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HomeMy WebLinkAbout12-7013 n n t r ~3 ~ 5~ ~~ Ir'l 1~ /~ 4 p 1 :. . ., t ,~ ~1~ ~,,ry eGU~~T~~~ PHELAN HALLINAN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 Plaintiff v. HENRY D. RHINEHART SHIRLEY L. RHINEHART 119 OXFORD ROAD GARDNERS, PA 17324-8807 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM No. ~ a. CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE a~ '""'3'~Spd ~~ CK-~ ~au~¢aa 12~ afi3a~S File #: 308070 NOTICE You have been sued in Court. If you wish to defend against the claims set Earth 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 f ling 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 reduested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TU HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROV[DE YOU WITI-I INFORMATION ABOt1T AGENCIES TEIAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY' ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COUR'T}-IOt1SE 2 LIBERTY AVF,NtJF.. CARLISLE, PA 17013 (71.7) 249-31b6 {800)990-9108 File #: 308070 Plaintif~'is CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 2. !I'he name(s) and last known address(es) of the Defendant(s) are: HENRY D. RHINEHART SHIRLEY L. RHINEHART 119 OXFORD ROAD GARDNERS, I'A 17324-8807 wh.o is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/21/2007 HENRY D. RH[NEHART and SHIRLEY L. RHINEHART made, ehecuted and delivered. a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR CITIMORTGAGE INC. which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1990, Page 4914. By Assignment of Mortgage recorded 04/01/201.1 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201 109980.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(8); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upvn said mortgage due US/O1/2012 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified File ~~ 3QR~7~ by written. notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. 'The following amounts are due on the mortgage as of 09/06/201.2: Principal Balance $120,953.02 Interest $3,318.43 04/01/2012 through 09/06/2012 Late Charges $336.35 Escrow Deficit 1 969.24 TOTAL $126,577.04 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of 1-Iomeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing F finance Agency. Foie ~: .,oso~o WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $126,577.04, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & By: ells,~sq., Id. No.309519 Attorney File #: 308070 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with improvements erected thereon, situate in south Middleton township, Cumberland county, Pennsylvania, bounded and described in accordance with a certain final subdivision plan for Jean F... Rhinehart by Eric L. Diffenbaugh, professional land surveyor, file no. 02003, dated March. 15, 2002 and revised April 1.7, 2002, consisting of one page, a copy of which is to be recorded in Cumberland county plan book 61 at page 53, as follows, to wit: BEGINNING at an existing nail and cap on the centerline of Oxford road ('C-536) at line of lands now or formerly of Ray K. Pentz; thence along said centerline, south 17 degrees 30 minutes 22 seconds west 453.43 feet to an existing parker Kalon nail at line of lands now or formerly of Thomas H. Rhinehart; thence, by said lands now or formerly of Thomas H. Rhinehart, north 77 degrees 26 minutes 29 seconds west, and. through an iron pin 25.03 feet distant from the beginning of this course, 364.50 feet to a set concrete monument; thence, along the dividing line between lot 1 and lot 2 of the final subdivision plan for Jean E. Rhinehart, north 77 degrees 26 minutes 29 seconds west 1,293.54 feet to a set iron pin in stones at line of lands now or formerly of the commonwealth of Pennsylvania; thence, by said lands now or formerly of the commonwealth of Pennsylvania, north 25 degrees 1 1 minutes OS seconds east 947.98 feet to a set iron pin in stones at line of lands now or formerly of Charles P. Rhinehart; thence, by said lands now or formerly of Charles P. Rhinehart, south 62 degrees 14 minutes 22 seconds east 9>0.31 feet to set iron pin at line of lands now or formerly of Ray K. Pentz; thence, by said lands now or formerly of Ray K. Pentz, south 52 degrees 24 minutes l4 seconds east 519.35 feet to a set iron pin; thence, continuing by said lands now or formerly of Pentr, south 72 degrees ~6 minutes 11 F+i~ ~ ~~so~o seconds east 122.00 feet to an existing nail. and cap on the centerline of Oxford road (T-536), the point and place of beginning. CONTAINING 25,9941 acres, more or less. TAX ID #: 40-14-0142-019 BY fee simple deed from Jean E. Rhinehart, widow, as set forth in deed book 259, page 4423 and recorded on 10/15/2003, Cumberland county records. THE source deed as stated. above is the last record of vesting filed for this property. There have been no vesting changes since the date of the above referenced source. PROPERTY ADDRESS: 1.1.9 OXFORD ROAD, GARDNERS, PA 1.7324-8807 PARCEL # 40-14-0142-019 F;ie ~: 3oxo~o VERIFICATION William Huighe, hereby states that he is employed as a Document Control Officer of CITIMORTGAGE, INC., the Plaintiff in this matter and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: ~1 ~~~- File#: 308070 Name: RHINEHART {(/' 1 Y Name: William Title: Document Control Officer Attorney File No.: 308070 FORM I CITIMORTGAGE, INC. Plaintiff(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA _.. ~, °_;;` i.: f.~7 ~+ ~~ vs. HENRY D. RHINEHART SHIRLEY L. RHINEHART Defendant(s) ~_, t;. - ; , ~ ~~~ Ti t~ - _ ..~ _. Civil ''~ ,- ~:~ ~~~~ MORTGAGE FORECL~T ~.a .. NOTICE OF RESIDENTIAL 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 acourt-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 Mid'enn 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 represaative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested fmancial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a fmancial worksheet in the format attached hereto, the legal representative will prepare and a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested fmancial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity tomeet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BOKROWER REQUEST FOR HARDSI-TIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: Ciri~: [s the property for sale? Realtor Name: Borrower Occupied`? Mailing Address (if different): City: Phone Numbers: State: Zip: Yes ^ No ^ Listing date: Price: $ Realtor Phone: Yes ^ No ^ Home: Cell: State: 'Lip: Email: # of people in household: How long? Mailing Address: Citv Phone Numbers: Email: # of people in household: Home: Office: Cell: Other: How long`? first Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: 'type of Loan: Loan Number: 'T'otal Mortgage Payments Amount: $ Date of Last Payment: Included Taxes & Insurance: State: Zip: Office: Other: Primar;y Reason for Default: Is the loan in Bankruptcy? Yes ^ No ^ if yes, provide names, location of count, case number & attorney: Assets Home: Other Real Estate: Retirement Funds: Investments: Checking: Savings: Other: Automobile #l: Model: Amount Owed: Value: $ $ $ $ $ $ $ $ $ $ $ $ $ $ - Amount owed: Value: Automobile #2: Model: Amount owed: Value: Other transportation (automobiles, boats, motorcyclesl: Model: Year: Amount owed: Value Monthly Income Name of Employers: Year: Year: 1. Monthly Gross Monthly Net _ _ Monthly Gross Monthly Net 3. _ Monthly Gross Monthly Net Additional Income Description (not wages): 1, monthly amount: ? monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Moat 7a e Food 2"`' Mort Tae Utilities Car Pa meats Condo/Nei .Fees Auto Insurance Med. not covered Auto fuel/re airs Other ro a ment install. Loan Pa ment Cable TV Child Su ort/Alien. S endin Mone Da /Child Care/Tuit. Other F,x enses 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: ~.Inall: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assista~~TCe? Yes ^ No ^ if }'es, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ^ No ^ if yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact {Name): Phone: Servicing Company (Name): Contact: Phone: l/We, .authorize the above named _ to use/refer this information to my lender/servicer for the sole purpose of'~valuating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co-Borrower Signature Date ~, Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ,._ t '~ 5~~~1`~~ ~~ LEI l171F~.~,f~~ ~ . r7 Jody S Smith ~~ ~ X "' 4=; r-~ " Chief Deputy ~~ ~ ~ '"~` ~ ~ ~ Richard W Stewart ~ , ~"z' ;,mac ;~ Nr ~ '"` Solkitor ..C~ -.,.r -~- ° ,~~ -~ ~ ~~-~' ~, Citimortgage, Inc `~ ^`~Y '~ "'~ Case plumber vs. 2012-7013 Henry D Rhinehart (et al.) SHERIFF'S RETURN OF SERVICE 11/21/2012 10:05 AM -Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Henry D Rhinehart at 119 Oxford Road, South Middleton Township, Gardners, PA 17324-8807. s-~-~--- .---~~~ ~ON KINSLER, DEPUTY 11/21/2012 10:05 AM -Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Shirley L Rhinehart at 119 Oxford Road, South Middleton Township, Gardners, PA 17324-8807. SHERIFF COST: $55.00 November 26, 2012 r r~ J ON KINSLER, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY CITIMORTGAGE,INC. IRS#308070 r- 3 DEFENDANT SERVICE TEAM lath HENRY D.RHINEHART COURT NO.:12-7013-CIVIL SHIRLEY L.RHINEHART SERVE SHIRLEY L.RHINEHART AT: TYPE OF ACTION U) 119 OXFORD ROAD XX Notice of Sheriff's Sale GARDNERS,PA 17324-8807 SALE DATE: June 5,2013 + C– SERVED Served and made known to SHIRLEY L.RHINEHART,Defendant on the day of t4 20 r3 42.El o'clock P M.,at I OP-4 in the manner described below: —Defendant lVersonally served. X Adult family mem witWn D f dant(4reside(s). Relationship is ( t r- -Adult in charge of Defen i's residence who refuseeto give name or relationship. —Manager/Clerk of place of lodging in which Defendant(s)reside(s). —Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age q6 1S Height 511 Weight (9 0 Race 1A) Sex Other r 1, a competent adult,hereby verify that I personally tanded a true and correct copy of the Notice of theriff s Sale in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 3 3 NAME: PRINTED NAME:/ -1 eltV 2umampouit) TITLE: ProcfSs �ep-vtg- -1— NOT SERVED On the day of 20 ,at o'clock_.M.,1, a competent adult hereby state that NeTenznt NOT FOUND becau—: Vacant Does Not Exist Moved Does Not Reside(Not Vacant) No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY CITIMORTGAGE,INC. PHS#308070 DEFENDANT SERVICE TEAM!Ixh HENRY D.RHINEHART COURT NO.:12-7013-CIVIL SHIRLEY L.RHINEHART +' SERVE HENRY D.RHINEHART AT: TYPE OF ACTION 119 OXFORD ROAD XX Nance of Sheriff's Sale , a GARDNERS,PA 17324-8807 SALE DATE: June 5,2013 =" SERVED Served and made known to HENRY D.RHI +HAR ' efendant on theS day of ,LU at �,o'clock frsonally M.,at QS?� in the manner described below: Defendant served. Adult family member{�th w om Defendant(s)r ide s). Relationship is�L per C f"t Ck�e_ _Adult in charge of Defen�esidence who refused to give name or relationship. _Manager/Clerk of place of lodging in which Defendant(s)reside(s). __Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age tS Height--•• Weight D Race V Sex—F—Other 1, NIf if Y - _, a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Slicriff s Sale in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. A DATE: �'� NAME: ^ PRINTED NA `e J tE/7'7 m 0 GC the TITLE:. 1) d NOT SERVED On the da of 20 at o'clock_.M.,1, a competent adult hereby state that Me endyant NO`I"FOUND Because: _Vacant _Does Not Exist _Moved T Does Not Reside(Not Vacant) _No Answer on at at Service Refused Other: 1 understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallman,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 D1 (�S C= G7 MW rn 2� -[ rq U)t" O ' 2> w PHELAN HALLINAN,LLP Attorney for Plaintiff r-= =-n Meredith Wooters,Esq., Id.No.307207 n -' 1617 JFK Boulevard,Suite 1400 �© E; �r One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CITIMORTGAGE,INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION HENRY D.RHINEHART SHIRLEY L.RHINEHART No.: 12-7013-CIVIL Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a)Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa.R.C.P. 3129.2(c)on each of the persons or parties named,at that address,set forth on the Affidavit and as amended if applicable.A copy of the Certificate of Mailing(Form 3817) and/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"A". tft�W umau Meredith ooters,Esq.,Id.No.307207 Attorney for Plaintiff Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS#308070 s } Name and Phelan Hallinan,LLP Address 1617 JFK Boulevard,Suite 1400 Of Sender One Penn Center Plana Philadel hin,PA 191.03 AZK/ELT, 0610J2013 SALE I iee Arliria Nltmtu.r Name at Addressee Street,and Post OMee Address Pacts r. 1 ♦r.. S TENANT/OCCUPANT E 119 OXFORD ROAD " $0 44 2 `"" COMMOMVEALTH OFPENNSYLVANIA BUREAU OF INDIVIDUAL TAXES INIiERITANCE TAX ° r DIVISION $0.44 d "' 6TH FLOOR,STRAWBERRY SQ. 4 DEPT 280601 HARRISBURG PA 17128 3 "*» DEPARTMENT OF PUBLIC WELFARE,TPL CASUALTY UNIT,ESTATE RECOVERY PR w w P.O.BOX 8486 OGRAM $O.Aq � ° - %I WILLOW OAR BUILDING HARRISBURG PA 17105 as raT °«a 4 1++ DOMEST)CRELA'�'IONSOF "100 CUMBERLAND COUNTY *.x 13 NORTH HANOVER STREET CARi.ISI,E PA 17013 5 at!► COMMONWEALTH OFPENNSYLVANIA DEPARTMENT OF WELFARE x0 14 P.O.BOX 2675 + _ 1IARRISB URG.PA 17�ID5 6 •"»• INTERNAL REVENCJE SERVICE ADViSO,RT' + ' 1000 LIBERTY AVENUE ROOM 704 • S0 �'�► PITTSBURGH PA 15222 7 '••"' U.S.DEPARTMENT OF JUSTICE U.S.ATTORNEY FOR THE MIDDLE DISTRICT OF PA $0,44 ,,` FEDERAL BUILDING 228 WALNUT STREET,SUITE 220 PO BOX 11754 ; � HARRISBURG PA 17108-.1754 RE:HENRY b.RBINFNAR'I(CU1v1BERI AND) PHS 4 30807011021 Page 1 at I Writ —a.t xorndcr _ Tw.txwtber v.'40r9z rar,rn,«>,per!!ra++c o'. T7F rAlurWuiad at.aMse wte;u:rcd un sM thwatxi,,md;nx+nrlun.e rrr a+atw,.i, nte.ae'rmra;ae�u,h}wr+ piers tutd b 5cmkr Yerrivd n rknt OFice Rte_7 int£�WWegee? fa the eemmeueAan of mnrc ubte d�cemeen orkr px dtY ►rest hied d�n'rs rrcemtron4x inarroee k SV1,GdD pee plea a+bka as sra8 orS309AW prr sxavrrence.77r mauarm 8dtvttiyfnytw sa Ceprm M41 Wr haxliw i' sm, Ttr>eufnvtr inhm uiy mabie.isnsfiao fat fmgj4md nm7,uee u'L3 aSttuul maranct^Ste DatrsGt Manl�!n►wt 5121!a.crM°mlan.cf euvtr. Form 3877 iacslmile :i ' 3 Pao fi1'0"TARY r0,1 juliff l 0 PM 1 CU��EA,L�{Pip NS YLVANI UNT Y PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE Court of Common Pleas OTALLON, MO 63368 Civil Division Plaintiff Vs Term HENRY D. RHINEHART No.2012-7013-Civil SHI:RL:EY L.RHINEHART 119 OXFORD ROAD Cumberland County GARDNERS,PA 17324-8807 Defendants MOTION TO LIFT CONCILIATION STAY Plaintiff, Citimortgage, Inc., Successor (hereinafter "Plaintiff% by its attorney, Joseph P. Schalk, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 1. On November 19, 2012, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendants for their failure to snake monthly payments of principal and interest upon their mortgage due April 1, 2011, and each month thereafter. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit A. 2. On November 21, 2012, Plaintiff completed service on Defendants of the Complaint in Mortgage Foreclosure along with service of the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice. A true and correct copy of the Affidavit of Service is attached hereto, made part hereof and marked as Exhibit B. 308070 3. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program,the Foreclosure action is stayed for sixty (60) days from the date of service. 4. Within 60 days after service of the complaint, the Defendant may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request,the Court will schedule a Conciliation Conference. The program provides that Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of notice if not represented by counsel. 5. If more than sixty (60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendants failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty(60) days of service. 7. Due to Defendants' failure to opt in to the program, Plaintiff inadvertently proceeded with the entry of judgment prior to lifting the stay imposed by the Diversion Program on January 10, 2013. 8. Defendants received service of the Complaint, had an opportunity to enter the Diversion Program and had an opportunity to defend the foreclosure action, but opted instead to take no action whatsoever with respect to this matter. 9. Since Defendants have opted not to participate in the Diversion Program or litigated the instant foreclosure action, it is appropriate for the stay to be lifted nunc pro tune and the judgment confirmed. 308070 WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program, the stay be lifted nune pro tunc, and the default judgment entered January 10, 2013 is hereby confirmed. Respectfully submitted, PHELAN HALLINAN, LLP Date: 3 BY: josep halk, squire for Plaintiff 308070 Exhibit A =r N PHELAN HALLINAN&SCHMIEG,LLP Allison F.Wells,Esq.,Id.No.309519 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia,PA 19103 215-563-7000 CITTMORTGAGE, INC. 1000 TECHNOLOGY DRIVE COURT OF COMMON PLEAS O'FALLON,MO 63368 CIVIL DIVISION Plaintiff V. TERM HENRY D.RHINEHART NO. 013 SHIRLEY L.RHINEHART 119 OXFORD ROAD CUMBERLAND COUNTY GARDNERS,PA 173.24-8807 Defendants CIVIL ACTION- LAW COMPLAINT IN MORTGAGE FORECLOSURE A - We hereby certify that Withill to be a true and correct copy of the original filed of record File#: 308070 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 alter this Complaint and Notice are served by entering a written appearance personally or by attorney and riling in writing with the Court your defenses or objections to the claims set forth against you. You ate warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH.INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED:FEE ORNO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBEffLAN.D COUNTY BAR ASSOCIAnON CUNIBERLAND COUNTY COURTHOUSE 2 IABF.,RTY AVENUE CARLISLE,PA 17013 (717)249-3166 (800)990-9108 File k 308070 . . L Plaintiff is CITDMORTG8GFL ]N[ )000 TECHNOLOGY DRP03 O'P/\LLON,M() 63268 2. The oame(s) and last known.addreuo(eo)of thoDefendant(s)are: B{NRYD. SHIkLE Y L.RHJNEHART 119D%FQRDROAD (3A}lDNIIRS,PA 1.7324'8007 vvbnio/uu:thecoortgugoc/u\ and/nrceu| ovvnec(m) otthnprnpertybnreiuoftccdexoribed. 3. On 04/21/2007 HENRY D. R8lyJEf{ARTaud SHIRLEY]L.RH]NEBA'RTmade, sXeouted and delivered u mortgage upon the premises hereinafter described 10 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. &S A NOMINEE FOR CITIMOR:FGAGE INC. which mortgage is recorded in the Office of the Recorder nf Deeds of CUMBERLAND County, inMoriguge Book. l94O' Page 49l4. By Assignment of Mortgage recorded 04/01/20 11 the mortgage was assigned to"PLAINTIFF which Assignment is recorded in Assignment nt Mortgage Instrument No. 201 109980.The mortgage and assignment(s),if any, are matters of public record and arc incorporated herein byreferonuo \n accordance with Pu.9L.C.P. 1019(g); which Rule relieves the Plaintiff tr000 its obligations to attach documents to pleadings if those documents are n[pohiiurecord. 4. The premises subject ho said mortgage ix described uoattached. 5. Tho mortgage ioin default because monthly payments o[principal and )uturcotuyoouoid mortgage due 05/01/2012 and each month thereafter are dUc and unpaid, and by the terms of said mortgage, upon failure ofMortgagor tomake such payments after a date specified n�x mxmm by written notice sent to Mortgagor, the entire principal balance and all interest clue thereon are collectible forthwith. 6. The.following amounts are due on the mortgage as of 09/06/2012: Principal Balance $120,953.02 Interest $3,31.8.43 04/01/2012 through 09/06/2012 Late Charges $336.3.5. Escrow Deficit $1.,96,9.2 TOTAL $126(i 577JI14 7. Plaintiff is not seeking a judgment of personal liability (or an in personate judgment) against the Defendant(s) in the Action; however, Plaintiff.reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants)has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to .foreclose the-mortgage and sell the mortgaged premises pursuant to Pennsvlvania. Law. 8. Notice of.(:mention to Foreclose as set forth in Act 6 of 1974,Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendants) on the date(s) set:forth thereon, and the temporary stay as provided by said notice has terminated because De:fendant(s) has/have failed to meet with.the Plaintiff or an authorized consurner credit counseling agency, or has/have been denied assistance by the Pennsylvania,14ousing.Fi.nance Agency. File F!: 308070 WHEREFORE, Plaintiff demands an in rem judgment against the Defendants) in the sum of $126,577.04,together with interest;costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and.for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SC:I- By: Vi�ells;' q Id. No.309519 Attorney -or ?laintifl` File!l: 308070 LEGAL DESCRIPTION ALL THAI'CERTAIN lot of ground with improvements erected thereon, situate in south Middleton township, Cumberland county, Pennsylvania, bounded and described in accordance with a certain final subdivision plan for Jean E. Rhinehart by Eric L. Diffenbaugh,professional land surveyor, wile no. 02003, dated March 15, 2002 and revised April 17, 2002, consisting of one page, a copy of which is to be recorded in Cumberland county plan book 61 at page 53,as follows, to wit: BEGINrNTNG at an existing nail and cap on the centerline of Oxford road (T-536) at line of lands now or formerly of Ray K. .Pentz;thence along said centerline, south 17 degrees 30 minutes 22 seconds west 453.43 feet to an existing parker Kalon nail at line of lands now or formerly of Thomas H. Rhinehart; thence, by said lands now or formerly of Thomas I-1. Rhinehart, north 77 degrees 26 minutes 29 seconds west, and through an iron pin 25.03 feet distant from the beginning of this course, 364.50 fleet to a set concrete monument; thence, along the dividing line between lot 1 and lot 2 of the final subdivision plan for Jean I . Rhinehart, north 77 degrees 26 minutes 29 seconds west 1,293.54 feet to a set iron pin in stones at line of lands now or formerly of the commonwealth of Pennsylvania; thence, by said lands now or formerly of the commonwealth of Pennsylvania, north 25 degrees 1.1 minutes 05 seconds east 947.98 feet to a set iron pin in stories at line of lands now or formerly of Charles P. Rhinehart;thence,by said lauds now or formerly of'Charles P. Rhinehart, south 62 degrees 14 minutes 22 seconds east 930.31 feet to set iron pin at line oi'lands now or formerly o('Ray K. .Pentz;thence, by said lands now or formerly of Ray K. Pentz; south 52 degrees 24 minutes .l4 seconds east 519.35 feet to a set iron pin, thence, continuing by said lands now or formerly of Pent✓, south 72 degrees 56 minutes I 1 File#f 308070 seconds east: 122.00 feet to an existing nail and cap on the centerline of Oxford.road (T-536), the point and place of beginning. CONTAINING 25,9941 acres, more or.less. TAX III #: 40-14-0142-014 BY fee simple deed from Jean E.Rhinehart, widow, as set forth in deed book 259,page 4423 and recorded on. 10/15/2003, Cu.mberIand county records. THE source deed as stated above is the last record of vesting:filed for this property. There have been no vesting changes since the date of the above referenced source. PROPERTY ADDRESS: 1.19 OXFORD ROAD, GARDNE.RS,PA 17324-8807 PARCEL#40-14-01.42-019 file f?: 30R'O 0 VERIFICATION William Huighe, hereby states that he is employed as a Document Control Officer of CITIMORTGAGE, INC.; the Plaintiff in this matter and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. 2" Name: William; 'ig e DATE: Title:. Document Control officer Filet 308070 Name: RHINEHART Attorney File No.: 308070 FORM i. IN THE COURT OF COMMON PLEAS CITI.MORTGAGE, INC. OF CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff(s) VS. HENRY D.RHINE1 ART SHIRLEY L.RHINEHART Defendant(s) �_• Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action,you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer,you must take the following steps to be eligible for a conciliation conference. First,within twenty(20)days of your receipt of this notice,you must contact Mid?enn 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 repmseatative within twenty(20)days of the appointment date.During that meeting,you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf.. If you and your legal representative complete a financial worksheet ui the format attached hereto,the legal representative will prepare and a Request for Conciliation Conference with the Court,which must be filed with the Court within sixty(60)days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer,you and your lawyer must take the following steps to be eligible for a conciliation conference. it is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative.However,you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf.If you and your lawyer complete a financial worksheet in the format attached hereto,your lawyer will prepare and file a Request for Conciliation Conference with the Court,which must be filed within sixty(60)days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you will have an opportunity tomeet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date Allison F.Wells,Esq.,Id. No.309519 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreelosure Diversion Program Financial Worksheet Date Cuml;e_rland County Court of Common Pleas Docket# BORROWER REQUEST I-OR HARDSHIP ASSISTANCE To complete your request for hardship assistance,your lender must consider your circumstances to detennine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: CUSTOMER/PRINIARY Borrower name(s): _ Property Address: City: State: Zip: Is the property for sale? Yes❑ No❑ Listing date: Price:$ Realtor Name: Realtor Phone: Borrower Occupied'? Yes No Mailing Address(if different): _ City: State: Zip: Phone Numbers: .Home: Office: Ccl l: Other: Email: #of people in household: How long'? CO-BORROWER Mailing Address: City: State: 'Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: I-low long?. FINANCIAL INFORMATION First Ivloitgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: 'Fatal Mortgage Payments Amount: $ lncluded 'faxes&:insurance: Date of Last Payment: �. Primary Reason for Default: R Is the loan in Bankruptcy? Yes❑ NO ❑ ff yes,provide names,location of court, case number& attorney: Assets Amount.Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement.Funds: $ $ Investments: $ $ __} Cltccking: $ $ Savings: $ $. Other: $ $_ .�. Automobile#l: Model: Year: Amount owed: Value Automobile#,2:Model: Year: Amount owed: Valuer Other tra.nsportatioU fautoniobijp: ,boats. motorcycles): Model: Year: Amount owed:. Value Monthly Income Name of Employers: 1. Montifly Gross Monthly Net 3 Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description(not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Montlilv .EXpenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPF,'NSE AMOUNT Mortgage Food TT—Mortgage Utilities Car Pa rnent(s)_ Condo/Nei i.Fees Auto Insurance Med. not covered) Auto fuel/rc airs Other prop. payment Install.Loan Pa rnent Cable TV Child Su ort/Alirn. Spending Wile Day/Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income &Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone(Office): Fax: Email: Have you made ap'pl'ication for Homeowners Emergency Mortgage Assistance Program (NEMAP) assistance? Yes❑ No❑ If yes,please.indicate the status of the application: Nave you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes❑ No ❑ If yes,please indicate the status of those negotiations: _._......_ ..Please provide the following information, if known,regarding your lender and lender's loan servicing company: Lender's Contact(Name); Phone: Servicing Company (Name); Contact: Phone: • I/We, authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the counseling services provided by the above named Borrower Signature Date r Co-Borrowet•Signature Date Please forward this document along with the following:information to lender and lender's counsel: l.. Proof of income 2. Past 2.bank statements 3. Proof of any expected income for the last 45 (lays 4. Copy of a current utility bill 5. Letter explaining; reason for delinquency and any supporting documentation (hardship letter) 6. Listing; agreement (if property is currently on the market) Exhibit B SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith 'GOV'SW of c4wb414 Chief Deputy Richard W Stewart - Solicitor QFFICE OF THE 69mr-F t Citimortgage, Inc V8 Case Number Henry D Rhinehart(et al,) 2012.7013 SHERIFF'S RETURN OF SERVICE 11/21/2012 10:05 AM-Deputy Jason Kinsler,being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by"personally"handing a true copy to a person representing themselves to be the Defendant,to wit: Henry D Rhinehart at 119 Oxford Road, South Middleton Township, Gardners, PA 17324-8807. J#tON KINSt_ER, DEPUTY 1112112012 10:05 AM-Deputy Jason Kinsler, being duty sworn according to law, served the requested Complaint in Mortgage Foreclosure by"personally"handing .a true copy to a person representing themselves to be the Defendant,to wit:Shirley L Rhinehart at 119 Oxford Road, South Middleton Township,Gardners,PA 17324-8807. . JAXON KINSIER,DEPUTY SHERIFF COST:$55.00 SO ANSWERS, November 28,2012 RON R ANDERSON, SHERIFF (c)CowlystA a snw ff.7elaown,Inc. PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff CITIMORTGAGE, INC. Court of Common Pleas 1000 TECHNOLOGY DRIVE O-FALLON, MO 63368 Civil Division Plaintiff Term Vs No. 2012-7013-Civil HENRY D. RHINEHART SHIRLEY L. RHINEHART Cumberland County 119 OXFORD ROAD GARDNERS,PA 17324-8807 Defendants CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff's Motion to Lift Conciliation Stay and proposed Order were sent via first class mail to the person listed below on the date indicated: HENRY D. RHINEHART SHIRLEY L. RHINEHART 119 OXFORD ROAD GARDNERS,PA 1 7324-8807 Date: 1 B "Plaintiff stt 308070 a * t y IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE Court of Cotnmon Pleas O-FALLON, MO 63368 Civil Division Plaintiff Vs Term HENRY D.RH.INEHART No. 2012-7013-Civil SHIRLEY L. RHINEHART 119 OXFORD ROAD Cumberland County GARDNERS, PA 17324-8807 Defendants ORDER AND NOW,this /Z ` day of OrL-o - , 2013, upon consideration of Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter, it is hereby ORDERED and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed with its Mortgage Foreclosure Action. BY THE COURT: J. c -0> tv , s . �C--) na -� : 308070 CC : Henry D. Rhinehart and Shirley L. Rhinehart Joseph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff PHELAN HALLINAN, LLP Joseph P. Schalk; Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 HENRY D.RHINEHA.RT SHIRLEY L..RHINEHART 119 OXFORD ROAD GARDNERS,PA 17324-8807 308070 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ?� r _ IE�h Sheriff > r 1 iE 1 R0 i};( 1`40 TAR 1 ��w�"titr of ti.r1[srt�irpr���d � �'�""' Jody S Smith Chief Deputy 26 1 3 SEP 17 PM 3. ',� � Richard W Stewart 4t, CUMBERLA14D (COAT Y Solicitor OFFICE OF THE SHERIFF P E N 14 S Y LVA N!l Citimortgage, Inc Case Number vs. Henry D Rhinehart(et al.) 2012-7013 SHERIFF'S RETURN OF SERVICE 04/01/2013 03:33 PM -Deputy Jason Kinsler, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 119 Oxford Road, South Middleton Township, Gardners, PA 17324-8807, Cumberland County. 04/02/2013 08:44 PM -Deputy Shawn Gutshall, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Henry Rhinehart- husband, who accepted as"Adult Person in Charge"for Shirley L Rhinehart at 119 Oxford Road, South Middleton Township, Gardners, PA 17324-8807, Cumberland County. 04/02/2013 08:44 PM -Deputy Shawn Gutshall, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Henry D Rhinehart at 119 Oxford Road, South Middleton Township, Gardners, PA 17324-8807, Cumberland County. 06/03/2013 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 8/7/2013 08/02/2013 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 10/2/2013 09/17/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $844.22 SO ANSWERS, September 17, 2013 RONNY R ANDERSON, SHERIFF r,2 �iS 77'? (c)CountySuite Shenff,Teleosoft,Inc. CITIMORTGAGE,INC. COURT OF COMMON PLEAS W Plaintiff CIVIL DIVISION V. NO.: 12-7013-CIVIL HENRY D. RHINEHART - SHIRLEY L. RHINEHART Defendants CUMBERLAND COUNTY PHS#308070 AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE,INC.,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 119 OXFORD ROAD,GARDNERS,PA 17324-8807. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) HENRY D.-RHINEHART 119 OXFORD ROAD GARDNERS,PA 17324-8807 SHIRLEY L.RHINEHART 119 OXFORD ROAD GARDNERS,PA 17324-8807 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) HENRY D.RHINEHART 119 OXFORD ROAD GARDNERS,PA 17324-8807 SHIRLEY L.RHINEHART 119 OXFORD ROAD GARDNERS,PA 17324-8807 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) None. 5. ' Name and address of every other person-who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please.indicate) None. x 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,.please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address(if address cannot be reasonably ascertained,.please indicate) TENANT/OCCUPANT 119 OXFORD ROAD GARDNERS,PA 17324-8807 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 280601 INHERITANCE TAX DIVISION HARRISBURG,PA 17128 DEPARTMENT OF PUBLIC WELFARE,TPL P.O.BOX 8486 CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG,PA 17105 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754' FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: �` By: P an Hallinan,LLP Allison F.Zuckerman,Esq., Id.No.309519 Attorney for Plaintiff CITIMORTGAGE,INC. COURT OF COMMON PLEAS Plaintiff ; CIVIL DIVISION VS. : NO.: 12-7013-CIVIL HENRY D. RHINEHART , SHIRLEY L. RHINEHART : CUMBERLAND COUNTY Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: HENRY D.RHINEHART SHIRLEY L. RHINEHART 119 OXFORD ROAD GARDNERS,PA 17324-8807 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house(real estate)at 119 OXFORD ROAD,GARDNERS,PA 17324-8801 is scheduled to be sold at the Sheriff's Sale on 06/05/2013 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street,Carlisle,PA 17013 to enforce the court judgment of$126,577.04 obtained by CITIMORTGAGE,INC. (the mortgagee)against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE.ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale,you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You maybe able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back,if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND.OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717)249-3166 (800) 990-9108. LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground with improvements erected thereon,situate in south Middleton Township,Cumberland County,Pennsylvania, bounded and described in accordance with a certain final subdivision plan for Jean E.Rhinehart by Eric L.Diffenbaugh,professional land surveyor,file no.02003, dated March 15,2002 and revised April 17,2002,consisting of one page,a copy of which is to be recorded in Cumberland County Plan Book 61 at page 53,as follows,to wit: BEGINNING at an existing nail and cap on the centerline of Oxford Road(T-536)at line of lands now or formerly of Ray K.Pentz;thence along said centerline,south 17 degrees 30 minutes 22 seconds west 453.43 feet to an existing parker kalon nail at line of lands now or formerly o I f Thomas H.Rhinehart;thence,by said lands now or formerly of Thomas H.Rhinehart,north 77 degrees 26 minutes 29 seconds west,and through an iron pin 25.03 feet distant from the beginning of this course,364.50 feet to a set concrete monument;thence, along the dividing line between lot I and lot 2 of the final subdivision plan for Jean E.Rhinehart,north 77 degrees 26 minutes 29 seconds west 1,293.54 feet to a set iron pin in stones at line of lands now or formerly of the commonwealth of Pennsylvania;thence,by said lands now or formerly of the commonwealth of Pennsylvania,north 25 degrees I I minutes 05 seconds east 947.98 feet to a set iron pin in stones at line of lands now or formerly of Charles P.Rhinehart;thence,by said lands now or formerly of Charles P. Rhinehart,south 62 degrees 14 minutes 22 seconds east 930.31 feet to set iron pin at line of lands now or formerly of Ray K.Pentz;thence,by said lands now or formerly of Ray K.Pentz,south 52 degrees 24 minutes 14 seconds east 519.35 feet to a set iron pin;thence,continuing by said lands now or formerly of Pentz,south 72 degrees 56 minutes I I seconds cast.122.00 feet to an existing nail and cap on the centerline of Oxford Road(T-536),the point and place of beginning. CONTAftq1NG 259941 acres,more or less. TITLE TO SAID PREMISES IS VESTED IN Henry D. Rhinehart'and Shirley L. Rhinehart,h/w,by Deed from Jean E. Rhinehart, widow,dated 10/14/12003,recorded 10/15/2003 in Book 259,Page 4423. PREMISES BEING- 119 OXFORD ROAD,GARDNERS,PA 17324-8807 PARCEL NO.40-44-0142-019. r } SHORT DESCRIPTION By virtue of a Writ of Execution NO. 12-7013-CIVIL CITIMORTGAGE,INC. vs. HENRY D.RHINEHART SHIRLEY L. RHINEHART owners of property situate in the SOUTH MIDDLETON TOWNSHIP, Cumberland County, Pennsylvania, being 119 OXFORD ROAD, GARDNERS,PA 17324=8807 Parcel No.40-14-0142-019. Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $126,577.04 Phelan Hallinan,LLP Attorney for Plaintiff 1617 JFK Boulevard,Suite 1400 Philadelphia,PA 19103 215-563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-7013 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE, INC. Plaintiff(s) From HENRY D.RHINEHART,SHIRLEY L. RHINEHART (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $126,577.04 L.L.: $.50 Interest from 1/11/2013 to Date of Sale($20.81 per diem) -- $3,038.26 Atty's Comm: Due Prothy: $2.25 Atty Paid: $203.75 Other Costs: Plaintiff Paid: Date: 2/26/2013 David DBuell,Prothonotary (Seal) cBY LL % 91 1P, C� Deputy REQUESTING PARTY: Name: ALLISON F. ZUCKERMAN,ESQUIRE Address:PHELAN HALLINAN, LLP 1617 JFK BOULEVARD,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 309519 TRUE COPY FROM RECORD In Testimony whereof;I here unto set my hand and the sal of said Court at C rlisle,Pa. This Mday of.-�,2p EL Pr th nota �� Iu to- lldB On March 12, 2013 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA, Known and numbered as, 119 Oxford Road, Gardners, Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 12, 2013 By: Rea state Coordinator OE Z d 9 Z 933 f 1 Ql CUMBERLAND LAW JOURNAL Writ No. 2012-7013 Civil CITIMORTGAGE,INC. vs. HENRY D. RHINEHART, Shirley L. Rhinehart Atty.:Joseph P. Schalk By virtue of a Writ of Execution NO. 12-7013-CIVIL, CITIMORT- GAGE, INC. vs. HENRY D. RHINE- HART, SHIRLEY L. RHINEHART owners of property situate in the SOUTH MIDDLETON TOWNSHIP, Cumberland County, Pennsylvania, being 119 OXFORD ROAD, GARD- NERS, PA 17324-8807. Parcel No. 40-14-0142-019. Improvements thereon:RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT:$126,577- .04. 65 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND Lisa Marie Coyne,Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 12, April 19 and April 26, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa Marie Coyne, Edi r SWO TO AND SUBSCRIBED before me this 26 day of April,2013 J Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriot-News Co. AW 2020 Technology Pkwy the a trl*ot (Xews Suite 300 MechaNcsburg, PA 17050 Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania,with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County' of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M",Volume 14, Page 317. '^A*rinN COPY,, This ad ran on the date(s)shown below: 04116113 VS. 2012-7013 Civil CITIMORTGAGE,thic HENRY D RHINENART 04/23/13 Shiday L Rhineh.,t 04130113 Atty** Joseph P Schalk By virtue of a 12-7013-C ML Writ of Execution NO. CJTIMORTGAGE,INC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vs? HENRY D_RRINEHART Sworn to and subscribed before me this 13 day of May, 2013 A.D. SHIRLEY L RFMVEHART owners of Property situate in the SOUTH MIDDLETON TOWNSHIP I" C"berilrid County,Pennsylvania being 119 OXFORD ROAD,(5ARDNERS'P 17324-8807 1— A ry Public Paree'NO.40-14-0142-019 Improvements thereon- DWELLING NTIAL JUDGMENT AMOUNT S126,577.04 COMMONWEALTH OF PENNSYLVANIA Notarial seal Holly Lynn Warfel,Notary Public Washington Twp.,Dauphin County My Commission Expires Dec.12,2016 MEMBER,PENNSYLVANIA ASSOCIAMON OF NOTARIES