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 a 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 schedule of distribution of the money bid for your house will be filed by the Sheriff no later than 30 days after the Sheriff s Sale. This schedule will state who will be receiving the 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 date of filing of said schedule. 7. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 FAClients\Citi MortgageVumper,Olen-299F\writ package I2.4.12.wpd Richard M. Squire &.Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire Craig Oppenheimer, Esquire I.D. Nos. 04267 / 85165 /313264 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 (215) 886-8790 Fax (215) 886-8791 Attorneys for Plaintiff CitiMortgage, Inc. IN THE COURT.OF COMMON PLEAS PLAINTIFF, CUMBERLAND, PENNSYLVANIA V. NO. 2012-2246 Kathy Jo Brownawell. CIVIL ACTION 230 Dauphin Street Enola, PA 17025 ' MORTGAGE FORECLOSURE Marley S. Beck, Jr. 430 S. Enola Drive Enola, PA 17025 DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Marley S. Beck, Jr. 430 S. Enola Drive Enola, PA 17025 Your house (real estate) at 230 W. Dauphin Street aka 230 Dauphin Street, Enola, PA 17025 is scheduled to be sold at Cumberland County Sheriff Sale,on Wednesday.March 6.2013 at 10:00 a.m.,at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. to enforce the court judgment of$68,655.28 plus interest to the sale date obtained by CitiMortgage, Inc. against you. 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 back to CitiMortgage, Inc.,the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call: Richard M. Squire, Esquire, M. Troy Freedman, Esquire or Craig Oppenheimer, Esquire at (215) 886-8790. FAClients\Citi Mortgage\Jumper,Olen-299F\writ package 12.4.12.wpd wi 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 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 below 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 the Cumberland Sheriff s Office at 717-240-6100. 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 the Cumberland County Courthouse at 717-240-6100. 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. S. You have a 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 schedule of distribution of the money bid for your house will be filed by the Sheriff no later than 30 days after the Sheriff s Sale. This schedule will state who will be receiving the 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 date of filing of said schedule. 7. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 F:\Cfients\Citi MortgageUtunper,Olen-299F\writ package 12.4.12.wpd LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land with buildings and improvements thereon erected situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the southern line of Dauphin Street at or opposite the center of the partition wall dividing properties known as No.230 and 232 Dauphin Street,said point being two hundred twenty-nine and three hundred eighty-nine one-thousands (299.389) feet east of the southeast comer of Brick Church Road and Dauphin Street; thence along the southern line of Dauphin Street, North 79 degrees 40 minutes East, forty-six (46) feet to a point; thence South 10 degrees 20 minutes East, one hundred seventeen and five hundred five one-thousands (117.505) feet to a point; thence South 79 degrees 40 minutes West, forty-six (46) feet to a point at or opposite the center of the partition wall dividing properties known as No. 230 and 232 Dauphin Street; thence North 10 degrees 20 minutes West through the center of the partition wall dividing properties known as No. 230 and 232 Dauphin Street and beyond one hundred seventeen and five hundred five one-thousandths (117.505) feet to a point, at the place of BEGINNING. HAVING thereon erected the eastern one-half of a two story dwelling known as No.230 Dauphin Street aka 230 W. Dauphin Street, Enola, Pennsylvania. BEING Tax Parcel No. 09-14-0832-201 BEING the same premises that Theodore E. Scrignoli and Winifred E. Scrignoli,his wife by their Deed dated August 29, 1963, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "Y", Volume 20, Page 737, granted and conveyed unto Olen E. Jumper and Romaine M. Jumper, his wife, now deceased. FAClicnts\Citi MortgageVumper,Olen-299F\xvrit package 12.4.12.wpd , WRIT OF EXECUTION and/or ATTACHMENT COMMONWEACTH OF PENNSYLVANIA) NO. 12-2246 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC. Plaintiff(s) From KATHY JO BROWNAWELL,MARLEY S. BECK,JR. (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: $68,655.28 $$ L.L.: $.50 Interest FROM 9-16-12 TO 3-6-13 @$14.0PER DIEM-$2,466.14 Atty's Comm: Due Prothy: $2.25 Atty Paid: $259.50 Other Costs: Plaintiff Paid: Date: 12/6/12 '\Q David D. Buell, Prothonotary (Seal) Deputy REQUESTING PARTY: Name: CRAIG OPPENHEIMER,ESQUIRE Address: RICHARD M.SQUIRE &ASSOCIATES,LLC ONE JENKINTOWN STATION,SUITE 104 115 WEST AVENUE JENKINTOWN,PA 19046 Attorney for: PLAINTIFF TRUE COPY FROM RECORD In Testimony whereof,I here unto set my hand Telephone: 215-886-8790 and the seal of said Court At Carlisle,Pa. This �O day of 20 Supreme Court ID No.313264 Prothhonotary On December 11, 2012 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as, 230 W. Dauphin Street alca 230 Dauphin Street, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 11, 2012 By: C Real Estate Coordinator 8� L cJ q- 030 1101 ��1233NS ]Hi 3I4�'� CUMBERLAND LAW JOURNAL Writ No. 2012-2246 Civil August 29, 1963, and recorded in the Office of the Recorder of Deeds in CITIMORTGAGE,Inc. and for Cumberland County, Penn- sylvania, in Deed Book"Y",Volume Penn- VS. 20,Page 737,granted and conveyed Kathy Jo Brownawell, unto Olen E. Jumper and Romaine Marley Scott Beck,Jr. M.Jumper,his wife,now deceased. Atty.: Craig Oppenheimer ALL THAT CERTAIN lot or piece of land with buildings and improve- ments thereon erected situate in East Pennsboro Township, Cumberland County,Pennsylvania,bounded and described as follows,to wit: BEGINNING at a point in the southern line of Dauphin Street at or opposite the center of the parti- tion wall dividing properties known as No.230 and 232 Dauphin Street, said point being two hundred twenty- nine and three hundred eighty-nine one-thousands(299.389)feet east of the southeast corner of Brick Church Road and Dauphin Street; thence along the southern line of Dauphin Street,North 79 degrees 40 minutes East, forty-six (46) feet to a point; thence South 10 degrees 20 minutes East, one hundred seventeen and five hundred five one-thousands (117.505) feet to a point; thence South 79 degrees 40 minutes West, forty-six (46) feet to a point at or opposite the center of the partition wall dividing properties known as No. 230 and 232 Dauphin Street;thence North 10 degrees 20 minutes West through the center of the partition wall dividing properties known as No.230 and 232 Dauphin Street and beyond one hundred seventeen and five hundred five one-thousandths (117.505)feet to a point,at the place of BEGINNING. HAVING thereon erected the east- ern one-half of a two story dwelling known as No. 230 Dauphin Street aka 230 W. Dauphin Street, Enola, Pennsylvania. BEING Tax Parcel No. 09-14- 0832-201 BEING the same premises that Theodore E.Scrignoli and Winifred E. Scrignoli,his wife by their Deed dated 27 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: January 25, February 1, and February 8, 2013 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. isa Marie Coynh, Editor SWORN TO AND SUBSCRIBED before me this da of Februar 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patript-News Co., 2020 Technology Pkwy Suite 300 the a tr1*ot AwXews 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 Marianne Miller, 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: 01/22113 2012.2246 Chdl CITIMORTGAGE,In 01/29/13 VS Kathy Jo Brownewell 02/05/13 Marley Scott Beck,Jr Attir- Craig OPPiDnhe"ne" t THAT CERTAIN lot or piece of land ALL improvements thereon with buildings and ...ctd situate in Fast Pcnnsbo'()Town"i"I" Sworn o and ed before me this day of February, 2013 A.D. Cumberland county, Pennsylvania, d as follows,to hounded and desert U BEGINNING at a Point in the southern wit:line 1 center- of Dauphin Street at or OPPOS ite the of the partition wall dividing properties Notary r_ump known as No. M and 232 Dauphin Street, said point being two hundred i Ci ,ighty-ohie twenty-nine and three hundred p one-thousands (299.399) feet cast of the southeast comer of Btick Church Road and 0 Notarial Seal PENNSYLVANIA the! Dauphin Street;thence along the southerrill line of Dauphin Street,North 79 de 40 Holly Lynn Warfel,Notary Public minutes East,forty-six feet to a int; Washington Twp.,Dauphin County thence South 10 de .,min rtes East, CommWon Expires De–12,2016 one hundred seventeen and- ve hundred MEMBER,PENNSYLVANIA AMM1104 OF NOTARIES —RIES )feet to a five one-thou rids(117-505 40 minutes t'l thence South 19 degrees COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler,Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which CitiMortgage Inc is the grantee the same having been sold to said grantee on the 5th day of June A.D., 2013, under and by virtue of a writ Execution issued on the 6th day of December, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Tenn, 2012 Number 2246, at the suit of CitiMortgage Inc against Kathy Jo.Brownawell &Marley S Beck Jr is duly recorded as Instrument Number 201324168. IN TESTIMONY WHEREOF, I have hereunto set my hand and eal of said office this _day of Recorder of Deeds 9ecorder of Deeds,Curnbeftd County,Data PA My commission Expires the Fast Monday of Jan.2014 Richard M. Squire & Associates LLC Attoe,'s' oi ' "`0 TA; ' By: Richard M. Squire, Esquire Kevin Diskin, Esquire "! Craig Oppenheimer, Esquire '{-tNI3f{ { AE ID. Nos. 04267/ 86727/313264 {°' YS COUNTY One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 CitiMortgage, Inc. IN THE COURT OF COMMON PLEAS PLAINTIFF, CUMBERLAND COUNTY, PENNSYLVANIA V. Kathy Jo Brownawell NO. 2012-2246 230 W. Dauphin Street Enola, PA 17025 CIVIL ACTION Marley S. Beck, Jr. MORTGAGE FORECLOSURE 430 S. Enola Drive Enola,PA 17025 DEFENDANTS. PLAINTIFF'S PETITION TO SET ASIDE SHERIFF'S SALE AND STRIKE RECORDED SHERIFF'S DEED AND NOW, comes Plaintiff,CitiMortgage, Inc.,by its undersigned attorney and petitions this Honorable Court for an Order setting aside the June 5, 2013 sheriff's sale of 230 W.Dauphin Street,Enola,PA 17025 (Writ of Execution No. 2012-2246). In support thereof, Plaintiff avers the following: 1. In this mortgage foreclosure proceeding, Plaintiff properly caused a default judgment to be entered against the Defendants as a result of their failure and/or refusal to make, tender, and deliver the monthly mortgage payments. 2. Plaintiff thereafter properly caused a Writ of Execution to be issued with which Plaintiff used to properly schedule Defendants' real property situated at 230 W. Dauphin Street,Enola,PA 17025 (hereinafter referred to as "mortgaged premises") to be listed for sheriffs sale. 3. At the June 5, 2013 Cumberland County sheriff's sale,the mortgaged premises was purchased by Plaintiff,the prevailing bidder. 4. Plaintiff and Defendants are presently negotiating a workout so that Defendants may retain title to the mortgaged premises. 5. Plaintiff now desires to set aside the June 5, 2013 sheriff s sale of the mortgaged premises to allow Plaintiff and Defendants to finalize a mutually acceptable workout. 6. Pursuant to Pa. R.C.P. 3132,upon petition of"any party in interest before delivery of 1 the sheriff's deed to real property,the court,may, upon proper cause shown, set aside the sale 7. Although the Sheriff's deed to the property has been delivered on July 3, 2013 setting aside the June 5, 2013 sheriffs sale would be of great benefit to Defendants. Accordingly, it is believed that Defendants will not be opposing this Petition. 8. By way of this Motion, Plaintiff also seeks to strike that certain Deed Poll issued by Ronny R. Anderson,the Sheriff of Cumberland County in favor of CitiMortgage, Inc., dated July 3, 2013 and recorded July 23, 2013 in the Office of the Recorder of Deeds in and for Cumberland County as Instrument Number 201324168 is stricken ab initio. A true and correct copy of the Recorded Sheriff's Deed is attached hereto as Exhibit"A"and made a part hereof. 9. Striking an erroneous recorded real estate instrument may be accomplished via motion/petition. See Alliance Funding Co. v. Stahl, et al., 2003 Pa. Super. 277, 829 A.2d 1179 (2003) (motion was filed to strike an erroneous mortgage satisfaction piece); A-1 Discount Co. v. Nardi, 1999 Pa. Super. 177, 735 A.2d 121, 123 (1999) (a petition to strike the entry of satisfaction is addressed to the trial court's discretion and the court's adjudication of the petition will not be reversed absent an abuse of that discretion). Though a"Motion"had been filed in Alliance Funding I Co. v. Stahl, et al., it appears that the relief being sought herein is properly presented in the form of a petition with a proposed rule to show cause. 10. Plaintiff has contacted counsel for the Defendants who does not object to the requested relief sought herein. Therefore,Plaintiff has complied with the terms of Cumberland County Local Rule 208.3(a)(9). This matter had previously been assigned to the Honorable Kevin A. Hess who ruled on Plaintiff's Motion to Terminate Stay of Foreclosure Proceedings and Plaintiff's Motion for Default Judgment. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 3132 setting aside the June 5, 2013 sheriff's sale of 230 W. Dauphin Street, Enola, PA 17025 (Writ of Execution No. 2012-2246) and striking that certain Deed Poll issued by Ronny R. Anderson, the Sheriff of Cumberland County in favor of CitiMortgage, Inc., dated July 3, 2013 and recorded July 23, 2013 in the Office of the Recorder of Deeds in and for Cumberland County as Instrument Number 201324168. Respectfully submitted, Dated: August 2013 RICHARD M. SQUIRE &ASSOCIATES, LLC �, BY: Craig Opp eimer, Esquire Attorneys for Plaintiff Richard M. Squire & Associates, LLC Attorneys for Plaintiff By: Richard M. Squire, Esquire Kevin Diskin, Esquire Craig Oppenheimer, Esquire ID. Nos. 04267/ 86727/313264 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 CitiMortgage, Inc. PLAINTIFF, IN THE COURT OF COMMON PLEAS V. CUMBERLAND COUNTY, PENNSYLVANIA Kathy Jo Brownawell NO 2012-2246 230 Dauphin Street Enola,PA 17025 CIVIL ACTION Marley S. Beck, 430 S. Enola Drive MORTGAGE FORECLOSURE Enola, PA 17025 DEFENDANTS. VERIFICATION 1, Craig Oppenheimer, Esquire, hereby state that I am one of the attorneys for Plaintiff, a corporation unless designated otherwise; that I am authorized to make this Verification; that I have personal knowledge of the facts averred in the foregoing Petition; and that the statements made in the foregoing Petition are true and correct to the best' of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated: August 2013 RICHARD M.I SQUIRE &ASSOCIATES, LLC BY: traig OppenReimer, Esquire Attorney for Plaintiff Richard M. Squire&Associates,LLC Attorneys for Plaintiff By: Richard M. Squire,Esquire Kevin Diskin,Esquire Craig Oppenheimer,Esquire ID.Nos. 04267/86727/313264 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown,PA 19046 Telephone:215-886-8790 Fax:215-886-8791 CitiMortgage,Inc. IN THE COURT OF COMMON PLEAS V. PLAINTIFF, CUMBERLAND COUNTY,PENNSYLVANIA Kathy Jo Brownawell NO.2012-2246 230 Dauphin Street Enola,PA 17025 CIVIL ACTION Marley S.Beck,Jr. MORTGAGE FORECLOSURE 430 S.Enola Drive Enola,PA 17025 DEFENDANTS. CERTIFICATE OF SERVICE 1,Craig Oppenheimer,Esquire,hereby certify that,on this date, I served or caused to be served a true and correct copy of the foregoing Plaintiff's Petition to Set Aside Sheriff's Sale, Verification,Memorandum of Law,and, proposed form of Order upon the following persons via simultaneous regular mail,postage prepaid and certified mail,return receipt requested: Sheriff of Cumberland County 1 Courthouse Square, Room 303,Carlisle,PA 17013 KATHY JO BROWNAWELL 230 W.DAUPHIN STREET, ENOLA,PA 17025 Marley S.Beck,Jr, c/o George W.Gekas,Esq. 5291 Devonshire Road, Harrisburg,PA 17112 Dated:August 2,2013 RICHARD M. SQUIRE&ASSOCIATE LC BY: Craig Oppenheimer,Esquire Attorney for Plaintiff Richard M. Squire & Associates, LLC Attorneys for Plaintiff By: Richard M. Squire, Esquire .Kevin Diskin, Esquire Craig Oppenheimer, Esquire ID. Nos. 04267/ 86727/313264 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 CitiMortgage, Inc. IN THE COURT OF COMMON PLEAS PLAINTIFF, CUMBERLAND COUNTY, PENNSYLVANIA V. Kathy Jo Brownawell NO. 2012-2246 230 Dauphin Street Enola,PA 17025 CIVIL ACTION Marley S. Beck,Jr. MORTGAGE FORECLOSURE 430 S. Enola Drive Enola,PA 17025 DEFENDANTS. MEMORANDUM OF LAW Pa. R.C.P. 3132 states as follows: Upon petition of any party in interest before delivery of the personal property or of the sheriff's deed to real property,the court, may, upon proper cause shown, set aside the sale and order a resale or enter any other order which may be just and proper under the circumstances. (Emphasis.added). In this mortgage foreclosure proceeding, Plaintiff properly caused a default judgment to be entered against the Defendants as a result of their failure and/or refusal to make,tender, and deliver the monthly mortgage payments. Plaintiff thereafter properly caused a Writ of Execution to be issued with which Plaintiff used to properly schedule Defendants' real property situated at W.Dauphin Street,Enola,PA 17025 (hereinafter referred to as "mortgaged premises") to be listed for sheriffs sale. At the June 5, 2013 Cumberland County sheriff s sale,the mortgaged premises was purchased by Plaintiff,the prevailing bidder. Plaintiff and Defendants are presently negotiating,a workout so that Defendants may retain title to the mortgaged premises. Plaintiff now desires to set aside the June 5, 2013 sheriff's sale of the mortgaged premises to allow Plaintiff and Defendants to finalize a mutually acceptable workout. Although the Sheriff s deed to the property has been delivered on July 3, 2013 setting aside the June 5, 2013 sheriffs sale would be of great benefit to Defendants. Accordingly, it is believed that Defendants will not be opposing this Petition. By way of this Motion, Plaintiff also seeks to strike that certain Deed Poll issued by Ronny R. Anderson,the Sheriff of Cumberland County in favor of CitiMortgage, Inc., dated July 3, 2013 and recorded July 23, 2013 in the Office of the Recorder of Deeds in and for Cumberland County as Instrument Number 201324168 is stricken ab initio. A true and correct copy of the Recorded Sheriff s Deed is attached hereto as Exhibit"A"and made a part hereof. Striking an erroneous recorded real estate instrument may be accomplished via motion/petition. See Alliance Fundiny.Co. v. Stahl, et al., 2003 Pa. Super. 277, 829 A.2d 1179 (2003) (motion was filed to strike an erroneous mortgage satisfaction piece); A-I Discount Co. v.Nardi, 1999 Pa. Super. 177, 735 A.2d 121, 123,(1999) (a petition to strike the entry of satisfaction is addressed to the trial court's discretion and the court's adjudication of the petition will not be reversed absent an abuse of that discretion). Though a"motion"had been filed in Alliance Funding Co. v. Stahl, et al., it appears that the relief being sought herein is properly presented in the form of a petition with a proposed rule to show cause. FOR ALL THE FOREGOING REASONS, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 3132 setting aside the June 5, 2013 sheriff's sale of 230 W.Dauphin Street,Enola,PA 17025 (Writ of Execution No. 2012- 2246) and striking that certain Deed Poll issued by Ronny R. Anderson, the Sheriff of Cumberland County in favor of CitiMortgage, Inc., dated July 3, 2013 and recorded July 23, 2013 in the Office of the Recorder of Deeds in and for Cumberland County as Instrument Number 201324168. Respectfully submitted, RICHARD M. SQUIRE & ASSOCIATES, LLC BY: Craig Opp imer, Esquire Attorney for Plaintiff Dated: August 2, 2013 CitiMortgage, Inc. IN THE COURT OF COMMON PLEAS PLAINTIFF, CUMBERLAND COUNTY, PENNSYLVANIA V. Kathy Jo Brownawell NO. 2012-2246 230 Dauphin Street Enola, PA 17025 CIVIL ACTION Marley S. Beck, Jr. MORTGAGE FORECLOSURE 430 S. Enola Drive Enola, PA 17025. DEFENDANTS. RULE TO SHOW CAUSE AND NOW, this day of 2013, upon consideration of the foregoing Petition, it is hereby ordered that: (1) a Rule is issued upon the respondent to show cause why the petitioner is not entitled to the relief requested; (2) the respondent shall file an answer to the Petition within twenty (20) days; (3) A hearing or argument shall be scheduled at the discretion of the Assigned Judge; and (4) Notice of the entry of this order shall be provided immediately to all parties by the petitioner. BY THE COURT: J. Exhibit "A" (IPO Tax Parcel No. 09-14-0832-201 That 1,Ronny R.Anderson, Sheriff of the County of Cumberland, In the State of Pennsylvania, for and in consideration of the sum of$1.00(One Dollar) to me in hand paid,do hereby grant and convey to CitiMortgage,Inc. 2012.2246 Civil Term CitiMortgage,Inc. VS Kathy Jo Brownawell Marley S. Beck,Jr. ALL THAT CERTAIN lot or piece of land with buildings and improvements thereon erected situate in East Pennsboro Township, Cumberland County,Pennsylvania,bounded and described as follows,to wit: BEGINI�, G at a point in the southern line of Dauphin Street at or opposite the center of the partition wall dividing properties known as No. 230 and 232 Dauphin Street, said point being two hundred twenty-nine and three hundred eighty-nine one-thousands (299,389)feet cast of the southeast comer' of Brick Church Road and Dauphin Street; thence along the southern line of Dauphin Street,North 79 degrees 40 minutes East forty-six(46)feet to a point; thence South 10 degrees 20 minutes East,one hundred seventeen and five hundred five one-thousands(117.505) feet to a point; thence South 79 degrees 40 minutes West, forty-six(46) feet to a point at or opposite the center of the partition wall dividing properties known as No. 230 and 232 Dauphin Street;thence North 10 degrees 20 minutes West through the center of the partition wall dividing properties known as No.230 and 232 Dauphin Street and beyond one hundred seventeen and five hundred five one-thousandths (117.505)feet to a point, at the place of BEGINNING. HAVING thereon erected the eastern one-half of a two story dwelling known as No. 230 Dauphin Street aka 230 W.Dauphin Street,Enola,Pennsylvania. BEING Tax Parcel No. 09-14-0832-201 BEING the same premises that Theodore E. Scrignoli and Winifred E. Scrignoli,his wife by their Deed dated August 29, 1963, and recorded in the Office.of the Recorder of Deeds in and for Cumberland County,Pennsylvania,in Deed Book "Y",Volume 20,Page 737, granted and conveyed unto Olen E. Jumper and Romaine M.Jumper,his wife,now deceased. The same having been sold by me to the said grantee on the 5th day of June Anno Domini Two Thousand and Thirteen (2013) after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 6th of December Anno Domini 2012 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term,Two Thousand and Twelve(2012)Number 2246 at the suit of CitiMortgage, Inc.—vs-Kathy Jo Brownawell and Marley S.Beck,Jr. I w i I In Witness Whereof, T have hereunto affixed my signature this 3rd day of July Anno Domini Two Thousand and Thirteen(2013) Rom R. Anderson, Sheriff Commonwealth of'Pennsylvania,ss. County of Cumberland Before the undersigned,David D.Buell, Prothonotary of the Court of Common Pleas of Cumberland County,Pennsylvania,personally appeared Ronny R. Anderson, Sheriff of Cumberland County aforesaid, and in due form of law declared that the facts Set forth in the foregoing Deed are true, and that he acknowledged the same in order that Said deed might be recorded. Witness my hand and seal of said Court,this 3rd day Of July Anna Domini Two Thousand and Thirteen(2013) LMLL ro ono ta ar, m er and Un ty,Carlisle, A My GOMmission Expires the First Mond a ay.of)an.20U CA. . ' 1i N 1 hereby certify And P s et Offi that address of the residence --,;. Within Grantee is 1000 Technology Drive O'Fallen,MO 63368 Richard W. Stewart Solicitor ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY - 1 COURTHOUSE SQUARE ' CARLISLE, PA 17013 717-240-6370 Instrument Number-201324168 Recorded On 7/23/2013 At 9:35:17 AM *Total Pages-5 *Instrument Type-DEED-SHERIFF'S Invoice Number-142623 User ID-MSW *Grantor-BECK,.MARLEY S JR *Grantee-CIUMORTGAGE INC *Customer-SHERIFF *FEES STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES - $12.50 RECORDER OF DEEDS PARCEL CERTIFICATION $15.00 This page is now part FEES of this legal document. AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 EAST PENNSBORO SCHOOL $0.00 DISTRICT EAST PENNSBORO TOWNSHIP $0.00 TOTAL PAID $68.00 1 Certify this to be recorded in Cumberland County PA d cV cu;�� RECORDER O+ D DS 10 *-Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 0030PO Il l 11 l 111 llffflill l 11 l 111 CitiMortgage, Inc. IN THE COURT OF COMMON PLEAS PLAINTIFF, CUMBERLAND COUNTY, PENNSYLVANIA V. :, Kathy Jo Brownawell NO. 2012-2246 . w'.= 230 W. Dauphin Street , Enola, PA 17025 CIVIL ACTION CD Marley S. Beck, Jr. MORTGAGE FORECLOSURE c 430 S. Enola Drive Co Enola, PA 17025 ' �a DEFENDANTS. ORDER AND NOW, this �� day of S*Iv , 2013, upon consideration of Plaintiffs Petition to Set Aside Sheriff's Sale and Strike Recorded Sheriff s Deed, and upon consideration of any response thereto, and good cause showing; it is hereby ORDERED and DECREED that the June 5, 2013 sheriff s sale of 230 W.Dauphin Street, Enola,PA 17025 (Writ of Execution No. 2012-2246) is hereby set aside; and it is FURTHER ORDERED and DECREED that the certain Deed Poll issued by Ronny R. Anderson, the Sheriff of Cumberland County in favor of CitiMortgage, Inc., dated July 3, 2013 and recorded July 23, 2013 in the Office of the Recorder of Deeds in and for Cumberland County as Instrument Number 201324168 is stricken ab initio; and it is FURTHER ORDERED and DECREED that Plaintiff may cause a copy or certified copy hereof to be recorded with the Cumberland County Recorder of Deeds. Co r 1�ex M"'LL BY THE URT: C• O � 9 P T i J. .K . 8 Q1�3 Richard M. Squire & Associates, LLC Attorneys for Plaintiff By: Richard M. Squire, Esquire Kevin Diskin, Esquire (r) Craig Oppenheimer, Esquire 1. O c j' ID. Nos. 04267/ 86727/313264 rnrn c^) ;a c. One Jenkintown Station rte-- —4‘0 115 West Avenue, Suite 104 .�� C,t Jenkintown, PA 19046 Telephone: 215-886-8790 ,? Fax: 215-886-8791 '' CitiMortgage, Inc. IN THE COURT OF COMMON PLEAS -4. PLAINTIFF, CUMBERLAND COUNTY, PENNSYLVANIA v. Kathy Jo Brownawell DOCKET NO. 2012-2246 230 Dauphin Street Enola,PA 17025 CIVIL ACTION Marley S. Beck MORTGAGE FORECLOSURE 430 S. Enola Drive Enola, PA 17025 DEFENDANTS. PRAECIPE TO ENTER JUDGMENT UPON COURT ORDER TO THE PROTHONOTARY: Kindly enter judgment, in favor of the Plaintiff, CitiMortgage, Inc., and against the Defendants, Kathy Jo Bronawell and Marley S. Beck, pursuant to the 11/29/2012 Order of Court, attached hereto and made a part hereof. Kindly assess the Plaintiff's damages for the sum of$68,655.28, as set forth on the aforementioned Court Order. Richard M. Squire &Asso -- .LC Dated: _ Craig Op e eimer, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: /2/Y/3 . 616.s04-1,1 3u°7 ) �� Sr © -L. '• Uld CITIMORTGAGE,INC., IN THE COURT OF COMMON PLEAS PLAINTIFF, CUMBERLAND COUNTY, v. PENNSYLVANIA KATHY JO BROWNAWELL DOCKET NO: 2012-2246 CIVIL, 230 W.DAUPHIN STREET, ENOLA,PA 17025 CIVIL ACTION MARLEY S.BECK,JR. MORTGAGE FORECLOSURE 230 W.DAUPHIN STREET, ENOLA,PA 17025 DEFENDANTS. ORDER GRANTING DEFAULT JUDGMENT IN FAVOR,OF PLAINTIFF AND AGAINST DEFENDANTS And now,this (.QQ4' - day of elf14 ,2012,upon consideration of Plaintiff's Motion for Default Judgment,and upon consideration of any answer or response thereto,and good cause being shown,it is hereby ORDERED that in rein default judgment be entered in favor of Plaintiff and against Defendants for the sum of$68,655.28 as of 9.15.12,calculated as follows: Principal $ 44,660.60 Accrued Interest through 09/15/2012 $ 19,905.92 Late Charges $ 98.68 Escrow Advances $ 3,458.58 Appraisal $ 389.00 Inspections $ 142.50 Total $ 68,655.28 with continuing per diem interest at$14.34,or the adjusted amount,if the interest rate is adjustable or variable. BY THE COURT: (LJ'1(JJAW4 ,J. ° w ll -3r-. r„)U t rJ 8 • Richard M. Squire & Associates, LLC Attorneys for Plaintiff By: Richard M. Squire, Esquire Kevin Diskin, Esquire Craig Oppenheimer, Esquire ID. Nos. 04267/ 86727 /313264 One Jenkintown Station 115 West Avenue, Suite 104 Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 CitiMortgage, Inc. IN THE COURT OF COMMON PLEAS PLAINTIFF, CUMBERLAND COUNTY, PENNSYLVANIA v. Kathy Jo Brownawell DOCKET NO. 2012-2246 230 Dauphin Street Enola,PA 17025 CIVIL ACTION Marley S. Beck MORTGAGE FORECLOSURE 430 S. Enola Drive Enola, PA 17025 DEFENDANTS. VERIFICATION OF NON-MILITARY SERVICE Craig Oppenheimer, Esquire, hereby verifies that he is one of the attorneys for the Plaintiff in the above-captioned matter, and that on information and belief, he 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 Service Members' Civil Relief Act of Congress of 2003, as amended. (b) that the Defendant(s) are over 18 years of age and that Defendant Kathy Jo Brownawell resides at or has an address at 230 W. Dauphin Street, Enola, PA 17025 and/or 1429 N. Front Street, Apt. 3, Harrisburg, PA 17102-2632 and/or 20 Coral Drive, Carlisle, PA 17103 and that Defendant Marley S. Beck a/k/a Marley S. Beck, Jr. resides at or has an address at 230 W. Dauphin Street, Enola, PA 17025 and/or 430 S. Enola Drive, Enola, PA 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: /Z/3/3 Craig Oppenheimer, Esquire Attorney for Plaintiff } Cumberland County Prothonotary Cumberland County Courthouse 1 Courthouse Square# 100, Carlisle,Pennsylvania 17013 Phone: (717)-240-6195 Fax: (717)-240-6573 Date: CitiMortgage, Inc. IN THE COURT OF COMMON PLEAS PLAINTIFF, CUMBERLAND COUNTY, PENNSYLVANIA v. Kathy Jo Brownawell DOCKET NO. 2012-2246 230 Dauphin Street Enola,PA 17025 CIVIL ACTION Marley S. Beck MORTGAGE FORECLOSURE 430 S. Enola Drive Enola, PA 17025 DEFENDANTS. NOTICE TO: Kathy Jo Brownawell 230 Dauphin Street Enola, PA 17025 Pursuant to requirements of Pennsylvania Rules of Civil Procedure, Rule 236, notice is hereby given that on P I 113 , a ju. 'ment . - ree)(order) a entered against you in this office in the p ceedi .s in(•} .ted abort •otary Deputy Prothonotary Date Mailed: Cumberland County Prothonotary Cumberland County Courthouse 1 Courthouse Square# 100, Carlisle, Pennsylvania 17013 Phone: (717)-240-6195 Fax: (717)-240-6573 Date: i CitiMortgage, Inc. IN THE COURT OF COMMON PLEAS PLAINTIFF, CUMBERLAND COUNTY,PENNSYLVANIA v. Kathy Jo Brownawell DOCKET NO. 2012-2246 230 Dauphin Street Enola,PA 17025 CIVIL ACTION Marley S. Beck MORTGAGE FORECLOSURE 430 S. Enola Drive Enola,PA 17025 DEFENDANTS. NOTICE TO: Kathy Jo Brownawell 1429 N.Front Street,Apt.3, Harrisburg,PA 17102 Pursuant to requirements of Pennsylvania Rules.of Civil Procedure, Rule 236, notice is •hereby given that on GA11 I t3 , .udg ent(de e)(order) wa ntered against you in this office in the pro ding .ndic t above. ,,..) „ Proary Deputy Prothonotary Date Mailed: • Cumberland County Prothonotary Cumberland County Courthouse 1 Courthouse Square # 100, Carlisle, Pennsylvania 17013 Phone: (717)-240-6195 Fax: (717)-240-6573 Date: CitiMortgage,Inc. IN THE COURT OF COMMON PLEAS PLAINTIFF, CUMBERLAND COUNTY, PENNSYLVANIA v. Kathy Jo Brownawell DOCKET NO. 2012-2246 230 Dauphin Street Enola, PA 17025 CIVIL ACTION Marley S. Beck MORTGAGE FORECLOSURE 430 S. Enola Drive Enola,PA 17025 DEFENDANTS. NOTICE TO: Kathy Jo Brownawell 20 Coral Drive, Carlisle, PA 17013 Pursuant to requirements of Pen sylvania Rules of Civil Procedure, Rule 236, notice is hereby given that on It-1171 I , a gme r,,...dec ° •rder) was tered against you in this office in the prose :ng as n� -�ic. .; above. Prothono ary Deputy Prothonotary Date Mailed: Cumberland County Prothonotary Cumberland County Courthouse 1 Courthouse Square # 100, Carlisle, Pennsylvania 17013 Phone: (717)-240-6195 Fax: (717)-240-6573 Date: CitiMortgage, Inc. IN THE COURT OF COMMON PLEAS PLAINTIFF, CUMBERLAND COUNTY,PENNSYLVANIA v. Kathy Jo Brownawell DOCKET NO. 2012-2246 230 Dauphin Street Enola,PA 17025 CIVIL ACTION Marley S. Beck MORTGAGE FORECLOSURE 430 S. Enola Drive Enola, PA 17025 DEFENDANTS. NOTICE TO: Marley S. Beck a/k/a Marley S. Beck,Jr. 230 Dauphin Street Enola, PA 17025 Pursuant to requirements of Pennsylvania Rules of C. .1 Procedure, Rule 236, notice is\ hereby given that on 1,41!7 l3 , a judgm _ t(dec )(oro was entered) against you in this office in the proceedin,... . indic at a e. r' Prothonotary Deputy Prothonotary Date Mailed: Cumberland County Prothonotary Cumberland County Courthouse 1 Courthouse Square # 100, Carlisle, Pennsylvania 17013 Phone: (717)-240-6195 Fax: (717)-240-6573 Date: CitiMortgage, Inc. IN THE COURT OF COMMON PLEAS PLAINTIFF, CUMBERLAND COUNTY, PENNSYLVANIA v. Kathy Jo Brownawell DOCKET NO. 2012-2246 230 Dauphin Street Enola,PA 17025 CIVIL ACTION Marley S. Beck MORTGAGE FORECLOSURE 430 S. Enola Drive Enola, PA 17025 DEFENDANTS. NOTICE TO: Marley S. Beck a/k/a Marley S. Beck,Jr. 430 S. Enola Drive Enola, PA 17025 Pursuant to requirements of Pennsylvania Rules of Civil Procedure, Rule 236, noce is hereby given that on 6)1C)`i3 , a • dgme-it(dec ,rder) was eit6red against you in this office in the procee 'ng as 'ndicat tbove. 0,44 Protho Deputy Prothonotary Date Mailed: Richard M. Squire&Associates, LLC Attorneys for Plaintiff By: Richard M. Squire, Esquire Kevin Diskin, Esquire Craig Oppenheimer,Esquire I.D. Nos. 04267/86727/313264 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 CitiMort age, Inc. 9 IN THE COURT OF COMMON PLEAS PLAINTIFF, CUMBERLAND COUNTY, PENNSYLVANIA V. Kathy Jo Brownawell DOCKET NO. 2012-2246 230 Dauphin Street Enola, PA 17025 CIVIL ACTION Marley S. Beck MORTGAGE FORECLOSURE 430 S. Enola Drive CZ, Enola,PA 17025 DEFENDANTS, P0 PRAECIPE FOR WRIT OF EXECUTION CD, (Mortgage Foreclosure) To the Prothonotary: )> Kindly issue a Writ of Execution in the above matter. Amount Due $ 68,655.28 Interest From 9/16/2012 to 6/4/2014 @ $14.34 per them $ 8,991.18 Total: $ 77,646.46 plus fees and costs Date��cember 13,2013 By: 4018--)o RicharA—M-5quire, Esq. I.D.# 04267) - It), oo JSF Kevin Diskin,Esq. (PA I.D.# 86727) q3.0c, Craig Oppenheimer, Esq. (PA I.D.# 313264) 1408.as 115 West Avenue, Suite 104 00 Jenkintown,PA 19046 tt:95 215-886-8790 C28.50 215-886-8791 (fax) 48-00 11 rsquire a( squirelaw.com Po kdiskin@sguirelaw.com - A-TTY coppenheimerksguirelaw.com Attorneys for Plaintiff 3cas P--* )qq&� 2E orit$&U C/ CMI-299F S:I/DM I z w � o oQ � E ti N cC > p � 3ooa cl QQU � N W � W O U °w° d Q" a� 00 r U u; W W U P-. Q u N v Richard M. Squire&Associates, LLC U By: Richard M. Squire, Esquire Kevin Diskin, Esquire Craig Oppenheimer, Esquire DEC 2 7 PHI 3`- ID. Nos. 04267/ 86727 / 313264 5,, { „ } % s I One Jenkintown Station, Suite 104 P E N IN c Y LVA N{A 115 West Avenue Jenkintown, PA 19046 (215) 886-8790 Fax (215) 886-8791 Attorneys for Plaintiff CitiMortgage, Inc. IN THE COURT OF COMMON PLEAS PLAINTIFF, CUMBERLAND, PENNSYLVANIA V. Kathy Jo Brownawell DOCKET NO: 2012-2246 230 Dauphin Street Enola, PA 17025 CIVIL ACTION Marley S. Beck MORTGAGE FORECLOSURE 430 S. Enola Drive Enola, PA 17025 DEFENDANTS. AFFIDAVIT PURSUANT TO RULE 3129.1 CitiMortgage,Inc.,Plaintiff in the above action,being authorized to do so, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real. property located at 230 W.Dauphin Street aka 230 Dauphin Street,Enola,PA 17025 Parcel No.09- 14-0832-201: 1. Name and last known address of Owner(s) or Reputed Owner(s): Kathy Jo Brownawell 230 W. Dauphin Street, Enola, PA 17025 andlor 1429 N. Front Street, Apt 3, Harrisburg, PA 17102-2632 and/or 20 Coral Drive, Carlisle, PA 17013 Marley S. Beck aka Marley S. Beck, Jr. 430 S. Enola Drive, Enola, PA 17025 and/or 230 W. Dauphin Street, Enola, PA 17025 2. Name and last known address of Defendant(s) in the judgment: Kathy Jo Brownawell 230 Dauphin Street Enola,PA 17025 Marley S. Beck aka Marley S. Beck, Jr. 430 S. Enola Drive Enola, PA 17025 FAClients\Citl MortgageVumper,Olen-299F\Writ package 10-28-13.wpd 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: CitiMortgage, Inc. successor by merger to Associates Consumer Discount Company, Inc.a/k/a Associates Consumer Credit Discount Company 1000 Technology Drive O'Fallon, MO 63368-2240 East Pennsboro Township Community and Municipal Center 98 S. Enola Drive Enola, PA 17025-2704 4. Name and address of last recorded holder of every mortgage of record: CitiMortgage, Inc. successor by merger to Associates Consumer Discount Company, Inc.a/k/a Associates Consumer Credit Discount Company 1000 Technology Drive O'Fallon, MO 63368-2240 CitiMortgage, Inc 1000 Technology Drive O'Fallon, MO 63368-2240 Associates Consumer Discount Company, Inc. a/k/a Associates Consumer Credit Discount Company 5080 C Jonestown Road Harrisburg, PA 17112-4906 Associates First Capital Corporation 4000 Regent Boulevard Irving, TX 75063-2246 Associates Financial Services Company, Inc. 250 East John Carpenter Freeway Irving, TX 75062 5. Name and address of every other person who has any record lien on the property: None other. 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: Domestic Relations 13 North Hanover Street P.O. Box 320 Carlisle, PA 17013-3014 FAClientsTiti Mortgage\JLimper,Olen-299F\Writ package 10-28-13.wpd Tax Claim Bureau One Courthouse Square, Room 106 Carlisle, PA 17013-3339 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Department of Public Welfare Attn : Legal Department Health & Welfare Building P. O. Box 2675 Harrisburg, PA 171.05-2675 Department of Public Welfare Bureau of Child Support Enforcement Health& Welfare Bldg., Room 432 Harrisburg, PA 17105-2675 Commonwealth of PA Department of Revenue Bureau of Individual Taxes P.O. Box 280601 Harrisburg, PA 17128-0601 Commonwealth of PA Department of Revenue Office of Chief Counsel Department 281061 Harrisburg, PA 17128-1601 Commonwealth of Pennsylvania Department of Revenue Inheritance Tax Division 11.31 Strawberry Square 6th Floor, Dept. 280601 Harrisburg, PA 17128 Internal Revenue Service Special Procedures Branch 1001 Liberty Avenue 13th Floor, Suite 1300 Pittsburgh, PA 15222 Department of Public Welfare Estate Recovery Program P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105-8486 FAClients\Citi Mortgage\Jumper,Olen-299F\Writ package 10-28-13.wpd 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: Tenant/Occupant 230 Dauphin Street Enola, PA 17025 Tenant/Occupant 230 W. Dauphin Street Enola, PA 17025-2209 Kathy Jo Brownawell 230 W. Dauphin Street Enola, PA 17025-2209 Kathy Jo Brownawell c/o John W. Frommer, III, Esquire Frommer, D/Amico, Anderson 2080 Lindlestown Road, Suite 103 Harrisburg, PA 171.10 Marley S. Beck, Jr. c/o George W. Gekas, Esquire 1104 Fernwood Avenue Camp Hill, PA 17011-6912 Marley S. Beck,Jr. c/o George W. Gekas, Esquire 5291 Devonshire Road Harrisburg, PA 17112 FAClients\Citi MortgageVumper,Olen-299F\Writ package 10-28-13.wpd M - 020? _ Kathy Jo Brownawell c/o John W. Frommer,III, Esquirel f a Smigel, Anderson& Sacks, LLP River Chase Office Center, Third Floor a 3: "3 4431 North Front Street Harrisburg, PA 17110 U P��1�1S,�L VANIA VERIFICATION 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. §4904 relating to unsworn falsification to authorities. Richard M. Squire& Associates, LLC By: Ric . Squire, Esquire Kevin P. Diskin, Esquire Craig Oppenheimer, Esquire 115 West Avenue, Suite 104 Jenkintown, PA 19046 (215) 886-8790 Attorneys for Plaintiff Date: December 13, 2013 FAClientsWiti MortgageVumper,Olen-299F\Writ package 10-28-13.wpd Richard M. Squire& Associates, LLC Attorneys for Plaintiff By: Richard M. Squire, Esquire i Kevin Diskin, Esquire ? Craig Oppenheimer, Esquire 2 u I.D. Nos. 04267/86727/313264 One Jenkintown Station, Suite 104 s E B E F-L A N" ,­111 - 115 West Avenues PtdSYL�� � I � Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 CitiMortgage, Inc. ` IN THE COURT OF COMMON PLEAS PLAINTIFF, :' CUMBERLAND COUNTY, PENNSYLVANIA V. Kathy Jo Brownawell ' DOCKET NO. 2012-2246 230 Dauphin Street Enola, PA 17025 CIVIL ACTION Marley S. Beck ` MORTGAGE FORECLOSURE 430 S. Enola Drive Enola, PA 17025 DEFENDANTS. CERTIFICATION Craig Oppenheimer, Esquire, hereby verifies that he is an attorney for the Plaintiff in the above captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) An FHA Mortgage ( ) Non-owner occupied ( ) Vacant (X) Act 91 Procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relatin unsworn falsification to authorities. Date: December 13, 2013 By: Richa�Mquire, Esq. (PA I.D.# 04267) Kevin Diskin, Esq. (PA I.D.# 86727) Craig Oppenheimer, Esq. (PA I.D.# 313264) 115 West Avenue, Suite 104 Jenkintown, PA 19046 215-886-8790 215-886-8791 (fax) rsquiregsquirelaw.com kdiskin a,squirelaw.com cpenheimer a,squirelaw.com Attorneys for Plaintiff Richard M. Squire&Associates, LLC Attorneys for Plaintiff By: Richard M. Squire, Esquire Kevin Diskin, Esquire Craig Oppenheimer, Esquire �y I.D.Nos. 04267/86727/313264 ' '1 i One Jenkintown Station, Suite 104 � [ # 115 West Avenue pIlfi'SYl`Vfi;IA Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 CitiMortgage, Inc. IN THE COURT OF COMMON PLEAS PLAINTIFF, CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 2012-2246 Kathy Jo Brownawell 230 Dauphin Street CIVIL ACTION Enola, PA 17025 i MORTGAGE FORECLOSURE Marley S. Beck 430 S. Enola Drive Enola, PA 17025 DEFENDANTS. VERIFICATION OF NON-MILITARY SERVICE Craig Oppenheimer, Esquire, hereby verifies that he is one of the attorneys for the Plaintiff in the above-captioned matter, and that on information and belief,he has knowledge of the following facts, to wit: (a)that the Defendants 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 2003,as amended. (b)that Defendants are over 18 years of age;Kathy Jo Brownawell resides at 230 W. Dauphin Street, Enola, PA 17025 andlor 1429 N. Front Street, Apt 3, Harrisburg, PA 17102-2632 andlor 20 Coral Drive, Carlisle, PA 17013 and Marley S. Beck resides at 230 W. Dauphin Street,Enola,PA 17025 andlor 430 S. Enola Drive, Enola, PA 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated :December 13, 2013 By: Richard tie,Esq. (PA I.D.# 04267) Kevin Diskin, Esq. (PA I.D.# 86727) Craig Oppenheimer, Esq. (PA I.D.# 313264) 115 West Avenue, Suite 104 Jenkintown, PA 19046 215-886-8790 215-886-8791 (fax) rsquire asquirelaw.com kdiskini2sguirelaw.com cppenheimer 2squirelaw.com RThentsTiti MortgageVumper,Olen-299F\Writ package 1 d-28-13.wpd Richard M. Squire&Associates, LLC Attorneys for Plaintiff By: Richard M. Squire, Esquire I - Kevin Diskin, Esquire Craig Oppenheimer, Esquire �,$ I.D. Nos. 04267/86727 /313264 One Jenkintown Station, Suite 104 ;g_161 3E RLA h t !. 115 West Avenue rt)N N S Jenkintown,PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 CitiMortgage, Inc. I IN THE COURT OF COMMON PLEAS PLAINTIFF, CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 2012-2246 Kathy Jo Brownawell 230 Dauphin Street ' CIVIL ACTION Enola, PA 17025 MORTGAGE FORECLOSURE Marley S. Beck 430 S. Enola Drive Enola, PA 17025 DEFENDANTS. AFFIDAVIT OF LAST KNOWN ADDRESSES I, Craig Oppenheimer, Esquire, being duly sworn according to law, hereby depose and say that I am one of the attorneys for Plaintiff in the above matter and that the last known address for the Defendants herein are as follows: Defendants: Kathy Jo Brownawell 230 W. Dauphin Street,Enola, PA 17025 andlor 1429 N. Front Street, Apt 3, Harrisburg, PA 17102-2632 andlor 20 Coral Drive, Carlisle,PA 17013 Marley S. Beck aka Marley S. Beck,Jr. 430 S. Enola Drive, Enola, PA 17025 andlor 230 W. Dauphin Street, Enola, PA 17025 Date: December 13,2013 By: Richard-M--Squire, Esq. (PA I.D.# 04267) _ Kevin Diskin,Esq. (PA I.D.# 86727) Craig Oppenheimer, Esq. (PA I.D.# 313264) 115 West Avenue, Suite 104 Jenkintown, PA 19046 215-886-8790 215-886-8791 (fax) rsquire2squirelaw.com kdiskin a squirelaw.com coppenheimer2squirelaw.com FAClieuts\Citi MortgageVumper,Olen-299F\Writ package 10-28-13.wpd CitiMortgage, Inc. IN THE COURT OF COMMON PLEAS PLAINTIFF, CUMBERLAND COUNTY,PENNSYLVANIA V. Kathy Jo Brownawell NO. 2012-2246 -� , 230 W. Dauphin Street ' Enola, PA 17025 CIVIL ACTION Marley S. Beck, Jr. MORTGAGE FORECLOSURF_, 430 S. Enola Drive Enola, PA 17025 DEFENDANTS. ORDER AND NOW, this � day of. [�V , 2013, upon consideration of Plaintiffs Petition to Set Aside Sheriff s Sale and Strike Recorded Sheriff's Deed, and upon consideration of any response thereto, and good cause showing; it is hereby ORDERED and DECREED that the June 5, 2013 sheriff's sale of 230 W.Dauphin street, Enola,PA 17025 (Writ of Execution No. 2012-2246) is hereby set aside; and it is FURTHER ORDERED and DECREED that the certain Deed Poll issued by Ronny R. Anderson,the Sheriff of Cumberland County in favor of CitiMortgage, Inc., dated July 3, 2013 and recorded July 23, 2013 in the Office of the Recorder of Deeds in and for Cumberland County as Instrument Number 201324168 is stricken ab initio; and it is FURTHER ORDERED and DECREED that Plaintiff may cause a copy or certified copy hereof to be recorded with the Cumberland County Recorder of Deeds. } BY THE URT. l J. Richard M. Squire& Associates, LLC By: Richard M. Squire, Esquire Kevin P. Diskin, Esquire Craig Oppenheimer, Esquire 2 7 I.D. Nos. 04267 /86727/313264 One Jenkintown Station, Suite 104 PENIIq y LVA IP' 115 West Avenue Jenkintown, PA 19046 (215) 886-8790 Fax (215) 886-8791 Attorneys for Plaintiff CitiMortgage, Inc. IN THE COURT OF COMMON PLEAS PLAINTIFF, CUMBERLAND, PENNSYLVANIA V. NO. 2012-2246 Kathy Jo Brownawell 230 Dauphin Street CIVIL ACTION Enola, PA 17025 •. MORTGAGE FORECLOSURE Marley S. Beck 430 S. Enola Drive Enola, PA 17025 DEFENDANTS. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Marley S. Beck aka Marley S. Beck, Jr. 430 S. Enola Drive, Enola, PA 17025 andlor 230 W. Dauphin Street, Enola, PA 17025 Your house (real estate) at 230 W. Dauphin Street aka 230 Dauphin Street, Enola, PA 17025 is scheduled to be sold at Cumberland County Sheriff Sale,on Wednesday,June 4,2014 at 10:00 A.M., at the Cumberland County Courthouse, I Courthouse Square, Carlisle, PA 17013 to enforce the court judgment of$68,655.28 plus interest to the sale date obtained by CitiMortgage, Inc. against you. 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 back to CitiMortgage,Inc.,the amount of the judgment plus costs or the back payments, late charges, costs and reasonable attorneys' fees due. To find out how much you must pay,you may call:Richard M.Squire,Esquire,Kevin P.Diskin, or Craig Oppenheimer, Esquire at (215) 886-8790. FAClients\Citi MortgageVurnper,Olen-299FtWrit package 10-28-13.wpd 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 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 below 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 the Cumberland Sheriff s Office at 717-240-6100. 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 frill amount due in the sale. To find out if this has happened you may call the Cumberland County Courthouse at 717-240-6100. 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 a 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 schedule of distribution of the money bid for your house will be filed by the Sheriff no later than 30 days after the Sheriff s Sale. This schedule will state who will be receiving the 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 date of filing of said schedule. 7. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. Cumberland County Bar Association 2 Liberty Avenue Carlisle,PA 17013 717-249-3166 and 800-990-9108 F_1C]ients\Citi Mortgage\hniper,01en-299F\Writ package 10-28-13.wpd LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land with buildings and improvements thereon erected situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the southern line of Dauphin Street at or opposite the center of the partition wall dividing properties known as No. 230 and 232 Dauphin Street,said point being two hundred twent-nine and three hundred eighty-nine one-thousands (299.389) feet east of the southeast corner of Brick Church Road and Dauphin Street; thence along the southern line of Dauphin Street, North 79 degrees 40 minutes East, forty-six (46) feet to a point; thence South 10 degrees 20 minutes East, one hundred seventeen and five hundred five one-thousands (117.505) feet to a point; thence South 79 degrees 40 minutes West, forty-six (46) feet to a point at or opposite the center of the partition wall dividing properties known as No. 230 and 232 Dauphin Street; thence North 10 degrees 20 minutes West through the center of the partition wall dividing properties known as No. 230 and 232 Dauphin Street and beyond one hundred seventeen and five hundred five one-thousandths (117.505) feet to a point, at the place of BEGINNING. HAVING thereon erected the eastern one-half of a two story dwelling known as No. 230 Dauphin Street, Enola, Pennsylvania. BEING Tax Parcel No. 09-14-0832-201 BEING the same premises that Tax Claim Bureau, County of Cumberland, PA as Trustee granted and conveyed unto Marley S. Beck,Jr. and Kathy Jo Brownawell by Deed dated January 11, 2002 and recorded January 16, 2002 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 250, Page 144. FAClients\Citi Mortgage\Jumper,Olen-299F\Writ package 10-28-13.wpd WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-2246 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE,INC., Plaintiff(s) From KATHY JO BROWNAWELL and MARLEY S.BECK (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 garnishees) 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: $68,655.28 L.L.: Interest from 9/16/12 to 6/4/14 @$14.34 per diem -- $8,991.18 Atty's Comm: Due Prothy: $2.25 Atty Paid:$1,506.47 Other Costs: Plaintiff Paid: Date: 12/27/13 David D.Bu 11, Prothono AR (Seal) Deputy REQUESTING PARTY: Name: CRAIG OPPENHEIMER,ESQUIRE Address: RICHARD M.SQUIRE&ASSOCIATES,LLC ONE JENKINTOWN STATION,SUITE 104 115 WEST AVENUE JENKINTOWN,PA 19046 Attorney for:PLAINTIFF Telephone:215-886-8790 Supreme Court ID No. 313264 Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire Kevin Diskin, Esquire Craig Oppenheimer, Esquire ID. Nos. 04267/ 86727/313264 ` r l One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 E 0 (215) 886-8790 Fax (215) 886-8791 '��SY[Arjl t � �, Attorneys for Plaintiff A CitiMortgage, Inc. IN THE COURT OF COMMON PLEAS PLAINTIFF, CUMBERLAND, PENNSYLVANIA V. Kathy Jo Brownawell DOCKET NO: 2012-2246 230 Dauphin Street Enola, PA 17025 CIVIL ACTION Marley S. Beck MORTGAGE FORECLOSURE 430 S. Enola Drive Enola, PA 17025 DEFENDANTS. AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 CitiMortgage, Inc., Plaintiff in the above action, being authorized to do so, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 230 W.Dauphin Street aka 230 Dauphin Street,Enola,PA 17025 Parcel No. 09- 14-0832-201: 1. Name and last known address of Owner(s) or Reputed Owner(s): Kathy Jo Brownawell 230 W. Dauphin Street, Enola, PA 17025 and/or 1429 N. Front Street, Apt 3, Harrisburg, PA 17102-2632 and/or 20 Coral Drive, Carlisle, PA 17013 Marley S. Beck aka Marley S. Beck, Jr. 430 S. Enola Drive, Enola, PA 17025 and/or 230 W. Dauphin Street, Enola, PA 17025 2. Name and last known address of Defendant(s) in the judgment: Kathy Jo Brownawell 230 Dauphin Street Enola, PA 17025 Marley S. Beck aka Marley S. Beck, Jr. 430 S. Enola Drive Enola, PA 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: CitiMortgage, Inc. successor by merger to Associates Consumer Discount Company, Inc.a/k/a Associates Consumer Credit Discount Company 1000 Technology Drive O'Fallon, MO 63368-2240 East Pennsboro Township Community and Municipal Center 98 S. Enola Drive Enola, PA 17025-2704 4. Name and address of last recorded holder of every mortgage of record: CitiMortgage, Inc. successor by merger to Associates Consumer Discount Company, Inc.a/k/a Associates Consumer Credit Discount Company 1000 Technology Drive O'Fallon, MO 63368-2240 CitiMortgage, Inc 1000 Technology Drive O'Fallon, MO 63368-2240 Associates Consumer Discount Company, Inc. a/k/a Associates Consumer Credit Discount Company 5080 C Jonestown Road Harrisburg, PA 17112-4906 Associates First Capital Corporation 4000 Regent Boulevard Irving, TX 75063-2246 Associates Financial Services Company, Inc. 250 East John Carpenter Freeway Irving, TX 75062 5. Name and address of every other person who has any record lien on the property: None other. 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: Domestic Relations 13 North Hanover Street P.O. Box 320 Carlisle, PA 17013-3014 Tax Claim Bureau One Courthouse Square, Room 106 Carlisle, PA 17013-3339 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Department of Public Welfare Attn : Legal Department Health & Welfare Building P. O. Box 2675 Harrisburg, PA 17105-2675 Department of Public Welfare Bureau of Child Support Enforcement Health & Welfare Bldg., Room 432 Harrisburg, PA 17105-2675 Commonwealth of PA Department of Revenue Bureau of Individual Taxes P.O. Box 280601 Harrisburg, PA 17128-0601 Commonwealth of PA Department of Revenue Office of Chief Counsel Department 281061 Harrisburg, PA 17128-1601 Commonwealth of Pennsylvania Department of Revenue Inheritance Tax Division 1131 Strawberry Square 6th Floor, Dept. 280601 Harrisburg, PA 17128 Internal Revenue Service Special Procedures Branch 1001 Liberty Avenue 13th Floor, Suite 1300 Pittsburgh, PA 15222 Department of Public Welfare Estate Recovery Program P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105-8486 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: Tenant/Occupant 230 Dauphin Street Enola, PA 17025 Tenant/Occupant 230 W. Dauphin Street Enola, PA 17025-2209 Kathy Jo Brownawell 230 W. Dauphin Street Enola, PA 17025-2209 Kathy Jo Brownawell c/o John W. Frommer, III, Esquire Frommer, D/Amico, Anderson 2080 Lindlestown Road, Suite 103 Harrisburg, PA 17110 Marley S. Beck, Jr. c/o George W. Gekas, Esquire 1104 Fernwood Avenue Camp Hill, PA 17011-6912 Marley S. Beck, Jr. c/o George W. Gekas, Esquire 5291 Devonshire Road Harrisburg, PA 17112 Kathy Jo Brownawell c/o John W. Frommer, III, Esquire Smigel, Anderson& Sacks, LLP River Chase Office Center, Third Floor 4431 North Front Street Harrisburg, PA 17110 Midland Funding, LLC 8875 Aero Drive, Ste 200 San Diego, CA 92123 VERIFICATION 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. §4904 relating to unsworn falsification to authorities. Richard M. Squire & Associates, LLC By: Richard- . Squire, Esquire Kevin P. Diskin, Esquire Craig Oppenheimer, Esquire 115 West Avenue, Suite 104 Jenkintown, PA 19046 (215) 886-8790 Attorneys for Plaintiff Date: January 24, 2014 Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire Kevin P. Diskin, Esquire Craig Oppenheimer, Esquire Id. Nos. 04267 / 86727 / 313264 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff r 0 Tic 2C14 APR 1 Ail 10: CUM2ERLIVD rr PENNSY INA 1 A CitiMortgage, Inc. IN THE COURT OF COMMON PLEAS PLAINTIFF, CUMBERLAND COUNTY, PENNSYLVANIA v. Kathy Jo Brownawell DOCKET NO. 2012-2246 230 Dauphin Street Enola, PA 17025 CIVIL ACTION Marley S. Beck MORTGAGE FORECLOSURE 430 S. Enola Drive Enola, PA 17025 DEFENDANTS. PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw our appearance on behalf of the Plaintiff, CitiMortgage, Inc., in the above-captioned matter. Dated: April 11, 2014 RICHARD M. SQU 0E & ASSO S, LC BY: *c Squire, Esquire Kevin P. Diskin, Esquire /Craig Oppenheimer, Esquire Attorney for Plaintiff MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 E. Stow Road Marlton, NJ 08053 (856) 482-1400 File Number: 88.33586 2014 APR 0 IUIIU:314 CUMBERLAND COUNTY PENNSYLVANIA Attorney for Plaintiff CitiMortgage, Inc., Plaintiff, Vs. Kathy Jo Brownawell And Marley S. Beck, Defendant(s). COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 2012-2246 Entry of Appearance ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Plaintiff, CitiMortgage, Inc., in the above captioned matter. E D & ASSOC ATE Robe W. illiams, Esquire Attorney ID No. 315501 Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire Kevin Diskin, Esquire Craig Oppenheimer, Esquire I.D. Nos. 04267 /86727 / 313264 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff CitiMortgage, Inc. V. Kathy Jo Brownawell 230 Dauphin Street Eno la, PA 17025 Marley S. Beck 430 S. Eno la Drive Eno la, PA 17025 PLAINTIFF, DEFENDANTS. - — L ; 1 s r— r rad, 7.314 PR 17 Ail 10: 3i4 ClniBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION TERM NO. 2012-2246 MORTGAGE FORECLOSURE CERTIFICATION OF SERVICE I, Craig Oppenheimer, Esquire being counsel for Plaintiff, in the above-captioned matter, do hereby certify that , I caused a true and correct copy of Withdrawal of Appearance/Entry of Appearance to be served on the following individuals, by first-class mail, postage pre-paid: Kathy Jo Brownawell 230 W. Dauphin Street, Enola, PA 17025 1429 N. Front Street, Apt 3, Harrisburg, PA 17102-2632 20 Coral Drive, Carlisle, PA 17013 Marley S. Beck aka Marley S. Beck, Jr. 430 S. Eno la Drive, Eno la, PA 17025 230 W. Dauphin Street, Eno la, PA 17025 Marley S. Beck, Jr. c/o George W. Gekas, Esquire 5291 Devonshire Road Harrisburg, PA 17112 Kathy Jo Brownawell c/o John W. Frommer, Ill, Esquire Smigel, Anderson & Sacks, LLP River Chase Office Center, Third Floor 4431 North Front Street Harrisburg, PA 17110 Sheriff of Cumberland County 1 Courthouse Square, #303 Carlisle, PA 17013 By: Richar . Squire, Esquire Kevin Diskin, Esquire •Craig Oppenheimer, Esquire Attorneys for Plaintiff, Date: April 11, 2014 LJ o� f r i LT - 1 : MILSTEAD & ASSOCIATES, LLC ' E. HAD T 11 NO ti r; BY: Robert W. Williams, Esquiretillll juN pm : 27 ID No. 315501 1 E. Stow Road CUMBERLAND COUNTY Marlton, NJ 08053 PENNSYLVANIA (856) 482-1400 Attorney for Plaintiff File: 88.33586 CitiMortgage, Inc., COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. No.: 2012-2246 Kathy Jo Brownawell and Pa. R.C.P. 3129.3 (b)(2)(i)(A) Notice of Marley S. Beck a/k/a Marley S. Beck, Jr., Continued Sheriff's Sale Defendants Notice of Continued Sheriff's Sale The Sheriff's Sale scheduled for June 4, 2014, at 10:00 A.M. in the above -captioned matter has been continued until August 6, 2014, at 1 Dated: Roberty. Williams, Esq. Attorney ID No. 315501 Milstead & Associates, LLC MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 E. Stow Road Marlton, NJ 08053 (856) 482-1400 Attorney for Plaintiff CitiMortgage, Inc., Plaintiff, Vs. Kathy Jo Brownawell and Marley S. Beck, Defendants rROTHON'O T; 2�i14 JUN 13 41110: 4 CUMBERLAND COUNTY PENNSYLVANIA File No. 88.33586 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 2012-2246 MOTION FOR ALTERNATIVE SERVICE PURSUANT TO PENNSYLVANIA R.C.P. 430 TO THE HONORABLE JUDGE OF SAID COURT: AND NOW, comes Plaintiff, by its attorney Robert W. Williams, Esquire, and moves this Honorable Court for an Order permitting Alternative Service upon the Defendant, Kathy Jo Brownawell, by posting and tacking a copy of the Notice of Sale upon the property known as 230 W Dauphin St, Enola, PA 17025 ("Premises") and by regular and certified mail to the Premises and all known addresses for the Defendant pursuant to Pennsylvania Rule of Civil Procedure 430 and avers in support thereof: 1. Plaintiff filed suit against the Defendant in Mortgage Foreclosure. 2. Plaintiff is the mortgagee. 3. Subsequent to the entry of judgment in favor of the Plaintiff, a writ of execution was issued and the Property was scheduled for sheriffs sale. 4. Plaintiff has made attempts to effectuate service of the Notice of Sheriffs Sale upon Defendant pursuant to Pa.R.C.P. 3129.2(c)(1)(i). 5. Plaintiff has made attempts to effectuate service of the Notice of Sale upon Defendant, Kathy Jo Brownawell. Service was attempted on the Defendant at property address of 230 W Dauphin St, Enola, PA 17025. A copy of the Service Return is attached herewith and made a part hereof as Exhibit "A". 6. Plaintiff has made attempts to effectuate service of the Notice of Sale upon Defendant, Kathy Jo Brownawell: Service was attempted on the Defendant at 1429 N. Front Street, Apartment 3; Harrisburg, PA 17102. A copy of the Service Return is attached herewith and made a part hereof as Exhibit "B". 7. Plaintiff has made attempts to effectuate service of the Notice of Sale upon Defendant, Kathy Jo Brownawell. Service was attempted on the Defendant at 20 Coral Drive, Carlisle, PA 17013. A copy of the Service Return is attached herewith and made a part hereof as Exhibit "C". 8. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant. A copy of the Affidavit of Reasonable Investigation is attached hereto as Exhibit "D" and made a part hereof. Said investigation provides no additional address information for the Defendant. 9. Plaintiff has attempted to ascertain the present address of the Defendant, but has been unable to do so. 10. Pennsylvania Rule of Civil Procedure 430 permits service of process in Mortgage Foreclosure Actions by regular and certified mail to all known addresses for the Defendant and by posting at the mortgaged property. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order permitting service upon said Defendant, Kathy Jo Brownawell,'by posting and tacking a copy of the Notice of Sale on the mortgaged premises known as 230 W Dauphin St, Enola, PA 17025 (the "Premises") and by regular and certified mail to the Premises and 1429 N. Front Street, Apartment 3, Harrisburg, PA 17102 and 20 Coral Drive, Carlisle, PA 17013. Respectfully submitted, MILSTEAD & ASSOCIATES, LLC Robert . Williams, Esquire Attorney ID No.: 315501 MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 E. Stow Road Marlton, NJ 08053 (856) 482-1400 Attorney for Plaintiff File No. 88.33586 CitiMortgage, Inc., COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY Vs. Kathy Jo Brownawell and Marley S. Beck, Defendants No.: 2012-2246 AFFIDAVIT IN SUPPORT OF MOTION FOR ALTERNATIVE SERVICE STATE OF NEW JERSEY • SS COUNTY OF CAMDEN I, Robert W. Williams, Esquire, being duly sworn according to law, hereby depose and say that the facts set forth below are true and correct to the best of my knowledge, information and belief. 1. Plaintiff filed suit against the Defendant in Mortgage Foreclosure. 2. Plaintiff is the mortgagee. 3. Subsequent to the entry of judgment in favor of the Plaintiff, a writ of execution was issued and the Property was scheduled for sheriffs sale. 4. Plaintiff has made attempts to effectuate service of the Notice of Sheriffs Sale upon Defendant pursuant to Pa.R.C.P. 3129.2(c)(1)(i). 5. Plaintiff has made attempts to effectuate service of the Notice of Sale upon Defendant, Kathy Jo Brownawell. Service was attempted on the Defendant at property address of 230 W Dauphin St, Enola, PA 17025. A copy of the Service Return is attached herewith and made a part hereof as Exhibit "A". 6. Plaintiff has made attempts to effectuate service of the Notice of Sale upon Defendant, Kathy Jo Brownawell. Service was attempted on the Defendant at 1429 N. Front Street, Apartment 3, Harrisburg, PA 17102. A copy of the Service Return is attached herewith and made a part hereof as Exhibit "B". 7. Plaintiff has made attempts to effectuate service of the Notice of Sale upon Defendant, Kathy Jo Brownawell. Service was attempted on the Defendant at 20 Coral Drive, Carlisle, PA 17013. A copy of the Service Return is attached herewith and made a part hereof as Exhibit "C". 8. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant. A copy of the Affidavit of Reasonable Investigation is attached hereto as Exhibit "D" and made a part hereof Said investigation provides no additional address information for the Defendant. 9. Plaintiff has attempted to ascertain the present address of the Defendant, but has been unable to do so. 10. Pennsylvania Rule of Civil Procedure 430 permits service of process in Mortgage Foreclosure Actions by regular and certified mail to all known addresses for the Defendant and by posting at the mortgaged property. 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. § 4904 relating to unsworn falsification to authorities. Mi ead & Associates, LLC Robert W. Williams, Esquire Attorney ID No.: 315501 MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 E. Stow Road Marlton, NJ 08053 (856) 482-1400 Attorney for Plaintiff File No. 88.33586 CitiMortgage, Inc., COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY Vs. Kathy Jo Brownawell and Marley S. Beck, No.: 2012-2246 Defendants MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR ALTERNATIVE SERVICE I. INTRODUCTION This matter comes before the Court upon the Motion of Plaintiff, for an order permitting substituted service pursuant to Pa.R.C.P. 430(a) upon the Defendant, Kathy Jo Brownawell (the "Defendant") in this mortgage foreclosure action. II. FACTS Plaintiff filed suit against the Defendant in Mortgage Foreclosure. Plaintiff is the mortgagee. Subsequent to the entry of judgment in favor of the Plaintiff, a writ of execution was issued and the Property was scheduled for sheriff's sale. Plaintiff has made attempts to effectuate service of the Notice of Sheriff's Sale upon Defendant pursuant to Pa.R.C.P. 3129.2(c)(1)(i). Plaintiff has made attempts to effectuate service of the Notice of Sale upon Defendant, Kathy Jo Brownawell. Service was attempted on the Defendant at property address of 230 W Dauphin St, Enola, PA 17025. A copy of the Sheriff's Return is attached herewith and made a part hereof as Exhibit "A". Plaintiff has made attempts to effectuate service of the Notice of Sale upon Defendant, Kathy Jo Brownawell. Service was attempted on the Defendant at 1429 N. Front Street, Apartment 3, Harrisburg, PA 17102. A copy of the Sheriffs Return is attached herewith and made a part hereof as Exhibit "B". Plaintiff has made attempts to effectuate service of the Notice of Sale upon Defendant, Kathy Jo Brownawell. Service was attempted on the Defendant at 20 Coral Drive, Carlisle, PA 17013. A copy of the Sheriff's Return is attached herewith and made a part hereof as Exhibit Plaintiff has made attempts to obtain an alternate address upon the Defendant. A postal request was sent to the Post Office. The postal return came back as . A copy of the postal return is attached hereto as Exhibit "D". Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant. A copy of the Affidavit of Reasonable Investigation is attached hereto as Exhibit "E" and made a part hereof. Said investigation provides no additional address information for the Defendant. Plaintiff has attempted to ascertain the present address of the Defendant, but has been unable to do so. Pennsylvania Rule of Civil, Procedure 430 permits service of process in Mortgage Foreclosure Actions by regular and certified mail to all known addresses for the Defendant and by posting at the mortgaged property. III. LEGAL ARGUMENT According to Pa.R.C.P. 430(a), a plaintiff may petition the court to provide an alternative method of service if the plaintiff cannot effectuate service upon the Defendant. The rule requires the affidavit presented in support of the motion for alternative service to state "the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made." Pa.R.C.P. 430(a). The purpose of this procedure is to provide proof that a good faith effort has been made to effect service under normal methods. Rule 430 provides in pertinent part: If service cannot be made under the applicable rule the plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. Pa.R.C.P. 430(a). It is well settled that, pursuant to Pa.R.C.P. 430(a), a method of substituted service which is reasonably calculated to give actual notice depending upon "what is reasonable under the circumstances, considering the interest at stake and the burden of providing notice" is acceptable. Romeo v. Looks, 369 Pa. Super. 608, 616 (1987). The instant matter is a mortgage foreclosure action. Clearly, service upon the Defendant at the property subject to the action is reasonably calculated to provide notice to the Defendant in light of the efforts already made by the Plaintiff to effectuate personal service. Plaintiff has attached an affidavit to its Motion which sets forth the nature and extent of the investigation which has been made to determine the whereabouts of the Defendants. The Motion and the affidavit illustrate that Plaintiff has made a good faith effort to effectuate service under normal methods. Substituted service in this instant is appropriate under Pa.R.Civ.P. 430(a). IV: CONCLUSION For the foregoing reasons, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Notice of Sale by certified and regular mail to the mortgage premises and 1429 N. Front Street, Apartment 3, Harrisburg, PA 17102 and 20 Coral Drive, Carlisle, PA 17013 and by posting the mortgaged premises. Ro.ert W. Williams, Esquire Attorney ID No.: 315501 MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 E. Stow Road Marlton, NJ 08053 (856) 482-1400 Attorney for Plaintiff File No. 88.33586 CitiMortgage, Inc., Plaintiff, Vs. Kathy Jo Brownawell and Marley S. Beck, Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 2012-2246 CERTIFICATE OF SERVICE I, Cindy Price, hereby certify that a copy of the foregoing Motion for Alternative Service was served on the following person by first class mail, postage prepaid, on the Irk -VI Irk-VIday of 0,.+ , 2014. Kathy Jo Brownawell 230 W Dauphin St Enola, PA 17025 Kathy Jo Brownawell 1429 N. Front Street, Apartment 3 Harrisburg, PA 17102 Kathy Jo Brownawell 20 Coral Drive Carlisle, PA 17013 Cindy Pnce Paralegal EXHIBIT "A" B&R 8ormro4i for Proftaalonila (co, 235 SOUTH 13TH STREET PHILADELPHIA, PA 19107 PHONE: (215) 548.7400 FAX,. (215) 985.0189 CltlMortgage, Inc. Kathy Jo Brownawetl and Marley S. Beck COURT HatbnalAtspaallonti PANdoMta*wham Prolext.tonall7oce€f &mets ofPm!octbnafProcottSwots Court of Common Pleas of Pennsylvania COUNTY ' Cumberland County CASE NUMBER 2012.2246 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: B&R Control ry 09112082 -1 COUNTY OF PHILADELPHIA: Reference Number 88.33586 SERVICE INFORMATION On 1 day of May, 2014, we received the Notice of Sheriff Sale - for service upon Kathy Jo Brownawoll al 230W. Dauphin Street Enola, PA 17028 a'a Special Instructions' as n Served Date Time Accepted By: In the manner described below. ri Personally served. ❑ Adult family member. Relationship Is Adult in charge of residence who refused to give name and/or relationship. Manager/Clerk of place of residence lodging Agent or person in charge of office or usual place of business Other U Li Description of Person Age Height ' Weight Race , Sex Other Not Served Date D r/oa tri Time t Not Served Information ❑ Moved [❑ Unknown ❑ No Answer tg Vacant ❑ Other The Process Server, being duly sworn, deposes and says that lite facts set forth herein are true and correct to the best of the knowledge, Information and belief. Process Server/She-rift—) Law Firm Phone (856)462-1400 James Scaiide Mislead and Associates 1 East Stow Road Marlton, NJ 06063 For MMBNIVEAL'f116F PENNSYLVANIA—Sworn to end subscribed before me this Notarial Seal John F. Shinkowsky, Notary Public Lower Paxton Twp., Dauphin County My Commission Expires Sept. 28 2014 mbeL Penn 44' r6 day of vs ala Assodatlon Or Notaries 441( Notary P/+blio ServeBy Date 613/2014 Filed Date Sale Date 6/412014 ORIGINAL_ 121V0 EXHIBIT "B" Boxvloos for Profession s4 Inc. 236 SOUTH 13TH STREET PHILADELPHIA, PA 18107 PHONE; (215) 548.7400 FAX: (215) 805.0169 ClliMortgage, Inc. -VS. Kathy Jo Brownawell and Marley S. Beck COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA: COURT COUNTY CASE NUMBER AFFIDAVIT OP SERVICE Nalonol Assortruon of Pl1Gdehhra Assoei"eon PicJass.OrwfPlats* &AM ofProlescbneIProcess Se,v ss Cour( of Common Pleas of Pennsylvania Cumberland County 2012-2240 B&R Control # CS112682 - 2 Reference Number 08.33586 SERVICE INFORMATION On 1 day of May, 2014 we received the Notice of Sheriff Sale for service upon Kathy Jo Brownawell at 1429 N. Front Street,. Apt. 3 Harrisburg, PA 17102 "" Special Instructions *" Q Served Date Time In the manner described below. Li Personally served. t.i Adult family member. Relationship Is Accepted By: r Adult In charge of residence who refused to give name and/or relationship. 1 Manager/Clerk of place of residence lodging Li Agent or person in charge of office or usual place of business L Other Description of Person Age Height Weight Race , . Sex Other Not Served Date d:1�).�al rf Time /0 '0411 Not Served Information ,y tOt� Moved El Unknown t CUYVpoi+ 4'4cir ❑ NoAnswer LI Vacant ❑l Other % Aloe J//e Y e r i der / f +a s C f R c St.c c l/ Grieve d k l e The Process Server, being duly sworn, deposes and says that the facts set forth herein are True and correct to the best of their knowledge, Information and bellef. Process Server/Sheriff— Law Firm Phone {850)482-1400 James Scande Mftstead and Associates 1 East Stow Road Marlton, NJ 08083 For CO EALTH OF PENNSYLVANIA - Notarial Seal John F. Shinkowsky, Notary Public Lower Paxton'iwp., Dauphin County My Commission Expires Sept. 28, 2014 Member, Pennsvivanla A<<.oclatton of Notaries ---7 (LI worn to and subscribed before me this ., day of Notary ServeBy Date 5/3/2014 Filed Date Sale Date 0/4/2014 ORIGINAL t21VC EXHIBIT "C" 235 SOUTH 13TH STREET PHILADELPHIA, PA 10107 PHONE: (215) 646-7400 FAX (215) 985.0169 CltiMortgage, Inc. 'vs• Kathy Jo Brownawell and Marley S. Beck COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA: COURT rrelbnalA sooaarsn of Phisdeprreiluoreea, ProforFistul pitzega Servers oIProlersbnalProvsaServea Court of Common Pleas of Pennsylvania COUNTY Cumberland County CASE NUMBER 2012-2248 AFFIDAVIT OF SERVICE B&R Control # C8112882.3 Referenoe Number 08.33586 SERVICE INFORMATION On 1 day of May, 2014,we received the Notice of Sheriff Sale for service upon Kathy Jo Brownawell at 20 Coral Drive Carlisle, PA 17013 "' Speolal Instructions "" ❑ Served Date Time Accepted By: In the manner described below. [ ' Personally served. L_ Adult family member. Relationship Is ri Adult In charge of residence who refused to give name and/or relationship. 0 Manager/Clerk of place of residence lodging [i Agent or person In charge of office or usual place of business (1 Other • Description of Person Age Other Fzi Not Served Date ©- STI Not Served Information ❑ Moved ❑ Unknown Height ••_ Weight Race Sex Tke Curs -on -I- whc' (-c ykSie FGSs`dtn4, 1'71' to fTZTt, ?L C 5 J «f�ol���'es ac! ! / r,•t'c' o f ❑ No Answer E] Vacant E4 Other 1 -hr P vdvri(r I 7rc ft The Process Server, being duly sworn, deposes and says That the facts set forth herein are true end correct to the best of their knowledge, Information and belief. Process Server/Sherltf- COMMONWEALTH Oh PENNSYLVANIA t4atatlatwir John F. Shinkowsky, Notary Public Lower Paxton Twp., Dauphin County My Commission Expires Sept. 28, 2014 PennsIvenla nsvxiation of Notaries Law Firm Phone (858)482.1400 For James Sulfide Mislead and Associates 1 East Stow Road Marlton, NJ 08053 Sworn to and subscribed before mo this ServoSy Date 8/3/2014 Filed Date Sate Date 6/4/2014 ORIGINAL 121 VC EXHIBIT "D" RMT SERVICES LLC "You Seek and We Find" Number: 88.33586 Plaintiff: CitiMortgage, Inc, County: Cumberland Date: May 20, 2014 Vs. Defendant: Kathy Jo Brownawell Person to Locate: Kathy Jo Brownawell XXX-XX-XXXX Alh'1+`I,DAVIT OF GOOD FAITH INQUIRY LAST KNOWN ADDRESS 1) 230 West Dauphin Street, Enola, PA 17025 2) 1429 North Front Street, Apt. 3, Harrisburg, PA 17102 3) 20 Coral Drive, Carlisle, PA 17013 SEARCH OF LOCAL TAX AUTHORITY Inquiry with local tax office was inconclusive due to the lack of records available for Cumberland County. INQUIRY OF 1HE CREDIT BUREAU Inquiry with credit bureau, confuuis the most current mailing address for Kathy Brownawell as address #3 listed above. Please see document attached. SEARCH OF LOCAL PHONE DIRECTORY AND OPERATOR INQUIRY The telephone company operator has address #1 above listed to Marley S. Beck Jr., but a phone number is unavailable. The local phone directory has (717) 218-7525 listed to Kathy J. Brownawell at address #3 listed above, (717) 386-8379, (717) 350-4674, (717) 614-9667, & (717) 728-4231 are four phone numbers used from the credit bureau listings. VERBAL TELEPHONE INOUIRIES/CONTACTS: (717) 218-7525: 5-20-14 at 6:30 p.m. continued to ring (717) 386-8379: 5-21-14 at 10:40 a.m. number or code dialed is incorrect (717) 350-4674: 5-21-14 at 10:42 a.m. automated voice message system (717) 614-9667: 5-21-14 at 10:43 am. automated voice message system (717) 728-4231: 5-21-14 at 10:46 a.m. no longer in service Neighbors closest to 20 Coral Drive. 12 Coral Drive: 5-21-14 at 10:47 a_m, answering machine 16 Coral Drive: 5-2,1-14 at 10:48 a.m. answering machine 17 Coral Drive: 5-21-14 at 10:49 a.m. answering machine CEPATyY UNDER PENALTY OF PFIUURY, THAT THE FOREGOING IS TRUE ��CORRI?•r. BFST OF ��. I UNDERJ`I'AND FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES RELATING TO UNSWORN AFF SSN & DOB Name & AddressTelephone Date Reported il 00-XX-XXXv 12/0711968 ` ff KATHY BROWNAWELL 20 CORAL DR CARLISLE, PA 17013 (717) 386-8379: 05/05/2014 KATHY BROWNAWELL 20 CORAL DR CARLISLE, PA 17013 11/14/2013 0-XX-XXXX 12!07/1968 KATHY J BROWNAWELL 20 CORAL DR CARLISLE, PA 17013 09/09/2013 KATHY BROWNAWELL 20 CORAL DR CARLISLE, PA 17013 (717) 350-4674 07/30/2013 KATHY BROWNAWELL 20 CORAL DR CARLISLE, PA 17013 (717) 614-9667 07/08/2013 KATHY BROWNAWELL 20 CORAL DR CARLISLE, PA 17013 (717) 218-7525 06127/2013 00-XX-XXXX KATHY BROWNAWELL 20 CORAL DR CARLISLE, PA 17013-9401 06/17/2013 ' 00.XX-XXXX" 12/07/1968: KATHY BROWNAWELL 20 CORAL DR CARLISLE, PA 17013 (717) 386-8379' 06/17/2013 KATHY BROWNAWELL 230 W DAUPHIN ST ENOLA, PA 17025 11/25/2012 I 700-XX-X00X. KATHY BROWNAWELL 230 W DAUPHIN ST ENOLA, PA 17025 07/25/2012 00-XX-XXXX KATHY BROWNAWELL ; (717) 728-4231: 05/31/2012 ; 230 W DAUPHIN ST ENOLA, PA 17025 00 XX -00X0 12/07/1968 KATHY BROWNAWELL 230 W DAUPHIN ST ENOLA, PA 17025 03/15/2012 1 12/07/1968 ' KATHY BROWNAWELL 230 W DAUPHIN ST ENOLA, PA 17025 (717) 728-4231 02/29/2012 00 -XX XXXX KATHY BROWNAWELL 20 CORAL DR (717) 350-4674 CARLISLE, PA 17013-9401 06/06/2011 KATHY J BROWNAWELL i 20 CORAL DR 1200-XX-XXX)C CARLISLE, PA 17013 j (717) 350-4674, 05/31/2011 50040 XXXX KATHY BROWNA•WELL 230 W DAUPHIN ST ENOLA, PA 17025 03/29/2011 200-X0 00(0 KATHY BROWNAWELL 20 CORAL DR CARLISLE, PA 17013 I 0329/2011 00Xfix 121077//1968 ! KATHY BROWNAWELL , 20 CORAL DR CARLISLE, PA 17013 03/29/2011 (200 -XX -)000 KATHY J BROWNAWELL 20 CORAL OR CARLISLE, PA 17013 02/26/2011 00-0X-XXXX 12/07/1968 i KATHY J BROWNAWELL 20 CORAL DR CARLISLE, PA 17013 02126!2011 00-XX-XXXX 12/07/1968 I KATHY J BROWNAWELL 20 CORAL DR CARLISLE, PA 17013 02/05/2011 r.J 00-XX-xxx, 1200-XX-XXX)l 12/07/1968 KATHY JO BROWNAWELL 230 W DAUPHIN ST ENOLA, PA 17025 KATHY .i BROWNAWELL 230 DAUPHIN ST ENOLA, PA 17025 KATHY J BROWNAWELL 0 xx_),(xxi 230 DAUPHIN ST ENOLA, PA 17025 KATHY J BROWNAWELL 1200-XX_xx),0( 230 W DAUPHIN STREET 12/07/1968 00-XX-XXXX! 12/07/1968 .1200-XX-xxxX (717) 728-4231, 01/14/2010 (717) 728-4231 ENOLA, PA 17025 (717) 728-4231 KATHY J BROWNAWELL • 230 DAUPHIN ST ENOLA, PA 17025 (717) 728-4231 KATHY J BROWNAWELL 230 DAUPHIN ST ENOLA, PA 17025 KATHY BROWNAWELL 20040(400o( 230 DAUPHIN ST (717) 728-4231, 12/07/1968 ENOLA, PA 17025 0 -XX -)000 2/07/1968 ENOLA, PA 17025 KATHY J BROWNAWELL 230 DAUPHIN ST ..... KATHY J BROWNAWELL 00-XX-XXXX: 230 DAUPHIN ST 12/07/1968 ENOLA, PA 17025 06/09/2009 06/09/2009 06/04/2009 10/24/2008 10/24/2008 06/15/2008 06/11/2008 KATHY JO BROWNAWELL 80_4(x_ 230 W DAUPHIN ST 12/07/1968 ENOLA, PA 17025 06/11/2008 (717) 728-42311 05/11/2008 -1200XXXXXXI KATHY JO BROWNAWELL (717) 728_4231:: 05/11/2008 :L12/07/1968 230 vy DAUPHIN ST ENOLA, PA 17025 00-XX-XXXX 2107J1968 KATHY J BROWNAWELL 230 ENOLA, PA 17025 {717) 728-4231: 10/24/2006 00_xx_X� 12/07/1968 KATHY J BROWNAWELL- 230 DAUPHIN ST ENOLA, PA 17025 (717) 728-42 =-. 10/16/2006 40_XX-X 12/07/1968 KATHY J BROWNAWELL 230 DAUPHIN ST ENOLA, PA 17025 07/02/2006 k00-XX-XXXX• i KATHY BROWNAWELL 230 W DAUPHIN ST ENOLA, PA 17025 (717) 728-4231 06/09/2006 00-XX-XXXX KATHY BROWNAWELL 230 DAUPHIN ST ( ENOLA, PA 17025 (717) 728-4231: 06/09/2006 00-XX-XXXX KATHY BROWNAWELL • 230 W DAUPHIN ST ENOLA, PA 17025-2209 04/19/2006 40_xx_XXXX' r12/07!1968 ; { KATHY BROWNAWELL 230 DAUPHIN ENOLA, PA 17025 ---- _. __._.. _ _,..-, 04/19/2006 •-----... L..' 00__X�� � KATHY BROWNAWE N. LL 230 W DAUPHIN ST ENOLA, PA 17025-2209 (717) 728-4231- _..__........_. 12/21/2004 200_XX_XXXX KATHY BROWNAWELL 230 W DAUPHIN ST ENOLA, PA 17025-2209 Michael J. Milstead, Esq. Richard M. Milstead, Esq. Nelson Diaz, Esq. PA & NJ Mary L. Harbert -Bell, Esq. PA & NJ Patrick J. Wesner, Esq. PA & NJ Mark E. Herrera, Esq. PA & NJ David H. Lipow, Esq. PA & NJ Andrew M. Lubin, Esq. PA & NJ Robert W. Williams, Esq. PA, NJ & MD James Rolle, Jr., Esq. NJ Lisa Ann Thomas Sr. Foreclosure Administrator June 4, 2014 MILSTEAD & ASSOCIATES, LLC Attorneys at Law 1 E. Stow Road Marlton, New Jersey 08053 TEL (856) 482-1400 FAX (856) 482-9190 www.milsteadlaw.corn Office of the Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: CitiMortgage, Inc. vs. Kathy Jo Brownawell, et al. Cumberland County; C.C.P.; Number 2012-2246 Dear Sir or Madam: Pennsylvania Location: 7 N. Columbus Boulevard #200 Philadelphia, PA 19106-1422 Phone: (215) 717-0043 Fax: (215) 717-0044 Our File No. 88.33586 Enclosed please find the original and one copy of Motion for Alternative Service Pursuant to Pa.R.C.P. 430 in regard to the above -captioned matter. Kindly file the original Motion of record and return a time -stamped copy to our attention in the stamped, self-addressed envelope provided. PLEASE SUBMIT THIS MOTION TO THE APPROPRIATE JUDGE FOR CONSIDERATION. If you are in need of any further information, please contact me. Thank you for your courtesy and cooperation in this matter. Very truly ours Cin Paralegal MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 E. Stow Road Marlton, NJ 08053. (856) 482-1400 Attorney for Plaintiff File No. 88.33586 CitiMortgage, Inc., COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY Vs. Kathy Jo Brownawell and Marley S. Beck, Defendants No.: 2012-2246 ORDER GRANTING ALTERNATIVE SERVICE PURSUANT TO PENNSYLVANIA R.C.P. 430 This matter being opened to the Court by Plaintiff, by and through its attorney, Robert W. Williams, Esquire, upon a Motion for Order Granting Alternative Service, pursuant to Pennsylvania R.C.P. 430, and the Court having reviewed and considered the pleading submitted in connection with this matter and good cause shown: IT IS on this 0. day of (77 - , 2014, ORDERED that the Motion for Alternative Service is GRANTED and IT IS FURTHER ORDERED that service of the Notice of Sale on the Defendant, Kathy Jo Brownawell, shall be made by posting and tacking the Notice of Sale on the premises known as 230 W Dauphin St, Enola, PA 17025 (the "Premises") and by regular and certified mail to the Premises and 1429 N. Front Street, Apartment 3, Harrisburg, PA 17102 and 20 Coral Drive, Carlisle, PA 17013. 4 BY THE COURT: irti Wi7fri A/ rrl cr !MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 E. Stow Road Marlton, NJ 08053 (856) 482-1400 Attorney for Plaintiff File No. 88.33586 �`� ! 77-1 NO 7: of . CL1 PEH SSA` N© COG `� YL Vq NIA1/r'rY CitiMortgage, Inc., Plaintiff, vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 2012-2246 Kathy Jo Brownawell AFFIDAVIT PURSUANT TO and Pa.R.C.P. 3129.2 Marley S. Beck a/k/a Marley S. Beck, Jr. Defendants '. I, Robert W. Williams, Esquire, say: 1. By June 25, 2014, a copy of the Notice of Sheriffs Sale of Real Property was served upon the defendants, Kathy Jo Brownawell and Marley S. Beck a/k/a Marley S. Beck, Jr. Copies of the returns are attached hereto and made a part hereof as Exhibit "A". 2. On May 2, 2014, a notice of Sheriff's Sale was served upon lien holders of record and interested parties by ordinary mail. A copy of the certificate of mailing is attached hereto and made a part hereof as Exhibit "B". 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. § 4904 re .ting to unsworn falsification to authorities. Robert W. Williams, Esquire Attorney ID No. 315501 Milstead and Associates, LLC Dated: July, 2014 EXHIBIT "A" CitiMortgage, Inc., PLAINTIFF, v. Kathy Jo Brownawell 230 Dauphin Street Enola, PA 17025 Marley S. Beck 430 S. Enola Drive Enola, PA 17025, DEFENDANTS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 2012-2246 CIVIL ACTION MORTGAGE FORECLOSURE ORDER GRANTING ALTERNATIVE SERVICE OF THE NOTICES OF SHERIFF'S SALE Zo :£ JVW £Iat —1 z*� rnF -urn cj --acs s -T, oC) p 4,3 AND NOW, this '1' day of (real , 20 13, upon consideration of Plaintiffs Motion for Alternative Service of the Notices of Sheriffs ale, and upon consideration of any answer or response thereto, and good cause showing; it is hereby ORDERED that Plaintiff may serve the Notices of Sheriffs Sale pursuant to Pa. R.C.P. 3129.2(a) upon Defendant Marley S. Beck by (1) sending a true and correct copy thereof to Defendant Marley S. Beck via simultaneous certified mail return receipt requested and regular mail postage prepaid to 230 W. Dauphin Street, Enola, PA 17025 and his last known address of 430 South Enola Drive, Enola, PA 107025; and (2) posting a true and correct copy thereof on the mortgaged premises at 230 W. Dauphin Street, Enola, PA 17025 by any competent adult. Service of the aforementioned mailings is effective upon the date of mailing and is to be effectuated by Plaintiffs attorney, who will file with the Prothonotary's Office a Certificate of Service as to such mailings. 2; c leu f trite P., BY THE COURT: 13&R `eorrruo for Prefer/Jonah bay CitlMortgage, Inc. -vs- Kathy Jo Brownawell and Marley S. Beck CASE NUMBER 2012-2246 AFFIDAVIT OF SERVICE 235 SOUTH 13TH STREET PHILADELPHIA, PA 19107 PHONE: (215) 546-7400 FAX: (215) 985.0169 i } lhlbesIAasociatbnol PhalgcpMiAcropaeon ProlossbnalPions Sewers OiROooFoniIPrccosSSellars COURT Court of Common Pleas of Pennsylvania COUNTY Cumberland County COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA: B&R Control # CS112082 -4 Reference Number 88.33586 SERVICE INFORMATION On 1 day of May, 2014 we received the Noff ce of Sheriff Sale • for service upon Marley S. Beck alkla Marley S. Beck, Jr. at 230 W. Dauphin Street Enola, PA 17025 ***Special Instructions i'" Ej Served Date 'as -43 4J,,'f Time 1:/.5-491 Accepted By: P S 4J In the manner described below. El Personally served. Adult family member. Relationship is Adult in charge of residence who refused to give name and/or relationship. 'Li Manager/Clerk of place of residence lodging I l Agent or person In charge of office or usual place of business Ra � Other t It aLcunnrn 1- it. 45 pasted Io # f ere iht'f-c S. Description of Person Age Height - Weight Race , . Sex Other I I Not Served Date Time Not Served Information Moved 0 Unknown 0 No Answer ❑ Vacant ❑ Other The Process Server, being duly sworn, deposes and says that the facts set forth herein ere true and correct to the best of I knowledge, Information and belief. Process Server/Sheriff- COMMONWEALTH Ot= PENNSYLVANIA 'iotadatSeal._ __......_• John F. Shinkowsky, Notary Public Lower Paxton Twp., Dauphin County My Commission Expires Sept 28, 2014 vim to and subscribed before me this -t..h Member. Ponnsst renla Assodation or Notaries q day of Law Firm Phone (856)482-1400 James Scafide Milstead and Associates 1 East Stow Road Marlton, NJ 08053 For Notary Au ServeBy Date 5/3/2014 Filed Date Sate Date 8/4/2014 ORIGINAL 121 VC NAME AND ADDRESS OF SENDER INDICATE TYPE OF MAIL CHECK APPROPIATE BLOCK FOR POSTMARK AND DATE OF RECEIP MILSTEAD & ASSOCIATES, LLC 1 East Stow Road Marlton, NJ 08053 X Certificate Mailing ❑ Insured 0 COD 0 Certified Mall Registered 0 With I 0 Withc Mail: �, r „ iz. ' r F 02 ..,,' �,°ti,;<,. �q Affix stamp here If issued mailing or for additional �taES Pos., r� -4 /41 earn-, rASE " .1 P 1 71 068 PI \Y RO V .- ip c �\ as certificate of copies of this bill. Line Number of Article Name of Addressee, Street, and Post -Office Address Postage Fee Handling Charge Act, Value (If Regli ee -.. 1 9414726699042009878036 Marley S. Beck a/k/a Marley S. Beck, Jr. 430 S. Enola Drive, Enols, PA 17025 V V OWES fi 2 Marley S. Beck a/k/a Marley S. Beck, Jr, 430 S. EnoIa Drive, Enola, PA 17025 01 201.4I' ' —, • �'�U 1'N. , '..�.. , ' ... s `'� . p 3 9414726699042009878043 Marley S. Beck a/k/a Marley S. Beck, Jr. 230 W. Dauphin Street Enola, PA 17025 1 :' == ( - " `� . Y F ;� " '�` t - 02 *.'m 000317/068 _ ""'"' UTAILE t f ., ' ° 1 P L) rRUliii `r'' ( i r'4 1, ( 'ITIkrr."Y 4 Marley S. Beck a/k/a Marley S. Beck, Jr. 230 W. Dauphin Street Enola, PA 17025 r eowits *' t) ' MAY 02 Zih' COOT 2014 6 0 8033 7 B 9 10 Total Number of Pieces Listed by Sender 4 t..../ilk$50,000 POSTMASTER, PER (Name of receiving employe =) •Express The full declaration of va ue is required on all domestic and international registered mail. The maximum indemnity payable for nonnegotiable documents under Express Mail document reconstruction Insurance is $50,000 per piece subject to a limit of per occurrence. The maximum indemnity payable on Mail merchandise Insurance is $500. The maximum indemnity payable is $25,000 for Registered Mail, $500 for COD and $500 for Insured Mail. Special handling charges apply only to Third- and Fourth -Class parcels. Special delivery service also Includes special handling service. PS FORM 3877 Page 1 of 1 88.33688/Jumper Notice of Sale FOR REGISTERED, INSURED, C.O.D., CERTIFIED, AND EXPRESS MAIL MILSTEAD & ASSOCIA1E.S, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 E. Stow Road Marlton, NJ 08053 (856) 482-1400 Attorney for Plaintiff File No. 8833586 CitiMortgage, Inc., COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY Vs. Kathy Jo Brownawell and Marley S. Beck, No.: 2012-2246 Defendants ORDER GRANTING ALTERNATIVE SERVICE PURSUANT TO PENNSYLVANIA R.C.P. 430 This matter being opened to the Court by Plaintiff, by and through its attorney, Robert W. Williams, Esquire, upon a Motion for Order Granting Alternative Service, pursuant to Pennsylvania R.C.P. 430, and the Court having reviewed and considered the pleading submitted in connection with this matter and good cause shown: /'�j IT IS on this may of JL-C-PJE,._.._ , 2014, ORDERED that the Motion for Alternative Service is GRANTED and IT IS FURTHER ORDERED that service of the Notice of Sale on the Defendant, Kathy Jo Brownawell, shall be made by posting and tacking the Notice of Sale on the premises known as 230 W Dauphin St, Enola, PA 17025 (the "Premises") and by regular and certified mail to the Premises and 1429 N. Front Street, Apatuient 3, Harrisburg, PA 17102 and 20 Coral Drive, Carlisle, PA 17013. BY THE COURT: /C../ teaViv 4e.d.Lj t?I r'trl r Cly r -- c-, h i. �•• 4:773 'B&B: \Serrtaa for Prafeuloasrs rno) CIHMortgage, Inc. -VS- 235 SOUTH 13TH STREET PHILADELPHIA, PA 19107 PHONE: (215) 546.7400 FAX: {215) 885.0168 Kathy Jo Brownawell and Marley S. Beck COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA: COURT NationalAssaastlovtof Phdade471144Assoc/a14 Professions, Prooe*o SeNers of Professknsi Process Servers Court of Common Pleas of Pennsylvania COUNTY Cumberland County CASE NUMBER 2012-2246 AFFIDAVIT OF SERVICE B&R Control # CS114712 .1 Reference Number 88.33586 SERVICE INFORMATION On 23 day of June, 2014 we received the Notice of Sheriff Sale for service upon Kathy Jo Brownawell at 230 W. Dauphin Street Enda, PA 17025 *** Special Instructions *** Served Date Cc�` In the manner described below. Personally served. ri Adult family member. Relationship is Accepted Adult in charge of residence who refused to give name and/or relationship. J Manager/Clerk of plate of 'residence lodging Agent or person in charge of office or usual place of business i Other 1 Description of Person Age Height Weight Race Other QNot Served Date Time Not Served Information Sex n Moved n Unknown n No Answer I I Vacant ❑ Other The Process Server, being duly sworn, deposes and says that the facts set forth herein are true and correct to the best of their knowledge, information and belief. Process Server/6l er1ff COMMONWEALTH OF I`D HSYLVA!` A r.rin John F. Shinkow_ky, Natarf Public Lower Paxson Twp., Oauphiri County Ply Commission EX9(fES Sept. 28, 2014 ,ember. PF,Emsa:ro=;s;: ,,::;,;,F;.rix of Notaries Law Firm Phone (856)482-1400 For James Scafide Milsiead and Associates 1 East Stow Road Marlton, NJ 08053 Sworn to and subscribed before me this day or�V cc ►� •f Not ublic ServeBy Date 7/1/2014 Filed Date Sale Date 8/6/2014 ORIGINAL 174VC NAME AND ADDRESS OF SENDER INDICATE TYPE OF MAIL ROPIATE BLOCK FOR POSTMAR MILSTEAD & ASSOCIATES, LLC 1 East Stow Road Marlton, NJ 08053 X Certificate Mating 0 Insured 0 COD 0 Certified Mall Registered Mail; ❑ With Postal Insurance 0 Without Postal Insurance Affix stamp here if issued as certificate of mailing or for additional copies of this bill. Line Number of Article Name of Addressee, Street, and Post -Office Address Postage Fee Handling Charge Act. Value (If Regis.) Insured Value Due Sender If C.O.D. R.R. Fee S.D. Fee S.H. Fee Rest. Del. Fee, Remarks 1 9414726699042007604644 Kathy Jo Brownawell 230 W. Dauphin Street Enola, PA 17025 t„�^ J`A, — f'` € , �' � Y t e1 1(10 C(1)(210.3;1:7' t MA EL.c x'�I t 3 i ;` t 0 :) FROM T s' .,- ; G 8 J r'ff >.rssx (IN %4 l`:O}')G , 2 Kathy Jo Brownawell 230 W. Dauphin Street Enola, PA 17025 .-...f� n 3 9414726699042007604651 Kathy Jo Brownawell 1429 N. Front Street, Apartment 3 Harrisburg, PA 17102 e Cyd'`”- ;/ y ' o 1 0 ''',;011j1 4 Kathy Jo Brownawell 1429 N. Front Street, Apartment 3 Harrisburg, PA 17102 ` g'ti>- <t 0 }10 `q 9414726699042007604668 Kathy Jo Brownawell 20 Coral Drive Carlisle, PA 17013 %6 ! �_ 6 Kathy Jo Brownawell 20 Coral Drive Carlisle, PA 17013 ' 7 y 8 9 10 Total Number of Pieces Listed by Sender 6 POSTMASTER, PER (Name of receiving employee) The full declaration of value is required on all domestic and international registered mail. The maximum Indemnity payable for nonnegotiable documents under Express Mail document reconstruction insurance is $50,000 per piece subject to a limit of $50,000 per occurrence, The maximum indemnity payable on Express Mail merchandise insurance is $500. The maximum indemnity payable is $25,000 for Registered Mall, $500 for COD . and $500 for Insured Mail. Special handling charges apply only to Third- and Fourth -Class parcels. Special delivery service also Includes special handling service. .335t16/Jumper-Notice of sale Page 1 of 1 REGISTEI3E1j, INSURED, C.O.D., CERTIFIED, AND EXPRESS MAIL EXHIBIT "B" NAME AND ADDRESS OF SENDER INDICATE TYPE OF MAIL MILSTEAD & ASSOCIATES, LLC 1 East Stow Road Marlton, NJ 08053 CHECK APPROPIATE BLOCK FOR POSTMARK AND DATE OF RECEIPT Mailing Registered Mi 1:1 With Posta Ci Without Po X Certificate M ❑ Insured ❑ COD ❑ Certified Mall Line 1 Number of Article cti.ti 4 -Nu, 9cto,riAxfi e0 2 -7.1447 w yo ‘( 0O0c\ Name of Addressee, Street, and Post -Office Address Postage Fee Handling Charge Marley S. Beck, Jr. do George W. Gekas, Esquire 5291 Devonshire Road Harrisburg, PA 17112 Act. Value (If Regis.) Kathy Jo Brownawell do John W. Frommer, Ill, Esquire Smigel, Anderson & Sacks, LLP River Chase Office Center, Third Floor 4431 North Front Street Harrisburg, PA 17110 3 4 6 Co- �y F'q • PATENoY BOWIES 02 1 P 002.600 0003171068 MAY 01 2.014 AILED FROM ZIP CODE 06053 F 02 1P Cr KEY BON 000.000 00031 71068 MAY 02 2014 MAILED FROM LIP CODE.. 06053 6 7 8 9 10 Total Number of Pieces Listed by Sender 2 POSTMASTER PER (N 44 The full declaration of value Is required on all domestic and (Name PS FORM 3877 Page 1 of 3 88.33686/Jumper Notice of Sale of receiving employe International registered mall. The maximum Indemnity payable for nonnegotiable documents under Express Mall document reconstruction insurance is $50,000 per piece subject to a limit of $50,000 per occurrence. The maximum Indemnity payable on ,.Express Mail merchandise insurance is $500. The maximum indemnity payable is $25,000 for Registered Mail, $500 for COD and $500 for Insured Mail. Special handling charges apply only to Third- and Fourth -Class parcels. Special delivery service also includes special handling service. FOR REGISTERED, INSURED, C.O.D., CERTIFIED, AND EXPRESS MAIL NAME AND ADDRESS OF SENDER CHECK APPROPIATE BLOCK FOR MILSTEAD & ASSOCIATES, LLC 1 East Stow Road Marlton, NJ 08053 X Certificate Mailing 0 Insured 0 COD 0 Certified Mail Registered Mail: Affix slam if ece of +u. , �r rnherer .d �;ttn ,aIssuted ,rasij q of thisertificathill, 0 With Pc 0 Without ��r;S PO&;.. Line Number of Article Name of Addressee, Street, and Post-Office Address Postage Fee Handling Charge Act. Value (If Regis. r; ^ ; " ,°•.f,, •' 4,01-i5 ry N� ea '� 1 CitiMortgage, Inc. successor by merger to Associates Consumer Discount Company, inc. a/k/a Associates Consumer Credit Discount Company P Y 1000 Technology Drive O'Fallon, MO 63368 i.� .,— a f' . , a t rmew BOWES +v `— r r � w�=" U2 1 P . 0(1 , 0 3 0 6 S NUS,. r s 0.1 0 f ,y fvi0nAU i..Eft711 Fr?0a!iZIF CiiDi`_ 0;3Ci53 2 East Pennsboro Township Community and Municipal Center 98 S. Enola Drive Enols, PA 17025 0 - �*" d,. �` %.- h ? ?F `v 1 °tea f �5�•1 3 Associates Consumer Discount Company, Inc. a/k/a Associates Consumer Credit Discount Company 5080 C. Jonestown Road Harrisburg, PA 17112 fi }t 6'0 , n . F °gym ? i` Yb' ii •f 4 Pk`,a'% armor?,:.. �-' a N ... �� . ' , 02 113 h D 91 x 000317'1068 4 Associates 4000Rege t1rst Boulevardital Corporation Irving, TX 75063 • rviA: 02.;?lt)tta ' :1: Mikri.i.i+YfCl1M iI='', ular_. 08053 6 Associates Financial Services Company, Inc. 250 East John Carpenter Freeway Irving, TX 75062 - - --� 6 Domestic Relations 13 North Hanover Street P.O. Box 320 Carlisle, Pa 17013 7 Tax Claim Bureau One Courthouse Square, Room 106 Carlisle, PA 17013-3339 8 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128 9 Department of Public Welfare Attn: Legal Department Health & Welfare Building P.O. Box 2675 Harrisburg, PA 17105 10 Department of Public Welfare Bureau of Child Support Enforcement Health & Welfare Bldg., Room 432 Harrisburg, Pa 17105 Total Number of Pieces Listed by Sender 1 d — 1,,•.•••81 AI...._ / 0 POSTMASTER, PER (Name of receiving emplo = . _ The full declaration of value is required on all domestic and international registered mall. The maximum indemnity payable for nonnegotiable documents under Express Mail document reconstruction Insurance Is $50,000 per piece subject to a limit of $50,000 per occurrence. The maximum indemnity payable on Express Mall merchandise insurance Is $500. The maximum indemnity payable is $25,000 for Registered Mall, $500 for COD and $500 for Insured Mail. Special handling charges apply only to Third- and Fourth -Class parcels, Special delivery service also includes special handling service. 336136iJumper N0 CO of Sale Page, of ' Z) , INSURED, C.O.D., CERTIFIED, AND EXPRESS MAIL AND ADDRESS OF SENDER INDICATE TYPE OF MAIL CHECK APPROPIATE BLC MILSTEAD & ASSOCIATES, LLC 1 East Stow Road Marlton, NJ 08053 X Certificate Mailing 0 Insured 0 COD 0 Certified Mail Registers 0 With I 0 Withost f of g,,tisPo 2. –bill. y� ' t ' p���^ • z 4 . �M Line Number of Article Name of Addressee, Street, and Post -Office Address Postage Fee Handling Charge Act. Value (If Regis ,s„.'j�L' .. `�`°'� P'Tr"Ex eaves e ? ~� $ 004.70° L. r� 02 1 P I '{°r: 00031 71 068 MAY 01 201 4 1 Commonwealth of PA Department of Revenue Bureau of Individual Taxes P.O. Box 280601 Harrisburg, PA 17128 '°� • MAILED FROM ZIP- C.„O1 n>!e t - . .., . r ,��►�'� .. -- --- `k. 2 Commonwealth of PA Department of Revenue Office of Chief Counsel Department 281061 Harrisburg, PA 17128 _� yy��yy �Q�P{}S ` cn -L -. = 0 t. �� d :rte m '. ', . ,,-- BO 3 Commonwealth of Pennsylvania Department of Revenue Inheritance Tax Division 1131 Strawberry Square 6 Floor, Dept. 280601 Harrisburg, PA 17128 S ,+}" , PfTPt EKY}} •.,..:t.. �; ` 02 1P ;OOEie�� `' k 00031 71068;' MAY 02 2014 _`��' • MAILED FROjA ZIP CODE 03003 4 Internal Revenue Service Special Procedures Branch 1001 Liberty Avenue 13'h Floor, Suite 1300 Pittsburgh, PA 15222 - .. . . .. .. _..• % 1, ;. • t So 6IQZ c- nvJ ) t /' t-� ,"7 f `/4' � 7 1 >r‘ • 6 Department of Public Welfare Estate Recovery Program P.O.Box8486 Willow Oak Building Harrisburg, PA 17105 6 Tenant/Occupant 230 Dauphin Street Enola, PA 17025 crei.ti 7 East Pennsboro Township 98 S. Enola Drive Enola, PA 17025 8 Unemployment Compensation Fund 16th Floor L&I Building Harrisburg, PA 17121 9 Midland Funding LLC 8872 Aero Drive, Suite 200 San Diego, CA 92123 - 10 Midland Funding LLC do William T. Molezan, Esquire 1400 Koppers Building, 436 Seventh Avenue Pittsburgh, PA 15219 Total Number of Pieces Listed by Sender . 10 POSTMASTER, PER (Name of receiving et -rip!. - :) — The full declaration of value is required on all domestic and International registered mail. The maximum indemnity payable for nonnegotiable documents under Express Mail document reconstruction insurance is $50,000 per piece subject to a limit of $50,000 per occurrence. The maximum indemnity payable on Express Mall merchandise Insurance is $500. The maximum .-Indemnity payable is $25,000 for Registered Mall, $500 for COD and $500 for Insured Mall. Special handling charges apply only to Third- and Fourth -Class parcels. Special delivery service also Includes special handling service. PS FORM 3877 r� o YO 88.3.3688/Jumper Notice of Sala FOR REGISTERED, INSURED, C.O.D., CERTIFIED, AND EXPRESS MAIL Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFFICE OF 8'.JfE 4ER FF ED -OF FiCE. THE PRO CKOP4O I }Y colli NOV -4 Ail 7 CURLAND PENNSYLVA A COUNTY CITIMORTGAGE, Inc. vs. Kathy Jo Brownawell (et al.) Case Number 2012-2246 SHERIFF'S RETURN OF SERVICE 03/28/2014 03:27 PM - Deputy Ryan Burgett, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 230 W. Dauphin Street a/k/a 230 Dauphin Street, East Pennsboro - Township, Enola, PA 17025, Cumberland County. 04/15/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Marley Scott Beck, Jr., but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 230 W Dauphin Street, East Pennsboro Township, Enola, PA 17025, property address is vacant. 04/30/2014 Entry of Appearance by Atty Robert W. Williams, of Milstead and Associates filed in prothy on 4/17/14. cab 06/03/2014 As directed by Robert W Williams, Attorney for the Plaintiff, Sheriffs Sale Continued to 8/6/2014 08/06/2014 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, Carlisle, PA on August 06, 2014 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Robert W. Williams, on behalf of CitiMortgage, Inc. being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $1,054.50 SO ANSWERS, September 29, 2014 c) CountySu e E, eriff. 'Teleosoft. Inc. RONIV ANDERSON, SHERIFF W ad ref, ae4 c as(o 44/ 9, e, 373 DD1-7 C-, Lf) On March 11, 2014 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as, 230 W. Dauphin Street, a/k/a 230 Dauphin Street, Enola, as Exhibit "A" filed with this Writ and by this Reference incorporated herein. Date: March 11, 2014 Real Estate Coordinator A LXIII 16 CUMBERLAND LAW JOURNAL 04/18/14 Writ No. 2012-2246 Civil Term CITIMORTGAGE, Inc. vs. Kathy Jo Brownawell Marley Scott Beck, Jr. Atty.: Craig Oppenheimer ALL THAT CERTAIN lot or piece of land with buildings and improve- ments thereon erected situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the southern line of Dauphin Street at or opposite the center of the parti- tion wall dividing propetlies known as No, 230 and 232 Dauphin Street, said point being two hundred twenty- nine and three hundred eighty-nine one -thousands (299.389) feet east of the southeast corner of Brick Church Road and Dauphin Street; thence along the southern line of Dauphin Street, North 79 degrees 40 minutes East, forty-six (46) feet to a point; thence South 10 degrees 20 minutes East, one hundred seventeen and five hundred five one -thousands (117.505) feet to a point; thence South 79 degrees 40 minutes West, forty-six (46) feet to a point at or opposite the center of the partition wall dividing properties known as No. 230 and 232 Dauphin Street; thence North 10 degrees 20 minutes West through the center of the partition wall dividing properties known as No. 230 and 232 Dauphin Street and beyond one hundred seventeen and five hundred five one -thousandths (117.505) feet to a point, at the place of BEGINNING. HAVING thereon erected the east- ern one-half of a two story dwelling known as No. 230 Dauphin Street, Enola, Pennsylvania. BEING Tax Parcel No. 09-14- 0832-201. BEING the same premises that Tax Claim Bureau, County of Cum- berland, PA as Trustee granted and conveyed unto Marley S. Beck, Jr. and Kathy Jo Brownawell by Deed dated January 11,2002 and recorded January 16, 2002 in the Office of the Recorder of Deeds in and for Cumber- land County, Pennsylvania, in Deed Book 250, Page 144. 33 The Patriot -News Co. -2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the patriotNews Now you know 2012-2246 Civil Term CITIMORTGAGE, Inc. Vs Kathy Jo Brownawell Marley Scott Beck, Jr Atty: Craig Oppenheimer ALL THAT CERTAIN lot or piece of land with buildings and improvements Cc thereon erected situate in East Tc Pennsboro Township, Cumberland P County, Pennsylvania, bounded and described as follows, to wit: a BEGINNING at a point in the r southern line of Dauphin Street at or opposite the center of the partition wall dividing properties known as No, 230 and 232 Dauphin Street, said ' point being two hundred twenty-nine 1 and three hundred eighty-nine one - thousands (299.389) feet east of the southeast corner of Brick Church Road and Dauphin Street; thence along the southern line of Dauphin Street, North 79 degrees 40 minutes East, forty-six (46) feet to a point; thence South 10 degrees 20 minutes East, one hundred seventeen and five hundred five one -thousands (117.505) feet to a point; thence South 79 degrees 40 minutes West, forty-six (46) feet to a point at or opposite the center of the partition wall dividing properties known as No. 230 and 232 Dauphin Street; thence North 10 degrees 20 minutes West through the center of the partition wall dividing properties known as No. 230 and 232 Dauphin Street and beyond one hundred seventeen and five hundred five one -thousandths (117.505) feet to a point, at the place of BEGINNING. HAVING thereon erected the eastern one-half of a two story dwelling known as No. 230 Dauphin Street, Enola, Pennsylvania. BEING Tax Parcel No. 09-14-0832- 201 BEING the same premises that Tax Claim Bureau, County of Cumberland, PA as Trustee granted and conveyed unto Marley S. Beck, Jr. and Kathy Jo Brownawell by Deed dated January 11,2002 and recorded January 16, 2002 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 250, Page 144. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 :,ommonwealth of Pennsylvania, County of Dauphin} ss worn according to law, deposes and says: ntroller of The Patriot News Co., a corporation organized and existing under the laws of the h its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Jmberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday I circulation, printed and published at 1900 Patriot Drive, in the City, County and State J The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, inuously published ever since; Jblication which is securely attached hereto is exactly as printed and published in their regular eekly editions which appeared on the date(s) indicated below. That neither she nor said :t matter of said printed notice or advertising, and that all of the allegations of this statement as publication are true; and wiedge of the facts aforesaid and is duly authorized and empowered to verify this statement on resaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the s of the said Company and subsequently duly recorded in the office for the Recording of Deeds in Miscellaneous Book "M", Volume 14, Page 317. This ad ran on the date(s) shown below: 04/13/14 04/20/14 • 04/27/14 Sworn to ad subscribed before m t 0 2 day of May,1 014 0 Public J COMMONWEALTH OF PENNSYLVANIA Notarial Seal Ho'.Iy Lynn "left!, h"otary Pub c v shingtcn Two., Dauphin County My Camm.on 5(0 775 Dec. 12, 2016 MEMBER. PENNSYLVANIA ASSMTATTON OF NOTARIF� 1 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: April 18, April 25 and May 2, 2014 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. Lisa Marie Coyne Editor SWORN TO AND SUBSCRIBED before me this da of Ma 2014 1 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28, 2018 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which CitiMortgage Inc is the grantee the same having been sold to said grantee on the 6th day of August A.D., 2014, under and by virtue of a writ Execution issued on the 27th day of December, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 2246, at the suit of CitiMortgage Inc against Kathy Jo Brownawell, Marley S Beck aka Marley S Beck Jr is duly recorded as Instrument Number 201425402. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this , A.D. e2 0 day of ecorder of Deeds Reco • er of %eeds, Cumberland County, Carlisle, PA My Commis ion Expires the First Monday of Jan. 2018