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HomeMy WebLinkAbout12-4937IL ED-0FFICE . i OTHONOTAR*" ?u12 A00 -8 AM 10: 40 CUMBERLANO COUNTY 71ENNSYLYANIA PHELAN HALLINAN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 RBS CITIZENS, N.A. F/K/A CITIZENS BANK, N.A. S/B/M TO CITIZENS MORTGAGE CORPORATION 10561 TELEGRAPH ROAD GLEN ALLEN, VA 23059 Plaintiff V. CAROLYN M. SCHELL 4180 KITTATINNY DRIVE MECHANICSBURG, PA 17050-9138 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM a-,4 613 I NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File 4: 302940 9- j at a ocif 1 al (q,?(o S P-t Q -7 96d NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 302940 Plaintiff is RBS CITIZENS, N.A. F/K/A CITIZENS BANK, N.A. S/B/M TO CITIZENS MORTGAGE CORPORATION 10561 TELEGRAPH ROAD GLEN ALLEN, VA 23059 2. The name(s) and last known address(es) of the Defendant(s) are: CAROLYN M. SCHELL 4180 KITTATINNY DRIVE MECHANICSBURG, PA 17050-9138 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 07/09/2002 CAR.OLYN M. SCHELL and JOHN W. SCHELL 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 1764, Page 4422.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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File 4: 302940 6. The following amounts are due on the mortgage as of 06/15/2012: Principal Balance $41,782.26 Interest $3,367.11 02/01/2011 through 06/15/2012 Late Charges $115.92 Property Inspections $98.65 Escrow Deficit $1,291.29 TOTAL $46,655.23 7 8 9. 10 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. JOHN W. SCHELL was a co-record owner of the mortgaged premises as a tenant by the entirety. By virtue of JOHN W. SCHELL's death on or about 08/06/2011, his ownership interest was automatically vested in the surviving tenant by the entirety. Plaintiff hereby releases JOHN W. SCHELL, from liability for the debt secured by the mortgage. File #: 302940 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $46,655.23, 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 HALL i?N & EG, LLP By: lison F. s, Esq., Id. No. 309519 Attorney for Plaintiff File #: 302940 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tratc of land situate in Hampden Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern right-of-way line of Kittatinny Drive (64 feet wide private), at the dividing line of Lot #71 and Lot 472; said point also being located 681.28 feet west of the northwest corner of Kittatinny Drive and Tussey Court; THENCE by the northern right-of-way line of Kittatinny Drive North 82 degrees 02 minutes 02 seconds West 20.00 feet to a point; THENCE by line of Lot #73 and passing through the center of a partititon wall North 07 degrees 57 minutes 58 seconds East 100.00 feet to a point; THENCE by line of land now or formerly of J.P. Roth, South 82 degrees 02 minutes 02 seconds East 20.00 feet to a point; THENCE by line of Lot 471 and passing through the center of a partition wall South 07 degrees 57 minutes 58 seconds West 100.00 feet to a point on the northern right-of-way line of Kittatinny Drive, the place of BEGINNING. CONTAINING 2,000 square feet. BEING Lot 472 on Final Subdivision Plan of Mountain View Village Phase IV Recorded in Plan Book 60, Page 87B. UNDER AND SUBJECT, to certain restrictions and conditions as appear of record in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book 392, Page 787, Miscellaneous Book 393, Page 557, and Miscellaneous Book 414, Page 1102. File #: 302940 VERIFICATION fdeed , hereby states that he/she is of CCO ?G,1?+ MORTGAGE, A DIVISION OF RBS CITIZENS BANK, N.Aintiff in this matter, that he/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Na :?y' ?/p7 DATE: U z /,'a?/'-) 11 V Title: Tc-W--ECLCSA?E CCO MORTGAGE, A DIVISION OF RBS CITIZENS BANK, N.A File#: 302940 Name: SCHELL File #: 302940 FORM 1 IN THE COURT OF COMMON PLEAS RBS CITIZENS, N.A. F/K/A CITIZENS BANK, OF CUMBERLAND COUNTY, PENNSX.;VA,AaA N.A. S/B/M TO CITIZENS MORTGAGE --i CORPORATION c W - Plaintiff(s) = 4 "-s .11 TSrrn ?t t C-) • ?T' co vs -? Ca . CAROLYN M. SCHELL ? nom.. C Defendant(s) q J Civil w NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and 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. Z Date Respectfully submitted: Allison F. Wells, Esq., Id. No. 309519 Attorney 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: State: Zip: Yes ? No ? Listing date: Price: $ Realtor Phone: Yes F-1 No ? State: Zip: Home: Office: Cell: Other: How long? Home: Cell: State Zip: How long? First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Date of Last Payment: Included Taxes & Insurance: Office: Other: Primary Reason for Default: Is the loan in Bankruptcy? Yes ? No F] 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, motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. -Monthly Gross 2. -Monthly Gross 3. -Monthly Gross Additional Income Description (not wages): 1. 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 prop. 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 ? 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 O 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) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~~~rtitr cf ~~t~brr~ih~ ~..~~. ; f .~ ~ ;~: KGB"TAE S~£RIFF e~ ~k..a~l~~~~= d~~:. ` ~: ~E ~~'E~T~f~~~~ Iii=; CI'~t AU6 I? AN 9~ ! ~t~i~~~L~Ni~ C(3U~iT PEhtNS~tt~VhNIA RBS Citizens, N.A. Case Number vs. Carolyn M. Schell 2012-4937 SHERIFF'S RETURN OF SERVICE 08/10/2012 07:23 PM -Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on Augu 10, 2012 at 1923 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon ~ within named defendant, to wit: Carolyn M. Schell, by making known unto herself personally, at 4180 Kittatinny Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and a# the Barr time handing to her personally the said true and correct copy of the same. TIM BNACK. DEP SHERIFF COST: $38.00 August 13, 2012 SO ANSWERS, (~-~ t~ RON RANDS SHERIFF (c; CountySuite Sheriff, 'I'elecsok, Ire. -i1 Iii_ �Y 11 yid 11I�J4�,li P'%��.,i PHELAN HALLINAN, LLP 21";13 APR - ) AM 10: � Attorney for Plaintiff Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 CUMSULAN8 COUNT One Penn Center Plaza ENNSYLVANIA Philadelphia, PA 19103 215-563-7000 RBS CITIZENS,N.A.F1K/A CITIZENS : CUMBERLAND COUNTY BANK,N.A.S/B1M TO CITIZENS MORTGAGE CORPORATION COURT OF COMMON PLEAS VS. : CIVIL DIVISION CAROLYN M.SCHELL No. 12-4937 CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against CAROLYN M.SCHELL, Defendant 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 $46,655.23 TOTAL $46,655.23 I hereby certify that(1) the Defendant's last known address is 4180 KITTATINNY DRNE,MECHANICSBURG,PA 17050-9138, and (2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date Vz t/1-3 jiamtTlh�tan obb, Esq., Id. No.312174 y for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. 40 DATE: l 1 . 23 pxs#30294a PROTW0105 TARY ;� 1" T(02-940 ` PHELAN HALLINAN, LLP Attorney for Plaintiff Jonathan Lobb,Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 RBS CITIZENS,N.A.F/K/A CITIZENS CUMBERLAND COUNTY BANK,N.A. S/B/M TO CITIZENS MORTGAGE CORPORATION COURT OF COMMON PLEAS VS. CIVIL DIVISION CAROLYN M. SCHELL No. 12-4937 CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant is 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 CAROLYN M. SCHELL is over 18 years of age and resides at 4180 KITTATINNY DRIVE,MECHANICSBURG, PA 17050-9138. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date Jo an Lobb,Esq., Id. No.312174 A orney for Plaintiff 302940 Department of Defense Manpower Data Center Results as of Mar-28-2013 12 05 21 SCRA 3.0 StaWs Report Punuant to Servicemembers Civil Rehef Act Last Name: SCHELL First Name: CAROLYN Middle Name: M Active Duty Status As Of: Mar-28-2013 Dn AcNaDuty Oh Active Duty slain Date Active Duty Start Date.. AoHvo Outy snd'Date Status Service Component NA NA No.` NA This response refle wriiidats'active duty status based on the Active Duty:Status Date LeR -fl17ly: tkr 7[ y#:otRati��Duty,%hmbate Active Duty staff Dam'! At wt,Dt ad'bato States servioe"Cow woo NA A No NA This response reflects °`_indMdual left active po aU�fli8'l.days preceding the At<tve"Duty Status Date ,,,bir�f' ta1r�Ofl� uwF+� 11��,1`,�retwtyotAC�,atrs�aas"Date C)rder Ntx �n•staH s s _ NA <zz tJ,t NA r This response reflects whether the ' pukter and has racei t0 report for active duty q af, seys'�ii 2§y eU rF Upon searching the data banks of the Department of Defense Manpowerer,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. t Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 (Rule of Civil Procedure No. 236) - Revised RBS CITIZENS,N.A.F/K/A CITIZENS CUMBERLAND COUNTY BANK,N.A.SB/M TO CITIZENS MORTGAGE CORPORATION COURT OF COMMON PLEAS VS. CIVIL DIVISION CAROLYN M. SCHELL No. 12-4937 CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on / jf By: If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 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 A LIEN AGAINST PROPERTY" 302940 RBS CITIZENS,N.A. F/K/A CITIZENS BANK, COURT OF COMMON PLEAS N.A. S/B/M TO CITIZENS MORTGAGE CIVIL.DIVISION CORPORATION Plaintiff NO. 12-4937 CIVIL, v. CAROLYN M. SCHELL CUMBERLAND COUNTY Defendant(s) TO: CAROLYN M.SCHELL 4180 KITTATINNY DRIVE MECHANICSBURG,PA 17050-9138 DATE OF NOTICE: THIS FIRM 1S A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE'THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A-REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)2f49-3166 jJha,t'i4j1_obb,Esq.,Id.No.312174 for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PHS#302940 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 RBS CITIZENS,N.A.F/K/A CITIZENS BANK,N.A.S/B/M TO CITIZENS MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 12-4937 CIVIL CAROLYN M.SCHELL Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: C' n o -n Amount Due c� .-•t $46,655.2 rnrn 3 3W M r- =from 04/02/2013 to Date of Sale Z Zr-� ro rn ($7.67 per diem) $1,196.52 ) o TOTAL x� E5 a t 47 851.75 y►Z 2> Ahelanlinan, P Lauren R.Tabas,Esq.,Id.No.93337 Attorney for Plaintiff Note: Please attach description of property. PHS#302940 a? ZZ 3yC011'ap 9Cr. So �� C& �s a Cbf /�9�D � 7 7 ,_4a ncl yt IN THE COURT OF CONMION PLEAS OF , CLTMUJO�AND COUNTY,PENNSYLVANIA RES CITIMI ,N.A.F/KfA CITIZENS BANK,N.A.S/la/M TO CITIZENS MORT(;,A.GE CORPORATION Plaintiff V. CAROLYN M.SCHELL Defendant(s) PRAECTPE FOR WRIT OF EXECUTION (Mortgage ForecIosure) Fi Address where papers may be served: CAROLYN M. SCHELL flallinan,LLP 4180 KITTATINNY DRIVE auren R.Tabas,Esq.,Id. No.93337 _vtECHANICSBURG, PA 17050-9138 Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in Hampden Township,Cumberland County, Commonwealth of Pennsylvania,more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern right-of-way line of Kittatinny Drive(64 feet wide private), at the dividing line of Lot#71 and Lot#72; said point also being located 681.28 feet west of the northwest comer of Kittatinny Drive and Tussey Court; THENCE by the northern right-of-way line of Kittatinny Drive North 82 degrees 02 minutes 02 seconds West 20.00 feet to a point;THENCE by line of Lot#73 and passing through the center of a partition wall North 07 degrees 57 minutes 58 seconds East 100.00 feet to a point;THENCE by line of land now or formerly of J.P.Roth,South 82 degrees 02 minutes 02 seconds East 20.00 feet to a point;THENCE by line of Lot#71 and passing through the center of a partition wall South 07 degrees 57 minutes 58 seconds West 100.00 feet to a point on the northern right-of-way line of Kittatinny Drive,the place of BEGINNING. CONTAINING 2,000 square feet. BEING Lot#72 on Final Subdivision Plan of Mountain View Village Phase TV Recorded in Plan Book 60,Page 87B. UNDER AND SUBJECT,to certain restrictions and conditions as appear of record in the Office of the Recorder of Deeds in and for Cumberland County,Pennsylvania in Miscellaneous Book 392, Page 787,Miscellaneous Book 393,Page 557, and Miscellaneous Book 414,Page 1102. ALSO UNDER AND SUBJECT,NEVERTHELESS,to easements,restrictions,reservations, conditions and rights-of-way of record. TITLE TO SAID PREMISES IS VESTED IN John W. Schell and Carolyn M. Schell, h/w,by Deed from Ethel L. Newman, nka, Ethel L. Newman Petrovich and Gary Petrovich, her husband, dated 07/09/2002,recorded 07/11/2002 in Book 252, Page 3226. By virtue of JOHN W. SCHELL's death on or about 08/06/2011, his ownership interest was automatically vested in the surviving tenant by the entirety. PREMISES BEING: 4180 E]ITTATINNY DRIVE,MECHANICSBURG,PA 17050-9138 PARCEL NO. 10-15-1285-122 PHELAN HALLINAN, LLP Attorneys for Plaintiff Lauren R. Tabas, Esq., Id. No.93337 FILED-OFFICE 1617 JFK Boulevard, Suite 1400 OF THE PROTHONOTAR' One Penn Center Plaza Philadelphia, PA 19103 2013 APR 10 AM 10: 2 2 215-563-7000 CUMBERLAND COUNTY RBS CITIZENS,N.A.F/K/A CITIZENS BANK,Tf'W§J11�I'#OIA ; COURT OF COMMON PLEAS CITIZENS MORTGAGE CORPORATION Plaintiff CIVIL DIVISION V. NO.: 124937 CIVIL CAROLYN M. SCHELL Defendant(s) CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled (X) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 1 Pa. S. . § 4904 relating to unsworn falsification to authorities. By Phelan Hallinan,L P Lauren R.Tabas,Esq.,Id.No.93337 Attorney for Plaintiff `RBS CITIZENS,N.A.F/K/A CITIZENS BANK,N.A. COURT OF COMMON PLEAS S/B/M TO CITIZENS MORTGAGE CORPORATION Plaintiff CIVIL DIVISION V. NO.: 124937 CIVIL CAROLYN M. SCHELL Defendant(s) CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 RBS CITIZENS,N.A.FIK/A CITIZENS BANK,N.A.S/B/M TO CITIZENS MORTGAGE CORPORATION,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 4180 KMATE14W DRIVE,MECHANICSBURG,PA 17050-9138. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) CAROLYN M.SCHELL 4180 KITTATINNY DRIVE MECHANICSBURG,PA 17050-9138 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) CAROLYN M.SCHELL 4180 KITTATINNY DRIVE MECHANICSBURG,PA 17050-9138 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) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) CITIFINANCIAL,INC. 6520 CARLISLE PIKE,SUITE 155 MECHANICSBURG,PA 17055 � c � CITIFINANCIAL,INC. P.O.BOX 17170 m `*t BALTIMORE,MD 21203 Z M - 5. Name and address of every other person who has any record lien on the property: —<p © o Name Address(if address cannot be t"Z X O reasonably ascertained,please indicate) nn aTE X� �tC3 None. T>2 :X) -G iV PHS #302940 T. 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) MOUNTAIN VIEW VILLAGE 4175 MOUNTAIN VIEW RD MECHANICSBURG,PA 17050-9118 MOUNTAIN VIEW VILLAGE 5226 MEADOWBROOK DR MECHANICSBURG,PA 17050-6834 MOUNTAIN VIEW VILLAGE 4173 GROUSE CT MECHANICSBURG,PA 17050-9116 MOUNTAIN VIEW VILLAGE 4175 MOUNTAIN VIEW ROAD#102 MECHANICSBURG,PA 17050 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 4180 KITTATINNY DRIVE MECHANICSBURG,PA 17050-9138 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 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 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 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 Ise t ents herein are made subject to the penalties of 18 P C. A. § 4904 relating to unsworn falsificati to t rities. q Date / By. e an Hallinan,LLP Lauren R.Tabas,Esq.,Id.No.93337 Attorney for Plaintiff PHS #302940 RBS CITIZENS,N.A.F/K/A CITIZENS BANK,N.A. S/B/M TO COURT OF COMMON PLEAS CITIZENS MORTGAGE CORPORATION CIVIL DIVISION Plaintiff NO.: 12-4937 CIVIL VS. CAROLYN M.SCHELL CUMBERLAND COUNTY Defendant(s) C-- :;:t ,Ica NOTICE OF SHERIFF'S SALE OF REAL PROPERTY rnrn ;V =70 C:) TO: CAROLYN M. SCHELL CD ---icl.) 4180 KITTATINNY DRIVE :r--n MECHANICSBURG, PA 17050-9138 ©F1 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATICF0,011aIN& WELL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANGUpTCY,, 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 4180 KITTATINNY DRIVE,MECHANICSBURG,PA 17050-9138 is scheduled to be sold at the Sheriff's Sale on 09/04/2013 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$46,655.23 obtained by RBS CITIZENS,N.A.FIKIA CITIZENS BANK,N.A.S/B/M TO CITIZENS MORTGAGE CORPORATION (the mortgagee)against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3' The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time,the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty(30)days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10)days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 (800)990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 12-4937 CIVIL RBS CITIZENS,N.A. F/KIA CITIZENS BANK,N.A. S/B/M TO CITIZENS MORTGAGE CORPORATION V. CAROLYN M. SCHELL owner(s) of property situate in HAMPDEN TOWNSHIP, CUMBERLAND County, Commonwealth of Pennsylvania, being 4180 KITTATINNY DRIVE MECHANICSBURG PA 17050-9138 Parcel No. 10-15-1285-122 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $46,655.23 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in Hampden Township,Cumberland County, Commonwealth of Pennsylvania,more particularly bounded and described as follows,to wit: BEGINNING at a point on the northern right-of-way line of Kittatinny Drive(64 feet wide private), at the dividing line of Lot#71 and Lot#72; said point also being located 681.28 feet west of the northwest comer of Kittatinny Drive and Tussey Court; THENCE by the northern right-of-way tine of Kittatinny Drive North 82 degrees 02 minutes 02 seconds West 20.00 feet to a point;THENCE by line of Lot#73 and passing through the center of a partition wail North 07 degrees 57 minutes 58 seconds East 100.00 feet to a point;THENCE by line of land now or formerly of J.P.Roth,South 82 degrees 02 minutes 02 seconds East 20.00 feet to a point;THENCE by line of Lot#71 and passing through the center of a partition wall South 07 degrees 57 minutes 58 seconds West 100.00 feet to a point on the northern right-of-way line of Kittatinny Drive,the place of BEGINNING. CONTAINING 2,000 square feet. BEING Lot#72 on Final Subdivision Plan of Mountain View Village Phase IV Recorded in Plan Book 60,Page 87B. UNDER AND SUBJECT,to certain restrictions and conditions as appear of record in the Office of the Recorder of Deeds in and for Cumberland County,Pennsylvania in Miscellaneous Book 392, Page 787,Miscellaneous Book 393,Page 557,and Miscellaneous Book 414,Page 1102. ALSO UNDER AND SUBJECT,NEVERTHELESS,to easements,restrictions,reservations, conditions and rights-of-way of record. TITLE TO SAID PREMISES IS VESTED IN John W. Schell and Carolyn M. Schell, h/w,by Deed from Ethel L.Newman, nka,Ethel L.Newman Petrovich and Gary Petrovich, her husband, dated 07/09/2002,recorded 07/11/2002 in Book 252, Page 3226. By virtue of JOHN W. SCHELL's death on or about 08/06/2011, his ownership interest was automatically vested in the surviving tenant by the entirety. PREMISES BEING: 4180 KITTATENW DRIVE,MECHANICSBURG,PA 17050-9138 PARCEL NO. 10-15-1285-122 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-4937 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due RBS CITIZENS,N.A.F/K/A CITIZENS BANK,N.A. S/B/M TO CITIZENS MORTGAGE CORPORATION Plaintiff(s) From CAROLYN M.SCHELL (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 gamishee(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: $46,655.23 L.L.:$.50 Interest FROM 4/2/2013 TO DATE OF SALE($7.67 PER DIEM)-$1,196.52 Atty's Comm: Due Prothy:$2.25 Atty Paid: $186.75 Other Costs: Plaintiff Paid: Date: 4110113 David D. Buell,Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: LAUREN R.TABAS,ESQUIRE Address: PHELAN HALLINAN LLP 1617 JFK BOULEVARD,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for: PLAINTIFF Telephone:215-563-7000 Supreme Court ID No. 93337 AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY RBS CITIZENS,N.A.F/K/A CITIZENS BANK,N.A.SIB/M TO CITIZENS MORTGAGE CORPORATION PHS#302940 DEFENDANT SERVICE TEAM/1xh CAROLYN M.SCHELL COURT NO.:12-4937 CIVIL SERVE CAROLYN M.SCHELL AT: TYPE OF ACTION 4180 KITTATINNY DRIVE XX Notice of Sheriff's Sale MECHANICSBURG,PA 17050-9138 SALE DATE: September 4,2013 SERVED Served and made known to CAROLYN M.SCHELL,Defendant on the'20 day of at o'clock jp M.,at $t? !TTA NN prL. ,in the manner described below: Defendant personally served. Adult family member.with whom Defendant(s)reside(s). Relationship is.-.( S. _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: Agee S Height, „ Weight W .. Racewlt Sex f Other I, 4t.uh --,a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa.C.S.Sec.4904 relating to unworn falsification to authorities. DATE: V NAME: Lot PRINTED NAME: AJG64VA. 0(-:C-,- �V TITLE: . NOT SERVED On the da of 2( ,at o'clock_.M.,I, a competent adult hereby state that P3efendant IZ�T FF t ecause: _Vacant _F (Does Not Exist Moved _Does Not Reside(Not Vacant) _No Answer on_,j,,_at t at Service Refused 11 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 7FK Boulevard,Suite 1400 -. One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 C -� -^-A Ca C1 =cD CD � w ILED-OI=FIC- ;OF THE FROTHOWTP�Py 2013 AUG 1 SAM 9: 5�� PHELAN HALLINAN,LLP Attorney for Plaintiff Adam H.Davis,Esq.,Id.No.203034-UMBERLANU C 0 U N T Y 1617 JFK Boulevard,Suite 1400 PENNSYLVANIA One Penn Center Plaza Philadelphia,PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA RBS CITIZENS,N.A.F/K/A CITIZENS BANK,N.A. CUMBERLAND COUNTY SB/M TO CITIZENS MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. No.: 12-4937 CIVIL CAROLYN M.SCHELL Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa.R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required.by Pa. R.C.P. 3129.2(c) on each of the persons or parties named,at that address,-set forth on the Affidavit and as amended if applicable.A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"A". Adam H.Davis,Esq.,Id.No.203 34 �0/ Attorney for Plaintiff Date: `/ IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH#796702 1 - RBS CITIZENS,N.A.F/K/A CITIZENS BANK,N.A. COURT OF COMMON PLEAS SB/M TO CITIZENS MORTGAGE CORPORATION Plaintiff CIVIL DIVISION V. NO.: 12-4937 CIVIL CAROLYN M.SCHELL Defendant(s) CUMBERLAND COUNTY AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 RBS CITIZENS,N.A.F/K/A CITIZENS BANK,N.A.S/B/M TO CITIZENS MORTGAGE CORPORATION,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 4180 KITTATINNY DRIVE,MECHANICSBURG,PA 17050-9138. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) CAROLYN M.SCHELL 4180 KITTATINNY DRIVE, MECHANICSBURG,PA 17050-9138 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) CAROLYN M.SCHELL 4180 KITTATINNY DRIVE MECHANICSBURG,PA 17050-9138 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) WYNDHAM PLACE HOMEOWNERS P.O.BOX 118 ASSOCIATION ENOLA,PA 17025 WYNDHAM PLACE HOMEOWNERS 508 N.SECOND STREET' ASSOCIATION HARRISBURG,PA 17101 C/O STEPHEN J.DZURANIN,ESQUIRE 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) CITIFINANCIAL,INC. 6520 CARLISLE PIKE,SUITE 155 MECHANICSBURG,PA 17055 CITIFINANCIAL,INC. P.O.BOX 17170 BALTIMORE,MD 21203 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. PH#796702 •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) MOUNTAIN VIEW VILLAGE 4175 MOUNTAIN VIEW RD MECHANICSBURG,PA 17050-9118 MOUNTAIN VIEW VILLAGE 5226 MEADOWBROOK DR MECHANICSBURG,PA 17050-6834 MOUNTAIN VIEW VILLAGE 4173 GROUSE CT MECHANICSBURG,PA 17050-9116 MOUNTAIN VIEW VILLAGE 4175 MOUNTAIN VIEW ROAD#102 MECHANICSBURG,PA 17050 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 4180 KITTATINNY DRIVE MECHANICSBURG,PA 17050-9138 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 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 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 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: V By: /I A Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH#796702 t Name and Phelan Aallinan,UP 0 V) Address 114 1617 HK Boulevard,Soite 1400 CtD p Of Sender One Pcen Center Plaza n Philadel hia.PA 19103 AZK/C S-0910912413 SALE � &� Line Articla Number Nacre of Addressee Strew And Post Office Address Postage e� 5 } aaax WYNDHAM.PLACE HOMEOWNERS ASSOCLLTION SOA6 iih w s P.O.sox Its � o ENOLA,PA 17025 .2 "`•" WYNDHAM'PLACE TIOMWIVNERS ASSOCIATION SOA6 CIO STEPHEN J.DZURAN IN,ESQUIRE 50 N.SECOND STREET w•e ----- — .,� _ _ HAVAMBURG PA_17101� RE:CAROLYN M,SCHELL CIJWIBERLAND P1I f!79-6'702/1026 Page I of 1 45 Day ISO.92 , T,wlNiml,rr nt 7aW limrtrr�'Rtrcn Paam am Pei(Mr, ar Ylr fu1&r1*-k6.1—t r a rcgoi ed"as dom'tk and im—e—1 ro&*ftd MO.11.n x. Pic=L'atce bysad" gm)&w a ftit olrct Recrmng Drvioym) for tAe mmr wmion of mm ire doom cra uodc F aai �Mail BoetmuN tea+oatrxtbn� peatf:A/M too unit cf$5 .00O per arimrym The n inum in&nrl7?1ribk on l f�� Its n+uleoumh+d:nnhY papok to us 000 turn j;1wrd zaEL sea xhnopebm?Msumve, Form 3M Facs1mile PH#796742 Name 2nd "Phelan Flallinan,L12 °p©o Add-ess 1611 JFK Boulevard,Suite 1400 ` to� Of Sender One PennCcntcr.Plaxa Phiiadel hia.PA 19103 A ZK/MND-09/04/2013 SALE � ot Line ArticieNumber Name or Addressee.Streat.and Post OiGceAddress Posa c ^ I Q TENANT/OrCUPANT $0.45 409, 4180 KITTATINNY DRIVE MECHANICSBURG PA 170SO-9138 p,-)) �cg 2 + »»s CITIFINANCiAL INC. $OAS 6520 CARLISLEPIKE,SUITE ISS vT ;u MECHANICSBURG PA 17055 3 COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL.TAXES INHERITANCE TAX $0.45 DIVISION - 6TH FLOOR,STRAWBERRY SQ. DEPT 280601 HARRISBURG PA 17128 4 »s»» DEPARTMENT OF PUBLIC WELFARE,TPL CASUALTY UNIT,ESTATE RECOVERS'PROGRAM S1A5 P.O.BOX 8486 WILLOW OAK BUILDING HARRISBURG PA 17105 S »»»» DOMESTIC RELATIONS OF $OAS CUMBERLAND COUNTY 13 NORTH HANOVER STREET CARLISLE PA:17013 ` 6 »:»+ COMMONWEALTH OF PENNSYLVANIA WAS DEPARTMENT OF WELFARE r 1� P.O.BOX 2675 yli �ti HARRISBURG PA 17105 7 sAS INTERNAL REVENUE SERVICE.ADN7SORY '$0.45 t 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH.PA 15222 8 •'»s U.S.DEPARTMENT OF JUSTICE $OAS US.ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WA114UT STREET.SUITE 220 PO BOX 11754 HARRISBURG PA 17108.1754 RE-.CAROLYN M.SCHELL(CUMBERLAND) PHSptl 3Q299O/102L.-.-.,. Rngc,l of 2 Writ Team --,•-.""'""- T-1 ff-ft of T(rYl lfarrocf of 1'fttsi MfNmRU,M(Name at' The fait 0"m i"M"lueh"Oft'd M Ul offietfx ula iixrnatbful fe=1u<Rd mtil.7M its%WCwm irOrmnit)payyUk pt,'-[;—.d►y S-d" Ra ei.ed a h+t eff' R.a m-s V-vk mef Iw.hr remufnunine.a/,sanMl}w7Rk dreM.reh uruM,tw,..r.l ixii Yarur4..t romvvellw u,wn.a.4 SSOAJO r r peusuEjcn ro t+Gent uf5500,dD0 fa cetv:rerce.7Se muimrm iwkmn➢Y pYiik•a Gtryeas}dsnmest�3u isS5f4. . - The euxtrmxl.trdcmnit�q>trrbk fi S25.000,fur rc�uueD twit,sea xith tpuaul imualxe.&ec r?arrcrtk Mu7 M>,>!usi 89003917 arof 5121 fu*iimtinbns atmvc,a Form 3877 Facsindle • Name and Phel2n Nallin'AA lLf Q Address 1617IF C Houle-vard,Suite 1400 Or Sender One Penn Center Plaza tr7� PhiladelvItimPA 19103 AZKmND•ON044013.SAL'E Line Article Number dame of Add Simi and Post Office Address Pastagc w I •awti CITIFINANCIAL.INC. $OAS P.O.BOX 17170 a ALTIMORE MD 21203 2 MOl1TTAIN'VtEW VllA,AGF., $4AS a +� 4175 M()UNTAIN YJFW RA � � •+�� MECHANICSBURG PA 17030-9118 t 3 ate• MOUNTAIN VIEW VILLAGE $8.45 t 5226 MEADOWBROOK DR MECHANICSBURG PA 17050.6834 4 ♦t.. MOUNTAIN VIEW VakAGE $OAS y 4173 GROUSE CT MECHANICSBI;RG PA 17050.9116 5 MOUNTAIN VIEW VILLAGE $0.45 4175MOUK,FAIN VIEW RV#102 MECHANICSBURG PA 1 7050 RE:CAROLYN M.SCHELL(CUMBERLAND) PHS#30294011021 Pagel of 2 writ $2.25 Tram TcMl Noteherot - 7aa1 Nva6truSPSem Povtvns<f.7n wl—a .� 7Lr ldS=ml.&w'oe is ro;uimd m aY doft-i'k Tki x7num ft*m inrp*yakik PitceatJrtdbySend:r itaxitM at Part tiri _ lteai+4r.2£'v;7layeel raehr ftonourk oortxnmmr�YUab'ed'ayfcyN»emdtrF-vx mradwun rturcwnwwr'smimtnneCiaS34.mper . pkrt cvPper�o a lttvx atS30yttA jri txNm.'Mt,the m4?tfiltn teCtY?fthr pay9dk as Erprrfs N,a3t alrttMrptst Ix 33i7a.. ' Its meieem Sndemnkypayattk is 12y.txylbfrrcgtnrrni:rrm;l;cem�aPfisrai ivtunacr.Str Mrie+�k Mtft Manaal Farm 3877 Factirnile Ss �c; e FILED-OFFICE OF THE PROTHONOTARY Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. NA61$9 -5 AM; 10' 02ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 RBS CITIZENS, N.A. F/K/A CITIZENS BANK, Court of Common Pleas N.A. S/B/M TO CITIZENS MORTGAGE CORPORATION Civil Division Plaintiff : CUMBERLAND County V. No.: 12-4937 CIVIL CAROLYN M. SCHELL : Defendant 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 8, 2012. 2. Judgment was entered on April 1, 2013 in the amount of$46,655.23. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit"A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount.must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However,new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on September 4, 2013. 796702 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $41,782.26 Interest Through September 4, 2013 $6,361.54 Late Charges $115.92 Legal fees $2,075.00 Cost of Suit and Title $577.25 Escrow Deficit $4,053.45 TOTAL $54,965.42 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law,Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9),Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on July 17, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit"B". 10. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin A. Hess entered an order to Lift Conciliation Stay dated January 31, 2013 796702 WHEREFORE;Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: By: nathan M. Etkowicz,Esquire ATTORNEY FOR PLAINTIFF 796702 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 RBS CITIZENS,N.A. F/K/A CITIZENS BANK, Court of Common Pleas N.A. S/B/M TO CITIZENS MORTGAGE CORPORATION Civil Division Plaintiff CUMBERLAND County V. No.: 12-4937 CIVIL CAROLYN M. SCHELL Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE CAROLYN M. SCHELL and JOHN W. SCHELL, DECEASED 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 4180 KITTATINNY DRIVE, MECHANICSBURG, PA 17050-9138. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 796702 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 Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24(Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa.Nat. Bank 445 Pa. 117, 282 A.2d'335 (1971),that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 796702 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 Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case,the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust 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 Villaize Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1.037 (1993). Signal Consumer 796702 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 Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding,Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire,Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 796702 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 g_enter, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 796702 V11. 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 PaR.C.P. 1.144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff s sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by PaR.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 796702 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. 796702 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: i -_ By: an M. tkowicz, Esquire Attorney for Plaintiff 796702 Exhibit "A" 796702 PHELAN HALLINAN, LL P Attorney for Plaintiff Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 1.9103 E 215-563-7000 RBS CITIZENS,N.A.F/K/A CITIZENS CUMBERLAND COUNTY BANK,N.A.S/B/M TO CITIZENS MORTGAGE CORPORATION : COURT OF COMMON PLEAS VS. : CIVIL DIVISION CAROLYN M.SCHELL No. 12-4937 CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT.OF DAMAGES TO THE PROTHONOTARY: ` Kindly enter judgment in favor of the Plaintiff and against CAROLYN M. SCHELL, Defendant 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 $46,655.23 TOTAL $46,655.23 I hereby certify that (1) the Defendant's last known address is 4180 KITTATINNY DRIVE,MECHANICSBURG,PA 17050-9138, and(2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date Z B J a'1" bb,Esq.,Id. No.312174 i ttorney. for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. 4 DATE: PHS#302940 PROTHONOTARY 302940 Exhibit "B" 796702 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia,PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallman, LLP Representing Lenders in Pennsylvania July 17,2013 CAROLYN M. SCHELL 41.80 KITTATINNY DRIVE MECHANICSBURG,PA 17050-9138 RE: RBS CITIZENS,N.A. F/K/A CITIZENS BANK,N.A. S/B/M TO CITIZENS MORTGAGE CORPORATION v. CAROLYN M. SCHELL Premises Address: 4180 KITTATINNY DRIVE MECHANICSBURG,PA 17050 CUMBERLAND County CCP,No. 12-4937 CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment. Please respond to me within 5 days, by 7/23/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. "ally yours, Jonat I, M. Etkowicz,Esq.,Id. No.208786 Attorney for Plaintiff Enclosure 796702 Name and Phelan 1•lallinan,LLP Address 1617 JFK Boulevard,Suite 1400 ° Mender One Penn Center Plays Philadelphia.PA 19103 KVM a Line Article Number Name of Addressee,Street,and Post O.fBce Address Postage n i """" CAROLYN M.SCHELL $0.46 c 4180 K777ATINNV DRIVE t �o MECHANICSBURG PA 17050-9138 o_gM RE:CAROLYN M.SCHELL CUMBERLAND PH 3t 796702/1200 Pa g!!I of 1 50.46 v1 °—^C, Tap!N—ba of Taal Numba of Piew Postmaster.Per{Nam'or The full&e Iim tioa of"I.is mpaited on,11 domestic and tmemmitxpl rtgisiered mail.The New t.MM by Santa Reecivcd 21 Post tNrux Recdvlrt0 F.stOdoycel for the teconsuuaton of aammlotiable tlommenu utakr P.scpress Mail dtictrment«twrutrtrcsio• ;! pt'oe sutdw 10 hurl of V00.000 pa oeaaraK<.TM maximum indemnity payable on r qw i The muimum indemnity MIW is 125.000 for rz6lnaed Mi.sew rith op tomtl tnsuntwe. R9005913 and 5021 for limxadons or, e. Form 3877.Facsimile x. ! f/1 I 4 796702 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 RBS CITIZENS, N.A. F/K/A CITIZENS BANK, Court of Common Pleas N.A. S/B/M TO CITIZENS MORTGAGE CORPORATION Civil Division Plaintiff CUMBERLAND County V. No.: 12-4937 CIVIL CAROLYN M. SCHELL Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff s Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. CAROLYN M. SCHELL 4180 KITTATINNY DRIVE MECHANICSBURG,PA 17050-9138 Phelan Hallinan,LLP DATE: h-5 By: J an M. Etkowicz,Esquire ATTORNEY FOR PLAINTIFF 796702 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA RBS CITIZENS,N.A. F/K/A CITIZENS BANK, Court of Common Pleas N.A. S/B/M TO CITIZENS MORTGAGE CORPORATION Civil Division Plaintiff CUMBERLAND County V. No.: 1.2-4937 CIVIL CAROLYN M. SCHELL Defendant RULE AND NOW, this /0 day of r— 2013, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY T7 COURT J. C 4M CD 2p --C C 796702 onathan M.Etkowicz,Esq.,Id.No.208786 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215) 563-7000 FAX: (21.5) 563-3459 �ROLYN M. SCHELL 4180 KITTATINNY DRIVE MECHANICSBURG, PA 17050-9138 796702 91, �3 796702 a Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 RBS CITIZENS,N.A. F/K/A CITIZENS BANK, Court of Common Pleas N.A. S/B/M TO CITIZENS MORTGAGE CORPORATION Civil Division Plaintiff CUMBERLAND County vs. : No.: 12-4937 CIVIL CAROLYN M. SCHELL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's September 10, 2013 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. CAROLYN M. SCHELL 4180 KITTATINNY DRIVE MECHANICSBURG,PA 17050-9138 Q: Phel an, P ry DATE: 3 By: rte- CO @ r7l Jon h . Etkowicz, Esq., Id.No 86t,. @ Attorney for Plaintiff :Z ' 796702 • Phelan Hallinan, LLP t Jonathan Lobb, Esq., Id. No.312174 lAiY6>t 'I OR PLAINTIFF 1617 JFK Boulevard, Suite 1400 2013 OCT -2 AM +U; 1 One Penn Center Plaza Philadelphia, PA 19103 CUMBERLAND COUNTY Jonathan.Lobb @phelanhallinan.com PENNSYLVANIA 215-563-7000 RBS CITIZENS,N.A. F/K/A CITIZENS BANK, • Court of Common Pleas • N.A. S/B/M TO CITIZENS MORTGAGE CORPORATION • Civil Division • Plaintiff • CUMBERLAND County • vs. • No.: 12-4937 CIVIL • CAROLYN M. SCHELL Defendant MOTION TO MAKE RULE ABSOLUTE RBS CITIZENS,N.A. F/K/A CITIZENS BANK, N.A. S/B/M TO CITIZENS MORTGAGE CORPORATION, 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 September 5, 2013. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on July 17, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued by the Honorable Kevin A. Hess on or about September 10, 2013 directing the Defendant to show cause by September 30, 2013 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on September 17, 2013 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 796702 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of September 30, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan, L P DATE: /O /J !/3 By: Jo Shan Lobb, Esq.,Id. No.312174 Attorney for Plaintiff 796702 Exhibit "A" 796702 • PHELAN HALL1NAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Ilallinan, LLP Representing Lenders in Pennsylvania July 17,2013 CAROLYN M. SCHELL 4180 KITTATINNY DRIVE MECHANICSBURG, PA 17050-9138 RE: RBS CITIZENS,N.A. F/K/A CITIZENS BANK,N.A. S/B/M TO CITIZENS MORTGAGE CORPORATION v. CAROLYN M. SCHELL Premises Address: 4180 KITTATINNY DRIVE MECHANICSBURG,PA 17050 CUMBERLAND County CCP,No. 12-4937 CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment. Please respond to me within 5 days, by 7/23/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. `7;///f/(,---- E-�Jonatha M. Etkowicz,Esq.,Id.No.208786 `' Attorney for Plaintiff Enclosure 796702 Name and Phelan Flallinan,LLP +' e„ z 418 g., Address 1617 JFK Boulevard,Suite 1400 q R Of Sender One Penn Center Plaza e—'.' ' Philadelphia PA 19103 KVM Line Article Number Name of Addre' Street,and Post Office Address Postage t,vta 50.46 1 CAROLYN M.SCIIEI.L'' cm 4180 K11°PATINNY DRIVE 1 MECIIANICSBURC PA I741St1.913S . ;? RE:CAROLYN M.SCHFLL(CUMBERLAND) PH 796702/1200 Page 1 of# _...S0,46 'rota Nmnhos of 10121 Number ofi pace: `PORmiRe�Par(Nt(Moe of The loll Axtaeaiion of value is sorry don al-domestic and uHemotmast rcp,aarri Ittad Ills ft, ` Poxes Listed by Sea fet A:moved at HYss Office R vbtt Employee) toe tifarsc0nxaustoc of newt i ble 4asome as endae Easmccs Mail dacoomen tes.totirpaxa I l,,,,,,,A,0„, t' pistsa*skied.WA htMt of$500,t S)yet aeamxe a.Tba rnasimum iademnay PeysPda em I<pr. Tea?af%Inant reds0 10y psy tte a.82$,OCcfweadsstered a aI.#eat wpb c y tmml ansioA cv. :, a"'" R900$913 and S431 fm li elfab0ns of co et$e. t Form 3877 Facsimile 4,, v n I r 796702 "; Exhibit "B" 796702 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA RBS CITIZENS,N.A. F/KJA CITIZENS BANK, Court of Common Pleas N.A. S/B/M TO CITIZENS MORTGAGE • CORPORATION Civil Division Plaintiff CUMBERLAND County V. No.: 12-4937 CIVIL CAROLYN M. SCHELL Defendant RULE AND NOW,this /641-N.- day o t( 2013, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant 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 ii//kat/4'4\12 J. 772 rn CY) cz, < w4. C j 5 C. 796702 Jonathan M.Etkowicz, Esq.,Id.No.208786 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 CAROLYN M. SCHELL 4180 KITTATINNY DRIVE MECHANICSBURG,PA 17050-9138 796702 796702 Exhibit "C" 796702 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 j onathan.etkowicz @phel anhal linan.com 215-563-7000 RBS CITIZENS,N.A. F/K/A CITIZENS BANK, : Court of Common Pleas N.A. S/B/M TO CITIZENS MORTGAGE CORPORATION Civil Division Plaintiff CUMBERLAND County vs. • No.: 12-4937 CIVIL CAROLYN M. SCHELL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's September 10, 2013 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. t.p Z;',3 wyt C p• CAROLYN M. SCHELL r r . 4180 KITTATINNY DRIVE {mmy MECHANICSBURG,PA 17050-9138 te. C) Phelai lulh°ttin, I -P DATE: q .............._ ... By — .�►�.... _ Joni 4.Etkowicz,Esq., Id. No.208786 Attorney for Plaintiff 796702 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 RBS CITIZENS,N.A. F/K/A CITIZENS BANK, • Court of Common Pleas N.A. S/B/M TO CITIZENS MORTGAGE • CORPORATION • Civil Division Plaintiff • • CUMBERLAND County vs. • • No.: 12-4937 CIVIL CAROLYN M. SCHELL • Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. CAROLYN M. SCHELL 4180 KITTATINNY DRIVE MECHANICSBURG, PA 17050-9138 Phelan Hallinan, LLP DATE: /0 l //3 By: J athan Lobb, sq.,Id. No.312174 Attorney for Plaintiff 796702 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA RBS CITIZENS,N.A. F/K/A CITIZENS BANK, Court of Common Pleas N.A. S/B/M TO CITIZENS MORTGAGE CORPORATION Civil Division Plaintiff CUMBERLAND County VS. No.: 12-4937 CIVIL CAROLYN M. SCHELL Defendant ORDER AND NOW,this g y day of D<.Ab 4-"' , 2013,upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $41,782.26 Interest Through September 4, 2013 $6,361.54 Late Charges $115.92 Legal fees $2,075.00 Cost of Suit and Title $577.25 Escrow Deficit $4,053.45 TOTAL $54,965.42 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. /I BY T E COURT: .�_ CD Aq�/ J. CD = n 16 co uaL n J. LLJ o Cn CL w= 796702 C5 r r t t HE r 2014 JAN -2 �n IfJ: 12 C ENNSA ND coUN r Y �LVANIA Phelan Hallinan, LLP By: Lauren Tabas, Esquire Identification No. 93337 One Penn Center Plaza, Suite 1400 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 Attorney for Plaintiff (215) 563-7000 RBS Citizens, N.A. F/K/A Citizens Bank, N.A. : Court Of Common Pleas S/B/M to Citizens Mortgage Corporation Plaintiff : Civil Division Vs. : Cumberland County, Pennsylvania Carolyn M. Schell : 12-4937-CIVIL Defendant EXCEPTIONS TO SHERIFF'S SALE DISTRIBUTION PURSUANT TO PA.R.C.P. RULE 3136(d) And now comes Plaintiff, RBS Citizens, N.A. F/K/A Citizens Bank, N.A. S/B/M to Citizens Mortgage Corporation, by and through its counsel, Phelan Hallinan, LLP, and prays that this Honorable Court grant Plaintiff's Exceptions to Sheriff's Sale Distribution for the following reasons: 1. The Plaintiff is RBS Citizens, N.A. F/K/A Citizens Bank, N.A. S/B/M to Citizens Mortgage Corporation, the holder of that certain Mortgage dated July 9, 2002 and recorded July 11, 2002 at Mortgage Book 1764, Page 4422 in the Cumberland County Recorder's Office (hereinafter"Mortgage"). A true and correct copy of the Mortgage, redacted to remove confidential information, is attached hereto,made part hereof, and marked as Exhibits "A". 2. The underlying loan became delinquent and Plaintiff initiated foreclosure proceedings in execution on the Mortgage on August 8, 2012. Attached hereto, made a part hereof, and marked as Exhibit"B" is a true and correct copy of the Complaint in Mortgage Foreclosure. 3. Plaintiff obtained a Default Judgment on April 1, 2013, in the amount of$46,655.23. Attached hereto, made a part hereof, and marked as Exhibit"C"is a true and correct copy of the Praecipe for Default Judgment. 4. The Property was thereafter scheduled for the September 4, 2013 Cumberland County Sheriffs Sale, which was postponed to November 6, 2013 to allow Plaintiff time to reassess damages. 5. On October 8, 2013,this Honorable Court granted Plaintiffs Motion to Reassess Damages in the amount of$54,965.42. A true and correct copy of the October 8, 2013 Order of-Court is attached hereto, made part hereof, and marked as Exhibit"D." 6. On November 6, 2013, the premises located at 4180 Kittatinny Drive, Mechanicsburg, PA 17050 (hereinafter"Property"), was sold at the Cumberland County Sheriffs Sale pursuant to the Writ of Execution to a third-party bidder for the amount of$79,000.00. 7. On or about December 2, 2013, in accordance with Pa.R.C.P. 3136(d), the Sheriff provided Plaintiff with a copy of its Schedule of Distribution, which distribution listed the Plaintiff as receiving $54,965.42 along with the $1,500.00 Deposit Refund. Attached hereto, made a part hereof and marked as Exhibit"E" is a true and correct copy of the Sheriff's Schedule of Distribution. 8. Since the filing of the Motion to Reassess, on or about September 5, 2013, Plaintiff expended additional sums, including taxes, property maintenance fees, and insurance premiums, relative to the Property to protect its collateral. 9. Plaintiff's expenditures have inured to the benefit of all parties. 10. The total debt owed to Plaintiff is $57,727.83. 11. Plaintiff requests this Honorable Court enter an Order directing the Sheriff to pay Plaintiff the balance due as follows: Principal: $ 41,782.26 Interest: $ 6,784.11 Escrow Deficit $ 5,249.83 Late Charges $ 115.92 Property Inspections $ 289.40 Corporate Advance $ 3,506.31 Balance due: $ 57,727.83 12. According to Extraco Mortgage v. Williams, 2002 Pa. Super. 246, 805 A.2d 543 (2002). amounts expended by Plaintiff to protect its collateral since the time of default judgment are recoverable and relate back to the date of the Mortgage for priority. 13. Plaintiff is requesting that the Schedule of Distribution be amended to reflect payment to Plaintiff in the amount of$57,727.83. 14. There are ample funds available to tender the full amount owed to Plaintiff without prejudicing other interested parties. 15. Pursuant to Cumberland County Local Rule 208.3(a)(9), Plaintiff sent a copy of the instant motion to Defendant and other interested parties on December 5, 2013. To date no response has been received. A true and correct copy of the correspondence is attached hereto, incorporated herein and marked as Exhibit "F." 16. Therefore, Plaintiff has substantially complied with Pa.R.C.P. 3136 in putting all parties on notice of its intentions to take exceptions to the schedule of distribution. Since the funds have not yet been disbursed, there is no prejudice to any of the parties. Plaintiff submits that this Court should exercise its equity and discretion to allow the instant motion to be heard as it was promptly filed in anticipation of the distribution of proceeds of sale in this matter. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order amending the Schedule of Distribution to the executing Plaintiff in the amount of$57,727.83, and directing the Sheriff to pay the Plaintiff the balance due of$57,727.83 along with the Sheriff's Deposit Refund of$1,500.00. Res.. tfully submitted, .,�. LAN HALLINAN, LLP Date: /2' )113 By ninpar 1p ; Lauren Tabas, Esquire Attorney for Plaintiff Phelan Hallinan, LLP By: Lauren Tabas, Esquire Identification No. 93337 One Penn Center Plaza, Suite 1400 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 Attorney for Plaintiff (215) 563-7000 RBS Citizens, N.A. F/K/A Citizens Bank,N.A. : Court Of Common Pleas S/B/M to Citizens Mortgage Corporation Plaintiff : Civil Division Vs. : Cumberland County, Pennsylvania Carolyn M. Schell : 12-49373-CIVIL Defendant BRIEF IN SUPPORT OF PLAINTIFF'S EXCEPTIONS TO DISTRIBUTION I. FACTUAL BACKGROUND The Plaintiff is RBS Citizens, N.A. F/K/A Citizens Bank, N.A. S/B/M to Citizens Mortgage Corporation, the holder of that certain Mortgage dated July 9, 2002 and recorded July 11, 2002 at Mortgage Book 1764,Page 4422 in the Cumberland County Recorder's Office (hereinafter "Mortgage"). The underlying loan became delinquent and Plaintiff initiated foreclosure proceedings in execution on the Mortgage on August 8, 2012. Plaintiff obtained a Default Judgment on April 1, 2013, in the amount of$46,655.23. The Property was thereafter scheduled for the September 4, 2013 Cumberland County Sheriffs Sale, which was postponed to November 6, 2013. On October 8, 2013, this Honorable Court granted Plaintiffs Motion to Reassess Damages in the amount of$54,965.42. On November 6, 2013, the premises located at 4180 Kittatinny Drive. Mechanicsburg, PA 17050 (hereinafter"Property"), was sold at the Cumberland County Sheriffs Sale pursuant to the Writ of Execution to a third-party bidder for the amount of$79,000.00. On or about December 2, 2013,in accordance with Pa.R.C.P. 3136(d),the Sheriff provided Plaintiff with a copy of its Schedule of Distribution, which distribution listed the Plaintiff as receiving$54,965.42 along with the $1,500.00 Deposit Refund. Since the filing of the Motion to Reassess, on or about September 5, 2013, Plaintiff expended additional sums, including taxes, property maintenance fees, and insurance premiums, relative to the Property to protect its collateral. Plaintiffs expenditures have inured to the benefit of all parties. The total debt owed to Plaintiff is $57,727.83. Plaintiff is requesting that the Schedule of Distribution be amended to reflect payment to Plaintiff in the amount of$57,727.83. There are ample funds available to tender the full amount owed to Plaintiff without prejudicing other interested parties. Pursuant to Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of the instant motion to Defendant and other interested parties on December 3, 2013. IL LEGAL AUTHORITY Pennsylvania Rule of Civil Procedure 3136(d) allows a party to file Exceptions to the Sheriff's proposed Schedule of Distribution. In the instant case, Plaintiff has timely notified all interested parties of its intention to file the exceptions and provided copies of the same. Therefore, Plaintiffs exceptions are timely. The Superior Court of Pennsylvania held in the case of Extraco Mortgage v. Williams, 2002 Pa. Super. 246, 805 A.2d 543 (Pa. Super. 2002), that payments for taxes and insurance, and through implication, other costs collectable under the Note and Mortgage, made by a senior lienholder following the entry of default judgment on its Mortgage relate back to the date of mortgage for the priority. In the instant matter, Plaintiff has expended additional sums, including taxes, property maintenance fees, and insurance premiums, relative to the mortgaged property to protect its collateral. In accordance with the holding in Extraco Mortgage, these amounts are recoverable upon the distribution of sale proceeds and take priority over any amounts owed to junior lienholders as the expenditures have inured to the benefit of all parties. Additionally, this Court has plenary power to administer equity according to well settled principles of equity jurisprudence cases under its jurisdiction. Cheval v. City of Philadelphia, 116 Pa. Super. 101, 176 A. 779 (Pa. Super. 1935). Moreover, it is well settled that Courts will lean to a liberal exercise of the equity power conferred upon them without encouraging technical niceties in the modes of procedure and forms of pleading. Gunnett v. Trout, 380 Pa. 504, 112 A.2d 333 (Pa. 1955). The Supreme Court and Superior Courts have recognized that the quality of justice is preferred to the strict interpretation of procedural rules. Stock v. Arnott, 415 Pa. Super. 113, 608 A.2d 552, 556 (Pa.Super. 1992); Dublin Sportswear v. Charlett, 485 Pa. 633, 639, 403 A.2d 568, 571 (1979); Bennett v. Home Depot USA, Inc. 764 A.2d 605, 608 (Pa. Super. 2000). The Pennsylvania Rules of Civil Procedure, Rule 126, recognize the same intent: The rules shall be liberally construed to secure the just, speedy and inexpensive determination of every action or proceeding to which they are applicable. The court at every stage of any such action or proceeding may disregard any error or defect of procedure which does not affect the substantial rights of the parties. Under Rule 126, this Court has the authority to overlook a procedural defect where this does not affect the substantial rights of the parties." The rights of parties herein are not affected by allowing the court to hear this matter since all interested parties were on notice of Plaintiff's intentions to file exceptions, there has been no distribution of proceeds and there are ample funds available to provide Plaintiff with the amounts it seeks while still tendering a substantial sum of money to the Defendant. Plaintiff submits that this Court should exercise its equity and discretion to allow the instant motion to be heard as it was promptly filed in anticipation of the distribution of proceeds of sale in this matter. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order amending the Schedule of Distribution to the executing Plaintiff in the amount of$57,727.83, and directing the Sheriff to pay the Plaintiff the balance due of$57,727.83 along with the Sheriff's Deposit Refund of$1,500.00. i Re..;ctfully submitted, I .',AN HALLINAN, LLP Date: ) / _ 3 By Lauren Tabas, Esquire Attorney for Plaintiff EXHIBIT "A" DS C U'ITY-f;. After Recording Return To: Citizens Mortgage Corporation 'U(2.JU!_ 11 Aril 1 1 27 875 Elm Street Elm 1-5 Manchester,NH 03101 [Space Above This Line For Recording Data] MORTGAGE 1550790 • DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3,11,13,18,20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument"means this document,which is dated July 9 2002 ,together with all Riders to this document. (B) "Borrower"is JOHN w SCHFl1 and(-ARM YN M ccHF1I . Borrower is the mortgagor under this Security Instrument. (C) "Lender"is CITIZENS MORTGAGE CORPORATION - . Lender is a Corporation organized and existing under the laws of The State of Rhode Island Lender's address is 10 TRIPPS LANE RIVERSIDE,RI 02915 . Lender is the mortgagee under this Security Instrument. is (D) "Note"means the promissory note signed by Borrower and dated July 9__ 2002.The Note states that Borrower owes Lender Forty Nine Thousand and no/100 Dollars(U.S.$ 49,000.00 )plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than August 1 2032 (E) "Property"means the property that is described below under the heading"Transfer of Rights in the Property." (F) "Loan"means the debt evidenced by the Note,plus interest,any prepayment charges and late charges due under the Note,and all sums due under this Security Instrument,plus interest. (G) "Riders"means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower[check box as applicable]: ❑ Adjustable Rate Rider ❑ Condominium Rider ❑ Second Home Rider ❑ Balloon Rider B Planned Unit Development Rider ❑ Olhats)[spoeily]____. ❑ 1-4 Family Rider ❑ Biweekly Payment Rider PENNSYLVANIA—Single Family—Faaale Mae/Fredd le Mac UNIFORM INSTRUMENT Form 3039 1/01 (page I of 16 pager) urns.R M `/1t6 K �^y ,�'� BK i 164PG1+422 #i375G -,5ke (H) "Applicable Law"means all controlling applicable federal,state and local statutes,regulations, ordinances and administrative rules and orders(that have the effect of law)as well as all applicable final,non-appealable judicial opinions. (I) "Community Association Dues,Fees, and Assessments"means all dues,fees,assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "Electronic Funds Transfer"means any transfer of funds,other than a transaction originated by check,draft,or similar paper instrument,which is initiated through an electronic terminal, telephonic instrument,computer,or magnetic tape so as to order,instruct,or authorize a financial institution to debit or credit an account. Such term includes,but is not limited to,point-of-sale transfers,automated teller machine transactions,transfers initiated by telephone,wire transfers,and automated clearinghouse transfers. (K) "Escrow Items"means those items that are described in Section 3. (L) "Miscellaneous Proceeds"means any compensation, settlement, award of damages, or proceeds paid by any third party(other than insurance proceeds paid under the coverages described in Section 5)for:(i)damage to,or destruction of,the Property;(ii)condemnation or other taking of all or any part of the Property;(iii)conveyance in lieu of condemnation;or(iv)misrepresentations of,or omissions as to,the value and/or condition of the Property. (M) "Mortgage Insurance"means insurance protecting Lender against the nonpayment of,or default on,the Loan. (N) "Periodic Payment"means the regularly scheduled amount due for(i)principal and interest under the Note,plus(ii)any amounts under Section 3 of this Security Instrument. (0) "RESPA"means the Real Estate Settlement Procedures Act(12 U.S.C.§2601 et seq.)and its implementing regulation,Regulation X(24 C.F.R.Part 3500),as they might be amended from time to time,or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument,"RESPA"refers to all requirements and restrictions that are imposed in regard to a"federally related mortgage loan"even if the Loan does not qualify as a "federally related mortgage loan"under RESPA. (P) "Successor in Interest of Borrower"means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i)the repayment of the Loan,and all renewals, extensions and modifications of the Note;and(ii)the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose,Borrower does hereby PENNSYLVANIA-Single Pamily—Runic Man/Freddk Mae UNIFORM INSTRUMENT Pons 3039 1/01 (page 2 of 16 pages) 30381.FRM 6K 1 7 4PG4423 • • • mortgage, grant and convey to Lender the following described property located in the County of Cumber]and [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] which currently has the address of 4180 KITIATINNY DRIVE [Street] MECHANICSBURG ,Pennsylvania 17050 ("Property Address"): [City] [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements,appurtenances,and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument.All of the foregoing is referred to in this Security Instrument as the"Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage,grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands,subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non- uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal,Interest, Escrow Items,Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of,and interest on,the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S.currency. However,if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid,Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms,as selected by Lender:(a)cash;(b)money order; (c)certified check, bank check, treasurer's check or cashier's check,provided any such check is PENNSYLVANIA—Single Family—Fannie Mae/Freddie Mee UNIFORM INSTRUMENT Form 3039 1/91 (page 3 of 16 page') 90992.FRM 61( 7 Lii 4424 drawn upon an institution whose deposits are insured by a federal agency,instrumentality,or entity; or(d)Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current,without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future,but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date,then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time,Lender shall either apply such funds or return them to Borrower. If not applied earlier,such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2.Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a)interest due under the Note;(b)principal due under the Note;(c)amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges,second to any other amounts due under this Security Instrument,and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due,the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding,Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if,and to the extent that,each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments,such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments,insurance proceeds,or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date,or change the amount,of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note,until the Note is paid in full,a sum(the"Funds")to provide for payment of amounts due for:(a)taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property;(b)leasehold payments or ground rents on the Property,if any;(c)premiums for any and all insurance required by Lender under Section 5; and(d)Mortgage Insurance premiums,if any,or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called"Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, PENNSYLVANIA—Single Family—Faaale Mae/Freddie Mae UNIFORM INSTRUMENT Form 5039 U01 (page 4ofl6pages) 30303.FFM BK 1 754"'4425 • 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property,if any,and Community Association Dues,Fees, and Assessments,if any. To the extent that these items are Escrow Items,Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:(a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender,but only so long as Borrower is performing such agreement; (b)contests the lien in good faith by,or defends against enforcement of the lien in,legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending,but only until such proceedings are concluded;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender • determines that any part of the Property is subject to a lien which can attain priority over this SecurityInstrument,Lender may give Borrower a notice identifying the lien. Within 10 days of the • date on which that notice is given,Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. • Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance.Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term"extended coverage,"and any other hazards including,but not limited to,earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts(including deductible levels)and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice,which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan,either: (a)a one-time charge for flood zone determination,certification and tracking services; or(b)a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above,Lender may obtain insurance coverage,at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore,such coverage shall cover Lender, but might or might not protect Borrower,Borrower's equity in the Property,or the contents of the Property,against any risk,hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument.These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable,with such interest,upon notice from Lender to Borrower requesting payment. PENNSYLVANIA—Single Family—Faaaie MawFroddle Mac UNIFORM INSTRUMENT Form 3039 1101 (page 6 V16 pages) 30305.FS51 BK 1764PG4427 be escrowed by Borrower,and such dues,fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver,Borrower shall pay directly,when and where payable,the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and,if Lender requires,shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement"is used in Section 9. If Borrower is obligated to pay Escrow Items directly,pursuant to a waiver,and Borrower fails to pay the amount due for an Escrow Item,Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and,upon such revocation, Borrower shall pay to Lender all Funds,and in such amounts,that are then required under this Section 3. Lender may,at any time,collect and hold Funds in an amount(a)sufficient to permit Lender to apply the Funds at the time specified under RESPA,and(b)not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality,or entity(including Lender,if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds,annually analyzing the escrow account,or verifying the Escrow Items,unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds,Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing,however,that interest shall be paid on the Funds. Lender shall give to Borrower,without charge,an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow,as deemed under RESPA,Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow,as defined under RESPA,Lender shall notify Borrower as required by RESPA,and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA,but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA,Lender shall notify Borrower as required by RESPA,and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA,but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument,Lender shall promptly refund to Borrower any Funds held by Lender. PENNSYLVANIA—Single Femily—Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Form 3139 1/01 &age3 of16pogo) 3039e.FRM BF 'S4PG4426 • All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies,shall include a standard mortgage clause,and shall name tt' Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender,for damage to,or destruction of,the Property,such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,any insurance proceeds,whether or not the underlying insurance was required by Lender,shall be applied to restoration or repair of the Property,if the restoration or repair is economically feasible and Lender's security is not lessened.During such repair and restoration period,Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity:to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds,Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters,or other third parties,retained by Borrower shall not be is paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with the excess,if any,paid to Borrower. Such insurance proceeds shall be applied in the order provided for • in Section 2. If Borrower abandons the Property,Lender may file,negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event,or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a)Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument,and(b)any other of Borrower's rights(other than the right to any refund of unearned premiums paid by Borrower)under all insurance policies covering the Property,insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument,whether or not then due. 6. Occupancy. Borrower shall occupy,establish,and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date • of occupancy,unless Lender otherwise agrees in writing,which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation,Maintenance and Protection of the Property;Inspections. Borrower • shall not destroy, damage or impair the Property,allow the Property to deteriorate or commit waste PENNSYLVANIA—Single Femily—Faanle Mae/Freddle Mae UNIPURM INSTRUMENT Form 3039 1/01 (page 70f16 prgaw) 50098.FRM BK 1764PG4428 on the Property. Whether or not Borrower is residing in the Property,Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition.Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible,Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to,or the taking of,the Property,Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property,Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause,Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process,Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false,misleading,or inaccurate information or statements to Lender(or failed to provide Lender with material information)in connection with the Loan. Material representations include,but are not limited to,representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If(a)Borrower fails to perform the covenants and agreements contained in this • Security Instrument,(b)there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument(such as a proceeding in bankruptcy, probate,for condemnation or forfeiture,for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations),or(c)Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument,including protecting and/or assessing the value of the Property,and securing and/or repairing the Property. Lender's actions can include,but are not limited to:(a)paying any sums secured by a lien which has priority over this Security Instrument;(b)appearing in court;and(c)paying reasonable attorneys'fees to protect its interest in the Property and/or rights under this Security Instrument,including its secured position in a bankruptcy proceeding. Securing the Property includes,but is not limited to,entering the Property to make repairs,change locks,replace or board up doors and windows,drain water from pipes, eliminate building or other code violations or dangerous conditions,and have utilities turned on or off Although Lender may take action under this Section 9,Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable,with such interest,upon notice from Lender to Borrower requesting payment. PENNSYLVANIA—Single Femily--Faneie Mae/Freddie Mao UNIFORM INSTRUMENT Form 3039 tat (page 8 of16pnge,) 30397.FAM 61(17r4PG4429 If this Security Instrument is on a leasehold,Borrower shall comply with all the provisions !' of the lease. If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan,Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If,for any reason,the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance • previously in effect,at a cost substantially equivalent to the cost to Borrower of the Mortgage • Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available,Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept,use and retain these payments as a non- refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full,and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage(in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available,is obtained,and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance,Borrower shall pay the premiums required to maintain Mortgage Insurance in effect,or to provide a non-refundable loss reserve,until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender(or any entity that purchases the Note)for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk,or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party(or parties)to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available(which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements,Lender,any purchaser of the Note,another insurer,any reinsurer,any other entity,or any affiliate of any of the foregoing,may receive(directly or indirectly) amounts that derive from(or might be characterized as)a portion of Borrower's payments for Mortgage Insurance,in exchange for sharing or modifying the mortgage insurer's risk,or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer,the arrangement is often termed"captive reinsurance." Further: PENNSYLVANIA—Single Family—Fannle Mae/Fr.ddle Mae UNIFORM INSTRUMENT Farm 7939 UM (me 9 of 16 pages) 30399.FRM BK 1764PG4430 (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance,or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance,and they will not entitle Borrower to any refund. (b)Any such agreements will not affect the rights Borrower has—if any—with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures,to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically,and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds;Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged,such Miscellaneous Proceeds shall be applied to restoration or repair of the Property,if the restoration or repair is economically feasible and Lender's security is not lessened.During such repair and restoration period,Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction,provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds,Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened,the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking,destruction,or loss in value of the Property,the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due, with the excess,if any,paid to Borrower. In the event of a partial taking,destruction,or loss in value of the Property in which the fair market value of the Property immediately before the partial taking,destruction,or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking,destruction,or loss in value,unless Borrower and Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction:(a)the total amount of the sums secured immediately before the partial taking,destruction,or loss in value divided by(b)the fair market value of the Property immediately before the partial taking,destruction,or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking,destruction,or loss in value of the Property in which the fair market value of the Property immediately before the partial taking,destruction,or loss in value is less than the amount of the sums secured immediately before the partial taking,destruction,or loss in value,unless Borrower and Lender otherwise agree in writing,the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower,or if,after notice by Lender to Borrower that the Opposing Party(as defined in the next sentence)offers to make an award to settle a claim for PENNSYLVANIA--Single Pony—Fannie Ma,Iheddle Mu UNIFORM INSTRUMENT Form 3039 U01 tPage 10 f16paw) 30399.FRM 6K 176' 0+131+3 • • damages,Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument,whether or not then due. "Opposing Party"means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. i. Borrower shall be in default if any action or proceeding,whether civil or criminal,is begun that,in Lender's judgment,could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and,if acceleration has occurred,reinstate as provided in Section 19,by causing the action or proceeding to be dismissed with a ruling that,in Lender's judgment,precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied-in the order provided for in Section 2. 12.=Borrower Not Released;Forbearance By Lender Not a Waiver. Extension of the - time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including,without limitation,Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due,shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability;Co-signers;Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note(a"co-signer"): (a)is co-signing this Security Instrument only to mortgage,grant and convey the co-signer's interest in the Property under the terms of this Security Instrument;(b)is not personally obligated to pay the sums secured by this Security Instrument;and(c)agrees that Lender and any other Borrower can agree to extend,modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18,any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing,and is approved by Lender,shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender • agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind(except as provided in Section 20)and benefit the successors and assigns of Lender. 14, Loan Charges.Lender may charge Borrower fees for services performed in connection with Borrower's default,for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument,including,but not limited to,attorneys'fees,property inspection and valuation fees. In regard to any other fees,the absence of express authority in this Security PENNSYLVANIA—Single Family—Peaole Mae/Freddie Mac UNIFORM INS'T'RUMENT Fora 3039 1/01 (page!f ujlb pages) 303910.FRM BK 1764PG4432 Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges,and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge(whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing.Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address,then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law;Severability;Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security.Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent,but such silence shall not be construed as a prohibition against agreement by contract..In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument:(a)words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender,(b)words in the singular shall mean and include the plural and vice versa;and(c)the word"may"gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. PENNSYLVANIA—Single Family--Fannie MaWFr ddle Mac UNIFORM INSTRUMENT Form 3039 1/91 (page 12 of lb pages) 300911.FRM BK 176Y b 33 • • 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18,"Interest in the Property"means any legal or beneficial interest in the Property, including,but not limited to,those beneficial interests transferred in a bond for deed,contract for deed,installment sales contract or escrow agreement,the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)without Lender's prior written consent,Lender may require immediate payment in full of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option,Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15:within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. .Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions,.Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of:(a)five days before sale of the Property pursuant to any power of sale contained in this Security Instrument;(b)such other period as Applicable Law ll might specify for the termination of Borrower's right to reinstate;or(c)entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower:(a)pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) any default of any other covenants or agreements;(c)pays all expenses incurred in enforcing this Security Instrument,including,but not limited to,reasonable attorneys'fees, property inspection and valuation fees,and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument;and(d)takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument,and Borrower's obligation to pay the sums secured by this Security Instrument,shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms,as selected by Lender:(a)cash;(b)money order;(c)certified check,bank check,treasurer's check or cashier's check,provided any such check is drawn upon an institution whose deposits are insured by a federal agency,instrumentality or entity;or(d)Electronic Funds Transfer. Upon reinstatement by Borrower,this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However,this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note;Change of Loan Servicer;Notice of Grievance.The Note or a partial interest in the Note(together with this Security Instrument)can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity(known as the"Loan Service?)that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note,this Security Instrument,and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer,Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer,the address to which payments should be made and any other information RESPA requires in connection with a notice PENNSYLVANIA—Single Family--Fannie Mae/Freddle Mac UNIFORM INSTRUMENT Form 3939 1101 (page 13 of/6 pg.) 3039,2.FRM BK t 764PG4434 of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note,the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence,join,or be joined to any judicial action(as either an individual litigant or the member of a class)that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of,or any duty owed by reason of,this Security Instrument,until such Borrower or Lender has notified the other party(with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken,that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances.As used in this Section 21: (a)"Hazardous Substances"are those substances defined as toxic or hazardous substances,pollutants,or wastes by Environmental Law and the following substances:gasoline,kerosene,other flammable or toxic petroleum products, toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials; (b)"Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c)"Environmental Cleanup"includes any response action,remedial action,or removal action,as defined in Environmental Law;and(d)an"Environmental Condition"means a condition that can cause,contribute to,or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances,or threaten to release any Hazardous Substances,on or in the Property. Borrower shall not do,nor allow anyone else to do,anything affecting the Property(a)that is in violation of any Environmental Law,(b)which creates an Environmental Condition,or(c)which, due to the presence,use,or release of a Hazardous Substance,creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence,use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property(including,but not limited to,hazardous substances in consumer products). Borrower shall promptly give Lender written notice of(a)any investigation,claim,demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b)any Environmental Condition,including but not limited to,any spilling,leaking, discharge,release or threat of release of any Hazardous Substance,and(c)any condition caused by the presence,use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns,or is notified by any governmental or regulatory authority,or any private party,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. PENNSYLVANIA—Single Family—Fannie MaelFreddle Mae UNIFORM INSTRUMENT Form 3139 1/01 Cage/a ofihlmgea) 303913.FRM BI( 1 764 PG 4 1' 15 • NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22.Acceleration;Remedies.Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument(but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of,among other things:(a)the default;(b)the action required to cure the default;(c)when the default must be cured;and(d)that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified,Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to-collect all expenses incurred in pursuing the remedies provided in this Section 22, including,but not limited to,attorneys'fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument,this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence,Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument,but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24.Waivers. Borrower,to the extent permitted by Applicable Law,waives and releases any error or defects in proceedings to enforce this Security Instrument,and hereby waives the benefit of any present or future laws providing for stay of execution,extension of time,exemption from attachment,levy and sale,and homestead exemption. 25.Reinstatement Period.Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property,this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. PENNSYLVANIA--Single Family--F.01e Mae/Freddle Mae UNIFORM INSTRUMENT Form 3039 IAI (page 15 al 16 page) 3a191a.FRM BK 1764PG4436 BY SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Signed,sealed and delivered in the presence of: 1 W �L-4.�� (Seal) Social W SCHELL Number -Borrower Social Security N �/�/`y/ C�/� ,H/ '% t, (Seal) CAROLY M SCHELL -Borrower Social Security Number (Seal) -Borrower Social Security Number (Seal) -Borrower Social Security Number [Space Below This Line for Acknowledgment] Certificate of Residence S//1,tWWY/fZ1YS ,do hereby certify that the correct address of the within-named Mortgagee is 10 TRIPPS LANE RIVERSIDE,RI 02915 Witness my hand this 9th day of July 2002 Agent of Mortg ee COMMONWEALTH OF PENNSYLVANIA, CUMBERLAND County ss: On this,the 9th day of July 2002,before me,the undersigned officer,personally appeared, JOHN W SCHELL AND CAROLYN M SCHELL known to me(or satisfactorily proven)tope person{ whose nanit0)is/subscribed to the within instrument and acknowledged that he/she/ the same for the purposes herein contained. IN WITNESS WHEREOF,I hereunto set my hand and official seal. My Commission hxplrea: Notarial Seal • Shirley_Keys,Notary 17, Hampden wp,Cumbanand County My Commission Expires June ne 17,2004 '',I- Member, ennsyNanlaAssociaticnotNdarles etfiJ 1i 2Ir -'t Title of Officer PENNSYLVANIA-Sin&Family-Pam1bM64/FroMi0Mac0NIFORM INSTRUMENT rnaiak, Fan 3039101 (pap le of 16 pages) 30353FR M 30391S.F 04 0183 8K 1764PG4:. 37 ALL THAT CERTAIN lot or tratc of land situate in Hampden Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern right-of-way line of Kittatinny Drive (64' wide private), at the dividing line of Lot #71 and Lot #72; said point also being located 681.28 feet west of the northwest corner of Kittatinny Drive and Tussey Court; THENCE by the northern right-of-way line of Kittatinny Drive North 82 degrees 02 minutes 02 seconds West 20.00 feet to a point; THENCE by line of Lot #73 and passing through the center of a partitton wall North 07 degrees 57 minutes 58 seconds East 100.00- feet to a point; THENCE by line of land now or formerly of J.P. Roth, South 82 degrees 02 minutes 02 seconds East 20.00 feet . to a point; THENCE by line of Lot #71 and passing through the center of a partition wall South 07 degrees 57 minutes 58 seconds West 100.00 feet to a point on the northern right-of-way line of Kittatinny Drive, the place of BEGINNING. CONTAINING 2,000 square feet. BEING Lot #72 on Final Subdivision Plan of Mountain View Village Phase IV Recorded in Plan Book 60, Page 87B. UNDER AND SUBJECT, to certain restrictions and conditions as appear of record in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book 392, Page 787, Miscellaneous Book 393, Page 557, and Miscellaneous Book 414, Page 1102. ALSO UNDER AND SUBJECT, NEVERTHELESS, to easements, restrictions, reservations, conditions and rights-of-way of record. BEING THE SAME PREMISES which Ethel L. Newman Petrovich and Gary Petrovich, by their deed to be recorded simultaneously herewith, in the office of the Recorder of Deeds of Cumberland County, granted and conveyed unto John W. Schell and Carolyn M. Schell. I,, 'u�ribertat�d County PAe—, 01764K,4438 1( Recorder of Deeds 1550790 PLANNED UNIT DEVELOPMENT RIDER THIS PLANNED UNIT DEVELOPMENT RIDER is made this 9th day of July 2002,and is incorporated into and shall be deemed to amend and supplement the Mortgage,Deed of Trust,or Security Deed (the"Security Instrument")of the same date,given by the undersigned(the"Borrower")to secure Borrower's Note to CITIZENS MORTGAGE CORPORATIONa Rhode Island Corporation, (the"lender")of the some date and covering the Property described in the Security Instrument and located at: 4180 KITTATINNY DRIVE MECHANICSBURG.PA 17050 [Property Address] The Property includes,but is not limited to,a parcel of land improved with a dwelling,together with other such parcels and certain common areas and facilities,as described in (the"Declaration").The Property is a part of a planned unit development known as [Name of Planned Unit Development) (the"PUD"). The Property also includes Borrower's interest in the homeowners association or equivalent entity owning or managing the common areas and facilities of the PUD(the"Owners Association")and the uses,benefits and proceeds of Borrower's interest. PUD COVENANTS. In addition to the covenants and agreements made in the Security Instrument,Borrower and Lender further covenant and agree as follows: A. PUD Obligations. Borrower shall perform all of Borrower's obligations under the PUD's Constituent Documents.The"Constituent Documents"are the(i)Declaration;(ii)articles of incorporation,trust instrument or any equivalent document which creates the Owners Association;and(iii)any by-laws or other rules or regulations of the Owners Association. Borrower shall promptly pay,when due,all dues and assessments imposed pursuant to the Constituent Documents. B.Property Insurance.So long as the Owners Association maintains,with a generally accepted insurance carrier,a"master"or"blanket"policy insuring the Property which is satisfactory to Lender and which provides insurance coverage in the amounts(including deductible levels),for the periods,and against loss by fire,hazards included within the term"extended coverage,"and any other hazards,including,but not limited to,earthquakes and floods,for which Lender requires insurance,then:(i)Lender waives the provision in Section 3 for the Periodic Payment to Lender of the yearly premium installments for property insurance on the Property;and(ii)Borrower's obligation under Section 5 to maintain property insurance coverage on the Property is deemed satisfied to the extent that the required coverage is provided by the Owners Association policy. What Lender requires as a condition of this waiver can change during the term of the loan. Borrower shall give Lender prompt notice of any lapse in required property insurance coverage provided by the master or blanket policy. In the event of a distribution of property insurance proceeds in lieu of restoration or repair following a loss to the Property,or to common areas and facilities of the PUB,any proceeds payable to Borrower are hereby assigned and shall be paid to Lender. Lender shall apply the proceeds to the sums secured by the Security Instrument,whether or not then due,with the excess,if any,paid to Borrower. C. Public Liability Insurance. Borrower shall take such actions as may be reasonable to insure that the Owners Association maintains a public liability insurance policy acceptable in form,amount,and extent of coverage to Lender. D. Condemnation. The proceeds of any award or claim for damages,direct or consequential,payable to Borrower in connection with any condemnation or other taking of all or any part of the Property or the common areas and facilities of the PUD,or for any conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender.Such proceeds shall be applied by Lender to the sums secured by the Security Instrument as provided in Section 11. MULTISTATE PUD RIDER—Single Family—Fannie M JFreddk Mac UNIFORM INSTRUMENT Form 3150 1/01 (page I aft pages) 3150.FRM(06101)FITECH BKI 764 PG 4439 1550790 E.Lender's Prior Consent.Borrower shall not,except after notice to Lender and with Lender's prior written consent,either partition or subdivide the Property or consent to:(i)the abandonment or termination of the PUD,except for abandonment or termination required by law in the case of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain;(a) any amendment to any provision of the"Constituent Documents"if the provision is for the express benefit of Lender;(iii) termination of professional management and assumption of self-management of the Owners Association;or(iv)any action which would have the effect of rendering the public liability insurance coverage maintained by the Owners Association unacceptable to Lender. F. Remedies.If Borrower does not pay PUD dues and assessments when due,then Lender may pay them. Any amounts disbursed by Lender wider this paragraph F shall become additional debt of Borrower secured by the Security Instrument.Unless Borrower and Lender agree to other terms of payment,these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable,with interest,upon notice from Lender to Borrower requesting payment. BY SIGNING BELOW,Borrower accepts and agrees to the terms and provisions contained in this PUD Rider. __ _..(Seal) HN W SCHELL f -Borrower CARD'SCHELL ( ' (Seal) -Borrower (Seal) -Borrower MULTISTATE PUD RIDER--Single Family—Fannie Moe/Freddie Mae UNifORM INSTRUMENT Form 3150 1/01 (page 2 f 2 pages) 31501.FRM(0601)FITECH BK 1764PG4 ^ EXHIBIT "B" 2I,t3 "<704 CO �� Ca SP Qy'it IPC3 Mg C 30' PHELAN HALLINAN&SCHMIEG,LLP Allison F.Wells,Esq.,Id.No.309519 1617 JFK Boulevard,Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 RBS CITIZENS,N.A. F/K/A CITIZENS BANK,N.A. SB/M TO CITIZENS MORTGAGE CORPORATION COURT OF COMMON PLEAS 10561 TELEGRAPH ROAD GLEN ALLEN,VA 23059 CIVIL DIVISION Plaintiff TERM v. ail NO. )a—'4937 CAROLYN M. SCHELL 4180 KITTATINNY DRIVE CUMBERLAND COUNTY MECHANICSBURG,PA 17050-9138 Defendant CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE 1`1, rlle Vitt, Attorney Elie Copy \T,d Li Wit. r.4 ILO Please Return original filed of record File#: 302940 ` .-�`.�~~~ -- a�a��m���v � ^ � z* `- �~ ^~--`-= - '- ~~ -- Supreme ��08k of Pennsylvania - c:' � _ Court Common Pleas mz �^""�^`,= ~ For Prothonotary liteOnly: Civil Cover County CUMBERLAND. ,� Vl/� ~ Vodxxmo: ` '' - .'- ' ~- - i The m/�o�/wv���rmbm�d��v�rooxr/o�����x/m�o�� 76b �n �e not ! _ stt., dement_pr replace th4Illing information and service ,�u Commencement of Action: S 0 Complaint El Writ of Summons O Petition E OT Transfer�u Another Jurisdiction ODudur�ionnyToki/� . c Lead Plaintiffs Numv' KnS CITIZENS, N.A. yK/A Lead Defendant's Name: CAROLYN K . SCI ELL CITIZENS BANK, NA.S!B/i\4 10 CiTIZENS ][ MORTGAGE T�}� _ _ __ ______� _ __ _ _____ I -------' ---- ��� �7v|lu,Amount Requested: L] within m�bbmtionUmiu �� Are money dm/ongom requested? L] Yes O8 No ___� (Check B0 outside arbitration limits ____ � ������ N Is this a Class Action Suit? [l Yes E3 No Is this an MDJApycn|? [] Yes 00 No �- _-_-___ _ ___ ______' ��amcoyP|aiodO7Appel}mnt'sAuomuy� �1U�pn�.�/6�~ ���-J.No, 3u95l�-Ph�anlla1Uuan�.Su|,od��l.LP A Attorney: ^ ~� Li Check here if you have no attorney (are a Self-Represented 'Pro Sel Litigant) -_ -_______'___-_-_-~-_____ _ - - -___ _ _-__'___---_-__�_______� _-__._-______-_'___� . ____ _� _____-____� -_�_____-__--_- Nature of the Case: Place un ^'X^ |othe left of the ONE case category that momxcuxuto|ydcsorihoyour PRIMARY CASE. If you ummaking more than one type ut claim, check the one that consider most important. TORT (do not include Moss Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional 0 Bayer Plaintiff Administrative Agencies . OMaUoiom Prosecution O Debt Collection: Credit Card O Board of Assessment � El Motor Vehicle 0 Deb Collection: Other El Board of Elections / ONubonce O Dept.of' nmopo,miou LI Premises Liability __ r. Statutory Appeal: Other El Product Liability � not�y �exn __�__ �__ _� __ __ , include mass toil) U Employment Dispute: S O3|undm/LibekDefamation Discrimination E O Other: [] Employment Dispute: Other O Zoning Board ElC _ __ --- _ _ - --__ -_�__-___-_ �__-__ � T ____ � � - — � O0�oc MASS TORT 0 o Asbestos -______ N 0 Tobacco '----- O -------' ------' ---������ -�����-----'--_ .�----- '----' O Toxic implant REAL PROPERTY MISCELLANEOUS O ���ox OC�mw�w�wm��A���� - B O 0 Eminent Domain/Condemnation O Declaratory Judgment O Ground Ren O Mandamus ------ Li L.andlordlTenant Dispute LI Non-Domestic Relations -------- OD Mortgage Foreclosure: Residential Restraining Order -- ------' -- []Mortgage Foreclosure:Commercial O Quo vvur,nn/o PROFESSIONAL LIABILITY Oywtibou OR«p|«vh` ODeum| O Quiet Title O Other: El Legal OOdker: OMedical [1 Other Protssomial: __________ ___ _' � _ � _____-__ ------'- ---------� -- ------ ------- � � � 07/VJ/�n// P�R'��� JV�5 Updated . ��� NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty(20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so,the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABI..E TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER. LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717)249-3166 (800)990-9108 File 4: 302940 1. Plaintiff is RBS CITIZENS,N.A. F/K/A CITIZENS BANK,N.A. S/B/M TO CITIZENS MORTGAGE CORPORATION 10561 TELEGRAPH ROAD GLEN ALLEN,VA 23059 2. The name(s) and last known address(es) of the Defendant(s) are: CAROLYN M. SCHELL, 4180 KITTATINNY DRIVE MECHANICSBURG, PA 17050-9138 who is/are the mortgagor(s)and/or real owner(s) of the property hereinafter described. 3. On 07/09/2002 CAROLYN M. SCHELL and JOHN W. SCI-IELL 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 1764, Page 4422.The mortgage and assignrnent(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 03/01/2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor,the entire principal balance and all interest due thereon are collectible forthwith. File#: 302940 6. The following amounts are due on the mortgage as of 06/15/2012: Principal Balance $41,782.26 Interest $3,367.11 02/01/2011 through 06/15/2012 Late Charges $115.92 Property Inspections $98.65 Escrow Deficit $1,291.29 TOTAL $46,655.23 7. Plaintiff is not seeking a judgment of personal liability(or an in personam judgment) against the Defendant(s) in the Action;however,Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding,this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy,but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon. 9. JOHN W. SCHELL was a co-record owner of the mortgaged premises as a tenant by the entirety. By virtue of JOHN W. SCHELL's death on or about 08/06/2011,his ownership interest was automatically vested in the surviving tenant by the entirety. 10. Plaintiff hereby releases JOHN W. SCHELL,from liability for the debt secured by the mortgage. File#: 302940 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $46,655.23, 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 HA 1...1.1 `N 11 1 EG, LLP Fay. ison F.Cii: Esq., Id. No. 309519 Attorney for Plaintiff Fite#: 302940 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tratc of land situate in Hampden Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern right-of-way line of Kittatinny Drive(64 feet wide private), at the dividing line of Lot#71 and Lot#72;said point also being located 681.28 feet west of the northwest corner of Kittatinny Drive and Tussey Court; THENCE by the northern right-of-way line of Kittatinny Drive North 82 degrees 02 minutes 02 seconds West 20,00 feet to a point; THENCE by line of Lot#73 and passing through the center of a partititon wall North 07 degrees 57 minutes 58 seconds East 100.00 feet to a point; THENCE by line of land now or formerly of J.P. Roth, South 82 degrees 02 minutes 02 seconds East 20.00 feet to a point; TFIENCE by line of Lot#71 and passing through the center of a partition wall South 07 degrees 57 minutes 58 seconds West 100.00 feet to a point on the northern right-of-way line of Kittatinny Drive, the place of BEGINNING. CONTAINING 2,000 square feet. BEING Lot#72 on Final Subdivision Plan of Mountain View Village Phase IV Recorded in Plan Book 60,Page 87I3. UNDER AND SUBJECT, to certain restrictions and conditions as appear of record in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Miscellaneous Book 392, Page 787, Miscellaneous Book 393, Page 557, and Miscellaneous Book 414, Page 1102. File#; 302940 ALSO UNDER AND SUBJECT, NEVERTHELESS, to easements, restrictions,reservations, conditions and rights-of-way of record. BEING THE SAME PREMISES which Ethel L.Newman Petrovich and Gary Petrovich, by their deed to be recorded simultaneously herewith, in the office of the Recorder of Deeds of Cumberland County, granted and conveyed unto John W. Schell and Carolyn M. Schell. PROPERTY ADDRESS: 4180 KITTATINNY DRIVE, MECHANICSBURG,PA 17050- 9138 PARCEL#10-15-1285-122 File#: 302940 VERIFICATION (0 ` r' i lei e j ,,hereby states that he/she is Jf i cr'r ,</ . of CCO MORTGAGE, A DIVISION OF RBS CITIZENS BANK,N.A, Plaintiff in this matter, that he/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec.4904 relating to unsworn falsification to authorities. .,(`l f Nan r,,,c _....1 7,r .1 DATE: b-24,,,,-) I :c1-4-74:7-/ ( 1 CCO MORTGAGE,A DIVISION OF RBS CITIZENS BANK, NA File#: 302940 Name: SCHELL eit4;P 162940 FORM I IN'CHE COURT OF COMMON PLEAS RBS CITIZENS,N.A. F/K/A CITIZENS BANK. OF CUMBERLAND COUNTY. PENNSYLVANIA N.A. S/BIM TO CITIZENS MORTGAGE CORPORATION Plaintiff(s) vs. CAROLYN M. SCHELL, Defendant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action,you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer,you must take the following steps to be eligible for a conciliation conference. First,within twenty(20)days of your receipt of this notice,you must contact MidPenn 1 egal Services at(7I 7)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 oldie foeclosure complaint. II 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 TfIE STEPS REQUIRED BY'THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date Allison F, Wells,Esq.,Id.No 309519 Attorney for Plaintiff EXHIBIT "C" 1.r- i-,;_, !'0NNuTA:i PHELAN HALLINAN,LLP 2013 APR - 1 AM 10: 06 Attorney for Plaintiff Jonathan Lobb,Esq., Id. No.312174 1617 JFK Boulevard,Suite 1400 CUMIZRLAN9 COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia,PA 19103 215-563-7000 RBS CITIZENS,N.A.F/K/A CITIZENS : CUMBERLAND COUNTY BANK,N.A.S/B/M TO CITIZENS MORTGAGE CORPORATION : COURT OF COMMON PLEAS vs. : CIVIL DIVISION CAROLYN M.SCHELL : No. 12-4937 CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against CAROLYN M.SCHELL, Defendant 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 $46,655.23 TOTAL $46,655.23 I hereby certify that(1)the Defendant's last known address is 4180 KITTATINNY DRIVE,MECHANICSBURG,PA 17050-9138,and(2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. / 2$ I3 Date � � I. La... j:f athan ebb,Esq.,Id.No.312174 ttorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. toi Ajip DATE: / /3 w PHS#302940 PRO OTARY ookmllOsDIx, ailti 00 ■OriA144) i'r?QSyS-Z 302940 ANokut i s\cet4 (Rule of Civil Procedure No. 236) - Revised RBS CITIZENS,N.A.F/K/A CITIZENS : CUMBERLAND COUNTY BANK,N.A.SB/M TO CITIZENS MORTGAGE CORPORATION : COURT OF COMMON PLEAS vs. : CIVIL DIVISION CAROLYN M.SCHELL : No. 12-4937 CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on 9/1/ was p By: If you have any questions concerning this matter please contact: Phelan Hallinan,LLP Jonathan Lobb, Esq., Id. No.312174 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 AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY** 302940 EXHIBIT "D" IN MI 0?. ( F C1) i\iN 1,111,Ek1, 1-.Np N Pi N NNY't RBS CITIZENS,N.A. F/K/A CITIZENS BANK, Court of Common Pleas NA, S/B/M TO CITIZENS MORTGAGE CORPORATION Civil Division Plaintiff CUMBERLAND County vs. No.: 12-4937 CIVIL CAROLYN M. SCHELL Defendant ORDER AND NOW, this 6,41.\—day of* 9013, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and 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 $41,782.26 Interest Through September 4, 2013 $6,361.54 Late Charges $115.92 Legal fees $2,075.00 Cost of Suit and Title $577.25 Escrow Deficit $4,053.45 TOTAL $54,965.42 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above 1/411,„ Try /I /45/1 796702 EXHIBIT "E" Amended PROPOSED SCHEDULE OF DISTRIBUTION Date Filed: December 2, 2013 Writ No. 2012-4937 Civil Term RBS Citizens,N.A. F/K/A Citizens Bank,N.A., S/B/M to Citizens Mortgage Corporation Vs Carolyn M. Schell 4180 Kittatinny Drive Mechanicsburg, PA 17050 Sale Date: November 06, 2013 Buyer: Gregory S. Lebo Total Due Per Order of Court to Re-Assess Damages $ 54,965.42 DISTRIBUTION: Receipts: Cash on Account (04/23/2013): $ 1,500.00 Cash on Account (11/06/2013): 7,900.00 Cash on Account (11/22/2013) 75,875.98 Total Receipts: $ 85,275.98 Disbursements: Sheriffs Costs $ 2,441.14 Legal Search 350.00 Transfer Tax (Local) 1,422.99 Transfer Tax (State) 1,422.99 Hampden Township Commissioners 342.96 Wyndham Place Homeowners Association 2,612.60 c/oAtty Stephen J. Dzuranin Attorney Joseph Schalk 1,500.00 Refund to RBS Citizens,N.A. F/K/A Citizens Bank,N.A., 54,965.42 S/B/M to Citizens Mortgage Corporation Carolyn M. Schell 20,217.88 Total Disbursements: ($85,275.98) Balance for distribution: 00.00 So Answers: Ronny R. Anderson Sheriff EXHIBIT F • PHELAN HALLINAN, LLP Suite 1400 One Penn Center Plaza at Suburban Station 1617 John F. Kennedy Blvd. Philadelphia,PA 19103-11814 215-563-7000 Fax: 215-567-0072 Lauren Tabas,Esquire Representing Lenders in Pennsylvania and New Jersey December 5, 2013 Carolyn M. Schell Office of the Sheriff 4180 Kittatinny Drive Cumberland County Courthouse Mechanicsburg,PA 17050 One Courthouse Square Carlisle,PA 17013 Tenant/Occupant Wyndham Place Homeowners Association 4180 Kittatinny Drive PO Box 118 Mechanicsburg,PA 17050 Enola, PA 17025 Wyndham Place Homeowners Association Citifinancial, Inc. C/o Stephen J. Dzuranin,Esquire 6520 Carlisle Pike, Suite 155 508 N. Second Street Mechanicsburg, PA 17055 Citifinancial, Inc. Mountain View Village PO Box 17170 4715 Mountain View Road Baltimore,MD 21203 Mechanicsburg, PA 17050-9118 Mountain View Village Mountain View Village 5226 Meadowbrook Drive 4173 Grouse Court Mechanicsburg, PA 17050-6834 Mechanicsburg, PA 17050-9116 Mountain View Village 4715 Mountain View Road#102 Mechanicsburg, PA 17050 Re: RBS Citizens,NA F/K/A Citizens Bank, NA S/B/M to Citizens Mortgage Corporation vs. Carolyn M. Schell Cumberland County, CCP, 12-4937-Civil Term To the Above Listed Parties: Enclosed please find a true and correct copy of my Exceptions to Sheriff's Distribution 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 distribution to the Plaintiff. Please respond to me by December 10, 2013. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. I Very iuly yours, Ph-. . -,Hallinan, LLP -uren Tabas, squire'I Enclosure Phelan Hallinan & Schmieg, LLP By: Lauren Tabas, Esquire Identification No. 93337 One Penn Center Plaza, Suite 1400 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 Attorney for Plaintiff (215) 563-7000 RBS Citizens, N.A. F/K/A Citizens Bank, N.A. : Court Of Common Pleas S/B/M to Citizens Mortgage Corporation Plaintiff : Civil Division Vs. : Cumberland County, Pennsylvania Carolyn M. Schell : 12-49373-CIVIL Defendant CERTIFICATE OF SERVICE I, Lauren Tabas, Esquire, hereby certify that true and correct copies of the Plaintiff's Exceptions to Sheriff's Sale Distribution Pursuant to Pa.R.C.P. Rule 3136(d), Brief in Support, attached Exhibits, and this Certificate, were served upon the following by regular mail on the date indicated below: Carolyn M. Schell Office of the Sheriff 4180 Kittatinny Drive Cumberland County Courthouse Mechanicsburg, PA 17050 One Courthouse Square Carlisle, PA 17013 Tenant/Occupant Wyndham Place Homeowners Association 4180 Kittatinny Drive PO Box 118 Mechanicsburg, PA 17050 Enola, PA 17025 Citifinancial, Inc. Citifinancial, Inc. PO Box 17170 6520 Carlisle Pike, Suite 155 Baltimore, MD 21203 Mechanicsburg, PA 17055 Mountain View Village Mountain View Village 5226 Meadowbrook Drive 4715 Mountain View Road Mechanicsburg, PA 17050-6834 Mechanicsburg, PA 17050-9118 Mountain View Village 4715 Mountain View Road #102 Mechanicsburg, PA 17050 Mountain View Village 4173 Grouse Court Mechanicsburg, PA 17050-9116 R:.pect 11 submitted, P ; ► HALLINAN, LLP Dated:) 3 auren Tabas, Esquire Attorney for Plaintiff 2 :I JAN -7 AN S: ,..=J0 LJ PEHNS*YLVANIA THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RBS Citizens, N.A. F/KIA Citizens Bank, N.A. : Court Of Common Pleas S/B/M to Citizens Mortgage Corporation Plaintiff : Civil Division Vs. : Cumberland County, Pennsylvania Carolyn M. Schell : 12-49371-CIVIL Defendant RULE AND NOW, this 6 day of 9„,,0,7 , 2013, a Rule is entered upon the Defendant and all interested parties to show cause why the attached Plaintiff's Exceptions to Sheriffs Sale Distribution Pursuant to Pa.R.C.P. 3136(d), should not be entered. 2.6 CAA"vt 64 r.r. s•Ntv . RULE RETURNABLE the day of 201 . By the C.d rt: io4 J. Corks frizi5c,C, ciaL 1 Nig Thrr 1 1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ary 01 C'uator , Jody S Smith Chief Deputy � .� 10 'i; Richard W Stewart Solicitor Or•F10E OF TH1 it.ERir r # ;; ,?I r, RBS Citizens, N.A. vs. Case Number Carolyn M. Schell 2012-4937 SHERIFF'S RETURN OF SERVICE 06/25/2013 06:07 PM - Deputy Noah Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 4180 Kittatinny Drive, Hampden Township, Mechanicsburg, PA 17050, Cumberland County. 06/25/2013 06:07 PM - Deputy Noah Cline, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be SUSAN PETERS (FRIEND WHO LIVES AT THIS ADDRESS), who accepted as"Adult Person in Charge"for Carolyn M. Schell at 4180 Kittatinny Drive, Hampden Township, Mechanicsburg, PA 17050, Cumberland County. 09/04/2013 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 10/2/2013 10/01/2013 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 11/6/2013 11/06/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberland County, PA on November 06, 2013 at 10:00 a.m. He sold the same for the sum of$79,000.00 to Gregory S. Lebo, 129 Woodland Avenue, Carlisle, PA 17013, being the buyer in this execution, paid to the Sheriff the sum of$ 11/06/2013 Property originally bid up to$79,000.00 by Steve Moyer of Moyer and Pletcher, however bidder failed to comply with the Sheriffs Terms and present the required 10% downpayment immediately at the time of sale, property was resold to Gregory S. Lebo for$79,000.00. Cab. 12/02/2013 Proposed Schedule Of Distribution Posted on 12/2/13, all parties notified. cab 12/09/2013 Exceptions to Proposed Schedule of Distribution filed in Sheriffs Office by Plaintiffs Attorney Lauren Tabas of Phelan Hallinan. cab 01/07/2014 Deed recorded on 1/7/14 SHERIFF COST: $861.14 SO ANSWERS, January 10, 2014 RONR ANDERSON, SHERIFF OP foi. , a aS Pa• Ce.. . SO LLfd• Cc:ur;,v,°iwt,Sheriff.Tot.Irc: 3D43/_7 f RBS CITIZENS, N.A.F/K/A CITIZENS BANK,N.A. • COURT OF COMMON PLEAS • S/B/M TO CITIZENS MORTGAGE CORPORATION Plaintiff • CIVIL DIVISION • v. • NO.: 12-4937 CIVIL • • CAROLYN M. SCHELL Defendant(s) ▪ CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 RBS CITIZENS,N.A.F/K/A CITIZENS BANK,N.A.S/B/M TO CITIZENS MORTGAGE CORPORATION,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 4180 KITTATINNY DRIVE,MECHANICSBURG,PA 17050-9138. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) CAROLYN M.SCHELL 4180 KITTATINNY DRIVE MECHANICSBURG,PA 17050-9138 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) CAROLYN M.SCHELL 4180 KITTATINNY DRIVE MECHANICSBURG,PA 17050-9138 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) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) CITIFINANCIAL,INC. 6520 CARLISLE PIKE,SUITE 155 MECHANICSBURG,PA 17055 CITIFINANCIAL,INC. P.O.BOX 17170 BALTIMORE,MD 21203 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. PHS #302940 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) MOUNTAIN VIEW VILLAGE 4175 MOUNTAIN VIEW RD MECHANICSBURG,PA 17050-9118 MOUNTAIN VIEW VILLAGE 5226 MEADOWBROOK DR MECHANICSBURG,PA 17050-6834 MOUNTAIN VIEW VILLAGE 4173 GROUSE CT MECHANICSBURG,PA 17050-9116 MOUNTAIN VIEW VILLAGE 4175 MOUNTAIN VIEW ROAD#102 MECHANICSBURG,PA 17050 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 4180 KITTATINNY DRIVE MECHANICSBURG,PA 17050-9138 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 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 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 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 :Ise . ents herein are made subject to the penalties of 18 P., C.S.A. § 4904 relating to unsworn falsificati+ to . +rities. / Date:4' 1 By: �� ' e an Hallinan,LLP Lauren R.Tabas,Esq.,Id.No.93337 Attorney for Plaintiff PHS #302940 RBS CITIZENS,N.A. F/K/A CITIZENS BANK,N.A. S/B/M TO : COURT OF COMMON PLEAS CITIZENS MORTGAGE CORPORATION : CIVIL DIVISION Plaintiff : : NO.: 12-4937 CIVIL vs. CAROLYN M. SCHELL : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: CAROLYN M. SCHELL 4180 KITTATINNY DRIVE MECHANICSBURG, PA 17050-9138 **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 4180 KITTATINNY DRIVE,MECHANICSBURG,PA 17050-9138 is scheduled to be sold at the Sheriff's Sale on 09/04/2013 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$46,655.23 obtained by RBS CITIZENS,N.A.F/K/A CITIZENS BANK,N.A.S/B/M TO CITIZENS MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 (800) 990-9108 I SHORT DESCRIPTION By virtue of a Writ of Execution No. 12-4937 CIVIL RBS CITIZENS,N.A.F/K/A CITIZENS BANK,N.A. S/B/M TO CITIZENS MORTGAGE CORPORATION v. CAROLYN M. SCHELL owner(s) of property situate in HAMPDEN TOWNSHIP, CUMBERLAND County, Commonwealth of Pennsylvania, being 4180 KITTATINNY DRIVE,MECHANICSBURG,PA 17050-9138 Parcel No. 10-15-1285-122 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $46,655.23 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in Hampden Township, Cumberland County, Commonwealth of Pennsylvania,more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern right-of-way line of Kittatinny Drive(64 feet wide private), at the dividing line of Lot#71 and Lot#72; said point also being located 681.28 feet west of the northwest corner of Kittatinny Drive and Tussey Court; THENCE by the northern right-of-way line of Kittatinny Drive North 82 degrees 02 minutes 02 seconds West 20.00 feet to a point;THENCE by line of Lot#73 and passing through the center of a partition wall North 07 degrees 57 minutes 58 seconds East 100.00 feet to a point;THENCE by line of land now or formerly of J.P.Roth, South 82 degrees 02 minutes 02 seconds East 20.00 feet to a point;THENCE by line of Lot#71 and passing through the center of a partition wall South 07 degrees 57 minutes 58 seconds West 100.00 feet to a point on the northern right-of-way line of Kittatinny Drive, the place of BEGINNING. CONTAINING 2,000 square feet. BEING Lot#72 on Final Subdivision Plan of Mountain View Village Phase IV Recorded in Plan Book 60,Page 87B. UNDER AND SUBJECT, to certain restrictions and conditions as appear of record in the Office of the Recorder of Deeds in and for Cumberland County,Pennsylvania in Miscellaneous Book 392, Page 787,Miscellaneous Book 393, Page 557, and Miscellaneous Book 414,Page 1102. ALSO UNDER AND SUBJECT,NEVERTHELESS,to easements,restrictions,reservations, conditions and rights-of-way of record. TITLE TO SAID PREMISES IS VESTED IN John W. Schell and Carolyn M. Schell, h/w, by Deed from Ethel L. Newman, nka, Ethel L. Newman Petrovich and Gary Petrovich, her husband, dated 07/09/2002,recorded 07/11/2002 in Book 252, Page 3226. By virtue of JOHN W. SCHELL's death on or about 08/06/2011, his ownership interest was automatically vested in the surviving tenant by the entirety. PREMISES BEING: 4180 KITTATINNY DRIVE,MECHANICSBURG,PA 17050-9138 PARCEL NO. 10-15-1285-122 WRIT OF EXECUTION and/or ATTACHMENT • k COMMONWEALTH OF PENNSYLVANIA) NO. 12-4937 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due RBS CITIZENS,N.A. F/K/A CITIZENS BANK,N.A. S/B/M TO CITIZENS MORTGAGE CORPORATION Plaintiff(s) From CAROLYN M. SCHELL (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: $46,655.23 L.L.: $.50 Interest FROM 4/2/2013 TO DATE OF SALE ($7.67 PER DIEM)-$1,196.52 Atty's Comm: Due Prothy: $2.25 Atty Paid: $186.75 Other Costs: Plaintiff Paid: Date: 4/10/13 David D. Buell,Prothon ary (Seal) By: Deputy REQUESTING PARTY: Name: LAUREN R.TABAS,ESQUIRE Address: PHELAN HALLINAN LLP 1617 JFK BOULEVARD,SUITE 1400 ONE PENN CENTER PLAZA COPY E �,n, r GC'7=` PHILADELPHIA,PA 19103 TRUE sand 2 unto set ri,y In Testimony Vf .-a d f:i her ? Attorney for: PLAINTIFF and the seal of r�ld`'o�u'�at'Carlisle,F"a. This daY of d— Pro`,norw ,N Telephone: 215-563-7000 Supreme Court ID No. 93337 LXII 30 CUMBERLAND LAW JOURNAL 07/26/13 2012-4937 Civil Term RBS CITIZENS,N.A. vs. CAROLYN M. SCHELL Atty.:Joseph Schalk By virtue of a Writ of Execution No. 12-4937 CIVIL, RBS CITIZENS, N.A. f/k/a CITIZENS BANK, N.A. s/b/m TO CITIZENS MORTGAGE CORPORATION v. CAROLYN M. SCHELL owner(s)of property situate in HAMPDEN TOWNSHIP, CUM- BERLAND County, Commonwealth of Pennsylvania, being 4180 KIT- TATINNY DRIVE,MECHANICSBURG, PA 17050-9138. Parcel No. 10-15-1285-122. Improvements thereon:RESIDEN- TIAL DWELLING. Judgment Amount:$46,655.23. 96 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne,Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid,being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952,been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 26, August 2 and August 9, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement,and that all allegations in the foregoing statements as to time,place and character of publication are true. isa Marie Co , Editor SWORN TO AND SUBSCRIBED before me this day of August, 2013 Notary NOTARIAL SEAL Diit10114r; A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY, My Commission Expires Apr 2S,201r, The Patriot-News Co. 1900 Patriot Drive e patflot~News Mechanicsburg, PA 17050 Inquiries - 717-255-8213 Now you know CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 1900 Patriot Drive, in the Township of . Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s)shown below: 20124937 Chill Term • RBS CITIZENS,N.A. 07/28/13 %CAROLYN M.SCHELL. 08/04/13 Atty; Joseph Schalk 08/11/13 By virtue of a Writ of Execution No.12-493 i CIVIL RBS CITIZENS, NA F/K/A CITIZENS BANK, IslA S/B/M TO (WIZENS MORTGAGE CORPORATION Swor to . d subscribed befo e t 's 2. .ay of August, 2013 A.D. owner(s)of, C'Uy situate in HAMPDEN ��► _` .` �t� 1 • TOWNSHIP, cI1MBERIAND county, Commonwealth often Pennsylvania,being — !' %11__ MECHANICSBURG;PA 17050-9138 Parcel No.10-15-1285422 (Acreage or street address) Improvements thereon: RESIDENTIAL COMMONWEALTH OF PENNSYLVANIA DWELLING Notarial Seal~ Judgment Amount:$46,655.23 Holly Lynn Warfel,Notary Public Washington Twp.,Dauphin County My Commission Expires Dec.12,2016 MEMBER,PENN !':MANIA A19■CIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Gregory S. Lebo is the grantee the same having been sold to said grantee on the 6th day of November A.D., 2013, under and by virtue of a writ Execution issued on the 10th day of april, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 4937, at the suit of RBS Citizens,N.A. F/K/A Citizens Bank,N.A. S/B/M to Citizens Mortgage Corporation against Carolyn M. Schell is duly recorded as Instrument Number 201400557. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 7 1 h day of , A.D. 001(--1 pePuf Recorder of Dedds Amordr of Deeds,Cumberland County,Carlisle,PA My Commission Expires the First Monday of Jan.2018 TA R P"N' 'SYt COUNTY ANIA Phelan Hallinan& Schmieg, LLP By: Lauren Tabas, Esquire Identification No. 93337 One Penn Center Plaza, Suite 1400 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 Attorney for Plaintiff (215) 563-7000 RBS Citizens,N.A. F/K/A Citizens Bank,N.A. : Court Of Common Pleas S/B/M to Citizens Mortgage Corporation Plaintiff : Civil Division Vs. : Cumberland County, Pennsylvania Carolyn M. Schell : 12-49371-CIVIL Defendant CERTIFICATE OF SERVICE I,Lauren Tabas, Esquire, hereby certify that true and correct copies of the Rule Returnable for Plaintiff's Exceptions to Sheriff s Sale Distribution Pursuant to Pa.R.C.P. Rule 3136(d) and this Certificate,were served upon the following by regular mail on the date indicated below: Carolyn M. Schell Office of the Sheriff 4180 Kittatinny Drive Cumberland County Courthouse Mechanicsburg,PA 17050 One Courthouse Square Carlisle,PA 17013 Tenant/Occupant 4180 Kittatinny Drive Wyndham Place Homeowners Association Mechanicsburg,PA 17050 PO Box 118 Enola,PA 17025 Wyndham Place Homeowners Association C/o Stephen J.Dzuranin,Esquire Citifinancial, Inc. 508 N. Second Street 6520 Carlisle Pike, Suite 155 Mechanicsburg, PA 17055 r Citifinancial, Inc. Mountain View Village PO Box 17170 4715 Mountain View Road Baltimore,MD 21203 Mechanicsburg,PA 17050-9118 Mountain View Village Mountain View Village 5226 Meadowbrook Drive 4173 Grouse Court Mechanicsburg,PA 17050-6834 Mechanicsburg,PA 17050-9116 Mountain View Village 4715 Mountain View Road#102 Mechanicsburg, PA 17050 Re�pec lly submitted, P EL / _LL LL Dated: I l By: �Jduren Tabas, Esquire Attorney for Plaintiff � . �r,0 �,3 .. ._� 1, i1 P ENNSYLVA[iIJ% THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RBS Citizens, N.A. F/K/A Citizens Bank,N.A. : Court Of Common Pleas S/B/M to Citizens Mortgage Corporation Plaintiff : Civil Division Vs. : Cumberland County, Pennsylvania Carolyn M. Schell : 12-49373-CIVIL Defendant RULE AND NOW; this G ^ day of !;:7 u., , 2013, a Rule is entered upon the Defendant and all interested parties to show cause why the attached Plaintiff's Exceptions to Sheriff's Sale Distribution Pursuant to Pa.R.C.P. 3136(d), should not be entered. 2-0 otall a{,m- sWrv?--;_ . RULE RETURNABLE the 9 , 201 By the C rt: J. Z ;4 FEB - + CU1,Ito, 1110. 26 ERLAND PENNS YL Pj tjjA Phelan Hallinan, LLP By: Lauren Tabas, Esquire Identification No. 93337 One Penn Center Plaza, Suite 1400 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 Attorney for Plaintiff (215) 563-7000 RBS Citizens, N.A. F/K/A Citizens Bank,N.A. : Court Of Common Pleas S/B/M to Citizens Mortgage Corporation Plaintiff : Civil Division Vs. : Cumberland County, Pennsylvania Carolyn M. Schell : 12-4937-CIVIL Defendant MOTION TO MAKE RULE ABSOLUTE AND now comes Plaintiff,by and through its attorney,Phelan Hallinan, LLP and hereby petitions this Honorable Court to make the Rule to Show Cause issued on January 6,2014, absolute in the above captioned mortgage foreclosure action, and in support thereof, avers as follows: 1) Plaintiff filed Exceptions Pursuant to Pa.R.C.P. 3136(d)to the Schedule of Distribution of Sale held on November 6, 2013, with the Court on January 2, 2014. 2) This Honorable Court issued a Rule upon Defendants and all interested parties on January 6, 2014 to show cause why the Plaintiffs Exceptions should not be granted. A true and correct copy of the Rule is attached hereto, made a part hereof, and marked as Exhibit"A." 3) The Rule to Show Cause was forwarded to all parties at their last known address by Plaintiff on January 17, 2014. A true and corect copy o fthe certificate of service and proof of mailing are attached hereto, made a part hereof, and marked as Exhibit`B". 4) Defendants and all interested parties have failed to respond or otherwise plead by the Rule Returnable date of February 6, 2014. WHEREFORE, Plaintiff prays this Honorable Court make the Rule issued on January 6, 2014, absolute and enter an Order granting Plaintiffs Exceptions Pursuant to Pa.R.C.P. 3136(d)to the Schedule of Distribution of Sale held on November 6, 2013. Res,ec lly submitted, P ELAN-UA- P - Date. By: 7".en abas, squ Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP By: Lauren Tabas, Esquire Identification No. 93337 One Penn Center Plaza, Suite 1400 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 Attorney for Plaintiff (215) 563-7000 RBS Citizens,N.A. F/K/A Citizens Bank,N.A. : Court Of Common Pleas SB/M to Citizens Mortgage Corporation Plaintiff : Civil Division Vs. : Cumberland County, Pennsylvania Carolyn M. Schell : 12-4937-CIVIL Defendant CERTIFICATE OF SERVICE I,Lauren Tabas, Esquire, hereby certify that true and correct copies of the Rule Returnable for Plaintiff's Exceptions to Sheriff's Sale Distribution Pursuant to Pa.R.C.P. Rule 3136(d)and this Certificate,were served upon the following by regular mail on the date indicated below: Carolyn M. Schell Office of the Sheriff 4180 Kittatinny Drive Cumberland County Courthouse Mechanicsburg,PA 17050 One Courthouse Square Carlisle,PA 17013 Tenant/Occupant 4180 Kittatinny Drive Wyndham Place Homeowners Association Mechanicsburg,PA 17050 PO Box 118 Enola,PA 17025 Wyndham Place Homeowners Association Citifinancial, Inc. C/o Stephen J.Dzuranin,Esquire 6520 Carlisle Pike, Suite 155 508 N. Second Street Mechanicsburg, PA 17055 Citifinancial, Inc. Mountain View Village PO Box 17170 4715 Mountain View Road Baltimore, MD 21203 Mechanicsburg, PA 17050-9118 Mountain View Village Mountain View Village 5226 Meadowbrook Drive 4173 Grouse Court Mechanicsburg, PA 17050-6834 Mechanicsburg, PA 17050-9116 Mountain View Village 4715 Mountain View Road#102 Mechanicsburg, PA 17050 Y lly submitted, HALLINAN, LP Dated: n Tabas, Esquire Attorney for Plaintiff E # Jfw -7 m, 8-. �3 C:U1 t i))E RLAND PEPMSYLVtaWA THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RBS Citizens,N.A. F/K/A Citizens Bank,N.A. : Court Of Common Pleas SB/M to Citizens Mortgage Corporation Plaintiff : Civil Division Vs. : Cumberland County, Pennsylvania Carolyn M. Schell : 12-49373-CIVIL Defendant RULE AND NOW; this 6 ^ day of , 2013, a Rule is entered upon the Defendant and all interested parties to show cause why the attached Plaintiff s Exceptions to Sheriffs Sale Distribution Pursuant to Pa.R.C.P. 3136(d), should not be entered. Zo t o{t— ,a.rvts:—- RULE RETURNABLE tn&. --day-4- , 201 By the C J. EXHIBIT "B" TA R CU pBERL 4110 :23 ENes yt gN,ANrY Phelan Hallinan&Schmieg,LLP By: Lauren Tabas,Esquire Identification No. 93337 One Penn Center Plaza, Suite 1400 1617 John F. Kennedy Blvd. Philadelphia,PA 19103 Attorney for Plaintiff (215) 563-7000 RBS Citizens,N.A. FWA Citizens Bank,N.A. : Court Of Common Pleas SB/M to Citizens Mortgage Corporation Plaintiff : Civil Division Vs. : Cumberland County, Pennsylvania Carolyn M. Schell : 12-49371-CIVIL Defendant CERTIFICATE OF SERVICE I,Lauren Tabas, Esquire,hereby certify that true and correct copies of the Rule Returnable for Plaintiffs Exceptions to Sheriff s Sale Distribution Pursuant to Pa.R.C.P. Rule 3136(d)and this Certificate,were served upon the following by regular mail on the date indicated below: Carolyn M. Schell Office of the Sheriff 4180 Kittatinny Drive Cumberland County Courthouse Mechanicsburg,PA 17050 One Courthouse Square Carlisle,PA 17013 Tenant/Occupant 4180 Kittatinny Drive Wyndham Place Homeowners Association Mechanicsburg,PA 17050 PO Box 118 Enola,PA 17025 Wyndham Place Homeowners Association C/o Stephen J.Dzuranin,Esquire Citifinancial,Inc. 508 N.Second Street 6520 Carlisle Pike, Suite 155 Mechanicsburg,PA 17055 '^ r Citifinancial, Inc. Mountain View Village PO Box 17170 4715 Mountain View Road. Baltimore,MD 21203 Mechanicsburg,PA 17050-9118 Mountain View Village Mountain View Village 5226 Meadowbrook Drive 4173 Grouse Court Mechanicsburg,PA 17050-6834 Mechanicsburg,PA 17050-9116 Mountain View Village 4715 Mountain View Road#102 Mechanicsburg,PA 17050 mm*l .......Dated: I Attorney for Plaintiff VIOZ 41 NVf16118£1000 r 0$8-t'o0 $ E0166 dlZ Moir �rr,w�rr 83M0S 0N1.sd<{30d.1SOd"8 f 1 rr —; � h h rol c L z g a Q 3 0, cn � ja Ga+ v, x M N > > moo � ~' c °'• "° ;� = } .° E"'' o it V + N M � w Z, 4 O ow zL hlv 46l mtooQ 0$5"Z00 S £A464 dlz wrr \ Ail s3moe,t3Nlid«3DVj.SOd'S'fi 0 n a n a 0 G7 zw � > 3 ze © FILED-OFF E iC� Cr THE PRO1 HONG TA RY 20i ti FEB 18 AM 10i 23 CUMBERLAND COUNTY. PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA RBS Citizens,N.A. F/K/A Citizens Bank,N.A. : Court Of Common Pleas S/B/M to Citizens Mortgage Corporation Plaintiff : Civil Division Vs. : Cumberland County, Pennsylvania Carolyn M. Schell : 12-4937-CIVIL Defendant ORDER AND NOW, this !l` day of f , 2012,upon consideration of Plaintiff's Exceptions to Sheriff's Sale Distribution Pursuant to Pa.R.C.P. 3136(d), and any response thereto, it is hereby: ORDERED and DECREED that said Exceptions are granted and that the Sheriff is hereby directed to issue a revised Schedule of Distribution providing for the balance of the proceeds realized from the Sheriffs Sale of the property located at 4180 Kittatinny Drive, Mechanisburg,PA 17050 held on November 6, 2013 to be distributed first for the taxes and costs as outlined in the proposed Schedule of Distribution, then distributed in the sum of$57,727.83, to the executing Plaintiff by and through its attorney, Phelan, Hallinan, LLP,along with the Sheriffs Deposit Refund of$1,500.00. fnat 1.9L a 0-.144) ga.L. �'''`Zab� CA J. acalig) afte rn - RBS Citizens,N.A. F/K/A Citizens Bank, N.A. : Court Of Common Pleas SB/M to Citizens Mortgage Corporation Plaintiff : Civil Division Vs. : Cumberland County, Pennsylvania Carolyn M. Schell : 12-49373-CIVIL Defendant Distribution List: Carolyn M. Schell Office of the Sheriff 4180 Kittatinny Drive Cumberland County Courthouse Mechanicsburg,PA 17050 One Courthouse Square Carlisle,PA 17013 Tenant/Occupant Wyndham Place Homeowners Association 4180 Kittatinny Drive PO Box 118 Mechanicsburg,PA 17050 Enola,PA 17025 Wyndham Place Homeowners Association Citifinancial, Inc. C/o Stephen J.Dzuranin,Esquire 6520 Carlisle Pike, Suite 155 508 N. Second Street Mechanicsburg, PA 17055 Citifinancial, Inc. Mountain View Village PO Box 17170 4715 Mountain View Road • Baltimore, MD 21203 Mechanicsburg, PA 17050-9118 Mountain View Village Mountain View Village 5226 Meadowbrook Drive 4173 Grouse Court Mechanicsburg,PA 17050-6834 Mechanicsburg, PA 17050-9116 Mountain View Village 4715 Mountain View Road#102 Mechanicsburg, PA 17050