HomeMy WebLinkAbout12-7478
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EUP"~L~R^`•`tY
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
CITIFINANCIAL SERVICES, INC.
6400 LAS COLINAS BLVD.
IRVING, TX 75039
Plaintiff
v.
BERTHA TERESA TAYLOR
JOHN H. HILL
341 GAMELAND ROAD
NEWVILLE, PA 17241-8500
Defendants
ATTORNEY FOR PLAINTIFF
CIVIL DIVISION
COURT OF COMMON PLEAS
TERM
~~~ Clvil
NO. (~ `~
CUMBERLAND COUNTY
CIVIL ACTION -LAW
COMPLAINT IN MORTGAGE FORECLOSURE
File #: 284438
a~k$10?•>5~ Q~
c~ ~ a ss~ ~a
~2~ a$ka 39
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 entering a written appeazance personally or by attorney and filing in writing with
the Court your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so, the case may proceed without you, and a judgment may be entered against you
by the Court without further notice for any money claimed in the Complaint or for any other
claim or relief requested by the plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY ATTORNEY
REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
File #: 284438
1. Plaintiff is
CITIFINANCIAL SERVICES, INC.
6400 LAS COLINAS BLVD.
IRVING, TX 75039
2. The name(s) and last known address(es) of the Defendant(s) aze:
BERTHA TERESA TAYLOR
JOHN H. HILL
341 GAMELAND ROAD
NEVWILLE, PA 17241-8500
who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 08/29/2006 BERTHA TERESA TAYLOR, JOHN H. HILL, and BEVERLY BENEE
made, executed and delivered a mortgage upon the premises hereinafter described to
PLAINTIFF which mortgage is recorded in the Office of the Recorder of Deeds of
CUMBERLAND County, in Book 1965, Page 1946.The mortgage and assignment(s), if
any, aze matters of public record and are incorporated herein by reference in accordance
with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach
documents to pleadings if those documents aze of public record.
4. The premises subject to said mortgage is described as attached.
5. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 07/06/2011 and each month thereafter are due and unpaid, and by the terms
of said mortgage, upon failure of Mortgagor to make such payments after a date specified
by written notice sent to Mortgagor, the entire principal balance and all interest due
thereon aze collectible forthwith.
File #: 284438
6.
The following amounts aze due on the mortgage as of 12/07/2012:
Principal Balance $135,551.05
Interest $18,139.23
06/06/2011 through 12/07/2012
Additional/Deferred Interest $7,236.72
Late Chazges $0.00
Escrow Deficit 4 358.96
TOTAL $165,285.96
7.
8
9.
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
sepazate Action to establish that right, if such right exists. If Defendant(s) has/have
received a dischazge of personal liability in a bankruptcy proceeding, this Action of
Mortgage Foreclosure is in no way an attempt to reestablish such personal liability
dischazged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged
premises pursuant to Pennsylvania Law.
The mortgage premises are vacant and abandoned.
Plaintiff hereby releases BEVERLY BENEE from liability for the debt secured by the
mortgage.
File #: 284438
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$165,285.96, 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:
Allison Esq., Id. No. 309519
Attorney for Plaintiff
File #: 284438
LEGAL DESCRIPTION
ALL THAT pazcel of land in upper Mifflin township, Cumberland county, commonwealth of
PA, as more fullydecribed in book 179 page 159 ID# 44-07-0489-007e, being known and
designated as lot no 1 subdivision plan of the Sarah P Russell estate, filed in plan book 34 at
page 115 and being more particulazly described as a metes and bounds property.
BEING THE SAME property conveyed by fee simple deed from John H Hill single to John H
Hill and Beverly Benee AKA Beverly Henke and Bertha Teresa Taylor, dated 06/01/1998
recorded on 06/12/1998 in book 179, page 159 in Cumberland county records, commonwealth of
PA.
BEING premises which aze more fully described in a deed dated the 23rd day of NOVEMBER,
2004, and recorded in the Office of the Recorder of Deeds of CUMBERLAND County,
Pennsylvania, in Record Book 179, Volume ,Page 159.
PROPERTY ADDRESS: 341 GAMELAND ROAD, NEVWILLE, PA 17241-8500
PARCEL # 44-07-0489-007E
File #: 284438
VERIFICATION
c~rissy Moffatt
hereby states
that he/she is employed as a Document Control Officer of CitiMortgage, Inc. P~usuant to an
agreeaneryt, Citilviortgage, Inc. provides certain loan servicing activities to OneMain Financial, Inc., the
servicer ofthis loan. OrieMain Finat;tcial, Inc. is authorized to act on behalf of the mortgagee
CitiFinancial Services, Inc. I am authorized to execute this VaiScation on behalf of Ck~tell~n Financial,
Inc. puisuarrt to the cotporatie resoh~ions of OneMain Financial, Inc. OneMain Financial, Inc., on behalf
of Plaintiff in this matter 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: ~ ~ ~ 2 I ~ r' 2_
~; _~
ame: Chrissy M felt
Title: Q•#
File#: 284438
Name: TAYLOR
Attorney File No.: 284438
FORM 1
CITIFINANCIAL SERVICES, INC.
Plaintiff(s)
IN THE COURT OF COMMON
OF CUMBERLAND COUNTY, PENT
~.s
W
vs. ~ ~ ~
~ 0
BERTHA TERESA TAYLOR ~' ~ ~
JOHN H. HILL .~ ---
Defendant(s) ~ ~~ ~ Civil
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE
DIVERSION PROGRAM
You have been served with a forecloswe complaint that could cause you to lose your home.
--a
t~dk"s'1
A
~.;
If you own and live in the residential property which is the subject of this forecloswe 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 Gave a lawyer, you must take the following steps to be eligible for a conciliation conference.
First, within twenty (20) days of yow receipt of this notice, you must contact MidPenn Legal Services at (717) 2439400
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 preside the legal representative with all
requested fmancial information so that a loan resolution proposal can be prepared on yow behalf. If you and yow 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 forecloswe complaint. If you do so and a conciliation conference is scheduled, you wilhave an
opportunity to meet with a representative of yow lender in an attempt to work out reasonable arrangements with your
lender before the mortgage forecloswe 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 yow lawyer with all requested fmancial information so hat 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 forecloswe complaint. If you do so and a conciliation conference is
scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable
arguments with yow lender before the mortgage forecloswe 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.
Date
Respectfully submitted:
Allison ells, Esq., d. No.
309519
Attorney for Plaintiff
FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas Docket #
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance, your lender must consider your circumstances to determine
possible options while working with your counseling agency. Please provide the following information to
the best of your knowledge:
Borrower name(s):
Property Address:
City:
Is the property for sale?
Realtor Name:
Borrower Occupied?
Mailing Address (if different):
City:
Phone Numbers:
Email:
# of people in household:
Mailing Address:
City:
Phone Numbers:
Email:
# of people in household:
First Mortgage Lender:
Type of Loan:
Home:
Cell:
Office:
Other:
State: Zin•
How long?
Loan Number:
Second Mortgage Lender:
Type of Loan:
Loan Number:
State: Zip:
Yes ^ No ^ Listing date: Price: $
Realtor Phone:
Yes ^ No ^
Home:
Cell:
Office:
Other:
State: Zin•
How long?
Date You Closed Your Loan:
Total Mortgage Payments Amount: $ Included Taxes & Insurance:
Date of Last Payment:
Primary Reason for Default:
Is the loan in Bankruptcy? Yes ^ No ^
If yes, provide names, location of court, case number & attorney:
Assets
Home:
Other Real Estate:
Retirement Funds:
Investments:
Checking:
Savings:
Other:
Automobile #1: Model:
Amount owed:
Automobile #2: Model:
Amount owed:
Amount Owed:
Value:
Value:
Value:
Other transportation (automobiles, boats motorcycles Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
Year:
Year:
1. Monthly Gross Monthly Net
2. 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:
Monthly Eanenses: (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mort a e Food
2 Mort a e Utilities
Car Pa meets Condo/Nei .Fees
Auto Insurance Med. not covered
Auto fueUre airs Other ro . a ent
Install. Loan Pa ent Cable TV
Child Su ort/Alim. S ndin Mone
Da /Child Care/Tuit. Other Ex 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}: F
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP)
assistance?
Yes ^ No ^
If yes, please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your
delinquency?
Yes ^ No ^
If yes, please indicate the status of those negotiations:
Please provide the following information, if known, regarding your lender and lender's loan servicing
company:
Lender's Contact (Name): 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
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 Z 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)
F�� Fr
F Nl~ ii 0 Tfi00 tq R y
8 All,10: 19
CUr'UERL!N0 CO
PEN,, S yLVANIA
COUNTY
PHELAN HALLINAN, LLP
Joseph P. Schalk, Esq., Id. No. 91656
126 Locust Street
Harrisburg, PA 17101
215-563-7000 Attorney for Plaintiff
CITIFINANCIAL SERVICES, INC.
6400 LAS COLINAS BLVD Court of Common Pleas
IRVING,TX 75039
Civil Division
Plaintiff
Vs Term
BERTHA TERESA TAYLOR No.2012-7478-Civil
JOHN H.HILL
341 GAMELAND ROAD Cumberland County
NEWVILLE,PA 17241-8500
Defendants
MOTION TO LIFT CONCILIATION STAY
Plaintiff, Citifinancial Services, 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 December 13, 2012, Plaintiff filed a Complaint in Mortgage Foreclosure against
Defendants for their failure to make monthly payments of principal and interest upon their
mortgage due July 6, 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 December 18, 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.
284439
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. Since Defendants have opted not to participate in the Diversion Program, it is
appropriate for the stay to be lifted.
WHEREFORE, Plaintiff respectfully requests that this matter be removed from the
Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic
stay be lifted.
Respectfully submitted,
PHELAN HALLINAN, LLP
Date: BY: rhP J se c halk, Esquire
tto r Plaintiff
284439
4
Exhibit A
284439
a
rn
w .
PHELAN HALLINAN&SCMvMG,LLP
Allison F.We11s,Esq.,Id.No.309519
1617 JFK Boulevard,Stine 1400 ATrO**Y PM n
One Penn Center Plaza
Philadelphia,PA 19103
2.15-5634000
CITIFINANCIAL SERVICES,INC.
6400 LAS COLINAS BLVD. COURT OF COMMON PLEAS
IRVING,'TX 75039
CIVIL DIVISION
Plaintiff
V. TERM
BERTHA TERESA TAYLOR NO: `
JOHN H.HILL
341 GAMELAND ROAD CUMBERLAND COUNTY
NEWILLE,PA 17241-8500
Defendants
CIVIL ACTION-LAW
C"OMPLAIn IN MORTGAGE FORECLOSURE
��raw COpy,_ weh�eQy
Pifto Return
'mod
File#: .284438 `
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages,you must take action within twenty (20)days after this Complaint and Notice
are served by entering a written appearance personally or by attorney and filing in writing with
the Court your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so,the case may proceed without you,and a judgment may be entered against you
by the Court without further notice for any money claimed in the Complaint or for any other
claim or relief requested by the plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY ATTORNEY
REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE,PA 17013
(717)249-3166
(800)990-9108
File#: 284438
1. Plaintiff is
CITIFINANCIAL SERVICES,INC.
6400 LAS COLINAS BLVD.
IRVING, TX 75039
2. The name(s) and last known address(es)of the Defendant(s) are:
BERTHA TERESA TAYLOR
JOHN H. HILL
341 GAMELAND ROAD
NEWVILLE, PA 17241-8500
who is/are the mortgagor(s) and/or real owner(s)of the property hereinafter described.
3: On 08/29/2006 BERTHA TERESA TAYLOR, JOHN H. HILL, and BEVERLY BENEE
made,executed and delivered a mortgage upon the premises hereinafter described to
PLAINTIFF which mortgage is recorded in the Office of the Recorder of Deeds of
CUMBERLAND County, in Book 1965, Page 1946.The mortgage and assignment(s), if
any,are matters of public record and are incorporated herein by reference in accordance
with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach
documents to pleadings if those documents are of public record.
4. The premises subject to said mortgage is described as attached.
5., The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 07/06/2011 and each month thereafter are due and unpaid, and by the terms
of said mortgage,upon failure of Mortgagor to make such payments after a date specified
by written notice sent to Mortgagor, the entire principal balance and all interest due
thereon are collectible forthwith.
File i9: 284438
6. The following amounts are due on the mortgage as of 12/07/2012:
Principal Balance $135,551.05
Interest $18,139.23
06/06/2011 through 12/07/2012
Additional/Deferred Interest $7,236.72
Late Charges $0.00
Escrow Deficit $4,358.96
TOTAL $165,285.96
7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment)
against the Defendant(s) in the Action; however,Plaintiff reserves its right to bring a
separate Action to establish that right, if such right exists. If Defendant(s)has/have
received a discharge of personal liability in a bankruptcy proceeding,this Action of
Mortgage Foreclosure is in no way an attempt to reestablish such personal liability
discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged
premises pursuant to Pennsylvania Law.
8., The mortgage premises are vacant and abandoned.
9W Plaintiff hereby releases BEVERLY BENEE from liability for the debt secured by the
mortgage.
File#: 284438
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s)in the sum of
$165,285.96, 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 I3AI;XINAN 1 £
By:
Allison P.7,44k Esq.,Id.No. 309519
Attorney for Plai:ltiff
File f!: 284438
LEGAL DESCRIPTION
ALL THAT parcel of land in upper Mifflin township, Cumberland county, commonwealth of
PA, as more fullydecribed in book 179 page 159 ID# 44-07-0489-007e,being known and
designated as lot no.l subdivision plan of the Sarah P Russell estate,filed in plan book 34 at
page 115 and being more particularly described as a metes and bounds property.
BEING THE SAME property conveyed by fee simple deed from John H Hill single to John H
Hill and Beverly Benee AKA Beverly Henke and Bertha Teresa Taylor, dated 06%01/1998
recorded on 06/12/1998 in book 179,page 159 in Cumberland county records,commonwealth of
PA.
BEING premises which are more fully described in a deed dated the 23rd day of NOVEMBER,
2004,and recorded in the Office of the Recorder of Deeds of CUMBERLAND County,
Pennsylvania,in Record Book 179, Volume ,Page 159.
PROPERTY ADDRESS: 341 GAMELAND ROAD,NEWVILLE,PA 17241-8500
PARCEL#44-07-0489-007E
I .
f
nle t 284439
VERIFICATION
Chrissy Moffatt ,hereby states
that he/she is employed as a Document Control Officer of CitiMortgage, Inc. Pu suantto an
agreement,CitiMortgage,Inc.provides certain loan servicing activities to OneMam Financial,Inc.,the
servicer ofthis loan. OneN4ain Financial,Inc.is authorized to act on behalf of the mortgagee
CitiFinancial Scrviccs, Inc. I am authorized to execute this Verification on behalf of OneMain Financial,
Inc.pursuant to the corporate resolutions of OneMain Financial,Inc.OneMain Financial,Inc., on behalf
of Plaintiff in this matter 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.
ame: Chrissy Matt
DATE: J
Title: Oo cury*t.CoMrot Oft6r
File#: 284438
Name:TAYLOR
Attorney File No.: 284438
FORM 1
IN THE COURT OF COMMON PLEAS
CITIFINANCIAL SERVICES,INC. OF CUMBERLAND COUNTY,PENNSYLVANIA
Plaintiffs)
VS.
BERTHA TERESA TAYLOR
JOHN H.HILL
Defendant(s) Civil
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE
DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your home.
If you own and live in the residential property which is the subject of this foreclosure action,you may be able to
participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender.
If you do not have a lawyer,you must take the following steps to be eligible for a conciliation conference.
First,within twenty(20)days of your receipt of this notice,you must contact MidPenn Legal Services at(717)2439400
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 pro ide the legal representative with all
requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal
representative complete a financial worksheet in the format attached hereto,the legal represenative 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 willhave 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 hat a loan resolution
proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached
hereto,your lawyer will prepare and file a Request for Conciliation Conference with the Court,which must be filed
within sixty(60)days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is
scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable
arguments with your lender before the mortgage foreclosure suit proceeds forward.
IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS
REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Respectfully submitted:
Date Allison,% ells,Ed' No,
309519
Attorney for Plaintiff
FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas Docket#
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance,your lender must consider your circumstances to determine
possible options while working with your counseling agency. Please provide the following information to
the best of your knowledge:
CUSTOMER/PRINIARY APPLICANT
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:
Cell: Other:
Email:
#of people in household: How long?
Mailing Address: _
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
#of people in household: How long?
FINANCIAL INFORMATION
First Mortgage Lender:
Type of Loan: _
Loan Number: Date You Closed Your Loan:
Second Mortgage Lender:
Type of Loan:
Loan Number:
Total Mortgage Payments Amount: $ Included Taxes&Insurance:
Date of Last Payment: _
Primary Reason for Default:
Is the loan in Bankruptcy? Yes❑ No❑
If yes;provide names,location of court,case number&attorney:
Assets Amount'Ow6d: 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 Employers:
1. :Monthly Gross _ Monthly Net
2. 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:
Monthly Expenses:(Please only include expenses you are currently paying)
EXPENSE_ AMOUNT EXPENSE AMOUNT
Mort a e Food
:jfid Mortgage Utilities
Car Pa men s Condo/Neigh.Fees
Auto Insurance Med. not covered
Auto fuel/repairs Other ro a ment
Install.Loan Pa ment Cable TV
Child Su ort/Alim. Spending Money
Da /Child Care/Tuft. Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income&Expenses:
Have you been working with a Housing Counseling Agency? ,
Yes❑ No❑
If yes,please provide the following information:
Counseling Agency: Counselor:
Phone(Office): . Fax:
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program(HEMAP)
assistance?
Yes❑ No❑
If yes,please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your
delinquency?
Yes❑ No❑
If yes,please indicate the status of those negotiations:
Please provide the following information, if known,regarding your lender and lender's-loan servicing
company:
Lender's Contact(Name): Phone:
Servicing Company(Name):
Contact: Phone:
AUTIJORIZATION
UWe, authorize the above named
to use/refer this information to my lender/servicer for the sole purpose of evaluating my
financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to
use the counseling services provided by the above named
Borrower Signature Date
Co-Borrower Signature Date
Please forward this document along with the following information to lender and lender's
counsel:
1. Proof of income
2. Past 2 bank statements
3. Proof of any expected income for the last 45 days
4. Copy of a current utility bill
5. Letter explaining reason for delinquency and any supporting documentation(hardship
letter)
6. Listing agreement(if property is currently on the market)
Exhibit B
284439
.,,. .�.... u vrr-ivlc VP %.#U Y10 CRLANLJ L►VUN I T
Ronny R Anderson
ShertR • .
�9�,gvo at�Lambr��4
Jody S Smith *
Chief Deputy
Richard W Stewart r
Solicitor OFFICE OF MME SKMFF
I
I
I
I
Citifinanciai Services, Inc. Case Number
VS. 2012-7478
Bertha Teresa Taylor(et al.)
SHERIFF'S RETURN OF SERVICE
12/14/2012 Ronny R Anderson,Sheriff,being duty sworn according to law,states he made diligent search and inquiry
for the within named Defendant to wit:Bertha Teresa Taylor,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 341 Gameland Road,Upper Mifflin, Newville, PA 17241.The address was found to be
] vacant.
12/14/2012 Ronny R Anderson,Sheriff, being duly sworn according to law,states he made diligent search and inquiry
for the within named Defendant to wit:John H H81, 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
341 Gameland Road, Upper Mifflin,Newville, PA 17241.The address was found to be vacant.
12/18/2012 -08:55 PM-Deputy Shawn Harrison,being duly sworn according to laRC rPA uested Complaint
in Mortgage Foreclosure by"personally"handing a true copy to a pe themselves to be
the Defendant,to wit:John H Hill at 119 Peach Lane, Middlesex Twp 13.
S N, D EPUTY
12118/2012 08:55 PM-Deputy Shawn Harrison,being duly sworn according to law,served a equested Complaint
In Mortgage Foreclosure by"personally"handing a true copy to a pe r pr en g themselves to be
the Defendant,to wit: Bertha Teresa Taylor at 119 Peach Lane, Midd ,C isle,PA.17015.
S SON, DEPUTY
I
SHERIFF COST:$92.00 SO ANSWERS,
December 26,2012 RONNY R ANDERSON, SHERIFF
(c)c:owtystoo morn.7Neoa04,Ira.
PHELAN HALLINAN, LLP
Joseph P. Schalk, Esq., Id. No. 91656
126 Locust Street
Harrisburg, PA 17101
215-563-7000 Attorney for Plaintiff
CITIFINANCIAL SERVICES,INC. Court of Common Pleas
6400 LAS COLINAS BLVD
IRVING,TX 75039 Civil Division
Plaintiff Term
Vs
No.2012-7478-Civil
BERTHA TERESA TAYLOR
JOHN H.HILL Cumberland County
341 GAMELAND ROAD
NEWVILLE,PA 17241-8500
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:
BERTHA TERESA TAYLOR BERTHA TERESA TAYLOR
JOHN H.HILL JOHN H.HILL
341 GAMELAND ROAD 119 PEACH LANE
NEWVILLE,PA 17241-8500 CARLISLE, PA 17015-7808
Date: 51-711-3
By:
osep P Schalk, squire
A
7
y for Plaintiff
284439
s ,
L.
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CITIFINANCIAL SERVICES, INC.
6400 LAS COLINAS BLVD Court of Common Pleas
IRVING,TX 75039
Civil Division
Plaintiff
Vs Term
BERTHA TERESA TAYLOR No.2012-7478-Civil
JOHN H.HILL
341 GAMELAND ROAD Cumberland County
NE W V ILLE,PA 17241-8500
Defendants Defendants
ORDER
AND NOW,this 10 day of /'>h� , 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.
sv cz,
rrico x
;'ril *t
-c '-15
�p o
C)
t—n x?
284439 "''
' r
CC: Bertha Teresa Taylor
John H. Hill
Joseph P. Schalk,Esq., Id.No. 91656
Attorney for Plaintiff
HELAN HALLINAN, LLP
Joseph P. Schalk, Esq., Id. No. 91656
126 Locust Street
Harrisburg, PA 17101
215-563-7000
ARTHA TERESA TAYLOR
JOHN H.HILL
341 GAMELAND ROAD
NEWVILLE,PA 17241-8500
BERTHA TERESA TAYLOR
JOHN H.HILL
119 PEACH LANE
CARLISLE,PA 17015-7808
J£S LL
5 io�i3
284439
n ri rl O ,
F '
2;:13 JUL -2 AM la:
PHELAN HALLINAN, LLP Attorney for Plaintiff
Adam H. Davis, Esq., Id. No.203034 nUMBERLAH7 COUNTY
1617 JFK Boulevard, Suite 1400 PENNSYLVANIA
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
CITIFINANCIAL SERVICES,INC. : CUMBERLAND COUNTY
vs. COURT OF COMMON PLEAS
BERTHA TERESA TAYLOR : CIVIL DIVISION
JOHN H.HILL .
: No. 12-7478-CIVIL
PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against BERTHA TERESA
TAYLOR and JOHN H.HILL, Defendant(s) for failure to file an Answer to Plaintiff's
Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged
premises, and assess Plaintiff's damages as follows:
As set forth in Complaint $165,285.96
TOTAL $165,285.96
I hereby certify that (1) the Defendants'last known addresses are 341 GAMELAND
ROAD, NEWVILLE, PA 17241-8500, 119 PEACH LN, CARLISLE, PA 17015-7808, and 119
PEACH LN, CARLISLE, PA 17015, and (2)that notice has been given in accordance with Rule
Pa.R.C.P 237.1. `-�
Date 71///- PiAlvt,
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
DAMAGES REgHEREBY ASSESSED AS INDICATED.
DATE: 1 oZ1.7 w
PHS#284438 PROTHONOTARY
anrt 4/10. 1 a/4
2431 ib:3-4")
2 t.a9(94,9 7
Nolvt. n lci:t 6
PHELAN HALLINAN,LLP Attorney for Plaintiff
Adam H.Davis,Esq.,Id.No.203034
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
215-563-7000
CITIFINANCIAL SERVICES,INC. : CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
vs.
: CIVIL DIVISION
BERTHA TERESA TAYLOR
JOHN H. HILL : No. 12-7478-CIVIL
•
AFFIDAVIT OF NON-MILITARY SERVICE
The undersigned attorney hereby verifies that he/she is the attorney for the
Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge
of the following facts, to wit:
(a) that the defendant(s) is/are not in the Military or Naval Service of the United
States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of
Congress of 1940, as amended.
(b) that defendant BERTHA TERESA TAYLOR is over 18 years of age and has
last known addresses at 341 GAMELAND ROAD, NEWVILLE, PA 17241-8500 and 119
PEACH LN, CARLISLE, PA 17015-7808.
(c) that defendant JOHN H. HILL is over 18 years of age and has last known
addresses at 341 GAMELAND ROAD, NEWVILLE, PA 17241-8500 and 119 PEACH LN,
CARLISLE, PA 17015.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
Date 771//q j .C/
Phelan Hallinan, LLP
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
PHELAN HALLINAN, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza, Philadelphia, PA 19103
215-563-7000
284438
Results as of:Jul-01-2013 12:07.42
Department of Defense Manpower Data Center
SCRA 3.0
� r
Status Report
Pursuant to Servieernetnbers Civil el of Act
Last Name: TAYLOR
First Name: BERTHA
Middle Name: TERESA
Active Duty Status As Of: Jul-01-2013
On Active Duty On Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA No NA
This response reflects the individuals'active duty status based on the Active Duty Status Date
Left Active Duty Within 367 Days of Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA No NA
This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
Order Notification Start Date Order Notification End Date Status Service Component
NA NA No NA
This response reflects whether the individual or his/her unit has received early notification to report for active duty
Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY
ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY
IDENTIFY AN INDIVIDUAL.
)41/111y4_ e■•�
Mary M.Snavely-Dixon,Director
Department of Defense-Manpower Data Center
4800 Mark Center Drive,Suite 04E25
Arlington,VA 22350
Results as of:Jul-01-2013 12:09:31
Department of Defense Manpower Data Center
SCRA 3.0
r
Status Report
Pursuant to Servicemembers Civil Relief Act
Last Name: HILL
First Name: JOHN
Middle Name: H
Active Duty Status As Of: Jul-01-2013
On Active Duty On Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA No NA
This response reflects the individuals'active duty status based on the Active Duty Status Date
Left Active Duty Within 367 Days of Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA No NA
This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
Order Notification Start Date Order Notification End Date Status Service Component
NA NA No NA
This response reflects whether the individual or his/her unit has received early notification to report for active duty
Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY
ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY
IDENTIFY AN INDIVIDUAL.
Mary M.Snavely-Dixon,Director
Department of Defense-Manpower Data Center
4800 Mark Center Drive,Suite 04E25
Arlington,VA 22350
(Rule of Civil Procedure No. 236) - Revised
CITIFINANCIAL SERVICES,INC. : CUMBERLAND COUNTY
vs. : COURT OF COMMON PLEAS
BERTHA TERESA TAYLOR .
JOHN H. HILL : CIVIL DIVISION
: No. 12-7478-CIVIL
•
Notice is given that a Judgment in the above captioned matter has been entered
against you on 1Iaa .
71) I 4k er
..?") f?0:
By: ,,,,.
If you have any questions concerning this matter please contact:
Phelan Hallinan, LLP
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU
HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT
ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.**
284438
CITIFINANCIAL SERVICES,INC. COURT OF COMMON PLEAS
Plaintiff CIVIL DIVISION
v.
BERTHA TERESA TAYLOR NO. 12-7478-CIVIL
JOHN H.HILL
Defendant(s) CUMBERLAND COUNTY
TO: JOHN H.HILL
119 PEACH LN
CARLISLE,PA 17015
DATE OF NOTICE: i 71.
.
THIS FIRM IS A DEBT COLLECTOR AI TEMPTING TO COLLECT A DEBT. THIS NOTICE
IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO
HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT
PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN
ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST
PROPERTY.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OF'FICE 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 OH-ER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Office of the Prothonotary CUMBERLAND COUNTY BAR
Cumberland County Courthouse ASSOCIATION
1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE
Carlisle,PA 17013 2 LIBERTY AVENUE
(717)240-6195 CARLISLE,PA 17013
(717)249-3166
1
By ' .'
Adam H.Davis,Esq.,Id.No.203034
Attorney for Plaintiff
Phelan Hallinan,LLP
1617 JFK Boulevard.Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
PHS#284438
CITIFINANCIAL SERVICES,INC. COURT OF COMMON PLEAS
Plaintiff CIVIL DIVISION
v.
BERTHA TERESA TAYLOR NO. 12-7478-CIVIL
JOHN H.HILL
Defendant(s) CUMBERLAND COUNTY
TO: JOHN H.HILL
341 GAMELAND ROAD
NEWVILLE,PA 17241-85000
[!
DATE OF NOTICE: //7/1/
THIS FIRM IS A DEBT COLLECTOR ATI'EMPTING TO COLLECT A DEBT. THIS NOTICE
IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO
HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT
PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN
ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST
PROPERTY.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN DAYS FROM THE DA'Z'E OF THIS NOTICE,A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. TI-IIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Office of the Prothonotary CUMBERLAND COUNTY BAR
Cumberland County Courthouse ASSOCIATION
1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE
Carlisle,PA 17013 2 LIBERTY AVENUE
(717)240-6195 CARLISLE,PA 17013
(717)249-3166
By: �_, .
Adam H.Davis,Esq.,Id.No.203034
Attorney for Plaintiff
Phelan Hallinan,LLP
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
PHS#284438
CITIFINANCIAL SERVICES,INC. COURT OF COMMON PLEAS
Plaintiff CIVIL DIVISION
v.
BERTHA TERESA TAYLOR NO. 12-7478-CIVIL
JOHN H.HILL
Defendant(s) CUMBERLAND COUNTY
TO: BERTHA TERESA TAYLOR
119 PEACH LN
CARLISLE,PA 1770155-7808(/ /
DATE OF NOTICE: f/7// ! .
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE
IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO
HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT
PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN
ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST
PROPERTY.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED PEE OR NO FEE.
Office of the Prothonotary CUMBERLAND COUNTY BAR
Cumberland County Courthouse ASSOCIATION
1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE
Carlisle,PA 17013 2 LIBERTY AVENUE
(717)240-6195 CARLISLE,PA 17013
(717)249-3166
By: __._
tr
Adam H.Davis,Esq.,Id.No.203034
Attorney for Plaintiff
Phelan Hallinan,LLP
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
PHS#284438
I
CITIFINANCIAL SERVICES,INC. COURT OF COMMON PLEAS
Plaintiff CIVIL DIVISION
v.
BERTHA TERESA TAYLOR NO. 12-7478-CIVIL
JOHN H.HILL
Defendant(s) CUMBERLAND COUNTY
TO: BERTHA TERESA TAYLOR
341 GAMELAND ROAD
NEWVILLE,PA 17241-8500 /
DATE OF NOTICE: �` /7/73
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE
IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO
HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT
PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN
ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST
PROPERTY.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Office of the Prothonotary CUMBERLAND COUNTY BAR
Cumberland County Courthouse ASSOCIATION
1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE
Carlisle,PA 17013 2 LIBERTY AVENUE
(717)240-6195 CARLISLE,PA 17013
(717)249-3166
By: ``
Adam H.Davis,Esq.,Id.No.203034
Attorney for Plaintiff
Phelan Hallinan,LLP
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
PHS#284438
PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE)
P.R.C.P.3180-3183
CITIFINANCIAL SERVICES,INC. COURT OF COMMON PLEAS
Plaintiff
. CIVIL DIVISION
v.
NO.: 12-7478-CIVIL
BERTHA TERESA TAYLOR
•
JOHN H.HILL
Defendant(s) CUMBERLAND COUNTY
To the Prothonotary:
Issue writ of execution in the above matter:
Amount Due $165,285.96
Interest from 07/03/2013 to Date of Sale $4,211.35 = "'
($27.17 per diem) Lc.)
rri Lam-._,-
TOTAL $169497.31
-e,;fir I
a0414 /164■0
Phelan Hallinan,LLP
Adam H.Davis,Esq.,Id.No.203034 '";
co
Attorney for Plaintiff
Note: Please attach description of property.
PHS#284438
(DI
L t
101X 8
AAA Iln -So �f f,
a'
of 13a3.)4S
eit 99 aV a? PLaist.a_cl
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in Upper
Mifflin Township, Cumberland County, Commonwealth of Pennsylvania, bounded and
described as follows, to wit:
BEGINNING at a nail in the center of L. R. 21003; thence by the dividing line between Lots No.
1 and 2 on the hereinafter mentioned Plan of Lots, North twenty-two degrees twenty-nine
minutes fifty-one seconds West (N 22 degrees 29 minutes 51 seconds W), one hundred forty and
no one-hundredths (140.00) feet to an iron pin; thence by land now or formerly of Eldon E.
Funk, North sixty-one degrees nineteen minutes thirty-nine seconds East(N 61 degrees 19
minutes 39 seconds E), eighty-three and eighty-eight one-hundredths (83.88)feet to a point;
thence by the same, North forty-seven degrees three minutes forty-six seconds West(N 47
degrees 03 minutes 46 seconds W), two hundred forty-eight and thirty-three one-hundredths
(248.33) feet to a point; thence by the same, North forty-seven degrees twelve minutes forty-
eight seconds East(N 47 degrees 12 minutes 48 seconds E), three hundred twenty-eight and
seventy-three hundredths (328.73) feet to a point; thence by the same, South seventy-one degrees
thirty-five minutes eight seconds East(S 71 degrees 35 minutes 08 seconds E), one hundred
seventy-four and fourteen one-hundredths (174.14)feet to a point; thence by the same, South
fifty-nine degrees nineteen minutes fifty seconds East (S 59 degrees 19 minutes 50 seconds E),
four hundred eighty-eight and thirty-nine one-hundredths (488.39) feet to a point; thence by land
now or formerly of Roger L. Russell, South eighty degrees forty-one minutes nine seconds West
(S 80 degrees 41 minutes 09 seconds W), four hundred sixty (460) feet to a point; thence by the
same, South twenty degrees fifty-five minutes fifty-two seconds East(S 20 degrees 55 minutes
52 seconds E), one hundred fifty(150) feet to a point in the center of L. R. 21003 aforesaid;
thence by the center of said Road, South eighty degrees forty-one minutes nine seconds West (S
80 degrees 41 minutes 09 seconds W), two hundred sixty-seven and ninety-six hundredths
(267.96)feet to the place of BEGINNING.
CONTAINING 5.0308 acres, and being improved with a dwelling house, garage and
outbuildings.
BEING Lot No. 1 of the Subdivision Plan of the Sarah P. Russell Estate, as recorded in the
Office of the Recorder of Deeds for Cumberland County in Plan Book 34, Page 115.
TITLE TO SAID PREMISES IS VESTED IN John H. Hill, (Father of one of the within
Grantor), single man and Bertha Teresa Taylor, by Deed from Beverly Henke, (Daughter of the
within Grantee) and Michael L. Henke, Sr., h/w, dated 09/11/2006, recorded 01/30/2007 in Book
278, Page 2934.
PREMISES BEING: 341 GAMELAND ROAD,NEWVILLE,PA 17241-8500
PARCEL NO.44-07-0489-007E
PHELAN HALLINAN, LLP Attorneys for Plaintiff
Adam H. Davis, Esq., Id. No.203034 '.
1617 JFK Boulevard, Suite 1400 c 13 � ° _2
One Penn Center Plaza 'JP°� Rt ,� D �0.Tht
Philadelphia, PA 19103 ' A ��
215-563-7000
CITIFINANCIAL SERVICES,INC. : COURT OF COMMON PLEAS
Plaintiff
: CIVIL DIVISION
v. : NO.: 12-7478-CIVIL
BERTHA TERESA TAYLOR
JOHN H. HILL
Defendant(s) : CUMBERLAND COUNTY
CERTIFICATION
The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned
matter and that the premises are not subject to the provisions of Act 91 because:
( ) the mortgage is an FHA Mortgage
( ) the premises is non-owner occupied
(X) the premises is vacant
( ) Act 91 procedures have been fulfilled
( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943
This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to
authorities.
By: XN/l"i
Phelan Hallinan,LLP
Adam H.Davis,Esq.,Id.No.203034
Attorney for Plaintiff
CITIFINANCIAL SERVICES,INC. i , ??,0 ` `l `' r. COURT OF COMMON PLEAS
Plaintiff
.� `-2 1� v CIVIL DIVISION
V. COUP�Z`'t
� �� tS`lL� C4� NO.: 12-7478-CIVIL
BERTHA TERESA TAYLOR
JOHN H. HILL •
Defendant(s) • CUMBERLAND COUNTY
AFFIDAVIT PURSUANT TO RULE 3129.1
CITIFINANCIAL SERVICES,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 341 GAMELAND ROAD,
NEWVILLE,PA 17241-8500.
1. Name and address of Owner(s)or reputed Owner(s):
Name Address(if address cannot be reasonably ascertained,
please so indicate)
BERTHA TERESA TAYLOR 119 PEACH LN
CARLISLE,PA 17015-7808
JOHN H.HILL 119 PEACH LN
CARLISLE,PA 17015
2. Name and address of Defendant(s)in the judgment:
Name Address(if address cannot be reasonably
ascertained,please so indicate)
BERTHA TERESA TAYLOR 119 PEACH LN
CARLISLE,PA 17015-7808
JOHN H.HILL 119 PEACH LN
CARLISLE,PA 17015
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold:
Name Address(if address cannot be
reasonably ascertained,please indicate)
None.
4. Name and address of last recorded holder of every mortgage of record:
Name Address(if address cannot be
reasonably ascertained,please indicate)
CITIFINANCIAL,INC. P.O.BOX 17170
BALTIMORE,MD 21203
CITIFINANCIAL,INC. 244 SOUTH FAYETTE STREET
SHIPPENSBURG,PA 17257
5. Name and address of every other person who has any record lien on the property:
Name Address(if address cannot be
reasonably ascertained,please indicate)
None.
PHS #284438
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 341 GAMELAND ROAD
NEWVILLE,PA 17241-8500
COMMONWEALTH OF PENNSYLVANIA, 6TH FLOOR,STRAWBERRY SQ.,DEPT 280601
BUREAU OF INDIVIDUAL TAX, HARRISBURG,PA 17128
INHERITANCE TAX DIVISION
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: 7 //7/ By: a4,4444,1/1/A7 it/1�-'
Phelan Hallinan,LLP
Adam H.Davis,Esq.,Id.No.203034
Attorney for Plaintiff
PHELAN HALLINAN,LLP
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza,Philadelphia,PA 19103
215-563-7000
PHS #284438
t f yc:
CITIFINANCIAL SERVICES, INC. : COURT OF COMMON PLEAS
"11 JU? -2 A1110:
MBE�L+�P D �� � laintiff : CIVIL DIVISION
PEHNSYLVA IJA
vs. : NO.: 12-7478-CIVIL
BERTHA TERESA TAYLOR
JOHN H.HILL : CUMBERLAND COUNTY
Defendant(s) :
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: JOHN H.HILL BERTHA TERESA TAYLOR
119 PEACH LN 119 PEACH LN
CARLISLE,PA 17015 CARLISLE,PA 17015-7808
**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 341 GAMELAND ROAD,NEWVILLE,PA 17241-8500 is scheduled to be
sold at the Sheriff's Sale on 12/04/2013 at 10:00 AM in the Cumberland County Courthouse,South Hanover
Street, Carlisle,PA 17013 to enforce the court judgment of$165,285.96 obtained by CITIFINANCIAL
SERVICES,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 may be able to stop the sale by filing a petition asking the Court to strike or open the judgment,
if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause.
You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance you will
have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS
EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the
price bid by calling 215-563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared
to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this
has happened, you may call 215-563-7000.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if
the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff
gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of
distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after
the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his
office. This schedule will state who will be receiving that money. The money will be paid out in accordance
with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff
within ten (10) days after the filing of the proposed schedule.
7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately
after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW
TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE,PA 17013
(717) 249-3166
(800) 990-9108
SHORT DESCRIPTION
By virtue of a Writ of Execution No. 12-7478-CIVIL
CITIFINANCIAL SERVICES,INC.
v.
BERTHA TERESA TAYLOR
JOHN H. HILL
owner(s) of property situate in the TOWNSHIP OF UPPER MIFFLIN, CUMBERLAND
County, Pennsylvania, being
341 GAMELAND ROAD,NEWVILLE,PA 17241-8500
Parcel No. 44-07-0489-007E
(Acreage or street address)
Improvements thereon: RESIDENTIAL DWELLING
Judgment Amount: $165,285.96
Attorneys for Plaintiff
Phelan Hallinan, LLP
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in Upper
Mifflin Township, Cumberland County, Commonwealth of Pennsylvania, bounded and
described as follows, to wit:
BEGINNING at a nail in the center of L. R. 21003; thence by the dividing line between Lots No.
1 and 2 on the hereinafter mentioned Plan of Lots, North twenty-two degrees twenty-nine
minutes fifty-one seconds West (N 22 degrees 29 minutes 51 seconds W), one hundred forty and
no one-hundredths (140.00) feet to an iron pin; thence by land now or formerly of Eldon E.
Funk, North sixty-one degrees nineteen minutes thirty-nine seconds East(N 61 degrees 19
minutes 39 seconds E), eighty-three and eighty-eight one-hundredths (83.88) feet to a point;
thence by the same, North forty-seven degrees three minutes forty-six seconds West(N 47
degrees 03 minutes 46 seconds W), two hundred forty-eight and thirty-three one-hundredths
(248.33)feet to a point; thence by the same, North forty-seven degrees twelve minutes forty-
eight seconds East(N 47 degrees 12 minutes 48 seconds E), three hundred twenty-eight and
seventy-three hundredths (328.73) feet to a point; thence by the same, South seventy-one degrees
thirty-five minutes eight seconds East (S 71 degrees 35 minutes 08 seconds E), one hundred
seventy-four and fourteen one-hundredths (174.14) feet to a point; thence by the same, South
fifty-nine degrees nineteen minutes fifty seconds East(S 59 degrees 19 minutes 50 seconds E),
four hundred eighty-eight and thirty-nine one-hundredths (488.39) feet to a point; thence by land
now or formerly of Roger L. Russell, South eighty degrees forty-one minutes nine seconds West
(S 80 degrees 41 minutes 09 seconds W), four hundred sixty(460) feet to a point; thence by the
same, South twenty degrees fifty-five minutes fifty-two seconds East (S 20 degrees 55 minutes
52 seconds E), one hundred fifty (150) feet to a point in the center of L. R. 21003 aforesaid;
thence by the center of said Road, South eighty degrees forty-one minutes nine seconds West(S
80 degrees 41 minutes 09 seconds W), two hundred sixty-seven and ninety-six hundredths
(267.96) feet to the place of BEGINNING.
CONTAINING 5.0308 acres, and being improved with a dwelling house, garage and
outbuildings.
BEING Lot No. 1 of the Subdivision Plan of the Sarah P. Russell Estate, as recorded in the
Office of the Recorder of Deeds for Cumberland County in Plan Book 34, Page 115.
TITLE TO SAID PREMISES IS VESTED IN John H. Hill, (Father of one of the within
Grantor), single man and Bertha Teresa Taylor, by Deed from Beverly Henke, (Daughter of the
within Grantee) and Michael L. Henke, Sr., h/w, dated 09/11/2006, recorded 01/30/2007 in Book
278, Page 2934.
PREMISES BEING:341 GAMELAND ROAD,NEWVILLE,PA 17241-8500
PARCEL NO.44-07-0489-007E
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO. 12-7478 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION—LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due CITIFINANCIAL SERVICES,INC. Plaintiff(s)
From BERTHA TERESA TAYLOR,JOHN H. HILL
(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: $165,285.96 L.L.: $.50
Interest FROM 7/3/2013 TO DATE OF SALE($27.17 PER DIEM)-$4,211.35
Atty's Comm: Due Prothy: $2.25
Atty Paid: $240.75 Other Costs:
Plaintiff Paid:
Date: 7/2/13
1)24,4i414—Th
David D. uell, Prothonotary
(Seal) : I �� _ _ • i//_ - -
Deputy
REQUESTING PARTY:
Name: ADAM H.DAVIS,ESQUIRE
Address: PHELAN HALLINAN,LLP
1617 JFK BLVD.,SUITE 1400
ONE PENN CENTER PLAZA
PHILADELPHIA,PA 19103
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No. 203034
AFFIDAVIT OF SERVICE
PLAINTIFF CUMBERLAND COUNTY
CITIFINANCIAL SERVICES,INC.
PH#778270
DEFENDANT SERVICE TEAM/lxh
BERTHA TERESA TAYLOR COURT NO.:12-7478-CIVIL
JOHN H.HILL C'? ~rt
C --t
SERVE BERTHA TERESA TAYLOR AT: TYPE OF ACTION
119 PEACH LN XX Notice of Sheriff's Sale {rt
CARLISLE,PA 17015-7808 SALE DATE: December 4,2013 '
SERVED t-- —n
C
Served and.made known to BERTHA TERESA TAYLOR,Defendant on the 2(0 day of J 20 t
,o'clock' M.,at tl in the manner described below: O o
§�Defendantpeersonally serve Ti Z N
Adult family member with whom Defendant(s)reside(s). ""1 --
Relationship is
_Adult in charge of Defendant's residence who refused to give name or relationship.
Manager/Clerk of place of lodging in which Defendant(s)reside(s).
Agent or person in charge of Defendant's office or usual place of business.
an officer of said Defendant's company.
_Other:
.S +2 `S M
Description: Age 1� Height � Weight (�D . Race 'Sex�Other
I, f WA .�&� ,a competent adult,hereby verify that I personally handed a true and correct copy of the
Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address
indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec.4904 relating to
unswom falsification to authorities.
DATE: U3 NAME:
PRINTED NAME: �M1�1 CX3 �
TITLEA/(� Aa t,
V
NOT SERVED
On the da of 20_,at o'clock_.M.,I, a competent adult hereby
state that-DiUendant NO'TTOUND—because:
Vacant _Does Not Exist _Moved Does Not Reside(Not Vacant)
No Answer on at at
Service Refused
Other:
I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn
falsification to authorities.
BY:
PRINTED NAME: KELLY WNARIK
ATTORNEY FOR PLAINTIFF NOTARY PUBLIC
Phelan Hallinan,LLP STATE OF NEW JERSEY
1617 JFK Boulevard,Suite 1400 MY COMMISSION EXPIRES JULY 31,2014
One Penn Center Plaza
Philadelphia,PA 19103
(215)563-7000
AFFIDAVIT OF SERVICE
PLAINTIFF CUMBERLAND COUNTY
CITIFINANCIAL SERVICES,INC.
PH#778270
DEFENDANT SERVICE TEAM/Ixh
BERTHA TERESA TAYLOR COURT NO.:12-7478-CIVIL
JOHN H.HILL
SERVE JOHN H.HILL AT: TYPE OF ACTION
119 PEACH LN XX Notice of Sheriffs Sale
CARLISLE,PA 17015 SALE DATE: December 4,2013 C -r1 2 'n
G -z^,
SERVED rn n3t r,
Served and made known to JOHN H.HILL,Defendan on the day of JJ >20 ,at Z j— ` OG3
r- o'clockl I.,at 10 -1 Ct�i QCs ,in the manner described below: 0 --A
_Defendant personally served.
GD �° —
Adult family member with whom Defendant ;s)reside(s). .�� � ��-;
Relationship is 13k'�,2-10A •TGPaA TYLA22
Adult in charge of Defendant's residence who refused to give name or relationship. y G F
_Manager/Clerk of place of lodging in which Defendant(s)reside(s). e�
Agent or person in charge of Defendant's office or usual place of business.
_ an officer of said Defendant's company.
_Other:
Description: Age �j5 Height 2 Weight 140 s Race VJ44GSex-Other
I, �K1 R4CXU a competent adult,hereby verify that I personally handed a true and correct copy of the
Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address
indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to
unsworn falsification to authorities.
D NAME:
I PRINTED NAME: FAA ��z3N
NOTARY PUBLIC TITLE: aC�c c
STATE OF NEW JERSEY
MY COMMISSION EX'fRES JULY 31,2014 NOTSERVED
On e o'clock .M.,I, a competent adult hereby
state that been ant 1\ iecause:
Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant)
_No Answer on at S at
_Service Refused Z`,Z
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
��Y
4
r,
�f.J7 iHHI0: I)
PHELAN HALLINAN,LLP Attorney for Plaint r,`
John Michael Kolesnik,Esq.,Id.No.308877 PFD t`0 CQUI.j!f
1617 JFK Boulevard,Suite 1400 'YLVAP IA
One Penn Center Plaza
Philadelphia,PA 19103
John.Kolesnik@phelanhallinan.com
215-563-7000
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,PENNSYLVANIA
Christiana Trust,a division of Wilmington Savings CUMBERLAND COUNTY
Fund Society,FSB,as trustee for Stanwich Mortgage
Loan Trust,Series 2012-18 COURT OF COMMON PLEAS
Plaintiff,
CIVIL DIVISION
v.
No.: 12-7478-CIVIL
BERTHA TERESA TAYLOR
JOHN H.HILL
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) a or Certified Mail Return
Receipt stamped by the U.S.Postal Service is attached her o ' • ' "A".
John 'ael Kolesnik,Esq.,Id.No.308877
/A /5 Att•,'ey for Plaintiff
Date:
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not
be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale
must be postponed or stayed in the event that a representative of the plaintiff is not present
at the sale.
PH#778270
N
,, its
and d Phelan Hallinen,LLP :v
Address 1111111 1617 1F1 Boulevard,Suite 1400 'i t r,,
Of Sender One Penn Center Plaza
Philadelphia.PA 19143 AZKICET-12/0412013 SALE ^ ill vs. 8
Line Article Timber Name oPAddressee,Street,and Post Office Address Postage m
I •see TatevrpOCCUPArrr 50.19 �s ._
341 GARTLAND ROAD ` o,g
AIEWYif1.P,PA 87241.1500 d
rn c.
2 .••" CITIFINANCIAL,INC, 45 = �N o
P.O.BOX 17170
BAEoTiMUKE MD 2520.3 a it,.•W
,••• CI11FIllANCIA1.,IIVC. 571.45 Y-' .�
244 SOUTH FAYE7TE STREET' a - ,,i.-
SHIPPEt.SDURG,PA 17157 r
4. 4 •*** COMMONWEAL-1110T PENNSYLVANIA,BOREAL OF ININVIDUAL TAX,INHEWTANCR TAX DI VISION $0.45.. ''. t
6TH FLOOR;STRAWBERRY SQ.;DEPT 2$1601 1,0x7* ,w ,
HARRISBURG,PA 87818
5 •*** DEPARTMENT OF PUBLIC WELFARE,TPL CASUALTY UNIT,ESTATE RECOVERY PROGRAM *5045
P.O.BOX 8486
WILLOW OAK BUILDING a
HAKRISBUKG,PA 17105
s •"•• Doeeul&Rotations at SoAS
Combs/had County
13 Nosh Hanover Street
Carlisle,PA 17013 /;
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Depsrliaeat of 9Veffare
PA.Box 2675 .r. tot Z
Katrlabnrg,PA 17105
8 "*"" latest!Revadob; rloe Advtserr $0.45
1001 Liberty Meese Roots 704 ,-_
PtuWlrrga,PA 15222 •
9 "`*'r U.S.Department of Justice
50.43
U.S.Attorney for the Middle Dintict of PA •
Federal Building
121 Widest Sere>t,SSaler n20 a
PO Bps 11754
E nricher 17108-1754
RE:BERTHA T13RESA TAYLOR{ ,iJ 1 � F-guS a.�s°A"a"�' ,,, f 1,,, ,,,MMt. 54.45 r
-
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of Total Nraalter of Pine. 'P*m.".n P r 40.. The fill daiatstion of voLr.Io og aedm ett dancafs a+d iwcaatiopai mg-stove e 1 The moeirmee iadevenity pytelt
Pieces[medby Sender Itcri ed et Post Office Reteiviti En tq}ae). Or the ixmmnrrioe efn rentable docummutondet Brea*Mil deenmc,r rrrnrn ruatior i>mrca m a SSD.000 aer
PO'o Mimi,s Uari of 3536,000 3r crn rce.The rraxiaam i iy layette on Expmu Mail mertluediu u S5O i
.. Tit aaxntam l k*523.00)tar mistral sail a•rn with optimal lessens.See Domestic Stad 6tiwrt ..
Ic900 MS earl Sni kg llmiaaaf ovrrray.. ,i.,
Form 3677 Facsimile .
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13 NOV 18 MIO: .IL, •
• ; J:°+OERL ,NU COUNT .
PENNSYLVANIA ••
•
•
• Phelan Hallinan,LLP Attorney For Plaintiff •
• 1617 JFK Boulevard,Suite 1400 • •
One Penn Center Plaza
Philadelphia,PA 19103
215-563-7000
CITIFINANCIAL SERVICES,INC. Court of Common Pleas
Plaintiff
. Civil Division
v.
CUMBERLAND County
BERTHA TERESA TAYLOR
JOHN H.HILL No.12-7478-CIVIL
Defendant(s)
PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF
PURSUANT TO Pa.R.C.P.,2352
TO THE PROTHONOTARY:
Kindly substitute CHRISTIANA TRUST,A DIVISION OF WILMINGTON SAVINGS
FUND SOCIETY,FSB,AS TRUSTEE FOR STANWICH MORTGAGE LOAN TRUST,SERIES
2012-18 as successor Plaintiff for the originally named Plaintiff.
The material facts on which the right of succession and substitution are based as follows:
CHRISTIANA TRUST,A DIVISION OF WILMINGTON SAVINGS FUND
SOCIETY,FSB,AS TRUSTEE FOR STANWICH MORTGAGE LOAN TRUST,
SERIES 2012-18 is the current holder of the mortgage by virtue of that certain
Assignment of Mortgage, which Assignment was recorded on 02/11/2013 in
Instrument No. 201304538 of the Recorder of Deeds Office in and for
CUMBERLAND County.
Kindly amend the information on the docket accordingly.
Date: By:
Zachary. .ne I.,Id.No.310721
for Plaintiff
PH#778270
1\jt\, SOPA allti
l3 �
cv ' Cig92
q 815
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Phelan Hallinan,LLP Attorney For Plaintiff
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
215-563-7000
CITIFINANCIAL SERVICES,INC. Court of Common Pleas
Plaintiff
Civil Division
v.
CUMBERLAND County
BERTHA TERESA TAYLOR
JOHN H.HILL No.12-7478-CIVIL
Defendant(s)
PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF
TO THE PROTHONOTARY:
Please mark the judgment in the above-captioned matter to the use of CHRISTIANA TRUST,A
DIVISION OF WILMINGTON SAVINGS FUND SOCIETY, FSB, AS TRUSTEE FOR
STANWICH MORTGAGE LOAN TRUST, SERIES 2012-18, located 1610 ST. ANDREWS
STREET SUITE B/150 SANTA ANA,CA 92705
Date: IF I J tJ PHELAN .AL LLP
B : i
Y
Zachar fines .,Id.No.310721
Att• - for Plaintiff
PH#778270
•
•
•
•
•
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Phelan Hallinan,LLP Attorney For Plaintiff
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
215-563-7000
CITIFINANCIAL SERVICES,INC. Court of Common Pleas
Plaintiff
. Civil Division
v.
. CUMBERLAND County
BERTHA TERESA TAYLOR
JOHN H.HILL No.12-7478-CIVIL
Defendant(s)
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of CHRISTIANA TRUST,A DIVISION OF
WILMINGTON SAVINGS FUND SOCIETY, FSB, AS TRUSTEE FOR STANWICH
MORTGAGE LOAN TRUST, SERIES 2012-18.
rI 2 r ' i
Date: I( [✓ PHELAN H ,LLP
By:
Zacha ne• ., q.,Id.No.310721
At d ,•y for Plaintiff
PH#778270
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•
•
Phelan Hallinan,LLP Attorney For Plaintiff
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
215-563-7000
CITIFINANCIAL SERVICES,INC. Court of Common Pleas
Plaintiff
. Civil Division
v.
. CUMBERLAND County
BERTHA TERESA TAYLOR
JOHN H.HILL No.12-7478-CIVIL
Defendant(s)
CERTIFICATION OF SERVICE
I hereby certify that true and correct copies of the foregoing Plaintiffs Praecipe to Mark
Judgment to CHRISTIANA TRUST,A DIVISION OF WILMINGTON SAVINGS FUND
SOCIETY,FSB,AS TRUSTEE FOR STANWICH MORTGAGE LOAN TRUST, SERIES 2012-
18, Substitution of Party Plaintiff and Entry of Appearance were served by regular mail on the
person(s)on the date listed below:
BERTHA TERESA TAYLOR
JOHN H.HILL
341 GAMELAND ROAD
NEW VILL E,PA 17241-8500
Date: l ! ✓ ` PHELAN HALL h • •• LLP
By: ' iii
Zachary ► • ,Es..,Id.No.310721
t .rne or Plaintiff
PI-OFFICE
U T E Pi OTHONOTARY
Phelan Hallinan, LLP DEC _ AM 10; (�
Jonathan M. Etkowicz, Esq., Id. No.20 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY
One Penn Center Plaza PENNSYLVANIA
Philadelphia, PA 19103
jonathan.etkowicz@phelanhallinan.com
215-563-7000
CHRISTIANA TRUST, A DIVISION OF • Court of Common Pleas
WILMINGTON SAVINGS FUND SOCIETY,
FSB, AS TRUSTEE FOR STANWICH • Civil Division
MORTGAGE LOAN TRUST, SERIES 2012-18 •
Plaintiff • CUMBERLAND County
•
v. • No.: 12-7478-CIVIL
•
BERTHA TERESA TAYLOR
JOHN H. HILL
Defendants
PLAINTIFF'S MOTION TO REASSESS DAMAGES
Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the
Prothonotary to amend the judgment in this matter, and in support thereof avers the following:
1. Plaintiff commenced this foreclosure action by filing a Complaint on December 13,
2012.
2. Judgment was entered on July 2, 2013 in the amount of$165,285.96. A true and
correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as
Exhibit"A".
3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment
containing a dollar amount must be entered for the amount claimed in the complaint and any item
which can be calculated from the complaint, i.e. bringing the interest current. However, new items
cannot be added at the time of entry of the judgment.
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4. The Property is listed for Sheriffs Sale on December 4, 2013.
5. Additional sums have been incurred or expended on Defendants'behalf since the
Complaint was filed and Defendants have been given credit for any payments that have been made
since the judgment. The amount of damages should now read as follows:
Principal Balance $135,551.05
Interest Through December 4, 2013 $28,416.25
Legal fees $2,100.00
Cost of Suit and Title $1,330.59
Property Preservation $1,480.00
Appraisal/Brokers Price Opinion $90.00
Escrow Deficit $4,067.11
TOTAL $173,035.00
6. The judgment formerly entered is insufficient to satisfy the amounts due on the
Mortgage.
7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to
inclusion of the figures set forth above in the amount of judgment against the Defendants.
8. Plaintiffs foreclosure judgment is in rem only and does not include personal
liability, as addressed in Plaintiffs attached brief.
9. In accordance with Cumberland County Local Rule 208.3(9),Plaintiff sent a copy of
its proposed Motion to Reassess Damages and Order to the Defendant on November 20, 2013 and
requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants.
A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of
mailing are attached hereto, made part hereof, and marked as Exhibit "B".
10. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that
Judge Kevin A. Hess entered an order to Lift Conciliation Stay dated May 10, 2013 .
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WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
Phelan Hallinan, LLP
DATE: By: 011.-mai AI or
Jona han ' . E owicz,Esquire
AT I 'I EY FOR PLAINTIFF
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Phelan Hallinan, LLP
Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
jonathan.etkowicz@phelanhallinan.com
215-563-7000
CHRISTIANA TRUST, A DIVISION OF • Court of Common Pleas
•
WILMINGTON SAVINGS FUND SOCIETY,
FSB, AS TRUSTEE FOR STANWICH • Civil Division
•
MORTGAGE LOAN TRUST, SERIES 2012-18
Plaintiff : CUMBERLAND County
•
•
v. • No.: 12-7478-CIVIL
•
•
BERTHA TERESA TAYLOR
JOHN H. HILL
Defendants
MEMORANDUM OF LAW IN SUPPORT OF
PLAINTIFF'S MOTION TO REASSESS DAMAGES
I. BACKGROUND OF CASE
BERTHA TERESA TAYLOR and JOHN H. HILL executed a Promissory Note agreeing
to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and
mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a
Mortgage on the Property located at 341 GAMELAND ROAD,NEWVILLE, PA 17241-8500.
The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any
necessary sums, including taxes, insurance, and other items, in order to protect the security of the
Mortgage.
In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous,
promised monthly mortgage payments. Accordingly, after it was clear that the default would not be
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cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently
entered by the Court, and the Property is currently scheduled for Sheriffs Sale.
Because of the excessive period of time between the initiation of the mortgage foreclosure
action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are
outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums,
costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage
in order to protect its interests. It is also appropriate to give Defendants credit for monthly
payments tendered through bankruptcy, if any.
II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT
It is settled law in Pennsylvania that the Court may exercise its equitable powers to control
the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E.,
Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase
Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The
Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its
judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489
(Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998).
Union National Bank of Pittsburgh v. Ciongoli,407 Pa.Super. 171, 595 A.2d 179 (1991).
The Supreme Court of Pennsylvania recognized in Landau v. Western Pa.Nat. Bank,445
Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact,
can be expected to change from day to day because the bank must advance sums in order to protect
its collateral. Because a Mortgage lien is not extinguished until the debt is paid,Plaintiff must
protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545,2 A.2d
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826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the
judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality
Company v. Burns,414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale
without the requested amended judgment,and if there is competitive bidding for the Property,
Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to
protect its interests. Conversely, amending the in rem judgment will not be detrimental to
Defendants as it imputes no personal liability.
In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that
a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa.
Super. 157, 390 A.2d 276 (1978). In the within case,the amount of the original judgment does not
adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender
payments during the foreclosure proceeding and the advances made by the mortgage company. The
Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal
and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors
are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance
premiums, fire insurance premiums,taxes and other assessments relating to the Property. The
mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur
significant unjust financial losses on this loan.
III. THE FORECLOSURE JUDGMENT IS IN REM ONLY
The within case is a mortgage foreclosure action,the sole purpose of which is to take the
mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage
foreclosure is strictly in rem and does not include any personal liability. Newtown Village
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Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer
Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania
Rule of Civil Procedure 1141(a).
However, Pennsylvania law requires that the foreclosure action demand judgment for the
amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for
bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the
mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would
receive the amount of the in rem judgment from the Sheriff
IV. INTEREST
The Mortgage clearly requires that the Defendants shall promptly pay when due the
principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest
to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days
prior to the date of default through the date of the impending Sheriffs sale has been requested.
V. TAXES AND INSURANCE
If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure
proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale,
Plaintiff s interest very well may be divested, and Plaintiff would sustain a complete loss on the
outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be
able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums.
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Most importantly,the Mortgage specifically provides that the mortgagee may advance the
monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is
simply seeking to have the Court enforce the terms of the Mortgage.
VI. ATTORNEY'S FEES
The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done
throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91
letters, loan documents, account records, title reports and supporting documents, preparing and
reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1
Notice, Department of Defense search, entry of judgment, the writ of execution process, lien
holder notices, and all of the other legal work that goes into handling the mortgage foreclosure
lawsuit.
The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The
amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the
loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded
that a request of five percent of the outstanding principal balance is reasonable and enforceable as
an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan
Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974).
In Federal Land Bank of Baltimore v. Fetner,the Superior Court held that an attorney's fee
of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super.
1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included
in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton
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Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are
significantly less than what is permitted by Pennsylvania law.
VII. COST OF SUIT AND TITLE
Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in
the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff
paid to date as a result of the mortgage default.
The title report is necessary to determine the record owners of the property, as Pa.R.C.P.
1144 requires all record owners to be named as Defendants in the foreclosure action. It is also
necessary to determine whether there are any prior liens to be cleared, so that the Sheriffs sale
purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens
on the property, whether the Defendants are divorced (which could affect service of the
complaint), and numerous other legal issues. The title bringdown is necessary to identify any
new liens on the property or new owners between the time of filing and complaint and the writ
date.
The Freedom of Information Act inquiries and the investigation into Defendants'
whereabouts are necessary to effectively attempt personal service of the complaint and notice of
sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1
and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriffs sale date, as
their interests will be divested by the Sheriffs sale.
Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were
necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred.
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The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its
foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from
the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of
suit and title in their entirety, which will not cause harm to the Defendants.
VIII. PROPERTY INSPECTIONS AND PRESERVATION
The terms of the mortgage provide for property inspections and property preservation
charges. The lender or its agent may make reasonable inspections of the property pursuant to the
terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender
may do, or pay for, whatever is reasonable to protect its interest in the collateral, including
property maintenance. Any amounts disbursed by the lender for property inspections and
preservation become additional debt of the borrower secured by the mortgage. The lender may
charge the borrower for services performed in connection with the default, for the purpose of
protecting the lender's interest in the property, including property inspections and valuation
costs.
When a loan is in default, the lender's risk increases. Mortgage companies typically have
a vendor visit the premises to determine if any windows need to be boarded up, if the property is
vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any
problems at the mortgaged premises, then the mortgage company may proceed to take whatever
steps are necessary to secure the collateral, such as boarding windows, winterizing, removing
hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks,
which are referred to in the industry as "property preservation". These services avoid code
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violations and avoid the property becoming an eyesore in the neighborhood. Property
preservation helps maintain property values in the neighborhood.
Accordingly, line items included in Motions to Reassess Damages for property
inspections and property preservation represent amounts which the mortgage company has paid
out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract.
Since the terms of the mortgage provide that such expenses by the mortgage company become
part of the borrower's debt secured by the mortgage, those expenses are properly included in the
Plaintiff's Motion to Reassess Damages.
IX. CONCLUSION
Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by
legal proceedings, and such delays require the mortgagee to expend additional sums provided for by
the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be
included in the judgment.
Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess
Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance
with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would
recover the monies it expended to protect its collateral.
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WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
Phelan Hallinan,LLP
DATE: q,3 By: AA /0,
Jonathan . Et owicz,Esquire
Atto for Plaintiff
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Exhibit "A"
778270
_r I , -ii0r. f".WTTAt
PHELAN HALLINAN,LLP +2 ,�1 ,O y p
Attorney for Plaintiff
Adam H.Davis,Esq.,Id.No.203034 flI IIIBERLAN;) COUNTY
1617 JFK Boulevard,Suite 1400 PENNSYLVANIA
One Penn Center Plaza
Philadelphia,PA 19103
215-563-7000
CITIFINANCIAL SERVICES,INC. : CUMBERLAND COUNTY
vs. : COURT OF COMMON PLEAS
BERTHA TERESA TAYLOR : CIVIL DIVISION
JOHN H.HILL .
: No. 12-7478-CIVIL
•
PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against BERTHA TERESA
TAYLOR and JOHN H.HILL,Defendant(s)for failure to file an Answer to Plaintiff's
Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged
premises,and assess Plaintiff's damages as follows:
As set forth in Complaint $165,285.96
TOTAL $165,285.96
I hereby certify that(1)the Defendants'last known addresses are 341 GAMELAND
ROAD,NEWVILLE,PA 17241-8500, 119 PEACH LN,CARLISLE,PA 17015-7808, and 119
PEACH LN, CARLISLE,PA 17015,and(2)that notice has been given in accordance with Rule
Pa.R.C.P l !` t 237.1. /Q
Date /// Y/l/ .
Adam H.Davis,Esq.,Id. No.203034
Attorney for Plaintiff
DAMAGES REgHEREBY ASSESSED AS INDICATED.
DATE: e2tJ w
PHS#284438 PROTHONOTARY
Q,4 Villa sWI af,
243
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3c)14 0
•
•
Exhibit "B"
778270
PHELAN HALLINAN, LLP
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103
(215) 563-7000
FAX#: (215) 563-3459
Phelan Hallinan, LLP Representing Lenders in
Pennsylvania
November 20,2013
BERTHA TERESA TAYLOR
JOHN H. HILL
341 GAMELAND ROAD
NEWVILLE,PA 17241-8500
RE: CHRISTIANA TRUST,A DIVISION OF WILMINGTON SAVINGS FUND SOCIETY,
FSB,AS TRUSTEE FOR STANWICH MORTGAGE LOAN TRUST, SERIES 2012-18
v. BERTHA TERESA TAYLOR and JOHN H. HILL
Premises Address: 341 GAMELAND ROAD NEWVILLE,PA 17241
CUMBERLAND County CCP,No. 12-7478-CIVIL
Dear Defendants,
Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages
and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your
concurrence with the requested relief that is,increasing the amount of the judgment. Please
respond to me within 5 days, by 11/26/2013.
Should you have further questions or concerns,please do not hesitate to contact me.
Otherwise,please be guided accordingly.
1 ours
J Van M. Etkowicz,Esq., Id.No.208786
At *rney for Plaintiff
Enclosure
778270
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Phelan Hallinan, LLP
Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
jonathan.etkowicz@phelanhallinan.com
215-563-7000
CHRISTIANA TRUST, A DIVISION OF • Court of Common Pleas
•
WILMINGTON SAVINGS FUND SOCIETY,
FSB, AS TRUSTEE FOR STANWICH • Civil Division
•
MORTGAGE LOAN TRUST, SERIES 2012-18
Plaintiff • CUMBERLAND County
•
v. • No.: 12-7478-CIVIL
•
BERTHA TERESA TAYLOR
JOHN H. HILL
Defendants
CERTIFICATION OF SERVICE
I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages,
and Brief in Support thereof, were sent to the following individuals on the date indicated below.
BERTHA TERESA TAYLOR BERTHA TERESA TAYLOR
JOHN H. HILL JOHN H. HILL
341 GAMELAND ROAD 119 PEACH LN
NEWVILLE, PA 17241-8500 CARLISLE, PA 17015-7808
Ph- . . ',an � '
DATE: ' j By: -m1
J i nathan ► . Etk wicz, sq re
A TO'. EY FOR PLAINTIFF
778270
C- .„ CA
iiLE'4Us_0 1"Hl
J;- �1E PROTHONCTAk '
2013 DEC 12 AM 10: 36
CUMBERLAND COUNTY
PENNSYLVANIA
Phelan Hallinan, LLP
Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Jonathan.Lobb@phelanhallinan.com
215-563-7000
CHRISTIANA TRUST, A DIVISION OF • Court of Common Pleas
WILMINGTON SAVINGS FUND SOCIETY,
FSB, AS TRUSTEE FOR STANWICH • Civil Division
MORTGAGE LOAN TRUST, SERIES 2012-18
Plaintiff CUMBERLAND County
•
vs.
No.: 12-7478-CIVIL
•
BERTHA TERESA TAYLOR
JOHN H. HILL
Defendants
PRAECIPE TO WITHDRAW MOTION TO REASSESS DAMAGES
TO THE PROTHONOTARY:
Plaintiff hereby withdraws its Motion to Reassess Damages, filed on December 5, 2013
in the above referenced action.
Phelan Hallinan, LLP
DATE: By:
Jon an Lobb, Esq., Id. No.312174
Attorney for Plaintiff
778270
Phelan Hallinan, LLP
Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Jonathan.Lobb@phelanhallinan.com
215-563-7000
CHRISTIANA TRUST, A DIVISION OF • Court of Common Pleas
•
WILMINGTON SAVINGS FUND SOCIETY,
FSB, AS TRUSTEE FOR STANWICH • Civil Division
•
MORTGAGE LOAN TRUST, SERIES 2012-18
Plaintiff • CUMBERLAND County
•
vs.
No.: 12-7478-CIVIL
•
BERTHA TERESA TAYLOR
JOHN H. HILL
Defendants
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of Plaintiff's Praecipe to Withdraw its
Motion to Reassess Damages was served upon the following interested parties on the date
indicated below.
BERTHA TERESA TAYLOR BERTHA TERESA TAYLOR
JOHN H. HILL JOHN H. HILL
341 GAMELAND ROAD 119 PEACH LN
NEWVILLE, PA 17241-8500 CARLISLE,PA 17015-7808
Phelan Hallinan, LP
DATE: 1 Z i/d/2 By:
J athan Lob , Esq., Id.No.312174
Attorney for Plaintiff
778270
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
CHRISTIANA TRUST, A DIVISION OF • Court of Common Pleas
WILMINGTON SAVINGS FUND SOCIETY, •
FSB, AS TRUSTEE FOR STANWICH • Civil Division
MORTGAGE LOAN TRUST, SERIES 2012-18 •
Plaintiff • CUMBERLAND County
•
v. • No.: 12-7478-CIVIL
BERTHA TERESA TAYLOR •
JOHN H. HILL
Defendants
RULE
AND NOW,this /4 - day of 2013, a Rule is entered upon the Defendants
to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess
Damages.
Defendants shall have twenty (20) days from the date of this Order to file a response to
Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a
Motion to Make Rule Absolute and no hearing will be scheduled on this matter.
BY T-E COURT
J.
i
778270
Jonathan M.Etkowicz, Esq.,Id.No.208786
Phelan Hallinan,LLP
1617 JFK Boulevard, Suite 1400
Philadelphia,PA 19103
TEL: (215)563-7000
FAX: (215) 563-3459
,ERTHA TERESA TAYLOR /BERTHA TERESA TAYLOR
JOHN H. HILL JOHN H. HILL
341 GAMELAND ROAD 119 PEACH LN
NEWVILLE, PA 17241-8500 CARLISLE, PA 17015-7808
o tFMS Pat
qa/i3 778270
778270
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
.
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F!| ED'OFc|CE
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Hill MAR 27 PM ] 27 -� - : U� ..
CUMBERLAND COUNTY
PENNSYLVANIA
OFF/CE OF THE SSERIFF
Citifinancial Services, Inc.
vs.
Bertha Teresa Taylor (et al.)
Case Number
2012-7478
SHERIFF'S RETURN OF SERVICE
09/23/2013 01:07 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 341 Gameland Road, Upper Mifflin - Township, NowviUe.
PA 17241, Cumberland County.
09/25/2013 12:25 PM - Deputy Jamie DiMartle, being duly sworn according to Iaw, 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 Bertha Taylor,
Roommate, who accepted as "Adult Person in Charge" for John H Hill at 119 Peach Lane, Middlesex
Twp, Carlisle, PA 17013, Cumberland County.
10/24%2013 Jamie Dimartile, Deputy, being duly sworn according to law, served the requested Real Estate Writ,
Notice and Oesuriphon, in the above titled ocbon, 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: Bertha
Teresa Taylor, at 119 Peach Lmne, Cod/n/e, PA, Cumberland County.
12/04/2013 Ronny R Anderson, Sheriff, being duly sworn according to |mw, states that after due and legal notice had
been given according to |avv, he exposed the within described premises at public venue or outcry at the
Cumberland County Cnurthouse, Codiu|e, Cumberland County, Pennsylvania on December 04, 2013 at
10:00 AM. He sold the same for the sum of $1.00 to Attorney Joseph Schalk, on behalf of Christiana
Trust, A Division of Wilmington Savings Fund Society, FSB, As Trustee for Stanwich Mortgage Loan
Trust, Series 2012-18, being the buyer in this execution, paid to the Sheriff the sum of $
SHERIFF COST: $83G7O SO ANSWERS,
February 19, 2014 RONNYR ANDERSON, SHERIFF
(c) ConIySLite Sheriff, Teleosol,/nc.
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On September 9, 2013 the Sheriff levied upon the
defendant's interest in the real property situated in
Upper Mifflin Township, Cumberland County, PA,
Known and numbered as, 341 Gameland Road,
Newville, as Exhibit "A" filed with this
writ and by this Reference incorporated herein.
Date: September 9, 2013
By:
Real Estate Coordinator
C � i N., r•,7
i '�..'. �� et '∎
LXII 41 CUMBERLAND LAW JOURNAL 10/11/13
Writ No. 2012 -7478 Civil Term
CITIFINANCIAL SERVICES, INC.
vs.
BERTHA TERESA TAYLOR,
John H. Hill
Atty.: Joseph Schalk
By virtue of a Writ of Execution
No. 12- 7478 - CIVIL, CITIFINANCIAL
SERVICES, INC. v. BERTHA TERESA
TAYLOR, JOHN H. HILL owner(s) of
property situate in the TOWNSHIP
OF UPPER MIFFLIN, CUMBERLAND
County, Pennsylvania, being 341
GAMELAND ROAD, NEWVILLE, PA
17241 -8500.
Parcel No. 44 -07- 0489 -007E.
Improvements thereon: RESIDEN-
TIAL DWELLING.
Judgment Amount: $165,285.96.
124
PROOF OF PUBLICATION OF,NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA :
: ss.
COUNTY OF CUMBERLAND :
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
October 11, October 18 and October 25, 2013
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
isa Marie Coyne, editor
SWORN TO AND SUBSCRIBED before me this
da of October 2013
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BOROUGH, CUMBERLAND COUNTY
My Commission Expires Apr 28, 2014
� Patriot-News Co.
�h�����
'
2020 Technology Pkwy
Suite 300'
Mechanicsburg, PA 17050
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE
PA 17013
the atr ot News
Now you know
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin) ss
yNahenneMU|er.be/ngduhowonmancordingholaw.deposamandaays:
That she is the Assistant Controller of The Patriot News Go., 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 pubhshed 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 severaily by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
PUBLICATION COPY
2012.74T8 Civil Term „
CMpnwwNCIAL SERVICES, INC.
vs.
BERTHA TERESA TAYLOR
John H Hill
Atty: Joseph Schalk
By virtue of a Writ of Execution mo
12-7478-CIVIL
CITIFINANOAL SERVICES, INC.
v.
BERTHA rcxaoATAYLOR
JOHN H. HILL
owner(s) of property situate in the
TOWNSHIP OF UPPER MIFFLIN,
CUMBERLAND County, Pennsylvania,
being
341 GAMELAND ROAD, NEWVRLE, PA
17m/-8500
Parcel No. 44-07w489f007E
(Acreage or street address)
Improvements thereon: RESIDENTIAL
DWELLING
Judgment Amount: S165,285.96
This ad ran on the date(s) shown below:
10/13/13
10/20/13
10/27/13
S or to .nd subscribed before me his day of November, 2013 A.D.
co MO OFPENNSY0ANIA
Notarial Seal
Holly Lynn Warfel, Notary Public
Washington Twp., Dauphin County
My Commission Expires Dec. 12, 2016
MEMBER, PENNSYLVANIA ASSOQATION OF NOTARIES
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
} SS:
I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the
Sheriff's Deed in which Christiana Trust as Trustee for Stanwich Mortgage Loan Trust Series 2012 -18
is the grantee the same having been sold to said grantee on the 4th day of December A.D., 2013, under
and by virtue of a writ Execution issued on the 25th day of June, A.D., 2013, out of the Court of
Common Pleas of said County as of Civil Term, 2012 Number 7478, at the suit of Citifinancial Services
Inc. against Bertha Teresa Taylor and John H. Hill is duly recorded as Instrument Number 201406177.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this
'1 , A.D.
ecorder of Deeds
Recorder of Deeds, Cumberland County, Carlisle, PA
My Commission Expires the First Monday of Jan. 2018