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HomeMy WebLinkAbout12-5827Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire ID. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 ~, fl ~:~i-SFr ~~,~ :.f~ i~« t'f?T~~~~~A~~' Attorneys for Plai~~~f~~.~, , 9 P~ 2; S ~ ~`~~~'g~~~-AN~fl CBU~y~-Y ~~NA1SYtrVgNIA CITIBANK N.A. , PLAINTIFF, v. David R. Horn 609 Robert Street Mechanicsburg, PA 17055, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: ~ d• S B o17 ~ V t~ CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT -CIVIL ACTION NOTICE TO DEFEND 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 aze served, by enuring a written appeazance personally or by attorney and filing in writing with the court your def~~ses or objections to the claims set forth against you. You are, warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim of 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 PRd7VIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIlZE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU VV~ITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO EI,tGIBLE PERSONS AT A REDUCED FEE OR NO FEE. ''Q 1 ~~ re,~~ ,`l~ ~ I ~2~a~`~o3 Lawyer Referral Service Cumberland County Bar Association 2 Lib~tity Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 AVISO LE HAN DEMA demandas expues~ fecha de la deman con un abogado y demandas en cons medidas y puede la corte puede dec provisiones de es1 importantes para ~ pADO A LISTED EN LA CORTE. Si usted quiere defenderse de estas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la a y la notificacion. Hace falta asentar una comparencia escrita o en persona o ntregar a la corte en forma escrita sus defensas o sus objecciones a las ~ de su persona. Sea avisado que si usted no se defiende, la corte tomara ~ntinuar la demanda en contra suya sin previo aviso o notificacion. Ademas, to a favor del demandante y requiere que usted cumpla con todas las demanda. Usted puede perder dinero o sus edades u otros derechos LISTED DEBE L VAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION ACERCA DE COMO CONSEGUIR UN ABOGADO. SI LISTED NO P DE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFIC ALE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SER ICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CALIFICAN. ~! Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 and 800-990-9108 2 Richazd M. Squire, & Associates, LLC By: Richazd M} Squire, Esquire M. Troy F eedman, Esquire ID. Nos. 267 / 85165 One Jenkintown S tion, Suite 104 115 West Avenue' Jenkintown, PA 1 Telephone: 215-8 ~-8790 Fax: 215-886-879 CITIBANK N Attorneys for Plaintiff PLAINTIFF, v.' David R. Horn ', 609 Robert Stree~ Mechanicsburg, 1~ 17055, D~FENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: CIVIL ACTION MORTGAGE FORECLOSURE '~, COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, C~tibank, NA successor by merger with Citicorp Trust Bank, FSB by and through its undersized attorney brings this action in mortgage foreclosure upon the following cause of action: 1. Plaintiff, C~tibank, NA successor by merger with Citicorp Trust Bank, FSB, has a principal pl~~e of business at 1000 Technology Drive, O'Fallon, MO 63368-2240. 2. 3 Defendant, ~7avid R. Horn, is the real owner, mortgagor, and grantee in the last Deed of record to th~ heal property located at 609 Robert Street Mechanicsburg, PA 17055 and, if applicable, ~iparian rights appertaining thereto (hereinafter referred to as "Premises") . On August ~„ 2005, Defendant made, executed, and delivered a Mortgage to Citibank, NA success~r by merger with Citicorp Trust Bank, FSB (hereinafter referred to as 3 "Originatuj~g Lender") as security for Defendant's payment and other obligations in consideratijan of a mortgage loan made to Defendant by the Originating Lender. Said 4. 5. 6. 7. 8. Mortgage ~s recorded in the Office of the Recorder in and for Cumberland County, and was record~d on August 25, 2005 in Cumberland County in Mortgage Book 1920, Page 528, and is incorporated herein by reference by virtue of Pa. R.C.P. 1019(g). The aforesaid Mortgage has not been re-recorded. Plaintiff is ~he owner and holder of the aforesaid Mortgage. The addres~ of the Premises is 609 Robert Street, Mechanicsburg, PA 17055. The afores~d Mortgage is in default because the required monthly payments due under the terms o~'the aforesaid Mortgage have not been made from September 3, 2010 through the present (date. By the terms of the aforesaid Mortgage, upon breach and failure to cure said breach) after written notice thereof, all sums secured by said Mortgage shall be immediately due and owing. The terms ~f the aforesaid Mortgage further provide that, in the event of default, Defendant hall be liable for, inter alia, Plaintiffs costs, corporate advances, escrow advances, a{~d attorneys' fees. 4 9. The following amounts are due as of January 29, 2012: Principal $ 50,941.89 Accrued Interest through January 29, 2012 $ 1,805.38 Late Fees ' $ 169.78 BPO I $ 168.00 County Rewording Fee, Reconveyance Fee $ 62.50 Total $ 53,147.55 plus additio~n~al pre judgment and post judgment interest at the per diem rate of $3.14 or at the adjus~.ed amount if the interest rate is variable, additional late charges, additional corporate advances, additional escrow advances, and any/all other sums recoverable by Plaintiff under the terms of the aforesaid Mortgage. 10. Plaintiff is ~ot seeking a judgment on personal liability (or an in personam judgment) against Def~ndant in this action but reserves the right to bring a separate action to establish that right, if such right exists. If Defendant received a discharge of personal liability in ~ bankruptcy proceeding, this action is in no way an attempt to re-establish the personal lia~ility that was discharged in bankruptcy, but only to foreclosure the Mortgage and sell the Premises pursuant to Pennsylvania law. 11. Plaintiff ha~ demanded the total amount due from Defendant, but Defendant has failed and/or refined to pay the same. 12. Notice of I~tention to Foreclose pursuant to Act 6 and/or Act 91 was sent in accordance with Pennsylvania law more than 34 days ago. WHEREFORE, Plaintiff respectfully requests that judgment in rem be entered in its favor and against T~~fendant, David R. Horn for foreclosure and sale of the Premises in the amounts due as sett forth in Paragraph 9, namely 53,147.55, plus additional pre judgment and post judgment inte~~st at the per diem rate of $3.14 or at the adjusted amount if the interest rate S is variable, additional late charges, additional corporate advances, additional escrow advances, any/all other sums tecoverable by Plaintiff under the terms of the aforesaid Mortgage, and such other relief as this ~ourt deems just and proper. ', RICHARD M. SQUIRE & ASSOCIA' By: Richard N~[~.~rS~ire, Esq. (PA I.D.# 04267) _~I. Troy man, Esq. (PA I.D.# 85165) 115 West Avenue, Suite 104 Jenkintown, PA 19046 215-886-8790 215-886-8791 (fax) ' rsquire@sauirelaw.com ' tfreedman@ squirelaw.com ..~ 1,~ Attorneys for Plaintiff Date: UNLESS YOU N IFY US WITHIN THIRTY (3t1) DAYS AFTER RECEII'T OF THIS LETTER/NOTI LEADING THAT THE DEBT, OR ANY PART OF IT, IS DISPUTED, WE L ASSUME THAT THE DEBT IS VALID. IF YOU DO NOTIFY US OF A DIS , WE VYILL OBTAIN VERIFICATION OF THE DEBT AND MAIL IT TO YOU. U UPON YOUR REQUEST WITHIN THIRTY (30) DAYS, WE WILL PROVIDE YOU TH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR IF DIFFERENT OM THE CURRENT CREDITOR. THIS COMMUNICATION IS AN ATTEMPT T COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR AT PURPOSE. 6 Richard M. Squire 8d Associates, LLC By: Richard M. Squire, Esquire M. Troy Freidman, Esquire ID. Nos. 04767 / 85165 One Jenkintown Station, Suite 104 115 West Avenue '' Jenkintown, PA 19 Telephone: 215-886 8790 Fax: 215-886-8791 ~ CITIBANK N.A.I, v. David R. Horn 609 Robert Street Mechanicsburg,l~A 17055, D~FENDANT Attorneys for Plaintiff PLAINTIFF, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: CIVIL ACTION MORTGAGE FORECLOSURE VERIFI ATION CHER ~L HALEY, hereby states that she is employed as a DOCUMENT PROCESSOR of Citibank, NA s ccessor by merger with Citicorp Trust Bank, FSB, the Plaintiff in this matter and is authorized p make this Verification. The statements of fact contained in the foregoing Civil Action in M rtgage Foreclosure are true and correct to the best of my information and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswo .falsification to authorities. DATE: / • / ~ ~ / ~ File #: CMI-955F ~S3 Name: David R. I-~orn Name: C RYL R. HALE Title: DOCUMENT PROCESSOR Citibank, NA successor by merger with Citicorp Trust Bank, FSB 7 Exhibit A iR:1 KNCJIMN A~: ~OBE~ ST 8 FORM 1 CITIBANK N.A. David R. Horn Plaintift~s) vs. . Defendant(s) : IN 1'HE COURT OF COMMON PLEAS OFr-, ,.a CUMBERLAND COUNTY, PENNSYLVAl- ,,~, Civil Nt~"TICE Off'' RE-~II~ENTI~L 1VIt)RTGA-GE DPRSIt3N P1tOGRAM ~ ~ - a ~~ -< ~' ~ r- ~- ~ ~ ~` c-~ a :~ ~ ~~ N Ff3R-PCLO-~JItE You have been' serval with a foreciasuro complaint that could cause you to lose your home. If you own atu~ live in the residential property which is the subject of this foreclosure action, you may be abk W participate ' a court-supervised conciliation conference in an effort. to resotve this matter with your lender. s -~ =~-*~ -'~ r-- --+ -~ -~-; c~ ~~ r~~r ~,. if you da aot e a Mwyer, you mast tape the foiiowf~ his to be +~~ far a cau+c~liatlan coafm^eace. First, '' twenty {2U}days of your reocipt of this n~+ce, you must contact MidPenn Legal Services at (717} 243- extension 2510 or (800) 822-5288 extension 2510 and request appairnment of a legal repr~ntative at c1 charge to you. Once you have bean appointed s legal rcpra~rttative, you musE promptly meet with legal representative within twenty (20) days of the appointment date. During that meeting, you must pro ride the legal.. repr+e~ntetiva with all raluest+od frnaancial information sa that a loan resolution ~apasal be on your behalf. if you and your leigal representative complete a financial worksheet in the forma shed hereto, the legal ropresentarive will and fik a Request for Conciliation. Conference with the. C which must be filed with the Court within sixty (6!!} days of the service upon you of the fora:losuro cmnp rNt. If you do sa and a conciliation c~rrfbr~ce is scheduled, you will have an opportunity to meet a roptesentative of your lender in an attempt to work out reasonable arrangements with your leruler bef the mortgage foreclosure suit proceeds forward. If you are np by a lawyer, you ausl your hwryer mgt tralre the tops to be e~iWe for a. caatereace. It is not ne''Y far you to c~tact MidPcnn Legal Service far the appair-tmant of a iagal .However, you must provide your lawyer with all requested financial inf€xxnatioa so that. a resolution proposal can be ~ on your behalf. If you and your lawyer complete a financial worksheet i the format attached hereto, your lawyer will prepare and fik a Request for Conciliation Conference with the C urt, which mustbe filed with the Court within sixty (60) days ofthe service upon you of the foreclosure comp LFyou do so and a conciliation conference is scheduled, you will have an appartrrnity to meet a representative of your lender in an attempt to work out reasonable arrangements with your knddr bef ,the mortgage foroclosuro suit proceeds forward. IF YOU W>TO SAYE YOUR. HOME, YOU MUST ACT QUICKLY AN1d TAKE THE STEPS R>IQUiRED THIS NOTICE. THIS PROGRAM IS FREE. Date Respectfir 1 fitted: [Signature of Counsel for Plaintiff] FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland Coiaty Court of Common Pleas Docket # To complete yo request for hardship assistance, yow lender must consider yow circumstances t determine possible options while working with yow Please provide following information to the best of your knowledge: Borrower nom s): Property A City: Is the property ~or sale? Realtor Name: Borrower Occu tad? Mailing Addre' (if different) City: Phone Number: Email.: # of people in Email: # of people in First Mortgage Type of Loan: Loan Number: Second Mortg~ Type of Loan: Loan Number: Lender: How long? Lender: Total Mortgag~ '.,payments Amount: $ Included. Taxes & Insurance: Date of Last P ~-inent: State: Zip: Yes No Listing date: Price: $ Realtor Phone: Yes No State: Zip: Home• Office' Cell: ~~'" _ How long? Date You Closed Yew Loan: Is the loan in bankruptcy? Yes ^ No ^ ----------o - -- - City; State• Zip: Phone Number: Home: ~~: Cell: Other: if yes, provide names, location of court, case number 8c attorney: _A, Amount Owed: Vatue• Home: $ $ Other Real Estate: $ $ Retirement Funlds: $ $ Investments: ~ $ $ Checking: $ $ Savings: $ $ Other: $ $ ~~~ #1 Model; Year; Amount awed: ' _ Vatuc: Automobile #2 Model; - Year: Amount owed: ~ _ Value: lam' 'on (automobiles boats motorcyc lesZ Model: Year: Amount owed; Value Name of Employers: 1. 2. _- I Additional Inco~e Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay~ays: Co-Harrower Pay Days: M,Ci a1~L_z~~~(Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT M e Food M e Utilities ~' s Condo/Ne' .Fees Auto Insurance ! Med.. not covered Auto f~Ure 'rs Other ant . Install. Loan Pa Cabta TV Chitd S At ' ~ ~ Da /Child ujit. other Haas Amount Availabt~ for Monthly Mort~ge Payments Based on Income 8t Expenses: Have you been working with a Housing Counseling Agency? Yes ^ No Q If yes, please P~ Counseling Agi Counselor: _ Phone (Office}: the fallowing information: Fax: 2 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 know, regarding your lender or lender's loan servicing company: Lender's Contact (Name):. Phone: Servicing Company (Name}: Contact Phone: UWe, ,authorize the wave named to usetrefer this information to my lender/servicer far the sole purpose of evaluating my financial situation for possible mortgage options. UWe understand that Uwe amlare under no obligation to use the services provided by the above named Borrower Signature Co-Borrower Signature Date Date Please forward this doeament along with the following information to lender aind knder's counsel: Proof of income ~_Yt Past 2 bank statements -V Proof of any expeeted income for the last 43 days -~ Copy of a current utility bill ~Y Letter explaining reasoa for delinquency xad any anpporting documentation (hardship letter) Listing agreement {if property is currently on the market) 3 FORM 3 IN THE COURT OF COMMON PLEAS OF CITIBANK N.A. :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs, David R . Horn Defendant(s) CIVIL REQUEST FOR CONCILIATION CONFERENCE Pursuant'to the Administrative Order dated , 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which. is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Iefendant has been served with a "Nvticc of liosidential Mortgage Foreclosure IDiversion Program" and has taken all of the steps required in that Notice to be eligible to participate in acourt-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. l understand that false statements are made subject to the penalties of 18 Pa. C.S. §404 relating. to unsworn falsification to authorities. Signature of Dt#fendant's CounseUAppointed Date Legal Representative Signature of Defendant Signature of Defendant Date Date FORM 4 CITIBANK N.A. Plaintiffs) vs. David R. Horn Defendant(s) IN THE COURT OF COMMON PLEAS OF' CUMBERLAND COUN'TV, PENNSYLVANFIA CIVIL ACTION NO. CASE MANAGEMENT ORDER AND NOW, this day of 20 ,the defendant/bbrrowcr in the above-capdoned'residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendantfborrower has complied with the Administrative Rule'requirements for the scheduling. of a Conciliation Conference, it is'hcreby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in acourt-supervised conciliation Conference on at .M. in at the Cumberland County Courthouse, Carlisle, Pennsy~tvania. 2. At least tw-erty-one (21) days prior to the date of the Conciliation Conference, the defendantVborrower must serve upon the plaintiff/lcndcr and its counscl a copy of the "Cumberland County Residential. Mortgage Foreclosure Diversion Program. financial Worksheet" (Form 2) which has been completed by the defendant/borrower. 'Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conferenae ordered may be rescheduled to a later date and/or the date upoa vWhich service of'the completed Farm 2 is to be made may be extended. Upon notice to the Court of the defendant/borrawer's failure to serve the completed Farm Z within the time fraume set forth herein or such other date as agreed upon by the parties in writing ar arde~d by the Court„ the case shall be removed from the Conciliation Conference schedule...and the temporary stay of proceedings shall be terminated.. 3. The defbndantibarrower and counsel for the parties must attend the Cancil~atian Conference in person and an authorized representative of the plaintiff/lend$rrnust either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintifFdlender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel far the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Cobference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/tender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference, the porkies and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; propasirtg a farl~arance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the tender a deed in lieu of foreclosure; entering info a loan modification or a reverse mortgage; paying the mortgage default aver sixlty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled cancilia#ion conference. BY THE COURT, J. Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire Craig Oppenheimer, Esquire I.D. Nos. 04267 / 85165 / 313264 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax: 215-886-8791 Attorneys for Plaintiff F,, f.. _~~ _, - ~_, ~ i a t' " t~ _ _. .~ ~: :._-, ~:' -; ,- - ~ ~ ~:, - ~ ~-- CITIBANK N.A., v. PLAINTIFF, David R. Horn 609 Robert Street Mechanicsburg, PA 17055, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET N0: CIVIL ACTION 12-5827 Civil MORTGAGE FORECLOSURE MOTION FOR LEAVE TO AMEND COMPLAINT AND JOIN ADDITIONAL DEFENDANT Plaintiff, Citibank, N.A., by and through its attorneys, hereby moves for leave to file an Amended Complaint and join additional Defendants in the above matter; and, in support thereof, avers as follows: 1. Pa. R.C.P. 1033 provides as follows: A party, either by filed consent of the adverse party or by leave of court, may at any time change the form of action, correct the name of a party or amend his pleading. The amended pleading may aver transactions or occurrences which have happened before or after the filing of the original pleading, even though they give rise to a new cause of action or defense. An amendment may be made to conform the pleading to the evidence offered or admitted. (Emphasis added). 2. Leave to amend pleadings is liberally granted by the Courts of Common Pleas. MacGregor v. Mediq Inc., 395 Pa. Super. 221, 227, 576 A.2d 1123, 1126 (1990); Biglan v. Biglan, 330 Pa. Super. 512, 519-20, 479 A.2d 1021, 1025 (1984). 3. Although leave to amend a party's pleadings is discretionary, the Courts of Common Pleas should grant such leave at any stage of the proceedings unless such amendment violates the law or unfairly prejudices the rights of the opposing party. Id., 395 Pa. Super. at 227, 576 A.2d at 1126. (Emphasis added). 4. A violation of the law occurs when an amendment to a party's pleading introduces a new cause of action after the applicable statute of limitations has expired. See Frey v. Penn. Electric Co., 414 Pa. Super. 535, 538, 607 A.2d 796, 797 (1992). Prejudice results when an amendment compromises the opposing party's ability to present its case. See City of Phila. v. Spencer, 139 Pa. Commw. 574, 591 A.2d 5 (1991). However, a decreased probability of success does not constitute prejudice to the rights of an opposing party. Id. Mere detriment to the party opposing the amendment does not constitute prejudice to the rights of an opposing party. See Roberson v. Davis, 397 Pa. Super. 292, 580 A.2d 39 (1990). 5. This action was commenced by Plaintiff on September 19, 2012, by the filing of a Complaint in Mortgage Foreclosure against Defendant, David R. Horn, last surviving owner of record of the subject real property located at 609 Robert Street, Mechanicsburg, PA 17055 (hereinafter referred to as "mortgaged premises"). 6. Title to the mortgaged premises was vested to Defendant David R. Horn and his wife, Janet C. Horn. A true and correct copy of the last recorded Deed of Record to the mortgaged premises is attached hereto as Exhibit "A" and made a part hereof. It has subsequently been discovered that both record title owners are deceased. 7. Janet C. Horn died on October 4, 2006. A true and correct copy of the Department of Vital Records Death Certificate for Janet C. Horn is attached hereto as Exhibit "B" and made a part hereof. 8. As title to the mortgaged premises was vested to the Defendant and Janet C. Horn as tenants by the entireties, title became vested solely to David R. Horn as surviving tenant of the entirety by operation of law. Upon the death of David R. Horn, whom died on February 5, 2011, title to the mortgaged premises passed to the decedent's Estate. A true and correct copy of the Department of Vital Records Death Certificate for David R. Horn a/k/a David Reuben Horn (hereinafter referred to as "decedent") is attached hereto as Exhibit "C" and made a part hereof. 9. A search of the Cumberland County Register of Wills' records indicates that a probate proceeding has been instituted for the decedent by an heir, Kelly F. Stanley, as Estate File Number 2011-0483. The Estate file indicates that Kelly F. Stanley has been appointed as the Executrix of the decedent's Estate. In addition, the Estate File indicates one additional heir to the Estate of the decedent: Carol A. Horn. A true and correct copy of the Estate File obtained from Cumberland County is attached hereto as Exhibit "D" and made a part hereof. 10. By way of this Motion, Plaintiff seeks to amend the caption to change the name of Defendant, David R. Horn, to "Estate of David R. Horn a/k/a David Reuben Horn, deceased, and all known and unknown individuals, heirs, successors, assigns, business entities, non-profit entities, and/or charitable entities having and/or claiming any right, title, and/or interest therein, therefrom, and/or thereunder." 11. Plaintiff further seeks to add the decedent's heirs to this proceeding: Kelly F. Stanley, solely as an Heir and Executrix to the decedent's Estate and Carol A. Horn, solely as Heir. 12. R.C.P. 1144(a) requires a plaintiff in a mortgage foreclosure proceeding to name as defendants: (1) the mortgagor; (2) the personal representative, heir or devisee of a deceased mortgagor, if known; and (3) the real owner of the property, or if the real owner is unknown, the grantee in the last recorded deed. (Emphasis added). 13. Pursuant to Pa. R.C.P. 2253(b), joinder of an additional party in this proceeding must be effectuated by motion insofar as more than sixty (60) days has elapsed since service of Plaintiff's Complaint. 14. In sum, Plaintiff seeks to amend its Complaint in this matter to change the name of the original Defendant, David R. Horn, and to join as additional Defendants, Kelly F. Stanley, because she is an heir and executrix to the decedent's estate and Carol A. Horn, because she is an heir to the decedent's estate; and to amend the caption accordingly. 15. An amendment of the Complaint at this point will not prejudice any party, as such amendment raises no new or additional claims, but simply amends the Complaint and caption; and joins appropriate additional Defendants, so as to ensure that the Complaint is accurate in its entirety. 16. Pursuant to Cumberland County Local Rule 208.3(a)(9), Plaintiff sent a request for concurrence with copies of the herein Motion to Amend Complaint and Join Additional Defendants to Defendant on October 18, 2012 via regular mail. True and correct copies of the cover letter and proofs of the aforesaid mailing are collectively attached hereto as Exhibit "E" and made a part hereof. Defendants have not responded to Plaintiff's request for concurrence. 17. This matter has not been previously assigned to a Judge for disposition. WHEREFORE, Plaintiff respectfully requests that this Court grant it leave to file an Amended Complaint in this matter, so as to amend the Complaint and caption; and, pursuant to Pa. R.C.P. 1144(a), order that the following individuals be joined as additional Defendants to this proceeding: Kelly F. Stanley, solely as Heir and Executrix to the Estate of David R. Horn, deceased, and Carol A. Horn, solely as Heir to the Estate of David R. Horn, deceased. Respectfully submitted, RICHARD M. SQUIRE & ASSOCIATES, LLC By: M. Tr reedman, Esquire rney for Plaintiff Dated: November ~ 2012 Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire I.D. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax:215-886-8791 Attorneys for Plaintiff CITIBANK N.A., IN THE COURT OF COMMON PLEAS PLAINTIFF, CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET N0: 12-5827 Civil David R. Horn CIVIL ACTION 609 Robert Street Mechanicsburg, PA 17055, MORTGAGE FORECLOSURE DEFENDANT MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR LEAVE TO AMEND COMPLAINT AND JOIN ADDITIONAL DEFENDANT Pa. R.C.P. 1033 provides as follows: A party, either by filed consent of the adverse party or by leave of court, may at any time change the form of action, correct the name of a party or amend his pleading. The amended pleading may aver transactions or occurrences which have happened before or after the filing of the original pleading, even though they give rise to a new cause of action or defense. An amendment may be made to conform the pleading to the evidence offered or admitted. (Emphasis added). Leave to amend pleadings is liberally granted by the Courts of Common Pleas. MacGregor v. Mediq Inc., 395 Pa. Super. 221, 227, 576 A.2d 1123, 1126 (1990); Biglan v. Biglan, 330 Pa. Super. 512, 519-20, 479 A.2d 1021, 1025 (1984). Although leave to amend a party's pleadings is discretionary, the Courts of Common Pleas should grant such leave at any stage of the proceedings unless such amendment violates the law or unfairly prejudices the rights of the opposing party. Id., 395 Pa. Super. at 227, 576 A.2d at 1126. (Emphasis added). A violation of the law occurs when an amendment to a party's pleading introduces a new cause of action after the applicable statute of limitations has expired. See Frey v. Penn. Electric Co., 414 Pa. Super. 535, 538, 607 A.2d 796, 797 (1992). Prejudice results when an amendment compromises the opposing party's ability to present its case. See City of Phila. v. Spencer, 139 Pa. Commw. 574, 591 A.2d 5 (1991). However, a decreased probability of success does not constitute prejudice to the rights of an opposing party. Id. Mere detriment to the party opposing the amendment does not constitute prejudice to the rights of an opposing party. See Roberson v. Davis, 397 Pa. Super. 292, 580 A.2d 39 (1990). This action was commenced by Plaintiff on September 19, 2012, by the filing of a Complaint in Mortgage Foreclosure against Defendant, David R. Horn, last owner of record of the subject real property located at 609 Robert Street, Mechanicsburg, PA 17055. Title to the mortgaged premises was vested to Defendant David R. Horn and his wife, Janet C. Horn. See Ex. "A." It has subsequently been discovered that both record title owners are deceased. See generally, Exs. "B" and "C." Janet C. Horn died first on October 4, 2006. See Ex. "B."As title to the mortgaged premises was vested to the Defendant and Janet C. Horn as tenants by the entireties, title became vested solely to David R. Horn as surviving tenant of the entirety by operation of law. Upon the death of David R. Horn (hereinafter referred to as "decedent"), whom died on February 5, 2011, title to the mortgaged premises passed to the decedent's Estate. See Ex. "C." A search of the Cumberland County Register of Wills' records indicates that a probate proceeding has been instituted for the decedent by an heir, Kelly F. Stanley, as Estate File Number 2011-0483. The Estate file indicates that Kelly F. Stanley has been appointed as the Executrix of the decedent's Estate. In addition, the Estate File indicates one additional heir to the Estate of the decedent: Carol A. Horn. See generally, Ex."D." By way of this Motion, Plaintiff seeks to amend the caption to change the name of Defendant, David R. Horn to "Estate of David R. Horn, deceased, and all known and unknown individuals, heirs, successors, assigns, business entities, non-profit entities, and/or charitable entities having and/or claiming any right, title, and/or interest therein, therefrom, and/or thereunder." Plaintiff further seeks to add the decedent's heirs to this proceeding: Kelly F. Stanley, solely as an Heir and Executrix to the decedent's Estate and Carol A. Horn, solely as Heir. R.C.P. 1144(a) requires a plaintiff in a mortgage foreclosure proceeding to name as defendants: (4) the mortgagor; (S) the personal representative, heir or devisee of a deceased mortgagor, if known; and (6) the real owner of the property, or if the real owner is unknown, the grantee in the last recorded deed. (Emphasis added). Pursuant to Pa. R.C.P. 2253(b), joinder of an additional party in this proceeding must be effectuated by motion insofar as more than sixty (60) days has elapsed since service of Plaintiffs Complaint. In sum, Plaintiff seeks to amend its Complaint in this matter to change the name of the original Defendant, David R. Horn, and to join as additional Defendants, Kelly F. Stanley, because she is an heir and executrix to the decedent's estate and Carol A. Horn, because she is an heir to the decedent's estate; and to amend the caption accordingly. An amendment of the Complaint at this point will not prejudice any party, as such amendment raises no new or additional claims, but simply amends the Complaint and caption; and joins an appropriate additional Defendant, so as to ensure that the Complaint is accurate in its entirety. For all of the foregoing reasons, Plaintiff respectfully requests that this Court grant it leave to file an Amended Complaint in this matter, so as to amend the Complaint and caption; and, pursuant to Pa. R.C.P. 1144(a), order that the following individuals be joined as additional Defendants to this proceeding: Kelly F. Stanley, solely as Heir and Executrix to the Estate of David R. Horn, deceased, and Carol A. Horn, solely as Heir. Respectfully Submitted, RICHARD M. SQUIRE & ASSOCIATES, LLC ~-. By: roy Freedman, Esquire Attorney for Plaintiff November ~, 2012 Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire I.D. Nos. 04267 / 85 165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax:215-886-8791 Attorneys for Plaintiff CITIBANK N.A., IN THE COURT OF COMMON PLEAS PLAINTIFF, CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET N0: 12-5827 Civil David R. Horn CIVIL ACTION 609 Robert Street Mechanicsburg, PA 17055, MORTGAGE FORECLOSURE DEFENDANT CERTIFICATE OF SERVICE I, M. Troy Freedman, Esquire, hereby certify that, on this date, I served or caused to be served a true and correct copy of the foregoing Plaintiffs Motion for Leave to Amend Complaint and Join Additional Defendant, Verification, Memorandum of Law, Notice of Presentation, and proposed form of Order upon the following persons via regular mail postage prepaid: Est. of David R. Horn a/k/a David Reuben Horn c/o Kelly F. Stanley 7000 Wertzville Road, Mechanicsburg, PA 17050 Kelly F. Stanley 7000 Wertzville Road, Mechanicsburg, PA 17050 Carol A. Horn 8 Texaco Road, Mechanicsburg, Dated: November / , 2012 PA 17055 RICHARD M. S DIRE & ASSOCI LC M. T Freedman, Esquire fforney for Plaintiff Richard M. Squire & Associates, LLC By: Richard M. Squire, Esquire M. Troy Freedman, Esquire I.D. Nos. 04267 / 85165 One Jenkintown Station, Suite 104 115 West Avenue Jenkintown, PA 19046 Telephone: 215-886-8790 Fax:215-886-8791 CITIBANK N.A., v. PLAINTIFF, David R. Horn 609 Robert Street Mechanicsburg, PA 17055, DEFENDANT Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 12-5827 Civil CIVIL ACTION MORTGAGE FORECLOSURE VERIFICATION I, M. Troy Freedman, Esquire, hereby state that I am the attorney for the Plaintiff, a corporation unless designated otherwise; that I am authorized to make this Verification; that because I have person knowledge of the facts averred in the foregoing Motion; and that the statements made in the foregoing Motion are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the Penalties of Pa.C.S. Section 4904 relating to unsworn falsification to authorities. . Troy Freedman, Esquire Attorney for Plaintiff Dated: November ~ 2012 EXHIBIT "A" ~~ I ~ B00%~~0 PAGE ~2s ' P-0~I-CT-Mvnn,s ~-.d-SAen Penn-Ae. tf09--Amn~ M PMrR.renL.u Meer, Hell. W., tedl, n,. P,. ' { ~fji~ ~eeb, ! bfAUL' THE .8th ,day of June in the year o) o,rr Lord owe thovAand xixe huxdred s iXty-two, BETWEEN ?YILHUR H. FOUGHT and ELIZABETH 1d, FOUGHT, his wife, of the Borovgh of Mechanicsburg, County of Cumberland and State { of Pennsylvania. r I Grrtxlnrs . nnrl DAVID R. HC92N and JAPIET C. HCRN,. his wife; of the { same place, I Grxxter• s: ~ iC/TNF.:SSIiTH, flrol in rtneairlerrdion o/ the sum of Thirty-two Hundred Seventy- , five and 00/I00 ($327$.00) Dnllara, ~ 1 ~ ix hnxd paid, the rerript xthrrrn/ is herrthrt arkxetr•Irdq,•r/, /hr +vrri.l prnxt.,,~ rln herrbH praxt and r•r„irey to thn ar,iri pnlx/ers , ALL that certain plot of ground s! Coate in the Borough of lSeehanicsburg, County of Cumberland and State of i 4 ~ Pennsylvania, bounded and described as follows, to wit: l3EG II1i'IitG at a point on the northern line of Robert Street, said point being located and referenced north 63 degrees $8 minutes i west a distance of two hundred seventy (270) feet from the north- :' west corner of tiarble Street and' Robert Street; thence along the ! j northern 1Sne of Robert Street, north 63 degrees $A minutes west, ~ i a distance of eighty-seven (A7) feet to a point; thence through 1 Lot i;o, 72, north 2G degrees 02 minutes east, a distance of one ~ ~ , hundred ten (110) feet to a point; thence south 63 degrees $N ~ i i ~ minutes east, a distance of eighty-seven (87) feet to a point; { t 4 thence snpth 26 der3rees 02 mtnutes west, a distance of one hundred ~ ~ ; ~ ten (110) feet to a point, the place of 9EGI(`It(INGe ~ i Fieing aii of Lat P:o. 73 and the eastern twenty-tvro (22) feet i of Lot :•:o, 72 In the plan of lots of ?'ltlbur H. Fought and E112abeth I i;. Fought, his wife, in 3lackburn Village, made i`ay 4, 19$7 by ~ Plitlian i1, "lhittock, Registered Professional Engineer, and recorded ~ ~ in the Reeorder~s Office !n and for Cumberland County !n Pian fiook i i 30, Pane 30. EEI',fG part o: the same tract of land which John H. Coover, ! et al„ by dr_cri dated April 3, 1911A, and recorded in the Recorders '. ~ifIcc aforc~aid In Dced Hook "T", Volvme 13, Pape 3fi1, granted and j j conveyed unto "!ilbur H. Fought and Elizabeth h4, Fought, his wife, ! i j ~ the c'rrantors herein. ; ScOaal Dist. C41~r0. Co. Pa, a ~ • 1'!• 11~I Gtit1 Tll,tler f„ `l 1 7'r ~~,4 `(f ~~'f' •. r`+~~+J ~Y"~~., ~'.~~. - i • I r ~, L • -----------------J ,. _. ~• AND the mid pmutor s , do hereby mncrnant that they will WABRA\T GENERALLY fhe property hereby eoni•tyed. i I i I ~ j I IN tVlTNESS WHEREOF, said grantors hnve herrnttto xct Lheir ha>,•ls rtnd xrnls tkc day a>,d year Frkt abore ruritten. sllpnea. fYnlle}} Aar BrltoereD~ ' S i ~ ./•. , fb f~~~lreernct of ~ _ . ~}_.JRr.°~t~.~M nlfd I ~ .............._._... I ~„, -, ~ I __..__............___...._..__.........._.._..._ .....................r. - I NEC0110®4ifICE W fML ~ i III ~a[WRjDji7l~pt pttpy i i. "'~~/~l~L i I a fruwar, tro courrn ' PtM+srevAHM ~ ~ i i i it ! ; ~' i State o/ Pennsylvania Cottntyo/ Cumberland as I i ~ Oa tku, the 8th day of June , 19 62, be/ore me, I i i I ~ theunderaipnrdogicer,pcrsonaltyapptared ?'lllbur H. Fought and Elizabeth M. ; ~ Fought, Itis wife, I I i ~~ knorcx to me (or aatuJactority proven) to be the persons whaar, names ere atrbacribed to the with- I in inatrumebt, and acknowledged tAat they ezrerded artmc Jor tko parpoaes therein crrntained. ~ j ! • "'•^~•.. IN WITNESS WHEREOF, I herexxlo set my hatut and aj/icirtl xcal. ~~. D Y/ ' Cr~Jen F~h~f) ..... .. ... ...................... eaAr. ~ ' u .~ p s ~°' NOTARY PUBLIC . ; ~ ier ..' ~ ,~ : U ~ ~ er CaMntistror[iClrn~FcMcn•1k~1K3' .............................._.........._ e', ~ v ` : NocblriRfwri /a. ~ Caa~a~ Title OJ O(f+eeY. ~ ' I ~~! tisr.t ~C~e; i 1 `~pY,r~•''~ f i i ~f ~I 1 do hereby certify that the preeLe reaidrnec of Eke reithin naMCd praateeSis j 108 5. Norway Street, )lfechanicsbvrg, Penna. `, tmt ; ~ ~ // ... ..~ ...... ...r/ .............----- ! j. Attorney/or ...1Ct.C.~ntees_..._......... Boacd,~0 PACE 127 ~ I i ~ EXHIBIT "B" H105.965 REV.;BLit} ~ .. This is to certify that "this is a true cagy. of the record which is on file in the Pennsylvania 'Department of Health, in accordance .with the Vital Statistitx Law of 2953, as amended - W WARNING: it is iiiegai to duplicate this copy 5y°phatastat or p(totograph. Marina. o'xeilly Matchegr State Registrar . 658135 JA~2 ~ ~~i2 - No: Date "~~~'•os cor~oHwen~r-~o~ ~teis~rv~t~aA • cEr~ro~ aeu.Tn * ~irrn~ r~catos, ,~~ . _ ~ .09452 ' CERTIF~ATE OF DEATH e4M%N( - STATE Fl!ElItMiBER ~~ ~L~. y 1 '. LiiatddWBl~tdd~k4i~! ~ 29d 16oWd31adTNU~er I:Or~dQNkU1.1r1 `~ Janet C. Horn l~asle .207. - 22 -1662 Octobex'4~ 2006 - `~llat - 3 ~lid[t OWd~A 1. :dtiora !~lbdDrll AM~lt ; 9,w Mra 8oy0! ~ - Clr. - . G~ Aail lc.trrtfiw,TtipdMh 11 fa~71TNfapdat~rMESyiY~YMedWy #fWr0emdlopTtrni~Q+SM,~tb! Y 8~ WctAAAk~nYfd,Brd.TTLyRRet (+~>mhtart anr~ l~ehani.cshuc~g ~ - 609 ' Robert . -Sl~reet .~~d~.~ itawe,r, d.at goad rr. ,aeaaoe~nih.rr Ao~adrA6dipgnpraTraw>~hklpYae~oYYp a, wrSOUCwd.cwe.id.~a iis~aasw•pr++'.~.~..~q paddYta~ reY~+..didrrj u$,wTawf! iar~aewa~ 4!rleiHa3rj +~++4~+E~1! Eair a3eautic3.an ' : ^~ ~ " Married Aavid R. Horn tcae~rnrAq ,,L.. a~rai~,.d..w~sr~ma4 6V, ~RobertStreet oar, c(ao~ed ~" mspr -„~'ennsYlyania .. t6rr:.: ~[l~Ta.oceAaduedb T„~ A~}aanicsbttzg, PA 17x55 ~m~ ~latxl ram +at~ ~ '"~` ~9 eTrrBca nria~~wlaar.rs,~a - +~ wrtirr..fw,•+ak•ra~~•} - 13: Ck~n Sarah F. ~. raers>ws ~~r~o a-. _ ~~ artte~asA+rimae David R. Hann 609' Rt~be=t Street ' ~c~burg, PA 17055 ©~!.QGmio~ 21l,DOdtlpeimi~.d~Y.lyd ~ pil []I~oallpe~tMe ~r a 2k Aold~yei~l4~edw~Mal!.c!~rla~rphej Y141adan~tbn~la.x~wY1 C~14sQ i~r y M w..r~:~ ,~,are.wwra~.r rrpa~ Oct~9 '706 Mechani. C~texy ~lechanesbtu'9r `PA '" ' a~+c~a><M 1d, tt+soNreor 7k N~adAOegtdFid~r $ ~ p~ ~ > FD - 014889 Malpezzi Fyneral &aie ~csburg, PA 17055 ad ~ aeae+:~rk . m~~ dark zl t>~eM.obe aiG a~ te~M< iir..de.e ar.r~ ograadA~ SZ.. ~ ~ ~~'E7~ iP l +^ "~ LJ !s#~iwlMa+ybMkR~ at. T1eed~oA 7S DOeAammd pro .!r<I 76 ~A4sCssAdwO EYairrrltmoerb3Am ~n aO~CO? d pmou~csdp~ ~ p ~ ~.il ~ ~ _ ^ Wi Bo .° CAUSEdFDFATHIiuimdt~ir} ;typriMleid9ii! Palt$IrM+t ?a.LtfdIalrmUk bA~n? iwD.A~ITt•6rciY~j,#~,4rrµi~iw.aaoaplaiiw•t8rataewdehraMOONpJ+~hrbaMalweekw~sadwmR ,Ordtoona htrof~bt~nlii(i~carpKw hPm! [Q Yes[}, _ a~'aeEa~Iai~t4llifartiiBUtala~YyMwbg~liRnAarasmrd~i ~ (}yi Q ~TEGAE~y Jwara . 1 T w M c ofdta~plXgkded~l --> ~ • ~ ~~fL .' a, } . ~ ~~ ~y y~~. bi4A~C~lq i.~^~T'~aWT~ - '. [~ Pmp.ddarddwG b~ ~ 4 Mb~R~40MM~1P4 - . i@tPsAieLEdiMeg7dtEMt2 ~ M. -. C ~ ., .. i ddeM wwi ~ ~ edali6 6M T bQorsaeawonmeq []Itlpepry,hipq~rlpda(.sbl~ _ ' d _ R. ~ ddb -.. . ' tMmw~Tp~edNiehpd)er 391;16tahgr( Sa, N1piAWM/~P i SG Wonoid0~ 3a. OredMj~p~dB:I~} 3A Gefcib!}(wl~aooaed: STc Fp~ad spry. SIKF ' Ptendt A~IMIeRYrlQaprd r~ dt5mcdomt? ,,,,/ ~de p'JWbd Q .. , . ~~~rj _ r~ ~qp- - ^~ r p ~ t~7 ~ L~9 Std. Tisdhpl Jdt t~rjM Y A A7. SX 1fTwrpp~~i~l' - ~ ~37dF la7imdY~.ryiSbtl.d7'lbw~t#~ ^ 9dclt [~ CaEONdDeG~Mnpigd ~ . y ~ ~ CI Yas 1J Nn n~(~ 0~- .. SSt Cs~tl~wP~l GiISj1iA~Mi~a~Ypartdd~nde4led»r(7yjidnleppaMp~t4Mwlmep!ldlp2A - Si 9yiiwlodifdGfer , TalMbddwri~iMr,Sbammdtwlrera~a~ldnrr;dl~Q„~___~__ ~„____. _~_ 7~~d~$M~boMpg4eMladm~ in bamrdd~/¢ . p } TslMtrtduSbkri~-,/niibOCamditlMM~.d~krdpkAaddr6iht~}rdme®tl~lF~,_~ ~ ~' 73dQWStpe~t~Npl4dq.Yn} __~,,.,,___«,___ . Miid6irlwltwaa _ ~ ~Q ~ ^~ ,.~' . ' fisOtllWlir+eY~lwadterir~l4 henPtpLl~g dcCxp~dY~rOm~ Ya adArbffiva ABM ~p}ad ~d ~ it , . , , , p ~s , pp~twdd~j,„ - SE [tree~tl+id d r Kd C ardla~lA{11 ~ nil7l~tipe(Rd 3i ffippwa~OBiaipMaMr - hltFMdplnli,d~,T~ ` t ~ , y~f ~ 1~(~I,' `~~f~ ~~ ~I# 101.(1 I~! - he.v~ to ~cao~, ~~-1"m~~ U ~} lase ~auftcaons ana exa~r-p~ea on reverse; EXHIBIT "C" EXHIBIT "D" IN THE cOIJItT OF COMMON PLBA3 OF C'IJMBI~RL.ANI} COUNTY, PENNSYLVANIA REGISTB.R C~~' WILLS I'ETxT'It?rt F08 PROBATE ANO ORANi' O1~' 1LTTT$RS Rattrta of _latsvi.d R, Norn .~_ lxeearat L8'>i'ATE NQ:,~~~ 8~a:_~vf_d Rnbs Hern~~~~~ aikJa; alkla: SS NO:,~,,,zOl-if~•.si~b4 ,~ Petjtiorta{e} who ie/are 18 yrs Of aQa err elder, Itpply(It~) tDr; COMPLE'C,S ~CTi4N'A' or'B' ACID WC» f~a s~3cabb: JaOA, f'roMtei aad Grant ot)Louaefs Tesptrnantete7 or pAdminiatration ct,a., or d.b.n.o,t.a. {cbrnjplrte Part C also) and aver that,Patitlona{s) !shoe eutltleA to the eforcmannonad 1.ettars , ~t~tpttt ~r under the last Wiil of the above.namad Decedatrt, dated _,3ulq 12 ~, 2006 ,,,,_ and codleil(s) dated ,,. n ® ~,__r,,, (Stile nlevaat dntumataraa, e.8. ren+u~aiadan, dtadt atexetvaor, et¢J Except n foUatay, Deeedar-c did noc merry, ~ not divanoed, aad did not have a eMid torn or adopted aRtr eacoautlon ofthe insavrniats o!lEncd ~r probfNe; was notths vtaUtn of a ktiiing, was never at~nd{oetid an ineapaetteted person, aad w+ta aat n parry t• a peadlt~ dtvatee protieedta~ at fire time ntdeath whaxiin graunsb for divnree had laeeD estaMtsitsd as detlaed io a~ tea. ca.~. ~ ~~ti~:~ n e ~ ~ .. Cl~, Gs'antof Carters oiA+iralafaerWop (tf appNctWey e~ d.s.a., peadeat sntt~t i~, iennta attnlrttet~ C. Aet#dona(a}, attar a props aearah, haaAtava asoernined titer Deaedettt teR rto lulu end weer ~srvivEd by the tbtiowing spottie {if any) aad !tetra {If Adrnintstration c,t.a oe n.b.n.at.a.. enter date of Wlt1 jn Secdan A and oarnpt~a Litt of heirs); vvay not the victim of a icilliag; was fssvir asf~tttNeaoed sn tncapacttaaad person; aad wsa sat a parer to a pending dhrorce preaedit,g wttrrcin grouada Por divaroattse been aahbilabcd as prodded is !,3 Ps. C.S.A. ~ 33~3{g), except as 1bltpWe;,,,_,~ TowraAip. ~~Mh, o~ ",~ s~ ,r1 ~~ thcedctu, then _ A4 years of agt, died .F.g~,~rg..~,...Ot i ai,.,~`~~' It~.,~,~~IYlYAl31t1.~ tt+Aon~, Day. Year of daalh) (Gilt' end gam whale dseth attua+ed) dardmate8 valtta of deoadent'a proparey it datth; Itdoanieitod in PA Ail peraenil propetQ~ S . ~ AAA nA ,,,iFaot damieliid in PA Fatsonet property in PaateytvcnGt S If sat damioitad in PA Poreonal property in Co~mty S' ""-'"'"" _1+alw of Rat Fsatetc in Pennayivan{a S w Toad Rcdma~d Vslua S ~~ Lacatian atAaal l*statc in Pcnnsylvani~ {prgvide LUii if poseiblo,} b04 Raboz~t .BLreet, ldechAaiCeburg + :Signswta(~ hiaee{s)!k Mtti~ adafteetes) 000 etrt:avi a Raed, Mechanicsburg, pA 7 imanm rvcm ,cw-va romw a,.co, iu uy wanvoneia ~murry paaoan sown ay u,a voun Page 1 of 2 7'73tS $t±~GT~VI'f M1n3T ~b ~:i7MPLat4'ra1~i E ., De weer dorttiiciled at death ~l Crtatbexiend County. Fen sytvmis, with hislhar twat 19aaml~ pal r At~ Ilert:t:trille Rae , Meehettia~bvra,. ~i~vefr Sprina.Totrnelt3.p, etad unt OATH t)F PkRSONAL REPRESEIV`~'.t~TIY$ ~Y, Commonvveaf2h of Hennsylvania 5S ~- ~+~ County ofCumbcrisad ~ ~'``~ ;~ ,. ~. The Petitaon~(s) harem named swear of afiism that the atatemeats in the foregoing lsetit ~ true , ~, cor:,eat to the best of the knowledge and belief of Ptstitionar(s} ~d that, ss personal reprt~ va(S)~'tAt: n ~ Decodejtt, Tsatitioner{s) will wet l curd. truly admi~istes the ests~e according tv lew, ~., Sworn to or affitmod acrd sttbacribed otc mo is ~ da of eZ1.y Stanls~ i ~ 1 rt~i rr e ! / h M~/r For the Tteaisttr D£C~EE Ok' F'R48ATE AND GRAINY OF LETT>IGRS Estato Of David R. gora ,Dece~sedFiicNuntber: ~ ~~~,.--~~~-'~• AND NOW, this _„~, day of April, 2011 ,~,~, In consideration afthe Petition en the t+everse side hereon, satisfactory proof having btxn presetxted before me, TT TJ DECREED that J.etters Testamentary - oYAdministration ace hereby gmntsd to: ~_„ _ ., .,. - -+ - argue.~,..R-~.c.,.n.-,~.e.-.e~.~..,a~.~ wc.r.sr t • ~ 4i11LiC ' in the above tastate and chat instrumdnts(a) dated Jul~r 12, OOti descrtbeci {n the petition b'c ~.~. at3mitted to grobatc and flkd of record as the test Will and Codicils) of Tkocdeat. alanda Earner u~tt, Rcgistar of Vlrills ~ ~ FI~E~; ~ Lettars ....................$ ~ wits ......................... Cgdici~(s)... {~ Short Cortltic:<tas a )Retrwwiadats....... _ __--- Bottd ......_ .................... C?ther .,......,...... .............. ,,.,,,,.~ Automation FEE.,~..~.,......,.....-_.~.51~ KS FEE ...................,,_,,,.s~a~~~ TOTAL ............. ,~.5 "'g'g rte' Stgn~tnra ®f Cautofot ~ttgnited to SanrAppe~rsnaa Atty's Signature i~~ PRINTEp Nemtt: ,-~.(~. Ar rhn A n Supreme Court [D No.: ~ 4T 077 Addnas: 44 West Maui Stxeet: hlechan~csbu:rg, PA k705S Shone: yly-b97-8528 Fax: ..,.. tnrrrim Form R1N.o2 rovibod 13,24; to try Cumberlurd Cwnry pendtna, eecbn by the Court Page 2 ofd Wll.l OF oAVio R. wa-~N i, David R. Hom .of Cumberland County, Mechanicsburg, Pennsylvarus, declare this to be my last Wal and hereby revoke aN prior Wills and Codicils. 1. I direct that all my just debts, funer~ expanses, gravemarker and administrathre expenses shall be paid from my residuary estate ae anon. as precticabfe after my death. 2. I direct that ail inheritance, estate, transfer, succession and death taxes of any kind whatsoever which may be payabib by rsason of my death ehgfl ba paid out of my residuary estate. 3, 1 direct that my entire estate go to my wife, Janet C. Horn. A. Should Janet C. Hom predecease me, then i direct that my entire estate be divided into oquei shares between my dough#ers, Keay 1=. Stanley end Carol A, Horn. 5, i appoint Kelly F. Stanby, as Execu#rix of this my last Wi11. If l4elly F. Stantey should predecease me or cease to act in such Capacity,) appoint Caryl A. Horn as alternate, ~; Lea orFier~3OF s~p~rr 3, xoGc s. x~avov~t arAsa~ svrre to: CARLISLE. PA 17013 6. T'he Executrix of this Will shall have the power to dikstdiwta my estate in kind ar M sash, or partly in either, 7. 1 direct that no Executrix acting urtdsr this Wal shall be required to enter bond in any jurisdiction. IN WITNESS 1NHE OF have h®reunto set my hand this ~ daY ~ . 2flOt3. :, s[ Grt ~"' ~, ~c~ ~~~ r~ crf ~; -~ ~ ~•n . '~ •a, ;.n 'Fhe praGeclEng instrument consisting of ~tls and one other page was on the day ~ d~ hereof signed, pubgsh~i and deeiarod by David R, Hom a$ and for his fast VViil in the pr8aenca of us, who at his request, in his presence and in the presence of each other Nava subscribed our names as witnesses hereto. Vwi ESS WITNL~53 uwo~vr s~~>,r r. iH~ i9 s. saxov8e sr~sr sutra Boa CARl,I8L8, PA 17013 .~ ~ ~ .. A-CKN4WI,EOGMEN7 Wwof S?EPK81tii j. ~AGG t~ s. a~cvovsx s~e>?~t scrrna X03 CARLISLE, PR 17013 State of Penrr~yh+ania ss County of Cumberland f, Oavid R. Hom, the Testator, whose.name is signed to the attached or foregoing ir~sirttment, heaving bean duly qualified accor~}ng to taw, do hereby ackno•Medge that i signed and executed the instrument as my last iN~l; that I signed it willingly and as my free and voluntary act for the purposes therein expressed, David R. Horn Swom to or affirmed and acknowl d re me by David. R. Hom the Testator, this ~ day of 2 '"~ ~~toavlT Stets of Pennsylvania ss County of Cumberland We, ~rr~n ~QtlYtGS and ~~i.J-1~r1n,b,~.. ,the witnesses wtl4se names ere signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that ws were present and saw the Testator sign and execute the. instrument as his last Will; that th8 Testator signed wiNingly and executed it as his free and voluntary act for the purposes therein expressed; that each subscribing witness in the hearing and sight of the Testator signed the W#~ as a witness; and that to the best of our knowledge the Testator was at that time i8 or more years of age, of sound mind and under no constraint or undue influence, Sworn to or 8d d subacrib to before me by witnesses, this _~ d9y of ~ , X00$. ~~ Not Rubltc/Atto y ~D~'>i'~1~t'S N'~CE OF CL•.~~t_!I ESTATE Off' DAV'~ R HORN, D1gCEA5ED ESTA~'E FIL1x ~0l1.OIM8;i To the Orp>ssn's Court Division: Index and make proper entry in your oi~'icial rocords of the aisim of Mambero l"Fedmi Crodit Union in the principal amount of 52,920,48, Persona[ Service Lose account #00000502~8~0003, against the estate of David R, t~.orn, Th{a claita la filad ptususnt to 20 Pe< G.S. sactioit 3532. Tha Raid descdent, whose last knowt- rosidenco was 7000 Wentzville Road, iVleahaniesburD pA 17450, dtai on February 3, 201 l , Nutioe ot'tbis alaiim wa8 pxov{dcd m Kelly F. Stanley, Executrix for the Estate an April 20, 2011. ~~ ~ $ ' '~ • . c t' ~~ ~ ~ . ~ ~~ t~ ~S 1«1;91 ~ FBDS1tAL CRBD I,1MON flanieile A. Kline, La;hdlrtg btsurance Support. Specialist Apra! 20, 2-011 5400 Louise Dzlve' + t?~C3, Sox 40 • l~eebar-ieslaurg, Penr~syhranin 17455 ' (8U(1) 283.2328 • wanvmcmbcrslseorg CERT1FiCATION OF NOTICE UNDER RULE S.6(a} uw ppRte~Fq SNSLHANCA Bt BIItNN4MAN, P.C. Ntuue of Dcccdcrtt; David R Horn Date of Death: February S, ZO11 No. 2 ! -11.0483 To the Register: Y cert~fj- that notice of estate admix-istration Inquired by ~tulo S,Q~s) of. the Orpftatas' Court k~ules was served a~a or mailed to the fbllowlug bcaacfiiciarias of the above-captioned Estate on Jtme l7, 2011: Name Q~ddress Kelly Stantcy 7000 Wentzville Road Meohanlcsbarg, PA ~~17050 .Carol Harn 8 Taxnco Road Mechat+icaburg, PA 17055 Notict lase naw been given to all persona entitled thereto under Rule 5.6(a} oxcept: Noac. Date: June !7, 2011 ~~ ~.eith O. Brenneman, Esquire 44 West Main Street Mecharaicsburg, PA 17055 (?17} 697-852$ ~. ~f; o , ~~ ~ ~' ~g~ ~ ~ ~;~,. r ,. ~~ ~ -~ ~~ ~• ' ~i COURT OF CONIlVION PLI~AS OF CU1VlB1xRLAND COUNTY, Pl~1NSYLVANIA, ORPHANS' COURT DIV1gION ESTATE OF DAVID 1~It7IW, DBCEASBD No, 2l •11 483 To the Clpk of the Orpheus' Cow~t Division: xir~aly etiror the claim of Living Bramahea ins the amouat of $ $2,824.83 a8ais~st the above-eapbia~ned F.etatc. Zhe Deaodent, who resided at 9fl00 Weitzville Road, Mccheuicsbwg, Permsytvania 1?~0, died ou Fdmiary 5, 2011, WMxat nodcc ai' aaid claim waa given to Keith Bro~ati, Ssq., cotmset for the cetera of David Horn, ~,elbalcex dt Sremnemau,l'C. 44 West , Main Street, l1+Iecha~nicaburg, PA 37055 op~ duae 28, 2011. Claimant: Clat~ant Nm~siug and Rehabilitation Center 1000 Clat+omont Rd. Carlisle, PA .17013 Roapextriilty Submftted, Lateha Davis Xoiso ~ 1tilcKcnr~a, P.C. Date; ~~,~ ~ sty lit. l+-lontre:or Attorney AIo, 74244 SZOtf Hunt Croak Soulavatcl, Suite 140 Nlechttt~iogbusg, PA 17050 Pboea: (717) 620-2424 Fax:{?l?)624.2444 _ smo~at~esor(g'~ldytaw.com '~ g~ ~ ~ ~ ~ w f~ ~, afoa2vi ~. Horn, DaVI¢ N4920 ArxonM 5unlrnary of of Od/u/20i1 pramissoryr Nota a2J08l2009 S 31,424.83 Payments 1Jf0/2410 1;k wso7o S x50,00 2/5/2010 Ckttg4~3 S 650.00 3/15/24fa Ck #500708 S 650.40 4/13/20f4 Ck N5090 $ 850.00 5/18/2010 G~c #5254 ~ 650.00 5114!2010 Ck ft688 S 650.00 e/14/z02C t:k f166S - Insufficient fund; $ ~fi54.00) 7/6/241© Ck N5259 S b50A0 7/6/2414 Ck ft5Z59 ~ insufific[Cnt funds $ (650,00) ?/9/ZO10 ck ax7a16764 S i5oap 7/9/2030 Ck p27a16y59 5 500.40 8/5/x010 Ck#5844f3888a $ 130.00 8/5/1030 Gk #5804118879 S 500,00 /?/2014 ck ffx2so $ 6x4.44 8/7/2010 tot #5250 - insuf![~isttt funds S (b50.00) 31/3/20111 irk #82434257?? $, ~ SO.Op 6 Tvta! Paymenns $ 5,x40.00 cummnt Bafante Due 26 fIr24.0$ ... COURT QF COMMCmt Pi..6AS OF CUMa~RLANIy COUNTY, I+ENNS"~ILVANIA QXtPHANS' COURT DIVISION FS'TA,TE OF I~AVm MORN, DECEASI?D No, al-l2-A89 CATS OF SF>Q! The vndc~reiened ltesraby cer~ivs that on this date a true a~ad carroct copy ©f the forogoing Notice of Claim axes served via Cetti$ed Mail, Return Rec43pt Req-sestod and First•Glass Unitod States mail, postage prepaid, upon the ~otlowing: Keith Hrenue~men. Esq, Snelbalc~ d~ Brreonam~, PC as wit t~ smear Mecltanicsbvag, PA 1 y053 Detcd; ~'~ ~~ ~r~11 Stever M. Montroaor 4I062VJ 2~IOv1 !C.1 . "4J ~' L' ",t.G ~~~rta n7~5~ ~ ~` ~ ~ ~ ~;': `~' 'i! ~~" ~ , :.n~ Xht RE: ESTATE OF DAV~b R, HORN, ; IN THE COURT OF COMMON PLEAS Aeccased ~ : ORP'~LA,NS' COU1tT DTVISI4N 4F CU1vlE1RI.AND COUNTY, FENNSY~VANIA ; N0, 2011.0483 Pls"T~'I__ON~QR LEAVE TO i1VIT.I~?RAW AS CO~ISEL 9ttelbaker & Erenneman, p, C. submits tbla Fedtioa For Leave to Withdravr P-s Cowiscl ~ sad its support thereof states the fvllawing; 1, Petitioner herein is Snolbaker & Hrermematt, I'. G., a professions! cozlwration of ~ attorneys haviag its offices at 44 West Main Street, Nlcchetnnicsburg, PA,1905~. 2, David R. Hot~.(tho "Daedont")died testate oa February 5, 2411 in Cumberland ~ Cowsty, Pennsylvaala. 3, Decedont's W1I1 was duly proUaaEd on A;ptil t S, 2011 in the Office. of the Register of ~ Wttls of Cumborxazxl County, Fennsylvania and Letters'Festameptarytyere issued on the same (date tv Kelly F. Stanley (thc "Respondent"). 4, Respondent has engaged Aetidotter to roprsscnt lter interests with regards to the ~ administration of the Decedent's Estate. S, Petitioner has entered its appearance as coun8el to Iteaportdent and the Estate. 6. Respondent has on many occasions not respaadad to written requests far information ~ ~~~ SNE~BAKeR O~ E'~AQNt/QMAN. P,C, 'necessary for purposes of administering the Estate and otherwise gathering the information for ~ purposes of preparing ~en inheritattCO tax return, ~,. 7. Respondent area for more than tea months faired to make any paymsttt on account of serviceQ provided by the Petitioner and to reimburse more than 5600.00 in costs advanEC~l by Petitioner. 8. Notiae has been received h'Y Petitioner of the delinquency. of the ~listg of an inboritance tai return In Pebtvsry 2412 8rorn the Pennayivania Aepartrnent of Revenue. That noticx was forwarded to Respondent as February lb, 2012 to which no response was received from Reaponderrt. 9. Because of Respo~e~nt's t'hiaure to communicate with Petitioner, Petitioner is unable to properly repzcset~ the Respondent and otherwise pracecd with admitvatratiorr of the Estate in any fiOaTJitfgtll]~ rns~ttor. 10. R,aspottdCttt has filed to resposxl to Petitinnaz'a requests for information in order to ''.complete its professional services. 11. Petitioner cannot perform services for the Respondent or the Estate without Respondent's cooperation, commuriaativn and aaustanca; accorclittgly, Petitioner requests !save ~ to withdraw as counsel of record in the 8atate and ae attornoy for Respondozrt. W)I~EItEFORE, Petitioner requests this Court grant leave to withdraw a~s cowtsel W ~ Decedent's Estate and as attornoy fox Respondent. 5NELBA~R & l3R];NN1/MAN, P. C. ~.nw ora~cEs 9NBI.BAKBA & E)RBNNRMAN. P.G. sY. 1/'~.•^.. xeitlt o, Bateman, Esquire ~ w. Main stmt NtcolsanicsbtuB, PA 170iS (717) 697-SS28 April 20, 2Qi2 Attorneys far Petitioner, -2- I verify that t}-e slat~aents mado in tht fot~geing.Petition ate mto and corract. [ wnderstand tbat fatsc statements henE~ aro made subject to the penalties of i 8 Fa,C,S. 8action X404 reieting to urtisw~rn falsifcatioo to Atiik~azitias. ~~~""'` Keitb 0. Brennen ;D~tt; APri1 2t}, Z{142 LAW ORI~IC&S SwQL~AKSA 8~ BA~NfircMAM. F.C.. I, KEI`1'H 0, $I~N1V)1rMAM, ~3QLJIRE, hcraby ceRi#'y that I havo, Qn the below dace, caused ~ trua and cor<act copy of the foregoitag PctitIon to be sewed upon the parson and in the mastner irulicated be4aw: ~tRBT_CS~SS IrLA1L. PbB,~ T~4~~i3. AD R~,~.,,F-P. AS ,S,~~I,~OWS: Ke11y F. Staaley 7400 Wentzville Road l~iechaniOSburg, PA. i 7U5~ $NELBAKIuR & HR.~NI`iEMAN, A,G. Keith O. Brenneman, Eacritize 44 W ~ Main Street P. O. Box 31$ Mechaaicsburg, PA 17055 (7l7)b9?-8Sa8 Date: April 20 ~ 201 Z Attorneys for P~tiorar urw oFr~ces SNe+,eAx~a ~ Br+eNNEMAN. P,C. 1 17r1 xtE; F9TATlr flF TtA,V1D R. HORN, : XN'TI~ COURT Oi+ COMM43N PLEAS DecBasod :ORPHANS' COtTRT DIVISION OF CUMBfiRI.ANA COUNTY, PENNSYLVANIA N0.20t l-~8~ AND NOW, this ~ _ `~ clay of ~p~~r , 2412 upon consideration of the Petition 1!flr Leave to 'Alithdraw as Ceunsei, a Rtile is hereby issued uFon Kelly F. Stanley, Executrix of the Estate of i3a~id R. Horn, to shave cause, if any she should have, w}ty the relief ~ regwasted is the Petition should eat be panted, RULE R.irTURNAHLE twenty days after service of tliiis d~rder. Petitiooer is directed to `serve a copy o#'tiais Order upon Respondent by #irst class mail, postage prepaid. BY THE COURx; r. u~w or~F~CEa Snigl.CnkkR Et BAEryNANtaN, P.~, ~: ~ :.: t•.~~ ~~. ~~ ~ : ~~ ..~ , ~_ ~~ FM ~~ ~ G~ ~ G: _._ __ ORPHA~TB' COURT DIVISION GOURT QF COktiiMON PLEAS OF Xr-Rc: DrvidR.Ham,'ptocaae~! CiflvtBLRLAt+tbCOUN9'it ; PSNNSYLVAMA : Nt?. 21-1 x•0483 CER7'E~3CATE OP $Rtt'V~CE O~ QRIf,EIt l[IDOE'3 INITL4LS: ~C~. ._- _ .~ 1.. TIME STAMP DATE: ~,~j~2 _ ~~~.. iN ILE: 4~. _.. ..~.. 111111•al11an1111111111111111 t\.1••11\\\\a1111\\111.1aN 1\\I Ia11T 1111 .1~~\11411\1111111f~.f 11/11a\.111•11 •I..Itfl \Il.ltl•1 .. SEltYtCE To: ~2x 0 8RSr1NE~~uN_ .. KE Y F 97' Ems, ..,, ,,,____r______ OFlI~fAi1dNG; ®USPS R3~.lt EI1-I1iD DELIVERED a~R.~ PE~'~'t'iONESt JtJDf~& Q CLERFC OP ORkHANS COURT' r~.AtLfiD: ~« Ia 11111 \111aaa I1 1.11.1 It 11111111~111~\1.11i.t.lat.a. 1.111\t \aaalt l\11111.111\111\I11111a11.11ff It111~.117ta.aa~111111111\l1t SHAYICE Td: QI? {~ i+dAt13N~3; ~~~5 ~j,OVII?Eb 8Y: ~ usgs D ~~oNZ?~ ~ RR.R ^ NDGE ^ HAND DELIVERED ^ CLERK OP ORPIiAN9 CO11JRx a ~~ MAILED: ~.~., ~~ti~ deputy . Clerk vi OCpttane' Court ' ~i ,~ a i ~ ~~'~ ~ ', , ~~• ~'~' _ ~: '~r c LJl `'. ~ ' ~~ l.J . ... :~ p :: ~, ~ C,. ~~ iN ltl:: ESTA7£ 01= DAVID R HORN, : iN THE COURT OF COMMON PLEAS Dcce~d : ORPk#AWS' COURT AiViSION OF CtJiv181=,ItLAND COUNTY, 1?ENifSl?.VANIA : 1; : 1v4, 20l 1-v~s3 E Snelbaker & Hretlttett~.n,1', C, submits this Motion to Make 3~ule Absolute and its taw ass $N6~a~xaq & ~N[NN(iNAN. P.C. support thereof, states tl~a Following; 1, Ott Apri120, 2012 Petitioner Snelbaker & Srenncrner~, P. C. filed a Petition For Lave #o Withdraw as Counsel (tbe "Pecltion"), 2, A, cagy of the Pctitiora was sen+ed upon Respondent, the £lxecutrt.c of the Estate of David R, Horn. 3, As. a result of the filing of the Petition, by Order dated Apri123, 2012 this Court issued a.Rvle upon the Executrix of the Estate of David R. Horn to shave eeusr, if any she sMauid have, why the relief requested in the Patitian should not be ,granted, 4, On April 24, 2412 the Petitioner served a copy of the Order tinted Aptii 23, 2012 upon Respondent by first cuss mail, postage prepaid, is accordance with the ihder of April 23, 2012. S, Mare than twenty days has elapsed since the service of the Order upon Respondent and Respondent has fhlled to file a response iv the Petition and Rule. WfiEREl+OitE, Petitioner reque9ts this Court to make absolute its Rule issued April 23, ~~ i,. . .. , 2012 and to permit Petitioner to withdraw as cou~nact for th¢ ~state.of David R. Hvcn and Kelly F. Stanley. Exccuteix. , SNELBA,KER 8c B.R~NNBMAN, P. C, Dace, May 15, 2012 Uw a+~tcaa $NgLpAKER & BRBNNPiMAN. P.G. BY: '~~~' i~cith 0. Bra»neman, Esquire 44 W ,Maim Street Ntxhasticaburg, ~'/~ 17055 (7i?) 6978528 Attorneys for Petitioner .,Z. ,~ CE~~E Og SERVICE t, KIrITH 0, BILENNIrMAN, ESQUIRE, hereby rectify chat i have, an the below date, caused a true and correct cagy of the foregoing 1vlotion to be served upon the person and In the manner indicated below: ~~T AS MAii., PaSTA~~~ D Ap~~$~P4J~~g' xeijy ~. s~1Ey 7U00 WeRZVillc Road Nkchsnicsburg, PA 1 ~OSO 3NEU$AKBR & BTtENNEMAN, P.C. 1~-~ ay: Kclth O. Brenneman, Esquire 441. Main Street P, t?, Box 319 Mec~tanicaburg, I'A 174SS (7l7)G9?•8528 Date: May l S, 24 t ~ Attorneys for Petitioner u~w oc~•icas $h1RL9AKlt1~ $ HR6NNEMAN,P.C~ ~~ IN R£: ESTATE OF DAV1A R. iiORIV, : IN THE COURT OF GOMM41~? PLEAS Deceasod ;ORPHANS COURT AIVtSION aF • ; CU1~A~RLAND COUNTY, P1;NNSYLVAWIA N0.2g1 ~-0483 Q~8 AND NOW, this ~~ ~ day of rr,~ . 2fl1z upon cansidetation of the Motlan to Make Rule Absolute, it is heraby Ordetal that the law firm of Snalbalcer & Bronnemara, t'. C. and its iadlvld~al attorneys arc t-eraby pertxiitsod to withdxaw as counsel, to tine Estate of David R. Horn ar~d its Exocutrlx, Kelly F, Stanley. BY THE COURT; ,l. i ~ ~'~~ ,r , ~ 4~ I,.4 .. ~ •'"' ~.n u' taw asvic&st SNE6B~NER Qt 6x[NNEMAN. P.G. _. _, ~ .... 'J ORPI~tANS' COURT AtV1310N COUA7 OB COMMON PLEAS 4F to Rc; DAU1S R i~QRN CUMS8RLA1~lCOUN'FY P>rNNSYt,vaNiA : N0121.11.0483 CER'1'~FICATR OF SE~tVICI~ QF ORDER ORDfi1t DATE JUDGk'S I1V1'i7.At15: ~qH . ~ ~ ,,~,.^ • Y TIME S1'AMI~ DATE: ~/1712pL~ ~, ,~ ,., ,,,~^ ... r111.1 ,l.ii. , . ,...,..1... 1111111111.11.111111tt1.11{1.111111..111.1111 \.1..1 ..1.i.. ,....1.,,..,...,,11111....,...1.. S1:,RV1CE TO. }C'L~T~i O BR~,1y~N1AN ~,,,~ _,.,,_,~, _,___`~ ~, METHQD OF L s: E1VVT1.OF8S PRO~DEi? S CJ USAS C] I'~TITtONER kiRR [~ JUDQ£ HAND DE1.tVERHD ^ CirERK OF ORPHANS COURT ^ OT13FR MAILED: I w.~ . 11.11..1.11.1111.1.1..1...111..1..11111111 1.11.1..111 111114111111111.1111/..1111~1i1..1...11 .11.11111. t. .111.. 1.1111... 1t. 7 58RV1CB~'t7: ICBLLY P SY'ANI,EY jriETHO~I~~F M~1L1N~l; ENVELOPE~p,~~VID -D BY' ®USPS PET1fi10NER RRR n1DO8 . ^ HAND OEI,tVER6D CLERK OF ORPHANS COURT [J OTHER ~ a.~.~_~ aepucy .~ Ctork oP Ocphana` Cvurt t> ~~~ ~~ ~~ • ~ "` ~ r', r"; ~ ~ , ~~• ,,: ~: 7. .f TN Itlr: ESTATE QF DA~tID R. HORN, ; Xlt THE CDURT OF COMMON PLEAS Dcaeasad ;ORPHANS' COURT DiVISTON OF CUNl.EERL.AND COUNTY, PENNSYIrVANIA N0.2011.0483 `TQ THE RtaGISTER OF V,T1LL5: Please withdraw the appearance of 3neibakar c$ Srettnctnan, P. C, ar~dtts individual ettorneya in accordance with the Order of Court issued May 1 ~, 2012 in cbe above matter. A ~ copy ofth+e Court's Order of Nlay l7, 2Q1Z is attached hereto and incorporated by re~eronca ;herein as "Exhibit A". SNELBAKER & BR1~.NNEMAN, P, C. l r/t,,.~-.,,. BY: Keith O, Brancecnan, Esquire 44 W. Main Street Mechanlcabncg, PA .17055 (717) 697-8528 taw ORtgC85 SN@I,OANER bt 0RENNSb1AN. ~'.C. Date: May 21, 2012 „W ~i W Rl?: ES'TAT£ OF DAVID R. HORN, ; IN THE COURT OF COMMQN PLEAS Deceased ; ORPHANS' COURT D1VIS14N OF CUMB£I~LAND COUNTY, PENNSYLVANIA N0.2011-04$3 ORDER AND NOYJ, this 1~ ~ day of ~~y , 2012 upon cansideratior of the ~ Masion to h2eke Rite Absolute, it iR hereby Ordered that ~e Iaw lixTn of Snelbaker & HrenneCnan, P. C, and ita individual attorneys are hereby perrs?itteti to withdraw as caunscl, to the Estate ofDavid R. Horn and its Executrix, Kelly F• Stanley. HY TH>~ COURT: i u+w oFe~ces $NRL9nKSA 8C QRINNEMAIV• P•C. A TRUE= COPY FRBM REC019C U feagmony aMrot,ll~ueuMo ~ mY ~! tF~ est~~ p~ Mid CuwtMRC~, iall ".t cl~r of ~.:.::.,~.~i:::• ~,"7 J `•f r ,~,. Bt[>~IT A a C~~CATE OF SERY CE I, KEZ'tIi O, BRENNEMAN, ESQUIRE, hereby certify tl~t i l~avo, on the below clefs, caused a true amd correct copy of the foregoing Praecxpc to be eervod upon the person and in the I mannor indicated below: ~TDS7" Gi,A~,NlAL1 AOST'A41 PAID,~j Rir?,, 'ED AS FOi~LOWS~ Kelly F. Starilay ?000 Wcrt~vilte Rvad Mechanicsburg, 'PA l ?05~ SN>rLBAKER & BRENNEMAN, P,C. I ~~`~ By: Keith a. 8rentietstse~, EsaUire 44 W. Main Street F. O. Bax 318 Mecbarneoaburg, f'A 1~05S (7a 7)b97-$S28 ~ Data: lVley 21,, 2G12 uw o~r~ces SNgI~AKKn & BlIBNNL~MAN~ P•C. EXHIBIT "E" .~ Y RICHARD M. SQUIRE & ASSOCIATES, LLC ATTORNEYS AT LAW Richard iV1. Squire * Montgomery County Office M. Troy Freedman Craig .a. Oppenheimer One Jenkintown Station Also Admitted in MD 115 West Avenue, Suite 104 Jenkintown, PA 19046 Tel.: (215) 886-8790 Fax: (215) 886-8791 www.squirelaw.com Chester County Office 33 South Brick Lane Elverson, PA 19520 Tel.: (610) 913-8442 Fax: (610) 913-6381 Please reply to: Montgomery County Office October 18, 2012 Estate of David R. Horn c/o Kelly F. Stanley, Heir & Executrix to the Estate of David R. Horn, deceased 7000 Wertzville Road, Mechanicsburg, PA 17050 RE: Citibank, N.A. v. David R. Horn Docket No. 2012-5827 Our File No. CMI-955 Dear Sir/Madam: The enclosed Motion for Leave to Amend Complaint and Join Additional Defendants, Verification, Brief/Memorandum of Law, Certificate of Service, and proposed Order are being provided to you pursuant to the local rules of procedure. Please advise the undersigned in writing on or before October 25, 2012 via mail, facsimile, or electronic mail whether you concur to the relief sought in the enclosed Motion for Judgment. If I do not receive any correspondence from you, we will forward a substantially similar version of the enclosed Motion/Petitionpackage to the Court for filing on October 26, 2012. Thank you for your courtesies. Very tru yours, M. Troy Freedman, Esquire Ext. 12 tfreedman(a,sauirelaw. com Enclosures, as stated RICHARD M. SQUIRE & ASSOCIATES, LLC ATTORNEYSAT LAW Richard iVl. Squire * Chester County Office M. Troy Freedman MontEOmery County Office 33 South Brick Lane Craig A. Oppenheimer One Jenkintown Station Elverson, PA 19520 Also Admitted in h~ 115 West Avenue, Suite 104 Tel.: (610} _913-8442 Jenkintown, PA 19046 Fax: (610) 913-6381 Tel.: (215) 886-8790 Fax: (215) 886-8791 www.squirelaw.com Please reply to: Montgomery County Office October 18, 2012 Kelly F. Stanley, Heir & Executrix to the Estate of David R. Horn, deceased 7000 Wertzville Road, Mechanicsburg, PA 17050 RE: Citibank, N.A. v. David R. Horn Docket No. 2012-5827 Our File No. CMI-955 Dear Sir/Madam: The enclosed Motion for Leave to Amend Complaint and Join Additional Defendants, Verification, Brief/Memorandum of Law, Certificate of Service, and proposed Order are being provided to you pursuant to the local rules of procedure. Please advise the undersigned in writing on or before October 25, 2012 via mail, facsimile, or electronic mail whether you concur to the relief sought in the enclosed Motion for Judgment. If I do not receive any correspondence from you, we will forward a substantially similar version of the enclosed Motion/Petitionpackage to the Court for filing on October 26, 2012. Thank you for your courtesies. Very truly yours, . Troy Freedman, Esquire Ext. 12 tfreedman a,squirelaw.com Enclosures, as stated RICHARD M. SQUIRE & ASSOCIATES, LLC ATTORNEYS AT LAW .~ Richard n1. Squire • Montgomery CountXOffice A'1. Troy Freedman Craig A. Oppenheimer One Jenkintown Station ' Also Admitted in bID 115 West Avenue, Suite 104 Jenkintown, PA 19046 Tel.: (215) 886-8790 Fax: (215) 886-8791 www.squirelaw.com Chester County Office 33 South Brick Lane Elverson, PA 19520 Tel.: (610) 913-8442 Fax: (610)913-6381 Please reply to: Montgomery County Office October 18, 2012 Carol A. Horn, Heir to the Estate of David R. Horn, deceased 8 Texaco Road, Mechanicsburg, PA 17055 RE: Citibank, N.A. v. David R. Horn Docket No. 2012-5827 Our File No. CMI-955 Dear Sir/Madam: The enclosed Motion for Leave to Amend Complaint and Join Additional Defendants, Verification, Brief/Memorandum of Law, Certificate of Service, and proposed Order are being provided to you pursuant to the local rules of procedure. Please advise the undersigned in writing on or before October 25, 2012 via mail, facsimile, or electronic mail whether you concur to the relief sought in the enclosed Motion for Judgment. If I do not receive any correspondence from you, we will forward a substantially similar version of the enclosed Motion/Petition package to the Court for filing on October 26, 2012. Thank you for your courtesies. Very truly yours, . Troy Freedman, Esquire Ext. 12 tfreedman ct,squirelaw.com Enclosures, as stated m d W; ~ - ~~ t ac ~ O tJ.: i Y F-' y~ ~ G c~X2N L ~ ~ ~ m E'E ~~ L E ~ a i '~ `•'- ~a '•OIWtAcDto j ~ fii~ ~ -` ~ L Nino°~ L U N '~Q ~NOO rn Q * ~'~ ~ c ~ md~ ~ gc ~ ~y ,N _ F- ~~ ~ ~ o n~~m19~ c o r~~o N i Eu~~~W~ L ~ i ~ d N o i a v ~o N• m ~ ° ~', o ~ c a' L g N U.. oo ~Y.N lA • ~EcU °c ~ m H o a f ° N ~ ~ . o ~~ O ~ O~oH ~ ~ l t p ~ 60'B8ZC89 - p. :- `~~ N~ NLL cvj°~~r v ~E ~ ~ ~ y ~. ~~ ~ X W li ~ ~ d ~ H lC0 ` ' ° ~ ' Q o d' u- ~ ' ° ~ c E 'c$ui~r I So~o~o I ~ ~ ~~ 0 ~ ~ of W ~ C ~[j O > N U W N T V ! ~ G>U ~ d C d p °aW~.ma~ v ~~ rn ~ ~ " c E~E~a i t0d ~m;,rnc I U~ ~ u0i ~ u~°~nt°c ~ v E 2 E ~ o,L ~ ~ ~ '~' ~ E`~E`~~ ~ E ~ V7 1 C`C 3 ~ Tc O 'R a i ~ `~ •~ N C~ _ rE~E~rH ~ O - L_L_ ~ `~ y ~~ I ~ Q~Lr ~ ~ ^ ^ .. ,. ~ l!, ' ~ O d •A ~ ri O I C L =U O ~ m W 1 '~ d ~ c LL ~ ~ ~ H U • ~ ~ ~ N I td N !F N d ~ ~ a 0 ~ ~ ~ O1 ~ 7v iOmX G >~ ~UUw 1° o ~~ O ~ ~ ~ ~° m ~ m o ~ ~ N N ` N O N O N 2 ~ d~ ~ a c W ° m ° ' 10 °n ~ aNi v I A V O ~ ~~ = >. OQ ~„ O~ O'O OQ ~ O Q U~ NO `~ O ~ c ~2~ v~i~a °= d d x ' x >,. - - oo w- p o ~ U N N~ Du: ~v N ~ U N~~ ~v O W ~ O o~ N S ~ m E a „.. x >>~v ~x >>~~ LV U Q ~ -o Z ~ E N N «y ~> L LL °~ O> L ~ O L d w N N O N O d ~ N 'p) O N ffl •y O I- N O N [~ ~ y 32~r~~ W c YS~I~~ US-oao~ H ) ( 0 V O ~ O tNA ..O, ~ O O O ~ O Q 7~ O O O O U N ~ O ) ~ 7 • ~ _U '~ = tf) ~ ~ y t0 ~ N ° ~~~ i a o ~ m ~ ~ ~ o ~ +T (n > Q ~ m Z _ ~ c0 U~U _ . ~ c0 U~U _ ~ c0 U~U N ~~ C~J~ j ~ O -o m " ~ G// Z a U ~ C ~ r N M ~ w N d'r-Oi J F-J I- a W LL a' LL C LL a C C 4 C a ~' u C O L t f l t t ti x M 'J' 1 1 CITIBANK N.A., IN THE COURT OF COMMON PLEAS PLAINTIFF, CUMBERLAND COUNTY, PENNSYLVANIA - C"7 r~ '! v. DOCKET N0: 12-5827 Civil '`-' ~ "y ;..,a "R _ .. iT1CO '~'~' t~'fi David R. Horn CIVIL ACTION '~~ ~ -t? 609 Robert Street ~~ N ~~ Mechanicsburg PA 17055 MORTGAGE FORECLOSURE ~~ ~ :r , , DEFENDANT ~~~ v ~'~ ~ - -~- ORDER AND NOW, this 2G' day of /Vow,,.{,tf , 2012, upon due consideration of Plaintiff's Motion for Leave to Amend its Complaint and Join Additional Defendants in this matter, and good cause appearing therefore, it is hereby ORDERED and DECREED that said Motion for Leave to Amend Complaint and Join Additional Defendants is hereby GRANTED; and it is FURTHER ORDERED and DECREED that Defendant's name be amended to: Estate of David R. Horn a/k/a David Reuben Horn, deceased, and all known and unknown individuals, heirs, successors, assigns, business entities, non-profit entities, and/or charitable entities having and/or claiming any right, title, and/or interest therein, therefrom, and/or thereunder; and it is FUTHER ORDERED and DECREED that, pursuant to Pa. R.C.P. 1144(a), the following individuals are joined as additional Defendants to this proceeding: Kelly F. Stanley, solely as Heir and Executrix of the Estate of David R. Horn a/k/a David Reuben Horn, deceased and Carol A. Horn, solely as Heir of the Estate of David R. Horn a/k/a David Reuben Horn, deceased; and it is FURTHER ORDERED and DECREED that Plaintiff shall have leave to file its Amended Complaint, which shall be in conformity with the foregoing and which may include additional factual averments as to the identity of additional Defendant and the death of the decedent. BY THE COURT: J. (PA I.D.# 04267) Richard M. Squire, Esq• 85165) Esq. (pA I.D.# M, Troy Freedman, (pA 1.D.# 313264) Craig Oppenheimer, Esq. 115 West Avenue, Suite 104 Jenkintown, PA 19046 215-886-8790 215-886-8791 (fax) rs uire@s uirelaw.com edman@s uirelaw.commailto:Asonin@s uirelaw.col~~ tfr~ enheimer@s uirelaw.com co ,/ Est. of David R. Horn a/k/a David Reuben Horn c/o Kelly F. Stanley 7000 WertzvillepA 1d7050 Mechanicsburg, Kelly F. Stanley 7000 WertzvillepA°1d~50 Mechanicsburg, / Carol A. Horn ~z~~~d CoPi~,s ~I, a g Texaco Road, pA 17055 Mechanicsburg, MILSTEAD &ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire �(t � + (Q; 8 ID No. 203145 r, 220 Lake Drive East, Suite 301 I'EERL A" COUNTY Ntis YI-VANIA Cherry Hill,NJ 08002 (856)482-1400 Attorney for Plaintiff File No. 88.23755 CitiMortgage, Inc. COURT OF COMMON PLEAS 1000 Technology Drive CUMBERLAND COUNTY O'Fallon,MO 63368, Plaintiff, Vs. Estate of David R. Horn a/k/a David No.: 12-5827 Civil Reuben Horn, Deceased, and all known and unknown individuals,heirs, successors, AMENDED CIVIL ACTION assigns, business entities, non-profit MORTGAGE FORECLOSURE entities, and/or charitable entities having and/or claiming any right,title, and/or interest therein, therefrom, and/or thereunder 609 Robert Street Mechanicsburg, PA 17055, And Kelly F. Stanley, solely as Heir and Executrix of the Estate of David R. Horn a/k/a David Reuben Horn, Deceased 7000 Wertzville Road Mechanicsburg, PA 17050 And Carol A. Horn, solely as heir of the Estate of David R. Horn a/k/a David Reuben Horn,Deceased 8 Texaco Road Mechanicsburg,PA 17055, Defendants AMENDED COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, Citibank,NA successor by merger with Citicorp Trust Bank, FSB by and through its undersigned attorney brings this action in mortgage foreclosure upon the following cause of action: 1. Plaintiff, Citibank,N.A. successor by merger with Citicorp Trust Bank, FSB, has a principal place of business at 1000 Technology Drive, O'Fallon, MO 63368. 2. Defendant,David R. Horn, is the real owner, mortgagor, and grantee in the last Deed of record to the real property located at 609 Robert Street,Mechanicsburg,PA 17055 and, if applicable,riparian rights appertaining thereto (hereinafter referred to as "Premises"). 3. On August 8,2005, Defendant made, executed, and delivered a Mortgage to Citibank, NA successor by merger with Citicorp Trust Bank,FSB (hereinafter referred to as 'Originating Lender") as security for Defendant's payment and other obligations in consideration of a mortgage loan made to Defendant by the Originating Lender. Said Mortgage is recorded in the Office of the Recorder in and for Cumberland County, and was recorded on August 25, 2005 in Cumberland County in Mortgage Book 1920, Page 528, and is incorporated herein by reference by virtue of Pa. R.C.P. 1019(g). 4. Mr. Horn passed away on February 5, 2011. 5. Pa. R.C.P. 1144 requires a foreclosing plaintiff to name as Defendant all real owners of a property and any parties who have interest in the Property. 6. On November 26, 2012,this Honorable Court granted an Order allowing Plaintiff Leave to Amend its Complaint and Join Additional Defendants to read as follows: Estate of David R. Horn a/k/a David Reuben Horn,Deceased, and all known and unknown individuals,heirs, successors, assigns, business entities,non-profit entities, and/or charitable entities having and/or claiming any right,title, and/or interest therein,therefrom, and/or thereunder and Kelly F. Stanley, solely as Heir and Executrix of the Estate of David R. Horn a/k/a.David Reuben Horn, Deceased and Carol A. Horn, solely as heir of the Estate of David R. Horn a/k/a David Reuben Horn,Deceased (collectively,the "Defendants"). 7. In February 2013, Milstead &Associates, LLC, replaced Richard Squire & Associates, LLC as counsel for Plaintiff. An Entry/Withdraw of Counsel has been filed with this Honorable Court. 8. The aforesaid Mortgage has not been re-recorded. 9. Plaintiff is the owner and holder of the aforesaid Mortgage. 10. The address of the Premises is 609 Robert Street, Mechanicsburg, PA 17055. 11. The aforesaid Mortgage is in default because the required monthly payments due under the terms of the aforesaid Mortgage have not been made from September 3, 2010 through the present date. By the terms of the aforesaid Mortgage, upon breach and failure to cure said breach after written notice thereof, all sums secured by said Mortgage shall be immediately due and owing. 12. The terms of the aforesaid Mortgage further provide that, in the event of defaut, Defendant shall be liable for, inter alia, Plaintiff s costs, corporate advances, escrow advances, and attorney's fees. 13. The following amounts are due as of January 29, 2012: Principal $ 50,941.89 Accrued Interest through January 29, 2012 $ 1,805.38 Late Charges $ 169.78 BPO $ 168.00 County Recording Fee, Reconveyance Fee $ 62.50 TOTAL $ 53,147.55 plus additional pre judgment and post judgment interest at the per diem rate of$3.14 or at the adjusted amount if the interest rate is variable, additional late charges, additional corporate advances, additional escrow advances, and any/all other sums recoverable by Plaintiff under the terms of the aforesaid Mortgage. 14. Plaintiff is not seeking a judgment on personal liability(or an in personam judgment) against Defendants in this action, but reserves the right to bring a separate action to re-establish the personal liability that was discharged in bankruptcy, but only to foreclosure the Mortgage and sell the Premises pursuant to Pennsylvania law. 15. Plaintiff has demanded the total amount due from Defendant, but Defendant has filed and/or refused to pay the same. 16. Notice of Intention to Foreclose pursuant to Act 6 and/or Act 91 was sent in accordance with Pennsylvania law more than 34 days ago. WHEREFORE, Plaintiff respectfully requests that judgment in rem be entered into is favor and against Defendants for foreclosure and sale of the Premises in the amounts due as set forth in Paragraph 9, namely $53,147.55, plus additional pre judgment and post judgment interest at the per diem rate of$3.14 or at the adjusted amount if the interest rate is variable, additional late charges, additional corporate advances, additional escrow advances, and/all other sums recoverable by Plaintiff under the terms of the aforesaid Mortgage, and such other relief as this Coutr deems just and proper. MILSTEAD A OC S C Date: es re Attorney for PI�intiff UNLESS YOU NOTIFY US WITHIN THIRTY (30) DAL AFTER RECEIPT OF THIS LETTER/NOTICE/PLEADING THAT THE DEBT, OR ANY PART OF IT,IS DISPUTED, WE WILL ASSUME THAT THE DEBT IS VAILD. IF YOU DO NOTIFY US OF A DISPUTE, WE WILL OBTAIN VERIFICATION OF THE DEBT AND MAIL IT TO YOU. ALSO UPON YOUR REQUEST WITHIN THIRTY (30) DAYS, WE WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR IF DIFFERENT FROM THE CURRENT CREDITOR. THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Exhibit A ALL THAT CERTAIN PROP'ERT'Y' iTUATEo IN BOROUGH OF OF MECHANI'CSBURG, coUNTY OF CUMBERLAND, PENNSYLVANIA BEING MORE pARTICULARLY DESCRIBED IN A ©EEC? RECORDED IN BOOK 6-20 AT PACE 126 AMONG THE LAND RECORDS ar THE COUNTY ETFORTH ABOVE- PARCCL ID: 0 KNOWN A$:609 ROBERT$T 8 1664 THE COURTS FORM 1 CitiBank,N.A. IN THE COURT OF COMMON PLEAS 1000 Technology Drive CUMBERLAND COUNTY, O'Fallon, MO 63368, PENNSYLVANIA Plaintiff, Vs. Estate of David R. Horn a/k/a David Reuben 12-5827- CIVIL Horn, Deceased, and all known and unknown individuals, heirs, successors, assigns, ' 609 Robert Street r� Mechanicsburg, PA 17055, and C— Kelly F. Stanley, solely as Heir and Executrix of the Estate of David R. Horn a/k/a David t � - °C� Reuben Horn Deceased '- C:) 7000 Wertzville Road ' o Mechanicsburg, PA 17050, and r .. Carol A. Horn, solely as heir of the Estate of David R. Horn a/k/a David Reuben Horn, Deceased 8 Texaco Road Mechanicsburg, PA 17055, Defendants NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer,you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at(717) 243-9400 extension 2510 or(800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution PENNSYLVANIA BULLETIN,VOL.42,NO.13,MARCH 31,2012 proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer,you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty(60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully su itted: X12-t � i� Date Patric esner, q ire Milstead&Associltes,ILLC 220 Lake Drive Ea4t, Spite 301 Cherry Hill,NJ 08 856-482-1400 856-482-9190 (f) PENNSYLVANIA BULLETIN,VOL.42,NO.13,MARCH 31,2012 THE COURTS 1665 FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket 4 BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: --7 CUSTOMER/PRIMARY APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes El No❑ Listing date: Price: S Realtor Name: Realtor Phone: Borrower Occupied? Yes r-1 No❑ Mailing Address(if different): City: State: Zip: Phone Numbers: Home: Office: Cell:— Other: Email: of people in household: How lone- CO-BORROWER Mailing Address: City: State: _Zip:_ Phone Numbers- Home: Office: Cell: Other: Email: #of people in household: How long? FINANCIAL INFORMATION First Mortgage Under: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: S Included Taxes&Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy?Yes❑No❑ 88.23755 PENNSYLVANIA BULLETIN,VOL.42,NO.13,MARCH 31,2012 1666 THE COURTS If yes,provide names,location of court,case number&attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile#1:Model: Year: Amount Owed: Value: Automobile#2:Model: Year: Amount Owed: Value: Other transportation(automobiles,boats,motorcycles): Model: Year: Amount Owed: Value Monthly Income Name of Employees: 1. 2. 3. Additional Income Description(not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 nd Mortgage Utilities Car Payment(s) Condo/Neigh.Fees Auto Insurance Med. (not covered) Auto f iel/re airs Other prop.payment Install.Loan Payments _ - Cable TV Child Su ort/Alim. Spending Money Da /Child Care/Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income&Expenses: Have you been working with a Housing Counseling Agency? Yes❑No❑ If yes,please provide the following information: Counseling Agency: Counselor: Phone(Office): Fax: 88.23755 2 PENNSYLVANIA BULLETIN,VOL.42,NO.13,MARCH 31,2012 THE COURTS 1667 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 know,regarding your lender or lender's loan servicing company: Lender's Contact(Name): Phone: Servicing Company(Name): Contact: Phone: AUTHORIZATION I/We, ,authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options.I/We understand that Uwe am/are under no obligation to use the services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: ✓ Proof of income ✓ Past 2 bank statements ✓ Proof of any expected income for the last 45 days ✓ Copy of a current utility bill ✓ Letter explaining reason for delinquency and any supporting documentation(hardship letter) ✓ Listing agreement(if property is currently on the market) 88.23755 MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ID No. 203145 220 Lake Drive East, Suite 301 Cherry Hill,NJ 08002 (856)482-1400 Attorney for Plaintiff File: 88.23755 CitiBank, N.A. COURT OF COMMON PLEAS 1000 Technology Drive CUMBERLAND COUNTY O'Fallon, MO 63368, Plaintiff, Vs. Estate of David R. Horn a/k/a David No.: 12-5827 Civil Reuben Horn,Deceased, and all known and unknown individuals,heirs, successors, AMENDED CIVIL ACTION assigns, business entities, non-profit MORTGAGE FORECLOSURE entities, and/or charitable entities having and/or claiming any right,title, and/or interest therein, therefrom, and/or thereunder 609 Robert Street Mechanicsburg,PA 17055 And Kelly F. Stanley, solely as Heir and Executrix of the Estate of David R. Horn a/k/a David Reuben Horn,Deceased 7000 Wertzville Road Mechanicsburg, PA 17050 And Carol A. Horn, solely as heir of the Estate of David R. Horn a/k/a David Reuben Horn, Deceased 8 Texaco Road Mechanicsburg,PA 17055, Defendants NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you.. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Services Cumberland County Bar Association 32 S. Bedford Street Carlisle,PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tine veinte (20) dial de plaza al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparesencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende la corte tomara medidas y puede continuer la demanda en contra soya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED DEBE LLEVE ESTE DOCUMENTO A SU ABOGADO INMEDIATMENTE, Sl USTED NO TIENE UN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA, ESTA OFICINA PUEDE PROVEERLE INFORMACION ACERCA DE COMO CONSEGUIR UN ABOGADO. Sl USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES, SIN CARGO 0 BAJO COSTO A PERSONAS QUE CLARIFICAN. Lawyer Referral Services Cumberland County Bar Association 32 S.Bedford Street Carlisle,PA 17013 717-249-3166 NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT 1. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the Judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff r Jody S Smith � ,E- THE THONr " O'1 AR t Chief Deputy z Richard W Stewart °' 2913 JUL 15 AM 11 Solicitor 0FRM OF THF,$VERlr= CUMBERLAND COUNTY PENNSYLVANIA Citibank NA Case Number vs. David R. Horn(et al.) 2012-5827 SHERIFF'S RETURN OF SERVICE 06/25/2013 04:25 PM-Deputy Noah Cline, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Sandy Gorham, girlfriend of defendant,who accepted as"Adult Person in Charge"for Carol A Horn at 8 Texaco Road, Silver Spring Township, Mechanicsburg, PA 17055. NOAH CLINE, DEPUTY 06/28/2013 05:01 PM-Deputy Tim Black, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Rosa Stanley, daughter in law,who accepted as "Adult Person in Charge"for Kelly Stanley at 7000 Wertzville Road, Silver Spring Township, Mechanicsburg, PA 17050. A TIM ISLACK, DEPUTY SHERIFF COST: $55.30 SO ANSWERS, 6 July 05, 2013 RONi3 R ANDERSON, SHERIFF (GI CountySUit2 Sheriff,Toleosoit,[no. MILSTEAD&ASSOCIATES,LLC By:Patrick J. Wesner,Esquire r �d t Attorney ID#203145 Aft'/0 33 220 Lake Drive East,Suite 301 Cherry Hill,NJ 08002 J Y�.V. TY (856)482-1400 Attorney for Plaintiff File No. 88.23755 CitiBank,N.A. COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY Vs. Estate of David R.Horn a/k/a David Reuben Horn, Deceased,and all known and unknown individuals, heirs,successors,assigns,business entities,non-profit No.: 12-5827 Civil entities,and/or charitable entities having and/or claiming any right,title,and/or interest therein, therefrom,and/or thereunder AND Kelly F.Stanley, solely as Heir and Executrix of the Estate of David R. Horn a/k/a David Reuben Horn,deceased AND Carol A.Horn,solely as heir of the Estate of David R.Horn a/k/a David Reuben Horn,Deceased. Defendants. MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff,by and through its counsel,Patrick J. Wesner,Esquire respectfully requests that this Honorable Court enter an order granting Plaintiff's Motion for Service Pursuant to Special Order of Court in the above captioned matter and in support thereof avers the following: L PARTIES 1. Plaintiff is a Pennsylvania corporation registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 1000 Technology Drive,O'Fallon,MO 63368. 2. Defendant is Unknown Heirs, successors,assigns and all persons, firms or associations claiming right,title or interest from or under David R.Horn,Deceased Mortgagor and Real Owner. 3. Kelly F. Stanley and Carol A.Horn,as individuals and as known heirs of deceased David R.Horn, Deceased Mortgagor and Real Owner and Unknown Heirs,successors,assigns and all persons,firms or associations claiming right,title or interest from or under David R.Horn,Deceased Mortgagor and Real Owner,(collectively,the "Defendants"),are adult individuals and are the real owners of the premises hereinafter described. The said David R.Horn departed this life on February 5,2011. U. BACKGROUND 4. Plaintiff had determined that Kelly F. Stanley and Carol A.Horn,Known Heirs of David R.Horn, Deceased Real Owner are the known heirs of David R.Horn and have been named as Defendants herein. 5. On August 12,2005,in consideration of a loan in the principal amount of$120,000.00,David R. Horn,Deceased Mortgagor and Real Owner and Janet C.Horn,executed and delivered to CitiBank,Federal Savings Bank a Note(the"Note")with interest thereon at percent per annum. 6. To secure the obligations under the Note,Defendant David R.Horn,Deceased Mortgagor and Real Owner executed and delivered to CitiBank,Federal Savings Bank a mortgage(the"Mortgage")dated August 12,2005. 7. Plaintiff has contacted the Register of Wills Office in Cumberland County and has determined that there has not been an estate raised. With no estate having been raised on behalf of David R.Horn,Plaintiff has also named the Estate of David R.Horn a/k/a David Reuben Horn,Deceased,and all known and unknown individuals, heirs,successors,assigns,business entities,non-profit entities,and/or charitable entities having and/or claiming any right,title,and/or interest therein,therefrom,and/or thereunder as a Defendant. 8. The Mortgage secures the following real property(the"Mortgaged Premises"): 609 Robert Street, Mechanicsburg,PA 17055. III. RELIEF REQUESTED 9. In order to convey clear and marketable title,Plaintiff must name as a defendant the unknown heirs,successors,assigns,and all person,firms or associations claiming right,title or interest from or under the decedent mortgagor. 10. It deserves special mention that Plaintiff's action is merely seeking a judgment in rem in order to divest all claims against the Property. 11. Because there may be parties with an interest in the Property who Plaintiff does not know of, Plaintiff must effectuate service through Special Order of Court. 12. Plaintiff will never be able to personally serve the complaint and subsequent pleadings upon the Estate of David R.Horn a/k/a David Reuben Horn,Deceased,and all known and unknown individuals,heirs, successors,assigns,business entities,non-profit entities,and/or charitable entities having and/or claiming any right, title,and/or interest therein,therefrom,and/or thereunder. 13. In order to effectuate service upon the unknown heirs,successors,assigns,and all persons,firms or associations claiming rights title or interest from or under the decedent mortgagor and real owner,Plaintiff is seeking a Special Order of Court pursuant to Pennsylvania Rule of Civil Procedure 430 allowing Plaintiff to serve the complaint by certified and regular mail,posting the mortgaged premises and by publication. 14. Pursuant to Pennsylvania Rule of Civil Procedure 430(b)(2),service upon Unknown Heirs may be made by publication. WHEREFORE,Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint by certified and regular mail,posting of the mortgaged premises,and publication and further directing that the Plaintiff may serve all subsequent notices and pleadings that require personal service in the manner set forth above. Respectfully submitted, Milstead&Associates,LLC c1c i enner, s,u' Attorney ID No.:203145 Attorney for Plainti MILSTEAD&ASSOCIATES,LLC By:Patrick J. Wesner,Esquire Attorney I13#203145 220 Lake Drive East, Suite 301 Cherry Hill,NJ 08002 (856)482-1400 Attorney for Plaintiff File No. 88.23755 CitiBank,N.A. COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY Vs. Estate of David R.Horn a/k/a David Reuben Horn, Deceased,and all known and unknown individuals, heirs,successors,assigns,business entities,non-profit No.: 12-5827 Civil entities,and/or charitable entities having and/or claiming any right,title,and/or interest therein, therefrom,and/or thereunder AND Kelly F.Stanley, solely as Heir and Executrix of the Estate of David R. Horn a/k/a David Reuben Horn,deceased AND Carol A.Horn,solely as heir of the Estate of David R.Horn a/k/a David Reuben Horn,Deceased. Defendants. MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR ALTERNATIVE SERVICE I. INTRODUCTION This matter comes before the Court upon the motion of Plaintiff,an order permitting substituted service pursuant to Pa.R.C.P.430(x)upon the Defendant,Unknown heirs, successors,assigns and all persons,firms or associations claiming right,title or interest under David R.Horn,Deceased Mortgagor and Real Owner(the "Defendant")in this action. II. FACTS Plaintiff is a Pennsylvania corporation registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 1000 Technology Drive,O'Fallon,MO 63368. Defendant is Unknown Heirs, successors,assigns and all persons, firms or associations claiming right,title or interest from or under David R.Horn,Deceased Mortgagor and Real Owner. Kelly F. Stanley and Carol A.Horn,individuals and as known heirs of deceased David R.Horn,Deceased Mortgagor and Real Owner and Unknown Heirs,successors, assigns and all persons, firms or associations claiming right,title or interest from or under David R.Horn,Deceased Mortgagor and Real Owner,(collectively,the "Defendants"),are adult individuals and are the real owners of the premises hereinafter described. The said David R.Horn departed this life on February 5,2011. Plaintiff had determined that Kelly F. Stanley and Carol A.Horn,Known Heirs of David R.Horn, Deceased Real Owner are the known heirs of David R.Horn and have been named as Defendants herein. On August 12,2005,in consideration of a loan in the principal amount of$120,000.00,David R.Horn, Deceased Mortgagor and Real Owner and Janet C.Horn,executed and delivered to CitiBank,Federal Savings Bank a Note(the"Note")with interest thereon at percent per annum. To secure the obligations under the Note,Defendant David R_Horn,Deceased Mortgagor and Real Owner executed and delivered to CitiBank,Federal Savings Bank a mortgage(the"Mortgage")dated August 12,2005. Plaintiff has contacted the Register of Wills Office in Cumberland County and has determined that there has not been an estate raised. With no estate having been raised on behalf of David R.Horn,Plaintiff has also named the Estate of David R.Horn a/k/a David Reuben Horn,Deceased,and all known and unknown individuals, heirs,successors,assigns,business entities,non-profit entities,and/or charitable entities having and/or claiming any right,title,and/or interest therein,therefrom,and/or thereunder as a Defendant. The Mortgage secures the following real property(the"Mortgaged Premises"): 609 Robert Street, Mechanicsburg,PA 17055. III. RELIEF REQUESTED In order to convey clear and marketable title,Plaintiff must name as a defendant the unknown heirs, successors,assigns,and all person,firms or associations claiming right,title or interest from or under the decedent mortgagor. It deserves special mention that Plaintiff's action is merely seeking a judgment in rem in order to divest all claims against the Property. Because there may be parties with an interest in the Property who Plaintiff does not know of,Plaintiff must effectuate service through Special Order of Court. Plaintiff will never be able to personally serve the complaint and subsequent pleadings upon the Unknown Heirs,successors,assigns and all persons,firms or associations claiming right,title or interest under David R.Horn, Deceased Mortgagor and Real Owner. In order to effectuate service upon the unknown heirs,successors,assigns,and all persons, firms or associations claiming rights title or interest from or under the decedent mortgagor and real owner,Plaintiff is seeking a Special Order of Court pursuant to Pennsylvania Rule of Civil Procedure 430 allowing Plaintiff to serve the complaint by certified and regular mail,posting the mortgaged premises and by publication. Pursuant to Pennsylvania Rule of Civil Procedure 430(b)(2),service upon Unknown Heirs may be made by publication. V1. LEGAL ARGUMENT According to Pa.R.C.P.430(a),a plaintiff may petition the court to provide an alternative method of service if the plaintiff cannot effectuate service upon the defendant. The rule requires the affidavit presented in support of the motion for alternative service to state"the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made."Pa.R.C.Pro.430(a). The purpose of this procedure is to provide proof that a good faith effort has been made to effect service under normal methods. Rule 430 provides in pertinent part: If service cannot be made under the applicable rule the plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Pa.R.Civ.P.430(a). It 1is well settled that,pursuant to Pa.R.Civ.P.430(a),a method of substituted service which is reasonable calculated to give actual notice depending upon"what is reasonable under the circumstances,considering the interest at stake and the burden of providing notice"is acceptable. Romeo v.Looks,369 Pa. Super.608,616 (1987). Clearly,service upon the Defendant at the Defendant's last known address,by posting the Property subject to the action and by publication is reasonably calculated to provide notice to the Defendant in light of the efforts already made by the Plaintiff. Plaintiff has attached an affidavit to its Motion which sets forth the nature and extent of the investigation which has been made to determine the whereabouts of the Defendants. The Motion and the affidavit illustrate that Plaintiff has made a good faith effort to effectuate service under normal methods. Furthermore,Pennsylvania Rule of Civil Procedure 430(b)(2)specifically provides: (2) When service is made by publication upon the heirs and assigns of a named former owner or party in interest,the court may permit publication against the heirs or assigns generally if it is set forth in the complaint or an affidavit that they are unknown. Plaintiff has named the Unknown Heirs,successors,assigns and all persons,firms or associations claiming right,title or interest under David R.Horn,Deceased Mortgagor and Real Owner. In light of all of the above,substituted service in this instant is appropriate under Pa.R.Civ.P.430(a)and 430(b)(2). IV. CONCLUSION For the foregoing reasons,Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint in Mortgage Foreclosure by certified and regular mail to the Defendants'last known address,by posting of the mortgaged Premises,and by publication and further directing that the Plaintiff may serve all subsequent notices and pleadings that require personal service in the manner set forth. Respectfully submitted Milstead&Associates,LLG �tt6 , q uire Attorney ID N .:2 3145 MILSTEAD&ASSOCIATES,LLC By:Patrick J. Wesner,Esquire Attorney I13#203145 220 Lake Drive East, Suite 301 Cherry Hill,NJ 08002 (856)482-1400 Attorney for Plaintiff File No. 88.23755 CitiBank,N.A. COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY Vs. Estate of David R.Horn a/k/a David Reuben Horn, Deceased,and all known and unknown individuals, heirs,successors,assigns,business entities,non-profit No.: 12-5827 Civil entities,and/or charitable entities having and/or claiming any right,title,and/or interest therein, therefrom,and/or thereunder AND Kelly F.Stanley, solely as Heir and Executrix of the Estate of David R. Horn a/k/a David Reuben Horn,deceased AND Carol A.Horn,solely as heir of the Estate of David R.Horn a/k/a David Reuben Horn,Deceased. Defendants. CERTIFICATE OF SERVICE I,Patrick J.Wesner,Esquire,counsel for Plaintiff,hereby certify that a copy of the foregoing M_otion for jf j-1:L Alternative Service]was served on the following person by first class mail,postage prepaid,on the k0 day of vl � Vr T ,2013 Estate of David R.Horn a/k/a David Reuben Horn, Deceased,and all known and unknown individuals, heirs,successors,assigns,business entities,non-profit entities,and/or charitable entities having and/or claiming any right,title,and/or interest therein, therefrom,and/or thereunder 609 Robert Street, Mechanicsburg,PA 17055 c Pa ire ome y - o : 03145 MILSTEAD & ASSOCIATES, LLCG BY: Patrick J. Wesner, Esquire ; , ID No. 203145 C 220 Lake Drive East, Suite 301 'L Cherry Hill,NJ 08002EliAS}' lUjf (856)482-1400 Attorney for Plaintiff A _ File No. 88.23755 COURT OF COMMON PLEAS CitiBank,N.A. Plaintiff, i CUMBERLAND COUNTY Vs. Estate of David R.Horn aka David Reuben Horn,et; al., Defendant. ' No.: 12-5827 Civil WITHDRAW/ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearances of Richard M. Squire, Esquire and M. Troy Freedman, Esquire, as counsels for the Plaintiff, and kindly enter my appearance on behalf of the Plaintiff, CitiMortgage, Inc., in the above captioned matter. RICHARD Y. SQUI ASSO IATES, LLC By 'chard M. Squire, Es Withdrawing Counsel RICHARD M. SQUIRE & ASSOCIATES, LLC By: M. Troy eedman, Esquire Wit awing Counsel MILSTEAD &ASSOCIATES, LLC r, squire Attorney for P ai fff MILSTEAD&ASSOCIATES,LLC By:Patrick J.Wesner,Esquire �� p Attorney ID#203145 220 Lake Drive East,Suite 301 um ��( �i � ' T $ Cherry Hill,NJ 08002 P64NSY����'��� (856)482-1400 Attorney for Plaintiff File No. 88.23755 CitiBank,N.A. COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY Vs. Estate of David R.Horn a/k/a David Reuben Horn, Deceased,and all known and unknown individuals, heirs,successors,assigns,business entities,non- No.: 12-5827 Civil profit entities,and/or charitable entities having and/or claiming any right,title,and/or interest therein,therefrom,and/or thereunder AND Kelly F. 1 Stanley,solely as Heir and Executrix of the Estate of David R.Horn a/k/a David Reuben Horn,deceased AND Carol A.Horn,solely as heir of the Estate of David R.Horn a/k/a David Reuben Horn,Deceased. Defendants. ' ORDER AND NOW,this /Z day of w.'o ,2013,upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court,it is hereby: ORDERED that Plaintiff may effectuate service of the Complaint in Mortgage Foreclosure on the Estate of David R.Horn a/k/a David Reuben Horn,Deceased,and all known and unknown individuals,heirs,successors, assigns,business entities,non-profit entities,and/or charitable entities having and/or claiming any right,title,and/or interest therein,therefrom,and/or thereunder(the"Defendant"),by mailing a true and correct copy of the Complaint in Mortgage Foreclosure by certified and regular mail to the Defendant's last known address of 609 Robert Street, Mechanicsburg,PA 17055;by posting upon the real property commonly known as 609 Robert Street, Mechanicsburg,PA 17055;and by one publication of a notice of the filing of the Complaint pursuant to Pa.R.C.P. 430(b)(1). I FURTHER,it is ORDERED that the Plaintiff may serve all subsequent notices and pleadings that require personal service in the manner set forth above. Service shall be deemed effectuated and completed upon the publication,posting,or mailing whichever is later. n^ L BY TH OURT , 7 . J. 1=fil7 (�-�- Imo' • lc �s'.c�l� MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire 20!3 OCT 21 it' 10• 58 ID No. 203145 220 Lake Drive East, Suite 301 CUt 1SERLA Q COUNT'' Cherry Hill,NJ 08002 PENNSYLVANIA (856)482-1400 Attorney for Plaintiff File No. 88.23755 Citibank N.A., COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY Vs. Estate of David R. Horn a/k/a David Reuben Horn,Deceased, and all known and No.: 12-5827 Civil unknown individuals, heirs, successors, assigns, business entities, non-profit Praecipe to Reinstate Complaint in entities, and/or charitable entities having Mortgage Foreclosure and/or claiming any right, title, and/or interest therein,therefrom, and/or thereunder AND Kelly F. Stanley,solely as Heir and Executrix of the Estate of David R. Horn a/k/a David Reuben Horn, deceased AND Carol A. Horn, solely as heir of the Estate of David R. Horn a/k/a David Reuben Horn, Deceased. Defendants. TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure for the above captioned matter. MILSTEAD &ASSOC ATES, LLC 41 Patrick J. Wesner, Esquire Attorney ID No. 203145 C3) Q kSi 1),1spd afht cid+ licis9 .724 X 03 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy fl F '- Richard W Stewart Solicitor },Lit L $ s I Citibank NA vs. Case Number David R. Horn (et al.) 2012-5827 SHERIFF'S RETURN OF SERVICE 10/23/2013 10:29 AM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Estate of David R Horn a/k/a David Reuben Horn Deceased, and all known and unknown individuals, heirs, successors, assigns, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as"Not Found"at 609 Robert Street, Mechanicsburg Borough, Mechanicsburg, PA 17055. Residence is vacant. 0 ie2 STEPHEN BENDER, DEPUTY SHERIFF COST: $44.30 SO ANSWERS, October 25, 2013 RONNY R ANDERSON, SHERIFF MILSTEAD & ASSOCIATES, LLC } :01 HONO BY: Patrick J. Wesner, Esquire 2d3 : i ID No. 203145 220 Lake Drive East, Suite 301 3 N B E R L A D COUNTY Cherry Hill,NJ 08002 PENNSYLVANIA (856) 482-1400 Attorney for Plaintiff File No. 88.23755 Citibank N.A., COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY Vs. Estate of David R. Horn a/k/a David Reuben Horn, Deceased, and all known and No.: 12-5827 Civil unknown individuals,heirs, successors, assigns, business entities, non-profit Praecipe to Reinstate Complaint in entities, and/or charitable entities having Mortgage Foreclosure and/or claiming any right, title, and/or interest therein, therefrom, and/or thereunder AND Kelly F. Stanley, solely as Heir and Executrix of the Estate of David R. Horn a/k/a David Reuben Horn, deceased AND Carol A. Horn, solely as heir of the Estate of David R. Horn a/k/a David Reuben Horn,Deceased. Defendants. TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure for the above captioned matter. MILSTEAD & ASSOCIATES, C Ati Patrick J. . e $- ..011 ire (` * e -- i o. 20311,5 C)# /' s7ss <14 aq -19(1)3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY L ­0 Ronny R Anderson Sheriff THONOT J�HE PROM�',Y 0tp tit CIIMPP4114 Jody S Smith Chief Deputy 2613 NOV 20 AM If: 07 Richard W Stewart CUMBERLAND COUNTY Solicitor OFFICE OF THE VERIFF PENNSYLVANIA Citibank NA Case Number vs- David R. Horn (et al.) 2012-5827 SHERIFF'S RETURN OF SERVICE 11/15/2013 03-23 PM- Deputy Shawn Harrison, being duly sworn according to law, serve 4 requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in rt, �ge I�oreclosure upon the within named Defendant,to wit: The Estate of David R Horn a/k/a Davi ben F orn Deceased, and all known, pursuant to Order of Court by"Posting"the premises located ober Street, Mechanicsburg Borough, Mechanicsburg, PA 17055 with a true and c r t opy ccordi g to law. S AWN NNA<RISON, DEPUTY SHERIFF COST: $45.76 SO ANSWERS, November 18, 2013 RbNN"(R ANDERSON, SHERIFF (C)CounlySulie Sheriff,Teleosoft,Inc. • MILSTEAD & ASSOCIATES, LLC BY: Patrick J. Wesner, Esquire ,fib 1.'01, Attorney for Plaintiff 4 / , ,ci Jo: j -,■ ID No. 203145 � 220 Lake Drive East, Suite 301 %�1>t � � � � " r,_ Cherry Hill,NJ 08002 LW�R�l1� (856)482-1400 File# 88.23755 Citibank N.A., COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY Vs. Estate of David R. Horn a/k/a David Reuben Horn, Deceased, and all known and unknown individuals,heirs, successors, No.: 12-5827 Civil assigns, business entities, non-profit entities, and/or charitable entities having Praecipe to Reinstate Complaint in and/or claiming any right,title, and/or Mortgage Foreclosure interest therein,therefrom, and/or thereunder AND Kelly F. Stanley, solely as Heir and Executrix of the Estate of David R. Horn a/k/a David Reuben Horn, deceased AND Carol A. Horn, solely as heir of the Estate of David R. Horn a/k/a David Reuben Horn, Deceased. Defendants. AFFIDAVIT OF SERVICE I, Patrick J. Wesner, Esquire, say that Defendant, Estate of David R. Horn a/k/a David Reuben Horn, Deceased, and all known and unknown individuals, heirs, successors, assigns, business entities, non-profit entities, and/or charitable entities having and/or claiming any right, title, and/or interest therein, therefrom, and/or thereunder, was served with the Complaint in Mortgage Foreclosure on November 20, 2013 by regular and certified mail per the terms of the court order at 609 Robert Street, Mechanicsburg, PA 17055. A copy of the Proofs of Mailing is attached hereto and made a part hereof as Exhibit"A." I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. 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Stanley, solely as Heir and Executrix . : of the Estate of David R.Horn a/k/a/David David Reuben Horn, Deceased and Carol A. Horn, solely as Heir of the Estate of (-) N) David R. Horn a/k/a David Reuben Horn, Deceased r Defendants > -1 `*" Aar- PRAECIPE TO ENTER APPEARANCE To David D. Buell,,Prothonotary: Please enter my appearance on behalf of the following Defendants: Estate of David R. Horn, a/k/a David Reuben Horn, Deceased; and Kelly F. Stanley, as Heir and Executrix of the Estate of David R. Horn, in the above captioned case. Respectfully Submitted, IRWIN & McKNIGHT,P.C. -44 OlAZA Douglas /Miller, Esquire Supreme Court I.D.No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717)249-2353 Date: December 26, 2013 CitiMortgage,Inc. : IN THE COURT OF COMMON PLEAS Plaintiff, : OF CUMBERLAND COUNTY, : PENNSYLVANIA v. • Estate of David R. Horn a/k/a David Reuben . Horn,Deceased, and NO. 2012—5827 CIVIL. Kelly f. Stanley, solely as Heir and Executrix . of the Estate of David R. Horn a/k/a/David David Reuben Horn, Deceased and Carol A. Horn, solely as Heir of the Estate of . David R. Horn a/k/a David Reuben Horn, : Deceased Defendants CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing Praecipe upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Patrick J. Wesner, Esq. Carol A. Horn Milstead &Associates, LLC 9 Texaco Road 220 Lake Drive East, Suite 301 Mechanicsburg, PA 17055 Cherry Hill,NJ 08002 IRWIN & McKNIGHT,P.C. i44 Jai /1 Douglas G/ i11er,Esquire Supreme Court I.D.No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717)249-2353 Date: December 26, 2013 2 MILSTEAD &ASSOCIATES LLCfe 'o BY: Patrick J. Wesner, Esquire 2014 J ID No. 203145 �' 0; 220 Lake Drive East, Suite 301 J'aERLANo Cherry Hill,NJ 08002 E kS YL UAN/A Ty (856) 482-1400 Attorney for Plaintiff 88.23755 Citibank N.A., COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. ' No.: 12-5827 Civil Estate of David R. Horn a/k/a David Reuben Horn, Deceased, and all known and Praecipe to Dismiss the Mort$tafte unknown individuals,heirs, successors, Foreclosure Action without Prejudice assigns„ and Kelly F. Stanley, solely as Heir and Executrix of the Estate of David R. Horn a/k/a David Reuben Horn, Deceased, and Carol A. Horn,solely as heir of the Estate of David R. Horn a/k/a David Reuben Horn,Deceased, Defendant(s). TO THE PROTHONOTARY: Kindly dismiss the above captioned Mortgage Foreclosure Complaint without Prejudice. MILSTEAD &ASS CIATES, C Patrick J. W8VZ�k-S4 re Attorney ID No. 0314