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HomeMy WebLinkAbout12-4872FILEU-OFFICE y T i IIE PROTHONOTARY 2,31 ?AUG -6 A 10: 10 '.RIBERLANO COUNTY PFN1NSYLVr"%N1A PHELAN HALLINAN & SCHMIEG, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE INC., SB/M TO CITIFINANCIAL MORTGAGE COMPANY INC., S/B/M TO CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 Plaintiff V. PAUL T. LUJANAC LEONORE LUJANAC 61 BURD DRIVE CAMP HILL, PA 17011-2515 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. F30 Coil O'Ll CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 6) x da OLI,? * 16 3. 6p# jaisao tItd7g4I/ File #: 291924 I. Plaintiff is CITIMORTGAGE INC., S/B/M TO CITIFINANCIAL MORTGAGE COMPANY INC., S/B/M TO CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 2. The name(s) and last known address(es) of the Defendant(s) are: PAUL T. LUJANAC LEONORE LUJANAC 61 BURD DRIVE CAMP HILL, PA 17011-2515 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/14/2003 PAUL T. LUJANAC and LEONORE LUJANAC made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Book 1841, Page 3318.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 10/18/2011 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 #: 291924 6 The following amounts are due on the mortgage as of 02/27/2012: Principal Balance $39,119.51 Interest $1,139.46 09/18/2011 through 02/27/2012 Late Charges $82.44 Subtotal $40,341.41 Escrow Credit 535.61 TOTAL $39,805.80 7 8 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon. File #: 291924 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $39,805.80, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: d? Jo Michael Kolesnik, Esquire /Attornev for Plaintiff File #: 291924 LEGAL DESCRIPTION ALL THAT CERTAIN parcel of land in township of East Pennsboro, Cumberland county, commonwealth of Pennsylvania, as more fully described in book J-35, page 268, ID# 09-19- 1590-058, being known and designated as lot 9, block D, plan of Northwood hills, filed in plan book 9, page 29, and being more particularly described as a metes and bounds property. BY fee simple deed from Harold Frantz, widower as set forth in book J-35, page 268 dated 10/30/1991 and recorded 10/31/1991, Cumberland county records, commonwealth of Pennsylvania. TOTAL consideration is $ 56,000.00. PROPERTY ADDRESS: 61 BURD DRIVE, CAMP HILL, PA 17011-2515 PARCEL # 09-19-1590-058 File #: 291924 VERIFICATION Dayna Schroeder Doak Control OMcer 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: -7 s) 4- File#: 291924 Name: LUJANAC Name: Dayna Schroeder Title: Dopxw* Control OMWr Attorney File No.: 291924 Fa.I1. Ca. 20 x.17 FORM I CH IMORTGAGE INC., S/B/M TO CITIFINANCIAL MORTGAGE COMPANY INC., S/B'M TO CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY Plaintiff(s) Tipdated 01/01/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. PAUL T. LUJANAC LEONORE LUJANAC Defendant(s) V. -( F7;civil NOTICE OF RESIDENTIAL MORTGAGE DIVERSION PROGRAM c rn -? tp (:D r-r, C'7 :Z- r..s Zo C ;, FORECL(SRE You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments 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. Respectfully submitted: eK Date An Michael Kolesnik, Esquire ttorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR. HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. 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: Type of Loan: Home: Cell: State: Zip: Yes ? No ? Listing date: Price: $ Realtor Phone: Yes ? No ? State: Zip: _ Home: Office: Cell: Other: How long? State: Zip:. How long? Loan Number: Second Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Total Mortgage Payments Amount: $ Date of Last Payment: Included Taxes & Insurance: Office: Other: 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: Amount owed: Value: Automobile #2: Model: Amount owed: Value: Other transportation (automobiles, boats, motorcvcles): Model: Year: Amount owed: Value Monthly Income Name of Employers: I . -Monthly Gross 2. -Monthly Gross 3. -Monthly Gross Additional Income Description (not wages): I . monthly amount: 2. monthly amount: Year: Year: Monthly Net Monthly Net Monthly Net Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage _ Food 2nd Mortgage Utilities Car Pa ment(s) Condo/Nei h. Fees Auto Insurance Med. (not covered Auto fuel/re airs Other pr p. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Money Da /Child Care/Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ? No F_1 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 known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Servicing Company (Name):_ Contact: Phone: 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 I/we am/are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 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) ~ ~ ~ , ' AFFIDAVIT OF SERVICE (FHLMC) PLAINTIFF CUMBERLAND COUNTY CITIMORTGAGE INC., SB/M TO CITIFINANCIAL MORTGAGE COMPANY INC., SB/M TO CITIFINANCIAL MORTGAGE PHS # 291924 ~:,,.~ ~, . , CONSUMER DISCOUNT COMPANY ' ' ~ ° DEFENDANT SERVICE TEAM/ tam , ~ ~ t Y -: ; PAUL T. LUJANAC COURT NO.: 12-4872 CIVIL :~-~ ="' ~~- ~"-- ° Ems; ~ LEONORE LUJANAC ~' `' ~ W SERVE PAUL T. LUJANAC AT: TYPE OF ACTION '.~,~-' ~~ `~ 521 SPRING LAKE ROAD XX Mortgage Foreclosure ''~" C~ ~ ~'_-`- OCALA, FL 34472 XX Civil Action ~~ , , SERVED Served and made known to PAUL T. LUJANAC ,Defendant on the o~~ day of 0 , 20 ~ at ~~~y~ o clock P M., at 5~ I~flO -~~ ~ ~~~ GI- 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: AgeJ q Height 5 ~ ~ ~ ~~ Weight ~ 5~ Race W Sex m Other I, m!~ w. ~Q/1C.S , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Foreclosure Complaint 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 iZ ~ day of , 20~-- az~~/YXt~'~~ By. NOT SERVED On th day of , 20_, at o clock _. M., I, , a competent adult hereby state that Defendant NOT FO cause: _ Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) _ No Answer on at at __ ~~ Notary: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 -Service Refused "6Y~; gEGINAJ. KOV~4~li Other: ` I', _ MY CAMMISSK)N # EE !561; ~~ ~* EXPIRES: November 2, 2073 i~ Sworn to and subscribed ~;a;;F~;,~'~ C~~ndedThruNotazyPublicUn~enrmters I~ before me this =,~:.,, of , 20_. y: Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 3095 t9 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Mazley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq., Id. No. 308877 Matthew G. Brushwood, Esq., Id. No. 310592 Zachazy J. Jones, Esq., Id. No. 310721 Justin F. Kobeski, Esq., Id. No. 200392 One Penn Center at Suburban Station CITIMORTGAGE, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW : NO. 2012-4872 CIVIL PAUL T. LUJANAC and LEONORE LUJANAC, Defendants MORTGAGE FORECLOSURE ORDER AND NOW, this 3o day of November, 2012, at the request of counsel for the parties, the conciliation conference in the above-captioned matter set for November 30, 2012, is continued to Wednesday, January 16, 2013, at 3:30 p.m. in Chambers of the undersigned. BY THE COURT, ~/ Kevin .Hess, P. J. -~ D. Troy Sellars, Esquire `-j ~._ For the Plaintiff ~ w ~ _'` _ . ~rT~ c~ ;~~__ -~ Jaime Haley, Esquire ~ ~ ~ ~'r-~- For the Defendants ~ r ° `~ ~' / / ~?d~i ~ ~m CITIMORTGAGE, INC., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION—LAW NO. 20124872 CIVIL PAUL T. LUJANAC and LEONORE LUJANAC, Defendants MORTGAGE FORECLOSURE IN RE: CONCILIATION CONFERENCE Present at a conciliation conference held April 5, 2013, were Troy Sellars, Esquire, attorney for the plaintiff, and Jaime Haley, Esquire, attorney for the defendant, Leonore Lujanac. There appear problems having to do with the ownership of this property which makes the resolution of this matter more than difficult. It was agreed that the homeowner would be given two weeks within which to produce a quitclaim deed. If such a deed is forthcoming, a continued conciliation conference will be set at the request of either party. If such a deed is not forthcoming, the Court will remove this matter from the conciliation program upon written request. April 5, 2013 �• Kevin . Hess, P. J. /'oy Sellars, Esquire For the Plaintiff /ime Haley, Esquire For Defendant Leonore Lujanac :rhn 4- � � CD l A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC., SB/M TO COURT OF COMMON PLEAS CITIFINANCIAL MORTGAGE CUMBERLAND COUNTY, PENNA. COMPANY,INC., SB/M TO . CITIFINANCIAL MORTGAGE C0l'1SUMEA R DISC-OUNT Civi?Division COMPANY 1000 TECHNOLOGY DRIVE O'FALLON,MO 63368, NO. 2012-4872-CIVIL Plaintiff, . cm M PAUL T. LUJANAC cn s o� LEONORE LUJANAC --4c) --4c ) 61 BURD DRIVE CAMP HILL,PA 17011-2515, �`° ,;., cF; C Defendants ' W r po S. ORDER AND NOW,this 3b day of 60 viz , 2013, upon consideration of(i)the Notice by Plaintiff's Counsel of Defendant, Leonore Lujanc's, failure to comply with this Court's Order that she provide Plaintiff's Counsel with a copy of a Quit Claim Deed transferring all of Paul T. Lujanac's interest in the property commonly known as 61 Burd Drive, Camp Hill, Pennsylvania, to Leonore Lujanac by April 19, 2013, and (ii)the record in this case as a whole,it is hereby ORDERED and DECREED as follows: 1. That the instant case is removed from the Court's Mortgage Foreclosure Diversion Program; PHS#291924 2. The stay associated with the Mortgage Foreclosure Diversion Program is lifted and Plaintiff may proceed with the underlying foreclosure action; and 3. The continued Conciliation Confernece previously scheduled for May 10, 2013, is cancelled. BY THE COURT M�/ T J. I� O� PHS#291924 PHELAN HALLINAN, LLP Attorney for Plaintiff Allison F. Zuckerman, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE INC., S/B/M TO CUMBERLAND COUNTY CITIFINANCIAL MORTGAGE COMPANY INC.,S/B/M TO COURT OF COMMON PLEAS. CITIFINANCIAL MORTGAGE C= a � CONSUMER DISCOUNT COMPANY CIVIL DIVISION rn0 c- ZC;D = -10 M VS. No. 12-4872 CIVIL r— --- �cj PAUL T. LUJANAC "" C) LEONORE LUJANAC Dom; Z5 °tea 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 PAUL T. LUJANAC and LEONORE LUJANAC, Defendants 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 $39,805.80 TOTAL $39,805.80 I hereby certify that (1) the Defendants' last known addresses are 521 SPRING LAKE ROAD, OCALA, FL 34472 and 61 BURD DRIVE, CAMP HILL, PA 17011-2515, and(2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date lison . Zuc rman, Esq., Id. No.309519 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 291924 rxs a 291924 PROTHONOTARY 291924 PHELAN HALLINAN, LLP Attorney for Plaintiff Allison F. Zuckerman, Esq., Id. No.30951.9 161.7 JFK Boulevard, Suite 1.400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE INC.,S/B/M TO CUMBERLAND COUNTY CITIFINANCIAL MORTGAGE COMPANY INC., S/B/M TO COURT OF COMMON PLEAS CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY CIVIL DIVISION VS. No. 12-4872 CIVIL PAUL T.LUJANAC LEONORE LUJANAC 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 defendants are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant PAUL T. LUJANAC is over 1.8 years of age and last known addresses are 521 SPRING LAKE ROAD, OCALA, FL 34472 and 61. BURD DRIVE, CAMP HILL, PA 1.7011-2515. (c) that defendant LEONORE LUJANAC is over 1.8 years of age and resides at 61 BURD DRIVE, CAMP HILL, PA 1.701.1-2515. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date 111V113 he an, LLP ison F. Zuckerman, Esq., Id. No.309519 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 21.5-563-7000 291924 Department of Defense Manpower Data Center Results as of:Jun-1 3-2013 12:10:41 SCRA 3.0 A­t - Statils RiePott P Uant to Scrvicemcmbm Civil Rel efAct. Last Name: LUJANAC First Name: LEONORE Middle Name: Active Duty Status As Of: Jun-13-2013 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 Outy 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 - iJ NA This response reflects where the individual left active duty status viithin 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 his/her unit has received'early notificatiori.to report for active duty Upon searching the data banks of the Department of Defense Manpower`Oata 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 Department of Defense Manpower Data Center Results as of:Jun-13-2013 12:10:39 SCRA 3.0 :.. �. Status Revott J Pursuant to Servicemembcrs Civil Relief Acct. �A Last Name: LUJANAC First Name: PAUL Middle Name: T Active Duty Status As Of: Jun-13-2013 On Active Duty On Active Duty Status Date Active Duty Start Dale Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based or 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 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. 00i '+A��_ Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 CITIMORTGAGE INC.,S1B/M TO COURT OF COMMON PLEAS CITIFINANCIAL MORTGAGE COMPANY INC., CIVIL DIVISION S/B1M TO CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY NO. 12-4872 CIVIL Plaintiff V. CUMBERLAND COUNTY PAUL T.LUJANAC L.EONORE LUJANAC Defendant(s) TO: PAUL T.LUJANAC 521 SPRING LAKE ROAD OCALA,FL 34472 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 COLLFCT 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: -- " Jr: at'han Lobb,Esq.,Id..No.312174 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 P1-IS#291924 CITIMORTGAGE INC.,SB/M TO COURT OF COMMON PLEAS CITIFINANCIAL MORTGAGE COMPANY INC., CIVIL DIVISION S/B/M TO CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY NO. 12-4872 CIVIL Plaintiff V. CUMBERLAND COUNTY PAUL T.LUJANAC LEONORE LUJANAC Defendant(s) TO: PAUL T.LUJANAC 61 BURD DRIVE CAMP HILL,PA 17011-2515 113 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 TI-M 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 1.701.3 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: � J0112,611a Lobb,Esq.,.Id.No.312174 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PHS#291924 CITIMORTGAGE INC.,S/B/M TO COURT OF COMMON PLEAS CITIFINANCIAL MORTGAGE COMPANY INC., CIVIL DIVISION SB/M TO CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY NO. 12-4872 CIVIL Plaintiff V. CUMBERLAND COUNTY PAUL T.LUJANAC LEONORE LUJANAC Defendants) TO: LEONORE LUJANAC 61 BURD DRIVE CAMP HILL,PA 17011-2515 DATE OF NOTICE: K121�3 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 WILI.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 I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 1.7013 717)249-31.66 By: J010flan Lobb,Esq.,Id.No.312174 A orney for Plaintiff Phelan Halli.nan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PHS#291924 CITIMORTGAGE INC.,SB/M TO COURT OF COMMON PLEAS CITIFINANCIAL MORTGAGE COMPANY INC., CIVIL DIVISION SB/M TO CIT.IFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY NO. 12-4872 CIVIL Plaintiff V. CUMBERLAND COUNTY PAUL,T.L.UJANAC LEONORE LUJANAC Defendant(s) TO: LEONORE LUJANAC C/O JAMIE M.HALEY,ESQUIRE 401 EAST LOUTI-IER STREET,SUITE 103 CARLISLE,PA 17013 DATE OF NOTICE: y 3 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.FROMM.THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER I.MPORTANT 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 I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 .(717)249-3166 By: v1 lkiban Lobb,Esq.,Id.No.312174 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PHS#291924 (Rule of Civil Procedure No. 236) - Revised CITIMORTGAGE INC., S/B/M TO CUMBERLAND COUNTY CITIFINANCIAL MORTGAGE COMPANY INC., S/B/M TO COURT OF COMMON PLEAS CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY CIVIL DIVISION . VS. , No. 12-4872 CIVIL PAUL T. LUJANAC LEONORE LUJANAC Notice is given that a Judgment in the above captioned matter has been entered against you on f By: If you have any questions concerning this matter please contact: Phelan Hall inan, LLP Allison F. Zuckerman, Esq., Id. No.309519 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. 291924 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CITIMORTGAGE INC.,SB/M TO CITIFINANCIAL MORTGAGE : COURT OF COMMON PLEAS COMPANY INC.,SB/M TO CITIFINANCIAL MORTGAGE CONSUMER : DISCOUNT COMPANY : CIVIL DIVISION Plaintiff : NO.: 12-4872 CIVIL v. • PAUL T.LUJANAC : CUMBERLAND COUNTY LEONORE LUJANAC Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due $39,805.80 �� cs t Interest from 06/15/2013 to Date of Sale $1,131.42 ($6.54 per diem) Ty. r'_. TOTAL $40,937.22 ' elan Hallinan,LLP J SEPH E. DEBARBERIE,Esq.,Id.No.315421 Attorney for Plaintiff Note: Please attach description of property. PHS#291924 OM\ 9?' I9d a6(7 L,1fC0 e F ) 03- 7S " 11/, SO 4( 1(9. S ? Lb40)- aslite Ck# /3W/c/ 411 aci19/Yil f(1 bi LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Eastern side of Burd Drive, which point is Five hundred twenty- one and sixty-six one-hundredths (521.66) feet South of the Southerly line of Brentwood Road and which point is at the line dividing Lots Nos. 9 and 10 on the hereinafter mentioned Plan of Lots; thence along said dividing line North forty-two (42) degrees thirty-one(31) minutes East one hundred twenty-five (125) feet to a point; thence South forty-seven (47) degrees twenty-nine (29)minutes East one hundred nine and forty-seven one-hundredths (109.47) feet to a point; thence South fifty-three (53) degrees nine(9) minutes West one hundred fifty-two (152) feet to the Eastern side of Burd Drive; thence along the same by an arc curving to the left, having a radius of one hundred forty-eight and four one-hundredths (148.04) feet, an arc distance of eighty-six and twenty-one one-hundredths (86.21) feet to the point of BEGINNING. BEING Lot No. 9, Block D, Plan of Northwood Hills, as recorded in the Cumberland County Recorder's Office in Plan Book 9, Page 29. HAVING thereon erected a brick and aluminum siding dwelling house. TITLE TO SAID PREMISES IS VESTED IN Paul T. Lujanac and Leonore Lujanac, h/w, by Deed from Harold Frantz, widower, dated 10/30/1991,recorded 10/31/1991 in Book J-35, Page 268. PREMISES BEING: 61 BURD DRIVE,CAMP HILL,PA 17011-2515 PARCEL NO.09-19-1590-058 PHELAN HALLINAN, LLP _ : Attorneys for Plaintiff JOSEPH E. DEBARBERIE, Esq., Id. No.315421i 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ,jU —5 10: 21 Philadelphia, PA 19103 215-563-7000 ;,U BERLi- ND c JIdR PENNSYLVANIA CITIMORTGAGE INC., S/B/M TO CITIFINANCIAL : COURT OF COMMON PLEAS MORTGAGE COMPANY INC., S/B/M TO CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY : CIVIL DIVISION Plaintiff : NO.: 12-4872 CIVIL v. PAUL T. LUJANAC : CUMBERLAND COUNTY LEONORE LUJANAC Defendant(s) 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 ),( `C elan Hallinan,LLP SEPH E.DEBARBERIE,Esq.,Id.No.315421 Attorney for Plaintiff ITIMORTGAGE INC., SB/M TO CITIFINANCIAL COURT OF COMMON PLEAS 1VIORTGAGE COMPANY INC., SB/M TO CITIFINANCIAL MORTGAGE CONSUMER CIVIL DIVISION DISCOUNT COMPANY • Plaintiff • NO.: 12-4872 CIVIL v. CUMBERLAND COUNTY PAUL T. LUJANAC LEONORE LUJANAC Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE INC.,S/B/M TO CITIFINANCIAL MORTGAGE COMPANY INC.,S/B/M TO CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY,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 61 BURD DRIVE, CAMP HILL,PA 17011-2515. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) PAUL T.LUJANAC 521 SPRING LAKE ROAD OCALA,FL 34472 LEONORE LUJANAC 61 BURD DRIVE CAMP HILL,PA 17011-2515 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably cis j V^ ascertained,please so indicate) ;r _ _-• c5c PAUL T.LUJANAC 521 SPRING LAKE ROAD OCALA,FL 34472 4 `s.� - LEONORE LUJANAC 61 BURD DRIVE CAMP HILL,PA 17011-2515 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) COMMONWEALTH OF PA DEPT.OF P.O.BOX 280948 PERSONAL INCOME TAX HARRISBURG,PA 17128-1230 COMMONWEALTH OF PA DEPT.OF P.O.BOX 280946 PERSONAL INCOME TAX HARRISBURG,PA 17128-0946 PHS #291924 Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) PENNSYLVANIA HOUSING FINANCE 211 NORTH FRONT STREET AGENCY PO BOX 15530 HARRISBURG,PA 17105-5530 PENNSYLVANIA HOUSING FINANCE 211 NORTH FRONT STREET AGENCY HARRISBURG,PA 17105 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) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 61 BURD DRIVE CAMP HILL,PA 17011-2515 COMMONWEALTH OF PENNSYLVANIA, 6TH FLOOR STRAWBERRY SQUARE BUREAU OF INDIVIDUAL TAX, DEPARTMENT 280601 INHERITANCE TAX DIVISION HARRISBURG,PA 17128 DEPARTMENT OF PUBLIC WELFARE,TPL P.O.BOX 8486 CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG,PA 17105 PAUL LUJANAC PA PROBATION&PAROLE BOARD C/O KARA W.HAGGERTY,ESQUIRE 1101 S FRONT STREET SUITE 5100 HARRISBURG,PA 17104-2515 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING PHS #291 924 LEONORE LUJANAC 401 EAST LOUTHER STREET C/O JAMIE M.HALEY,ESQUIRE SUITE 103 CARLISLE,PA 17013 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 it.to authorities. j� ,,�� Date: I Z- �� On c2�•r/'C'L. an Hallinan,LLP EPH E.DEBARBERIE,Esq.,Id.No.315421 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PHS #291924 CITIMORTGAGE INC., S/B/M TO CITIFINANCIAL : COURT OF COMMON PLEAS MORTGAGE COMPANY INC., S/B/M TO CITIFINANCIAL . MORTGAGE CONSUMER DISCOUNT COMPANY : CIVIL DIVISION Plaintiff : NO.: 12-4872 CIVIL • vs. : CUMBERLAND COUNTY PAUL T. LUJANAC LEONORE LUJANAC Defendant(s) Fri NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ti ,_ TO: PAUL T. LUJANAC LEONORE LUJANAC ,�3�"� (-11 �- - tee. 521 SPRING LAKE ROAD 61 BURD DRIVE -- OCALA, FL 34472 CAMP HILL, PA 17011-2515 °,-. **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 61 BURD DRIVE, CAMP HILL,PA 17011-2515 is scheduled to be sold at the Sheriff's Sale on 12/04/2013 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$39,805.80 obtained by CITIMORTGAGE INC.,S/B/M TO CITIFINANCIAL MORTGAGE COMPANY INC.,S/B/M TO CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY(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 SHERIFFS 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 ti 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. 12-4872 CIVIL CITIMORTGAGE INC., S/B/M TO CITIFINANCIAL MORTGAGE COMPANY INC., S/B/M TO CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY v. PAUL T. LUJANAC LEONORE LUJANAC owner(s) of property situate in the TOWNSHIP OF EAST PENNSBORO, CUMBERLAND County, Pennsylvania, being 61 BURD DRIVE, CAMP HILL, PA 17011-2515 Parcel No. 09-19-1590-058 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $39,805.80 Attorneys for Plaintiff Phelan Hallinan, LLP 4. LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Eastern side of Burd Drive, which point is Five hundred twenty- one and sixty-six one-hundredths (521.66) feet South of the Southerly line of Brentwood Road and which point is at the line dividing Lots Nos. 9 and 10 on the hereinafter mentioned Plan of Lots; thence along said dividing line North forty-two (42) degrees thirty-one(31) minutes East one hundred twenty-five (125) feet to a point; thence South forty-seven (47) degrees twenty-nine (29) minutes East one hundred nine and forty-seven one-hundredths (109.47) feet to a point; thence South fifty-three(53) degrees nine (9) minutes West one hundred fifty-two (152) feet to the Eastern side of Burd Drive; thence along the same by an arc curving to the left, having a radius of one hundred forty-eight and four one-hundredths (148.04) feet, an arc distance of eighty-six and twenty-one one-hundredths (86.21) feet to the point of BEGINNING. BEING Lot No. 9, Block D, Plan of Northwood Hills, as recorded in the Cumberland County Recorder's Office in Plan Book 9, Page 29. HAVING thereon erected a brick and aluminum siding dwelling house. TITLE TO SAID PREMISES IS VESTED IN Paul T. Lujanac and Leonore Lujanac, h/w, by Deed from Harold Frantz, widower, dated 10/30/1991,recorded 10/31/1991 in Book J-35, Page 268. PREMISES BEING: 61 BURD DRIVE,CAMP HILL,PA 17011-2515 PARCEL NO.09-19-1590-058 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-4872 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due CITIMORTGAGE INC.,S/B/M TO CITIFINANCIAL MORTGAGE COMPANY INC.,S/B/M TO CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT CONSUMER Plaintiff(s) From PAUL T. LUJANAC,LEONORE LUJANANC (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: $39,805.80 L.L.: $.50 Interest FROM 6/15/2013 TO DATE OF SALE($6.54 PER DIEM)-$1,131.42 Atty's Comm: Due Prothy: $2.25 Atty Paid: $212.75 Other Costs: Plaintiff Paid: Date: 7/5/13 David D. Buell,Prothonotary (Seal) By,Q&l. 73Z I Deputy REQUESTING PARTY: Name: JOSEPH E. DEBARBERIE,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. 315421 AFFIDAVIT OF SERVICE(FHLMC) PLAINTIFF CUMBERLAND COUNTY CITIMORTGAGE INC.,SB/M TO CITIFINANCIAL MORTGAGE COMPANY INC.,SB/M TO CITIFINANCIAL MORTGAGE PH#785746 CONSUMER DISCOUNT COMPANY DEFENDANT SERVICE TEAM/lxh PAUL T.LUJANAC COURT NO.:12-4872 CIVIL LEONORE LUJANAC SERVE LEONORE LUJANAC AT: TYPE OF ACTION f. a 61 BURD DRIVE XX Notice of Sheriffs Sale G --t CAMP HILL,PA 17011-2515 SALE DATE: December 4,2013.b� " **DIVORCED-One cannot accept service for the other** Pnco- r" SERVED ��1/ �� Fand mad known�O LEONORE LUJANAC,Defendant on the�day of� i_—'20 (3 o r 4 o'clock .M.,at Cj p>;(IUL f1P�Q in the manner described below: <p v Y fendant rsonally served. p n CAdult family member with whom Defendant(s)reside(s). ? CD t Relationship is T� 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 ,3 Weight 136� Race � ex Other I, l -�� ,a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec.4904 relating to unsworn falsification to authorities. - DATE:3f-- .I U(� NAME: PRINTED NAME: p TITLE: f(2-0L4US NOTSERVED On the dayy of 20_,at o'clock .M.,I, a competent adult hereby state that a endant I� 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 Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 X�J AFFIDAVIT OF SERVICE(FHLMC) PLAINTIFF I CUMBERLAND COUNTY CITIMORTGAGE INC.,S/B/M TO CITIFINANCIAL MORTGAGE COMPANY INC.,SB/M TO CITIFINANCIAL MORTGAGE PH#785746 CONSUMER DISCOUNT COMPANY DEFENDANT SERVICE TEAM/lxh PAUL T.LUJANAC COURT NO.: 12-4872 CIVIL LEONORE LUJANAC SERVE PAUL T.LUJANAC AT: TYPE OF ACTION 521 SPRING LAKE ROAD XX Notice of Sheriffs Sale OCALA,FL 34472 SALE DATE: December 4,2013 r.7 **DIVORCED-One cannot accept service for the other** w SERVED -t1 ' Se,r a and madg,known to PAUL T.LUJANAC,Defend nt on theo�day of JU h/ 201 o'clock_N M.,at 1 in the manner described below: r t O ,DDefendant personally served. CCU G,-F t* 13 4 q 7j-. _Adult family member with whom Defendant(s)reside(s). © p Relationship is �n .1 _Adult in charge of Defendant's residence who refused to give name or relationship. 5 ----tom' _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: • U Description: Age Height 5 �� Weight ��7 Race W Sex m Other I,t r/Il " (,( -Iln a,a competent adult,being duly sworn according to law,depose and state 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. Sworn to and subscribed before me this_2 day of ,20J_3 RE J.!�OVACH =►: 1` tJN Cod. %:0.'4#EE 196150 �. EXPIRE NOMER'UED On the da of 0cky"0b na�j rners a competent adult hereby state that�efendant ause: - _Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) _No Answer on at at _Service Refused Other: Sworn to and subscribed before me this day of —20— By: Notary: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 PHELAN HALLINAN,LLP Attorney for Plaintiff John Michael Kolesnik,Esq.,Id.No.308877 1617 JFK Boulevard, Suite 1400 I ,� One Penn Center Plaza Philadelphia,PA 19103 t John.Kolesnik @phelanhallinan.com = 215-563-7000 IN THE COURT OF COMMON PLEAS r) OF CUMBERLAND COUNTY,PENNSYLVANIA ' ! CITIMORTGAGE INC.,S/B/M TO CUMBERLAND COUNTY ..t CITIFINANCIAL MORTGAGE COMPANY INC., . S/B/M TO CITIFINANCIAL MORTGAGE COURT OF COMMON PLEAS CONSUMER DISCOUNT COMPANY Plaintiff, CIVIL DIVISION v. No.: 12-4872 CIVIL PAUL T.LUJANAC LEONORE LUJANAC 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 here o •or "A". John chael Kolesnik,Esq.,Id.No.308877 Date: Att• ney for Plaintiff 6l[/ 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#785746 a i f I Name and Phelan Hallman,LLP Address 1010 1617 1FK Boulevard,Suitt 1400 y ° h Of Sender One Perm Center Plaza t , Ct e1 Philadelphia,PA 19103 AZK/MIC-12/04/2013 SALE 4. fl N Line Article Number ' Name of Addressee,Street,and Post Office Address Postage a 1 **** COMMONWEALTH OF PENNSYLVANIA 50.45 �^. i . DEPARTMENT OP WELFARE 44 V✓ Q P.O.BOX 2675 HARRISBURG,PA 17105 e 1 m z<tn 2 •"" INTERNAL REVENUE SERVICE ADVISORY $0.45 woo 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 Ay3• 3 a*** U.S.DEPARTMENT OF JUSTICE $0.45•• ��•►'"f U.S.ATTORNEY FOR THE MIDDLE DISTRICT OF PA ,.'►'d"0r FEDERAL BUILDING 228 WALNL'T STREET,SUITE 220 r PO BOX 11754 • ' HARRISBURG,PA 17108-1754 4 """" LEON ORE LUJANAC C/O JAMIE M.HALEY,ESQUIRE $0.45 401 EAST LOUTHER STREET SUITE 103 CARLISLE PA 17013 y e+lt"'P11 ''4" fl'Pli^C-(CIAIBTr AM3-----i KS:IL29,1924/1+121 . Page 2 oft Writ Team $5.85 •Tabl Wunber pf Teel Medea of Pieaa 9oasreaer,9er(tune et Tlx fill dsobxotion of value is equrcd on all demratk and re:twionalttEbtn.d mail The maximum iskmniy payabk Pieces Lined bySender Received at Post°Tia Rea(vtna Em laYee) for Mt moontruetior oftmmeestiaikdotuments under Express Mad doeurcrc reconstruction insurance is 530,000 per pxco subject in alinil of S5)0.000 pot 000o ame.The m.ximual indemnity payable col Eapreu Mai.merchinelse in 5:00. TN tsasimum indeimity parable is$23,01:0 farad istered moil,tent with ortionat insurance..Sex Commie Mail Minwf 1 - ,MD 3913 and 5921 Cur lhdtsemeoreovrn>,c. Form 3877 Facsimile 1a�114 COI -[.. 't' r) Name and Phelan Hailinan,LLP _ Address 1617 JFK Boulevard,Suite 1400 o < 1 D Of Sender One Penn Center Plaza Philadelphia,PA 19103 AZKIMIC-12/04/2013 SALE t Line Article Number Naene of Addressee,Street,and Post Office Address Postage 1 **** TENANT/OCCUPANT $0.45. 61[3URA DRIVE CAMP BILL,PA 17011-1515 ° 2 "*** COMMON WEALTH.OF PA Dui:.OF PERSONAL INCOME TAX $0.45 N°o P.O.BOX 280948 „ HARRISBURG,'PA 17128-1230 - '� i 3 **** vim_ COMMONWEALTH OF PA DEPT.OF PERSONAL INCOME TAX $0.45 ,. ` • `4. I P.O.BOX 280946 a.■ HARRISBURG,PA 17118-0946 s 1' 4 **** COMMONWEALTH OF PENNSYLVANIA,`BUREAU OP INDIVIDUAL TAX,INHERITANCE TAX S0.45 DIVISION s 6TH FLOOR STRAWBERRY SQUARE • I DEPARTMENT 280601 ' HARRISBURG,PA 1.7128 5 '*** DEPARTMENT OF PUBLIC WELFARE,TPL CASUALTY UNIT,ESTATE RECOVERY PROGRAM $0.45 - P.O.BOX 8486 = WILLOW OAIC'BIRTHING o HARRISBURG,PA 17105 6 .**** - PAUL LUTANAC C/O KARA W.HAGGERTY,ESQUIRE.. SO 45� PA PROBATION&PAROLE'BO.ARD s8 •110.1 S FRONT STREET SUITE 5100 HARRISBURG,PA 17104-2515 L ' `` 7 **** PENNSYLVANIA HOUSING FINANCE AGENCY $0.45°x;,: 4,, , 211 NORTH FRONT STREET • PO BOX 15530 - * HARRISBURG,PA 17105-5530 i 8 **•*: PENNSYLVANIA HOUSING FINANCE AGENC]r $0.45 211.NORTH FRONT STREET a , . I HARRISBURG,PA 17105 r ` 9 **** _ DOMESTIC RELATIONS OF S0.45 CUMBERLAND COUNTY t cw t 13 NORTH HANOVER STREET - .= CARLISLE,PA 17013 ' = RE_PAUL T.Li1d,ALYAG fi32111iNOj--=-PTIS 3f9Z4-11-0 :-w.°4Pa 4--_----li±rit-Team Total liwdmt of ' Total tivnttcr ofPkcca Pasarnster,Pa(tanrieaf The fun dcientkn of value b tooled an en donwnk and ineneubeslregtnesett malt Tae smeiznsss iafennSn•poynbte Intact thled by Sender I Received at PostOil+cn Receiving Emiioyye) rrthe+teomwetionofavtatestbAk dxv meate ender Eep.see tda;e¢newonx reongimen!n i wrce it SSD.4r0 f<r" _ y piex sari tell Hid of$$(0.0)0 put occurrence.The anxtmum iniotnify payable m Eapros;Maiiaioch:adce$5100. . The mrcisanr h tiartnilypejsbl3Is 513.000 for registered evil,a a with a oioml immnce,Ewe Dearefk.Nail Msaosl .. - R970 591d and St21 forIliniatiomoftowealee. . 1 Form 3877 Facsimile - - ■ it;.,f,fji~7J7 Phelan Hallinan, LLP ••1 , John D. Krohn, Esq., Id. No.312244 h IT: 1ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 C `t°_ A vAN One Penn Center Plaza �''1' kNS I'D CO. 'i7 Y Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 CITIMORTGAGE INC., S/B/M TO • Court of Common Pleas CITIFINANCIAL MORTGAGE COMPANY INC., : S/B/M TO CITIFINANCIAL MORTGAGE : Civil Division CONSUMER DISCOUNT COMPANY • Plaintiff • CUMBERLAND County v. • No.: 12-4872 CIVIL • PAUL T. LUJANAC LEONORE LUJANAC 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 August 6, 2012. 2. Judgment was entered on June 14, 2013 in the amount of$39,805.80. 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. 785746 4. The Property is listed for Sheriffs Sale on March 12, 2014. 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 $39,119.51 Interest Through March 12, 2014 $6,395.26 Late Charges $82.44 Legal fees $2,625.00 Cost of Suit and Title $1,168.09 Property Inspections $256.50 Escrow Deficit $6,462.13 TOTAL $56,108.93 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. Plaintiffs 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 January 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"B". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. 785746 Phelan Hallinan, LLP DATE: 04/4 By: John D. Krohn, Esquire ATTORNEY FOR PLAINTIFF 785746 Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 CITIMORTGAGE INC., S/B/M TO • Court of Common Pleas • CITIFINANCIAL MORTGAGE COMPANY INC., S/B/M TO CITIFINANCIAL MORTGAGE : Civil Division • CONSUMER DISCOUNT COMPANY Plaintiff • CUMBERLAND County v. • No.: 12-4872 CIVIL PAUL T. LUJANAC LEONORE LUJANAC Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE PAUL T. LUJANAC and LEONORE LUJANAC 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 61 BURD DRIVE, CAMP HILL, PA 17011-2515. 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 785746 cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are 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 785746 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, 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 785746 Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). 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 Sheriffs 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. 785746 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. 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 785746 Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 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 Sheriffs sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its 785746 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. 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. 785746 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 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: //Oh By: John D. Kro , Esquire Attorney for Plaintiff 785746 • Exhibit "A" PHELAN HALLINAN, LLP Attorney for Plaintiff Allison F. Zuckerman, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE INC., S/B/M TO : CUMBERLAND COUNTY CITIFINANCIAL MORTGAGE COMPANY INC.,S/B/M TO : COURT OF COMMON PLEASE CITIFINANCIAL MORTGAGE -'' CONSUMER DISCOUNT COMPANY . CIVIL DIVISION rrn Fri:71 vs. No. 12-4872 CIVIL �D p PAUL T. LUJANAC >e, LEONORE LUJANAC o on 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 PAUL T.LUJANAC and LEONORE LUJANAC, Defendants 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 $39,805.80 TOTAL $39,805.80 I hereby certify that (1) the Defendants'last known addresses are 521 SPRING LAKE ROAD, OCALA, FL 34472 and 61 BURD DRIVE, CAMP HILL,PA 17011-2515, and(2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date b4/9 iison . Zuc, man,Esq., Id. No.30951' Attorney for Plaintiff DAMAGES ARE/HEREBY ASSESSED AS INDICATED. DATE: 41/1t/i3 C 1121're 71 291924 p.11 a.9i9&71 ' r Exhibit "B" PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania January 16,2014 JAMIE M.HALEY,ESQUIRE 401 EAST LOUTHER STREET, SUITE 103 CARLISLE,PA 17013 PAUL T. LUJANAC 521 SPRING LAKE ROAD OCALA,FL 34472 RE: CITIMORTGAGE INC., S/B/M TO CITIFINANCIAL MORTGAGE COMPANY INC., S/B/M TO CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY v. PAUL T. LUJANAC and LEONORE LUJANAC Premises Address: 61 BURD DRIVE CAMP HILL, PA 17011 CUMBERLAND County CCP,No. 12-4872 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 1/22/2014. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, John D. Krohn,Esq.,9414,..... . No.312244 Attorney for Plaintiff Enclosure 785746 • t'L„- '.L Nvr 1.01 i?£ti 0 — S3 0B; vid<<3 Jv.`ud} S f 1 .. - E ''''''/ e:u F w v et M s G 7 N u R .O � O G T O ` E c-°-0 m, E ua N.d 13 E_ C C-Y- N •° C w U•d t U c F m ❑ , to F " W — N O U O Sri 0 O U O• y..� b °V, iY W U ',.ii p 1-1 1110 N v' Y E o', W. -c rn N In 00 N W . I LIAN • • a ° • Z E • wo O C a E V) ral .W • CZ Wo d V ti cn 1. V] as O g O a+ ti z --1 " '-' C's 0,?v z r� h z' Q W 4 W H o � = G R' ,b ti a M ' I a = 0 a s .v c W l [- a 0 = z - _ aM �? a' o JII a �a � a az Etid aWd41 -0 a W a 50 O roQ V Q W Q O � W ° • p N a — Ors. Zaill C) a ∎loU ■-n .? cGIX F 6> ..r E x z 3 3 -o v O A U w k 4.) -K 3 -0 G ., M V s g v, b 7,b ` I a) 3. M 17 4 . C •'" N M °' Q Z < O . Fa GZt • • e Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 CITIMORTGAGE INC., S/B/M TO Court of Common Pleas • CITIFINANCIAL MORTGAGE COMPANY INC., S/B/M TO CITIFINANCIAL MORTGAGE • Civil Division • CONSUMER DISCOUNT COMPANY Plaintiff : CUMBERLAND County • v. • No.: 12-4872 CIVIL • PAUL T. LUJANAC LEONORE LUJANAC 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. JAMIE M. HALEY, ESQUIRE PAUL T. LUJANAC 401 EAST LOUTHER STREET, SUITE 103 61 BURD DRIVE CARLISLE, PA 17013 CAMP HILL, PA 17011-2515 PAUL T. LUJANAC 521 SPRING LAKE ROAD OCALA, FL 34472 Phelan Hallinan, LLP DATE: /l30//y By: John D. ohn, Esquire ATTORNEY FOR PLAINTIFF 785746 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CITIMORTGAGE INC., S/B/M TO Court of Common Pleas CITIFINANCIAL MORTGAGE COMPANY INC., S/B/M TO CITIFINANCIAL MORTGAGE Civil Division CONSUMER DISCOUNT COMPANY Plaintiff CUMBERLAND County V. No.: 12-4872 CIVIL PAUL T. LUJANAC LEONORE LUJANAC Defendants RULE AND NOW,this /4 " day of F" 2014, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs 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 T COURT J. M 71 D Cj -<CD 785746 ' ' 3 John D.Krohn,Esq.,Id.No.312244 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215) 563-7000 FAX: (215)563-3459 ,,,�AMIE M. HALEY, ESQUIRE /5A­UL T. LUJANAC 401 EAST LOUTHER STREET, SUITE 103 61 BURR DRIVE CARLISLE, PA 17013 CAMP HILL, PA 17011-2515 PAUL T. LUJANAC 521 SPRING LAKE ROAD OCALA, FL 34472 /`� ,r,(f 785746 'r 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@phelanhallinan.com 215-563-7000 CITIMORTGAGE INC., S/B/M TO Court of Common Pleas CITIFINANCIAL MORTGAGE COMPANY INC., : S/B/M TO CITIFINANCIAL MORTGAGE : Civil Division CONSUMER DISCOUNT COMPANY • Plaintiff : CUMBERLAND County • t vs. • No.: 12-4872 CIVIL �4 - i • PAUL T. LUJANAC r LEONORE LUJANAC Defendants c --A` CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's February 10, 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. JAMIE M. HALEY, ESQUIRE PAUL T. LUJANAC 401 EAST LOUTHER STREET, SUITE 103 61 BURD DRIVE CARLISLE,PA 17013 CAMP HILL, PA 17011-2515 PAUL T. LUJANAC 521 SPRING LAKE ROAD OCALA, FL 34472 Phelan Hallina., LLP DATE: 2//V/IV By: //,/ Jo• an Lobb,Esq.,Id.No.312174 Attorney for Plaintiff 785746 Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215 -563 -7000 2E y F k `` 1 D A '5 NEY FOR PLAINTIFF CUMBERLAND COUNTY PENNSYLVANIA CITIMORTGAGE INC., S /B /M TO CITIFINANCIAL MORTGAGE COMPANY INC., S /B /M TO CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY Plaintiff vs. PAUL T. LUJANAC LEONORE LUJANAC Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 12 -4872 CIVIL MOTION TO MAKE RULE ABSOLUTE CITIMORTGAGE INC., S/B /M TO CITIFINANCIAL MORTGAGE COMPANY INC., S /B /M TO CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY, 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 January 31, 2014. 2. A Rule was issued by the Honorable Judge Hess on or about February 10, 2014 directing the Defendants to show cause by March 3, 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 February 14, 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 March 3, 2014. 785746 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs Motion to Reassess Damages. DATE: —2/ Ogg By: John D. Irohn, Esq., Id. No.312244 Attorney for Plaintiff Phelan Ha linan, LLP 785746 Exhibit "A" 785746 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CITIMORTGAGE INC., S/B /M TO CITIFINANCIAL MORTGAGE COMPANY INC., S /B /M TO CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY Plaintiff v, PAUL T. LUJANAC LEONORE LUJANAC Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 12 -4872 CIVIL RULE AND NOW, this ! 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 rn cr 376. 785746 John D. Krohn, Esq., Id. No.312244 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 JAMIE M. HALEY, ESQUIRE 401 EAST LOUTHER STREET, SUITE 103 CARLISLE, PA 17013 PAUL T. LUJANAC 521 SPRING LAKE ROAD OCALA, FL 34472 PAUL T. LUJANAC 61 BURD DRIVE CAMP HILL, PA 17011-2515 785746 Exhibit `‘B' 785746 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan. Lobb @phelanhal l inan. com 215 -563 -7000 CITIMORTGAGE :TN+ „'S/I3f.M' TO CITIFINANCIAL MORTGAGE.. COMPANY INC,, S/I3WM TO CI:1 "ITINANC:I AL MORTGAGE CONSUMER DISCOUNT COMPANY Plaintiff vs. PAUL T. LUJANAC LEONORE LUJANAC Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 12 -4872 CIVIL CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's February 10, 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. JAMIE M. HALEY, ESQUIRE 401 EAST LOUTHER STREET, SUITE 103 CARLISLE, PA 17013 PAUL T. LUJANAC 521 SPRING LAKE ROAD OCALA, FL 34472 DATE: By: PAUL T. LUJANAC 61 BURD DRIVE CAMP HILL, PA 170 Phelan Hallina; obb, Esq., Id. No.312174 ey for Plaintiff 785746 Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan com 215-563-7000 ATTORNEY FOR PLAINTIFF CITIMORTGAGE INC., S/B/M TO Court of Common Pleas CITIFINANCIAL MORTGAGE COMPANY INC., : S/B/M TO CITIFINANCIAL MORTGAGE Civil Division CONSUMER DISCOUNT COMPANY Plaintiff CUMBERLAND County vs. No.: 12-4872 CIVIL PAUL T. LUJANAC LEONORE LUJANAC Defendants 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. JAMIE M. HALEY, ESQUIRE 401 EAST LOUTHER STREET, SUITE 103 CARLISLE, PA 17013 PAUL T. LUJANAC 521 SPRING LAKE ROAD OCALA, FL 34472 DATE: 3)?!!',' By: John D. Kfohn, Esq., Id. No.312244 Attorney for Plaintiff PAUL T. LUJANAC 61 BURD DRIVE CAMP HILL, PA 17011-2515 Phelan Hallinan, LLP 785746 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA CITIMORTGAGE INC., S/B/M TO • Court of Common Pleas CITIFINANCIAL MORTGAGE COMPANY INC., : S/B/M TO CITIFINANCIAL MORTGAGE : Civil Division CONSUMER DISCOUNT COMPANY • Plaintiff • CUMBERLAND County • vs. • No.: 12-4872 CIVIL `7 rn PAUL T. LUJANAC LEONORE LUJANAC c Defendants ORDER '' AND NOW, this 12' day of /4/4.c.4 , 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 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 $39,119.51 Interest Through March 12, 2014 $6,395.26 Late Charges $82.44 Legal fees $2,625.00 Cost of Suit and Title $1,168.09 Property Inspections $256.50 Escrow Deficit $6,462.13 TOTAL $56,108.93 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. Cp i'cs in l L BY T COURT: (44-k( iCizoLiJ * r J. 1-61,t J. Zit)SA) C. 785746 k. k '�asC- 3//31141— /� Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY i.i3,Yrr,Ia`iC}+ E r `� JUN 12 H 9. 30 CUMBERLAND COUNTY PENNSYLVANIA OFFICE. or TNm S:'E41f F Citimortgage, Inc vs. Paul T. Lujanac (et al.) Case Number 2012-4872 SHERIFF'S RETURN OF SERVICE 09/27/2013 05:25 PM - Deputy Stephen Bender, 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 61 Burd Drive, East Pennsboro - Township, Camp Hill, PA 17011, Cumberland County. 09/27/2013 05:25 PM - Deputy Stephen Bender, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Leonore Lujanac at 61 Burd Drive, East Pennsboro Township, Camp Hill, PA 17011, Cumberland County. 12/04/2013 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 3/12/2014 03/11/2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 4/9/2014 04/09/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states thatafter due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, on April 9, 2014 at 10:00 a.m. He sold the same for the sum of $ 1.00 to Attorney Joseph Schalk, on behalf of Federal Home Loan Mortgage Corporation, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $871.80 SO ANSWERS; May 23, 2014 RON ( R ANDERSON, SHERIFF (c) CouritySimie Sheriff ..1 eleoscft, Inc. woo Pd' _- a as"- PI - Co. a-0 -* 3 07/, q On August 26, 2013 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as, 61 Burd Drive, Camp Hill, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: August 26, 2013 By: Real Estate Coordinator 10'.1.6 g- LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No. 2012-4872 Civil Term CITIMORTGAGE, INC vs. PAUL T. LUJANAC, Leonore Lujanac Atty.: Joseph Schalk By virtue of a Writ of Execution No. 12-4872 CIVIL, CITIMORTGAGE INC. s/b/m TO CITIFINANCIAL MORTGAGE COMPANY INC. s/b/m TO CITIFINANCIAL MORTGAGE CONSUMER DISCOUNT COMPANY v. PAUL T. LUJANAC, LEONORE LUJANAC owner(s) of property situ- ate in the TOWNSHIP OF EAST PENNSBORO, CUMBERLAND Coun- ty, Pennsylvania, being 61 BURD DRIVE, CAMP HILL, PA 17011-2515. Parcel No. 09-19-1590-058. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: $39,805.80. 80 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 11, October 18 and October 25, 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. Marie Coyne, E itor SWORN TO AND SUBSCRIBED before me this 25 day of October, 2013 NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot -News Co. 020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 he atriotXews 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. mi mai Ir_ a inki CfPY 20124872 Clvll Term CITIMORTGAGE, INC vs. PAUL T. LUJANAC Leonora Lujanac Atty: Joseph Schalk By virtue of a Writ of Execution No. 12-4872 CIVIL CITIMORTGAGE INC., S/B/M TO CITIFINANCIAL MORTGAGE .COMPANY INC., SHIM TO CITIFINANCIAL . MORTGAGE CONSUMER DISCOUNT COMPANY v. , PAUL T. LUJANAC LEONORE LUJANAC owner(s) of property situate in the TOWNSHIP OF EAST PENNSBORO, CUMBERLAND County, Pennsylvania, being 61 BURD DRIVE, CAMP HILL, PA 17011- 2515 Parcel No. 09-19-1590-058 (Acreage or street address) Improvements thereon: RESIDENTIAL, DWELLING Judgment Amount: S39,805.80 This ad ran on the date(s) shown below: 10/13/13 10/20/13 10/27/13 Sworn to and subscribed before me this 11 day of November, 2013 A.D. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Il L nn Warfel, Notary Public n Twp., Dauphin County Commission Ex Ices Dec. 12, 2016 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES Hoyy Washingto p , P My $ 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 Federal Home Loan Mtg Corp is the grantee the same having been sold to said grantee on the 9th day of April A.D., 2014, under and by virtue of a writ Execution issued on the 5th day of July, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 4872, at the suit of Citimortgage Inc sbm Citifinancial Mtg Co Inc sbm CitiFinancial Mtg C D C against Paul T & Leonore Lujanac is duly recorded as Instrument Number 201412348. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this as ,A.D. O/1/ 7/kt-4ri day of Recorder of Deeds er Deeds, Cumberland County, Carlisle, PA My Comm 'on Expires the First Monday of Jan. 2018