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HomeMy WebLinkAbout12-5521 t' ~+..tD"CI~ F ICS ~~a~r~or~or~I~~; `t7tL ~Lf ~1' ~U1~9~FRLANa CUUNTY PENNSYLVANIA PHELAN HALLINAN & SCHMIEG, LLP John Kolesnik ,Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIF~ 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 CCO MORTGAGE CORP. COURT OF COMMON PLEAS 10561 TELEGRAPH ROAD GLEN ALLEN, VA 23059 CIVIL DIVISION Plaintiff TERM v. NO. ~ a- ss °r1( 1 GLENN D. LATONA 4150 ROTH FARM VILLAGE CIRCLE CUMBERLAND COUNTY MECHANICSBURG, PA 17050-3609 Defendant CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE airs ~ ~S~ Q~! File#: 300122 h j. ~ /~~lc.,~ 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 your 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 300122 1__, 1. Plaintiff is RBS CITIZENS, N.A. F/K/A CITIZENS BANK, N.A. S/B/M TO CCO MORTGAGE CORP. 10561 TELEGRAPH ROAD GLEN ALLEN, VA 23059 2. The name(s) and last known address(es) of the Defendant(s) are: GLENN D. LATONA 4150 ROTH FARM VILLAGE CIRCLE MECHANICSBURG, PA 17050-3609 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/21 /2005 GLENN D. LATONA 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 1928, Page 1516.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of. public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01 /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 300122 6. The following amounts are due on the mortgage as of 05/15/2012: Principal Balance $179,058.91 Interest $8,646.22 08/01/2011 through 05/15/2012 Additional/Deferred Interest $473.20 Late Charges $0.00 Property Inspections $71.75 Escrow Deficit 308.04 TOTAL $188,55812 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. The mortgage premises are vacant and abandoned. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $188,558.12, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: Jo olesni ,Esquire rney for Plaintiff File 300122 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in the Township of Hampden, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern right-of-way line of Roth Farm Village Circle (50 feet wide) at the northwest corner of Lot 5 on the hereinafter mentioned plan; thence along the northern line of Lot 5 on the hereinafter mentioned plan; thence along the northern line of Lot 5!, South 76 degrees 02 minutes 30 seconds East, a distance of 114.86 feet to a point at the Northeast corner of Lot 5 and property now or formerly of Presbytery of Carlisle of the Presbyterian Church; thence along the western line of property now or formerly of Presbytery of Carlisle of the Presbyterian Church, North 13 degrees 59 minutes 00 seconds East, a distance of 34.00 feet to a point at the southeast corner of Lot No. 7; thence along the southern line of Lot North 76 degrees 02 minutes 30 seconds West, a distance of 105.81 feet to a point; thence along the same, North 81 degrees 47 minute 40 seconds West, a distance of 10.00 feet to a point at the southwest corner of Lot 7 and the eastern right-of--way line of Roth Farm Village Circle; thence along Roth Farm Village Circle by a curve to the right having a radius of 175.00 feet and an arc length of 17.57 feet to a point; thence continuing along same, South 13 degrees 57 minutes 30 seconds West, a distance of 15.45 feet to a point, the point and place of BEGINNING. CONTAINING 3,907 square feet and having an address of 4150 Roth Farm Village Circle, Mechanicsburg, Pennsylvania 17050. File 300122 _ _ _ _ _ T r 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, . PENNSYLVANIA RBS CITIZENS, N.A. F/K/A CITIZENS BANK, N.A. S/B1M 'f0 CCO MORTGAGE CORP. Plaintiff(s) vs. GLENN D. LATONA la - sss ~ Defendant(s) _ ~~_Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSU~ZE DIVERSION FROGRAM 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 acourt-supervised conciliation conference in an effort to resolve this matter with your lender. if you do not have an attorney, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services ~t (717) 243-9400 extension 25 l0 or (800) 822-5288 extension 2510 and request appointment of a legs! representative at not charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative wilt prepare and~file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will hav~ an opportunity to meet with a representative of your lender in attempt to work out a reasonable arrangements with your!tender before the mortgage foreclosure suit proceeds forward. [f you are represented by a lawyer, you and your lawyer must take the following steps to be eligible fmr a conciliation conference. [t is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the fo~hrtat attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which musN;be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work our reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward, TF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY TH[S NOTICE. THIS PROGRAM IS FREE. Respectfully submitted; l~titt' Sign re of Counsel for ~intz~ i ~ cad' C d --~t ~ "~7 ~ ~i W w _ _ _ _ - F Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Please Docket # 130RROWF.R REQUEST FOR I-IARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances' to determine possible options while working with your .Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: L City: State: Zip: Is the property for sale`? Yes No Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied`? Yes ? No ? Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other; Email: # of people in household: How long? Mailing Address: City: State: Zip: Phone Numbers: Home:T Office: Cell: Other: Email: ~ # of people in household: How long? First Mortgage Lender: Typo oI!, Loan: _ Loan Number: Date you Closed Your Loan: Second Mortgage Lender: TYPE of Loan: Loan Number: Total Mortgage Payments Amount: Included Taxes & Insurance: Date of Last Payment: T _ _ _ _ _ , Primary Reason for Default: Is the loan in Bankruptcy? Yes ? No ? If yes, provide names, location of court, case number & attorney: _ Assets Amount Owed: Value: Home: $ _ $ Other Real Estate: $ _ IZetirernent Funds: $ _ $ Investments: $ $ ' Checking: $ _ $ Savings: $ Other; $ _ $ Automobile # 1: Model: Year: Amount owed: Value: Automobile #2: Model: Year: Arnaunt owed: Value: Other transportation automobiles boats, motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. ~ _ _ 3. Additional Income Description (not wages): l . monthly amount:. 2, _ _monthly amount: ' Borrower Pay Days:. Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT _ _ Mort~a~e Food 2" ,Mort a e _ Utilities Car Payment(s) Condo/Nei h. Fees _ Auto Insurance Med. (not covered) Auto fueUrepairs Other ro a meet _ Install Loan Payment Cable TV Child Support/Alien. Spending Money Day/Child Care/Twit. _ Other Ex eases Amount Available for Monthly Mortgage Payments Based an Income & Expenses: Havc you been working with a Housing Counseling Agency? Yes ? No ? If yes, please provide the following information: Counseling Agency: Counselor: _ _ Phone (Office};~_ .Fax: _ _ Email: Have you made application for Homeowners Emergency Mortgage Assistance Program. (HEMAP) assistance? Yes ? No ? If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's Loan servicing company to resolve your delinquency? Yes ? No ? If yes, please indicate the status of those negotiations: Please provide the following information, if you know, regarding your lender or lcnder's loan servicing company: Lender's Contact (Name): Phone:. Servicing Company (Name): Contact: Phone: _ _ _ _ _ _ T _ _ 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 services provided by the above named Borrower Signature Date Date Co-Borrower Signature Please forward this page along with the following information to lender: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) 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 CCO MORTGAGE CORP. Plaintiff Civil Division V. CUMBERLAND County GLENN D. LATONA No.: 12-5521-CIVIL Defendant RULE AND NOW, this day of I"1 J013, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting 1� intiff s 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 COURT J. C-a -,. _T.y - Pie(a,1 300122 athan Lobb,Esq., Id.No.312174 i elan Hallinan, LLP 7 JFK Boulevard, Suite 1400 ladelphia, PA 19103 I L: (215) 563-7000 X: (215) 563-3459 �ENN D. LATONA 4 50 ROTH FARM VILLAGE CIRCLE ?� ECHANICSBURG, PA 17050-3609 300122 300122 r 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 CCO MORTGAGE CORP. Plaintiff Civil Division vs. CUMBERLAND County GLENN D. LATONA No.: 12-5521-CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 4, 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. c GLENN D. LATONA x 4150 ROTH FARM VILLAGE CIRCLE M M— MECHANICSBURG, PA 17050-3609 {X> cn Cam, r--�_ Phela allina LLP = --" DATE: 13 By: Jon an M. Etkowicz, Esq., Id. No.208786 A an for Plaintiff 300122 T FILED-OFFIC7 Phelan Hallinan, LLP OF T H E PROTHONOTARY Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 140013 APR 30 All 10: 1 6 One Penn Center Plaza CUMBERLAND COUNTY Philadelphia, PA 19103 PENNSYLVANIA 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 CCO MORTGAGE CORP. • Plaintiff • Civil Division • vs. • CUMBERLAND County GLENN D. LATONA No.: 12-5521-CIVIL Defendant MOTION TO MAKE RULE ABSOLUTE RBS CITIZENS,N.A. F/K/A CITIZENS BANK,N.A. S/B/M TO CCO MORTGAGE CORP., 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 April 2, 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 March 25, 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 Albert H. Masland on or about April 4, 2013 directing the Defendant to show cause by April 24, 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 April 12, 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. 300122 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of April 24, 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, LLP DATE: V/2y//3 By: Jo an Lobb, Esq., Id. No.312174 Attorney for Plaintiff 300122 Exhibit "A" 300122 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania and New Jersey March 22, 2013 GLENN D. LATONA 4150 ROTH FARM VILLAGE CIRCLE MECHANICSBURG,PA 17050-3609 RE: RBS CITIZENS,N.A. F/K/A CITIZENS BANK,N.A. S/B/M TO CCO MORTGAGE CORP.v. GLENN D. LATONA Premises Address: 4150 ROTH FARM VILLAGE CIRCLE MECHANICSBURG,PA 17050 CUMBERLAND County CCP,No. 12-5521-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 3/30/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, r ath n Lobb,Esq., Id.No.312174 Attorney for Plaintiff Enclosure 300122 N r'''''G. } Y n rye O 099 LOO 1 call €�' 1a M CD ▪ .S g ai v' O R to 41 so f/S `1` O g T O d O 'Eo E«c ` O 7.F O r • C•m E 75 E . o `c °.E' _ ><'. Eo us E y E N p m 7 � g�ss g o Sg F O LI O J • O L O y 8.w ads W �▪"O u o Rt 8 V,W a,E. c.�.- N N. O V N F NT o g2Ee p o e = .o ,. m x o. u N �u °�,cu°o as O O • f7 4 CA m o. ;-' d z s W E d � S a a o a ° °w AM U o ' s C:, C W U) €.0 o r.. �.. d •7 y ,� a d 1 CU l 'C a 1.6 W. (1) tE Z a0 xx 0 4AOdW da• ^ ,°", srZaVL' U 8 a -- 0 . Z C7 rr c4 IE a E ,Z .X a h,.) -X t N U m o M E a E , 0 , a Z Q 0 . Fes-0.. 44 • Exhibit "B" 300122 IN THE COURT OF COMMON PLEAS OF CU'VIBERLAND COUNTY PENNSYLVANIA RBS CITIZENS,N.A. F/K/A CITIZENS BANK, Court of Common Pleas N.A. S/B/M TO CCO MORTGAGE CORP. Plaintiff Civil Division v. CUMBERLAND County GLENN D. LATONA No.: 12-5521-CIVIL Defendant RULE AND NOW,this // 1 day of ,j 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 THE COURT T CT) •r, C=. { rn a-fl' P. Loo' - _J IN) r-.1 300°y ,? • • Exhibit "C" 300122 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 CCO MORTGAGE CORP. Plaintiff Civil Division vs. CUMBERLAND County GLENN D. LATONA No.: 12-5521-CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 4,2013 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. GLENN D. LATONA 4150 ROTH FARM VILLAGE CIRCLE MECHANICSBURG,PA 17050-3609 l'hc1� ►. ..all 1nai.;L1,1' DATE: �.,.v '. Jor riian M.Etkowicz,Esq.,Id.No.208786 A f mc:y for Plaintiff 300122 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 CCO MORTGAGE CORP. Plaintiff • Civil Division • vs. • CUMBERLAND County • GLENN D. LATONA • No.: 12-5521-CIVIL • Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. GLENN D. LATONA 4150 ROTH FARM VILLAGE CIRCLE MECHANICSBURG, PA 17050-3609 Phelan Hallinan, LLP DATE: V/2q/13 By: Jo atflLobb, Esq.,Id.No.312174 Attorney for Plaintiff 300122 rta � ,f q PHELAN HALLINAN,.LLP Attorney for Plaintiff. M --- Meredith Wooters,Esq.,Id. No.307207 1617 JFK Boulevard,Suite 1400 ra One Penn Center Plaza > ." Philadelphia,PA 19103 215-563-7000 o-n © IN THE COURT OF COMMON PLEAS s" o M OF CUMBERLAND COUNTY,PENNSYLVANIA `{ RBS CITIZENS,N.A.F/K/A CITIZENS BANK,N.A. CUMBERLAND COUNTY I r SB/M TO CCO MORTGAGE CORP. Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION GLENN D.LATONA No.: 12-5521-CIVIL Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c)on each of the persons or parties named,at that address,set forth on the Affidavit and as amended if applicable.A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"A". Meredith Wooters,Esq.,Id.No.307207 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 4s not present at the sale. PHS#300122 Mme and Phelan Hnllinan,I.f.P Address 1617JFK Boulevard,Suite 1400 t713 Of Sender One Penn CenterPlsza a Philadelphia,PA 19103 AZK/GNM-061052013 SALE Linc Anicle Number Name of Addressee,Street and Post Office Address Posta,Kc ra I •'*» TENAN'lYMCUPANT SOA4 L) 4150 ROTH FARM VILLAGE CIRCLE MECHANICSBURG PA 17050-3609 _ 2 *•"' ARMITAGE SQUARE HOMEOWNER'S ASSOCIATION_____. SOA4 4075 MARKET STREET e � E. CAI%IPM'(LJ,PA 17011 3 ''•• CCO Mortgage Corporation $0.44 10541 Tek-graph Road > ' Glen Alien,VA 23059 , 4 •'** CCU Mortgage Corporation $0A4 ' ATTN:DOCUMENT CONTROL PO BOX 4060 GLEN ALLEN,VA 23058 j��1" ` -4r 3 "�** Domestic Relations of SO." Cumberland County 13 North Hanover Street it Carlisle,PA 17013 t 1 6 ""** Commonwealth otPennsylvanla $0.44 fll ;1 Department of Welfare a P.O.Box 2,675 Harrisburg,PA 17105 7 '* Internal Revenue Service Advisory SOA4 10001.9herty Avenue Rnom 704 Pittsburgh,PA 15222. 8 ••** U.S.DepartmcntofJustice 50.44 U,S•Attorney for the Middle District of PA Federal Building Building 228 walnut Street;Suite 220 PO Box 11750 " Harrisburg,PA 17108-1754 3I Tat.l M=b&of _ Tow Nuwbo of bias Poomme,Par prime of I'rho ftn d xmwu evslae is atO,.cd an ill dxaenie tut immwiont mgixaed fail.The muinum iadrmaityowAblt Piton Until tw seuderr ftvfi ed a Pan orGeo Rtxidn=F,ru51a5u1 fa n'e wwnmudion oroon p6ible dome is tadv Eom Wt4mvd%m rcemstnte6w nunm is S$0.000 per pica subject to a dmtot SSW,U10 per xaweax.10t nuxinum fbOrmafty pq+ble an t,�rrn Mnl toerduMtt fs 1500. 7T.e manirun inkmnsy p;abl:{:125,000 fa rseisser«I mad,aeM.vifh epaond inruraner. See ibmutie M 7 Mewl "'� R900 9133rd P21 E imhtfions Mebver!r .� Form 3877 Facsimile ay 3Y._. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA _C= -r; 'ro 3 w --► RBS CITIZENS,N.A. F/KIA CITIZENS BANK, Court of Common P -tee N.A. SB/M TO CCO MORTGAGE CORP. " Plaintiff Civil Division r-7 ©cn VS. CUMBERLAND cft-y r- r��S r- .. GLENN D. LATONA No.: 12-5521-CIVIL Defendant ORDER AND NOW,this day of//,-16i , 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 Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $179,058.91 Interest Through June 5, 2013 $20,227.09 Legal fees $1,450.00 Cost of Suit and Title $575.41 Property Preservation $35.00 Escrow Deficit $2,770.12 TOTAL $204,116.53 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY�T-HE COURT: t- J. 300122 PHELAN HALLINAN, LLP 6"" THE PROTHONOTARY Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 70 13 JUKI AM 10: 18 One Penn Center Plaza CUMBERLAND COUNTY Philadelphia,PA 19103 PENNSYLVANIA 215-563-7000 RBS CITIZENS, N.A. F/K/A CITIZENS BANK, N.A. S/B/M TO CCO MORTGAGE CORP. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. NO. 12-5521-CIVIL GLENN D. LATONA Defendant AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P.,404(2)/403 1 hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail,return receipt requested,to GLENN D. LATONA on MARCH 25,2013 in accordance with the Order of Court dated MARCH 4, 2013. The property was posted on APRIL 1,2013. Publication was advertised in THE CUMBERLAND LAW JOURNAL on APRIL 5,2013 &in THE SENTINEL on MARCH 28, 2013. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unswom falsification to authorities. Phelan Hallinan, LLP DATE: ....... By: —) bb Es q- .- Td�'l 1�91 7a�Jonath L ., Id. No.312174 Attorney for Plaintiff ........... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA RBS CITIZENS,N.A. F/K/A CITIZENS BANK, N.A. SABIM TO CCO MORTGAGE CORP. CIVIL#VISION Plaintiff NO. 12-5521-CIVIL V. M' rn m- GLENN D. LATONA = Defendant ORDER rn AND NOW,this day of 11A�'C 2013,after consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court,it is hereby: ORDERED that pursuant to Pa.R.C.P.430(a),servi a of the Notice of Sale is permitted on Defendant GLENN D.LATONA by: ✓ REGULAR MAIL TO GLENN D. LATONA at 4150 ROTH FARM VILLAGE CIRCLE,MECHANICSBURG,PA 17050- 3609 Service by mail is complete upon the date of mailing CERTIFIED MAIL TO GLENN D.LATONA at 4150 ROTH FARM VILLAGE CIRCLE,MECHANICSBURG,PA 17050- 3609 Service by mail is complete upon the date of mailing ✓ POSTING 4150 ROTH FARM VILLAGE CIRCLE MECHANICSBURG,PA 17050-3609 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P.3129.2(D). BY TJW COURT: PHS#300122 -/CC PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 Philadelphia,PA 19103 ✓GLENN D. LATONA 4150 ROTH FARM VILLAGE CIRCLE, MECHANICSBURG,PA 17050-3609 'i*e,3 Aw,,Iel - 31,1W113 Name and PHELAN HALLINAN&SCHMIEG Address One Penn Center at Suburban,Suite 1400 of Sender Philadelphia,PA 19103 Line Article Name of Addressee,Street,and Post Office Address Postage Number GLENN D.LATONA o 150 ROTH FARM VILLAGE CIRCLE N MECHANICSBURG,PA 17050-3609 fir0 U) 2 #### z 3 #### w co O Co fl acio N � IVOO 5 6 #### 7 /\� 1 8 9 lip 10, 11 #### - 4 12 :.GLENN D.LATONA PHS#300122 Total Number of Total Number of Pieces Postmaster,Per(Name of Receiving Pieces Listed by Sender Received at Post Office Employee) LXR- *NOTICE OF SALE: CERTIFICATE OF MAILING* 'CODE: 1020 TfTt 2417 6099 0130 0203 LXH/300122 1020 GLENN D. LATONA 4150 ROTH FARM VILLAGE CIRCLE MECHANICSBURG, PA 17050-3609 --fold here(regular) --fold here(6x9) --fold here(regular) 2 UNITED STATES, Date Produced: 04/01/2013 PHELAN HALLINAN & SCHMIEG The following is the delivery information for Certified MailTm item number 7178 2417 6099 0130 0203. Our records indicate that this item was delivered on 03/30/2013 at 10:55 a.m. in MECHANICSBURG, PA, 17055. The scanned.image of the recipient information is provided below. Signature of Recipient: (l { s3 �- Address of Recipient: tA Thank you for selecting the Postal Service for your mailing needs. if you require additional assistance, please contact your local post office or Postal Service representative. Sincerely, United States Postal Service The customer reference number shown below is not validated or endorsed by the United States Postal Service. It is solely for customer use. Customer Reference Number: 130027 PLAINTIFF AFFIDAVIT OF SERVICE(FNMA) � , RBS CITIZENS,N.A.F/K/A CITIZENS BANK,N.A.SB/M TO CCO CUMBERLAND COUNTY MORTGAGE CORP. PHS#300122 DEFENDANT GLENN D.LATONA SERVICE TEAM/snl COURT NO.:12-5521-CIVIL SERVE GLENN D.LATONA AT: TYPE OF ACTION 4150 ROTH FARM VILLAGE CIRCLE MECHANICSBURG,PA 17050-3609 SA Notice ESheriff's Sale SALE DATE:06/05/2013 ****PLEASE POST THE PROPERTY*** **PLEASE POST PROPERTY IN ACCORDANCE WITH THE COURT ORDER** SERVED j Served a d made known to GLENN D.LATONA,Defendant on the day of �� 20 C at o'clock K. M., at 4150 ROTH FARM VILLAGE CIRCLE MECHANICSBURG FA 17050.3609, in the manner described below: —Defendant personally served. _Adult family member with whom Defendant(s)reside(s). Relationship is —Adult in charge of Defendant's residence who refused to give name or relationship. —Manager/Clerk of place of lodging in which Defendant(s)reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. XX Other: POSTED THE PROPERTY Description: Age Height Race S D� ex Other 1, a competent adult,hereby verify that I personally posted the property with a true and correct copy of the otice of Sheriff's Sale in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. I understand that this statement ' made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. f DATE: L 1 g NAME: PRINTED NA E: ) GLY✓�Q�M CA TITLE: C-e.r. NOT SERVED On the day of 20 at o'clock .M.,I, state that NOT OT FOUND because: — a competent adult hereby _Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) No Answer on at at _,Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T.Phelan,Esq.,Id,No.32227 Francis S.Hallman,Esq.,Id.No.62695 Daniel G.Schmieg,Esq.,Id.No.62205 Michele M.Bradford,Esq.,Id.No.69849 Judith T.Romano,Esq.,Id.No.58745 Jenine R.Davey,Esq.,Id.No.87077 Lauren R.Tabas,Esq.,Id.No.93337 Jay B.Jones,Esq.,Id.No.86657 Andrew L.Spivack,Esq.,Id.No.84439 Chrisovalante P.Fliakos,Esq.,Id.No.94620 Courttenay R.Dunn,Esq.,Id.No.206779 Allison F.Zuckerman,Esq.,Id.No.309519 Melissa J.Cantwell,Esq.,Id.No.308912 ^N4 Mario J.Hanyon,Esq.,Id.No.203993 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1920, P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne,Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz April 5, 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. Lysa Marie Coyne/Editor \-11 SWORN TO AND SUBSCRIBED before me this 5 dgy of April, 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 CUMBERLAND LAW JOURNAL NOTICE OF SHERIFF'S SALE In the Court of Common Pleas of Cumberland County, Pennsylvania NO. 12-5521-CIVIL RBS CITIZENS,N.A.f/k/a CITIZENS BANK, N.A. s/b/m TO CCO MORTGAGE CORP. vs. GLENN D.LATONA NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO: GLENN D. LATONA Being Premises: 4150 ROTH FARM VILLAGE CIRCLE, MECHAN- ICSBURG,PA 17050-3609. Being in HAMPDEN TOWNSHIP, County of CUMBERLAND, Com- monwealth of Pennsylvania, 10-15- 1285-219. Improvements consist of residen- tial property. Sold as the property of GLENN D. LATONA. Your house (real estate) at 4150 ROTH FARM VILLAGE CIRCLE,ME- CHANICSBURG, PA 17050-3609 is scheduled to be sold at the Sheriff's Sale on June 5,2013 at 10:00 A.M., at the CUMBERLAND County Court- house, 1 Courthouse Square, Car- lisle,PA 17013,to enforce the Court Judgment of$188,558.12 obtained by, RBS CITIZENS,N.A. f/k/a CITI- ZENS BANK, N.A. s/b/m TO CCO MORTGAGE CORP. (the mortgagee), against the above premises. PHELAN HALLINAN,LLP Attorneys for Plaintiff Apr. 5 11 PROOF OF PUBLICATION State of Pennsylvania,County of Cumberland Tackie Cox,Sales Director,of The Sentinel,of the County and State aforesaid,being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle,County and State aforesaid,was established December 13th,1881, since which date THE SENTINEL has been regularly issued in said County,and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): March 28,2013 COPY OF NOTICE OF PUBLICATION NU I rur Ur btirKu"tS ZSALL IN THE COURT OF COMMON PLEAS OF CUMBERLAND C OUNTY,PENNSYLVANIA NO. 12-5521-CIVIL ' Affiant further deposes that he/she is not KIA CITIZENS BANK,N.A.SIB/M TO CCO MORTGAGECORP. interested in the subject matter of the aforesaid notice or advertisement, and that .LATONA all allegations in the foregoing statement as SALE OFREALPROPERTY:-., to time,place and character of publication OTH FARM VILLNbr`ClliUE,MECHA'N[bSBURG,PA 17050`360b are true. WNSHIP,County of CUMBERLAND,Commonwealth of Pennsylvania,10-15-1285-219 f residential prbperty. A GLENN D.LAT.ONA at 4150,ROTH I P 10M VILLAGE CIRCLE*11ME G , CHANICSBOR ,PA 17050-3609 is scheduled 4, ft s Sale on06/05/2 '13,bt,10:00.AM,atthe'CUMBERLAND County Courthouse,I Courthouse Vt 17013,to enforce the Court Judgment of$188.558.12 obtained by,KBS CITIZENS,N.A.'F/K/A StB/M TO CCO MORTGAGE CORP,(the mortgagee),against the above premises. LLP Sworn t and subscribed before me this Notary Public My commission expires: NOTARIAL SEAL BAMBI ANN HECKENDORN Notary Public CARLISLE BGROLIGH,CUMBERLAND CNTY My Corrmission'Expires Jan V, 2014 "FILED-Ct=EiCE OF THE PROTHONOTARY 2013 JUN, 10 P111 1: 01 CUMBERLA140 COUNTY PENNSYLVANIA PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff RBS CITIZENS, N.A. F/K/A CITIZENS BANK, N.A. S/B/M TO CCO MORTGAGE CORP. Court of Common Pleas 10561 TELEGRAPH ROAD GLEN ALLEN, VA 23059 Civil Division Term Plaintiff V. No. 2012-5521-Civil GLENN D. LATONA Cumberland County 4150 ROTH FARM VILLAGE CIRCLE MECHANICSBURG,PA 17050-3609 Defendant MOTION TO LIFT CONCILIATION STAY Plaintiff, CCO Mortgage, A Division of RBS Citizens Bank, N.A., Successor (hereinafter . "Plaintiff'), by its attorney, Joseph P. Schalk, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 1. On September 6, 2012, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendant for his failure to make monthly payments of principal and interest upon his mortgage due September 1, 2011, and each month thereafter. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit A. 2. On September 14, 2012, Plaintiff completed service on Defendant of the ' Complaint in Mortgage Foreclosure along with service of the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice. A true and correct copy of the Affidavit of 300122 Service is attached hereto, made part hereof and marked as Exhibit B. 3. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the Foreclosure action is stayed for sixty (60) days from the date of service. 4. Within 60 days after service of the complaint, the Defendant may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request, the Court will schedule a Conciliation Conference. The program provides that Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of notice if not represented by counsel. 5. If more than sixty (60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendant failed to.opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty (60) days of service. 7. Due to Defendant's failure to opt in to the program, Plaintiff inadvertently proceeded with the entry of judgment prior to lifting the stay imposed by the Diversion Program on November 15, 2012. 8. Defendant received service of the Complaint, had an. opportunity to enter the Diversion Program and had an opportunity to defend the foreclosure action, but opted instead to take no action whatsoever with respect to this matter. 9. Since Defendant opted not to participate in the Diversion Program or litigated the instant foreclosure action, it is appropriate for the stay to be lifted nunc pro tune and the judgment confirmed. 300122 WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program, the stay be lifted nunc pro tunc, and the default judgment entered November 15, 2012 is hereby confirmed. Respectfully submitted, PHELAN HALLINAN, LLP Date: BY: os h . Schalk, Esquire Atto ney for Plaintiff 300122 Exhibit A T!?ELPROHONOTAF�Y 1012 SEP -6 AM II: 22 CUMBERLAND COUNTY PENNSYLVANIA PHELAN HALLINAN&SCHMIEG,LLP John Kolesnik,Esq.,Id.No.308877 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTI4 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 RBS CITIZENS,N.A. F/K/A CITIZENS BANK,N.A. SB/M TO CCO MORTGAGE CORP. COURT OF COMMON PLEAS 10561 TELEGRAPH ROAD GLEN ALLEN, VA 23059 CIVIL DIVISION Plaintiff TERM ` V. cut ` NO. I X :5 GLENN D. LATONA 4150 ROTH FARM VILLAGE CIRCLE CUMBERLAND COUNTY MECHANICSBURG, PA 17050-3609 Defendant CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE IT � I File N: 300122 / aS4F-? a77 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 i 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 yolk 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 LAWYEk. 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 N: 300122 I. Plaintiff is RBS CITIZENS,N.A. F/K/A CITIZENS BANK,N.A. SB/M TO CCO MORTGAGE CORP. 10561 TELEGRAPH ROAD GLEN ALLEN, VA 23059 2. The name(s) and last known address(es) of the Defendant(s)are: GLENN D. LATONA 4150 ROTH FARM VILLAGE CIRCLE MECHANICSBURG, PA 17050-3609 who is/are the mortgagor(s)and/or real owner(s) of the property hereinafter described. 3. On 10/21/2005 GLENN D. LATONA 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 1928, Page 1516.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2011 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 specifidd by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File k: 300122 6. The following amounts are due on the mortgage as-of 05/15/2012: Principal Balance $179,058.91 Interest $8,646.22,, 08/01/2011 through 05/15/2012 Additional/Deferred Interest .$473.20 Late Charges $0,00 Property Inspections $71.75 Escrow Deficit 308.04 TOTAL $188,558,12 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. The mortgage premises are vacant and abandoned. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s)in the sum of $188,558.12,together with interest, costs, fees,and charges collectible under the mortgage including but not limited to attorney fees and costs,and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN& SCHMIEG,LLP ' By: 7 Jo olesni ,Esquire rmey for Plaintiff File q: 300122 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in the Township of Hampden, County of Cumberland-, Commonwealth of Pennsylvania,more particularly bounded and described as follows, to wit: BEGINNING at a point on the eastern right-of-way line of Roth Farm Village Circle(50 feet wide)at the northwest comer of Lot 5 on the hereinafter mentioned plan; thence along the northern line of Lot 5 on the hereinafter mentioned plan; thence along the northern line of Lot 51 South 76 degrees 02 minutes 30 seconds East,a distance of 114.86 feet to a point at the Northeast comer of Lot 5 and property now or formerly of Presbytery of Carlisle of the Presbyterian Church; thence along the western line of property now or formerly of Presbytery of Carlisle of the Presbyterian Church,North 13 degrees 59 minutes 00 seconds East,a distance of 34.00 feet to a point at the southeast comer of Lot No. 7;thence along the southern line of Lot 1, North 76 degrees 02 minutes 30 seconds West, a distance of 105.81 feet to a point; thence along the same,North 81 degrees 47 minute 40 seconds West, a distance of 10.00 feet to a point at the southwest comer of Lot 7 and the eastern right-of-way line of Roth Farm Village Circle;thence: along Roth Farm Village Circle by a curve to the right having a radius of 175.00 feet and an arc; length of 17.57 feet to a point; thence continuing along same, South 13 degrees 57 minutes 30 seconds West, a distance of 15.45 feet to a point,the point and place of BEGINNING. CONTAINING 3,907 square feet and having an address of 4150 Roth Farm Village Circle, Mechanicsburg, Pennsylvania 17050. File 300122 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSTLVANIA RBS CITIZENS,N.A. F/K/A CITIZENS BANK,N.A.S/B/M'f0 CCO MORTGAGE CORP. Plaintiff(s) vs. GLENN D. LATONA 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 an attorney,you must take the following steps to be eligible for a conciliation conference. First, within twenty(20)days of your receipt of this notice,you must contact MidPenn Legal Services 8t (717)243-9400 extension 2510 or(800)822-5288 extension 2510 and request appointment of a legal representative't not charge to you.Once you have been appointed a legal representative,you must promptly meet with the legal representative within twenty(20)days of the appointment date. During that meeting,you must provide the legal representative wit all the requested financial information so that a loan resolution proposal can be prepared on your behalf,If you and your legal representative complete a financial worksheet in the format attached hereto,the legal representative will prepare and1file 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 havi an opportunity to meet with a representative of your lender in attempt to work out a reasonable arrangements with yourrlender before the mortgage foreclosure suit proceeds forward. if you are represented by a lawyer,you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However,you must provide your lawyer with all the requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto,your lawyer will prepare and file a Request for Conciliation Conference with the Court,which must'be filed with the Court within sixty(60)days of the service upon you of the foreclosure complaint.if you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work our reasonable arrangements with your lender before the mortgage foreclosure suit proce6ds forward, IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date Sign re of Counsel for I dint' ;Cv Cn z v dry --r zo Zz -f Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Please Docket# BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstancesi to determine possible options while working with your Please provide the following information to the best of your knowledge: - i i Borrower name(s): Property Address: City: State: Zip: ' Is the property for sale`? Yes 0 No Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? . Mailing Address: City: State: Zip: Phone Numbers: Home:^ _ Office: Cell: Other: Email: #of people in household: How long? i First Mortgage Lender: Type ofd Loan: Loan Number: Date you Closed Your Loan: Second Mortgage Lender: Typ6 of Loan: Loan Number: Total Mortgage Payments Amount: $� Included Taxes & Insurance: Date of Last Payment: i Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No If yes,provide names, location of court,case number&attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ Automobile#I: Model: Year: Amount owed:. Value: Automobile#2: Model: Year: Amount owed: Value; Other transportation(automobiles, boats,motoWeles): Model: Year: Amount owed- Value Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): monthly amount: 2, monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT mortgaae Food : f`—Mortpge Utilities Car Payment(s) Condo/Neigh.Fees Auto Insurance Med,*(not covered) f Auto fuel/repairs Other prop. eayment Install. Loan Payment Cable TV Child Support/Alin, Spending Money , -Day/Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income&Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone(Office):__ Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ i If yes,please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to ' resolve your delinquency? Yes ❑ No ❑ If yes,please indicate the status of those negotiations: Please provide the following information, if you know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company(Name): Contact: Phone: I/We, ,authorize the above named _ to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this page along with the following information to lender: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) _ 6. Listing agreement(if property is currently on the market) Exhibit B OFFICE OF CUMBERLAND COUNTY Jody S Smith �'°RAV of 4 Chief Deputy Richard W Stewart Solicitor OF"a SHEP" r RBS Citizens,NA � Case Number Glenn D.Latona 2012-5521 SHERIFF'S RETURN OF SERVICE 08/14/2012 07:49 PM-Michael Barrick, Deputy Sheriff,who being duty swom according to law,states that on September 14,2012 at 1948 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program,upon the within named defendant,to wit:Glenn D.Latona,by making known unto himself personally,at 4150 Roth Farm Vllage Circle,Mechanicsburg,Cumberland County,Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. ICHAEL BARRICK,DtEPL& SHERIFF COST:$38.00 SO ANSWERS, f September 17,2012 ROW?R ANDERSON,SHERIFF (c)Coumysutte ShM f,TMeMM roc. PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff RBS CITIZENS, N.A. F/K/A CITIZENS BANK,N.A. Court of Common Pleas S/B/M TO CCO MORTGAGE CORP. 10561 TELEGRAPH ROAD Civil Division GLEN ALLEN, VA 23059 Tenn Plaintiff V. No.2012-5521-Civil GLENN D. LATONA Cumberland County 4150 ROTH FARM VILLAGE CIRCLE MECHANICSBURG, PA 17050-3609 Defendant CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff's Motion to Lift Conciliation Stay and proposed Order were sent via first class mail to the person listed below on the date indicated: . GLENN D. LATONA 4150 ROTH FARM VILLAGE CIRCLE MECHANICSBURG,PA 17050-3609 Date: !`- By: os ph Schalk, Esquire Att rney for Plaintiff 300122 i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RBS CITIZENS, N.A. F/K/A CITIZENS BANK, N.A. S/B/M TO CCO MORTGAGE CORP. Court of Common Pleas 10561 TELEGRAPH ROAD Civil Division GLEN ALLEN, VA 23059 Term Plaintiff V. No. 2012-5521-Civil GLENN D. LATONA Cumberland County 4150 ROTH FARM VILLAGE CIRCLE MECHANICSBURG, PA 17050-3609 Defendant ORDER AND NOW, this 12` day of 2013, upon consideration of Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter, it is hereby ORDERED and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed with its Mortgage Foreclosure Action. BY THE COURT: J. pis P&L L (' =- �• J . ' �, °' .s CD +- nut A�.113 R I 300122 i i CC : Glenn D. Latona Joseph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 GLENN D. LATONA 4150 ROTH FARM VILLAGE CIRCLE MECHANICSBURG, PA 17050-3609 300122 FILE0-0 F 10E" OF TKE. PRO*410„OTARY Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. Ng.yO'3 8q 6 ' 10^ O ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 CUMBERLANO 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 CCO MORTGAGE CORP. Plaintiff Civil Division V. CUMBERLAND County GLENN D. LATONA No.: 12-5521-CIVIL 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 September 6, 2012. 2. Judgment was entered on November 15, 2012 in the amount of$188,558.12. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit"A". 3. Plaintiff filed a prior Motion to Reassess Damages, which was granted by Order dated May 2, 2013, amending the judgment amount to $204,116.53. A true and correct copy of the Order is attached hereto, made part hereof, and marked as Exhibit"B". 4. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item 793884 which can be calculated from the complaint,i.e. bringing the interest current. However,new items cannot be added at the time of entry of the judgment. 5. The Property is listed for Sheriffs Sale on September 4,2013. 6. 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 $179,058.91 Interest Through September 4,2013 $22,938.89 Legal fees $1,450.00 Cost of Suit and Title $836.22 Property Preservation $35.00 Escrow Deficit $3,349.27 TOTAL $207,668.29 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 9. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9),Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on July 16, 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"C". 11. In compliance with Cumberland County Local Rule 209.3(a)(2),Plaintiff avers that Judge Albert H. Masland entered an order to Amend Judgment dated May 2,2013 . 793884 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: Z By: Vtha4nM� . E ATTORNEY FOR PLAINTIFF 793884 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. SB/M TO CCO MORTGAGE CORP. Plaintiff Civil Division V. CUMBERLAND County GLENN D. LATONA No.: 12-5521-CIVIL Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE GLENN D. LATONA 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 4150 ROTH FARM VILLAGE CIRCLE, MECHANICSBURG, PA 17050-3609. 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. 793884 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. 11. LEGAL ARGUMENT TO AMEND PLAINTIFFS IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of ajudgment 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. 19.98). Union National Bank of Pittsburgh v. Ciong-oli,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 793884 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 Sheriff s Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel,424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 793884 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. 793884 Vl. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records,title reports and supporting documents,preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal'balance is reasonable and enforceable as an attorney's fee. Robinson v.Loomis, 51 Pa. 78 (1865);First Federal Savings and Loan Association v. Street Road Shopping Center,68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner,the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344(Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 793884 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage,Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action: As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property,not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 793884 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. 793884 Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage,then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP DATE: 3 By:_ d,05��� Jo han M. Etkowicz,Esquire Attorney for Plaintiff 793884 Exhibit "A" 793984 PHELAN HALLINAN&SCHMIEG, LLP Attorney for Plaintiff Jonathan Lobb,'Esq., Id.No.312174 1617 JFK Boulevard, Suite 1400 - One Penn Center Plaza '��3 Philadelphia,PA 19103 P����:�Lti�, 215-563-7000 Q RBS CITIZENS,N.A. F/K/A CITIZENS CUMBERLAND COUNTY BANK,N.A. SB/M TO CCO MORTGAGE CORP. COURT OF COMMON PLEAS `- N VS. CIVIL DIVISION rn�' , os`'r z c -V rn r a GLENN D.LATONA No. 12-5521-CIVIL z $o <v s> 5-6 --- z� o °m PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: r• Kindly enter judgment in favor of the Plaintiff and against M a',A `bN Defendant for failure to file an Answer to Plaintiffs Complaint �, ys from service thereof and for foreclosure and sale of the mortgaged premises,an ess Plaintiffs damages as follows: As set forth in Complaint $188,558.12 TOTAL $188,558.12 I hereby certify that(1)the Defendant's last known address is 4150 ROTH FARM VILLAGE CIRCLE,MECHANICSBURG,PA 17050-3609,and(2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date i9ffwali Lobb,Esquire orney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 1111!5)jP-- PHS#300122 PROTHONOTARY 300122 Exhibit "B" 793884 IN THE COURT OF COMMON PLEAS G r CUMBERLAND COT)'.1 T ,.)?1VNNSA? ,'V:I NIA `' s rn (71— RBS CITIZENS,N.A. F/K/A CITIZENS BANK, Courts C'ci�tt,u. n c N.A. S/B/M TO CCO MORTGAGE CORP. _,. Plaintiff vs. CUMBERLAND Cent GLENN D. LATONA No.: 12-5521-CIVIL Defendant ORDER AND NOW, this �„�� day of f1l I , 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 tune as follows: Principal Balance $179,058.91 Interest Through June 5,2013 $20,227.09 Legal fees $1,450.00 Cost of Suit and Title $575.41 Property Preservation $35.00 Escrow Deficit $2,770.12 TOTAL $204,116.53 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY-THE CURT: 1� 4u, 300122 Exhibit "C." 793884 PHE LAN 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 16,2013 GLENN D. LATONA 4150 ROTH FARM VILLAGE CIRCLE MECHANICSBURG,PA 17050-3609 RE: RBS CITIZENS,N.A. F/K/A CITIZENS BANK.,N.A. S/B/M TO CCO MORTGAGE CORP.v. GLENN D. LATONA Premises Address:4150 ROTH FARM VILLAGE CIRCLE MECHANICSBURG,PA 17050 CUMBERLAND County CCP,No. 12-5521-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 7/22/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Ve Ty o-- Etkowicz,Esq.,Id.No.208786 A Qrney for Plaintiff Enclosure 793884 i I o � Name and Phelan Hallinan,LLP o ad Address I6171FK Boulevard,Suite 1400 r (m Mender One Penn Center Plaza Philadelphia,PA 19103 KVM Line Article Number I Name of Addressee,Street,and Post Mee Address Posta2e � M 1 •""• GLENN D.LATONA 0 4150 BOTH FARM VILLAGE CIRCLE $0.46 MECHANICSBURG PA 17050-3609 g c RE:GLENN D.LATONA CUMBERLAND PH#793884/1200 Page I of I $0.46 too° Tate)Number Of TOW NOmber ofPitoes Possnasv,pQ(Name Of The full declaration of aalue is te9occd wan domestic and mtemationai registered mail.The mi pi-es Listed by Sender Receisad at Pat Office Raeiv g Employee) far the roemftruetion Of ru nnegobable documeati under Expresa Mail dowmem reconstruction i J. Diece subioa to a Emit of 5500.000 per oaortenoe.The madmum tndemnity payable on E Form 3877 Facsimil i�msl The naaidmnei indemnity pryabk is 525.000 for rcpvuM mail.am with optional insurance.Sr A900 5913 and 5921 Fm limitntwns o(w � e r 793884 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. SB/M TO CCO MORTGAGE CORP. Plaintiff Civil Division V. CUMBERLAND County GLENN D. LATONA No.: 12-5521-CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. GLENN D. LATONA 4150 ROTH FARM VILLAGE CIRCLE MECHANICSBURG, PA 17050-3609 Phelan Hallinan,LLP DATE: By: Jona M.Etkowicz,Esquire ATTORNEY FOR PLAINTIFF 793884 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 CCO MORTGAGE CORP. Plaintiff Civil Division V. CUMBERLAND County GLENN D. LATONA No.: 12-5521-CIVIL Defendant RULE AND NOW, this �`+�� day of 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 Plaintiff's Motion to Reassess Damages. If no response is filed with the Court,Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY T COURT J. Him O rn r C) : O C) ? 793884 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 GLENN D. LATONA 4150 ROTH FARM VILLAGE CIRCLE MECHANICSBURG,PA 17050-3609 793884 ___ 793884 Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckerman @phelanhallinan.com 215-563-7000 RBS CITIZENS, N.A. F/K/A CITIZENS BANK, : Court of Common Pleas N.A. S/B/M TO CCO MORTGAGE CORP. Plaintiff • Civil Division • vs. • CUMBERLAND County • GLENN D. LATONA • No.: 12-5521-CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's July 29, 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. GLENN D. LATONA 4150 ROTH FARM VILLAGE CIRCLE - MECHANICSBURG, PA 17050-3609 - Ph- �n ma. ' \4 DATE: f' /Y B, : son F. ,.c erman, Esq., Id.No.309519 Attorney for Plaintiff 793884 �r 0 TH1 11 ) Phelan Hallinan, LLP ?013 AUG 23 AM 10: 13 Jonathan Lobb, Esq., Id. No.312137�� ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 IBE'RLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 RBS CITIZENS;N.A. F/K/A CITIZENS BANK, Court of Coinmon Pleas N.A. S/B/M TO CCO MORTGAGE CORP. Plaintiff Civil Division vs. CUMBERLAND County GLENN D. LATONA No.: 12-5521-CIVIL Defendant MOTION TO MAKE RULE ABSOLUTE RBS CITIZENS,N.A. F/K/A CITIZENS BANK, N.A. SB/M TO CCO MORTGAGE CORP.,by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on July 25, 2013. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on July 16, 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 July 29, 2013 directing the Defendant to show cause by August 19, 2013 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on August 7, 2013 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 793884 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of August 19, 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, LLP DATE: 2 -Z By: Joxgthan Lo b,Esq.,Id. No.312174 Attorney for Plaintiff 793884 Exhibit "A" 793884-��- PHE LAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan,LLP Representing Lenders in Pennsylvania July 16,2013 GLENN D. LATONA 4150 ROTH FARM VILLAGE CIRCLE MECHANICSBURG,PA 17050-3609 RE: RBS CITIZENS,N.A. F/K/A CITIZENS BANK,N.A. S/B/M TO CCO MORTGAGE CORP. v. GLENN D. LATONA Premises Address: 4150 ROTH FARM VILLAGE CIRCLE MECHANICSBURG,PA 17050 CUMBERLAND County CCP,No. 12-5521-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 7/22/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Ve my y - its, 0 a ian Etkowicz, Esq., Id.No.208786 A orney for Plaintiff Enclosure 793884 + � I c iName and Phelan Hallinan,LLP (�Qa N Address 1617 7FK Boulevard,Suite 1400 r ro Mender One Penn Center Plaza Philadelphia,PA 19103 KVM S! I N Line Article Number Name of Addressee,Street and Post Offlee Address Postage I **"" GLENN D.LATONA $0.46 o w 4150 ROTH FARM VILLAGE CIRCLE MECHANICSBURG PA 17050-3609 Na°o RE:GLENN D.LATONA CUMBERLAND PH#793884/1200 Page 1 of I 50.46 °O Tote)Number of Tahl N®bar ofPioocs Postmaster,per(Name of The full declaui-of value is req�ked mall domestic and inletnetional registered mail.The mi Piteea Listed by Sender Received rl Post Office Rrom-g Employee) for the raconsaumion of oonnegotfable documents under Erns Mail document resonshWion i piece subject to a limit of 5500,000 per ocwae The o—immm indemnity lwyeble on E»resl The—timum indemnity psyahk is 525,000 for registered mail,sent with olaimcd l=rsmoe.St 8900 5913 and S921 for limitations of covemae. i Form 3877 Facsimile �O- 793884 Exhibit "B" 793884 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. SB/M TO CCO MORTGAGE CORP. Plaintiff . Civil Division V. CUMBERLAND County GLENN D. LATONA No.: 12-5521-CIVIL Defendant RULE AND NOW,this day of JUI, 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 Plaintiff's Motion to Reassess Damages. If no response is filed with the Court,Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE tC7RT S: J. ,P C; 5 T ?�-I .r 793884 Exhibit "C" 793884-- _ Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JPK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 _ allison.zuckerman @phelanhallinan.com 215-563-7000 RBS CITIZENS,N.A. F/K/A CITIZENS BANK, Court of Common Pleas N.A. S/B/M TO CCO MORTGAGE CORP. Plaintiff Civil Division vs. CUMBERLAND County GLENN D. LATONA No.: 12-5521-CIVIL Defendant CERTIFICA'ITON OF SERVICE I hereby certify that a true and correct copy of the Court's July 29, 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 , rn , ;MM C '� GLENN D. LATONA ."'�r CIO n ;~ 4150 ROTH FARM VILLAGE CIRCLE MECHANICSBURG,PA 17050-3609 Pho D DATE: . son;F rrnan,.Esq., Id.No.309519 Attoiney for Plaintiff r. 793884 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.3121.74 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. SB/M TO CCO MORTGAGE CORP: Plaintiff Civil Division VS. CUMBERLAND County . GLENN D. LATONA No.: 12-5521-CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. GLENN D. LATONA 4150 ROTH FARM VILLAGE CIRCLE MECHANICSBURG, PA 17050-3609 Phelan Hallinan, LLP DATE: LZ By: J athan Lobb,Esq., Id.No.312174 Attorney for Plaintiff 793884 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 CCO MORTGAGE CORP. Plaintiff Civil Division VS. CUMBERLAND Cour cz) `7! rn to w M zrn C-- M-- GLENN D. LATONA r No.: 12-5521-CIVIL�� G--> t,r, cr,r r-0 , --�_. co CD Defendant �'c. ORDER AND NOW, this 'Z it ` day of A.jw`r , 2013, upon consideration of Plain iff 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 mine pro tunc as follows: Principal Balance $179,058.91 Interest Through September 4, 2013 $22,938.89 Legal fees $1,450.00 Cost of Suit and Title $836.22 Property Preservation $35.00 Escrow Deficit $3,349.27 TOTAL $207,668.29 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY E COURT: U, 793884 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F1Lf"D•f i"F I Ei Sheriff , n Jody S Smith Q,Ltitr of��tgt�br���idc� Di'- THIF. �'�t�0T}°��tj�+ !r:Ry Chief Deputy 20131NOY 22 Ali ' 47 Richard W Stewart CUMBERln&�l�IA COU?4 T Y F` Solicitor OFFICE OF HE SHERIFF ���N S {V L Y' I A RIBS Citizens, NA vs. Case Number Glenn D. Latona 2012-5521 SHERIFF'S RETURN OF SERVICE 04/03/2013 02:21 PM - Deputy Shawn Harrison, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 4150 Roth Farm Village Circle, Hampden Township, Mechanicsburg, PA 17050, Cumberland County. 04/03/2013 02:21 PM -Deputy Shawn Harrison, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Glenn D. Latona at 4150 Roth Farm Village Circle, Hampden Township, Mechanicsburg, PA 17050, Cumberland County. 05/23/2013 As directed by Joseph Schalk,Attorney for the Plaintiff, Sheriffs Sale Continued to 9/4/2013 09/05/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA on September 04, 2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Joseph Schalk, on behalf of Federal National Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $909.65 SO ANSWERS, November 20, 2013 RbNW R ANDERSON, SHERIFF y� o� pe/. a•as'-�d �'G. a 9�ss3 (c)CountySuite ShenH,Teleosoft:Inc. s On March 12, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA, Known and numbered as, 4150 Roth Farm Village Circle, Mechanicsburg, Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 12, 2013 By: Rea Estate Coordinator S I :b 3 CUMBERLAND LAW JOURNAL Writ No. 2012-5521 Civil RBS CITIZENS,N.A. vs. GLENN D.LATONA Atty.:Joseph P. Schalk By virtue of a Writ of Execution NO. 12-5521-CIVIL,RBS CITIZENS, N.A. f/k/a CITIZENS BANK, N.A. s/b/m TO CCO MORTGAGE CORP. vs. GLENN D. LATONA owner(s) of property situate in HAMPDEN TOWNSHIP, Cumberland County, Pennsylvania, being 4150 ROTH FARM VILLAGE CIRCLE, MECHAN- ICSBURG,PA 17050-3609. Parcel No. 10-15-1285-219. Improvements thereon:RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT:$188,558- .12. 45 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 12, April 19 and April 26, 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. �:� K .1 Li Marie Coyn/Editor SWORN TO AND SUBSCRIBED before me this 26 day of April, 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriot-News Co. • `2020 Technology Pkwy e a rlo ews Suite 300 Mechanicsburg,`PA 17050 Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s)shown below: --- --- 04116/13 2012-5521 Civil 04/23/13 RBS CITIZENS,NA vs. - 04/30113 GLENN D.LATONA Atty: Joseph P.Schalk By virtue of a Writ of Execution NO. 12-5521-CIVIL RBS CITIZENS, TO co MORTGAGE Sworn to and subscribed before me this 13 day of May, A.D. BANK,N.A.SB/MT000OMORTGAGE Y Y. CORP. VS. GLENN D.LATONA q1h A UJ owner(s)of property situate in HAMPDEN ary Public TOWNSHIP, Cumberland County, Pennsylvania,being (Municipality) 4150 ROTH FARM VILLAGE CIRCLE, MECHANICSBURG,PA 17050-3609 COMMONWEALTH OF PENNSYLVANIA Parcel No.10-15-1285-219 Notarial Seal (Acreage or street address) Holly Lynn Warfel,Notary Public Improvements thereon: RESIDENTIAL Washington Twp.,Dauphin County DWELLING My Commission Expires Dec.12,2016 JUDGMENT AMOUNT:$188,558.12 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES Fax Server 5/22/2013 12 : 22 : 25 PM PAGE . 1/001 Fax Server r i Phelan Hallinan, LLP One Pin Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215)563-7000 Fax: (215)563-7009 Representing Lenders in Foreclosure Manager Pennsylvania May 22, 2013 Office of the Sheriff Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Attn: Real Estate Department Fax Number: 717-240-6397 Re: RB S CITIZENS,N.A.F/K/A CITIZENS BAND N.A. S/B/M TO CCO MORTGAGE CORP. V. 4150 ROTH FARM VILLAGE CIRCLE MECHANICSBURG.PA 17050-3609 No.. VH2,1wC Dear Sir/Mada= e the Sheri Sale of the above referenced property, which is scheduled for June 3 2013 due to the following: Moratorium- Servicer(non-holiday). The Property is to be relisted fog,�theentember�42013en �Sale. Thank you for your cooperation in this matter. Very Truly Yours, PATRICK WIRT for Phelan Hallinan, LLP PHS#300122 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: 1, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Federal National Mortgage Association is the grantee the same having been sold to said grantee on the 4th day of September A.D., 2013, under and by virtue of a writ Execution issued on the 3rd day of January, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 5521, at the suit of RBS Citizens N.A. F/K/A Citizens Bank,N.A. S/B/M to CCO Mortgage Corgi against Glenn D. Latona is duly recorded as Instrument Number 201337491. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this .2 day of A.D. �201-7 Recorder of Deeds Recorder of Deeds,Cumberland County,Carlisle,PA My Commission Expires the Fust Monday of Jan.2014