Loading...
HomeMy WebLinkAbout12-3242IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA -? GREEN TREE CONSUMER DISCOUNT COMPANY, Plaintiff, V. SHAUN B. TIEDT, Mac CIVIL ACTION - LAW z c? No.? v?1- PRAECIPE FOR WRIT OF SUMMONS CZ, N rv -a Defendant. Filed on Behalf of: Green Tree Consumer Discount Company Counsel of Record for this Party: TUCKER ARENSBERG, P.C. Anthony J. Foschi PA I.D. No. 55895 Christopher E. Fisher PA I.D. No. 201395 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Telephone: 717-234-4121 Facsimile: 717-232-6802 ;62" c.? ? ?c E) % \cg.? S (xr o `1 C?t4 tt,8-0 V,kL a-15 S'9 G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff(s) & Address(es) Green Tree Consumer Discount Company 7360 South Kyrene Road Tempe, AZ 85283 VS. Defendant(s) & Address(es) Shaun B. Tiedt 7500 Molly Pitcher Highway, Lot 69 Shippensburg, PA 17257 Case No. k 2 -? d °A Civil Term Civil Action' Law PRAECIPE FOR WRIT OF SUMMONS TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue summons in the above case Writ of Summons shall be issued and forwarded to Attorney/Sheri ff. P Ci cle c Date : May 22, 2012 Signature of Attorney ' ame: Christopher E. Fisher Address: 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Telephone #: (717) 234-4121 Supreme Court ID Number: 201395 • • • • • WRIT OF SUMMONS TO Shaun B. Tiedt YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF(S) HASMAVE COMMENCED AN ACTION AGAINST YOU. .42 z9v Prothonotary/Clerk, Civil Division Date: " a? to _ b Deputy I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREEN TREE CONSUMER DISCOUNT COMPANY, Plaintiff, v. SHAUN B. TIEDT, Defendant. CIVIL ACTION - LAW No. r? - s yL -- _ rtii i 1" PRAECIPE FOR rev LIS PENDENS -, Filed on Behalf of: Green Tree Consumer Discount Company Counsel of Record for this Party: TUCKER ARENSBERG, P.C. Anthony J. Foschi PA I.D. No. 55895 Christopher E. Fisher PA I. D. No. 201395 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Telephone: 717-234-4121 Facsimile: 717-232-6802 ?k 811.. So ? d °??"1 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREEN TREE CONSUMER CIVIL ACTION - LAW DISCOUNT COMPANY, Plaintiff, No V. SHAUN B. TIEDT, Defendant 14, 3;c yL PRAECIPE FOR LIS PENDENS To the Prothonotary: Please index the above-captioned action as a lis pendens against the property located in Hopewell Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO. 1 BEGINNING at a post in township route 379, at corner of lands now or formerly of M.M. Thrush, North 54 degrees, 50 minutes East, 1086 feet to a post; thence South 0 degrees 37 minutes East, 1,456.39 feet to a white oak stump; thence North 51 degrees 30 minutes West 453.76 feet to a spike in the aforesaid township road; thence by said road, North 45 degrees to a spike in the aforesaid township road; thence by said road, North 45 degrees West, 775.5 feet to a post, the place of BEGINNING. CONTAINING 15.41 acres in accordance with a survey dated May 29, 1970, by Thomas A. Naff, R.S. and more fully described in Instrument Number 200803680, in the Cumberland County Recorder of Deeds office. Respectfully submitted, TUCKERARF,NSB' E/R/G, P rithony J. Foschi f .. PA I.D. No. 55995 Christopher E. Fisher PA I.D. No. 201395 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Telephone: 717-234-4121 Dated: 0 /ZZ '111 Facsimile: 717-232-6802 Attorneys for Plaintiff, Green Tree Consumer Discount Company IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREEN TREE CONSUMER CIVIL ACTION - LAW DISCOUNT COMPANY, V. SHAUN B. TIEDT, Plaintiff, Defendant. No. 12-3242 PRAECIPE TO REISSUE WRIT OF SUMMONS Filed on Behalf of: Green Tree Consumer Discount Company Counsel of Record for this Party TUCKER ARENSBERG, P.C. Anthony J. Foschi PA I.D. No. 55895 Christopher E. Fisher PA I.D. No. 201395 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Telephone: 717-234-4121 Facsimile: 717-232-6802 c rn c. 2p 3 > N c f? Y ,27`r ???j77 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREEN TREE CONSUMER CIVIL ACTION - LAW DISCOUNT COMPANY, Plaintiff, No. 12-3242 V. SHAUN B. TIEDT, Defendant. PRAECIPE TO REISSUE WRIT OF SUMMONS To the Prothonotary: Please reissue the Writ of Summons in the above-captioned matter. Respectfully submitted, Dated: 07113 //2_ TUCKER.AREJMSBERG, P Piffiony J. Foschi PA I.D. No. 55995 Christopher E. Fisher PA I.D. No. 201395 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Telephone: 717-234-4121 Facsimile: 717-232-6802 Attorneys for Plaintiff, Green Tree Consumer Discount Company SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson L r i f t" t L i Sheriff THE PROf H040"' atiartita at 4ar????,??? Jody S Smith Chief Deputy -, 2012 JUL 16 AM 6- lb Richard W Stewart CUMQERLAND CGUN-I Solicitor PENNSYLVANIA Green Tree Consumer Discount Company vs. Case Numbei Shaun Bradley Tiedt 2012-3242 SHERIFF'S RETURN OF SERVICE 05/24/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent sear and inquiry for the within named defendant, to wit: Shaun Bradley Tiedt, but was unable to locate him his bailiwick. He therefore deputized the Sheriff of Franklin County, Pennsylvania to serve the within V of Summons and Praecipe for Lis Pendens according to law. 06/25/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent sea and inquiry for the within named defendant to wit: Shaun Bradley Tiedt, but was unable to locate him ii his bailiwick. He therefore returns the within Writ of Summons and Praecipe for Lis Pendens as not fo( as to the defendant Shaun Bradley Tiedt. Request for service at 304 Shippensburg Road, Shippensbu Pennsylvania 17257 the Defendant was not found. The Shippensburg Postmaster has been unable to provide a good forwarding address for the Defendant. The Deputies were advised, Shaun Bradley Tie( forwarding address has expired. SHERIFF COST: $58.45 SO ANSWERS, July 1 ----6, 2012 RON R ANDERSON, SHERIFF 1? - c; C-1-ySwe Sher;fl.. Teieosov 1!-,; SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ?xir Jody S Smith Chief Deputy JUL 2 Q ; Richard W Stewart CUMBERLAND COUt; l Solicitor O PENNSYLVANI A Amended Green Tree Consumer Discount Company vs. Case Number Shaun Bradley Tiedt 2012-3242 SHERIFF'S RETURN OF SERVICE 05/24/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Shaun Bradley Tiedt, but was unable to locate him n his bailiwick. He therefore deputized the Sheriff of Franklin County, Pennsylvania to serve the within Writ of Summons and Praecipe for Lis Pendens according to law. 06/25/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent sea ch and inquiry for the within named defendant to wit: Shaun Bradley Tiedt, but was unable to locate him i his bailiwick. He therefore returns the within Writ of Summons and Praecipe for Lis Pendens as not fo nd as to the defendant Shaun Bradley Tiedt. Request for service at 304 Shippensburg Road, Shippensbu g, Pennsylvania 17257 the Defendant was not found. The Shippensburg Postmaster has been unable to provide a good forwarding address for the Defendant. The Deputies were advised, Shaun Bradley Tie is forwarding address has expired. 07/11/2012 Franklin County Return: And now, July 11, 2012 I, Dane Anthony, Sheriff of Franklin County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Shaun Bradley T di the defendant named in the within Writ of Summons and Praecipe for Lis Pendens and that I am unabl to find him in the County of Franklin and therefore return same NOT FOUND. Request for service at 750 Molly Pitcher Highway, Lot 69, Shippensburg, Pennsylvania 17257 is vacant. SHERIFF COST: $58.45 SO ANSWERS, July 16, 2012 RON R ANDERSON, SHERIFF <'t "n!y5 tr SFe'r If. e 11." SHERIFF'S RETURN - NOT FOUND CASE NO: 2012-00118 T COMMONTWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN GREEN TREE CONSUMER DISCOUNT VS SHAUN BRADLEY TIEDT ANGEL L LAVIENA according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT TIEDT SHAUN BRADLEY but unable to locate Him in his bailiwick. He therefore returns the WRIT OF SUMMONS NOT FOUND , as the within named DEFENDANT to wit: TIEDT SHAUN BRADLEY Deputy Sheriff, who being duly s 7500 MOLLY PITCHER HIGHWAY LOT 69 SHIPPENSBURG, PA 17257 HOUSE/TRAILER VACANT Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 So answers: ANGEL L A DANE M ANTHONY, Sheriff .00 CHRISTOPHER E FISHER ESQ 07/11/2012 Sworn and subscribed to before me this ///*-" day of dA.D. Notary COMMONWE NO RIAL ALTH OF PENNSYLVANIA RICHARD D. MCCARTY, Notary public Chambersburg Boro., Franklin County My Commission Expires Jan. 29, 2015 as SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor r. ; t ,.. ?- ? Is 4 1,? ? tJ ? 1 ? rf '-. HE I-'ROTH?i?n 12 AUG -7 AM 9: 02 N "I CUMBBLAND COUNTY PcNN Y VANIA OFFICF c? T,?C S--ERIFF Green Tree Consumer Discount Company vs. Shaun Bradley Tiedt Case Number 2012-3242 SHERIFF'S RETURN OF SERVICE 07/16/2012 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inqu ry for the within named Defendant to wit: Shaun Bradley Tiedt, but was unable to locate the Defendant in he Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Franklin, Pennsylvania to serve the wit in Writ of Summons according to law. 07/23/2012 Franklin County Return - and now July 23, 2012 at 9:20 AM, served the within Reinstated Writ of Summons upon Shaun Bradley Tiedt by personally handing to Shaun Bradley Tiedt one true and attes d copy of the original Reinstated Writ of Summons and making known to him the contents thereof at 787 Roxbury Road, Shippensburg, PA 17257. So answers Deputy Sheriff Roberta Pisle. SHERIFF COST: $37.45 August 06, 2012 SO ANSWERS, 6C y. `' ytl R ANDERSON, SHERIFF ic) CauntySuite Sheriff, Teleosoft. Inc. SHERIFF'S RETURN - REGULAR CASE NO: 2012-00118 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN GREEN TREE CONSUMER DISCOUNT VS SHAUN BRADLEY TIEDT ROBERTA PISLE Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within REIN WRIT SUMMONS was served upon TIEDT SHAUN BRADLEY the DEFENDANT , at 0920:00 Hour, on the 23rd day of July , 201 at 787 ROXBURY ROAD APARTMENT B SHIPPENSBURG, PA 17257 SHAUN BRADLEY TIEDT by handing to a true and attested copy of REIN WRIT SUMMONS together wi and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 So Answers: ROBERTA PISLE By ` eputy Sheriff 07/26/2012 CHRISTOPHER E FISHER ESQ Sworn and Subscribed to before me this (:?16 day of g- (9 1 A. D. COMMON)ft%p PENNSYLVANIA NOTARIAL SEAL RICHARD D. *CARTY, Notary Public Chambersburg BOro., Franklin County My Commission F?cplres Jan. 29, 2015 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREEN TREE CONSUMER DISCOUNT COMPANY, CIVIL ACTION - LAW Plaintiff, M Mme vs. : `sr,= No. 12-3242 SHAUN B. TIEDT, ..Q Defendant >Q :�-- D C N3 AFFIDAVIT OF SERVICE Before me, a notary public, personally appeared, Ryan P. Siney, who, being duly sworn according to law, deposes and states that: On February 25, 2013, he caused a true and correct copy of the Complaint To Quiet Title to be served upon John J. Mangan, Esquire via United States Mail, at 17 West South Street, Carlisle, Pennsylvania 17013, as evidenced by the document attached hereto as Exhibit "A". Alu--16 Ryan W Siney Sworn to and subscribed before me, this I day of April, 2013 COMMONWEALiIN11 fW UNMYLVANIA HBGDB:134807-1 026590-155935 Notarial Seal Stacy K Omer,Notary Public Lemoyne Boro,Cumberland county MY CDmmission Expires Dec.26,2016 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES Exhibit "A" CERTIFICATE OF SERVICE 1, Ryan P. Siney, Esquire, of the law firm of Tucker Arensberg, P.C., hereby certify that I served a true and correct copy of the Complaint To Quiet Title on this date by depositing a copy of the same in the possession of the United States mail, first-class, postage prepaid, addressed as follows: John J. Mangan, Esquire 17 West South Street Carlisle, PA 17013 Dated: February 25, 2013 TUCKER ARENSBERG, P.C. Rygfi P. Siney PA I.D. No. 209190 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Telephone: 717-234-4121 Facsimile: 717-232-6802 Attorneys for Plaintiff, Green Tree Consumer Discount Company r ' IIN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA c GREEN TREE CONSUMER M -a �3 = 1-0 r :k COMPANY, CIVIL ACTION - LAW ..).r- DISCOUNT Plaintiff, �-- vs. No. 12-3242 >= °fl SHAUN B. TIEDT, ~-' PRAECIPE OF ENTRY OF Defendant DEFAULT JUDGMENT Filed on behalf of Plaintiff Counsel of Record for This Party: TUCKER ARENSBERG, P.C. Anthony J. Foschi, I.D. #55895 Christopher E. Fisher, I.D#201395 Ryan P. Siney, I.D. #209190 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Telephone: 717-234-4121 Facsimile: 717-232-6802 �- 56pd 7Y01A Mai 1'edl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREEN TREE CONSUMER DISCOUNT COMPANY, CIVIL ACTION - LAW Plaintiff, vs. No. 12-3242 SHAUN B. TIEDT, Defendant PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT To: Prothonotary Pursuant to Rule 237.1 of the Pennsylvania Rules of Civil Procedure, please enter judgment as to liability against Defendant, Shaun B. Tiedt and in favor of Plaintiff, Green Tree Consumer Discount Company, for failure to answer the Complaint to Quiet Title filed against him within ten days of the attached Important Notice. Respectfully submitted, TVC*K-)ER ARENR r7 RG,P.C. By: AnthdAy J. roschi, I.D. #55P95 Christopher E. Fisher, I.D 9201395 Ryan P. Siney, I.D. #209190 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Telephone: 717-234-4121 Facsimile: 717-232-6802 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA r� GREEN TREE CONSUMER rn DISCOUNT COMPANY, CIVIL ACTION - LAW � ;* -� Plaintiff, $+`�. C:)c vs. No. 12-3242 N SHAUN B. TIEDT, ' .-i Defendant CERTIFICATION The undersigned hereby certifies that true and correct copies of the attached Important Notice, said notices conforming to Pa.R.C.P. No. 237.1, were sent to the Defendant Shaun B. Tiedt by U.S. mail, postage prepaid on March 19, 2013. Ry4h P. Siney COPY Ryan P.Siney Tucl<ERIARENSBERG rsiney@tuckerlaw.com Attorneys March 19, 2013 Via First Class Mail Shaun B. Tiedt 787 Roxbury Road Shippensburg, PA 17257 Re: Green Tree Consumer Discount Company v. Shaun B. Tiedt Cumberland County, Court of Common Pleas Docket No.: 12-3242 Our File No. 026590-155935 Dear Mr. Tiedt: Enclosed is a copy of the Important Notice directed to you pursuant to Pa.R.C.P. 237.1(a)(2)(ii). Sincerely, T,U,eKqR ARENSBE G, PC. . Ry P. Siney RPS/smo Enclosure cc: John J. Mangan, Esquire HBGDB:134135-1 026590-155935 Tucker Arensberg, P.C. 2 Lemoyne Drive Suite 200 Lemoyne,PA 17043 p.717.234.4121 f.717.232.6802 www.tuckerlaw.com 1500 One PPG Place Pittsburgh,PA 15222 p.412.566.1212 f.412.594.5619 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA GREEN TREE CONSUMER CIVIL ACTION-LAW DISCOUNT COMPANY, Plaintiff, No. 12-3242 V. SHAUN B. TIEDT, Defendant. IMPORTANT NOTICE To: SHAUN B. TIEDT, Defendant and JOHN J. MANGAN,his attorney Date of Notice: March 19,2013 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 AVISO IMPORTANTE A: SHAUN B. TIEDT, Defendant and JOHN J. MANGAN,his attorney Fecha Del Aviso: March 19,2013 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE REGISTRAR COMPARECENCIA ESCRITA PRO Sl MISMO 0 A TRAVES DE UN ABOGADO Y SOMETER,CON LA CORTE SUS DEFENSAS U OBJECCIONES A LOS CARGOS QUE SE HAN PRESENTADO CONTRA USTED. A MENOS QUE USTED ACTUE DENTRO DE DIEZ DIAS DE HABER RECIBIDO ESTE AVISO, LA CORTE PUEDE TOMAR UNA DECISION EN CONTRA SUYA SIN TENER DERECHOS A UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. S1 USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SrN CARGO 0 BAJO COSTO A PERSONAS QUE CALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-910 IKER N 'v J n W. Fosch o y i ERU) PA I.D. No. 55995 Christopher E. Fisher PA I.D. No. 201395 Ryan P. Siney PA I.D.No. 209190 2 Lemoyne Drive, Suite 200 Lemoyne,PA 17043 Telephone: 717-234-4121 Facsimile: 717-232-680 HBGDB:133220-1 026590-155935 IN THE COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY, PENNSYLVANIA GREEN TREE CONSUMER DISCOUNT COMPANY, CIVIL ACTION - LAW Plaintiff, rn cO �* rn- i-n r.) 70 vs. =- =--rV No. 12-3242 C:)—t SHAUN B. TIEDT, =C:) Defendant AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF CUMBERLAND Before me, the undersigned Notary Public, in and for said County and State, personally appeared Ryan P. Siney, Esquire, Attorney for Green Tree Consumer Discount Company, Plaintiff herein who, as an authorized representative thereof, being duly sworn according to law, deposes and says that the Defendant, Shaun B. Tiedt, is not in the military service of the United States of America, to the best of his knowledge, information and belief. a &L"P111- R4n&P—. Siney, Esquire Attorney for Green Tree Consumer Discount Company, Plaintiff Sworn to and subscribed before me this 17th day p il, 2013. Notary P ic ul COMMONWEALTH OF PENNSYLVANIA Notarial Seat Stacy M.Omer,Notary Public Lemoyne flora,Cumberland County C0fnmLr,sw Expires Dec.26,2016 MEMBER,PENNSYLVANIA ASSOC10111014 OF NOTARIES CERTIFICATE OF SERVICE 1, Ryan P. Siney, Esquire, of the law firm of Tucker Arensberg, P.C., hereby certify that I served a true and correct copy of the foregoing Praecipe for Entry of Default Judgment on this date by depositing a copy of the same in the possession of the United States Mail, first-class, postage prepaid, addressed as follows: John J. Mangan, Esquire 17 West South Street Carlisle, PA 17013 Dated: April 17, 2013 Rya P. Sine-y HBGDB:134727-1 026590-155935 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREEN TREE CONSUMER DISCOUNT COMPANY, CIVIL ACTION - LAW Plaintiff, vs. No. 12-3242 SHAUN B. TIEDT, Defendant NOTICE OF ENTRY OF JUDGMENT PURSUANT TO Pa.R.C.P. 236 Please take notice that on 2013, a Judgment by Default was entered against, Defendant, Shaun B. Tiedt in the court and at docket term and number set forth above as to liability on the Complaint to Quite Title, Plaintiff, Green Tree Consumer Discount Company, Prothonotary, Cumberland County IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA - ,:,, ---, =- � -1 f r-, GREEN TREE CONSUMER • >� w. - r -ac., DISCOUNT COMPANY, CIVIL ACTION - LAW c -�, , Plaintiff, • ( - vs. No. 12-3242 • • • SHAUN B. TIEDT, • PRAECIPE TO WITHDRAWAL Defendant • DEFAULT JUDGMENT • • : Filed on behalf of Plaintiff Counsel of Record for This Party: TUCKER ARENSBERG, P.C. Anthony J. Foschi, I.D. #55895 Christopher E. Fisher, I.D#201395 Ryan P. Siney, I.D. #209190 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Telephone: 717-234-4121 Facsimile: 717-232-6802 cw 1 civil �� - IisiLilo 24- ao,kus% IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREEN TREE CONSUMER • DISCOUNT COMPANY, • CIVIL ACTION - LAW Plaintiff, • • vs. • • No. 12-3242 SHAUN B. TIEDT, • Defendant • PRAECIPE TO WITHDRAWAL DEFAULT JUDGMENT To: Prothonotary Please withdrawal the default judgment of liability against Defendant, Shaun B. Tiedt, entered April 24, 2013. Respectfully submitted, T R ARE*'�. Dated: October 8, 2013 B , Anth y J. Foschi, I.D. #55895 Christopher E. Fisher, I.D#20 95 Ryan P. Siney, I.D. #209190 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Telephone: 717-234-4121 Facsimile: 717-232-6802 HBGDB:139176-1 026590-155935 CERTIFICATE OF SERVICE I, Ryan P. Siney, Esquire, of the law firm of Tucker Arensberg, P.C., hereby certify that I served a true and correct copy of the foregoing Praecipe to Withdrawal Default Judgment on this date by depositing a copy of the same in the possession of the United States Mail, first-class, postage prepaid, addressed as follows: Shaun B. Tiedt 787 Roxbury Road, Apt. B Shippensburg, PA 17257 Dated: October 8, 2013 / / f g 4410 R` P. Siney IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA -- ``' '1" GREEN TREE CONSUMER • (./)> a DISCOUNT COMPANY, : CIVIL ACTION - LAW -- -a cp-71 Plaintiff, • 7.• r1-, vs. : No. 12-3242 v- - 2- _< SHAUN B. TIEDT, : PRAECIPE FOR ENTRY OF Defendant : DEFAULT JUDGMENT : Filed on behalf of Plaintiff Counsel of Record for This Party: TUCKER ARENSBERG, P.C. Anthony J. Foschi, I.D. #55895 Christopher E. Fisher, I.D#201395 Ryan P. Siney, I.D. #209190 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Telephone: 717-234-4121 Facsimile: 717-232-6802 atm-1 sitf,50/1y.1, , Cet #'11/ (-76 ot. aoic,c,sg Ivolice* � ,.te'I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • GREEN TREE CONSUMER DISCOUNT COMPANY, : CIVIL ACTION - LAW Plaintiff, • • vs. : No. 12-3242 SHAUN B. TIEDT, • Defendant PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT To: Prothonotary Pursuant to Rule 237.1 of the Pennsylvania Rules of Civil Procedure, please enter judgment as to liability against Defendant, Shaun B. Tiedt and in favor of Plaintiff, Green Tree Consumer Discount Company, for failure to answer the Complaint to Quiet Title filed against him within ten days of the attached Important Notice. Respectfully submitted, TU!r R ARENSB R PpC. Dated: October 8, 2013 B 4404Alv An •ny J. Foschi, I.D. #5 95 Christopher E. Fisher, I.D#201395 Ryan P. Siney, I.D. #209190 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Telephone: 717-234-4121 Facsimile: 717-232-6802 IN THE COURT OF COMMON PLEAS OF SCHUYLKILL COUNTY, PENNSYLVANIA GREEN TREE CONSUMER • DISCOUNT COMPANY, : CIVIL ACTION - LAW Plaintiff, • vs. • : No. 12-3242 SHAUN B. TIEDT, Defendant • AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF CUMBERLAND Before me, the undersigned Notary Public, in and for said County and State, personally appeared Ryan P. Siney, Esquire, Attorney for Green Tree Consumer Discount Company, Plaintiff herein who, as an authorized representative thereof, being duly sworn according to law, deposes and says that the Defendant, Shaun B. Tiedt, is not in the military service of the United States of America, to the best of his knowledge, information and belief. .r Ry n P. Siney, Esquire Attorney for Green Tree Consumer Discount Company, Plaintiff Sworn to and subscri•- • •efore me this 8th day o ) ► ober 2013. II II Notary Pu.•j c MMONWFALT OP PENNSYLVANIA Notarial Seal Stacy M.Orner,Notary Public Lemoyne Boro,Cumberland County My Commission Expires Dec.26,2016 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • GREEN TREE CONSUMER DISCOUNT COMPANY, : CIVIL ACTION - LAW Plaintiff, • vs. : No. 12-3242 SHAUN B. TIEDT, • Defendant CERTIFICATION The undersigned hereby certifies that true and correct copies of the attached Important Notice, said notices conforming to Pa.R.C.P. No. 237.1, were sent to the Defendant Shaun B. Tiedt by U.S. mail, postage prepaid on September 3, 2013. eOF iF ./AAA1 4i&A11( R P. Siney IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA GREEN TREE CONSUMER • CIVIL ACTION - LAW • DISCOUNT COMPANY, Plaintiff, No. 12-3242 • v. • SHAUN B. TIEDT, • Defendant. IMPORTANT NOTICE To: SHAUN B. TIEDT, Defendant Date of Notice: September 3, 2013 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 AVISO IMPORTANTE A: SHAUN B. TIEDT,Defendant Fecha Del Aviso: September 3, 2013 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE REGISTRAR COMPARECENCIA ESCRITA PRO SI MISMO 0 A TRAVES DE UN ABOGADO Y SOMETER CON LA CORTE SUS DEFENSAS U OBJECCIONES A LOS CARGOS QUE SE HAN PRESENTADO CONTRA USTED. A MENOS QUE USTED ACTUE DENTRO DE DIEZ DIAS DE HABER RECIBIDO ESTE AVISO, LA CORTE PUEDE TOMAR UNA DECISION EN CONTRA SUYA SIN TENER DERECHOS A UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CALIFICAN. Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 (800)990-910 T R , P.C. An ony J. Foschi PA I.D. No. 55995 Christopher E. Fisher PA I.D. No. 201395 Ryan P. Siney PA I.D. No. 209190 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Telephone: 717-234-4121 Facsimile: 717-232-680 HBGDB:138293-1 026590-155935 ---'_. mr& Epp y -9 niF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA • GREEN TREE CONSUMER DISCOUNT COMPANY, : CIVIL ACTION - LAW Plaintiff, • • vs. : No. 12-3242 SHAUN B. TIEDT, Defendant : NOTICE OF ENTRY OF JUDGMENT PURSUANT TO Pa.R.C.P. 236 Please take notice that on ©O. 'I , 2013, a Judgment by Default was entered against, Defendant, Shaun B. Tiedt in the court and at docket term and number set forth above as to liability on the Complaint to Quite Title, Plaintiff, Green Tree Consumer Discount Company. , ? 74) ry' i j V'_,..-' '-'''' Prothonotary, Cumberland County ._° -- IN THE COURT OF COMMON PLEAS OF c� CUMBERLAND COUNTY, PENNSYLVANIA `70 . z N t' c:.,. GREEN TREE CONSUMER CIVIL ACTION - LAW c. - , (� ', DISCOUNT COMPANY, : c' • c Plaintiff, • No. 12-3242 C3 f • V. : • MOTION FOR ENTRY OF SHAUN B. TIEDT, • FINAL ORDER Defendant. • Filed on Behalf of: • Green Tree Consumer • Discount Company • • Counsel of Record for this Party: • • TUCKER ARENSBERG, P.C. • Anthony J. Foschi • PA I.D. No. 55895 • Christopher E. Fisher • PA I.D. No. 201395 • Ryan P. Siney • PA I.D. No 209190 • 2 Lemoyne Drive, Suite 200 • Lemoyne, PA 17043 • Telephone: 717-234-4121 • Facsimile: 717-232-6802 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREEN TREE CONSUMER CIVIL ACTION - LAW DISCOUNT COMPANY, . • Plaintiff, • No. 12-3242 • V. . SHAUN B. TIEDT, . Defendant. . MOTION FOR ENTRY OF FINAL ORDER AND NOW COMES Plaintiff, Green Tree Consumer Discount Company ("Green Tree"), by and through its counsel, Tucker Arensberg, P.C., to file this Motion for Entry of Final Order, pursuant to Pa.R.C.P. 1061, et seq., and in support thereof states the following: 1. Green Tree commenced this action by filing a Praecipe to Issue Writ of Summons on May 22, 2012. 2. On July 23, 2013, the Sheriffs Office of Cumberland County personally served Defendant, Shaun B. Tiedt ("Tiedt"), with the Writ of Summons by handing a copy to him at 787 Roxbury Road, Apartment B, Shippensburg, PA 17257. 3. On February 26, 2013, Green Tree filed a Complaint to Quiet Title with respect to certain real property owned by Tiedt known as and located at 1434 Three Square Hollow Road, Newburg, Pennsylvania, 17240 (also known as 1434 North Harmon Road, Newburg, Pennsylvania 17240) (the "Property"). 4. By the Complaint to Quiet Title, Green Tree sought to reform a Mortgage on the Property granted by Tiedt in favor of Green Tree's predecessor in interest on August 17, 2007 and recorded with the Cumberland County Recorder of Deeds on August 29, 2007 at Instrument No. 200733819. 5. The Property is comprised of two adjacent tracts, Tract 1 (Parcel No. 11- 06-0041-005), on which the Property's improvements are located, and Tract 2 (Parcel No. 11-06-0041-024). 6. The Mortgage was intended to encumber both Tract 1 and Tract 2. 7. After the Mortgage was executed and recorded, it was discovered that the Mortgage encumbered only Tract 2. 8. Green Tree initiated this action to reform the Mortgage so that, as the parties intended, both Tract 1 and Tract 2 would be encumbered by the Mortgage. 9. After serving the Writ of Summons upon Tiedt, counsel for Green Tree was contacted by attorney John J. Mangan, who indicated that he represented Tiedt in this matter. 10. Counsel for the parties attempted to reach a mutually agreeable resolution of this matter, but no such resolution was achieved and Mr. Mangan did not enter his appearance in this litigation. 11. Both Mr. Mangan and Tiedt were served by mail with all subsequent notices and filings related to this action. 12. No answer or response to the Complaint to Quiet Title was filed on behalf of Tiedt and neither Tiedt nor Mr. Mangan defended or contested this matter. 13. On October 9, 2013, a Default Judgment was entered against Tiedt. 14. Pursuant to Pa.R.C.P. 1066(b), Green Tree now requests that this Honorable Court grant the appropriate relief sought by Green Tree in its Complaint to Quiet Title. 15. Entry of a final judgment in favor of Green Tree is proper because Tiedt has failed to timely answer or otherwise respond to the Complaint to Quiet Title, despite notice of the intent to enter default judgment and ample time and opportunity to file an answer or response. 16. Green Tree does not request a hearing or argument with regard to this Motion, unless the Court believes that a hearing or argument would be beneficial, and no discovery is necessary. WHEREFORE, Plaintiff, Green Tree Consumer Discount Company, respectfully requests this Honorable Court to enter a final order by granting appropriate relief to Plaintiff consistent with the proposed final order and judgment attached hereto. Respectfully submitted, Dated: October 18, 2013 T R ARENSB RG .C�. A ony J. Foschi PA 1.D. No. 55995 Christopher E. Fisher PA I.D. No. 201395 Ryan P. Siney PA I.D. No. 209190 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Telephone: 717-234-4121 Facsimile: 717-232-6802 Attorneys for Plaintiff, Green Tree Consumer Discount Company H BG D 8:139389-1 026590-149813 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREEN TREE CONSUMER • CIVIL ACTION - LAW • DISCOUNT COMPANY, • Plaintiff, • No. 12-3242 • • v. • SHAUN B. TIEDT, • Defendant. AFFIDAVIT PURSUANT TO PA.R.C.P. 1066(a) Ryan P. Siney, counsel for Plaintiff, Green Tree Consumer Discount Company ("Green Tree"), deposes and says that he is authorized to prepare this Affidavit on behalf of Green Tree, and being authorized to do so, does hereby represent the following, pursuant to Pa.R.C.P. 1066(a): 1. On May 22, 2012, Green Tree commenced this action by filing a Praecipe to Issue Writ of Summons 2. On July 23, 2013, the Cumberland County Sheriffs department personally served Defendant, Shaun B. Tiedt ("Tiedt") by handing a copy of the Summons in Civil Action to him at 787 Roxbury Road, Apartment B, Shippensburg, PA 17257. 3. On February 26, 2013, the Green Tree filed a Complaint to Quiet Title and was served upon Tiedt at the address at which Tiedt was personally served with the Writ of Summons. 4. An Important Notice of intent to enter default judgment was served upon Tiedt on September 3, 2013 at the address at which Tiedt was personally served with the Writ of Summons. 5. John J. Mangan, an attorney who purported to represent Tiedt but who did not enter an appearance in this action, was also provided a copy of the Complaint to Quiet Title and the Important Notice. 6. Tiedt failed to enter an appearance or otherwise answer, respond to or defend this matter, and on October 9, 2013, a Default Judgment was entered against Tiedt. 7. Due to the Tiedt's failure to timely file an answer or response to the Complaint to Quiet Title and given that a Default Judgment has been entered, it is appropriate to enter a final order in favor of Green Tree and against Tiedt. Respectfully submitted, Dated: October 18, 2013 TU R ARENSBER , P.C. Ry . Siney PA I.D. No. 209190 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Telephone: 717-234-4121 Facsimile: 717-232-6802 Sworn to and subscribed before me This I S day of r c , 2013. Notary Publi COMMONWEALTH OF PENNSYLVANIA Notarial Seal Stacy M.Orner,Notary Public Lemoyne Boro,Cumberland County My Commission Expires Dec.26,2016 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES CERTIFICATE OF SERVICE I, Ryan P. Siney, Esquire, of the law firm of Tucker Arensberg, P.C., hereby certify that I served a true and correct copy of the foregoing Motion for Entry of Final Order on this date by depositing a copy of the same in the possession of the United States mail, first-class, postage prepaid, addressed as follows: Shaun B. Tiedt 787 Roxbury Road, Apartment B Shippensburg, PA 17257 John J. Mangan, Esquire 17 West South Street Carlisle, PA 17013 Dated: October 18, 2013 TUC. - ARENSBERG, P. . Rya 7 . Siney PA I '4. No. 209190 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Telephone: 717-234-4121 Facsimile: 717-232-6802 Attorneys for Plaintiff, Green Tree Consumer Discount Company }I LED-Or I'EE :Jr THE PROTHONO TAR` 2C13 NOV -5 Phi : 37 Parcels: 11-06-0041-005 CUMBERLAND COUNTY 11-06-0041-024 PENN S YLY�,N!A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREEN TREE CONSUMER • CIVIL ACTION - LAW • DISCOUNT COMPANY, • Plaintiff, • No. 12-3242 • • v. SHAUN B. TIEDT, • • • Defendant. FINAL ORDER REFORMING MORTGAGE AND NOW, this � day of Mob-4e' , 2013, upon consideration of Plaintiffs Motion for Entry of Final Order and pursuant to Pa.R.C.P. 1061, et seq., it is hereby ORDERED, ADJUDGED and DECREED that Plaintiffs Motion is GRANTED. The Mortgage dated August 17, 2007 and recorded with the Cumberland County Recorder of Deeds on August 29, 2007 at Instrument No. 200733819 shall be reformed to encumber the real property, known as and located at 1434 Three Square Hollow Road, Newburg, Pennsylvania, 17240 (also known as 1434 North Harmon Road, Newburg, Pennsylvania 17240) described as follows: Tract No. 1 (Parcel 11-06-0041-005) ALL the following described real estate lying and being situate in Hopewell Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a post in township route 379, at corner of lands now or formerly of M.M. Thrush, North 54 degrees, 50 minutes East, 1086 feet to a post; thence South 0 degrees 37 minutes East, 1,456.39 feet to a white oak stump; thence North 51 degrees 30 minutes West 453.76 feet to a spike in the aforesaid township road; thence by said North, North 45 degrees to a spike in the aforesaid township road; thence by said road, North 45 degrees West, 775.5 feet to a post, the place of BEGINNING. CONTAINING 15.41 acres in accordance with a survey dated May 29, 1970, by Thomas A. Naff, R.S. Tract No. 2 (Parcel 11-06-0041-024) ALL the following described real estate lying and being situate in Hopewell Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the centerline of Township Road 379 at a corner of lands now or formerly of Billy P. Hrbacek and Mary Jean Hrbacek, his wife; thence by lands now or formerly of Hrbacek, North 09 degrees, 55 minutes, 11 seconds West, 1299.76 feet to a post; thence by lands now or formerly of Jacob Rice, North 57 degrees 07 minutes 0 seconds East, 356.83 feet to a pin; thence by lands now or formerly of Hrbacek, South 32 degrees 53 minutes 0 seconds West, 446.07 feet to a pin; thence by the same, South 23 degrees 38 minutes 0 seconds West, 446.07 feet to a pin; thence by the same, South 11 degrees 31 minutes 36 seconds East, 915.07 feet to a point in the centerline of Township Road 379; thence by the centerline of said Road, North 79 degrees 29 minutes 25 seconds West, 220.42 feet to a point, the place of BEGINNING. CONTAINING 7.925 acres according to survey dated August 9, 1982, by John R. Kissinger, Being Lot No. 3 in the plan of lots of Robert F. Sachore recorded in Plan Book 42, at Page 95. The Cumberland County Recorder of Deeds is hereby ORDERED to record this Order and to reform the Mortgage by attaching the legal description above to the Mortgage recorded August 29, 2007 at Instrument No. 200733819. Hereafter, the Mortgage shall be deemed to encumber the real property described above as if the real property described above had been referenced in the Mortgage. BY THE COURT: . 4. / J. D'aun B. Tiedt, 787 Roxbury Road, Apartment B, Shippensdurg, PA 17257 J. Mangan, 17 West South Street, Carlisle, PA 17013 �Yan P. Siney, 2 Lemoyne Drive, Suite 200, Lemoyne, PA 17043 I CS n2. ( i! s/i3 yr' • IN THE COURT OF COMMON PLEAS OF 0 _.. CUMBERLAND COUNTY, PENNSYLVANIA "= l _4 ,,r N c GREEN TREE CONSUMER • CIVIL ACTION - LAW r} DISCOUNT COMPANY, • ten ° c- • G 47 y5. Plaintiff, • No. 12-3242 • • v. • MOTION FOR ENTRY OF SHAUN B. TIEDT, • FINAL ORDER Defendant. • Filed on Behalf of: • Green Tree Consumer • Discount Company • Counsel of Record for this Party: • TUCKER ARENSBERG, P.C. • Anthony J. Foschi • PA I.D. No. 55895 Christopher E. Fisher • PA I.D. No. 201395 • Ryan P. Siney • PA I.D. No 209190 • 2 Lemoyne Drive, Suite 200 • Lemoyne, PA 17043 • Telephone: 717-234-4121 • Facsimile: 717-232-6802 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREEN TREE CONSUMER • CIVIL ACTION - LAW • DISCOUNT COMPANY, • Plaintiff, • No. 12-3242 • • v. SHAUN B. TIEDT, • Defendant. MOTION FOR ENTRY OF FINAL ORDER AND NOW COMES Plaintiff, Green Tree Consumer Discount Company ("Green Tree"), by and through its counsel, Tucker Arensberg, P.C., to file this Motion for Entry of Final Order, pursuant to Pa.R.C.P. 1061, et seq., and in support thereof states the following: 1. Green Tree commenced this action by filing a Praecipe to Issue Writ of Summons on May 22, 2012. 2. On July 23, 2013, the Sheriffs Office of Cumberland County personally served Defendant, Shaun B. Tiedt ("Tiedt"), with the Writ of Summons by handing a copy to him at 787 Roxbury Road, Apartment B, Shippensburg, PA 17257. 3. On February 26, 2013, Green Tree filed a Complaint to Quiet Title with respect to certain real property owned by Tiedt known as and located at 1434 Three Square Hollow Road, Newburg, Pennsylvania, 17240 (also known as 1434 North Harmon Road, Newburg, Pennsylvania 17240) (the "Property"). 4. By the Complaint to Quiet Title, Green Tree sought to reform a Mortgage on the Property granted by Tiedt in favor of Green Tree's predecessor in interest on August 17, 2007 and recorded with the Cumberland County Recorder of Deeds on August 29, 2007 at Instrument No. 200733819. 5. The Property is comprised of two adjacent tracts, Tract 1 (Parcel No. 11- 06-0041-005), on which the Property's improvements are located, and Tract 2 (Parcel No. 11-06-0041-024). 6. The Mortgage was intended to encumber both Tract 1 and Tract 2. 7. After the Mortgage was executed and recorded, it was discovered that the Mortgage encumbered only Tract 2. 8. Green Tree initiated this action to reform the Mortgage so that, as the parties intended, both Tract 1 and Tract 2 would be encumbered by the Mortgage. 9. After serving the Writ of Summons upon Tiedt, counsel for Green Tree was contacted by attorney John J. Mangan, who indicated that he represented Tiedt in this matter. 10. Counsel for the parties attempted to reach a mutually agreeable resolution of this matter, but no such resolution was achieved and Mr. Mangan did not enter his appearance in this litigation. 11. Both Mr. Mangan and Tiedt were served by mail with all subsequent notices and filings related to this action. 12. No answer or response to the Complaint to Quiet Title was filed on behalf of Tiedt and neither Tiedt nor Mr. Mangan defended or contested this matter. 13. On October 9, 2013, a Default Judgment was entered against Tiedt. 14. Pursuant to Pa.R.C.P. 1066(b), Green Tree now requests that this Honorable Court grant the appropriate relief sought by Green Tree in its Complaint to Quiet Title. 15. Entry of a final judgment in favor of Green Tree is proper because Tiedt has failed to timely answer or otherwise respond to the Complaint to Quiet Title, despite notice of the intent to enter default judgment and ample time and opportunity to file an answer or response. 16. Green Tree does not request a hearing or argument with regard to this Motion, unless the Court believes that a hearing or argument would be beneficial, and no discovery is necessary. WHEREFORE, Plaintiff, Green Tree Consumer Discount Company, respectfully requests this Honorable Court to enter a final order by granting appropriate relief to Plaintiff consistent with the proposed final order and judgment attached hereto. Respectfully submitted, Dated: October 18, 2013 T R ARENSB RG A ony J. Foschi PA I.D. No. 55995 Christopher E. Fisher PA I.D. No. 201395 Ryan P. Siney PA I.D. No. 209190 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Telephone: 717-234-4121 Facsimile: 717-232-6802 Attorneys for Plaintiff, Green Tree Consumer Discount Company H B G D B:139389-1 026590-149813 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREEN TREE CONSUMER • CIVIL ACTION - LAW DISCOUNT COMPANY, • Plaintiff, No. 12-3242 • • v. • SHAUN B. TIEDT, • Defendant. AFFIDAVIT PURSUANT TO PA.R.C.P. 1066(a) Ryan P. Siney, counsel for Plaintiff, Green Tree Consumer Discount Company ("Green Tree"), deposes and says that he is authorized to prepare this Affidavit on behalf of Green Tree, and being authorized to do so, does hereby represent the following, pursuant to Pa.R.C.P. 1066(a): 1. On May 22, 2012, Green Tree commenced this action by filing a Praecipe to Issue Writ of Summons 2. On July 23, 2013, the Cumberland County Sheriffs department personally served Defendant, Shaun B. Tiedt ("Tiedt") by handing a copy of the Summons in Civil Action to him at 787 Roxbury Road, Apartment B, Shippensburg, PA 17257. 3. On February 26, 2013, the Green Tree filed a Complaint to Quiet Title and was served upon Tiedt at the address at which Tiedt was personally served with the Writ of Summons. 4. An Important Notice of intent to enter default judgment was served upon Tiedt on September 3, 2013 at the address at which Tiedt was personally served with the Writ of Summons. 5. John J. Mangan, an attorney who purported to represent Tiedt but who did not enter an appearance in this action, was also provided a copy of the Complaint to Quiet Title and the Important Notice. 6. Tiedt failed to enter an appearance or otherwise answer, respond to or defend this matter, and on October 9, 2013, a Default Judgment was entered against Tiedt. 7. Due to the Tiedt's failure to timely file an answer or response to the Complaint to Quiet Title and given that a Default Judgment has been entered, it is appropriate to enter a final order in favor of Green Tree and against Tiedt. Respectfully submitted, Dated: October 18, 2013 TU R ARENSBER , P.C. Ry . Siney PA I.D. No. 209190 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Telephone: 717-234-4121 Facsimile: 717-232-6802 Sworn to and subscribed before me This 1 S day of ( , 2013. C Notary Publi ft--; COMMONWEALTH OF PENNSYLVANIA Notarial Seal Stacy M.Omer,Notary Public Lemoyne Boro,Cumberland County My Commission Expires Dec.26,2016 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES CERTIFICATE OF SERVICE I, Ryan P. Siney, Esquire, of the law firm of Tucker Arensberg, P.C., hereby certify that I served a true and correct copy of the foregoing Motion for Entry of Final Order on this date by depositing a copy of the same in the possession of the United States mail, first-class, postage prepaid, addressed as follows: Shaun B. Tiedt 787 Roxbury Road, Apartment B Shippensburg, PA 17257 John J. Mangan, Esquire 17 West South Street Carlisle, PA 17013 Dated: October 18, 2013 TUC. - ARENSBERG, P. . Rya t' . Siney PA I 'A. No. 209190 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Telephone: 717-234-4121 Facsimile: 717-232-6802 Attorneys for Plaintiff, Green Tree Consumer Discount Company THE ICE OF i E�E )RO 1 �Il.lNO ll R r i°-dI0YI4 PI It 114 CUM ERLAN'iJ COLI TY PENNSYLVANIA Michael J. Pykosh, Esquire ID # 58851 Bryan W. Shook, Esquire ID # 203250 Dethlefs Pykosh Shook & Murphy 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone — (717) 975-9446 BShook(a�dplglaw.com GREEN TREE CONSUMER DISCOUNT COMPANY, Plaintiff v. SHAUN B. TIEDT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 12-3242 - CIVIL PETITION FOR LEAVE TO INTERVENE AND NOW comes Barbara Kay Lehman, by and through their legal counsel, Dethlefs Pykosh Shook & Murphy by Michael J. Pykosh, Esquire and Bryan W. Shook, Esquire, who respectfully petitions this Honorable Court, pursuant to Pa. R.C.P. 2326, et seq. for leave to intervene in the above captioned matter and in support thereof avers as follows: 1. Your Petitioner, Barbara Kay Lehman, is an adult individual currently residing at 1434 North Harmon Road, Newburg, Cumberland County Pennsylvania 17240 a/k/a 1434 Three Square Pennsylvania 17240. Hollow Road, Newburg, Cumberland County -1 2. Your Petitioner is indigent and was unable to secure representation or to discover her legal rights until contact was made with the Cumberland County Bar Association in October 2014 whereupon Petitioner's matter was placed with the undersigned law office as part of the pro bono referral system. PROCEDURAL HISTORY 3. This matter allegedly arises out of a mortgage allegedly made by Shaun B. Tiedt on August 17, 2007 in favor of Mortgage Electronic Registration Systems, Incorporated as Nominee for Suntrust Mortgage, Inc. (Said Mortgage is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania as instrument number 200733819) (hereinafter referred to as the "Mortgage"). 4. This action was commenced by Litton Loan Servicing, L.P. with the filing of a Complaint in Mortgage Foreclosure on March 16, 2010 at docket number 10- 1864 - Civil. 5. In rem Judgment was entered in the Mortgage Foreclosure action on in favor of Litton Loan Servicing, L.P. and against the real property owned Shaun B. Tiedt and secured by the Mortgage on May 19, 2010. 6. The mortgage only encumbers Tract 2 (Tax Parcel Number 11-06-0041-024). 7. On May 22, 2012, Plaintiff commenced this separate action against Defendant to Quiet Title and Reform their Mortgage at Docket # 12-3242. 8. On February 26, 2013, Plaintiff filed a Complaint to Quiet Title in which Plaintiff alleged that a mistake occurred and the Fred Tiedt "clearly and unmistakably" 2 intended to convey both Tract 1 and Tract 2 to Shaun B. Tiedt on August 17, 2007. (Complaint to Quiet Title (Docket #12-3242) ¶ 12). 9. This was not clearly and unmistakably the intent of Fred Tiedt as is evidenced on the August 17, 2007 Deed. 10. Specifically, the August 17, 2007 specifically refers only to Tract 2 and the Statement of Value clearly states that the property being transferred is part of what was collectively referred to in prior deeds as tax parcel number 11-06-0041- 005. 11.Tax Parcel Number 11-06-0041-024 was only assigned by the Cumberland County Tax Assessment Office on August 29, 2007 after Fred Tiedt conveyed Tract 2 to Shaun B. Tiedt. 12. The gist of the averments in the Complaint to Quiet Title is inaccurate and mistaken. 13. Shaun B. Tiedt did not grant a mortgage to Suntrust which encumbered Tract 1 as Shaun B. Tiedt did not allegedly own Tract 1 until October 2007 which was after the Mortgage was signed in August 2007. 14. Further the Mortgage clearly indicates that the encumbered property is Tract 2. 15.A default judgment for want of answer was entered in the Quiet Title action on April 24, 2013. 16. By Court Order dated November 5, 2013 and recorded in the Office of the Recorder of Deeds office in and for Cumberland County on November 20, 2013, the Mortgage was impermissibly reformed to encumber both tracts 1 and 2. 3 BACKGROUND 17. Prior to August 16, 2005 Petitioner, Barbara K. Lehman was the sole owner of two tracts of real estate lying and being situated in Hopewell Township, Cumberland County, Pennsylvania. 18. Through a forged deed or otherwise fraudulent transfer Petitioners interests in the real estate were surreptitiously transferred to Fred Tiedt, the father of Defendant, Shaun B. Tiedt. (Said deed is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 270, Page 4078). 19. The aforementioned deed purported to transfer two tracts to Fred Tiedt more particularly described as: ALL THAT CERTAIN real estate lying and being situate in Hopewell Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO. 1: BEGINNING at a post in Township Route 379, at corner of lands now or formerly of M.M. Thrush; thence by lands now or formerly of Thrush, North 54 degrees, 50 minutes East, a distance of 1,086 feet to a post; thence South 0 degrees, 37 minutes East, a distance of 1,456.39 feet to a White Oak Stump; thence North 51 degrees, 30 minutes West, a distance of 453.76 feet to a spike in the aforesaid Township Road; thence by said Road North 45 degrees to a spike in the aforesaid Township Road; thence by said Road, North 45 degrees West a distance of 775.5 feet to a post, the point and place of BEGINNING. Containing 15.41 acres in accordance with a survey dated May 29, 1970, by Thomas A. Naff, R.S. TRACT NO. 2: BEGINNING at a point in the centerline of Township Road 379 at a corner of lands now or formerly of Billy P. Hrbacek and Mary Jean Hrbacek, his wife; thence by lands now or formerly of Hrbacek, North 09 degrees, 55 minutes, 11 seconds West a distance of 1299.76 feet to a post; thence by lands now or formerly of Jacob Rice, North 57 degrees, 4 07 minutes, 0 seconds East a distance of 356.83 feet to a pin; thence by lands now or formerly of Hrbacek, South 32 degrees, 53 minutes, 0 seconds West a distance of 446.07 feet to a pin; thence by the same South 23 degrees, 38 minutes, 0 seconds West a distance of 446.07 feet to a pin; thence by the same, South 11 degrees, 31 minutes, 36 seconds East, a distance of 915.07 feet to a point in the centerline of Township Road 379; thence by the centerline of said Road, North 79 degrees, 29 minutes 25 seconds West a distance of 220.42 feet to place of BEGINNING. Containing 7.925 acres according to a survey dated August 9, 1982, by John R. Kissinger, being Lot No. 3 in the Plan of Lots of Robert F. Sachore recorded in Plan Book 42 at Page 95. 20. Both of, the aforementioned tracts were collectively taxed as 11-06-0041-005 prior to August 29, 2007. 21. The tax parcel identification number for Tract 1 is currently 11-06-0041-005. 22. The tax parcel identification number for Tract 2 is currently 11-06-0041-024. 23. Fred Tiedt and Shaun B. Tiedt were living with Petitioner, in a domestically abusive situation on the property, at the time of the aforementioned transfer. 24. Two years and a day after the aforementioned and alleged transfer of Petitioner's interest in the subject property to Fred Tiedt, Fred Tiedt transferred Tract 2 to his son, Shaun B. Tiedt, defendant herein. (Said deed dated August 17, 2007 and recorded on August 29, 2007 is recorded in the Office of the Recorder of Deeds in and for Cumberland County as Instrument Number 200733818). 25.On this same date, August 17, 2007, Shaun B. Tiedt allegedly made the Mortgage to Suntrust securing to Suntrust a mortgage lien on Tract 2. 5 26. Tract 1 was then transferred from Fred Tiedt to Shaun B. Tiedt by deed dated October 11, 2007 and recorded on February 6, 2008 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania at instrument number 200803680. 27. Petitioner's residence is located mostly on Tract 1 but a portion of the curtilage and accessory functions of the residence is located on Tract 2. THE COURT HAS ORDERED THE RETURN OF PETITIONER'S PROPERTY 28. By Order of the Honorable Judge Hess of this County, dated September 3, 2009 and filed with the Prothonotary on September 8, 2009, in a protection from abuse matter docketed at 09-5868 — Civil Term, Shaun B. Tiedt, was ordered to transfer ownership of Tracts 1 and 2 back to Petitioner. 29. Shaun B. Tiedt has failed to effectuate this transfer despite threats of contempt in the PFA docket. 30. Contemporaneously with the filing of this Petition, Petitioner is filing a renewed Motion to hold Mr. Tiedt in contempt in the PFA matter for failing to transfer the proper to Petitioner. SHERIFF'S SALE IS SCHEDULED FOR DECEMBER 3, 2014 31. Petitioner has filed a Petition to Intervene in the Mortgage Foreclosure Action contemporaneously herewith for leave to seek equitable relief. 32. On or about August 28, 2014, at docket number 10-1864 - Civil, Plaintiff moved to Sheriff Sale Tract 2 of the subject property. 33. Tract 2 of the subject property is scheduled for Sheriff's Sale on December 3, 2014. 6 34. In the interest of justice Petitioner should be granted leave to intervene in this matter so as to protect her legal rights to the subject property by defending against the impermissible reformation sought by Plaintiff. 35. Petitioner was not served with any documents in this matter despite the aforementioned September 3, 2009 Court Order directing Shaun B. Tiedt transfer his ownership interest in the property to Petitioner. 36. The default judgment in this instance and the Final Order entered November 5, 2013 are against Petitioner's interest and issued without due process to Petitioner. 37. The failure to permit the intervention of Barbara Kay Lehman, may affect an otherwise legally enforceable interest that she enjoys in the subject property; therefore intervention is specifically requested pursuant to Pa. R.C.P. 2327(4). 38. If Petitioner is granted leave to intervene she intends to file a Motion for Equitable Relief (Exhibit "A" hereto). WHEREFORE, Petitioner, Barbara Kay Lehman, respectfully requests that this Honorable Court permit her intervention in this matter with respect to the subject real property. • Date: / / —/y.-/ L/ -7 Respectfully Subm d: icJ. Pykosh, Esquire ID # 58851 Bryan W. Shook, Esquire ID # 203250 Dethlefs Pykosh Shook & Murphy 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone: (717)975-9446 Michael J. Pykosh, Esquire ID # 58851 Bryan W. Shook, Esquire ID # 203250 Dethlefs Pykosh Shook & Murphy 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone — (717) 975-9446 BShook(a�dplglaw.com GREEN TREE CONSUMER DISCOUNT COMPANY, Plaintiff v. SHAUN B. TIEDT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 12-3242 - CIVIL PETITION FOR EQUITABLE RELIEF AND NOW come Barbara Kay Lehman, by and through their legal counsel, Dethlefs Pykosh Shook & .Murphy by Michael J. Pykosh, Esquire and Bryan W. Shook, Esquire, who respectfully petitions this Honorable Court, for equitable relief in the above captioned matter and in support thereof avers as follows: 1. Your Petitioner, Barbara Kay Lehman, is an adult individual currently residing at 1434 North Harmon Road, Newburg, Cumberland County Pennsylvania 17240 a/k/a 1434 Three Square Hollow Road, Newburg, Cumberland County Pennsylvania. 1 1 a EXHIBIT 2. Your respondent is Green tree Consumer Discount Company c/o Ryan P. Siney, Esquire, 2 Lemoyne Drive, Suite 200, Lemoyne, PA 17043. 3. Prior to August 16, 2005 Petitioner, Barbara K. Lehman was the sole owner of two tracts of real estate lying and being situated in Hopewell Township, Cumberland County, Pennsylvania. 4. Through a forged deed or otherwise fraudulent transfer Petitioner's interests in the real estate were surreptitiously transferred to Fred Tiedt, the father of Defendant, Shaun B. Tiedt. (Said deed is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 270, Page 4078). 5. The aforementioned deed purported to transfer two tracts to Fred Tiedt more particularly described as: ALL THAT CERTAIN real estate lying and being situate in Hopewell Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO. 1: BEGINNING at a post in Township Route 379, at corner of lands now or formerly of M.M. Thrush; thence by lands now or formerly of Thrush, North 54 degrees, 50 minutes East, a distance of 1,086 feet to a post; thence South 0 degrees, 37 minutes East, a distance of 1,456.39 feet to a White Oak Stump; thence North 51 degrees, 30 minutes West, a distance of 453.76 feet to a spike in the aforesaid Township Road; thence by said Road North 45 degrees to a spike in the aforesaid Township Road; thence by said Road, North 45 degrees West a distance of 775.5 feet to a post, the point and place of BEGINNING. Containing 15.41 acres in accordance with a survey dated May 29, 1970, by Thomas A. Naff, R.S. TRACT NO. 2: BEGINNING at a point in the centerline of Township Road 379 at a corner of lands now or formerly of Billy P. Hrbacek and Mary Jean Hrbacek, his wife; thence by lands now or formerly of Hrbacek, North 09 degrees, 55 minutes, 11 seconds 2 West a distance of 1299.76 feet to a post; thence by lands now or formerly of Jacob Rice, North 57 degrees, 07 minutes, 0 seconds East a distance of 356.83 feet to a pin; thence by lands now or formerly of Hrbacek, South 32 degrees, 53 minutes, 0 seconds West a distance of 446.07 feet to a pin; thence by the same South 23 degrees, 38 minutes, 0 seconds West a distance of 446.07 feet to a pin; thence by the same, South 11 degrees, 31 minutes, 36 seconds East, a distance of 915.07 feet to a point in the centerline of Township Road 379; thence by the centerline of said Road, North 79 degrees, 29 minutes 25 seconds West a distance of 220.42 feet to place of BEGINNING. Containing 7.925 acres according to a survey dated August 9, 1982, by John R. Kissinger, being Lot No. 3 in the Plan of Lots of Robert F. Sachore recorded in Plan Book 42 at Page 95. 6. Both of the aforementioned tracts were collectively taxed as 11-06-0041-005 prior to August 29, 2007. 7. The tax parcel identification number for Tract 1 is currently 11-06-0041-005. 8. The tax parcel identification number for Tract 2 is currently 11-06-0041-024. 9. Fred Tiedt and Shaun B. Tiedt were living with Petitioner, in a domestically abusive situation on the property, at the time of the aforementioned transfer. 10. Two years and a day after the aforementioned and alleged transfer of Petitioner's interest in the subject property to Fred Tiedt, Fred Tiedt transferred Tract 2 to his son, Shaun B. Tiedt, defendant herein. (Said deed dated August 17, 2007 and recorded on August 29, 2007 is recorded in the Office of the Recorder of Deeds in and for Cumberland County as Instrument Number 200733818). 11.On this same date, August 17, 2007, Shaun B. Tiedt allegedly made the Mortgage to Suntrust securing to Suntrust a mortgage lien on Tract 2. 3 12. Tract 1 was then transferred from Fred Tiedt to Shaun B. Tiedt by deed dated October 11, 2007 and recorded on February 6, 2008 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania at instrument number 200803680. 13. Petitioner's residence is located mostly on Tract 1 but a portion of the curtilage and accessory functions of the residence is located on Tract 2. THE COURT ORDERS THE RETURN OF PETITIONER'S PROPERTY 14. By Order of the Honorable Judge Hess of this County, dated September 3, 2009 and filed with the Prothonotary on September 8, 2009, in a protection from abuse matter docketed at 09-5868 — Civil Term, Shaun B. Tiedt, was ordered to transfer ownership of Tracts 1 and 2 back to Petitioner. 15. Shaun B. Tiedt has failed to effectuate this transfer despite threats of contempt in the PFA docket. 16. Your Petitioner, despite having an equitable and/or legal ownership interest in the subject property was not served with Original Process or any documents in the underlying Mortgage Foreclosure case. 17. Petitioner is the real owner of the property within the meaning of Pa. R.C.P. 1144. 18.The failure to serve your Petitioner with Original Process in this matter voids the underlying judgment. 19. Petitioner was deprived her due process rights. 20. Plaintiff was required to name the real owner of the property, Barbara Kay Lehman, as a Defendant in this matter. 4 21. Petitioner pleads that permitting this judgment to stand and not to be stricken has the effect of unjustly enriching the Plaintiff while impermissibly and prejudicially affecting a taking of Petitioner's property without due process. 22. Petitioner has plead as a defense to the execution on the judgment in rem in the mortgage foreclosure action (Docket # 10-1864 — Civil) her status as the real owner of the property, the failure to serve her with Original Process in this action or otherwise for the failure on the part of the Plaintiff to comply with Pa. R.C.P. 1148 and that a portion of her residence together with its curtilage and accessory uses lay upon Tract 2. 23. It would not be in the interest of public policy to permit this quiet title and reformation judgment to stand in derogation of Petitioner's interest in the subject property. 24. Plaintiff failed to show a full and complete title abstract and history in the Complaint in Quiet Title. 25. Plaintiff has not shown by clear and convincing testimony that there was a mistake that warrants the reformation of the mortgage in this instance. 26. It would not be in the interest of public policy to permit a reformation of the Mortgage in this instance as it may permit Tract 1 and Tract 2 to be sold in a Sheriff's Sale even though a Tract 1 was never given as collateral to the Plaintiff or the Plaintiffs predecessors in interest. WHEREFORE, Petitioner, Barbara Kay Lehman, respectfully requests that this Honorable Court issue a Writ of Audita Querela against the unjust judgment of the Plaintiff and Plaintiff's claims against Petitioner's land. In the instance that a Writ of 5 Audita Querela does not lay in this instance, Petitioner respectfully requests that this Honorable Court issue a Writ of Coram Nobis for, the defects in process in the case underlying the judgment and also for the errors of fact in the same and void the default judgment and November 5, 2013 Final Order in this matter. In the instance that neither a Writ of Audita Querela nor a Writ of Coram Nobis lay in this instance, Petitioner respectfully requests that this Honorable Court enter such equitable relief as this Honorable Court deems necessary so as to protect the interests of justice, public policy and Petitioner's interests in the subject real estate and set aside the Default Judgment and the November 5, 2013 Final Order at least in so far as Petitioner's interests are concerned. Date: 6 Respectfully Submitted, Michael J. Pykosh, Esquire ID # 58851 Bryan W. Shook, Esquire ID # 203250 Dethlefs Pykosh Shook & Murphy 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 VERIFICATION hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. Date: 11 9.144 arbara Kay Leh i GREEN TREE CONSUMER DISCOUNT COMPANY, Plaintiff v. SHAUN B. TIEDT, Defendant • • IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 11).-32 -cit)L. No.: te-teepf- CML MORTGAGE-FGRECL-0644RE CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Petition for Leave to Intervene, was hereby served by depositing the same within the custody of the United States Postal Service, 1st Class, postage prepaid, addressed as follows: Ryan P. Siney, Esquire 2 Lemoyne Drive, Suite 200 Lemoyne, Pennsylvania 17043 Shaun B. Tiedt 7500 Molly Pitcher Hwy., Lot 69 Shippensburg, Pennsylvania 17257-8891 Date: / Respectf y Submi Brya Shook, Esquire I.D. # 203250 Dethlefs Pykosh Shook & Murphy 2132 Market Street Camp Hill, Pennsylvania 17011 (717) 975-9446 GREEN TREE CONSUMER DISCOUNT COMPANY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION — LAW vs. : NO. 12-3242 CIVIL SHAUN B. TIEDT, Defendant IN RE: PETITION FOR LEAVE TO INTERVENE ORDER AND NOW, this 11 day of November, 2014, hearing on the within Petition for Leave to Intervene is set for Wednesday, November 26, 2014, at 1:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, VRyan P. Siney, Esquire For the Plaintiff Bryan W. Shook, Esquire For the Petitioner Shaun B. Tiedt :rlm CC. 112eJlt-CL //01.6)// GREEN TREE CONSUMER DISCOUNT COMPANY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION — LAW vs. : NO. 12-3242 CIVIL SHAUN B. TIEDT, Defendant IN RE: PETITION FOR LEAVE TO INTERVENE ORDER AND NOW, this 34 day of December, 2014, after hearing, the Court being satisfied that our Protection from Abuse Order dated September 3, 2009, which merely reflects the existence of an otherwise inexplicit agreement between the parties, does not convey to or confer upon the proposed intervenor any right, title, or interest in the real estate located at 1434 North Harmon Road, Newburg, Cumberland County, Pennsylvania, her Petition for Leave to Intervene in the captioned matter is DENIED. Ryan P. Siney, Esquire For the Plaintiff /Bryan W. Shook, Esquire For the Petitioner Shaun B. Tiedt :r1m V�/NNLL �t• rl/[// j s/jy BY THE COURT, N