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HomeMy WebLinkAbout12-2606- i t P r? ? R 1 D;1`) CC1,:i,, .asp , I , ?Lv,,? N, PHELAN HALLINAN & SCHMIEG, LLP Joseph P. Schalk, Esq., Id. No.91656 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 Plaintiff v. 284956 NORMAN D. ROSE A/K/A NORMAN ROSE MARY D. ROSE 1288 SUMMITVIEW COURT NEW CUMBERLAND, PA 17070-2206 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 1v1 _ ')- p(e ?l CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 284956 0 s 16 9, 7 C ?-? l? 71?-0o a iZ 1 ny?83 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 284956 1. Plaintiff is CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 2. The names and last known address of the Defendants are: NORMAN D. ROSE A/K/A NORMAN ROSE MARY D. ROSE 1288 SUMMITVIEW COURT NEW CUMBERLAND, PA 17070-2206 who are the mortgagors and/or real owners of the property hereinafter described. 3. On 02/07/2006 NORMAN D. ROSE and MARY D. ROSE made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR EQUIFIRST CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book 1940, Page 1588. By assignment of mortgage recorded 12/19/2011 the mortgage was assigned to PLAINTIFF in which assignment is recorded at Assignment of Mortgage Instrument No. 201135276. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/01/2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 284956 6 The following amounts are due on the mortgage as of 11/12/2011: Principal Balance $151,634.72 Interest $1,860.44 04/01/2011 through 11/12/2011 Late Charges $147.06 Escrow Deficit $418.35 TOTAL $154,060.57 7 Plaintiff is not seeking a judgment of personal liability (or an in person am judgment) against the Defendants in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8 Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendants on the dates set forth thereon. WHEREFORE, Plaintiff demands an in rem judgment against the Defendants in the sum of $154,060.57, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. B1 File #: 284956 PHELAN HALLINAN & SCHMIEG, LLP LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of ground with improvements thereon erected situate in LOWER ALLEN TOWNSHIP, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point being the northeast corner of Lot No. 24 of lands of Limited Common Area No. 2; thence along said lands South fifty-nine (59) degrees ten (10) minutes forty-five (45) seconds East thirty-four and zero one-hundredths (34.00) feet to a point; thence along said lands South fifty (50) degrees forty-eight (48) minutes fifteen (15) seconds West eighty-three and sixty- five one-hundredths (83.65) feet to a point; thence along the same North fifty-nine (59) degrees ten (10) minutes forty-five (45) seconds West thirty-four and zero one-hundredths (34.00) feet to a point being the southeast corner of Lot No. 24; thence along Lot No. 24 and through a party wall North fifty (50) degrees forty-eight (48) minutes fifteen (15) seconds East eighty-three and sixty-five one-hundredths (83.65) feet to a point, being the place of BEGINNING. CONTAINING 2,841 square feet, more or less. BEING KNOWN and numbered as 1288 Summitview Court, New Cumberland, PA 17070. BEING the same premises which John M. Disanto and Maria T. Disanto, his wife and Mark X. Disanto and Susan K. Disanto, his wife, adult individuals, by Deed dated the 18th day of August, 2000, and recorded at Cumberland County in the Office of the Recorder of Deeds, in and for the County of Cumberland, on the 23rd day of August, 2000, in Record Book 227, Page 844, granted and conveyed unto Norman D. Rose, a married man. Attorney File No.: 284956 ALSO BEING the same premises which Norman D. Rose, married man, by Deed dated the 7th day of February, 2006, and intended to be herewith recorded, Cumberland County records, 'granted and conveyed unto Norman D. Rose and Mary D. Rose, husband and wife. % UNDER AND SUBJECT TO restrictions and conditions as now appear of record. PROPERTY ADDRESS: 1288 SUMMITVIEW COURT, NEW CUMBERLAND, PA 17070-2206 PARCEL # 13-25-0008-314 Attorney File No.: 284956 VERIFICATION Jacqueline Cooper SIR tlOi" Officer hereby states that he/she is 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 unsworn falsification to authorities. DATE: `3 & l uc Nark cqueline Cooper Title: File#: 284956 Name: ROSE Gomm* 0"W of ; Attorney File No.: 284956 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSTLVANIA CITIMORTGAGE, INC. vs. ROSE, NORMAN D. ROSE, MARY D. 12-AD ivil 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 an attorney, 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 not charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all the 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 attempt to work out a 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 the 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 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 our 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. THIS PROGRAM IS FREE. Date F. a? r. f ? ate, ;" Respectfully submitted: Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date: April 10, 2012 Cumberland County Court of Common Please 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) City: Phone Numbers: Email: # of people in household: Mailing Address: City: Phone Numbers: Email: # of people in household: First Mortgage Lender:_ Loan: Loan Number: Second Mortgage Lender: of Loan: T nan NiimhPr- State: Zip: Yes E] No El Listing date: Price: $ Realtor Phone: Yes ? No ? State: Zip: Home: Office: Cell: Other: How long? State: Zip: Home: Cell: Office: Other: How long? Date you Closed Your Loan: Type of Type 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 #1: Model: Year: Amount owed: Value: Automobile #2: Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value Monthlv Income Name of Employers: 1. 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 ment(s) Condo/Nei h. Fees Auto Insurance Med. (not covered) Auto fuel/re airs 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 (Office): Fax: 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 you know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: I/We, , 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 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 page along with the following information to lender: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor OF Tr r iL- D- ') icICE A t 2012 MAY --8 AM 9% 55 CUMBERLAND COUNTY PENNSYLVANIA CITIMORTGAGE, Inc. vs. Norman D. Rose (et al.) Case Number 2012-2606 SHERIFF'S RETURN OF SERVICE 05/03/2012 07:35 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on May 3, 2012 at 1935 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: Norman D. Rose, by making known unto himself personally, at 1288 Summit View Court, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to him personally the said true and correct copy of the same. :;i?;' Y?::10 2 RYAN BURGETT, DE 05/03/2012 07:35 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on May 3, 2012 at 1935 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: Mary D. Rose, by making known unto Norman Rose, Husband of Defendant at 1288 Summit View Court, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $61.00 May 04, 2012 RYAN BURGETT, DE SO ANSWERS, &-Z' RON R ANDERSON, SHERIFF !c; CeuntfSuite ShertP. I eleosm 6ic _ LU-UF�1Cr ti PHELAN HALLINAN, LLP � � 20 Ati MttUey for Plaintiff Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 CUMBERLAND GOU."Ty One Penn Center Plaza QENNSYLV"'..A Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE,INC. CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS NORMAN D. ROSE CIVIL DIVISION A/K/A NORMAN ROSE MARY D. ROSE No. 12-2606-CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against NORMAN D. ROSE A/K/A NORMAN ROSE, and MARY D. ROSE, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $154,060.57 TOTAL $154,060.57 I hereby certify that(1) the Defendants' last known address is 1288 SUMMIT VIEW COURT,NEW CUMBERLAND, PA 17070-2206, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. V Date 7 � Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff �'�b•��� Cka �3r�y3 DAMAGES A H REBY ASSESSED AS INDICATED. ft �'` aq�13 DATE: M PHS#284956 PROTHONOTARY 284956 PHELAN HALLINAN, LLP Attorney for Plaintiff Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE,INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. CIVIL DIVISION NORMAN D. ROSE A/K/A NORMAN ROSE No. 12-2606-CIVIL MARY D. ROSE AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant NORMAN D. ROSE A/K/A NORMAN ROSE is over 18 years of age and resides at 1288 SUMMIT VIEW COURT, NEW CUMBERLAND, PA 17070- 2206. (c) that defendant MARY D. ROSE is over 18 years of age and resides at 1288 SUMMIT VIEW COURT, NEW CUMBERLAND, PA 17070-2206. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date Slf7/ 0'1v� Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 21.5-563-7000 284956 Department of Defense Manpower Data Center Results as of:MayA7-2013 12:06:33 SCRA 3.0 Status Report Pursuant to Sery cemembers Civil RelidAot Last Name: ROSE First Name: MARY Middle Name: D Active Duty Status As Of: May-17-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the Individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or hislher unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAH,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. X )4— * 6444— • Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 Department of Defense Manpower Data Center Results as of:May-17-201312:12:01 SCRA 3.0 Statm Report `x Pursuant to Servicemembers Civil Relief-Act Last Name: ROSE First Name: NORMAN Middle Name: Active Duty Status As Of: May-17-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status - Service Component NA NA No;P NA This response reflects�fhe individuals'active duty status based on'the AcCW D'uty:Status Date ' _ I v y, Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA This response reflects where th'e individual left active duty status,within 367-days preceding theActive,Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received'eady noldicabon to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTEWCANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. 41131 )4— Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 Department of Defense Manpower Data Center Results as of:May-17-2013 12:06:32 SCRA 3.0 Pursuant to Sondccmen ibers Civil.Relief Act Last Name: ROSE First Name: NORMAN Middle Name: D Active Duty Status As Of: May-17-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the Individual left active duty status within 367 days preceding the Active Duty Status Dale The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 CITIMORTGAGE,INC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NORMAN D.ROSE A/K/A NORMAN ROSE NO. 12-2606-CIVIL MARY D.ROSE Defendant(s) CUMBERLAND COUNTY TO: NORMAN D.ROSE A/K/A NORMAN ROSE 1288 SUMMITVIEW COURT NEW CUMBERLAND,PA 17070-2206 DATE OF NOTICE:—� THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A .DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR .PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 1.7013 z� (717)249-3166 I3 a on uckcrrnan,Esq.,Id.No.309519 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 14W One Penn Center Plaza Philadelphia,PA 191.03 PHS#284956 i CITIMORTGAGE,INC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NORMAN D.ROSE A/K/A NORMAN ROSE NO. 12-2606-CIVIL MARY D.ROSE Defendant(s) CUMBERLAND COUNTY TO: MARY D.ROSE 1288 SUMMITVIEW COURT NEW CUMBERLAND,PA 17070-2206 DATE OF NOTICE: I Au- THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE-PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING.A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: _ A icl:erman,Esq.,Id.No.309519 Attollle or Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 191.03 PHS#284956 (Rule of Civil Procedure No. 236) -Revised CITIMORTGAGE,INC. CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS NORMAN D.ROSE A/K/A NORMAN ROSE CIVIL DIVISION MARY D.ROSE No. 12-2606-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on By: If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY" 284956 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CITIMORTGAGE,INC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 12-2606-CIVIL NORMAN D.ROSE A/K/A NORMAN ROSE MARY D.ROSE Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due $154,060.57 Interest from 05/21/2013 to Date of Sale $2,710.31 ($25.33 per diem) TOTAL $156,770.88 -vim r N 81 p Phelan Hallinan,LLP j Adam H.Davis,Esq.,Id.No.203034 qC . . --it Attorney for Plaintiff Ln 3> Note: Please attach description of property. PHS#284956 S OL SL a t L 903 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CITIMORTGAGE,INC. Plaintiff V. NORMAN D.ROSE A/K/A NORMAN ROSE MARY D.ROSE t - Defendant(s) PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) ? Filed: o Address where papers may be served: NORMAN D.ROSE A/K/A NORMAN ROSE Phelan Hallinan,L P 1288 SUMMIT VIEW COURT Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff NEW CUMBERLAND,PA 17070-2206 MARY D.ROSE 1288 SUMMIT VIEW COURT NEW CUMBERLAND,PA 17070-2206 .. _r. LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of ground with improvements thereon erected situate in LOWER ALLEN TOWNSHIP,Cumberland County,Pennsylvania,more particularly bounded and described as follows,to wit: . BEGINNING at a point being the northeast corner of Lot No.24 of lands of Limited Common Area No.2; thence along said lands South fifty-nine(59)degrees ten(10)minutes forty-five(45)seconds East thirty-four and zero one-hundredths(34.00)feet to a point;thence along said lands South fifty(50)degrees forty-eight (48)minutes fifteen(15)seconds West eighty-three and sixty-five one-hundredths(83.65)feet to a point; thence along the same North fifty-nine(59)degrees ten(10)minutes forty-five(45)seconds West thirty-four and zero one-hundredths(34.00)feet to a point being the southeast corner of Lot No.24;thence along Lot No.24 and through a party wall North fifty(50)degrees forty-eight(48)minutes fifteen(15)seconds East eighty-three and sixty-five o66-hundredths(83.65)feet to a point,being the place of BEGINNING. CONTAR41NG 2,841 square feet,more or less. UNDER7iND­SUBJECT_ 0 restrictions anc(cond' ons as now appear of record. TITLE TO SAID PREMISES VESTED IN Norman D.Rose and Mary D. Rose,h/w,by Deed from Norman D.Rose,married man,dated 02/07/2006,recorded 02/14/2006 in Book 273,Page 823. PREMISES BEING: 1288 SUMMIT VIEW COURT,NEW CUMBERLAND,PA 17070-2206 PARCEL NO.13-25-0008-314 PHELAN HALLINAN, LLP v t Pi E PROTHONOTARY Attorneys for Plaintiff Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 ?D13 HAY 20 AH- 10: 51 One Penn Center Plaza Philadelphia, PA 19103 CUMBERLAND COUNTY 215-563-7000 P�NNSYLVANi A CITIMORTGAGE,INC. COURT OF COMMON PLEAS Plaintiff V. CIVIL DIVISION NORMAN D. ROSE A/K/A NORMAN ROSE NO.: 12-2606-CIVIL MARY D. ROSE ' Defendant(s) CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled (X) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff CITIMORTGAGE, INC. 'FILED-OFFICE COURT OF COMMON PLEAS Plaintiff O THE PROTHONOTARY . 2013 MAY 20 AM 10; 5 1 CIVIL DIVISION V. CUMBERLAND COUNTY NO.: 12-2606-CIVIL NORMAN D. ROSE A/K/A NORMAN RORENNSYLVANIA MARY D. ROSE Defendant(s) CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE,INC.,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 1288 SUMMIT VIEW COURT,NEW CUMBERLAND,PA 17070-2206. 1. Name and address of Owner(s)Jor reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) NORMAN D.ROSE A/K/A NORMAN ROSE 1288 SUMMIT VIEW COURT NEW CUMBERLAND,PA 17070-2206 MARY D.ROSE 1288 SUMMIT VIEW COURT NEW CUMBERLAND,PA 17070-2206 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) NORMAN D.ROSE A/K/A NORMAN ROSE 1288 SUMMIT VIEW COURT NEW CUMBERLAND,PA 17070-2206 MARY D.ROSE 1288 SUMMIT VIEW COURT NEW CUMBERLAND,PA 17070-2206 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) PA DEPARTMENT OF REVENUE BUREAU P.O.BOX 280946 OF COMPLIANCE HARRISBURG,PA 17128-0946 PA DEPARTMENT OF REVENUE BUREAU P.O.BOX 280948 OF COMPLIANCE HARRISBURG,PA 17128-0948 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) EQUIFIRST CORPORATION 500 FOREST POINT CIRCLE CHARLOTTE,NC 28273 EQUIFIRST CORPORATION 500 FOREST POINT CIRCLE ATTN: COLLATERAL M CHARLOTTE,NC 28273 PHS #284956 EQUIFIRST CORPORATION 500 FOREST POINT CIRCLE ATTN:DONALD GALBREATH CHARLOTTE,NC 28273 MERS AS A NOMINEE FOR EQUIFIRST P.O.BOX 2026 CORPORATION FLINT,MI 48501-2023 . MERS,INC. FORMERLY-3300 SW 34TH AVE., SUITE 101 OCALA,FL 34471 AS OF 12/6/10-1901 E.VOORHEES STREET, SUITE C DANVILLE,IL 61834 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. "t Name Address(if address cannot be reasonably ascertained,please indicate) BEACON HILL COMMUNITY 3800 MARKET STREET ASSOCIATION,INC. CAMP HILL,PA 17011 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 1288 SUMMIT VIEW COURT NEW CUMBERLAND,PA 17070-2206 CITIMORTGAGE,INC. 1000 TECHNOLOGY DRIVE MS321 O'FALLON,MO 63368 MERS AS A NOMINEE FOR P.O.BOX 2026 CITIMORTGAGE,INC. FLINT,MI 48501-2026 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 1.5222 PHS #284956 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: LJ / By ✓✓ t-t/l� Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 1.9103 21.5-563-7000 PHS #284956 .......... ... = = FROTHONOTAR f CITIMORTGAGE,INC. COURT OF COMMON PLEAS LldTY Plaintiff CIVIL DIVISION cuMBER PENNSYLVANIA NO.: 12-2606-CIVIL NORMAN D, ROSE A/K/A NORMAN ROSE MARY D. ROSE : CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: NORMAN D. ROSE MARY D. ROSE A/K/A NORMAN ROSE 1288 SUMMIT VIE' V COURT 1288 SUMMIT VIEW COURT NEW CUMBERLAND,PA 17070-2206 NEW CUMBERLAND,PA 17070-2206 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house(real estate) at 1288 SUMMIT VIEW COURT,NEW CUMBERLAND,PA 17070-2206 is scheduled to be sold at the Sheriff's Sale on 09/04/2013 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$154,060.57 obtained by CITIMORTGAGE,INC. (the mortgagee)against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 31.29.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action:. 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230: 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one,the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling,215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due.in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty(30) days after the sale. The schedule shall be kept on file with the sheriff.and will be made available for inspection in his office. This sched.-14e will state who will be receiving that-money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10)days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of ground with improvements thereon erected situate in LOWER ALLEN TOWNSHIP,Cumberland County,Pennsylvania,more particularly bounded and described as follows,to wit: . BEGINNING at a point being the northeast corner of Lot No.24 of lands of Limited Common Area No.2; thence along said lands South fifty-nine(59)degrees ten(10)minutes forty-five(45)seconds East thirty-four and zero one-hundredths(34.00)feet to a point;thence along said lands South fifty(50)degrees forty-eight (48)minutes fifteen(1.5)seconds West eighty-three and sixty-five one-hundredths(83.65)feet to a point; thence along the same North fifty-nine(59)degrees ten(10)minutes forty-five(45)seconds West thirty-four and zero one-hundredths(34.00)feet to a point being the southeast corner of Lot No.24;thence along Lot No.24 and through a party wall North fifty(50)degrees forty-eight(48)minutes fifteen(15)seconds East eighty-three and sixty-five on&thundredths(83.65)feet to a point,being the place of BEGINNING. Y`f CONTAINING 2,841 square feet,more or less. UNDER AND SUBJECT TO restrictions and conditions as now appear of record. TITLE TO SAID PREMISES VESTED IN Norman D.Rose and Mary D.Rose,h/w,by Deed from Norman D.Rose,married man,dated 02/07/2006,recorded 02/14/2006 in Book 273,Page 823. PREMISES BEING: 1288 SUMMIT VIEW COURT,NEW CUMBERLAND,PA 17070-2206 PARCEL NO.13-25-0008-314 SHORT DESCRIPTION By virtue of a Writ of Execution No. 12-2606-CIVIL CITIMORTGAGE,INC. V. NORMAN D. ROSE A/K/A NORMAN ROSE MARY D. ROSE owner(s) of property situate in the TOWNSHIP OF LOWER ALLEN, CUMBERLAND County,Pennsylvania, being 1288 SUMMIT VIEW COURT NEW CUUMBERLAND PA 17070-2206 Parcel No. 13-25-0008-314 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $154,060.57 Attorneys for Plaintiff Phelan Hallinan, LLP WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-2606 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 NORMAN D.ROSE A/K/A NORMAN ROSE,MARY D.ROSE (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: $154,060.57 L.L.:$.50 Interest FROM 5/21/2013 TO DATE OF SALE($25.33 PER DIEM)-$2,710.31 Atty's Comm: Due Prothy:$2.25 Atty Paid: $209.75 Other Costs: Plaintiff Paid: Date: 5/20/13 David D.Buell,Prothonotary (Seal? Deputy REQfJE, St N1163 PARTY: Name: ADAM H.DAVIS,ESQUIRE Address: PHELAN HALLINAN,LLP 1617 JFK BLVD,,SUITE 1400 ONE PENN CENTER PHILADELPHIA,PA 19103 Attorney for:PLAINTIFF Telephone:215-563-7000 Supreme Court ID No.203034 Phelan Hallinan, LLP la Jonathan M. Etkowicz, Esq., Id. No.208786 0.,113 3a �+TORNEY OR PLAINTIFF 1617 JFK Boulevard, Suite 1400 [�So cou One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz @phelanhallinan.com 215-563-7000 CITIMORTGAGE, INC.. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County NORMAN D. ROSE A/K/A NORMAN ROSE No.: 12-2606-CIVIL MARY D. ROSE Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP,moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on April 30, 2012. 2. Judgment was entered on May 20, 2013 in the amount of$154,060.57. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit"A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1),a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e.bringing the interest current. However,new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on September 4, 2013. 778788 5. Additional sums have been incurred or expended on Defendants'behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $151,634.72 Interest Through September 4, 2013 $9,653.36 Late Charges $147.06 Legal fees $2,100.00 Cost of Suit and Title $1,118.75 Property Inspections $135.00 Property Preservation $492.29 Appraisal/Brokers Price Opinion $471.00 Escrow Deficit $3,689.48 TOTAL $169,441.66 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law,Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9),Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on July 16, 2013 and requested the Defendants' Concurrence.Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit`B". 10. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin A. Hess entered an order to Lift Conciliation Stay dated February 14, 2013 . 778788 WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP DATE: �� 3 By: J athan M. Etkowicz, Esquire ATTORNEY FOR PLAINTIFF 778788 _ Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 CITIMORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division V. : CUMBERLAND County NORMAN D. ROSE A/K/A NORMAN ROSE No.: 12-2606-CIVIL MARY D. ROSE Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE NORMAN D. ROSE A/K/A NORMAN ROSE executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 1288 SUMMIT VIEW COURT,NEW CUMBERLAND, PA 17070- 2206. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 778788 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgagee Corporation of the Southwest v. Good, 537 A.2d 22,24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriff s sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli,407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa.Nat. Bank 445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and,in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid,Plaintiff must protect its collateral up until the date of sale. Beckman v.Altoona Trust Co., 332 Pa. 545,2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 778788 Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich,the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case,the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender , payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums,fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action,the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Vi11W Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 778788 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically,interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiff s interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire,Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly,the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 778788 Vl. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment,the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865);First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner,the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff s legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 778788 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced(which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 778788 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as"property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. 778788 Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings,and such delays require the mortgagee to expend additional sums provided for by the Mortgage,then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP DATE: 3 By: Jo an M.Etkowicz,Esquire Attorney for Plaintiff 778788 Exhibit "A" __ _ 778788 -FILED-.OFFICE y. 1HE PROTHONOTARY PHELAN HALLINAN, LLP 2413 MAY 20 ati [attUey for Plaintiff Adam H.Davis, Esq., Id. No.203034 1617 JFK Boulevard,Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza pESdNSYLVA94A Philadelphia,PA 19103 215-563-7000 CITIMORTGAGE,INC. CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS NORMAN D.ROSE CIVIL DIVISION A/K/A NORMAN ROSE MARY D.ROSE No. 12-2606-CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against NORMAN D.ROSE A/K/A NORMAN ROSE,and MARY D. ROSE,Defendant(s)for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $154,060.57 TOTAL $154,060.57 . I hereby certify that(1)the Defendants'last known address is 1288 SUMMIT VIEW COURT,NEW CUMBERLAND,PA 17070-2206,and(2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. /� Date�1// UC.P/�2 9 ex�- Adam H. Davis,Esq., id. No.203034 Attorney for Plaintiff DAMAGES REBY ASSESSED AS INDICATED. f l a�� a90 i: ff /� o DATE: PHS#284956 PROTHONOTARY 284956 Exhibit 778788 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Pls la`delPhi : PA 1910.3 (215) 563-7000 FAX#: (215) 563-3459 Phelan.Hallinan, LLP Representing Lenders in Pennsylvania ?u1v�;C.�0.13 NORMAN D. ROSE A/K/A NORMAN ROSE MARY D. ROSE 1288 SUMMIT VIEW COURT NEW CUMBERLAND,PA 17070-2206 RE CITIMORTGAGE,INC.v.NORMAN D.ROSE,A/K/A NORMAN ROSE and MARY D. ROSE Premises Address: 1288 SUMMIT VIEW COURT NEW CUMBERLAND,PA 17070 CUMBERLAND County CCP,No. 12-2606-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment.Please respond to me within 5 days,by 7/22/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Ve oily.y >s; J , i3";; *6'X Esq.,Id.No.208786 itbrfty,for Plaintiff Enclosure 778788 0 N Name and Phelan Hallinan,LLP Address 1617 JFK Boulevard,Suite 1400 ; Of Sender One Perm Center Plan Philadelphia,PA 19103 KVM ` N a Line Article Number Name of Addressee,Street,and Post Office Address rSO.46 NORMAN D.ROSE MARY D.ROSE 1288 SUMMIT VIEW COURT NEW CUMBERLAND PA 17070-2206 2 •«"« MARY D.ROSE 6350 HULEN BEND TERRACE APARTMENT 1307 FORT WORM TX 76132 RE:NORMAN D.ROSE A/K!A NORMAN ROSE(CUMBERLAND) PH#778788/1200 Page I of $0.92 1 Total Number of Tad Nimrber otPicoes Poswww.Per(Name of The full declaration of value is requited on all domestic and imm ationd regktered mail.The d Pisa listed by Sanda Raodved at Pmt Office Roadvbtg Employee) for the n=ns action of nommgotiable dmmeii:s under Exp=Mail doeumcnt r000nmuclion piece aobje4 to a limit of 5500,000 per oacurtena.The maximum iodannity peyebk on Eapre The maximum indarmity payable is 225,000 for repstered mail,sect vritb optional inummee S. nxatmut R900 S9t3 and S421 for limitations of Form 3877 Facsimile 778788 I f Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 jonatlian.etkowicz@phelanhallinan.com 215-563-7000 CITIMORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County NORMAN D. ROSE A/K/A NORMAN ROSE No.: 12-2606-CIVIL MARY D. ROSE Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof,were sent to the following individuals on the date indicated below. NORMAN D. ROSE MARY D. ROSE A/K/A NORMAN ROSE 6350 HULEN BEND TERRACE MARY D. ROSE APARTMENT 1307 1288 SUMMIT VIEW COURT FORT WORTH, TX 76132 NEW CUMBERLAND,PA 17070-2206 Phelan Hallinan,LLP DATE: 7 Zu 3 By: Jonat M. Etkowicz,Esquire ATTORNEY FOR PLAINTIFF 4 778788 ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CITIMORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County NORMAN D. ROSE AJKJA NORMAN ROSE No.: 12-2606-CIVIL MARY D. ROSE Defendants RULE AND NOW, this .Z"'1 day of 2013, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY T COI;RT J. ra �3> '0 CZ --i . 778788 Jonathan M.Etkowicz,Esq.,Id.No.208786 �/Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 Philadelphia,PA 19103 TEL: (215) 563-7000 FAX: (215)563-3459' NORMAN D. ROSE /MARY D. ROSE A/K/A NORMAN ROSE 6350 HULEN BEND TERRACE MARY D. ROSE APARTMENT 1307 1288 SUMMIT VIEW COURT FORT WORTH, TX 76132 NEW CUMBERLAND,PA 17070-2206 778788 778788 C-- co C=7-- rri t pit" -0 C) PHELAN HALLINAN,LLP Attorney for Plaintiff c a CD--I Adam H.Davis,Esq.,Id.No.203034 v C-) :9 = 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Adam.Davis@PhelanHallinan.coin 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CITIMORTGAGE,INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION NORMAN D.ROSE A/K/A NORMAN ROSE MARY D.ROSE No.: 12-2606-CIVIL Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY SS: As required by Pa. R.C.P. 3129.2(a)Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa.R.C.P.3129.2(c)on each of the persons or parties named, at that address,set forth on the Affidavit and as amended if applicable.A copy of the Certificate of Mailing(Form 3817)and/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"A". Adam H.Davis,Esq.,Id.go.203034 Attorney for Plaintiff Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH#778788 Nanteand Plelem Hallinan,L'LP M rts Address 1617 3FK Bouleverd,Suite 140D �� o LV Of Sender One Penn Gcntcr Plaza o Philadelphia,PA 19103 AZK/MAN-09/04/2013 SALE Line Article Number Name of Addressee Street and Post Office Address Postage p 1 ••+• TENANTIOCCUPAI\'T $0.45 iH 1288 SUM MITVIEIVCOURT NEW CUMBERLAND.PA 17070-2?�__.�.. x, tl—2 •'•* BEACON HILLCOMMUNITYASSOCIATION,INC. SO.t45 3800 MARKET STREET eLran° CAMP 131LL PA 17011 _. _ __ f3a0 3 '�'' CITIMORTGAGE,INC $0.45 1000 TECHNOLOGY DRIVE MS321 gFALLON MO 63368 4 •f a• EQUIFIRST CORPORATION 50.45 500 FOREST POINT CIRCLE Jr � CHARLOTTE,NC 28273 5 FiQUIFIRST CORPORATION ATTN:COLLATERAL 111 $0.45 500 FOREST POINT CIRCLE \ CHARLOTTE NC 28273 6 •s a EQUIFIRST CORPORATION ATTN:DONALD GALBREATH $0.45 500 FOREST POINT CIRCLE CHARLOTTE NC 28273 7 :**• MERS AS A NOMINEE FOR CITIMORTGAGE,INC. $0.45 P.O.BOX 2826 FLINT MI 48541-2026 4*+* MERS AS A NON11NEE FOR FQUIFIRST CORPORATION SOAS P.O.BOX 2026 FLINT MI 48501-20D 9 ++`• M£RS,INC. $0.45 190t f VOORIIEES STREET,SUITE C DANVILL IL61834 10 '`"' PA DEPARTMENT OF REVENUE BUREAU OF COMPLIANCE $0.45 P.O.BOX 280946 HARRISBURG PA 17128-0946 11 •*•* PA DEPARTMENT OF REVENUE BUREAU OF COMPLIANCE $0,43 P.O.BOX 280948 HARRISBURG PA 17128.0948 RE:NORMAN D.ROSE A/K/A NORMAN ROSE(CUMBERLAND) PHS 4 28495611021 Page i of 2 Writ Team 1da1 N,vsb.r of imM of P.eoee Povrnaaa,.W.r{Name of 71r:fall dae}antien of value es mpvired on all dsmaiiemxl ieacmatioral ee6ixucd moil.The maain.m iedemsitypayable picas lined by Seeder keaied at Pau O(G" Ft"rivnR Emrtogx) rot awrec4nsnxian or nnnneediatte decantass wAo f•_xvm Mail daumm recoistna:tim in—is 550.003m pteee subjctl to a Gm2 ofS5t0,0)0 fa acztrrtOtt.71x muiavm indermify pa}abk on Ezlrzss tvlail ncxhardisc is SS03. 1b msauaum intemaitypays0le is R5,II00 tar repsuC,d mad,stmt with opt mnl mivnaxc.Sec uw,.Vx Mal.u im 8900 591 S oef S921(or imirariem ofco.ns Form 3877 Facsimile Wstnic mid Phelan I I A4drcst ..... Boulevard,Suite 1400 Of Sender One Ptnn Center Plaza Philaddphia,PA 19103 AZKJMAN-0910472013 SALE 1,1-qc Ankle Number Name o(Addresset,Street,and Post Office Address postmRc DOMESTIC RELA11ONS OF SOAS CUMBERLAND COUNTY 13 NORTH HANOVER STREVI' CARLISLE PA 17013 COMMONWFALTH OF PENNSYLVANIA DEPARTMENT CIF WELFARE P.O.BOX 2675 A HARRISBURG,PA 17105 3 INTERNAL REVENUE SERVICE ADVISORY $0.45 3000 LIBERTY AVENUE ROOM 704 pjr.rS8VRGH,PA 15222 4 US.JDEP.ikRTMENT Of JUSTICE SOAS U.S.AMRNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING r. 228 WALK UT STREET,SUITE 220 FO BOX 11754 HARRISBURG A 17108-1754 , 1RE:NORMAN D.ROSE A/K/A NORMAN ROSE(CUMBERLAND) PAS 284956/1021 Page 2 of $6,75 2 Writ Tram T-1 tw—of Pkm tatted by send" R�indwtpmoffke P-eving FATII)-) to(&.mcms#wamoffmwgai3bk dxume-asindd tv=Mw1dKtwfflnt:ec%wAx60nin= *m ubjea to s Emit of$30).000 per a=wymc, rbe�lrwm lawazify p3y3bit Is SZ59W far rCv$U=dzAj1,amt wflhvkM9 fffiunm,STC Doffcoiz N10 Mirval , g1 p,6 P90 SMI and M)for 1imiwWn..f"n!qC. Form 3877 Facsimile aE Name and Phelan Haliinan,LLP iQr1 Address 1617 JFK Boulevard,Suite 1400 G7 i Of Sender One Penn Center Plaza Philadelphia,PA 19103 KVM ` o Line Article Number Name of Addressee,Street,and Past Office Address Postage 1 **•• NORMAN D.ROSE $0.46 eiRO1 MARY D.ROSE _ N"a 1288 SUMMIT VIEW COURT NEW CUMBERLAND PA 17070.2206 :►t 2 **** MARY D.ROSE $0.46 6350 HULEN BEND TERRACE APARTMENT 1307 FORT WORTH TX 76132 RE.NORMAN D.ROSE AXIA NORMAN ROSE(CUMBERLAND) PH#77878811200 Page I of $0.92 1 Totatrtumba of Taut J4umbaofPSeaea Pastnsmta,Ps(!tame of The fnll dcdastian of value is mquiscd on all damcsie and intanatiooal registasd mail.The n Pit=t.isted by Sender R-,,Vtd at Pas chine Reoeiviat Emplo)ee) for the mumstruaiea of avemcgotiable documents under Expmas Maul documcm rcwmtruction piece subjas to a limit of 5300,000 pa oecmraee.The maximum indemnity payable on Expre The maximum indemnity payable is 523,000 for moemd mail,sent with optional insurance S,:.:...—m moi manust 8900 5915 and S92J for limitations of mrera e. Form 3877 Facsimile' 778788 Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckerman @phelanhallinan.com 215-563-7000 CITIMORTGAGE, INC. • Court of Common Pleas Plaintiff • Civil Division vs. • • CUMBERLAND County • NORMAN D. ROSE A/K/A NORMAN ROSE : No.: 12-2606-CIVIL MARY D. ROSE • Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's July 29, 2013 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. NORMAN D. ROSE MARY D. ROSE A/K/A NORMAN ROSE 6350 HULEN BEND TERRACE MARY D. ROSE APARTMENT 1307 rn 0 _- 1288 SUMMIT VIEW COURT FORT WORTH, TX 76132 @E-;' r. NEW CUMBERLAND, PA 17070-2206 (nD?:mm f m l P•- .nHayan, DATE: (1'1,P B : All ..n F. Zuckerman, Esq., Id.No.309519 •ttorney for Plaintiff 778788 7 HE P RO-OFFIC`-~ j�-► IAIc� PHELAN HALLINAN,LLP 3A L,C, f , 10, v Attorney for Plaintiff One Penn Center Plaza ±l �DFRLAND Ct?A 1 Y 1617 HK Boulevard, Suite 1400 FIBS YLr tl, Philadelphia,PA 19103 . Jonathan.Lobb @phelanhallinan.com 215-563-7000 CITIMORTGAGE, INC. CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. CIVIL DIVISION NORMAN D. ROSE NO. 12-2606-CIVIL A/K/A NORMAN ROSE MARY D. ROSE Defendants MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff,by its counsel, Phelan Hallinan,LLP,petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above-captioned Defendants,NORMAN D. ROSE, A/K/A NORMAN ROSE and MARY D. ROSE,by certified mail and regular mail to NORMAN D. ROSE, A/K/A NORMAN ROSE at 1288 SUMMIT VIEW COURT,NEW CUMBERLAND, PA 17070-2206, and MARY D. ROSE at 1288 SUMMIT VIEW COURT, NEW CUMBERLAND; PA 17070-2206 and posting 1288 SUMMIT VIEW COURT,NEW CUMBERLAND, PA 17070-2206 and publication pursuant to PA.R.C.P. 3129.2 (D),and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for September 4, 2013. 2. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) 3129.2 requires that the Defendants be served with a notification of Sheriffs Sale at least thirty (30) days a prior to the scheduled sale date. 3. Attempts to serve Defendants,NORMAN D. ROSE, A/K/A NORMAN ROSE and MARY D. ROSE,with the Notice of Sale at the mortgaged premises, 1288 SUMMIT VIEW COURT,NEW CUMBERLAND, PA 17070-2206, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A".No service made as the property is vacant. 4. Attempts to serve Defendant, MARY D. ROSE,with the Notice of Sale at6350 HULEN BEND TERRACE, APT 1307, FORT WORTH, TX 76132, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A".No service was made as the Defendant does not reside at the said address. 5. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendants. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". 6. Plaintiff contacted the Prothontary's Office and as of July 25, 2013, no Judge has previously entered a ruling in this case. 7. In accordance with CUMBERLAND County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendants on August 1, 2013 and requested Defendants' concurrence. Plaintiff did not receive any written response from the Defendants. A true and correct copy of Plaintiffs August 1, 2013 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 8. Plaintiff submits that it has made a good faith effort to locate the Defendants, NORMAN D. ROSE,A/K/A NORMAN ROSE and MARY D. ROSE,but has been unable to do so... WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale upon Defendants in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to NORMAN D. ROSE, A/K/A NORMAN ROSE at 1288 SUMMIT VIEW COURT,NEW CUMBERLAND,PA 17070-2206, and MARY D. ROSE at 1288 SUMMIT VIEW COURT, NEW CUMBERLAND, PA 17070-2206 and posting 1288 SUMMIT VIEW COURT,NEW CUMBERLAND, PA 17070-2206 and by publication. Phelan Hallinan, LL DATE: _ / By: 'X.JV J , athan Lobb, Esquire Bar ID No: 312174 . Attorney for Plaintiff PHELAN HALLINAN,LLP Attorney for Plaintiff One Penn Center Plaza 1617 HK Boulevard,Suite 1400 Philadelphia,PA 19103 Jonathan.Lobb @phelanhallinan.com 215-563-7000 CITIMORTGAGE, INC. CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. CIVIL DIVISION NORMAN D. ROSE NO. 12-2606-CIVIL A/K/A NORMAN ROSE MARY D. ROSE Defendants PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or-Process Server to serve upon the Defendants Notice of the Sale of the mortgaged premises. Specifically, Pa.R.C.P. Rule 3129.2(c) provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402(a) for the service of original process upon a defendant;or (B) by the plaintiff mailing a copy in the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if service cannot be made as provided in subparagraph(A) or (B),the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendants,NORMAN D. ROSE,A/K/A NORMAN . ROSE and MARY D. ROSE, are unknown, a reasonable investigation of their.last known address was made in accordance with Pa.R.C.P. 430(a). Pennsylvania Rule of Civil Procedure Rule 430(a)provides as follows: (a) 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. Note: A sheriff's return of"not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales v. Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a"good faith effort" to discover the correct address. Adoption of Walker,468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2)inquiries of relatives, neighbors, friends, and employers of the defendant, and(3)examinations of local telephone directories, voter registration records, local tax records and motor vehicle records. As indicated by the of return of service, hereto as Exhibit "A", the process server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendants has been made as evidenced by the attached Affidavit of Reasonable Investigation,marked as Exhibit "B". WHEREFORE, Plaintiff respectfully requests the allowance of service of the Notice of Sale upon Defendants in accordance with Pa.R.C.P. Rule 430 by certified and regular mail to NORMAN D. ROSE,A/K/A NORMAN ROSE at 1288 SUMMIT VIEW COURT,NEW CUMBERLAND, PA 17070-2206, and MARY D. ROSE at 1288 SUMMIT VIEW COURT, NEW CUMBERLAND, PA 17070-2206 and posting 1288 SUMMIT VIEW COURT,NEW CUMBERLAND, PA 17070-2206 and by publication pursuant to PA.R.C.P. 3129.2. Phelan Hallinan, LP DATE: LL- Anathan By: Lobb, Esq., Id.No.312174 Attorney for Plaintiff PHELAN HALLINAN,LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard,Suite 1400 Philadelphia,PA 19103 Jonathan.Lobb @phelanhallinan.com 215-563-7000 CITIMORTGAGE, INC. CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. CIVIL DIVISION NORMAN D. ROSE NO. 12-2606-CIVIL A/K/A NORMAN ROSE MARY D. ROSE Defendants CERTIFICATE OF SERVICE I hereby certify that true and correct copies of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court,Proposed Order, Memorandum of Law, Certification of Service and Exhibits in the above captioned matter were sent by first class mail,postage prepaid to the following interested parties on the date indicated below. NORMAN D. ROSE 1288 SUMMIT VIEW COURT NEW CUMBERLAND, PA 17070-2206 MARY D. ROSE 1288 SUMMIT VIEW COURT NEW CUMBERLAND, PA 17070-2206 Phelan Hallinan, LLP DATE: B : l3 3 y Jo athan Lobb, Esq.,Id.No.312174 Attorney for Plaintiff EXHIBIT "A" AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY CITIMORTGAGE,INC. PITS 11284956 DEFENDANT SERVICE TEAM/lxh NORMAN D.ROSE A/K/A NORMAN ROSE COURT NO.-12-2606-CIVIL MARY D.ROSE ' SERVE NORMAN D.ROSE A/K/A NORMAN ROSE AT: TYPE OF ACTION 1288 SUMMIT VIEW COURT XX Notice of Sheriff's Sale NEW CUMBERLAND,PA 17070-2206 SALE DATE: September 4,2013 SERVED Served and made known to NORMAN D.-ROSE AWA NORMAN RO-$E. Defendant on the day of ,2A_at o'clock_.M.,at ,in the manner described below: _Defendant personally served. —Adult family member with whom Defendant(s)reside(s). Relationship is _Adult in charge of Defendant's residence who refused to give name or relationship. _Manager/Clerk of place of lodging in which Defendants)reside(s), _Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company: Other. Description: Age Height Weight Race- Sex Other I, . :. ;a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein,issued in the captioned case on the date and at the address . indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S.Sec.4904 relating to unworn falsification to authorities. DATE: NAME: PRINTED NAME:. TITLE:. �, On the day of.���'' 20--at. o'cloc M.,I, U�Uhcv P4 a competent adult hereby 3",t that„�enddant. JUNMecause: Vacant _.Does Nut:Exist _Moved _Does Not Reside(Not Vacant) —No Answer on at at Service Refused Other. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. BY: ' > - PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,UP 16171FK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY CITIMORTGAGE,INC. PHS#284956 DEFENDANT SERVICE TEAM/Ixh NORMAN D.ROSE A/K/A NORMAN ROSE COURT NO.:12-2606-CIVIL MARY D.ROSE SERVE MARY D.ROSE AT: TYPE OF ACTION 1288 SUMMIT VIEW COURT XX Notice of Sheriffs Sale NEW CUMBERLAND,PA 17070-2206 SALE DATE: September 4,2013 SERVED Served and made known to MARY D.ROSE,Defendant on the day of ,20,1 at o'clock!.M.,at _ in the manner described below: _Defendant personally served. Adult family member with whom Defendant(s)reside(s). Relationship is _Adult in charge of Defendant's residence who refused to give name or relationship. _Manager/Clerk of place of lodging in which Defendant(s)reside(s). Agent or person in charge of Defendant's office or usual place of business. .an officer of said Defendant's company. Other: Description: Age Height Weight Race Sex Other a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of IS Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DATE. NAME:. PRINTED NAME: TITLE: V D On ; U 20 ai [7_. t '�, f the. da of o'clock M,I t&i11 ,a competent adult hereby stitte That: a entlYaritl�"C5'fT'b�1�3`5'ecause; jt Vacant Does,Noth.,xist: Moved _Does Not Reside(Not Vacant) _No Answer on at at _Service Refused Other. I understand that.this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. PRINTED NAME-.:�7tv'(k ft'+ ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 IFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY CITIMORTGAGE,INC. PHS#284956 DEFENDANT SERVICE T96W lx NORMAN D.RUSE AIWA NORMAN ROSE COURT N0—*12-2406•CML MARY D.ROSE ' SERVE MARY D.ROSE AT: TYPE OF ACTION 6350 HULEN BEND TERRACE XX Notice of Sheriff'a Sale APARTMENT 1307 SALE DATE: September 4,2013 FORT WORTH,TX 76132 SERVED Served and made known to MARY D.R SE Defendant on the,day of __ 20,,,_,at obioek_.M.,at in the manner described below: Defendant personally served. _.Adult family member with whom Defendants)reside(s). Relationship is _Adult in charge of Defendant's residence who refused to give name or relationship. _,Manager/Clerk of place of lodging in which Defendant(s)reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: . Description: Age Height Weigh Race Sex Other I, a competent adult,being duly sworn according to law,depose and state that-1 personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of 2Q__, Notary: By: � SAD On.thc. da of. 20;3,at;3'•_SO:o'clocl f-.M.,1,'��(S1M '.,.a competent adult hereby state Ui�t eit ant (. — Vacant _Does Not Exist 'Moved Does Not Reside(Not Vacant) —No Answer on at ht, Service Refused' Other. Sworn to and su bed bef re e this day ofs 0 Tly:, 'A �SGlfbl(zZC� Notary:I Ot2NRY l 1t I1VTJt S� Phetan Hallinan,U 1617 JFX Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 PATRICIA ANN KELLY fir Notary Public,State of Texas $ + My Commission Expires yryy� , February 04, 2017 i I EXHIBIT "B " AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 284956 Attorney Firm: Phelan Hallinan,LLP Subject: Norman D.Rose&Mary D.Rose Property Address: 1288 Summit View Court,New Cumberland,PA 17070 Possible Mailing Address: (Mary D.Rose)6350 Hulen Bend Terrace,Apartment 1307,Fort Worth,TX 76132 I.CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Norman D.Rose-xxx-xx-6080 Mary D.Rose-xxx-xx-6120 B. EMPLOYMENT SEARCH Norman D.Rose&Mary D.Rose-A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Norman D.Rose reside(s)at:1288 Summitview Court,New Cumberland,PA 17070&Mary D.Rose reside(s) at:6350 Hulen Bend Terrace,Apartment 1307,Fort Worth,TX 76132. II.INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases,which indicated that Mary D.Rose reside(s)at:6350 Hulen Bend Terrace,Apartment 1307,Fort Worth,TX 76132,which is an Apartment Complex,however had no listing for Norman D.Rose. On 06-17-13 our office made several telephone calls to the subject's phone number(717)774-1001 and received the following information:no answer. B. On 06-17-13 our office made several telephone calls to a possible phone number of the subject(s)(717)602-3288 and received the following information:answering machine.On 06-17-13 our office made several telephone calls to a possible phone number of the subject(s)(717)774-4850 and received the following information:answering machine. III.INQUIRY OF NEIGHBORS On 06-17-13 our office made a phone call in an attempt to contact Melvin J.Gross(717) 774-1781,1290 Summitview Court,New Cumberland,PA 17070:not in service. On 06-17-13 our office made several phone calls in an attempt to contact Jan L.Wolf(717) 770-0886,1286 Summitview Court,New Cumberland,PA 17070:answering machine. On 06-17-13 our office made a phone call in an attempt to contact Theresa D.Christ(717) 770-0439,1272 Summitview Court,New Cumberland,PA 17070:not in service. On 06-17-13 our office made several phone calls in an attempt to contact Tiffanie D.Wyatt (817)294-8535,6350 Hulen Bend Terrace,Apartment 1316,Fort Worth,TX 76132: answering machine. On 06-17-13 our office made several phone calls in an attempt to contact Emiko J.Floyd (682)224-3169,6350 Hulen Bend Terrace,Apartment 1307,Fort Worth,TX 76132: answering machine. On 06-17-13•our office made several phone calls in an attempt to contact James R.Eyskens (512)282-3740,6350 Hulen Bend Terrace,Apartment 1319,Fort Worth,TX 76132: answering machine. IV.ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 06-17-13 we reviewed the National Address database and found the following information:Norman D.Rose-1288 Summitview Court,Lower Allen,New Cumberland, PA 17070&Mary D.Rose-6350 Hulen Bend Terrace,Apartment 1307,Fort Worth,TX 76132. B. ADDITIONAL ACTIVE MAILING ADDRESSES " Per our inquiry of creditors,the following is a possible mailing address: (Mary D.Rose) 6350 Hulen Bend Terrace,Apartment 1307,Fort Worth,TX 76132&(Norman D.Rose) 1288 Summit View Court,New Cumberland,PA 17070. V. OTHER INQUIRIES A. DEATH RECORDS As of 06-17-13 Vital Records and all public databases have no death record on file for Norman D.Rose&Mary D.Rose. VI.ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Norman D.Rose-1931 Mary D.Rose-1931 B. A.K.A. Norman Dane Rose Mary Dolores Rose *Our accessible databases have been checked and cross-referenced for the above named individual(s). *Please be advised our database information indicates the subject resides at the current address. I hereby verify that the statements made herein are true and correct to the best of my knowledge,information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S.Sec.4904 relating to unsworn falsification to authorities. /� 1 r The above information is obtained.from available public records and we are only liable for the cost of the affidavit. E11A ld�1T 6G A'L� 99 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail lily.hainey@,phelanhallinan.com LILY HAINEY,Legal Assistant, Ext. 1401 Representing Lenders in Service Department Pennsylvania August 1, 2013 MARY D. ROSE 1288 SUMMIT VIEW COURT NEW CUMBERLAND, PA 17070-2206 RE: CITIMORTGAGE, INC. v.NORMAN D. ROSE and MARY D. ROSE Premises Address: 1288 SUMMIT VIEW COURT,NEW CUMBERLAND,PA 17070- 2206 CUMBERLAND County,No. 12-2606-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by August 8, 2013. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, LILY HAINEY,Legal Assistant for Phelan Hal.linan,LLP 778788 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail lily.haineygphelanhallinan.com LILY HAINEY, Legal Assistant, Ext. 1401 Representing Lenders in Service Department Pennsylvania August 1, 2013 NORMAN D. ROSE,A/K/A NORMAN ROSE 1288 SUMMIT VIEW COURT NEW CUMBERLAND, PA 17070-2206 RE: CITIMORTGAGE, INC. v.NORMAN D. ROSE and MARY D. ROSE Premises Address: 1288 SUMMIT VIEW COURT,NEW CUMBERLAND,PA 17070- 2206 CUMBERLAND County,No. 12-2606-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week,by August 8, 2013. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, LILY HAINEY,Legal Assistant for Phelan Hallinan,LLP 778788 V y O M Name and Phelan Hallinan LLP O o Address 1617 JFK Boulevard,Suite 1400 N Of Sender One Penn Center Plaza Q• p�G p Philadelphia,PA 19103 LXH I O M Pos a a -- Line Article Number Name of Addressee,Street,and Post Office Address ,l UJ 40 � 1 **** $0.45' . .- 0 2 **** NORMAN D.ROSE A/K/A NORMAN ROSE $0.45 1` 0)r-M 1288 SUMMIT VIEW COURT 41NO o NEW CUMBERLAND,PA 17070-2206 tv o a 3 **** MARY D.ROSE $0.45 1288 SUMMIT VIEW COURT NEW CUMBERLAND PA 17070-2206 RE: NORMAN D.ROSE A/K/A NORMAN ROSE(CUMBERLAND) TEAM 4 PH#778788/1021 $1.35 Pa e1ofI Total Number of Total Number of Pieces Postmaster,Per(Name of The full declaration of value is required on all domestic and international registered mail. The maximum indemnity payable Pieces Listed by Sender Received at Post Office Receiving Employee) for the reconstruction of nonnegotiable documents under Express Mail document reconstruction insurance is$50,000 per piece subject to a limit of$500,000 per occurrence. The maximum indemnity payable on Express Mail merchandise is$500. The maximum indemnity payable is$25,000 for registered mail,sent with optional insurance. See Domestic Mail Manual R900 5913 and S921 for limitations of coverage. ***CONCURRENCE LETTER** LXH 778788 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA • CITIMORTGAGE, INC. • CIVIL DIVISION • Plaintiff • NO. 12-2606-CIVIL • v. • • NORMAN D. ROSE • A/K/A NORMAN ROSE MARY D. ROSE Defendants ORDER AND NOW, this he day of Al w v , 2013, after consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendants NORMAN D. ROSE, A/K/A NORMAN ROSE and MARY D. ROSE by: REGULAR MAIL TO NORMAN D. ROSE, A/K/A NORMAN ROSE at 1288 SUMMIT VIEW COURT,NEW CUMBERLAND, PA 17070-2206, and MARY D. ROSE at 1288 SUMMIT VIEW COURT,NEW CUMBERLAND, PA 17070-2206 Service by mail is complete upon the date of mailing CERTIFIED MAIL TO NORMAN D. ROSE, A/K/A NORMAN ROSE at 1288 SUMMIT VIEW COURT,NEW CUMBERLAND, PA 17070-2206, and MARY D. ROSE at 1288 SUMMIT VIEW COURT,NEW CUMBERLAND, PA 17070-2206 Service by mail is complete upon the date of mailing t.../ POSTING 1288 SUMMIT VIEW COURT,NEW CUMBERLAND, PA 17070-2206 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). BY THE CO 'T: • J. PH# 778788 CC"PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 NORMAN D. ROSE A/K/A NORMAN ROSE, and MARY D. ROSE 1288 SUMMIT VIEW COURT,NEW CUMBERLAND, PA 17070-2206 't 1 Copy Q/IA ._... Phelan Hallman,LLP 't71'WHEY FOR PLAINTIFF Jonathan Lobb,Esq.,Id.No.312174 AUG � 1617 JFK Boulevard, Suite 1400 �S rUM L�l One Penn Center Plaza t, Philadelphia,PA 1.9103 Jonathan.Lobb @phelanhallinan.com 215-563-7000 CITIMORTGAGE,INC. Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County NORMAN D.ROSE AIKIA NORMAN ROSE No.: 12-2606-CIVIL MARY D. ROSE Defendants MOTION TO MAKE RULE ABSOLUTE CITIMORTGAGE, INC.,by and through its attorney,hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on July 25, 2013. 2. In accordance with Cumberland County Local Rule 208.3(9),Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on July 16, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued by the Honorable Kevin A. Hess on or about July 29, 2013 directing the Defendants to show cause by August 19, 2013 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on August 7, 2013 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto,made part hereof, and marked Exhibit C. 778788 5. Defendants failed to respond or otherwise plead by the Rule Returnable date August 19, 2013. of WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan, LLP DATE: By: - Jon than�Lobhb,Esq.,I�41T-. . Attorney for Plaintiff 778788 Exhibit "A" 778788 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 -Philadelphia,Pik 1,91n3 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders.in Pennsylvania ;l;ul_y-16i-20,1 NORMAN D. ROSE A/K/A NORMAN ROSE MARY D. ROSE 1288 SUMMIT VIEW COURT NEW CUMBERLAND, PA 17070-2206 RE*i CITIMORTGAGE,INC. v.NORMAN D.ROSE,A/K/A NORMAN ROSE and MARY D. ROSE Premises Address: 1288 SUMMIT VIEW COURT NEW CUMBERLAND,PA 17070 CUMBERLAND County CCP,No. 12-2606-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment.Please respond to me within 5 days, by 7/22/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Ve my y : s J is lian , .;.Elkowse7,,Esq.,Id.No.208786 Att`c�T-hejr for Plaintiff Enclosure 778788 o � Name and Phelan Hallman,LLP N o Address 1617 JFK Boulevard,Suite 1400 8 Of Sender One Penn Center Plaza mo Philadelphia,PA 19103 KVM w Line Article Number Name of Addressee,Street,and Post Office Address Postage t c 1 rrr« NORMAN D.ROSE $0.46 _ °i��' MARY D.ROSE j �.i No°o 1288 SUMMIT VIEW COURT NEW CUMBERLAND PA 17070-2206 :lt 2 a««• MARY D.ROSE $0.46 6350 HULEN BEND TERRACE APARTMENT 1307 FORT WORTH TX 76132 RE:NORMAN D.ROSE A/K/A NORMAN ROSE(CUMBERLAND) PH#77878811200 Page 1 of $0.92 1 Total Number of Teal Number of Pieces Posmraatc,Per(Name of The full declaration of value is required mall domestic and international registered mail.The d Pica Lsled by Sender Received at Pmt Office Receiving Employee) for the reconstruction of nonnegotiable document under Up—Marl document reconstruction piece subject to a limit ofS500,000 per mcu reroc.The maximum indemnity payable on Exprc - - - The maximum indemnity payable is 525,000 for registered mail,smt with optional insurarre Sw mama, R900 5913 and 5921 for limitations ofwvmRc. Form 3877 Facsimile 778788 Exhibit "B" _ .. 778788 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CITIMORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County NORMAN D. ROSE A/K/A NORMAN ROSE No.: 12-2606-CIVIL MARY D. ROSE Defendants �} l� RULE AND NOW,this ' 1 day of 2013, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court,Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT —k ;,., ej J. 778788 Exhibit "C" .778788 _ Phelan Hallinan, LLP ? Allison F. Zuckerman, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 allison.zuckerman @phelanhallinan.com 215-563-7000 CITIMORTGAGE, INC. Court of Common Pleas Plaintiff • vs. Civil Division NORMAN D. ROSE CUMBERLAND County A/K/A NORMAN ROSE MARY D. ROSE No.: 12-2606-CIVIL Defendants CI i 1l 111TICA'll'.iON.OF Srf2VIC1 I hereby certify that a true and correct copy of the Court's July 29, 2013 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. c-) ..,;: .•�r [- p a - NORMAN D. ROSE :tea C= TY A/K/A NORMAN ROSE MAID ' I?. R(751r '. •-n r. 6350 HULEN B ND TI RI ! :ate;, MARY D. ROSE rb `i 1288 SUMMIT VIEW COURT APARTMENT 1307 FOR V�70R ITIx TX 7613 =NI1W CUMBERLA:N PA-�1.g07D-2 6 2 P iel��1IIa;1 an, DATE: . Al n F. Zuckerman, Esq.,M7 14o.309519 ttorn:ey for Plaintiff 778788 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanliallinan.com 215-563-7000 CITIMORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County NORMAN D. ROSE A/K/A NORMAN ROSE No.: 12-2606-CIVIL MARY D. ROSE Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. NORMAN D. ROSE MARY D. ROSE A/K/A NORMAN ROSE 6350 HULEN BEND TERRACE MARY D. ROSE APARTMENT 1307 1288 SUMMIT VIEW COURT FORT WORTH, TX 76132 NEW CUMBERLAND, PA 17070-2206 // Phelan Hallinan, LLP DATE: By: J athan Lo bb, Esq.,Id. No.312174 Attorney for Plaintiff 778788 . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA CITIMORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division VS. c _ s CUMBERLAND CM MOD, �.t ,. NORMAN D. ROSE : 4M r- A/K/A NORMAN ROSE No.: 12-2606-CIVIIsnr- MARY D. ROSE rte-= ° - C =C) Defendants , t � n ORDER AND NOW, this 28- day of X-L! , 2013, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $151,634.72 Interest Through September 4,2013 $9,653.36 Late Charges $147.06 Legal fees $2,100.00 Cost of Suit and Title $1,118.75 Property Inspections $135.00 Property Preservation $492.29 Appraisal/Brokers Price Opinion $471.00 Escrow Deficit $3,689.48 TOTAL $169,441.66 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY TH OURT: A4'( J. kou J. Mb2ma<� ��. 778788 g/2B/i3 -- t T-/rl PILLU- F109 t HE PRO f I''V�)fir f PHELAN HALLINAN, LLP fl $ Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Perm Center Plaza PENNSYLVANIA Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. : CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS vs. CIVIL DIVISION NORMAN D. ROSE NO. 12-2606-CIVIL A/K/A NORMAN ROSE MARY D. ROSE Defendants AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail,return receipt requested,to NORMAN D. ROSE A/K/A NORMAN ROSE and MARY D. ROSE on SEPTEMBER 3, 2013 in accordance with the Order of Court dated AUGUST 16,2013. The property was posted on SEPTEMBER 8, 2013. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. Phelan H ai LLP DATE: IIL7�/-2 By: John NXetrael Kolesnik, Esq., Id. No.308877 Atto ey for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CITIMORTGAGE,INC. CIVIL DMSION Plaintiff NO. 12-2606-CIVIL • V. NORMAN D.ROSE A/K/A NORMAN ROSE MARY D.ROSE Defendants ORDER - AND NOW,this day of 10i A g1j s ,2013,after consideration of Plaintiffs Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa.R.C.P.430(a),service of the Notice of Sale is permitted on Defendants NORMAN D.ROSE,A/K/A NORMAN ROSE and MARY D. ROSE by: ✓ REGULAR MAIL TO NORMAN D.ROSE A/K/A NORMAN ROSE at 1288 SUMMIT VIEW COURT,NEW CUMBERLAND, PA 17070-2206,and MARY D.ROSE at 1288 SUN041T VIEW COURT,NEW CUMBERLAND,PA 17070-2206 Service by mail is complete upon the date of mailing ROSE at 1288 SUMMIT VIEW COURT,NEW CUMBERLAND, PA 17070-2206,and MARY D.ROSE at 1288 SUMMIT VIEW COURT,NEW CUMBERLAND,PA 17070-2206 / Service by maid is complete upon the date of mailing ✓ POSTING 1288 SUMMIT VIEW COURT NEW CUMBERLAND,PA 17070-2206 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P.3129.2(D). • BY THE COURT: J. • PH It 778788 CC PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 Philadelphia,PA 19103 NORMAN D.ROSE A/K/A NORMAN ROSE,and MARY D.ROSE 1288 SUMMIT VIEW COURT,NEW CUMBERLAND,PA 17070-2206 C-) rn� G r nr � a �z N z to w N p oo -t 0� un w •t jo !+� N CC AD B � C� bob � o b ZNz � NK � y � � �00 00 fD r ncn cf'� ` a z CD m =i m � 0 roar °CD °° X < 7y 10 < m to ti p tTj p o n n wiz D D -: H v� vX � � n o � o � = x a o o b O "1 CD CD O P6 CD n r C (/Q r :v J• P, U.S.POSTAGE>>PITNEYBOWES ZIP 19103 $ Q'()2.400 02 1 VV 0001381191SEP. 03. 2013 7178 2817 6099 07,gq 0572 LNM/778788 MARY D. ROSE 1288 SUMMIT VIEW COURT NEW CUMBERLAND, PA 17070-2206 --fold here(regular) --fold here(6x9) --fold here(regular) r USPS.comV-USPS TrackingTM Page I of I English Customer Service LISPS Mobile Register I Sign In Agusps.1100K Search LJSPS.com or Track Packages Quick Tools Ship a Package Send Mail Manage Your Mail Shop Business Solutions g TM Customer Service> USPS Trackin Have questions?We're here to help. .................. ........... ............. ......................................... .......... ....................... . ....... ... ....... Tracking Number:71782417609901440572 Scheduled Delivery Day.September 6,2013 Product & Tracking Information Available Options Postal Product: Features: First-Class Mail Certified Mail- Return Receipt Electronic ..........- .................. DATE&,VIME STATUS Of ITEM .: LikCATIGII September 6,2013,10:IS Processed through PHILADELPHIA,PA 19176 pm USPS Sort Facility Depart USPS Sort LANCASTER,PA 17604 September 6,2013 Facility September 6,2013,3:06 Processed through LANCASTER,PA 17604 pm USPS Sort Facility September 3,2013 Depart USPS Sort PHILADELPHIA,PA 19176 Facility September 3,2013,11:24 Processed at USPS PHILADELPHIA,PA 19176 pm Origin Sort Facility September 3,2013,6:27 Dispatched to Sort pm Facility PHILADELPHIA,PA 19102 September 3,2013,4:32 Acceptance PHILADELPHIA,PA 19102 pm September 3,2013 Electronic Shipping Info Received ................. ...........................................-............................... .... .........- . .................................... ................................................................... ....................... ... ......................... Track Another Package Where your tracking(or receipt)number? .......... Track It ..............- LEGAL ON USPS.COM ON ABOLIT.USPS.COM OTHER USPS SITES Privacy Policy> Govemment Services, About USPS Home, Business Customer Gateway Terms of Use l Buy Stamps&Shop, Newsroom> Postal Inspectors, FOIA, Print a Label with Postage> USPS Service Alerts> Inspector General No FEAR Ac,EEO Data, Customer Service, Forms&Publications, Postal Explorer, Delivering Solutions to the Last Mile, Careers Sde Index, dffLj5P5JC*W Copyright 2013 USPS.All Rights Resefvea, https://tools.usps.com/go/TrackConfimiAction.action?tLabels=71782417609901440572 11/27/2013 7175 2477 6099 07gq 0565 LNM/778788 NORMAN D. ROSE 1288 SUMMIT VIEW COURT NEW CUMBERLAND, PA 17070-2206 --fold here(regular) --fold here(6x9) --fold here(regular) USPS.com® -USPS TrackingTM Page 1 of 2 English Customer Service USPS Mobile Register!Sign In AOUSPI OM Search USPS.com or Track Packages Quick Tools Ship a Package Send Mail Manage Your Mail Shop Business Solutions ............... TM Customer Service) USPS Tracking Have questions?We're here to help. ...... .__... _ Tracking Number:71782417609901440565 Scheduled Delivery Day:September 5,2013 Product & Tracking Information Available Options Postal Product: Features: Return Receipt Electronic First-Class Mail® Certified Mail September 9,2013,7:00 Delivered PHILADELPHIA,PA 19103 am September 7,2013,11:30 Available for Pickup PHILADELPHIA,PA 19103 am September 7,2013,10:11 Arrival at Unit PHILADELPHIA,PA 19104 am September 6,2013,10:16 Processed through PHILADELPHIA,PA 19176 pm USPS Sort Facility September 6,2013 Depart USPS Sort LANCASTER,PA 17604 Facility September 5,2013,3:06 Processed through LANCASTER,PA 17604 pm USPS Sort Facility September 3,2013 Depart USPS Sort PHILADELPHIA,PA 19176 Facility September 3,2013,11:24 Processed at USPS PHILADELPHIA,PA 19176 pm Origin Sort Facility September 3,2013,6:27 Dispatched to Sort PHILADELPHIA,PA 19102 Pitt Facility September 3,2013,4:32 Acceptance PHILADELPHIA,PA 19102 prn September 3,2013 Electronic Shipping Info Received .................. . ......... _............ ............ ......... _..._. _..... .. Track Another Package What's your tracking(or receipt)number? .... Track It .... . ......... .......... ..._._..... LEGAL ON USPS.COM ON ABOUT.USPS.COM OTHER USPS SITES Privacy Policy Government Services, About USPS Home, Business Customer Gateway, https://tools.usps.com/go/TrackConfirmAction.action?tLabels=71782417609901440565 11/27/2013 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY CITIMORTGAGE,INC. PH#778788 DEFENDANT SERVICE TEAM/sul NORMAN D.ROSE A/K/A NORMAN ROSE COURT NO.:12-2606-CIVIL MARY D.ROSE SERVE MARY D.ROSE AT: TYPE OF ACTION 1288 SUMMIT VIEW COURT XX Notice of Sheriff's Sale NEW CUMBERLAND,PA 17070-2206 SALE DATE:12/04/2013 ****PLEASE POST THE PROPERTY*** ***PLEASE POST THE PROPERTY PER THE COURT ORDER*** SERVED Served and made known to MARY D.ROSE,Defendant on the 9 day of � 20 i3,at C o'clock M.,at 1288 SUMMIT VIEW COURT,NEW CUMBERLAND,PA 17070-2206,in the manner described below: _Defendant personally served. Adult family member with whom Defendant(s)reside(s). Relationship is _Adult in charge of Defendant's residence who refused to give name or relationship. _Manager/Clerk of place of lodging in which Defendant(s)reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. XX Other: POSTED THE PROPERTY Description: Age Height Weight Race Sex Other I, fRi m ret"Ua competent adult,hereby verify that I personally posted the property with a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: �a13 NAME: / PRINTED NAME: TITLE: \(L* NOT SERVED On the da y of 20 ,at o'clock_.M.,I, a competent adult hereby state that DeTendant N —[iecause: Vacant Does Not Exist _Moved _Does Not Reside(Not Vacant) No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T.Phelan,Esq.,Id.No.32227 Francis S.Hallman,Esq.,Id.No.62695 Daniel G.Schmieg,Esq.,Id.No.62205 Michele M.Bradford,Esq.,Id.No.69849 Judith T.Romano,Esq.,Id.No.58745 Jenine R.Davey,Esq.,Id.No.87077 Lauren R.Tabas,Esq.,Id.No.93337 Jay B.Jones,Esq.,Id.No.86657 Andrew L.Spivack,Esq.,Id.No.84439 Chrisovalante P.Fliakos,Esq.,Id.No.94620 Courtenay R.Dunn,Esq.,Id.No.206779 Allison F.Zuckerman,Esq.,Id.No.309519 Melissa J.Cantwell,Esq.,Id.No.308912 Mario J.Hanyon,Esq.,Id.No.203993 John M.Kolesnik,Esq.,Id.No.308877 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY CITIMORTGAGE,INC. PH#778788 DEFENDANT SERVICE TEAM/sgl NORMAN D.ROSE A/K/A NORMAN ROSE COURT NO.: 12-2606-CIVIL MARY D.ROSE SERVE NORMAN D.ROSE A/K/A NORMAN ROSE AT: TYPE OF ACTION 1288 SUMMIT VIEW COURT XX Notice of Sheriff's Sale NEW CUMBERLAND,PA 17070-2206 SALE DATE: 12/04/2013 ****PLEASE POST THE PROPERTY*** ***PLEASE POST THE PROPERTY PER THE COURT ORDER*** SERVED Served and made known to NORMAN D. ROSE A/KIA NORMAN ROSE, Defendant on the day ofSG'�f��Mf3C1'L ,20 �a at VZ ,o'clock M.,at 1288 SUMMIT VIEW COURT,NEW CUMBERLAND,PA 17070-2206,in the manner described below: Defendant personally served. _Adult family member with whom Defendant(s)reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. _Manager/Clerk of place of lodging in which Defendant(s)reside(s). Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. XX Other: POSTED THE PROPERTY Description: Age Height Weight Race Sex Other I,/��`"" '� XA00ja competent adult,hereby verify that I personally posted the property with a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: « NAME: PRINTED NAME: TITLE: oCC�S Y�•� NOT SERVED On the da of 20_,at o'clock_.M.,I, a competent adult hereby state that�fendant because: Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T.Phelan,Esq.,Id.No.32227 Francis S.Hallman,Esq.,Id.No.62695 Daniel G.Schmieg,Esq.,Id.No.62205 Michele M.Bradford,Esq.,Id.No.69849 Judith T.Romano,Esq.,Id.No.58745 Jenine R.Davey,Esq.,Id.No.87077 Lauren R.Tabas,Esq.,Id.No.93337 Jay B.Jones,Esq.,Id.No.86657 Andrew L.Spivack,Esq.,Id.No.84439 Chrisovalante P.Fliakos,Esq.,Id.No.94620 Courtenay R.Dunn,Esq.,Id.No.206779 Allison F.Zuckerman,Esq.,id.No.309519 Melissa J.Cantwell,Esq.,Id.No.308912 Mario J.Hanyon,Esq.,Id.No.203993 °SHE'RIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson P,z+ ',� Sheriff �����rtn of GnshGr�f�jtG i�� �� , � Jody S Smith „p J� . � Chief Deputy Richard W Stewart Solicitor 4F.FICE OF FI'E SRERIFF c +' d S Y�_ ',�,t# CITIMORTGAGE, Inc. Case Number vs. 2012-2606 Norman D. Rose aka Norman Rose(et al.) SHERIFF'S RETURN OF SERVICE 06/24/2013 08:43 PM-Deputy Jason Kinsler, 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 1288 Summit View Court, Lower Allen Township, New Cumberland, PA 17070, Cumberland County. 07/16/2013 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: Norman D. Rose, 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 1288 Summit View Court, New Cumberland, PA 17070 property is vacant, defendant left forwarding with the post office of: 6350 Hulen Bend Terrace, Apt 1307, Fort Worth, TX 76132-3157. 07/16/2013 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: Mary D. Rose, 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 1288 Summit View Court, New Cumberland, PA 17070 property is vacant, defendant left forwarding with the post office of: 6350 Hulen Bend Terrace,Apt 1307, Fort Worth, TX 76132-3157. 07/29/2013 Ronny R. Anderson, Sheriff,who being duly sworn according to law, states that he served the within Real Estate Writ, Notice of Sheriffs Sale and Legal Description by certified mail, return receipt requested, to the within named defendant, to wit: Mary D. Rose, by mailing a copy of the within documents to the defendant's last known address of 6350 Hulen Bend Terrace, Fort Worth, TX 76132 on 7/17/13 The return receipt card was recieved by the Cumberland County Sheriffs Office on 7/29/13 signed by Mary D. Rose on unknown date, date field blank on Return Receipt Card. 08/13/2013 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: Nornam D. Rose,A/K/A Norman Rose, 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 6350 Hulen Bend Terrace, Fort Worth, TX 76132, Item returned" Unclaimed, Unable to Forward"on 8/12/13. 08/26/2013 As directed by Joseph Schalk,Attorney for the Plaintiff, Sheriffs Sale Continued to 1214/2013 12/04/2013 As directed by Joseph Schalk,Attorney for the Plaintiff, Sheriffs Sale Continued to 1/8/2014 01/08/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $775.33 SO ANSWERS, January 14, 2014 RbNW R ANDERSON, SHERIFF a2. a s�p�!• 57� l�li�aF (c)CountySuite Sheriff,TeleosoR,Inc. RW 306 y�L( On May 30, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA, Known and numbered as, 1288 Summit View Court, New Cumberland, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: May 30, 2013 ) By: Real Estate Coordinator LXII 30 CUMBERLAND LAW JOURNAL 07/26/13 2012-2606 Civil Term CITIMORTGAGE,INC. VS. NORMAN D. ROSE, aka Norman Rose,Mary D. Rose Atty.:Joseph Schalk By virtue of a Writ of Execution No. 12-2606-CIVIL,CITIMORTGAGE, INC. v. NORMAN D. ROSE a/k/a NORMAN ROSE, MARY D. ROSE ovmer(s) of property situate in the TOWNSHIP OF LOWER ALLEN, CUMBERLAND County, Pennsyl- vania, being 1288 SUMMIT VIEW COURT, NEW CUMBERLAND, PA 17070-2206. Parcel No. 13-25-0008-314. Improvements thereon:RESIDEN- TIAL DWELLING. Judgment Amount:$154,060.57. 91 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: July 26, August 2 and August 9, 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. —>v;.,- �� (�— i Marie Coy , Editor SWORN TO AND SUBSCRIBED before me this 9 day of August, 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 2B,2014 The Patriot-News Co. 1900 patriot Drive t4e atr1*0t'WXfW5 - rdet;hanicsburg; PA 17050 Inquiries - 717-255-8213 Now you know 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 Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the Controller 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 1900 Patriot Drive, 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 he 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 he 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. 2012-2606 Civil Term This ad ran on the date(s)shown below: CMMORTGAGE,INC. VS. 07/28/13 NORMAN D.ROSE,aka Norman Rose 08/04/13 Mary D.Rose Atry: Joseph Schalk 08/11/13 By virtue of a Writ Of Execution No. 12-2606-CIVIL CITIMORTGAGE,INC. V. RORMAN D. ROSE WA NORMAN Sworn .a d ubscribed b'fore e i da of August, 2013 A.D. MARY D.ROSE owner(s) of property situate in the TOWNSHIP OF LOWER ALLEN, CUMBERLAND County, Pennsylvania, Notary u llc being 1288 SUMMIT VIEW COURT, NEW CUMBERLAND,PA 17070-2206 Parcel No.13-25-U8-314 (Acreage or street address) dNWEALTH OF PENNSYLVANIA Improvements thereon: RESIDENTIAL Notarial Seal DWELLING Molly Lynn Warfel,Notary Public Judgment Amount:$154,060.57 WAthington Twp.,Dauphin County MY&ofin'tI55tan Ex Tres Dec.12,2016 NNYLVANTA ASSOCIATION OF NOTARIES PRAECIPE TO ENTER JUDGMENT PURSUANT TO COURT ORDER CITIMORTGAGE,INC. : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. •• NO.: 12-2606-CIVIL NORMAN D. ROSE A/K/A NORMAN ROSE MARY D. ROSE Defendant(s) • CUMBERLAND COUNTY PRAECIPE TO ENTER THE JUDGMENT PURSUANT TO COURT ORDER To the Prothonotary: Kindly Enter the Judgment per the Court Order dated August 28,2013 in favor of the Plaintiff and against Norman D.Rose a/k/a Norman Rose and Mary D.Rose,defendant(s). As Set Forth in the Order $169,441.66 ,i Phe/ allinan,LLP Jo or Michael Kolesnik, Esq., Id.No.308877 ttorney for Plaintiff ni l• l• ,1 Tome t-5 -'0 .-r St- a''\'\ COA r'3c c\ Co u Cp IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA CI1'IMORTGAGE, INC. • Court of Common Pleas Plaintiff Civil Division vs. • CUMBERLAND tanf} NORMAN D. ROSE m W rn '-` A/K/A NORMAN ROSE No.: 12-2606 Cl: w' � MARY D. ROSE co Defendants sr t . Q • Try .� y • ORDER c AND NOW,this agkclay of 441', 2013, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED,that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tune as follows: Principal Balance $151,634.72 Interest Through September 4,2013 $9,653.36 Late Charges $147.06 Legal fees $2,100.00 Cost of Suit and Title $1,118.75 Property Inspections $135.00 Property Preservation $492.29 Appraisal/Brokers Price Opinion $471.00 Escrow Deficit $3,689.48 TOTAL $169,441.66 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY .1'l:[F.: COURT: r � ` f ,%f�, • r 778788 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CITIMORTGAGE,INC. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION v. : NO.: 12-2606-CIVIL NORMAN D. ROSE A/K/A NORMAN ROSE MARY D. ROSE • Defendant(s) : CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due $169,441.66 Interest from 09/05/2013 to Date of Sale $7,603.05 ($27.85 per diem) TOTAL $177 044.71 P .41 Hallinan, LLP 'hn Michael Kolesnik,Esq., Id. No.308877 Attorney for Plaintiff Note: Please attach description of property. PH#778788 G t'"'ELV I 't°7 33 �, << ZCD lln . S � t Lt 1.71?)? 44,), btu 00• 120 3(Dlat-1,) r r `-4 t ~ G � � O o -�� � n '0 o t-f-',- \ o O � O�it 0 r i OO ce o 2b o r G x p 1 Z N p a o '2. - , d -d o '� t y z r f ti • LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of ground with improvements thereon erected situate in LOWER ALLEN TOWNSHIP,Cumberland County, Pennsylvania, more particularly bounded and described as follows,to wit: BEGINNING at a point being the northeast corner of Lot No. 24 of lands of Limited Common Area No. 2; thence along said lands South fifty-nine(59) degrees ten(10)minutes forty-five(45)seconds East thirty-four and zero one-hundredths(34.00)feet to a point; thence along said lands South fifty(50)degrees forty-eight (48)minutes fifteen(15) seconds West eighty-three and sixty-five one-hundredths (83.65)feet to a point; thence along the same North fifty-nine(59) degrees ten(10) minutes forty-five(45) seconds West thirty-four • and zero one-hundredths(34.00)feet to a point being the southeast corner of Lot No. 24;thence along Lot No. 24 and through a party wall North fifty(50)degrees forty-eight(48) minutes fifteen(15)seconds East eighty-three and sixty-five one-hundredths(83.65)feet to a point, being the place of BEGINNING. CONTAINING 2,841 square feet,more or less.BEING KNOWN and numbered as 1288 Surmnitview Court, New Cumberland,PA 17070. UNDER AND SUBJECT TO restrictions and conditions as now appear of record. TITLE TO SAID PREMISES IS VESTED IN Norman D. Rose and Mary D. Rose,h/w, by Deed from Norman D. Rose, married man, dated 02/07/2006,recorded 02/14/2006 in Book 273, Page 823. • PREMISES BEING: 1288 SUMMIT VIEW COURT,NEW CUMBERLAND,PA 17070-2206 • • PARCEL NO. 13-25-0008-314 • • PHELAN HALLINAN, LLP } t 3 Attorneys for Plaintiff John Michael Kolesnik, Esq., Id. No.3088:17 1617 JFK Boulevard, Suite 1400 2131 Li MAR -7 PH 2: One Penn Center Plaza Philadelphia, PA 19103 CUMBERLAND COUNTY John.Kolesnik @phelanhallinan.com PENNSYLVANIA 215-563-7000 CITIMORTGAGE, INC. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION v. : NO.: 12-2606-CIVIL NORMAN D. ROSE A/K/A NORMAN ROSE MARY D. ROSE Defendant(s) : CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled (X) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: P ela allinan,LLP ohn Michael Kolesnik,Esq.,Id.No.308877 Attorney for Plaintiff CITIMORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. C UMBE rRLAND COUNTY r E N N S Y LVA N j A NO.: 12-2606-CIVIL NORMAN D. ROSE A/K/A NORMAN ROSE • MARY D. ROSE • Defendant(s) CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE,INC.,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 1288 SUMMIT VIEW COURT,NEW CUMBERLAND,PA 17070-2206. 1. Name and address of Owner(s)or reputed Owner(s): Name •Address(if address cannot be reasonably ascertained, please so indicate) NORMAN D.ROSE 1288 SUMMIT VIEW COURT,NEW A/K/A NORMAN ROSE CUMBERLAND,PA 17070-2206 MARY D.ROSE 1288 SUMMIT VIEW COURT,NEW CUMBERLAND,PA 17070-2206 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) NORMAN D.ROSE 1288 SUMMIT VIEW COURT A/K/A NORMAN ROSE NEW CUMBERLAND,PA 17070-2206 MARY D.ROSE 1288 SUMMIT VIEW COURT NEW CUMBERLAND,PA 17070-2206 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained, please indicate) PA DEPARTMENT OF REVENUE BUREAU P.O.BOX 280946 OF COMPLIANCE HARRISBURG,PA 17128-0946 PA DEPARTMENT OF REVENUE BUREAU P.O. BOX 280948 OF COMPLIANCE HARRISBURG,PA 17128-0948 CITINIORTGAGE, INC. 1000 TECHNOLOGY DRIVE O'F:ALEON. MO 63368 PH# 778788 • 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) EQUIFIRST CORPORATION 500 FOREST POINT CIRCLE CHARLOTTE,NC 28273 ' EQUIFIRST CORPORATION ATTN: 500 FOREST POINT CIRCLE COLLATERAL M CHARLOTTE,NC 28273 EQUIFIRST CORPORATION ATTN: 500 FOREST POINT CIRCLE DONALD GALBREATH CHARLOTTE,NC 28273 MERS AS A NOMINEE FOR EQUIFIRST P.O.BOX 2026 CORPORATION FLINT,MI 48501-2023 MERS,INC. FORMERLY-3300 SW 34TH AVE.,OCALA,FL 34471 AS OF 1216/10- 1901 E.VOORHEES STREET,SUITE C DANVILLE,IL 61834 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained,please indicate) BEACON HILL COMMUNITY 3800 MARKET STREET ASSOCIATION,INC. CAMP HILL,PA 17011 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 1288 SUMMIT VIEW COURT NEW CUMBERLAND,PA 17070-2206 CITIMORTGAGE,INC. 1000 TECHNOLOGY DRIVE MS321 O'FALLON,MO 63368 NIERS AS A NOMINEE FOR P.O.BOX 2026 CITIMORTGAGE,INC. FLINT, MI 48501-2026 DOMESTIC RELATIONS OF 13 NORTH II NOVER STREET CUNII3h.RLANU COUNTY CARLISLE, P 17013 PH #778788 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to aut a ties.• Date: .34(//t/ By: i� P P'an Hallinan,LLP •hn Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff PHELAN HALLINAN. LLP 1617 JFK Boulevard, Suite 1 100 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH #778788 CITIMORTGAGE INC. : COURT OF COMMON PLEAS H-11; M; —7 PH 2: 02 CUMBERLAND : CIVIL DIVISION COUNT • PENNSYLVANIA vs. : NO.: 12-2606-CIVIL NORMAN D. ROSE A/K/A NORMAN ROSE : CUMBERLAND COUNTY MARY D. ROSE Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: NORMAN D. ROSE A/K/A NORMAN ROSE MARY D. ROSE 1288 SUMMIT VIEW COURT NEW CUMBERLAND, PA 17070-2206 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 1288 SUMMIT VIEW COURT,NEW CUMBERLAND,PA 17070-2206 is scheduled to be sold at the Sheriff's Sale on 06/04/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$169,441.66 obtained by CITIMORTGAGE,INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: I. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one. the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. l. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 12-2606-CIVIL CITIMORTGAGE, INC. v. NORMAN D. ROSE A/K/A NORMAN ROSE MARY D. ROSE owner(s) of property situate in the LOWER ALLEN TOWNSHIP, CUMBERLAND County, Pennsylvania, being 1288 SUMMIT VIEW COURT, NEW CUMBERLAND, PA 17070-2206 Parcel No. 13-25-0008-314 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $169,441.66 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of ground with improvements thereon erected situate in LOWER ALLEN TOWNSHIP, Cumberland County,Pennsylvania, more particularly bounded and described as follows,to wit: BEGINNING at a point being the northeast corner of Lot No. 24 of lands of Limited Common Area No. 2; thence along said lands South fifty-nine(59)degrees ten(10)minutes forty-five(45)seconds East thirty-four and zero one-hundredths(34.00)feet to a point;thence along said lands South fifty(50)degrees forty-eight (48)minutes fifteen(15) seconds West eighty-three and sixty-five one-hundredths(83.65)feet to a point; thence along the same North fifty-nine(59)degrees ten(10)minutes forty-five(45) seconds West thirty-four and zero one-hundredths(34.00)feet to a point being the southeast corner of Lot No.24;thence along Lot No. 24 and through a party wall North fifty(50)degrees forty-eight(48) minutes fifteen(15)seconds East eighty-three and sixty-five one-hundredths(83.65)feet to a point,being the place of BEGINNING. CONTAINING 2,841 square feet, more or less. BEING KNOWN and numbered as 1288 Summitview Court, New Cumberland,PA 17070. UNDER AND SUBJECT TO restrictions and conditions as now appear of record. TITLE TO SAID PREMISES IS VESTED IN Norman D. Rose and Mary D. Rose, h/w, by Deed from Norman D. Rose, married man, dated 02/07/2006, recorded 02/14/2006 in Book 273, Page 823. PREMISES BEING: 1288 SUMMIT VIEW COURT,NEW CUMBERLAND,PA 17070-2206 PARCEL NO. 13-25-0008-314 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-2606 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 NORMAN D.ROSE A/K/A NORMAN ROSE,MARY D.ROSE (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: $169,441.66 L.L.: Interest FROM 9/5/2013 TO DATE OF SALE($27.85 PER DIEM)-$7,603.05 Atty's Comm: Due Prothy: $2.25 Atty Paid: $1,030.08 Other Costs: Plaintiff Paid: Date: 3/7/14 --124,zieCb David D. Buell, Prothonotary (Seal) B : , // i, .il/_ Deputy REQUESTING PARTY: Name:JOHN MICHAEL KOLESNIK,ESQUIRE Address:PHELAN HALLINAN LLP 1617 JFK BLVD,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 308877 Phelan Hallinan LLP a Jonathan M. Etkowicz, Esq., Id. No.208786 _LLP ;, FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza P 5,,L-,' AN! � Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.cotn 215-563-7000 CITIMORTGAGE, INC. : Court of Common Pleas • Plaintiff Civil Division • v. • CUMBERLAND County • NORMAN D. ROSE A/K/A NORMAN ROSE : No.: 12-2606-CIVIL • MARY D. ROSE Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on April 30, 2012. 2. Judgment was entered on May 20, 2013 in the amount of$154,060.57. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Plaintiff filed a prior Motion to Reassess Damages, which was granted by Order dated August 28, 2013, amending the judgment amount to $169,441.66. A true and correct copy of the Order is attached hereto, made part hereof, and marked as Exhibit "B". 4. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item 778788 which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 5. The Property is listed for Sheriffs Sale on June 4, 2014. 6. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $151,634.72 Interest Through June 4, 2014 $14,214.88 Legal fees $3,600.00 Cost of Suit and Title $1,665.64 Sheriffs Sale Costs $775.33 Property Inspections $135.00 Property Preservation $1,004.63 Appraisal/Brokers Price Opinion $471.00 Escrow Deficit $5,942.64 TOTAL $179,443.84 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on April 30, 2014 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit"C". 778788 11. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin A. Hess entered an order granting Plaintiffs Motion to Make Rule Absolute dated August 28, 2013 . WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP 3C t By: jJ 1 DATE: Jona . Etkowicz,Esquire ATT 0 • EY FOR PLAINTIFF 778788 • Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 CITIMORTGAGE, INC. • Court of Common Pleas • Plaintiff Civil Division • v. • CUMBERLAND County • NORMAN D. ROSE A/K/A NORMAN ROSE : No.: 12-2606-CIVIL • MARY D. ROSE Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE NORMAN D. ROSE A/K/A NORMAN ROSE executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 1288 SUMMIT VIEW COURT,NEW CUMBERLAND, PA 17070- 2206. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 778788 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank,445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid,Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 778788 Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich,the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case,the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 778788 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However,Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 778788 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 778788 • VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriffs sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriffs sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 778788 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become 778788 part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage,then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phel. • all an, LLP I I DATE: "(1 3o t L1 By: J. atha i M. Etkowicz, Esquire A •rne, for Plaintiff 778788 • Exhibit "A" 778788 • f1LED-.0 C . , OF -fn. PROTNOPa0TMNY PHELAN HALLINAN, LLP 203AY 21� A�� �ttaaey for Plaintiff Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE,INC. : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS NORMAN D. ROSE : CIVIL DIVISION A/K/A NORMAN ROSE . MARY D.ROSE : No. 12-2606-CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against NORMAN D.ROSE A/K/A NORMAN ROSE,and MARY D.ROSE, Defendant(s)for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $154,060.57 TOTAL $154,060.57 I hereby certify that(1) the Defendants'last known address is 1288 SUMMIT VIEW COURT,NEW CUMBERLAND, PA 17070-2206, and(2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date V/l 7// e-64i'‘ "A Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff t ID'S') glimr) CV-ii 12/09? DAMAGES A ^ H REBY ASSESSED AS INDICATED.�A A .,; : - 47 w a9[�"13 DATE: S �1 1 'C., . i �'. p, F vo M- PHS#284956 PROTHONOTARY 284956 Exhibit "B" 778788 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA CITIMORTGAGE, INC. : Court of Common Pleas Plaintiff Civil Division vs. • • CUMBERLAND CaPity- m NORMAN D. ROSE rr c m-` A/K/A NORMAN ROSE • No.: 12-2606-CIVIIs ., Jr, MARY D. ROSE : r _°_, o Defendants c t - -« ORDER AND NOW, this 286 day of 4/r..0,- ,2013,upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED;that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $151,634.72 Interest Through September 4,2013 $9,653.36 Late Charges $147.06 Legal fees $2,100.00 Cost of Suit and Title $1,118.75 Property Inspections $135.00 Property Preservation $492.29 Appraisal/Brokers Price Opinion $471.00 Escrow Deficit $3,689.48 TOTAL $169,441.66 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY TH OURT: i'e f i lam(,COp J. kotil J. /004211.4t� 778788 8/2.8/i3 /1/1 Exhibit "C" 778788 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX4: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania April 21,2014 NORMAN D. ROSE A/K/A NORMAN ROSE MARY D. ROSE 1288 SUMMIT VIEW COURT NEW CUMBERLAND,PA 17070-2206 RE: CITIMORTGAGE, INC. v.NORMAN D. ROSE, A/K/A NORMAN ROSE and MARY D. ROSE Premises Address: 1288 SUMMIT VIEW COURT NEW CUMBERLAND,PA 17070 CUMBERLAND County CCP,No. 12-2606-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days,by 4/26/2014. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. 'et tn.. lv_ qtr.- J* tli n l_ I'tk,AN ict Esq.,Id.No.208786 -:tloi le)' for Plaintiff F s'• ;stare 778788 00 00 1- 410Z t 23dt1 16118£1000 r< » ,�''` co } /� tot I, Z0 {� t-- 47- V £0161 dtZ , , � ( t- .nev^Sr'" � 4j.� t ••I, ;M uI.S'0v/VN+ 4R30YiSOd X71 „ • ,. "., Ili p.!-.-, 00 g` pp Ci i 8� i _®®T j L1 C 3 3 LII 0.5 qe p Wh E ` .:Q 4 1t dID 1AI mt. w 4e 2:. m.a§y r . =. I 1.5 4 .41 1 a 0 c w tn c is x 1-- to 11 0 o z uF �- is o @ O C '1:..... ..F a < rt a x v a M m :: <t i s DI E„ r7.1 CO) 02 , x z S ` e c u,%.. @ CI .. Ct "� � Cd a ro .ya OZrt/J.u >' SN � Q � zs 0 „ a dHZ e Iii. ,0 . .t oa O C gl W :5, 'A rs, O W a 5 a.. ._.. 0 a Z Z .-s 'i' r At td -. ill a) � .r Air E �4 z * w A V "0 L . r- .O 00 0 d M 0 X, z 'VLi" w S IV M .a z ¢ o ,c 4. Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 j onathan.etkowicz @phelanhallinan.corn 215-563-7000 CITIMORTGAGE, INC. • Court of Common Pleas Plaintiff • • Civil Division v. • • CUMBERLAND County NORMAN D. ROSE • A/K/A NORMAN ROSE No.: 12-2606-CIVIL MARY D. ROSE Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. NORMAN D. ROSE MARY D. ROSE A/K/A NORMAN ROSE 6350 HULEN BEND TERRACE MARY D. ROSE APARTMENT 1307 1288 SUMMIT VIEW COURT FORT WORTH, TX 76132 NEW CUMBERLAND, PA 17070-2206 Phelan allin. LLP 1.30/t DATE: By: ` 4 .Jon;than . Etkowicz, Esquire AT O' ►+EY FOR PLAINTIFF 778788 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CITIMORTGAGE, INC. Plaintiff v. NORMAN D. ROSE A/K/A NORMAN ROSE MARY D. ROSE Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 12 -2606 -CIVIL RULE AND NOW, this 241 day of etemy, 2014, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT J. C. =N. - ▪ ---1 aM m x-... rn r - < -, • Nat DC7 -4 T7 D C CA) rD Cj r= ;; — 0.) co iJ 778788 ona...„,,,than M. Etkowicz, Esq., Id. No.208786 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 �RMAN D. ROSE A/K/A NORMAN ROSE MARY D. ROSE 1288 SUMMIT VIEW COURT NEW CUMBERLAND, PA 17070-2206 fiLeI,L CRY D. ROSE 6350 HULEN BEND TERRACE APARTMENT 1307 FORT WORTH, TX 76132 778788 778788 PHELAN HALLINAN, LLP John Michael Kolesnik, Esq., Id. No 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 John.Kolesnik@phelanhallinan.com 215-563-7000 Attorney for Plaintiff .30887- ii'lPENNSYLVANIA ERLAND COUNT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. Plaintiff, v. NORMAN D. ROSE A/K/A NORMAN ROSE MARY D. ROSE Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: 12 -2606 -CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached her xhi j it "A". Date: s/ 7//1-1 John ae1 Kolesnik, Esq., Id. No.308877 Att, hey for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH # 778788 CITIMORTGAGE, INC. Plaintiff • v. NORMAN D. ROSE A/K/A NORMAN ROSE MARY D. ROSE Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 12 -2606 -CIVIL CUMBERLAND COUNTY AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Citimortgage, Inc., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1288 Summit View Court, New Cumberland, PA 17070-2206. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) NORMAN D. ROSE A/K/A NORMAN ROSE 1288 SUMMIT VIEW COURT, NEW CUMBERLAND, PA 17070-2206 MARY D. ROSE 1288 SUMMIT VIEW COURT, NEW CUMBERLAND, PA 17070-2206 2. Name and address of Defendant(s) in the judgment: Name NORMAN D. ROSE A/K/A NORMAN ROSE MARY D. ROSE Address (if address cannot be reasonably ascertained, please so indicate) 1288 SUMMIT VIEW COURT NEW CUMBERLAND, PA 17070-2206 1288 SUMMIT VIEW COURT NEW CUMBERLAND, PA 17070-2206 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) PA DEPARTMENT OF REVENUE BUREAU OF COMPLIANCE PA DEPARTMENT OF REVENUE BUREAU OF COMPLIANCE P.O. BOX 280946 HARRISBURG, PA 17128-0946 P.O. BOX 280948 HARRISBURG, PA 17128-0948 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) EQUIFIRST CORPORATION 1000 TECHNOLOGU DRIVE O'FALLON, MO 63368 EQUIFIRST CORPORATION 500 FOREST POINT CIRCLE CHARLOTTE, NC 28273 PH # 778788 EQUIFIRST CORPORATION ATTN: COLLATERAL M EQUIFIRST CORPORATION ATTN: DONALD GALBREATH MERS AS A NOMINEE FOR EQUIFIRST CORPORATION MERS, INC. 500 FOREST POINT CIRCLE CHARLOTTE, NC 28273 500 FOREST POINT CIRCLE CHARLOTTE, NC 28273 P.O. BOX 2026 FLINT, MI 48501-2023 1901 E. VOORHEES STREET SUITE C DANVILLE, IL 61834 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name BEACON HILL COMMUNITY ASSOCIATION, INC. Address (if address cannot be reasonably ascertained, please indicate) 3800 MARKET STREET CAMP HILL, PA 17011 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT CITIMORTGAGE, INC. MERS AS A NOMINEE FOR CITIMORTGAGE, INC. DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE INTERNAL REVENUE SERVICE ADVISORY U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING PH # 778788 1288 SUMMIT VIEW COURT NEW CUMBERLAND, PA 17070-2206 1000 TECHNOLOGY DRIVE MS321 O'FALLON, MO 63368 P.O. BOX 2026 FLINT, MI 48501-2026 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: PH # 778788 By: Phela "man, LLP Joh. ichael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 Name and Address Of Sender Phelan Hallinan, LLP 1111110) 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza AZKIJSG - 06/048014 SALE Line Article Number Name of Addressee, Street, and Post Office Address Postage # ••`• EQUIFIRST CORPORATION S0.48 1000 TECHNOLOGU DRIVE O'FALLON,aMO,63368 RE: NORMAN D. ROSE AitilA NORMAN ROSE (CUMBERLAND) P111 # 77878811026 Page I of S0.48 1 45 Day Total Number of Total Number of Pieces Postmaster, Per (Name of The MI declaration of value is spired on all domestic and international registered mail. The ma Pieces Listed by Sender Received m Post Office Receiving Employee) for the reconstnalion dnonnegotiable documents under Express Mail document reconstruction it piece abler to a limit of SS00,000 per occurrence. The maximum indemnity payable on Express The marximum, indemnity payable is 523,000 for registered mall, sent with opdooal insurance. Se R900 5913 and 5921 for limitations of coverage. Form 3877 Facsimile PH # 778788 Name and Address Of Sender Phelan Hallinan, LLP IMO 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 AZIC/RMS - 06/04/2014 SALE Line Article Number Name of Addressee, Street, and Post Office Address 2 Ni r l»j ,� , •� er. , �. Q.pEYj 4, '` �rtrai oc, tr 44 t- a pt M N No o �t,,: }. i� r NC �y. a 1 *86* TENANT/OCCUPANT 1288 SUMMIT VIEW COURT NEW CUMBERLAND, PA 17070.2206 A liar 2 **** BEACON HILL COMMUNITY ASSOCIATION; INC. 3800 MARKET STREET CAMP HILL, PA 17011 $4.47t $r..11{ 3 **** CidMortgagt, Inc. 1000 Technology Drive, MS321 o•Fanoa, MO 63368 $Q.47 4 **** CfdMortgage, Inc. 1000 Technology Drive'47' O'Falton,MO63368 • 5 **** E UIFIRSTCORPORATION S00 FOREST POINT CIRCLE CHARLOTTE, NC 28273 $4.Q % .� 6 **** EQUIFIRSTCORPORATION ATTN:COLLATERAL. M 500 FOREST POINT CIRCLE CHARLOTTE, NC 28273 $0.47 7 **** EQUIFIRST CORPORATION ATT'N: DONALD GALBREATH 500 FORFST'POINT CIRCLE CHARLOTTE. NC 28273 $41,47 8 **** MERS ASA NOMINEE FOR Citr*tortgagc; Inc P.O. BOX 2026 FLINT, MI 48501-2026 $0.47 a� 9 nal** MERS AS A NOMINEE FOR EQUWFIRST CORPORATION P.O. BOX 2026 FLINT MI 48501-2023 $0:47 �S 10 **** MERS, Inc. 1901 E. Voorhees Street, Suite C DANVILLE, IL 61834 $4.47 .i.) N NS 11 .**** PA DEPARTMENT OF REVENUE BUREAU OF COMPLIANCE P.O. BOX 280946 HARRISBURG, PA 17128.0946 $4.47 12 **** PA DEPARTMENT OF REVENUE BUREAU OF COMPLIANCE P.O. BOX 280948 HARRISBURG, PA 17128.0948 $0.47 13 **** Domestic Retailers! of Cumberland County 13 North Hanover Street Carlisle, PA 17013 $0.47 14 **** CommonwealthofPeturgivsnin Department of Welfare P.O. Boat 2675 Harrisburg, PA 17105 $0.47 IS **** Internal Revenue Service Advisory moo Liberty Avenue Room 704 Pitlaburghs PA 15222 $0.47 . SEI --NORMAN d-ROSE.AaK/A.NORNIXTR --PH (77871 7102 '-, Page 1 of Total Number of Pixca Listed by Sender Total Numrber of Pieces Received at Post Office - Postmaster. Per (Name of Receiving Employee) The full declaration of value is requited on alt domestic and international registered mall. The maximum indemnity payable for the reconstruction of nonnegotiable documents under Express Mail document reconstruction insurance is 550,000 per pica subject to a limit of $500,000 per occurrence. The maximum indemnity payable on Express Mail merchandise is 5500. The maximum indemnity payable is 525.000 for registered mail, sent with optional insurance. Sec Domestic Mail Manual 8900 5913 and 5921 for limitations of coverage. Form 3877 Facsimile Name and Address Of Sender Phelanjnun, LLP 1617 JFKK Boulevard, Suite 1400 One Penn Center Plaza AZ S- 4SALE Line Article Number Name of Addressee, Street, and Post Office Address Postage 1 *'•• U.S. Department of Justice $0.48 U.S. Attorney for the Middle District of PA Federal Building 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 iYldfitiV®R1 3+ i1HCl L UMBER :t, r xxt_>, s Page 2 of $7.53 Tota! Number of Total Number of Pieces Postmaster. Per (Name of Thefull declaration of value is required on all domestic and international registered mail. The nn Pkecs Lsied by Sender Received at Post Office Receiving Employee) for the reconstruction of nonnegotiable documents under Express Mail document reconstruction 11 piece subject to a limit of $300.000 per a-comenec. The maximum indemnity payable on Express The maximum indemnity payable is 525.000 for registered mail. sent with optional insurance. Se R900 5913 and 5921 for limitations ofcovemge. Form 3877 Facsimile I'. elan Hallinan, LLP J!. T r; r- { ; '- b fi6 r� if1 G'P�� r ATTORNEY FOR PLAINTIFF Adam H. Davis, Esq., Id. No.203034� L lr 1 y �`� 1617 JFK Boulevard, Suite 1400 Y 12 . 5 One Penn Center Plaza ,; �� f U NBERL A ND CO r)/ Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com PENNs Yj A NIAN' 215-563-7000 CITIMORTGAGE, INC. Plaintiff vs. NORMAN D. ROSE A/K/A NORMAN ROSE MARY D. ROSE Court of Common Pleas Civil Division CUMBERLAND County No.: 12 -2606 -CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's May 2, 2014 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. NORMAN D. ROSE A/K/A NORMAN ROSE MARY D. ROSE 1288 SUMMIT VIEW COURT NEW CUMBERLAND, PA 17070-2206 DATE: ‘P( Vi4( By: MARY D. ROSE 6350 HULEN BEND TERRACE APARTMENT 1307 FORT WORTH, TX 76132 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 778788 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 CITIMORTGAGE, INC. Plaintiff vs. NORMAN D. ROSE A/K/A NORMAN ROSE MARY D. ROSE Defendants ATTORNEY FOR PLAINTIFF PEFANSYLV/'JIA+9 Court of Common Pleas Civil Division CUMBERLAND County No.: 12 -2606 -CIVIL MOTION TO MAKE RULE ABSOLUTE CITIMORTGAGE, INC., by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above -captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on May 1, 2014. 2. A Rule was issued by the Honorable Kevin A. Hess on or about May 2, 2014 directing the Defendants to show cause by May 22, 2014 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit A. 3. The Rule to Show Cause was timely served upon all parties on May 9, 2014 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit B. 4. Defendants failed to respond or otherwise plead by the Rule Returnable date of May 22, 2014. 778788 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. DATE: 512 Of By: Justin F. K , Esq., Id. No.200392 Attorne aintiff Phelan Hailinan, LLP 778788 778788 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CITIMORTGAGE, INC. Plaintiff v. NORMAN D. ROSE A/KIA NORMAN ROSE MARY D. ROSE Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 12 -2606 -CIVIL RULE AND NOW, this e day of . 2014, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff s Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT 778788 Jonathan M. Etkowicz, Esq., Id, No.208786 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 NORMAN D. ROSE A/K/A NORMAN ROSE MARY D. ROSE 1288 SUMMIT VIEW COURT NEW CUMBERLAND, PA 17070-2206 MARY D. ROSE 6350 HULEN BEND TERRACE APARTMENT 1307 FORT WORTH, TX 76132 778788 778788 Exhibi 4 413 11 778788 Phelan HaMilan, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK. Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 CITIMORTGAGE, INC. Plaintiff vs. NORMAN D. ROSE A/K/A NORMAN ROSE MARY D. ROSE ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 12 -2606 -CIVIL Defendants CERTIFICATION OF SERVICE 1 hereby certify that a true and correct copy of the Court's May 2, 2014 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages shou granted was served upon the following individuals on the date indicated below. i. NORMAN D. ROSE AJK I A NORMAN ROSE MARY D. ROSE 1288 SUMMIT VIEW COURT NEW CUMBERLAND, PA 17070-2206 DATE: By; MARY D. ROSE 6350 HULEN BEND TERRACE APARTMENT 1307 FORT WORTH, TX 76132 Phelan Hallinan, LLP t .40 , CID Adam H. Davis, Esq., Id. No.203034:7-fl Attorney for Plaintiff „ 778788 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 CITIMORTGAGE, INC. Plaintiff vs. NORMAN D. ROSE A/K/A NORMAN ROSE MARY D. ROSE Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 12 -2606 -CIVIL CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. NORMAN D. ROSE A/K/A NORMAN ROSE MARY D. ROSE 1288 SUMMIT VIEW COURT NEW CUMBERLAND, PA 17070-2206 By: Justin F. �✓.beski, q., Id. No.200392 Attorn for Plai iff MARY D. ROSE 6350 HULEN BEND TERRACE APARTMENT 1307 FORT WORTH, TX 76132 Phelan H;'an, LLP 778788 RL AND C L /r, /p9 PHELAN HALLINAN, LLP Paul Cressman, Esq., Id. No.318079 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 paul.cressman@phelanhallinan.com 215-563-7000 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. Plaintiff, v. NORMAN D. ROSE A/K/A NORMAN ROSE MARY D. ROSE Defendant(s) : CIVIL DIVISION : No.: 12 -2606 -CIVIL NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriff's Sale scheduled for 06/04/2014 at 10:00 AM in the above -captioned matter has been continued until 08/06/2014 at 10:00 AM. Date: L-2.14 PH # 778788 Pau : PHELAN HALLINAN, LLP Paul Cressman, Esq., Id. No.318079 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 paul.cressman@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. Plaintiff, Attorney for Plaintiff v. : CIVIL DIVISION NORMAN D. ROSE A/K/A NORMAN ROSE MARY D. ROSE Defendant(s) : No.: 12 -2606 -CIVIL CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Notice of the Date of Continued Sheriffs Sale and Certificate of Filing were served by regular mail on the person(s) on the date listed below: NORMAN D. ROSE 1288 SUMMIT VIEW COURT NEW CUMBERLAND, PA 17070-2206 Date: ,Z�� PH # 778788 MARY D. ROSE 1288 SUMMIT VIEW COURT NEW CUMBERLAND, PA 17070-2206 man, Esq., Id. No.318079 Attorney for Plaintiff • IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. Court of Common Pleas Plaintiff vs. NORMAN D. ROSE A/K/A NORMAN ROSE MARY D. ROSE Defendants AND NOW, this ORDER Civil Division CUMBERLAND Coun —1 No.: 12-2606-CIVIL w .-15,.L1)..,-; C-7 F3 --sJ CD day of ay..t— , 2014, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance Interest Through June 4, 2014 Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Property Preservation Appraisal/Brokers Price Opinion Escrow Deficit $151,634.72 $14,214.88 $3,600.00 $1,665.64 $775.33 $135.00 $1,004.63 $471.00 $5,942.64 TOTAL $179,443.84 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT: -4 778788 PHELAN HALLINAN, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Plaintiff vs. NORMAN D. ROSE A/K/A NORMAN ROSE MARY D. ROSE Defendants �1E PROTHONO e JUN 27 rii10-:59 CUMBERLAND D UCOUNTY PENNSYLVANIA CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 12 -2606 -CIVIL AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to NORMAN D. ROSE A/K/A NORMAN ROSE and MARY D. ROSE on 5/19/2014 in accordance with the Order of Court dated 8/16/2013. The property was posted on 6/1/2014. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. Phel. : all'. , LLP DATE: (0 11201 By: Jonat Atto ev fo Plaintiff owicz, Esq., Id. No.208786 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. CIVIL DIVISION Plaintiff v. NO. 12 -2606 -CIVIL NORMAN D. ROSE A/K/A NORMAN ROSE MARY D. ROSE Defendants ORDER AND NOW, this J.04L day of Puult. trf. , 2013, after consideration of Plaintiffs Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendants NORMAN D. ROSE, A/K/A NORMAN ROSE and MARY D. ROSE by: REGULAR MAIL TO NORMAN D. ROSE, A/K/A NORMAN ROSE at 1288 SUMMIT VIEW COURT, NEW CUMBERLAND, PA 17070-2206, and MARY D. ROSE at 1288 SUMMIT VIEW COURT, NEW CUMBERLAND, PA 17070-2206 Service by mail is complete upon the date of mailing ROSE at 1288 SUMMIT VIEW COURT, NEW CUMBERLAND, PA 17070-2206, and MARY D. ROSE at 1288 SUMMIT VIEW COURT, NEW CUMBERLAND, PA 17070-2206 Service by mail is complete upon the date of mailing POSTING 1288 SUMMIT VIEW COURT, NEW CUMBERLAND, PA 17070-2206 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). BY THE COURT: PH # 778788 CC PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 NORMAN D. ROSE A/K/A NORMAN ROSE, and MARY D. ROSE 1288 SUMMIT VIEW COURT, NEW CUMBERLAND, PA 17070-2206 J. Name and PHELAN HALLINAN do SCU IIEG Address a Penn Center at Suburban, Suite 1400 of Sender blladdpbia,PA 19103 Line Article Name of Addressee, Street, and Post Office Address Postage' ((j 4 1 ., y , 4 ' .+�; • firt 476Number C{ h 1 0 I V> R �? �r CC * 1. — 0::::- ;t 't c .- IV ` " p ' 1 MARY D. ROSE 1288 SUMMIT VIEW COURT NEW CUMBERLAND, PA 17070-2206 2 NORMAN D. ROSE A/K/A NORMAN ROSE 1283 SUMMIT VIEW COURT NEW CUMBERLAND, PA 17070-2206 3 ..►. 4 .... 5^Ni N cts 8 .. 4 v VI 10 4•44 11 *Si* 12 .... . 13 .... 14 15 RE: MARY D. ROSE NORMAN D. ROSE A/K/A NORMAN ROSE PH: 7787E8 CUMBERLAND Total Number of Pieces Listed by Sender Total Number of Pieces Received at Post Office Postmaster, Per (Name of Receiving Employee) SPL -CERTIFICATE OF MAILING -NOS CODE -1020 4 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY CITIMoRTGAGE, INC. PH # 778788 DEFENDANT SERVICE TEAM/ spl NORMAN D. ROSE A/K/A NORMAN ROSE COURT NO.: 12 -2606 -CIVIL MARY D. ROSE SERVE MARY D. ROSE AT: 1288 SUMMIT VIEW COURT NEW CUMBERLAND, PA 17070-2206 ****PLEASE POST THE PROPERTY*** TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: 08/06/2014 „SERVED Served and made known to MARY. D. ROSE, Defendant on the I ST day of. TA N. .20 14, at g: fr, o'clock 4. M.. at 1288 SUMMIT VIEW COURT NEW CUMBERLAND, PA 17070-2206, in the manner described below;; Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business, an officer of said Defendant's company, XX Other: POSTED THE PROPERTY ••• ' • • Description: Age Height Weight Race Sex Other 1,, Ronald Moll , a competent adult, hereby verify that I personally posted the property with a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated aboveI understand that this statOmen made subject 9 the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: NAME: Rona PRINTED NAME Process Server NOT SERVED On the day of , 20_, at o'clock . M., I, ' , a competent adult hereby state that Defendant NOT FOUND because: Vacant Does Not Exist . Moved Does Not Reside (Not Vacant) No Answer on at . at: _ Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME:, ATTORNEY -FOR PLAINTIFF Lawrence T, Phelan, Esq., Id. No, 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith 'r, Romano, Esq„ Id. No. 58745 Jenine R. Davey, Esq., Id, No. 87077 Lauren R. Tabas, Esq., Id, No. 93337 Jay B. Jones, Esq., Id, No, 86657 Andrew L. Spivack, Esq„ Id, No. 84439 Chrisovalarne P. Fliakos, Esq., Id, No: 94620 Courtenay R, Dunn, Esq„ Id. No, 206779 Mario J. Ilanyon, Esq., Id, No, 203993 John M. Kolesnik, Esq., Id, No. 308877 Matthew G. Brushwood, Esq., Id, No. 310592 Justin F,,Kobeski, Esq., Id, No. 200392 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY CITIMORTGAGE, INC. DEFENDANT NORMAN D. ROSE A/K/A NORMAN ROSE MARY D. ROSE SERVE NORMAN D. ROSE A/K/A NORMAN ROSE AT: 1288 SUMMIT VIEW COURT NEW CUMBERLAND, PA 17070-2206 ****PLEASE POST THE PROPERTY*** PH # 778788 SERVICE TEAM/ sal COURT NO.: 12 -2606 -CIVIL TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: 08/06/2014 SERVED. Served and made known to NORMAN D. ROSE A/K/A NORMAN ROSE, Defendant on the Sr day of 64iv, 20 14-, at I'S—, o'clock .4. M., at 1288 SUMMIT VIEW COURT, NEW CUMBERLAND, PA 17070-2206, in the manner described below: _ Defendant personally served. _ Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). __. Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's. company. O..Other: POSTED THE PROPERTY...... . Description: Age Height Weight Race _.... Sex _.....____ Other __._.........._ I„ Rona id Moll ,a competent adult, hereby verify that I personally posted the property with a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this •stitem imine; subject to fh penalties of 18 Pa. C.S. Sec, 4904 relating to unsworn falsification to authorities. 4* NAME: Moll PRINTED NAME. Ronald TITLE: Process Server NOT SERVED On the dayof , 20 , at o'clock _. M., I a competent adult hereby state that Defendant NOT FOUND because: Vacant Does Not Exist Moved , ,.Does Not Reside (Not Vacant) _ No Answer on at. ........ w ............... at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY:. PRINTED NAME: ATTORNEY FOR PLAINTIFF` Lawrence T. Phelan;-T.sq., Id. No 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel C. Sclunieg, Esq., Id, No. 62205 Michele. M. Bradford, Esq., Id. No, 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay 13. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No, 84439 Chrisovalante P. Rakes, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id, No; 206779 Mario J. Hanyon, Esq., Id, No. 203993 John M. Kolesnik, Esq., Id. No. 308877 Matthew 0. Brushwood, Esq., Id. No. 310592 II I I USPS CERTIFIED MAILTM i IIi I i II i I II 9214 8969 0096 4000 0485 99 DWB / 778788 MARY D. ROSE 1288 SUMMIT VIEW COURT NEW CUMBERLAND, PA 17070-2206 --fold here (regular) -- fold here (6x9) --fold here (regular) i II I I USPS CERTIFIED MAILTM 101 i ili I i Ui i I 9214 8969 0096 4000 0485 82 DWB / 778788 NORMAN D. ROSE 1288 SUMMIT VIEW COURT NEW CUMBERLAND, PA 17070-2206 --fold here (regular) -- fold here (6x9) --fold here (regular) USPS.com® - USPS TrackingTM English Customer Service USPS Mobile ►_usPsCOM. Quick Tools USPS Tracking TM Ship a Package Tracking Number: 9214896900964000048599 Product & Tracking Information Postal Product: First -Class Mail DATE & TIME May 28, 2014, 9:00 am Features: Certified Mail' Page 1 of 2 Register / Sign In Search USPS.com or Track Packages Subn Send Mail Manage Your Mail Shop Business Solutions STATUS OF ITEM LOCATION Delivered PHILADELPHIA, PA 19103 Your item was delivered at 9:00 am on May 28, 2014 in PHILADELPHIA, PA 19103. 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May 24, 2014 , 11:58 am May 24, 2014 , 5:32 am May 23, 2014 , 3:02 pm May 21, 2014, 2:09 pm May 16, 2014 Processed through USPS Sort Facility Depart USPS Sort Facility Processed through USPS Sort Facility Undeliverable as Addressed Electronic Shipping Info Received PHILADELPHIA, PA 19176 LANCASTER, PA 17604 LANCASTER, PA 17604 NEW CUMBERLAND, PA 17070 Track Another Package What's your tracking (or receipt) number? Track It LEGAL Privacy Policy . Terms of Use FOIA No FEAR Act EEO Data ON USPS.COM Government Services . Buy Stamps & Shop Print a Label with Postage Customer Service Delivering Solutions to the Last Mile Site Index IIJSPS.GOM ( Copyright© 2014 USPS. All Rights Reserved. Page 1 of 1 Register / Sign In Search USPS.com or Track Packages Subn Shop Business Solutions Customer Service Have questions? We're here to help. Available Actions Return Receipt Electronic Text Updates Email Updates ON ABOUT.USPS.COM About USPS Home Newsroom , USPS Service Alerts Forms & Publications Careers OTHER USPS SITES Business Customer Gateway Postal Inspectors Inspector General Postal Explorer National Postal Museum https://tools.usps.com/go/TrackConfirmAction.action?tLabels=9214896900964000048582 6/17/2014 Ron fly R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY iriti* `' 0c-H�urr/Lt ~. /..�PROTAONOTARv yQ/l+ NOV 17 PH 2: 5q CUMBERLANDOFF CE OF TAE $iiER1FF COUNTY PENNSYLVANIA CITIMORTGAGE, Inc. vs. Norman D. Rose aka Norman Rose (et al.) Case Number 2012-2606 SHERIFF'S RETURN OF SERVICE 03C27/2014 02:01 PM - Deputy Stephen Benderbeing duly sworn according to law, served the requested ReaEstate Writ, Notice and Description, in the above titled action, upon the within named Defendant, to wit: Norman D. Rose aka Norman Rose, pursuant to Order of Court by "Posting" the premises located at 1288 Summit View Court, Lower Allen Township, New Cumberland, PA 17070, Cumberland County with a true and correct copy according to law. 03/27/2014 02:01 PM - Deputy Stephen Bendar, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, upon the within named Defendant, to wit: Mary D. Rose, pursuant to Order of Court by "Posting" the premises located at 1288 Summit View Court, Lower Allen Township, New Cumberland, PA 17070, Cumberland County with a true and correct copy according to law. 03/27/2014 02:01 PM - Deputy Stephen Bendebeing duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, upon the within named Defendant, to wit: Mary D. Rose, pursuant to Order of Court by "Posting" the premises located at 1288 Summit View Court, Lower Allen Township, New Cumberland, PA 17070, Cumberland County with a true and correct copy according to law. 05/16C2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriff's 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 Courthouoe, 1 Courthouse Square, Cor|io|m, PA on August 06, 2014 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Joseph Schalk, on behalf of CitiMortgage, Inc., being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $927.79 SO ANSWERS, October 23, 2014 wrmmySthiesneriff, "Teleosm/� RON R ANDERSON, SHERIFF /^f 00-�'a� _-.- ��'~1 -v=�' ,- �stift _, � . �~ �5=29 CD -7D "V C.) On March 12, 2014 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA, Known and numbered as, 1288 Summit View Court, New Cumberland, as Exhibit "A" filed with this Writ and by this Reference incorporated herein. Date: March 12, 2014 By: Real Estate Coordinator DCIII 16 CUMBERLAND LAW JOURNAL 04/18/14 Writ No. 2012-2606 Civil Term CITIMORTGAGE, Inc. vs. Norman D. Rose aka Norman Rose, Mary D. Rose Atty.: Joseph Schalk By virtue of a Writ of Execution No. 12 -2606 -CIVIL, CITIMORTGAGE, INC. vs. NORMAN D. ROSE a/k/a NORMAN ROSE, MARY D.ROSE owner(s) of property situate in the LOWER ALLEN TOWNSHIP, CUM- BERLAND County, Pennsylvania, being 1288 SUMMIT VIEW COURT, NEW CUMBERLAND, PA 17070- 2206, Parcel No. 13-25-0008-314. Improvements thereon: RESIDEN- TIAL DWELLING. 99 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. isa Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this da of Ma 2014 P Notary COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28, 2018 The Patriot -News Co. 20`Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 hc J3atriot Sews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller 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. 2012-2606 Civil Term CITIMORTGAGE, Inc. Vs Norman D. Rose aka Norman Rose Mary D. Rose Atty: Joseph Schalk By virtue of a Writ of Execution No. 12 -2606 -CIVIL CITIMORTGAGE, INC. vs. NORMAN D. ROSE A/KJA'. NORMAN ROSE MARY D. ROSE owner(s) of property situate in the LOWER ALLEN TOWNSHIP, 'CUMBERLAND County,' Pennsylvania, being 1288 SUMMIT VIEW COURT, NEW CUMBERLAND, PA 17070-2206 Parcel No. 13-25-0008-314 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING This ad ran on the date(s) shown below: 04/13/14 04/20/14 04/27/14 S or and subscribed before m- t,' 02 day of May, 2014 A.D. r- tary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel, Notary Public Washington Twp., Dauphin County My Commission Expires Dec. 12, 2016 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES 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 7th day of March, A.D., 2014, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 2606, at the suit of CITIMORTGAGE INC. against Norman D. Rose A/K/A Norman Rose and Mary D. Rose is duly recorded as Instrument Number 201426549. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this [ -7 day of Recorder of Deeds Recorder of Deeds, Cumberland County, Carlisle, PA My Commission Expires the First Monday of Jan. 2018