Loading...
HomeMy WebLinkAbout13-0157 ~., c. "*i 3 w ---~ ~ ~ ~ r.7' ~ ~ ~ rte- z ~ C3 C.1 z ~ x~ ~'~ ~. -„ Zy~ C3 ~£ g ..~ _.... PHELAN HALLINAN & SCHMIEG, LLP Christy Donati, Esq., Id. No.306628 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 Plaintiff v. NICHOLAS T. DOWLING, IN HIS CAPACITY AS ADMINISTRATOR AND HEIR OF THE ESTATE OF SCOTT M. DOWLING 118 BUTTERCUP LANE WELLSVILLE, PA 17365 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIIZMS, OR ASSOCIATIONS CLAIlVIING RIGHT, TITLE OR INTEREST FROM OR UNDER SCOTT M. DOWLING, DECEASED 434 RENO STREET A/K/A 434 RENO AVENUE NEW CUMBERLAND, PA 17070 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM S-? ~iYi NO. 13 ~ ` CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE O~ ,5~1 Q~ File #: 281051 "-~'~ $b3 ~c.,~ 1 ato.1 Q 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 #: 281051 1. Plaintiff is CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 2. The name(s) and last known address(es) of the Defendant(s) are: NICHOLAS T. DOWLING, IN HIS CAPACITY AS ADMINISTRATOR AND HEIR OF THE ESTATE OF SCOTT M. DOWLING 118 BUTTERCUP LANE WELLSVILLE, PA 17365 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER SCOTT M. DOWLING, DECEASED 434 RENO STREET A/K/A 434 RENO AVENUE NEW CUMBERLAND, PA 17070 who is/are the real owner(s) of the property hereinafter described. 3. On 11/25/2006 SCOTT M. DOWLING made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR CITIMORTGAGE,INC.tyhich mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1975, Page 1666 The PLAINTIFF is now the mortgagee and is in the process of formalizing an assignment of same. 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 05/01/2011 and each month thereafter aze due and unpaid, and by the terms File #: 281051 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 6 thereon are collectible forthwith. The following amounts are due on the mortgage as of 08/31/2012: Principal Balance $102,571.78 Interest $9,256.01 04/01 /2011 through 08/31 /2012 Late Charges $135.85 Property Inspections $274.75 Property Preservation $820.00 AppraisaUBrokers Price Opinion $168.00 Escrow Deficit 5 209.57 TOTAL $118,435.96 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. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendants on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendants has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 281051 9. Mortgagor SCOTT M. DOWLING died on 04/18/2011, and NICHOLAS T. DOWLING A/K/A NICHOLAS DOWLING was appointed Administrator/trix of his estate. Letters of Administration were granted to him on 05/06/2011 by the Register of Wills of CUMBERLAND COUNTY, No. 21-2011-0534. Decedent's surviving heir(s) at law and next-of--kin are NICHOLAS T. DOWLING, ABIGAIL K. DOWLING, and KENDALL GRACE DOWLING. 10. By executed waiver(s), KENDALL GRACE DOWLING waived her right to be named as a defendant in the foreclosure action. Said waiver(s) is/aze attached as Exhibit" A ". 11. Plaintiff does not hold the named Defendant(s), NICHOLAS T. DOWLING A/K/A NICHOLAS DOWLING and ABIGAIL K. DOWLING, personally liable on this cause of action. This action is being brought to foreclose the interest of the said Defendant(s) in the aforesaid real estate only, and the Defendant(s) has/have been named in accordance with the requirements of Pa R.C.P. 1144(a)(2) and 20 Pa.C.S.A. § 301(b). WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $118,435.96, together with interest, costs, fees, and chazges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: ~ Christy Donati, quire Attorney for Plaintiff File #: 281051 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the borough of New Cumberland, Cumberland county, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point at an iron pin at the southwest corner of the intersection of Reno street and fifth street; thence along the line of Reno street, south 43 degrees east, ninety-six (96) feet to an iron pin at the line of lands now or formerly of Clarence M. Prowell; thence along said Prowell lands south 47 degrees west, forty-four (44) feet to an 'X' in a wall; thence along the line of a one story dwelling and along the line of land now or formerly of Jacob Zimmerman, north 43 degrees west, ninety-six (96) feet to a stake on the line of fifty street; thence along the line of fifty street, north 47 degrees east, forty-four (44) feet to the point of beginning. BEING the northerly ninety-six (96) feet of lot no. 34 and the easterly eleven (11) feet of lot no 33, block 'M', George W. Buttorff s addition to the borough of New Cumberland, as recorded in deed book 'N', volume 5, page 498, Cumberland county recorders office. TAX id #: 25-24-0811-255 BY fee simple deed from Bruce R. Parthemore and Rebecca L. Parthemore, husband and wife as set forth in deed book 239, page 683 and recorded on 2/20/2001, Cumberland county records. PROPERTY ADDRESS: 434 RENO STREET, A/K/A 434 RENO AVENUE, NEW CUMBERLAND, PA 17070-1876 PARCEL # 25-24-0811-255 File #: 281051 EXHIBIT "A" WAIVER OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECI,05L1RE ACTION I, KENDALL GRACE DOWLING, I3eir of the Estate oFSCOTT M. DOWLING, hereby acknowledge that I may have an ownership interest in the property located at 434 RENO STREET A/KJA 434 RENO AVENUE, NEW CUMBERLANll, PA 17070 in accordance with Section 30l (b} of the Pennsylvania Probate, instates and Fiduciaries Code [20 I'a C.S.A. Section 301(b)J. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.R.C.P. 1141 et seq., which maybe instituted by Cl'IIMORTGAGL, INC. involving said property, which property was owned by the decedent at the dme of his death. I hereby consent to the foreclosure action, without any further notice of said action, incl~iding but not limited to the Sheriff s sale, and understand that any interest !may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain ally and all rights I may have under Pennsylvania iaw to reinstate ar otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff's sale of the mortgage premises. r b <r + ~atC• ~~ / r ~a • ~,._~ f ~r'~~ (~~ ~~ ___.... EY ~ _~~ .'~~ , _ 1' 4~., .~. _. (print name) ,t __._._...__.. _ ..._._ / / ~ ~ {sign name} Parent and/or Legal Guardian Of Kendall Grace Dowling, Minor Heir Of the Estate of Scott M. Dowling VERIFICATION Dan Fitzgerald, hereby states that ie he is employed as a Vice President -Document Control of, CITIMORTGAGE, INC., Plaintiff in this matter and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 12/21/2012 Name: Dan Fitzgerald Title: Vice President -Document Control File#: 281051 Name: DOWLING Attorney File No.: 281051 FORM 1 • IN THE COURT OF COMMON PLEAS CITIMORTGAGE, INC. OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) . vs. NICHOLAS T. DOWLING A/K/A NICHOLAS DOWLING, in his capacity as Administrator and Heir of the Estate of SCOTT M. DOWLING ABIGAIL K. DOWLING, in her capacity as Heir of the Estate of SCOTT M. DOWLING UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER SCOTT M. DOWLING, DECEASED Defendant(s) (~~ Civil C ~ `~ ~•, rn ~~ r'- ~„ ~ r'- '~~ : -~ cn -< I' ~. c~ ~ ca r-X ~ ~ -{ems ~~ za ~.~ ~° C ~ t3 d -~ c~ D ~ ~ -- -~.: 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 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 your receipt of this notice, you must contact MidPenn Legal Services at (717) 2439400 extension 2510 or (800) 822-5288 extension 2510 and request appoinhment of a legal representative at no chazge 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 your behalf. If you and your legal representative complete a fmancial worksheet in the format attached hereto, the legal representative will prepare and a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you wilhave an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested fmancial information so )fiat a loan resolution proposal can be prepazed on your behalf. If you and your lawyer complete a fmancial worksheet in the format attached hereto, your lawyer will prepaze 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: ~I~-~~3 Date Christy Donate, Esquire 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: City: Is the property for sale? Realtor Name: Borrower Occupied? Mailing Address (if different): City: Phone Numbers: Email: # of people in household: Mailing Address: Clty: Phone Numbers: Email: # of people in household: State: Zip: Yes ^ No ^ Listing date: Price: $ Realtor Phone: Yes ^ No ^ Home: Office: Cell: State:_ Zin: How long? Home: Cell: Other: Office: Other: State: Zin: How long? First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default• lorrower name(s): Property Address: Is the loan in Bankruptcy? Yes ^ No ^ If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Home: $ Other Real Estate: $ Retirement Funds: $ Investments: $ Checking: $ Savings: $ Other: $ Automobile # 1: Model: Amount owed: Automobile #2: Model: Value: Value: Year: Year: Amount owed: Value: Other transportation (automobiles boats motorcvclesl• 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 Eaoenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mort a e Food 2° Mort a e Utilities Car Pa ment s Condo/Nei h. Fees Auto Insurance Med. not covered Auto fueUre airs Other ro . a ent Install. Loan Pa ment Cable TV Child Su ort/Alim. S endin Mone Da /Child Care/Twit. 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): Fes; 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 Co-Borrower Signature Date 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) FILED-OFFICE OF THE PROTHONOTARY 2013 APR 16 AM 9: 56 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff CITIMORTGAGE, INC. COURT OF COMMON PLEAS CIVIL DIVISION VS. NO. 13-157-CIVIL NICHOLAS T. DOWLING A/K/A NICHOLAS DOWLING, in his capacity as Administrator and CUMBERLAND COUNTY Heir of the Estate of SCOTT M. DOWLING ET AL. MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, CITIMORTGAGE, INC., respectfully requests that this Honorable Court enter an ORDER granting Plaintiff's Motion for Service Pursuant to Special Order of Court in the above captioned matter and in support thereof avers the following: 1. On November 25, 2006, SCOTT M. DOWLING made, executed, and delivered a mortgage upon the premises at 434 RENO STREET, A/K/A 434 RENO AVENUE, NEW CUMBERLAND, PA 17070-1876. 2. The loan is in default as payments due May 1, 2011 and each month thereafter are due and unpaid. 281051 3. Real Owner SCOTT M. DOWLING died on April 18, 2011, and NICHOLAS T. DOWLING was appointed Administratrix of his estate. Letters of Administration were granted to him on May 6,2011 by the Register of Wills of CUMBERLAND County, No. 21-2011-0534. Decedent's surviving heir(s) at law and next-of-kin are NICHOLAS T. DOWLING and KENDALL GRACE DOWLING. A copy of the estate documents, which have been redacted to remove personal identifying information, are attached hereto, made part hereof, and marked as Exhibit "A". 4. Plaintiff performed a Good Faith-Investigation in an attempt to identify and locate the heirs of SCOTT M. DOWLING. Plaintiffs Investigation located an Obituary for SCOTT M. DOWLING. The Obituary states the deceased borrower is survived by three. children, NICHOLAS T. DOWLING, KENDALL GRACE DOWLING and ABIGAIL K. DOWLING. Heir of SCOTT M. DOWLING, Deceased. Attached hereto, marked as Exhibit "B" is a true and correct copy of Plaintiffs Affidavit of Good Faith Investigation. 5. By letter dated September 22; 2011, March 2, 2012 and July 12, 2012, Plaintiff contacted NICHOLAS T. DOWLING, KENDALL GRACE DOWLING and ABIGAIL K. DOWLING to inform them of the foreclosure action. Plaintiff attached with its letter a Waiver by Heir of Right to be Named as a Defendant. Plaintiff also requested information regarding the heirs of SCOTT M. DOWLING. Attached hereto, marked as Exhibit "C" is a true and correct .copy of Plaintiffs letter. 6. By executed waiver(s), KENDALL GRACE DOWLING waived her right to be named as a defendant in the foreclosure action.Said waiver(s) is attached as Exhibit" D ". 281051 7. On January 10, 2013, Plaintiff filed an Action in Mortgage Foreclosure. Attached hereto, marked as Exhibit "E" is a true and correct copy of the Complaint in Mortgage Foreclosure. 8. Plaintiff named as a defendant, the unknown heirs, successors, assigns, and all persons, firms or associations claiming right, title or interest from or under the decedent record owner in order to ensure that all possible parties with an interest in said property are notified of these proceedings and in order to ensure that good and marketable title to said property is conveyed by any future sheriffs auction. See Exhibit "E." 9. Because there may be parties with an interest in the mortgaged premises that are unknown, Plaintiff must effectuate service through Special Order of Court. 10. In compliance with Cumberland County Local Rule 208.3(a)(2), Plaintiff avers that "No Judge has previously entered a ruling in this case" 281051 11. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to the Defendants on April 2, 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 postmarked certificate of mailing is attached hereto,made part hereof, and marked as Exhibit "F. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint, and all future pleadings, by regular mail, by posting of the mortgaged premises, and by publication. Respectfully submitted, PHELAN HALL AN, LLP Date: Ark By: J M. Kolesnik, Esq., Id. No. 308877 Attorney for Plaintiff 281051 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 l 215-563-7000 Attorney for Plaintiff CITIMORTGAGE, INC. COURT OF COMMON PLEAS CIVIL DIVISION vs. NO. 13-157-CIVIL NICHOLAS T. DOWLING A/K/A NICHOLAS DOWLING, in his capacity as Administrator and CUMBERLAND COUNTY Heir of the Estate of SCOTT M. DOWLING ET AL. MEMORANDUM OF LAW According to Pa.R.Civ.P. 430(a), a plaintiff may petition the court to provide an alternative to personal service if the plaintiff cannot serve a party personally. The rule requires the affidavit presented in support of the motion for alternative service to state "the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why personal service cannot be made." Pa.R.Civ.P. 430 (a). The purpose of this procedure is to provide proof that a good faith effort has been made to effect service under normal methods. Only after such proof has been offered is the Court authorized to direct another method of substitute service. Deer Park Lumber, Inc. v. Major, 384 Pa.Super. 625,559 A.2d 941, 944 (1988), appeal denied, 525 Pa. 582, 575 A.2d 113 (1990). a 281051 Plaintiff has attached a report to its Motion, which sets forth the nature and extent of the investigation that has been made to determine the whereabouts of the heirs and assigns and the reason that such service cannot be made. Attached hereto, marked as Exhibit `B" is a copy of the Affidavit of'Good Faith Investigation. A deceased mortgagor need not be named as a party in a foreclosure action. Federal Land Bank of Baltimore v. King, 294 Pa.86, 143 A. 500 (1928). The personal representative, heir or devisee of a deceased mortgagor, if known, (unless released from liability) must be named as a defendant in a mortgage foreclosure action. Mover v. Diehl, 130 Pa.Super. 115, 196 A. 575 (1938). In the instant action, Plaintiff has appropriately named the unknown heirs, successors, assigns and all persons, firms, and associations claiming right title or interest from or under the decedent mortgagor as a defendant in order to convey clear and marketable title after a foreclosure sheriff's sale. Title companies customarily require foreclosing mortgagees to name the unknown parties in order to assure that any potential party with an interest in the mortgaged premises has an opportunity to defend the foreclosure. Finally, Plaintiff is seeking only to enforce an in rem judgment through the foreclosure of the mortgaged premises and is not pursuing a deficiency judgment in this action. WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant the requested relief. PHELAN HALL INAN, LLP Date: / By: n M. Kolesnik, Esq.; Id. No. 308877 Attorney for Plaintiff 281051 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 FAX#: 215-568-761.6 April 2, 2013 NICHOLAS T. DOWLING A/K/A NICHOLAS DOWLING 118 BUTTERCUP LN WELLSVILLE, PA 17365-9235 ABIGAIL K. DOWLING 1617 PARKLINE DR PITTSBURGH, PA 15227-1607 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER SCOTT M. DOWLING,DECEASED 434 RENO STREET, A/K/A 434 RENO AVENUE NEW CUMBERLAND, PA 17070-1876 RE: CITIMORTGAGE,INC.vs.NICHOLAS T.DOWLING A/K/A NICHOLAS DOWLING, in his capacity as Administrator and Heir of the Estate of SCOTT M. DOWLING ET AL. Civil Docket No. 13-157-CIVIL Dear Defendant: Enclosed please find a copy of my proposed Motion for Special Service of the Complaint and all future pleadings and Order. In accordance with CUMBERLAND County Local Rule 208.3(9) I am seeking your concurrence with the requested relief. Please respond to me within one week, by April 9, 2013. Should you have any further questions or concerns,please feel free to contact me. Otherwise,please be guided accordingly. Sincerely, SEAN MCLAUGHLIN Legal Assistant PHS #281051/SNM Exhibit "A" ROW460D Cumberland County - Register Of Wills Estate Inquiry File No 21 2011-00534 PA File No 21-2011-0534 Decedent DOWLING SCOTT M Page 1 of 1 -------------------------- FIRST ENTRY ---------------------------- 5/03/11 PETITION FOR GRANT OF LETTERS OF ADMINISTRATION DEATH CERTIFICATE OATH OF PERSONAL REPRESENTATIVE ------------------------------------------------------------------- 5/06/11 DECREE OF PROBATE & GRANT OF LETTERS ADMINISTRATION DB ---- --------------------------------------------------------------- 7/29/11 RULE 5. 6 .REMINDER LETTER MAILED TO PERSONAL REPRESENTATIVE HMW 8116111 CERTIFICATION OF NOTICE UNDER RULE 5. 6(A) HMW --------------------------- LAST ENTRY -------------- -------------- F2=Done F12=Cancel F17=Top F18=Bottom IN THE COURT OF COMMON'PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA REGISTER OF WILLS PETITION FOR PROBATE AND GRANT OF LETTERS Estate of -Tt Deceased ESTATE NO: 21- a/k/a: a/k/a: afk/a: SS NO: l {g(r G L - 14 a _tG Petitioner(s)who is/are 18 yrs of age or older,apply(ies)for: COMPLETE SECTION`A'or`B'AND"C"as applicable: OA.Probate and Grant of Letters Testamentary or 0Administration c.t.a.,or d.b.n.c,t.a.(complete.part Calso) and aver that Petitioner(s)is/are entitled to the aforementioned Letters under the last Will of the above-named Decedent,dated and codicil(s)dated (State relevant circumstances,e.g.renunciation,death of executor,etc.) Except as follows,Decedent did not marry,was not divorced,and did not have a child bom or adopted after execution of the instruments offered for probate;was not the victim of a killing, was never adjudicated an incapacitated person,,and was not a party to a pending divorce proceeding at the time of death wherein grounds for divorce had been established as defined in 23 Pa.C.S.A.§3323(g): J�B.Grant of Letters of Administration (If applicable,enter d.b.n.,pendent life,darantc absentia,durantc minoritata) C.Petitioner(s),after a proper search,has/have ascertained that Decedent left no Will and was survived by the following spouse(if any)and heirs(if Administration c.t.a.or d.b.n.c.t.a.,enter date of Will in Section A and complete list of heirs);was not the victim of a killing;was never adjudicated an incapacitated person;and was not a party to a pending divorce proceeding wherein grounds for divorce had been established as provided In 23 Pa,C.S.A.§3323(g),except as follows:_ r.} Name Address hi fo D ant t7 p _X + ct5� W -r� USE ADDITIO NAL SHEETS IF tiECESSARY f THIS SECTION MUST BE COMPLETED: � u �'3 O_ Decedent was domiciled at death in Cumberland County,Pennsylvania,with his/her last family or principaNsidence At fl 2,� Rt.c tr{. t�i i [ bcr .,t �r. 1707U CL .(a `l .� �•�� (Street address with Post Office and Zip Code,Municipality;Township,Borough,City) Decedent,then Ll -':, years of age,died L{ ' 14 ' ��l l at 7 4(w (Month.Day,Year ofdtath1 (City and State where death occurred) Estimated value of decedent's property at death: If domiciled in PA All personal property ~if not domiciled in PA Personal property in Pennsylvania S —if not domiciled in PA ' Personal property in County S _Value of Real Estate in Pennsylvania $ Total Estimated Value 5 A Location of Real Estzte in Pennsylvania:(Provide full address if possible.)�3�� "'Y �ilt I if w 61. i &f 1,..vr? Signature(s) Narne(s)&Mailing Address(es) /�, , Interim Form RW-02 revised:2.26.14 by Cumberland County pending action by the Court Page 1 of 1 OATH OF P ERSONAL REPRESENTATIVE Commonwealth of Pennsylvania $S County of Cumberland The Petitioner(s)herein named swear or affirm that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s)of the Decedent,Petitioner(s)will well and truly administer the estate according to law. Sworn to or affirmed and subscribed before me this day of 14; .D ono For the Register 0c: DECREE OF PROBATE AND GRANT OF ILETTERS� c-n Estate of 0 4-1 t-A • DOW\s('\(A —,- Deceased File Number: 21-- �Ij AND NOW,this�day of t�)("j mL� � ;�9 0 in consideration of the Petition on the reverse side hereon, satisfactory proof having been presented before me,IT IS DECREED that Letters Testamentary o"-1 Administration are hereby granted to: (lfgppflcabk,enter c.La.,d.bn.,db.nx.t.*.,etu) K h in the above estate and that Instruments(s)-bated described in the petition be admitted to probate and filed of record as the last Will and Codicil(s)of Decedent. Acn�_ 6 LL'Lp h Glenda Farner Strasbaugh, -Per Register of Wills FEES: Signature of Counsel Required to Enter Appearance Letters.................... L415 ( O_, Will........................ Atty's Signature Codicil(s)... .............. (il )Short Certificates it? .t L PRINTED Name: Renunciations....... Supreme Court ID No.: Bond ....................... Other............................. Address: ............I......I... ..... ........... ..... Automation FEE......... 5-00 JCS FEE..... ....... 23.59 Phone: Fax: TOTAL................s Interim Form RW-02 revised 12.26,10 by Cumberland County pending action by the Court Page 2 of 2 Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA. 17013 Phone : (717) 240-6345 Date: 07/29/2011 DOWLING NICHOLAS T 118 BUTTERCUP LANE m �C) WELLSVILLE, PA 17365 M N) A� t- O cr, 'n RE: Estate of DOWLING SCOTT M File Number: 2011-00534 Dear Sir/Madam: This notice is to serve as a reminder that the Certificate of Notice under Rule 5 .6 (a) is due on the below listed date. As per the AMENDMENTS TO SUPREME .COURT ORPHANS ' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO.1, for decedents dying on or after July 1, 1992, the personal representative or his councel, within. ten (10) days after giving proper notice to the beneficiaries and intestate heirs as required by subdivision (a) of Rule 5. 7, shall file with the Register of Wills or Clerk of the Orphans ' Court his/her Certification of Notice. This filing is due by: 08/16/2011 Please fee- free to contact this office with any questions you may have. If you have already filed your certificate, please disregard this notice. incer,41y, Glenda Farner Stras ugh Clerk of the Orphans, Court CC : File Counsel CERTIFICAT10,N 011 NOTICE UNDER Pa. 0,C, Rule 3.6(a) ��ryry J RE�ISTER OF WILLS C:GI n'J /2/ �Rr�itri COUNTY,PENNSYLVANIA .Name of Decedent: Date of Death:_�.--' �`� —�G� ( ( ile Number: Date Letters Granted: To the Register: 1 certify that Notice of Estate Administration required by Pa.O.C.Rule 5.6(a)of the Orphans'Court Rules was served on or mailed to the following beneficiaries of the above-captioned estate on arna ddres : .�'�t»�>t1�j"-�:�tt -1`yr�r..,l�'� 1l4 3U��y.ry t��� i.� �✓ct{�u11; Pti i�3GS 31Y "}tc� car+ 1< k L✓tlliv�lk Qi t7 3 � (Ifinere space is needed attach separate sheer.) Notiu has now been given to all peno ns cr it!ed: ere.o under P4 O.C.P Oe 5.6(a)except: Lt- Darr-$ 10-7,V11 r Si of Perso itin is crl 7 a r= '� rLr- Capacity: O Personal Representative rJ Counsel Y- Name of Perlon FiRij thin Fonin .--. .. jtti 13�tt•vc.�� t..� �,ie�lsvt ., t"75LS Q1 Adddren 7!z -7 ti y -7 reteyh,ne Exhibit "B" AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 281051 Attorney Firm: Phelan,Hallinan&Schmieg,LLP Subject: Scott M.Dowling Current Address: (Earl L.Dowling)1203 Market Street,Renovo,PA 17764 Property Address: 434 Reno Street a/k/a 434 Reno Avenue,New Cumberland,PA 17070 Mailing Address: (Earl L.Dowling)1203 Market Street,Renovo,PA 17764 I.CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Scott M.Dowling-xxx-xx-4730 B. EMPLOYMENT SEARCH Scott M.Dowling-A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Scott M.Dowling reside(s)at:434 Reno Avenue,New Cumberland,PA 17070. II.INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases,which indicated that Scott M.Dowling reside(s)at:434 Reno Avenue,New Cumberland,PA 17070.On 09-26-11 our office made a telephone call to the subject's phone number(71.7)774-5589 and received the following information:not in service. III.OBITUARY SEARCH A. Attempted to find obituary via http://oa.newsbank.com/ B. Found obituary published April 21,2011 in the Patriot-News,The(Harrisburg,PA).See attached. IV.INQUIRY OF HEIRS AND NEIGHBORS On 09-26-11 our office was unable to locate any information for Nick T.Dowling,relative of Scott M.Dowling. On 09-26-11 our office was unable to locate any information for Kendall Grace I.Dowling,relative of Scott M. Dowling. On 09-26-11 our office was unable to locate any information for Abigail K.Dowling,relative of Scott M. Dowling. On 09-26-11 our office was unable to locate any information for Earl Dowling,relative of Scott M.Dowling. On 09-26-11 our office was unable to.locate any information for Dave Dowling,relative of Scott M.Dowling. On 09-26-11 our office attempted to contact Hilda Dowling Christophel,relative of Scott M.Dowling at:118 Buttercup Lane,Wellsville,PA 17365,but was unable to get any phone number for her. On 09-26-11 our office attempted to contact Diane Dowling,relative of Scott M.Dowling at:1203 Market Street,Renovo,PA 17764,but was unable to get any phone number for her. On 09-26-11 our office attempted to contact Mary Eberly,potential relative of Scott M.Dowling at:121 North Madder Drive,Apartment L115,Mechanicsburg,PA 17050,but was unable to get any phone number for her. On 09-26-11 our office attempted to contact Kathy Ann Dowling,potential relative of Scott M.Dowling at:38 Greenmont Drive,Enola,PA 17025,but was unable to get any phone number for her. On 09-26-11 our office made a phone call in an attempt to contact Ella M.Dowling,relative of Scott M. Dowling at(717)923-1267,1203 Market Street,Renovo,PA 17764:not in service. On 09-26-11.our office made a phone call in an attempt to contact Earl L.Dowling Sr.,relative of Scott M. Dowling at(570)923-1267,1203 Market Street,Renovo,PA 17764:Our Office spoke with Earl L.Dowling who said Scott M.Dowling was his son&we can forward the letter to him at 1203 Market Street,Renovo,PA 17764. On 09-26-11 our office made several phone calls in an attempt to contact Mary B.Pickering,relative of Scott M. Dowling at(302)659-1472,48 White Birch Drive,Smyrna,DE 19977:answering machine. On 09-26-11 our office made several phone calls in an attempt to contact David A.Dowling,potential relative of Scott M.Dowling at(717)732-1119,38 Greenmont Drive,Enola,PA 17025:answering machine. On 09-26-11 our office made several phone calls in an attempt to contact Brenda L.Hawkins,potential relative of Scott M.Dowling at(71.7)458-5658,291 South Locust Point Road,Mechanicsburg,PA 17055:answering machine. On 09-26-11 our office made a phone call in an attempt to contact Danna S.Sprout,neighbor of the subject at (717)774-0164,426 Reno Avenue,New Cumberland,PA 17070:spoke with an unidentified male who could not confirm any heir information for Scott M.Dowling. On 09-26-11 our office made a phone call in an attempt to contact Nicholas E.Slaseman,neighbor of the subject at(717)770-2522,425 Reno Avenue,New Cumberland,PA 17070:spoke with an unidentified male who could not confirm any heir information for Scott M.Dowling. On 09-26-11 our office made several phone calls in an attempt to contact Sandra L.Buchanan,neighbor of the subject at(717)774-2082,422 Reno Avenue,New Cumberland,PA 17070:answering machine. V.ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 09-26-11 we reviewed the National Address database and found the following information:Scott M. Dowling-434 Reno Street,New Cumberland,PA 17070. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors,the following is a possible mailing address:no addresses on file. VI.OTHER INQUIRIES A. DEATH RECORDS As of 09-26-11 Vital Records and all public databases have a death record on file for Scott M.Dowling. VII.ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Scott M.Dowling-1968 B. DATE OF DEATH Scott M.Dowling-04-18-2011 C. A.K.A. Scott T.Dowling •Our accessible databases have been checked and cross-referenced for the above named individual(s). •Please be advised our database information indicates the subject resides at the current address. I hereby verify that the statements made herein are true and correct to the best of my knowledge,information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S.Sec.4904 relating to unsworn falsification to rities. The abc e infer ation is obtained from available public records d t 'rly liable for the cost of the affidavit. ObitsArchive.com: Document Display Page 1 of I ObitsArchivexom Patriot-News,The (Harrisburg,PA)-April 21, 2011 Deceased Name: Scott Martin Dowling Scott Martin Dowling, 43, of New Cumberland, died Monday, April 18,2011 at his home. He was a warehouse supervisor for the Washington Group. "A great, fun loving man, who was very loving to his children.He always made sure that everyone was happy and he did his best to give everyone that he knew what they needed." "Everyone knew the same guy. He never pretended to be someone he wasn't for anyone. He was himself. AIways put his kids (and animals)before himself. Whenever I needed to talk about something that I couldn't discuss with anyone else, I could talk.to him. He would always poke fun, but was also serious all the same.Not just a father, but a best friend." He is survived by three children, Nick T. and Kendall Grace I.Dowling of Wellsville and Abigail K.Dowling of Pittsburgh, his parents, Earl and Ella Dowling, Sr. of Renovo,two brothers,Earl and Dave Dowling,a sister,Diane Dowling, his previous wife,Heidi Chtistophel of Wellsville and girlfriend, Mary B. Pickering of New Cumberland. He was preceded in death by his sister Kathy.. Visitation will be from 10 a.m. until memorial services at 11 a.m. Tuesday at Daybreak Church, 321 Gettysburg Pike,Mechanicsburg,PA 17055. Interment will be held at the convenience of the family in Renovo. For more information or to send messages of condolence,please visit www.parthemore.com. Patriot-News,The(Harrisburg,PA) Date: April 21, 2011 Edition: Final Page: A09 , Record Number: 1.1.04216521747 Copyright,2011, The Patriot-News Co. All Rights Reserved. Used with permission. http://oa.newsbank.com/oa-search/we/Archives?p_action=print&p_docld=136C 1 EB 12475... 9/27/2011 Exhibit "C" PHELAN HALLINAN& SCHMIEG,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)320-0007,Ext. 1238 Fax: 215-563-3352 July 12,2012 NICHOLAS T. DOWLING,Administrator and Heir of the Estate of SCOTT M. DOWLING 118 BUTTERCUP LN WELLSVILLE, PA 17365-9235 ABIGAIL K. DOWLING,Heir of the Estate of SCOTT M. DOWLING C/O Susan Marie Hagg,a/k/a Susan Kamppi 1617 PARKLINE DR PITTSBURGH, PA 15227-1607 RE- SCOTT M.DOWLING;434 RENO AVENUE,A/K/A 434 RENO STREET,NEW CUMBERLAND,PA 17070-1876; CITIMORTGAGE,INC.;PHS#281051 Dear Sir/Madam(s): Kindly be advised that the Law Offices of Phelan Hallinan& Schmieg,LLP represent CITIMORTGAGE,INC.,the holder of the mortgage against the above-referenced mortgaged premises. Our office has been retained to bring a foreclosure action. Our office has been informed of SCOTT M. DOWLING's unfortunate death. We are sorry for your loss. As a possible heir of SCOTT M. DOWLING, you may have a vested ownership interest in the mortgaged premises upon his death under 20 Pa.C.S.A. §301(b). As such, Pennsylvania law-requires that you be included as a defendant solely in your capacity as heir in order to complete the foreclosure. Please be advised that you are not personally liable for the debt, as you did not execute the mortgage or note. This letter serves to afford you an opportunity to waive your right to be named as a defendant in the foreclosure action. Please find attached a-Waiver which I would appreciate your executing and returning to the undersigned within fourteen (14) days of the date of this correspondence. HLE � * This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. If the Waiver is timely returned it will not be necessary to name you as a defendant in the foreclosure action. However, if the Waiver is not timely returned and it is believed that you are an heir of the decedent, then our office may have no choice but to name you as a defendant in the action in order to divest any ownership interest you may have in the property.. . It will however, be necessary to name NICHOLAS T. DOWLING as a defendant in the foreclosure action in his capacity as Administrator of the Estate as required by the Pennsylvania Rules of Civil Procedure. Again,please be advised NICHOLAS T. DOWLING is not personally liable for the debt, as he did not execute the mortgage or note. It is our understanding that ABIGAIL DOWLING is a minor. As such; it will be necessary for her parent or legal guardian to execute the Waivers on their behalf. We believe, Susan Marie Haag;a/k/a Susan Kamppi, is the natural guardian for BIGAIL.DOWLING,therefore,request you execute the attached Waiver. Our Office also requests that you please provide us with any additional heir information for SCOTT M. DOWLING, Deceased. Thank you for your cooperation in this regard. .Please note that this waiver does not preclude you.from attempting to sell the subject premises and recovering any possible equity in the mortgaged premises prior to the completion of the foreclosure action. We would encourage you to contact your own attorney in regard to this matter. If you would like to request a payoff or reinstatement figure, please call(215) 563- 7000, and ask for the Foreclosure Resolution Department. If you have any other questions regarding.this letter, please contact a representative of our firm's Decedent Department at (215) 320-0007,Ext. 1238 S incer. ly , l; WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSUIZE ACTION 1, ABIGAIL K. DOWLING, Heir of the Estate of SCOT 1'M. DOW'LING, hereby acknowledge that I may have an ownership interest in the property located at 434.RENO AVENUE, A/K/A 434 RENO STREET,NEW CUMBERLAND, PA 17074-1876, in accordance with Section 301(b)of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.R.C.P. 1141 et seq., which may be instituted by CITIMORTGAGE, INC., involving said property, which property was owned by the decedent at the time of his death. I hereby consent to the foreclosure action,without any further notice of said action, including but not limited to the Sheriffs sale, and understand that any interest I may have in the mortgaged premises will be.divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to snake any claim for excess proceeds generated by the Sheriff's sale of the mortgage premises. Date: By (print name) (sign name) . Susan Marie Hagg, a/k/a Susan.Kammpi, Parent and Natural Guardian of Abigail K. Dowling, Minor Heir of Scott M. Dowling PHELAN HALLINAN&SCH'1EG,LLP 1617 3FK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)320-0007,Ext. 1380 Fax:215-563-3352 March 2, 2012 Abigail K.Dowling,Heir Of the Estate of Scott M. Dowling 834 Cedar Avenue Pittsburgh,PA 15212 RE3 SCOTT M.DOWLING; 434 RENO STREET A/K/A,434 RENO AVENUE,NEW CUMBERLAND,PA 17070-1876; CITIMORTGAGE,INC.;PHS#281051 Dear Ms. Dowling Kindly be advised that the Law Offices of Phelan Hallinan &Schmieg, LLP represent Citimortgage,Inc.,the holder of the mortgage against the above-referenced mortgaged premises. Our office has been retained to bring a foreclosure action. Our office has been informed that Scott M. Dowling,the owner of the property,has unfortunately passed away. It is our understanding that you are his daughter. We are sorry for your loss. As an heir of Scott M. Dowling, you may have a vested ownership interest in the mortgaged premises upon his death under 20 Pa.C.S.A. §301(b). As such, Pennsylvania law requires that you be included as a defendant solely in your capacity as heir in order to complete the foreclosure. Please be advised that you are not personally liable for the debt,as you did not execute the mortgage or note. This letter serves to afford you an opportunity to waive your right to be named as a defendant in the foreclosure action. Please find attached a Waiver which I would appreciate your executing and returning to the undersigned within fourteen (14) days of the date of this correspondence. If the Waiver is timely returned it will not be necessary to name you as a defendant in the foreclosure action. However, if the Waiver is not timely returned and it is believed that you are an heir of the decedent,then our office may have no choice but to name you as a defendant in the action in order to divest any ownership interest you may have in the property. Please note that this waiver does not preclude you from attempting to sell the subject premises and recovering any possible equity in the mortgaged premises prior to the completion of the foreclosure action. We would encourage you to contact your own attorney in regard to this matter. * This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy,we are only proceeding against the real estate secured by the mortgage. Please be adviser] that if you are not the daughter of the deceased property owner, then it is imperative that you notify our office immediately. Otherwise,we may have no choice but to naive you as a defendant in the foreclosure action. If you would like to request a payoff or reinstatement figure, please call (215).563- 7000, and ask for the Foreclosure Resolution Department. If you have any other questions regarding this letter,please contact a representative of our firm's Decedent Department at (215)320-0007,Ext. 1380 Sxticerel R6 ert W sick, 11 q.,Id. No.80193 Attorne .or P " tf Cc: «Tiii's firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy,we are only proceeding against the real estate secured by the mortgage. WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I,ABIGAIL K. DOWLING, Heir of the Estate of SCOTT M. DOWLING, hereby , acknowledge that I may have an ownership interest in the property located at 434 RENO STREET A/K/A,434 RENO AVENUE,NEW CUMBERLAND, PA 17070-1876, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code[20 Pa C.S.A. Section 301(b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.R.C.P. 1141. et seq., which may be instituted by CITIMORTGAGE,INC., involving said property, which property was owned by the decedent at the time of his death. I hereby consent to the foreclosure action,without any further notice of said action, including but not limited to the Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff's sale of the mortgage premises. Date: _ ABIGAIL K. DOWLING,Heir of the Estate of SCOTT M. DOWLING PHELAN HALLINAN&SCHMIEG,LLP Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-320-0007 ext.1316 Fax: 215-567-0072 Kathleen. Lake @fedphe.com Kathleen Lake Representing Lenders in Legal Assistant,Decedent Department Pennsylvania and New Jersey September 22,2011 Nicholas T.Dowling, Administrator& Heir of the Estate of Scott M. Dowling 118 Buttercup Lane ' Wellsville,PA 17365 } Kendall Grace Dowling,Heir of the Estate of Scott M. Dowling 118 Buttercup Lane Wellsville,PA 17365 RE: SCOTT M.DOWLING; 434 RENO STREET A/K/A 434 RENO AVENUE s NEW CUMBERLAND,PA 17070;CITIMORTGAGE,INC; PHS#281051 s Dear Sir/Madam: Kindly be advised that the Law Offices of Phelan Hallinan& Schmieg, LLP represent Citimortgage,Inc.,the holder of the mortgage against the above-referenced mortgaged premises. Our office has been retained to bring a foreclosure action. Our office has been informed that Scott M. Dowling, an owner of the mortgaged premises, has unfortunately passed away. We are very sorry for your loss. As an Heir of the Estate of Scott M. Dowling, you may have a vested ownership interest in the mortgaged premises upon his death under 20 Pa.C.S.A. §301(b). As such, Pennsylvania law requires that you be included as a defendant solely in your capacity as heir in order to complete the foreclosure. Please be advised that you are not personally liable for the debt,as you did not execute the mortgage or note. This letter serves to'afford you an opportunity to waive your right to be named as a defendant in the foreclosure action. Please find attached a Waiver which I would appreciate your executing and returning to the undersigned within fourteen (14) days of the date of this correspondence. If the Waiver is timely returned it will not be necessary to name you as a defendant in the foreclosure action. However, if the Waiver is-not timely returned and it is believed that you are an heir of the decedent,then our office may have no choice but to name you as a defendant in'the action in order to divest any ownership interest you may have in the property. It is our understanding that Kendall Grace Dowling may be a minor. As such, it will be necessary for her parent or legal guardian to execute the Waiver on her behalf. It will however, be necessary to name you,Nicholas T. Dowling, as a defendant in the foreclosure action in your capacity as Administratrix of the estate as required by the Pennsylvania Rules of Civil Procedure. Again,please be advised you are not personally liable for the debt, as you did not execute the mortgage or note Our Office also requests that you please provide us with any additional heir information for Scott M. Dowling. Thank you for your cooperation in this regard. Please note that this waiver does not preclude you from attempting to sell the subject premises and recovering any possible equity in the mortgaged premises prior to the completion of the foreclosure action. We would encourage you to contact your own attorney in regard to this matter. f If you would like to request a payoff or reinstatement figure,please call (215) 563- 7000, and ask for the Foreclosure Resolution Department. If you have any other questions regarding this letter,please contact the undersigned at(215) 563-7000, ex. 1200. i Sincerely, Kathieen Lake Legal Assistant f *This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy,we are only proceeding against the real estate secured by the mortgage. WAIVER OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, KENDALL GRACE DOWLING, Heir of the Estate of SCOTT M. DOWLING,hereby, acknowledge that I may have an ownership interest in the property located at 434 RENO STREET A/K/A 434 RENO AVENUE,NEW CUMBERLAND, PA 17070 in accordance with Section 301(b)of the Pennsylvania Probate,Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.R.C.P. 1141 et seq., which may be instituted by CITIMORTGAGE,INC. involving said property,which property was owned by the decedent at the time of his death. I I hereby consent to the foreclosure action,without any further notice of said action, including but not limited to the Sheriff s�sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise. payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff's sale of the mortgage premises. Date: Kendall Grace Dowling, Heir of the i Estate of Scott M. Dowling i x i r E. 1 WAIVER OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION E I,KENDALL GRACE DOWLING, Heir of the Estate of SCOTT M. DOWLING, hereby acknowledge that I may have an ownership interest in the property located at 434 RENO STREET A/K/A 434 RENO AVENUE,NEW CUMBERLAND, PA 17070 in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.R.C.P. 1141 et seq., which may be instituted by CITIMORTGAGE,INC. involving said property,which property was owned by the decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. 5 I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff's sale of the mortgage premises. i k 4 Date: By (print name) (sign name) i Parent and/or Legal Guardian Of Kendall Grace Dowling, Minor Heir Of the Estate of Scott M. Dowling { I 9 1 Exhibit "D" WAIVER OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION 1, KENDAL L GRACE DOWLING, Heir of the Estate of SCOTT M. DOWLING, hereby acknowledge that I may have an ownership interest in the property located at 434 RENO STREET A/K/A 434 RENO AVENUE,NEW CUMBERLAND,PA 17070 in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code[20 Pa C.S.A. Section 301(b)]. 1 do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.R.C.P. 1.141 et seq., which may'be instituted by CITIMORTGAGE, INC. involving.said property, which property was owned by the decedent at the time of his death. g: I hereby consent to the foreclosure action, without any further notice of said action, incI iding but not limited to the Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff's sale of the mortgage premises. Y Date. ' x rl ....... _ BY (print name) (sign name). Parent and/or Legal Guardian Of Kendall Grace Dowling, Minor Heir. Of the Estate of Scott M. Dowling Exhibit "E" supreme t..oUPt U �'eI1tIS�'IV�rilay Co urt O Conitlio. •pjec s For l'rot/tprtG+itrrV Use keet S Only: cjvi1'Gi ove Cl_ VI,13E-kLANll°9= ,£. Count- Docket No: 1`fte irr,`or lnuflon collected on this form is used solely Jor court administration purj)oses. This fornt does not s r�rlczrrr�rll or replace the tlin'�and service ol 1lecrdirr;.;s or other art)e s as ref uii•t;d��by lira=OLLII/es of courl. 1 Contniencentent of Action: 9 t:'otuPlaint 0 Writ of Summons 0j Petition ❑;'ransfer from Another Jurisdiction D.Declaration'of"faking Lead Plaintiff's Name: CITIMORTGAGE"INC. Lead Defendant's Name. NIC COLAS T.DOWLING A/K/A NICHOLAS DOWLING Dollar Amount Requested: Q w'ith'in arbitration Iimits Art,money damages requested? ❑Yes Q No f (Check one). Z outside arbitration.lirnits N Is this a Class Action Suit? ❑ Yes Is this an NIDJ Appeal? ❑'Yes 0 No Natne of Plaintiff/Appellant's Attorney: Chris Donati,Esq..Id.No.306628,Phelan Ilallinan&Schmieg,LLP r� ❑ Check here if you have no attorney (are a Self-Represented (I'ro Si] Litigant) _ ! Nature of the Case: Place an "X"to the left of the ONF;"case category that most accurately describes your PRIMARY CASE.If you ara.tnaking more than one type of claim,check the one that you consider most important. TORT(dry not include Mass Tort) CONTRACT(do not include Judgmena) CIVIL APPEALS Cl Intentional Ct Buyer Plaintiff. Administrative Agencies ❑ Malicious Prosecution ❑Debt Collection: Credit Card 0 Board of Assessment • Motor, Vehicle 0 Debt Collection: Other O Board of Elections •Nuisance _ 0 Dept.of Transportation 0 Premises Liability ❑Statutory Appeal:Other { 0 Product Liability(does not include mass tort) � 0 Employment Dispute: ❑Slander/Libel/Defamation Discrimination E ❑Other: 0 Employment Dispute:Other 0 Zoning Board ' _ __.... _-- ❑,Other: 1�'IASS TORT " ©Other: 0 Asbestos robacc0 - lJ'1'o\tc Tort- DFS 'I`oxic Tart-implant REAL PR{)YEIZTY MISCELLANEOUS a F exit ;t rite CI Ejectment ©Common Lawr5tat-utory Arbitration E)ih r: ❑:Eminent Domain/Condemnation 0 Declaratory Judgment 0 Ground Rent ❑Mandamus ©Landlord/Tenant Dispute ❑Non-Domestic'Relations - ®Mortgage Foreclosure: Residential Restraining Order I?12OFI SS:IO�AL.LIAHu,-j V ❑Mortgage Foreclosure: Commercial ©Quo Warranto 0 Partition ❑Replevin I-; 17e>.tal O Qtriet Title 0 Other: l..egal O Other; F3 El t}th4:'1'rolESS!nnal: Pa.R.72011 P. 2/5-'5 updated lI1/OX/2n11 . . . . FORM IN THE COURT OF COMMON PLEAS {'I i Iitiit7ltTGAGl', INC. OF CUMBERLAND COUNTY,PENNSYLVANIA Plairttiff(s) vs, NICI-10i,AS T. DOWLING AWA NICHOLAS I)Ott UNG,in his capacity as Administrator and 1 teir of the Estate of SCOTT M.DOWLF(\!G ABIGAIL K. DOWLING,in her capacity as Heir of the Estate of SCOTT M..DOWLING ITtiKNOWN HEIRS, SUCCESSORS,ASSIGNS, AND ALL YE:ItSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TinE OR INTF..REST FROM OR UNDER SCOTT M. DOWU fG,DECEASED 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 pat-ticipate 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 fit is police,you urust contact MidPernr tegal Services at(717)2439400 extension 2510 or(800)822-5288 extension.2510 and request Appointment of a legal representative at tro charge to you. Once you have been appointed a Iegal representative,yotr:rnust.promptly ineet wish that.legal representative within i wenty t,20)days of the appoinunent date.[wring,that.meeting,you must provide the legal representative with all requested financial infomiat.ion,so that a loan resolution proposal can be prepared on your holra.lf, I.f you and your legal represcivative complete a financial worksheet in the format attached hereto,the-legal reepresertat ve will prepare and a Request tar Conciliation Confer'en'ce Mili the Couf(,w1iicir rnusl'be f led with the Court vvrth.insixty(60)days of the service upon you of the foreclosttfe complaint. If you do so and a..conciliation conference is sdheduled,you willhave an cnppoi trinity to meet wii.h a representative of your leader in an attempt to work out reasonable arrangements with your Icndur 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 appoint.nrent 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 srguMcnts with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME,YOU MIDST ACT QUICKLY AND TAKE THE STEPS IZF,QIJIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date Christy Donatr,Esquire Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date __ _ Cutuilerland County Court of Common Pleas Docket# BORROWER l?EQLJEST FOR HARDSHIP ASSISTANCE To complete your request forhardship assistance,your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the hest of your knowledge: CUSTOM ER/PRIM APPLICANT Borrmver names): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No❑ Listing date: Price: $ Realtor Name: Realtor Phone Borrower Occupied'? Yes❑ No Q Mailing Address(if different): City: State: Zip= Phone Numbers: Home: Office:, Cell: Others Email: 4 of people in household: How long?, CO-BORROWER 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: Sccond Mortgage Lender: Type of Loan: Loarl Number: "Dotal Mortgage Payments Amount: $ Included Taxes&Insurance: t)Lttc of mast Payment: i,anary l �tson for Default: Is the low'n Bankruptcy?' Yes Q No❑ ' If ves,provide names, location of court,case number&attorney:- Assets Amount.OWcd: Value: Other Real Estate: $ $. Rctirenient Funds: $� $ Investments: Checking: $� $ Savings: $ $ Other: $ $ Automobile#'1: Model: Year: Amount owed: . Value: Automobile#2: Model: Year: Amount owed: Value: Otll rtraraaportattiott (autoiriobiles,badtsv-niotodd--*cles)' Mod0' Year: Ainoui}t awed: Value- Monthly Income Name of Employers: 1. .. Monthly Gross Mointhly Net 2 __ Monthly Gross Monthly Net s. ;Monthly Gross Monthly Net Additional Income Description(not wages)�,. tnanth y amount: monthly amount: .. Borrower Pay Days: Co-Borrower Pay Days: Montbiy Expenses:_(Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Morrgagc Food 2nd MortC7a e Utilities Car IIaylnent(s) (.'ortdo/,N6 ;h.I=ees Auto 111SUrance Med..(not covered) Auto fuel/repairs Other prop., a andiif Install.Loan Payment Cable TV Child.Support/Aline. Da K hild Care/Tuft. Other:Rx crises 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:. Couclselor: Phone Office}: ,Fax: Entail: Have you made application for Homeowners Emergency Mortgage Assistance Program (]-1EMAP) 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 M 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(Flame).- 'Phone:. Servicing Company(Name), Contact: _Phone: AUTHORIZATION I/We, authorize the above named _ to use/refer this information to my lender/servicer for the sole put-pose of evaluating my ftnancial 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 lenders counsel: L 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) b. Listing agreement(if property is currently on the market) Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 21.5-563-7000 FAX: 215-568-7616 Email: complaints @fedt)lre.com August 31,2012 Representing Lenders in Pennsylvania and New Jersey Office of the Prothonotary Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 Re: CITIMORTGAGE,INC.vs.NICHOLAS T.DOWLING A/K/A NICHOLAS DOW' LING /a,C'IION IN`MORTGA6E'- ORECLOSURE Dear Sir/Madam- Enclosed are an original and NUMBPR copies of a Civil Action in Mortgage Foreclosure relative to the above captioned matter for filing with your office. A cheek for filing has been attached in the amount of$.103.75. The sheriffs-office advised oiii office on 08/31/2012 that sheriff s costs total,$COST for this'file. If there is a concern regarding the costs,please contact Celeste Braxton at PH&S;please do not return the Complaint to our office. Please file the Complaint and return your receipt to us in the enclosed stamped,'self- addressed envelope,together with a time-stamped copy of the first page of the Complaint. l would also appreciate your taking the additional copies of the Complaint; the check for service, and the enclosed service sheet(s)to the Office of the Sheriff for service on the defendant(s). Thank you for your cooperation. Very truly yours, Phelan Hallinan&Schmieg,LLP COMPLAINT DEPARTMENT r��u: ?81051 Phelan Hallman & Schmieg, LLP 1617 T.FK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX: 215-568-7616 Email: co3nplaints@fedphe.com Representing Lenders.in Pennsylvania and New Jersey August 31, 2012 t 1~l2'`IlVl,It ZNI SER I.C1,; MILEAGE Al PI20VAL. To: The Sheriffs Department of CUMBERLAND County Re: Attached Service Request We°fbwgil!�d that sdhi ce`ol`.iiiarlgage,foreclosure complaints is a difficult task as many delcndants attenjpt. 10 eya.e sei: cc: lease note that we specifically authorize OVERTIME, t rl✓I EI�1D SER :ICE I I .MTUf F,A,*OI 3`Qr;service. The sheriffs office advised our office on 08!311201.2 that slieia 's.coats"tbtal OS`. for this file.If there is a concern regarding the costs, please contact Celeste Braxton_at'PH&,S;please do not return the Complaint to our office. Further,, we specifically authorize a ten {$10} dollar fax fee for the transmission of the service return to our office.at the service faxline of 215-568-7616. This applies to all cases whether service has been made or not. We would appreciate this fax transmission within 24 hours of the service return completion. Please call Francis S. Hallinan .or Dan Schmieg with any questions or requests you may have. Tliank you for your efforts. Phelan Hallman& Schmieg,LLP COMPLAINT DEPARTMENT File#: 281{}53 PHELAN HALLINAN&SCHMIEG,LLP Christy Donati,Esq.,Id.No.306628 1617 JFK Boulevard,Smite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia;PA 19103 215-563-7000 CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE COURT OF COMMON PLEAS O'FALLON,MO 63368 CIVIL DIVISION Plaintiff V. TERM NICHOLAS T.DOWLING,IN HIS CAPACITY AS NO. ADMINISTRATOR AND HEIR OF THE ESTATE OF SCOTT M.DOWLING CUMBERLAND COUNTY 118 BUTTERCUP LANE WELLSVILLE,.PA 17365 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALI,.PERSONS,FIRMS, OR ASSOCIATIONS CLAIMING RIGHT. TITLE OR INTEREST FROM OR UNDER SCOTT M.DOWLING,DECEASED . 434 RENO STREET A/K/A 434 RENO AVENUE NEW CUMBERLAND,PA 17070 Defendants CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE ray a: zs�ost 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 sct 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. IT 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 AT'T'ORNEY REFERRAL. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717)219-3166 (800)990-9108 Pile tl: 281051 1. Plaintiff is CITIMORTGAGE, INC 1000 TECHNOLOGY'DRIVE OTALLON, MO 63368 2. The name(s)and last known addresses),of the Defendant(s)are: NICHOLAS T.D04' LING,IN HIS CAPACITY AS ADMINISTRATOR AND I°llwlR OF THE ESTATE OF SCOTT M.DOWLING ]I8 BUTTERCUP LANE WELLSVILLE,PA 17365 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS,AND ALL PERSONS,FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST.FROM OR UNDER SCOTT M.DOWLING,DECEASED 434 RENO STREET A/K/A 434 RENO AVENUE NEW CUMBERLAND,PA 17070 who is/are the real owner(s)of the property hereinafter described. On 11/25/2006 SCOTT M. DOWLING made,executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INCORPORATED AS A NOMINEE FOR CITIMORTGAGEJNC.which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County. in Mortgage Book 1975, Page 1666'The PLAINTIFF is now the mortgagee and is in the process of formalizing an assignment of same. 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 05/01/2011 and each month thereafter are due and unpaid, and by the terms Filed: 291051 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. 6. The fallowing amounts are due on the mortgage as of 08/31/2.012: Principal.Balance $102,571.78 Interest $9,256.01. 04/01/2011 through 03/31/2012 Late Charges $135.85 Property Inspections $274.75 Property Preservation $320.00 Appraisal/Brokers Price Opinion $168.00 Escrow Deficit $5,209.57 TOTAL $118,435.96 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 l Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law, 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974,Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1 983,as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable,have been seat to the Defendants on the date(s)set fort thereon,and the temporary stay as provided by said notice has terminated because Defendants has/have tailed to meet with the Plaintiff or an authorized consumer credit counseling agency; or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File g: 28 051 9. Mortgagor SCOTT M. DOWLING died on 04/18/2011, and NICHOLAS T. DOWLING A/K/A NICHOLAS DOWLING-was appointed Administratoritrix of his estate. Letters of Administration were granted to him on 05/06/2011 by the Register of Wills of CUMBERLAND COUNTY,No. 21-201.1-0534. Decedent's surviving heir(s)at law and next-of-;kin are NICHOLAS T. DOWLING,ABIGAIL K. DOWLING,and KENDALL GRACE DOWLING. 10. By executed waiver(s), KEN'DALL; GRACE DOWLING waived her right to be named as a defendant in the foreclosure action:Said waiver(s) is/are attached as Exhibit" A ". .11. Plaintiff does not hold the named Defendant(s),NICHOLAS T. DOWLING A/K/A NICHOLAS DOWLING and ABIGAIL K. DOWLING,personally liable on this cause of action. This action is being brought to foreclose the interest of the said Defendant(s) in the aforesaid,real estate only, and the Defendants)has/have been named in accordance witli the requirements of Pa R.C.F. 1144(a)(2)and 20 Pa.C.S.A. § 301(b). WHEREFORE,Plaintiff demands an in reran judgment against the'Defendant(s)in the suin of $118,435.96, 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 & SCHMIEG,LLP By: i Christy Donr tiLE,quiie Attorney for Plaintiff 281051 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the borough of New Cumberland, Cumberland county; Pennsylvania, more particularly bounded and described as follows,to wit: BEGINNING at a point at an iron pin at the southwest corner of the intersection of Reno street and fifth street; thence along the line of.Reno street; south 43 degrees east, ninety-six (96) feet to an iron pin at the line of lands now or formerly of Clarence N1. Prowell;thence along said Prowell I and s south 47 degrees west, forty-four(44)feet to an X in a wall; thence along the line of a one story dwelling and along the line of land now or formerly of Jacob Zimmermann, north 43 degrees west,ninety-six(96) feet to a stake on the line of fifty street; thence along the line of fifty street; north 47 degrees east, fbity-four(44) feet to the point of beginning. BEING the northerly ninety-six(96)feet of lot no. 34 and the easterly eleven(11)feet.of lot no. 33, btock'M', George W. .Buttorffs addition to the borough of New Cumberland, as recorded in deed book.'N', volume 5,page 498, Cumberland county recorders office. TAX id ##: 25-24-0811-255 BY fee simple deed from.Bruce R. Parthemore and Rebecca L. Parthemore,husband and wife as set forth in deed book 239, page 683 and recorded on 2/20/2001, Cumberland county records. pROPER.TY ADDRESS: 434 RENO STREET,AIK/A 434 RENO AVENUE,NEW Cr<1l'IB E BLAND, PA 17070-1876 PARCEL#25-24-0811-255 rise : 281051 IB WAIVIS.R OIP I2"IG.1-I't TO )3E NAM.ri D AS A: DEFENDANT T IN,FORECLOSURE ACTION . 1,KENDALL (31—RACE DOWLING,Heir or the Estate o)'SCt1'l"I'1,4. I?O'tiy`UNG, hereby acknowledge that T may have an owncrship interest in the property located at 434 RENO STREET'A/K/A 434 RENO AVENUE,NEW CU.MBER.LA1 D, PA 17070 in accordance with Section 301(b)of the.Pennsylvania Probate, Estates Fund Fiduciaries Code [2011a C.S.A. Section 301(b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.?..C.P. 1 141 ct seq.,Axhich niay`be instituted by CITI AOR"I-GAGI,, INC. involving;said property, which property was owned by the decedeat at the;time of his death. s I hereby consent fo the foreclosure action, without any further n6tice of said action, incbtiding;but not limited to the Sheriff's sale, and understand that any interest 1 may have in the moitgag;ed premises will be divested upon completion-of the-foreclosure action. i I do retrain any and all rights I may have under Pennsylvania taw to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff's sale of the nnortgage premises. r1,ff' , �• i iv (pr It"name) r . (sign narnne) Parent and/or Legal Guardian Of It.endall Grace Dowling, Minor Heir Of the Estate of Scott M. Dowling VERIFICATION Dan Fitzgerald, hereby states that he is emploved as a Vice President- Document. Control of, CI`I°I.IVIORTGAGE INC., .Plaintiff in this matter and is a€€tborized to make this Verification. The siatements of fact contained in the foregoing Civil.Action in Mortgage Foreclosure are true and COrrect to the best of my information and belie=. I understand that this statement is made subJect to the penalties of 18 Pa. C.S. See. 4904 relating to €€ns-worn falsification to authorities. Name: Dan Fitzgerald DATE: 12/21/2012 Title: Vice President-.Document Control File#:281051 Name: DOWLING Attorney File No.: 281051 Request for Service R. Thomas Kline Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle, PA 17013 Ph: 717.240.6390 Fx: 717.240.6397 CITIMORTGAG.E, INC. _ Court Number: Expiration Date: "Type of Action: Mortgage.Foreclosure Com Taint Defendants:NICI-IOLAS T. DOWLI.NG A/KJA NICHOLAS DOWLING,ABIGAIL K. DOWLING. UNKNOWN HEIRS: SUCCESSORS, ASSIGNS, AND ALL, PERSONS, FIRMS,OR ASSOCIATIONS CLAIMING RIGHTS TITLE OR INTEREST FROM OR UNDER SCOTT M. DOWLING DECEASED Serve Upon: NICHOLAS T. DOWLIINTG A/K/A NICHOLAS DOWL.ING Address for Service: 434 RENO STREET, A/K/A 434 RENO AVENUE NEW CUMBERLAND,,PA 17070 71876 Alternate Address for Service: 118 BUTTERCUP LN WELLSVIL;LE; PA 17365-9235 Type of Service: ❑ Personal ❑ Adult in Charge ❑ Deputize ❑ Certified Mail ❑ Posting (copy of court order required) Special Service Instructions: **If service is to be made by deputized service to another-county please specify which oo'urity Filing Attorney's Information: 6 Name: Phelan Hallinan, LLP /attorneyName/ Address: 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Tole.hare: 215-563-7000 x 1482 Request for Service R. Thomas Kline Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle,PA 17013 Ph: 717.240.6390 Fx: 717.240.6397 CITIMORTGAGE, INC. Court Number: Expiration Date: Type of Action: Mortgarve Foreclosure Complaint Defendants:NICHOLAS T. DOWLING A/K/A NICHOLAS DOWLING, ABIGAIL K. DOWLING, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT,.TITLE OR INTEREST FROM OR UNDER SCOTT M. DOWLING, DECEASED Serve Upon:NICHOLAS T. DOWLING A/K/A NICHOLAS DOWLING Address for Service: 1.18 BUTTERCUP LN WELLSVILLI , PA 17365-9235 Alternate Address for Service: 434 RENO STREET, A/K/A 434 RENO AVENUE NEW CUMBERLAND,PA 17070-1876 Type of Service: ❑ Personal ❑ Adult in Charge ® Deputize ❑ Certified Mail ❑Posting (copy of court order required) Special Service Instructions: **If service is to be made by deputized service to another county please specify which co'unty. YOI�. . Filing Attorney's Information: Name: ' Phelan Hallinan, LLP /attomeyName/ Address: 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Tole:;ho.ne: 215-563-7000 x 1482 Request for Service R. Thomas Kline Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle, PA 17013 Ph: 717.240.6390 Fx: 717.240.6397 CITIMORTGAGE,INC. __. Court Number Expiratiori Date. Type of Action: Mortgagic Foreclosure Complaint Defendant/s:NICHOLAS T. DOWLING A/K/A NICHOLAS DOWLING,ABIGAIL K. DOWLING, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS; AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER SCOTT M. DOWLING.DECEASED Serve Upon: ABIGAIL K. DOWLING Address for Service: 434 RENO STREET, A/K/A 434 RENO AVENUE NEW CIJ�?II3FItLM4D, PA 17070-1876 Alternate Address for Service:. 1617 PARKLINE DR PITTSBiJG-I ; PA 15227-1607 Type of Service*. E] Personal ❑ Adult in Charge ❑ Deputize ❑ Certified Ma_it ❑Posting (copy of court order required) Special Service Instructions: **If service is to be made.by deputized service to another county please specify which Filing Attorney's Information: Name: Phelan Hallinan, LLP /attorneyName/ Address: 1617 J.FK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Tele hone: 215-563-7000 x 1482 . ___ Request for Service R. Thomas Kline Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle,PA 17013 Ph: 717.240.6390 Fx: 717.240.6397 CITIMORTGAGE,INC. Court Number: Expiration Date: Type of Action: Mort laoe Foreclosure Coin1,?1aint Deferidantls:NICHOLAS T.DOWLING.AlKIA NICHOLAS DOWLING, ABIGAIL K. DOWLING, UNKNOWN.HEIRS., SUCCESSORS,.ASSIGNS,-AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT,,TITLE OR INTEREST FROM OR UNDER SCOTT M.DOWLING,DECEASED Serve Upon: ABIGAIL, K. DOWLING Address for Service: . 1617 PARKLIKE DR PITTSBURGA, PA 15227-1607 Alternate Address'for Service: 434 RENO STREET, A/KJA 434 RENO AVENTUE NEW CUMBERLAND, PA 17070-1876 Type of Service: El Personal ❑ Adult in Charge 0 Deputize 0 Certified Mail p Posting(copy of court order required) Special Service Instructions: **If service is to be made by deputized service to another county please specify which 'co ify: .ALT.>EGHENI' Filing Attorney's Information: Narne: Phelan Hallinan, LLP /attorneyNTamel Address: 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Telc"3ioiiec, 215-563-7000.x 1482 _, , :• r ri, jai.:. �.. : , .. ,. .� ?-- � . �:': �X�l�l�: c c�� z, Phelan.liallinan,LL.P 1617 JIM,'.Boulevard, Suite 1400 One Penn(:enter Plaza Philadelphia, PA 19103 21ti-563-7000 FAX,%:215-568-7616 Apri12,?013 NICHOLAS 7'. DOWLING A/K/A NICI-IOLAS DOWLING i 18 BU'I-I'ERC:UP .LN WELLSVILLE,PA 17365-9235 ABIGAIL K. DOWLING 161.7 PARIULINE DR PITTSBURGH, PA 15227-1607 UNKNOU'N ILEIRS, SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS, OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER SCOTT M. DOWLING,DECEASED 434 RENO STREET,A/KJA 434 RENO AVENUE NEW CUMBERLAND. PA 17070-1.876 RE: CITIMOItTGAGE,INC.vs.NICHOLAS T.DOWLING A/KJA NICHOLAS DOWLING,in his capacity as Administrator and Heir of the Estate of SCOTT M. DOWLING ET AL. Civil Docket No. :13-157-CIVIL Dear Defendant: Enclosed please find a copy of my proposed Motion for Special Service of the Complaint and all future pleadings and Order. In accordance with CUMBERLAND County Local Rule 208.3(9) 1 am seeking your concurrence with the requested relief. Please respond to me within one week, by April 9, 2013. Should you have any further gUestions or Colic erris,please feel free to contact me. Otherwise,please be guided accordingly. Sincerely, SEAN MCLAUGHLIN Legal Assistant PIlS # 281051/SNM fN THE COURT OF COMMON PLEAS CCJM-BERLAND COUNTY,PENNSYLNTANIIA CI EMOR°IGAGE.INC. COURJ'OF COMMON .PLEAS CIVIL DIVISION vs. NO. 13-157-CIVIL IICI OLAS T. DOtVLING A/K%'NI.CHOLAS . DOWLING, in his capacity as Administrator and CUMBERLAND COUNTY Heir of the Estate of SCOTT M. DOWLING ET AL. ORDER AND NOVA', this day of , 2013, upon consideration of Plaintiff's N—Iotion for Service Pursuant to Special Order of court, it is hereby; ORDEIIED that Plaintiff may obtain service of the Complaint and of the Notice of Sheriff's Sale as authorized by Pa.RCI'. 3129.2 (c)(1)(i)(C), on Ihe. Defendant, UNKNC3l N HEIRS. SI C C:ESSORS, ASSICrNS., A-ND ALL PERSONS, RRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER SCOTT M. DOWLING, DECEASED, by publication of the Complaint in accordance with Pa.R..C,P. 430(10(1); by first Class mail at the mortgaged premises located at 434 RENO STREET, A'K/A 434 RENO AVENUE, NEW CUMBERLAND, PA 17070-1876. Service by jilail is cornplete upon the date of mailing; and by posting the mortgaged premises at 434 RENO STR.IEET. .A/KiA 434 RENO PHS 28105111;SNIN/I AVEN1.1,4 , NEW C:UMBEktl..,= NID, PA 17070-1876 by the Sheriff,or by a rlon-party ca..».petent adult. !I is further ORDERED D and DECREED that counsel for Plaintiff is hereby directed to ii}e a certificate of service with the.Prothonotary's office to assure complicai.tce with this c6urt order. BY THE; COURT: J. €'HS 281051!SNM. 161" ,f FK Boulevard, Suite 1400 One Penn Cenwr Plaza Pldlade3r1:i,PA 19103 215-563.7000 Ammey car P laiast R' Cl'. -Cj lGE, INC. CC:}URI' CAF COMMON I'[,EAS CIVIL DIVISION VS: NOC 13-157-CIVIL ` l(',' OLAS 3. DONk LING A/K."A NICHOLAS L7OW ING. in his capaci.Ly as Atlr inistrato and ULIMBEItI.r ND CO . ..I.,Y Heir of the 11state of SCOT TM.M. D{3WUNG i ITS' AL. MOTION FOR SERVICE PURSUANTTO SPECIAL(AUDER OF COURT t PlaifzdfE Ci iIM?/.l.\ 1 G rGE, IN d 0.e`9pb.#ctfulf) r�.: x{a ...t Ulma this l lonomb4 ! i an ORDER grat thim Plainta:.f's M{? ion f'or Service P, rs,,,i.nt to Special Order of t,ourt in he � Amu caphoned nmUn and C. lad 5 t, i-I t? < v ag: i I. On 25. 2001 SCC) T . ,OWJ_FN`= , , ;,,. C .xo.,,' rtcd. :.::,3i I mortgage bloc. the pternises at 434 4 17,E,l:;z . A%K/A 434 l NC A','1:N'I.II e i CUTNII3Ir.RL `iND.PA 17070-1876. 2. The loan is in Wm Al as paymnis alt_ fi y 2011 and. cachf n-,cu1.thi thet°eak.'E urw 411i� csS1Lt Lltltr'1C`t. 21:05 J 7. On January 10, 201.3, Plaintiff filed an Action in Mortgage foreclosure: Aitaclied. hereto. marked as .E.xhibit "E�" is a trite wi l correct copy of the Complaint in Mortgage Foreclosure. 8. Plaintiff named as a defendant, the unk.now.n .heirs,'successors, assigns, and all Pei-sons, fiats or associations claiming right; title or interest from. or under the decedent record. owrr)er in order to ensure that all possible parties with an.interest in said property are notified of these proceedings and in order to ensure that good and marketable title to said property is conveyed by any future sheriffs auction, See Exhibit It:' 9. Because th.eie may `tae parties -,.N-ith an interest in the mortgaged premises that are urikhown.Plaintiff must.effectuate service through Special Order of Court.. 10. In compliance with. Cumberland County. Local Rule 2083)(a)(2), Plaintiff avers. that"No Judge has previously entered,a ruling`i,n this case" . 281051 11, In accordance with Cumberland t'otinty Local Rule 2411.3(9), .Plaintiff sent a copy of its proposed Motion '2'to the Defendants on Feebruary , 20 113 wid requested (lie De cndants' concurrence. Plaintiff (lid not receive any response from, the Defendants. A true and correct copy of Plaintiffs later pursumtt to Local little 2483{9} and postmarked certificate ofmailirig is attached hereto, made part herleof, ind marked as Exhibit-pit "F." WHEREFORE. Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of'Civil Procedure. 34 directing service of the Complaint- and all future pleadings,by regular mail; by posting of the mortgaged premises,and by publication. Respectfully submitted, PH ELAN HALITNAN, LLP Date: By:, John Iv1.-Kolesnj. ,.Esq.., Id. No. 348877 g Attorney for Plaintiff I ' r 281051 Phelan ffallinan. LLP 161.7 .1F K Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 Attorney f'or.I'lai.ntift CITIMORTGAG£, INC. COURT OF COMMON PLEAS CIVIL,DIVISION! vs.., . NO. '13-IS7-C.iV1L NICHOLAS:T. DOWLING A/K/A NICHOLAS DO.Vr'.LING,.in his capacity as Administrator acid CUMBERLAND COUNTY Heir of the Estate of SCOTT M. DO-WLING ET AL. MEMORANDUM OF LAS'S According to Pa.R.Civ.P. 430(a), a plaintiff may petition the court to provide an alternative to personal service" if the. plaintiff cannot serve ca patty personally.. The rule requires the affidavit presented in support of the motion for alternative service to state "the nature and extent of the investio-ation Nvhici.i has been made to determine the whereabouts of the defendant and the reasons why- personal service cannot he made." Pa,R.Civ..P. 430 (a). The purpose of this.procedure is to provide proof that a good faith effort has been made to effect service tender normal nnethods. Only aft such proof has been offered is the Cow authorized to direct another .method of substitute service. Deer Parr. Lumber, Inc.. v.. IyI^i6o_r, 384 Pa.Saper. 625.559 A.2d 941, 944 (1988), appeal denied. 525 Pa. 582, 575 A.2d 1 l 3 (1990). 281051 Plaintiff has attached a report to its M"Otion, which sets florth the nature and extent of the mYesth),tlon that hits been made to deterf7nne the ,V'hcreabouts of the heirs and assigns and the reason that such service. cannot be made, Attached hereto, marred as Exhibit"B" is a copy of" Affidavit of Good Faith Investigation. A deceased roorigagor need not be harried as a party in a foreclosure action. Fedcral. Lanai Bark of Baltimore v._K.=, 294 Pa.86, 143 A. 500 (19718). The personal representative, heir or devisee of a deceased {mortgagor, if luiown, (unless released from liability) must be named as a defendant. in a mortgage foreclosure action. Mover v. Diehl, 130 Pa..Super. 115, 196 A. 575 (1938). In the instant action, Plaintiff has appropriately, named the unknovm heirs, successors; assigns and all persons, firms, and associations claiming right4itle.or interest frolh'or udder the decedent mortgagor as a defendant in order to convey clear and marketable title after a foreclosure sh.eri:l:i's sale. Tifl.e companies customarily require foreclosing mortgagees to name the unknown parties in order to assure that any potential party with an interest in the mortgaged premises has an opportunity to defend the foreclosure. Finally, Plaintiff is reeking only to enforce an in rem judgment through the 'foreclosure of the mortgaged premises and is not pursuing a deficiency judgment in this action. WHEREFORE, .Plaintiff respectfully 'requests this Honorable Court to grant the requested relief'. PHELAN HALLTNAN, LL.P Date: _ _ - By: — -- John M. Kolesnik,Esq., Id. No. 3481377 Attorney for Plaintiff 28 iOi1 Pliel�m) Hallitiaii, LLP 1617 JFK Bov.ievard. Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 Attorney for Plaintiff CITT.MORTGAGE. INC. COURT OF COMMON I'L,1:1:aS CIVIL DIVISION vs. NO. 13-157-CIVIL.. NICHOLAS T. DOWLING A/K/A NICHOLAS DOWLING, in his capacity as Adininistr�ator and CUMBERLAND COI'NTY .1-4eir o-'the Estate of SCO`I.".I' V1. DOWLING ET AL. CERTIFICATION:OF SERVICE . I hereby certify a true and correct copy of the foregoing Plaintiff's Motion for Special Service was served by regular.mail on Defendant(s)on the date listed below: NICHOLAS T. DOWLING A/K/A NICHOLAS DOWLING 118 BUTTERCUP LN WELLSVILLE, PA 17365-9235 ABIGAIL K. DOWLI IG 1617 PARKUKE DR PITTSBI.IRGH, PA 15227-1607 UNKNOWN HEIRS, SUCCESSORS, ASSICrNS,AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, "FITZE OR INTEREST FROM OR UNDER SCOTT Tt- DOWLI�G.. .DI CEASED 434 RENO STREET, A/K1A 434 .R-ENO AVENUE NEW CUMBERLAND, PA 17070-1876 PHE.LAN .H.ALLIN AN, .I.,.LP Dated: – ----- John:sr1. Kvlesnik,Esq., .Id..No. 308877 Attorney for Plaintiff 281051 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Fenn Center Plaza Philadelphia, PA 19103 215-56.3-7000 FAX#: 215-568-7616 April 1201, 3 VIA FEDERAL EXPRESS OFFICE 01"I Hb PROTHONOTARY Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: CITIMORTGAGE, INC,vs.NICHOLAS T.DOWLING AJK/A NICHOLAS DOWLING,in his capacity as Administrator and 11eir of the Estate of SCO'T'T At DOW LING ET AL. Civil Docket No. 13-157-CA"IL 7 Dear S.ir/Madam: Enclosed for filing and transmittal for execution,please find Plaintiffs Motion for Service of the Complaint pursuant to special Order of Court and proposed Order. .Kindly return a time-stamped copy of the signed Order in the enclosed self-addressed stamped envelope. If,for any reason,this Order and Motion will not be reviewed immediately, please contact the undersigned. Sincerely, SEAN MCLAUGi-1-ILIN Legal Assisitant. 281051 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Perm Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff CITIMORTGAGE, INC. COURT OF COMMON PLEAS CIVIL DIVISION vs. NO. 13-157-CIVIL NICHOLAS T. DOWLING A/K/A NICHOLAS DOWLING, in his capacity as Administrator and CUMBERLAND COUNTY Heir of the Estate of SCOTT M. DOWLING ET AL. CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the foregoing Plaintiff's Motion for Special Service was served by regular mail on Defendant(s) on the date listed below: NICHOLAS T. DOWLING A/KJA NICHOLAS DOWLING 118 BUTTERCUP LN WELLSVILLE, PA 17365-9235 ABIGAIL K. DOWLING 1617 PARKLINE DR PITTSBURGH, PA 15227-1607 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER SCOTT M. DOWLING, DECEASED 434 RENO STREET, A/K/A 434 RENO AVENUE NEW CUMBERLAND, PA 17070-1876 PHELAN HA INA LLP Dated: By: J Kolesnik, Esq., Id. No. 308877 orney for Plaintiff 281051 1913 JUN --3 PM 1. CITIMORTGAGE, INC.UMBERLAND COUNT)' � PENNSYLVANIA Plaintiff V. IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT NICHOLAS T. DOWLING A/K/A NICHOLAS DOWLING, in his capacity 2013-00157 CIVIL TERM as Administrator and Heir of the Estate of SCOTT M. DOWLING, ET AL., Defendants MORTGAGE FORECLOSURE IN RE: MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT ORDER OF COURT AND NOW, this e3 day of June 2013, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is ORDERED and DIRECTED that service of the Complaint and Notice of Sheriffs Sale upon the Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest From or Under Scott M. Dowling, Deceased may be made in the following manner: (1) by First Class and Certified Mail, return receipt requested, no signature required at the mortgaged property, 434 Reno Street, also known as 434 Reno Avenue, New Cumberland, Pennsylvania 17070-1876, service to be deemed complete upon mailing; (2) by posting a copy of the same on the most public portion of the property located at 434 Reno Street, also known as 434 Reno Avenue, New Cumberland, Pennsylvania 17070-1876; and (3) by publication once in the Cumberland County Law Journal and once in a newspaper of general circulation in Cumberland County, Pennsylvania, in the form directed by the applicable Pennsylvania Rules of Civil Procedure and Cumberland County Rules of Procedure. SUBSEQUENT papers may be served by first-class mail to Defendants at the aforesaid Colony Road address, with service to be deemed complete upon mailing. PLAINTIFF shall file a certificate of service to assure compliance with this Order of Court. BY THE COURT, Thomas A. Placey, C.P.J. Distribution: John M. Kolesnik, Esq. Abigail K. Dowling Nicholas T. Dowling A/K/A Nicholas Dowling ,.---�nknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest From or Under Scott M. Dowling, Deceased *LL _L PHELAN HALLINAN,LLP LA ri Adam H.Davis,Esq.,Id.No.203034 21113 A941 AM 9: 3 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza iCUMBERLAND COUNTY Philadelphia,PA 19103 PENNSYLVANIA 215-563-7000 CITIMORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. CUMBERLAND COUNTY NICHOLAS T. DOWLING, IN HIS CAPACITY No. 13-157-CIVIL AS ADMINSTRATOR AND HEIR OF THE ESTATE OF SCOTT M.DOWLING UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER SCOTT M. DOWLING, DECEASED Defendants PRAECI]PE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN,LLP By:_a,4.,, 7V zjq,"- Adam H. Davis,Esq., Id.No.203034 Attorney for Plaintiff Date: 0, ZS'l1q. /aIg, Svc Dept. File#281051 k) C # PHELAN HALLINAN,LLP Adam H.Davis,Esq.,Id.No.203034 2013 AUG _ 1 1617 7FK Boulevard,Suite 1400 411 10: 3 j One Penn Center Plaza CUMBERLAND Philadelphia,PA 19103 COUNTY Adam.Davis @PhelanHallinan.com 215-563-7000 CITIMORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION vs. CUMBERLAND COUNTY NICHOLAS T. DOWLING A/K/A NICHOLAS DOWLING, in his capacity as Administrator No. 13-157-CIVIL and Heir of the Estate of SCOTT M. DOWLING ABIGAIL K. DOWLING,in her capacity as Heir of the Estate of SCOTT M. DOWLING UNKNOWN HEIRS, SUCCESSORS, ASSIGNS,AND ALL PERSONS,FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER SCOTT M.DOWLING,DECEASED Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN, LLP BY= �atit� Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff Date: /bsp, Svc Dept. File#774883 # a9S Phelan Hallinan, LLP Jonathan Lobb,Esq.,Id. No.312174 ATTORNEYS FOR PLAINTIFF Jonathan.Lobb @phelanhallinan.com 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 • CITIMORTGAGE, INC. Plaintiff COURT OF COMMON PLEAS vs. NICHOLAS T. DOWLING A/K/A NICHOLAS CIVIL DIVISION DOWLING, in his capacity as Administrator and Heir of ---3 the Estate of SCOTT M. DOWLING CUMBERLAND COUNT- UNKNOWN HEIRS, SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS, OR ASSOCIATIONS : No. 13-157-CIVIL ^' c cn CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER SCOTT M. DOWLING,DECEASED :* Defendant(s) C ' AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular mail and certified mail,return receipt requested, to the following persons, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER SCOTT M. DOWLING, DECEASED at 434 RENO STREET,A/K/A 434 RENO AVENUE,NEW CUMBERLAND,PA 17070-1876 on August 5, 2013, in accordance with the Order of Court dated June 3,2013. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Phelan Hallinan,LLP DATE: S 7A3 By: Zii��/v J han Lobb,Esq., Id. No.312174 Attorney for Plaintiff Phelan Hallinan,LLP File#774883/alg AFFIDAVIT OF SERVICE — CUMBERLAND ALG PLEASE POST BY:08/31/2013 Up=s 5 -z PLAINTIFF COUNTY: CUMBERLAND ' ' - CITIMORTGAGE, INC. s r COURT NO. 13-157-CIVIL t 77, DEFENDANT =' UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, TYPE OF ACTION. ,._: AND ALL PERSONS, FIRMS, OR ASSOCIATIONS XX Mortgage Foreclosure C CLAIMING RIGHT, TITLE OR INTEREST FROM Eviction OR UNDER SCOTT M. DOWLING, DECEASED XX Civil Action Complaint on Promissory Note SERVE AT: 434 RENO STREET, A/K/A 434 RENO AVENUE, NEW CUMBERLAND, PA 17070-1876 ***PLEASE POST THE PROPERTY*** ***IN ACCORDANCE WITH THE***** ***ATTACHED COURT ORDER****** Served Posted and made known UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSO IATIONS CLAIMING RI�HT, SE OR INTEREST FROM OR UNDER SCOTT M. DOWLING, DECEASED, Defendant on the 20J? day of at o'clock, M.,at 434 RENO STREET,A/K/A 434 RENO AVENUE,NEW CUMBERLAND,PA 17070-1876,in the manner described below: Defendant personally served. Adult family member with whom Defendant(s)reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name/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 office of said defendant company. Other:(X61 Description: Age Height Weight Race Sex Other I, 11* a competent adult,being duly sworn according to law,depose and state that I personally posted a true and correct copy of the Complaint in Mortgage Foreclosure issued in the captioned case on the date and the address indicated above.I understand that this statement is made/subject to the penalties of 18 Pa.C.S.Sec.4904 relating(to�unnssworn falsification to authorities. DATE: 13 NAME: �- (', ' PRINTED NAME: &Joum-,�r '�'Ccoj TITLE: N'KeSS sep/e(L NOT SERVED On the day of ,20_,at o'clock_.M.,Defendant NOT FOUND because: _Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) No Answer on at at Service Refused Other: PH#774883 2013 OCT 17 AM 3R Phelan Hallinan, LLP ATTORNEYS FOR PLAINTIFF Zachary Jones,Esq., Id. No.310721 CUMBERLAND COUNTY 1617 JFK Boulevard, Suite 1400 PENNSYLVANIA One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. • Plaintiff • vs. COURT OF COMMON PLEAS NICHOLAS T. DOWLING,in his capacity as _ CIVIL DIVISION• administrator and heir of the estate of SCOTT M. CUMBERLAND COUNTY DOWLING • UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND No. 13-157 CIVIL ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER SCOTT M.DOWLING,DECEASED Defendant(s) AFFIDAVIT OF SERVICE BY PUBLICATION IN ACCORDANCE WITH COURT ORDER I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made known to the defendant,UNKNOWN HEIRS, SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS, OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER SCOTT M. DOWLING,DECEASED,in accordance with the Court Order dated June 3,2013 as indicated below: PH#774883 NRU r Q By publication as provided by Pa.R.C.P.Rule 430(b)(1)in The Sentinel on August 9,2013 and Cumberland Law Journal on August 16,2013.Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Phelan Hallinan,LLP ^ DATE: �� /✓ r _ _ Phe a•�11.•.n LP Zac/t one sq.,Id.No.310721 A .rn: fo •laintiff PH#774883 NRU PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Jackie Cox, Director of Sales, of The Sentinel, of the County and State aforesaid,being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid,was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): August 9,2013 COPY OF NOTICE OF PUBLICATION b 3 LIC-MC, I KM Kam.vronrn9n style, b y owner,1 e q`�yet only 33k mi.Good shape.$3,500. ' co 226,8964. Affiant further deposes that he/she is not 1.2447.3416,El;47711, ' , ,'`,. .I interested in the subject matter of the k k 1� aforesaid notice or advertisement, and that via, tw ', a all allegations in the foregoing statement as r T `` to time, place and character of publication k }Gd #r l f _' , Lirneditt.de att71;19444445- are true. P �3 yt . �r W It irlik i. 140bc ftmtQr 41.00070bo.'4 0689 (W IwfiElll�;+a0s,8Mu u� C /,(. ./'Ce=1 GokUtan, ® sirs a0 ✓ r¢ 4tk miles. h gr al d a " Stock#LXP791 A ti gr • r =$12,988 . 1-800-7784850" Ibbbylha$sauLcom ' M Sworn to and subscribed before me this I�''S'+tl tb �r � 14,Groat car ` rcl dal 16\Yr )015 dayr s n� a t t ��r�g.�IjtUle. T No !� .&jj r^.4 t1 04k mL$41,809—Call 40A . 4218 or 717-48&7622, � � �(� 7-- ',12040 Mustang Red/black, �` �t u�l (� �� P aQ a ` $12dc# 5E'3A Notary Public .black on h $24,18 1-0611-.77b-0p50 1 1.1 -012 Vsh star ",r W ck, 1 ! a I ' , Stook _., tAst My commission expires: ' a 1-800-778-0850 :bobbyrahallexus.com s a� ."At8,2004E Mar0011ThiaOk, 111 1703A COMMONWEALTH OF PENNSYLVANIA ', ' } = i-$ 111.0880 Notarial Seal Bethany M.Holtry,Notary Public Carlisle Boro,Cumberland County My Commission Expires Sept 26,2015 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES 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 August 16, 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. Marie Coyne, itor SWORN TO AND SUBSCRIBED before me this 20 day of September, 2013 4 i iii Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN this publication or a Judgment will MORTGAGE FORECLOSURE be entered against you. In the Court of Common Pleas of NOTICE Cumberland County,Pennsylvania Civil Action—Law If you wish to defend, you must enter a written appearance person- No. 13-157-CIVIL ally or by attorney and file your de- fenses or objections in writing with CITIMORTGAGE,INC. the court.You are warned that if you fail to do so the case may proceed Plaintiff without you and a judgment may be vs. entered against you without further NICHOLAS T.DOWLING a/k/a notice for the relief requested by the NICHOLAS DOWLING,IN HIS plaintiff. You may lose money or CAPACITY AS ADMINISTRATOR property or other rights important AND HEIR PF THE ESTATE OF to you. SCOTT M.DOWLING, YOU SHOULD TAKE THIS NO- UNKNOWN HEIRS, SUCCESSORS, TICE TO YOUR LAWYER AT ONCE. ASSIGNS AND ALL PERSONS, IF YOU DO NOT HAVE A LAWYER, FIRMS OR ASSOCIATIONS GO TO OR TELEPHONE THE OFFICE CLAIMING RIGHT,TITLE OR SET FORTH BELOW. THIS OFFICE INTEREST FROM OR UNDER CAN PROVIDE YOU WITH INFORMA- SCOTT M.DOWLING,DECEASED TION ABOUT HIRING A LAWYER. Defendants IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY NOTICE BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES To: UNKNOWN HEIRS, SUCCES- THAT MAY OFFER LEGAL SERVICES SORS, ASSIGNS AND ALL PER- TO ELIGIBLE PERSONS AT A RE- SONS,FIRMS OR ASSOCIATIONS DUCED FEE OR NO FEE. CLAIMING RIGHT, TITLE OR CUMBERLAND COUNTY INTEREST FROM OR UNDER ATTORNEY REFERRAL SCOTT M.DOWLING,DECEASED CUMBERLAND COUNTY You are hereby notified that on BAR ASSOCIATION January 10, 2013, Plaintiff, CITI- 32 S. Bedford Street MORTGAGE, INC., filed a Mortgage Carlisle,PA 17013 Foreclosure Complaint endorsed with (717)249-3166 a Notice to Defend,against you in the (800)990-9108 Court of Common Pleas of CUMBER- Aug. 16 LAND County, Pennsylvania, dock- eted to No. 13-157-CIVIL. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 434 RENO STREET a/k/a 434 RENO AVENUE,NEW CUMBER- LAND, PA 17070-1876 whereupon your property would be sold by the Sheriff of CUMBERLAND County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of 13 PHELAN HALLINAN, LLP D. Troy Sellars, Esquire PA Id 210302 126 Locust St. Harrisburg, PA 17101 215-563-7000 CITIMORTGAGE, INC. v. NICHOLAS T. DOWLING, in his capacity as Administrator and Heir of the Estate of SCOTT M. DOWLING, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER SCOTT M. DOWLING, DECEASED 22/41, COURT OF COMMON PLEAS CIVIL DIVISION NO. 13 -157 -CIVIL CUMBERLAND COUNTY PLAINTIFF'S MOTION TO AMEND CAPTION OF COMPLAINT AND APPOINTMENT OF A GUARDIAN AD LITEM Plaintiff, Citimortgage, Inc., by and through its attorneys, Phelan Hallinan, LLP, respectfully requests that this Honorable Court enter Orders granting Plaintiff's Motion to Amend Complaint in the above -captioned matter and to appoint a guardian ad litem for Defendant Abigail K. Dowling, Heir of Scott M. Dowling, and in support thereof avers the following: 1. On November 25, 2006, Scott M. Dowling made, executed, and delivered a mortgage upon the premises at 434 Reno Street a/k/a 434 Reno Avenue, New Cumberland, PA 17070- 1876. 2. The loan is in default as payments due May 1, 2011 and each month thereafter are due and unpaid. 3. Mortgagor Scott M. Dowling died April 18, 2011. 4. Plaintiff contacted the Register of Wills Office of Cumberland County and was informed that an estate was raised for Scott M. Dowling, deceased mortgagor. Nicholas T. Dowling was appointed Administrator of his estate. Letters of Administration were granted to him on May 6, 2011 by the Register of Wills of Cumberland County, No. 21-2011-0534. Decedent's surviving heirs at law and next-of-kin are Kendall Grace Dowling and Nicholas T. Dowling. Attached hereto, marked as Exhibit "A" is a true and correct copy of the estate documents. 5. Plaintiff performed a Good Faith Investigation in an attempt to identify and locate the heirs of Scott M. Dowling. Plaintiffs investigation located an obituary for Scott M. Dowling published on April 21, 2011 in the Patriot -News. Per the obituary Scott M. Dowling's surviving heirs are his children: Nicholas T. Dowling, Kendall Grace Dowling and Abigail K. Dowling. Attached hereto, marked as Exhibit "B" is a true and correct copy of Plaintiffs Affidavit of Good Faith Investigation. 6. Upon information and belief, Scott M. Dowling's surviving heirs at law and next-of- kin are Nicholas T. Dowling, Kendall Grace Dowling and Abigail K. Dowling. Any additional parties with an ownership interest in the mortgaged property are unknown to Plaintiff. 7. By letter dated September 22, 2011, Plaintiff attempted to contact Nicholas T. Dowling and Kendall Grace Dowling, heirs of Scott M. Dowling, deceased, to inform them of the foreclosure. Plaintiff attached with its letter, a Waiver by Heir of Right to be Named as a Defendant. Attached hereto, marked as Exhibit "C" is a true and correct copy of Plaintiffs letter. 8. By executed waiver, Heidi Christophel, Parent of Kendall Grace Dowling, Minor Heir, waived her right to be named as a defendant in the foreclosure action. Said waiver is attached as Exhibit "D". 9. On January 11, 2012, Plaintiff filed an Action in Mortgage Foreclosure, naming as defendants Nicholas T. Dowling and the Unknown Heirs of Scott M. Dowling. Plaintiff s complaint does not name Abigail K. Dowling as a defendant. Attached hereto, marked as Exhibit "E" is a true and correct copy of the complaint. 10. By letter dated March 2, 2012, Plaintiff attempted to contact Abigail K. Dowling, heir of Scott M. Dowling, deceased, to inform her of the foreclosure. Plaintiff attached with its letter, a Waiver by Heir of Right to be Named as a Defendant. Plaintiff did not receive a response or executed waiver. Attached hereto, marked as Exhibit "F" is a true and correct copy of Plaintiffs letter. 11. Pursuant to 20 Pa.C.S.A. 301 (b), "...Legal title to all real estate of a decedent shall pass at his[her] death to his[her] heirs or devisees, subject, however, to all the powers granted to the personal representative." 12. Pursuant to Pa.R.C.P. Rule 1144, the Plaintiff is required to name all real owners of the mortgaged property in actions of mortgage foreclosure. 13. The proper defendants are now Nicholas T. Dowling, in his capacity as Administrator and Heir of the Estate of Scott M. Dowling, Abigail K. Dowling, in her capacity as Heir of the Estate of Scott M. Dowling and the Unknown Heirs of Scott M. Dowling. 14. As Plaintiff has belief that Abigail K. Dowling is a minor, in accordance with Pa. R.C.P. 2031 (b) (4), Plaintiff has filed this within Motion to request this Honorable Court appoint a guardian for her. 15. Plaintiff, a foreclosing mortgagee, is required under Pennsylvania law to move for the appointment of a Guardian Ad Litem for Abigail K. Dowling before entering its In Rem judgment. 16. As Susan Kamppi is believed to be the mother of Abigail K. Dowling, it is requested that she be appointed Guardian Ad Litem in this action. 17. Plaintiff sent a copy of its proposed Motion to Amend Caption of Complaint and Appointment of a Guardian Ad Litem for minor Abigail K. Dowling and Order to the Defendants on April 11, 2014 and requested the Defendant's concurrence. On April 17, 2014, Plaintiff received a telephone call from Nicholas T. Dowling, Administrator of the Estate of Scott M. Dowling, in response to the Motion for Appointment of a Guardian Ad Litem for minor defendant, Abigail Dowling. Nicholas stated that he opposes the motion and expressed an interest in being appointed the Guardian for Abigail Dowling. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "G". WHEREFORE, Plaintiff respectfully requests your Honorable Court to grant its Motion to Amend Caption of Complaint and to appoint a Guardian Ad Litem for minor defendant Abigail K. Dowling. Dated: 512 7/(4, By: PHELAN HALLIN ,LLP D. Troy Self, Esq., ID # 210302 Attorney for Plaintiff PHELAN HALLINAN, LLP D. Troy Sellars, Esquire PA Id 210302 126 Locust St. Harrisburg, PA 17101 215-563-7000 CITIMORTGAGE, INC. v. NICHOLAS T. DOWLING, in his capacity as Administrator and Heir of the Estate of SCOTT M. DOWLING, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER SCOTT M. DOWLING, DECEASED COURT OF COMMON PLEAS CIVIL DIVISION NO. 13 -157 -CIVIL CUMBERLAND COUNTY MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO AMEND CAPTION OF COMPLAINT AND APPOINTMENT OF A GUARDIAN AD LITEM Pursuant to Pennsylvania law, a Plaintiff in Mortgage Foreclosure is required to name as defendants the real owner of the property subject to the foreclosure action. See Pa.R.C.P. Rule 1144. Pennsylvania law further provides that "...Legal title to all real estate of the decedent shall pass at ...death to (the) heirs of devisees, subject, however, to all the powers granted to the personal representative..." 20 Pa.C.S.A. 301 (b). As a result, the proper defendants in an action in mortgage foreclosure involving a decedent are the heirs or devisees, and the personal representative of the estate. Finally, Pa.R.C.P., Rule 1033 specifically provides that: A party may, by leave of court at any time, amend his pleading. The amended pleading may over transacting or occurrences which have happened before or after the filing of the original pleading... In the case sub judicia, Mortgagor Scott M. Dowling died April 18, 2011. Plaintiff contacted the Register of Wills Office of Cumberland County and was informed that an estate had been raised for Scott M. Dowling, deceased mortgagor. Nicholas L. Dowling was appointed Administrator of his estate. Letters of Administration were granted to him on May 6, 2011 by the Register of Wills of Cumberland County, No. 21-2011-0534. Decedent's surviving heirs at law and next-of-kin are Kendall Grace Dowling and Nicholas T. Dowling. Plaintiff performed a Good Faith Investigation in an attempt to identify and locate the heirs of Scott M. Dowling. Plaintiffs investigation located an obituary for Scott M. Dowling published on April 21, 2011 in the Patriot -News. Per the obituary Scott M. Dowling's surviving heirs are his children: Nicholas T. Dowling, Kendall Grace Dowling and Abigail K. Dowling. Upon information and belief, Scott M. Dowling's surviving heirs at law and next-of-kin are Nicholas T. Dowling, Kendall Grace Dowling and Abigail K. Dowling. Any additional parties with an ownership interest in the mortgaged property are unknown to Plaintiff. By letter dated September 22, 2011, Plaintiff attempted to contact Nicholas T. Dowling and Kendall Grace Dowling, heirs of Scott M. Dowling, deceased, to inform them of the foreclosure. Plaintiff attached with its letter, a Waiver by Heir of Right to be Named as a Defendant. By executed waiver, Heidi Christophel, Parent of Kendall Grace Dowling, Minor Heir, waived her right to be named as a defendant in the foreclosure action. Plaintiff initiated its Complaint in Mortgage Foreclosure and named Nicholas T. Dowling and the Unknown Heirs of Scott M. Dowling as party defendants as required by Pa.R.C.P. 1144. Abigail K. Dowling was not named in the complaint which was filed on January 11, 2012. By letter dated March 2, 2012, Plaintiff attempted to contact Abigail K. Dowling, heir of Scott M. Dowling, deceased, to inform her of the foreclosure. Plaintiff attached with its letter, a Waiver by Heir of Right to be Named as a Defendant. Plaintiff did not receive a response or executed waiver. As Plaintiff has belief that Abigail K. Dowling is a minor, in accordance with Pa. R.C.P. 2031 (b) (4), Plaintiff has filed this within Motion to request this Honorable Court appoint a guardian for her. Plaintiff, a foreclosing mortgagee, is required under Pennsylvania law to move for the appointment of a Guardian Ad Litem for Abigail K. Dowling before entering its In Rem judgment. As Susan Kamppi is believed to be the mother of Abigail K. Dowling, it is requested that she be appointed Guardian Ad Litem in this action. Because title to real property vests in the heirs of the decedent at the time of death, Plaintiff is obligated to name said heirs as party Defendants to the Complaint in Mortgage Foreclosure. Accordingly, the proper defendant parties in this action are now Nicholas T. Dowling, Abigail K. Dowling and the Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title, or Interest from or under Scott M. Dowling, Deceased. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order authorizing the amendment of the caption of the complaint and an Order appointing a Guardian Ad Litem for minor defendant, Abigail K. Dowling. Dated: SIL -1)7 ley By: PHELAN HALLINAN, LLP D. Troy S- rs, Esq., ID # 210302 Attorney for Plaintiff PHELAN HALLINAN, LLP D. Troy Sellars, Esquire PA Id 210302 126 Locust St. Harrisburg, PA 17101 215-563-7000 CITIMORTGAGE, INC. v. NICHOLAS T. DOWLING, in his capacity as Administrator and Heir of the Estate of SCOTT M. DOWLING, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER SCOTT M. DOWLING, DECEASED COURT OF COMMON PLEAS CIVIL DIVISION NO. 13 -157 -CIVIL CUMBERLAND COUNTY CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the foregoing Plaintiff's Motion to Amend Caption of the Complaint and Appointment of a Guardian Ad Litem and Memorandum of Law in Support thereof was served by overnight mail on Defendant on the date listed below: Nicholas T. Dowling a/k/a Nicholas Dowling 118 Buttercup Lane Wellsville, PA 17365-9235 Abigail K. Dowling c/o Susan Kamppi 1617 Parkline Drive Pittsburgh, PA 15227-1607 Unknown Heirs of Scott M. Dowling, Deceased 434 Reno Street a/k/a 434 Reno Avenue New Cumberland, PA 17070-1876 PHELAN HALLINAN, LLP Dated: 61d- 7 /h By: Vfil, 71 D. Troy Sel s, Esq., ID # 210302 Attorney for Plaintiff Exhibit "A" ROW460D Cumberland County - Reg.ister Of Wills Estate Inquiry File No 21 2011-00534 PA File No 21-2011-0534 Decedent DOWLING SCOTT M FIRST ENTRY Page 1 of 1 5/03/11 PETITION FOR GRANT OF LETTERS OF ADMINISTRATION DEATH CERTIFICATE OATH OF PERSONAL REPRESENTATIVE 5/06/11 DECREE OF PROBATE & GRANT OF LETTERS ADMINISTRATION DB 7/29/11 RULE 5.6.REMINDER LETTER MAILED TO PERSONAL REPRESENTATIVE HMW 8/16/11 CERTIFICATION OF NOTICE UNDER RULE 5.6(A) HMW LAST ENTRY F2=Done F12=Cancel Fl7=Top F1.8=Bottom IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REGISTER OF WILLS PETITION FOR PROBATE AND GRANT OF LETTERS Estate of a/k/a: a/k/a: a/k/a: , Deceased ESTATE NO: 21- .9 C (, - U 6y,3z1 SS NO: \(a& Z - (-1 730 Petitioner(s) who is/are 18 yrs of age or older, apply(ies) for: COMPLETE SECTION 'A' or 'B' AND "C" as applicable: 0 A. Probate and Grant of Letters Testamentary or 0 Administration e.t.a., or d.b.n.c.t.a. (complete Part Calso) and aver that Petitioner(s) is/are entitled to the aforementioned Letters under the last Will of the above-named Decedent, dated and codicil(s) dated (State relevant circumstances, e.g. renunciation, death of executor, etc.) Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instruments offered for probate; was not the victim of a killing, was never adjudicated an incapacitated person, and was not a party to a pending divorce proceeding at the time of death wherein grounds for divorce had been established as defined in 23 Pa. C.S.A. § 3323(g): ;RS. Grant of Letters of Administration (ttappilsabte, enter d.b,n., pendent Ilk, duraote absentia, donate minoritste) C. Petitioner(s), after a proper search, has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs (if Administration e.t.a. or d.b.n.c.t.a., enter date of Will in Section A and complete list of heirs); was not the victim of a killing; was never adjudicated an incapacitated person; and was not a party to a pending divorce proceeding wherein grounds for divorce bad been established as provided in 2.3 Pa. C.S.A. § 3323(g), except as follows:_,_, sir'' Address shin to DII>deat rt USE ADDITIONAL SHEETS IF NECESSARY ' A --1 C.-',. i- n THIS SECTION MUST BE COMPLETED: yr `1' q Decedent wasdomiciled at death in Cumberland County, Pennsylvania, with his/her last family or principafsidence At 1.111R.c,ii: 'tiv(, N t.. 6— icer L,.,,,4 R, t7c-7,-; New (c .L.rt_,..V3c,.Z (Street address with Post Office and Zip Code, Municipality; Township, Borough, City) Decedent, then CI -5 years of age, died q — 14 - 7‘' I 1 at f \((,w L L,"iot ri,.s e RG (Month, Day, Year of deathi (City and State where death occurred) Estimated value of decedent's property at death: If domiciled in PA All personal property $ 1 cfo[.'t' `_If not domiciled in PA Personal property in Pennsylvania S If not domiciled in PA - Personal property in County $ Value of Real Estate in Pennsylvania S Total Estimated Value 5 Location of Real Estate in Pennsylvania: (Provide full address if possible.) 14.1C I VI LW w' �U 1.-„„? Q ` 17c, ?u Name(s) & Malting Address(es) [,,,,i,/,!---2--,,"--- ,, ,,! ._ O�oli,, DoUI,�M� 85 \1i i3=1kcrt-19l'' t:, rrt t 0 1 rt USE ADDITIONAL SHEETS IF NECESSARY ' A --1 C.-',. i- n THIS SECTION MUST BE COMPLETED: yr `1' q Decedent wasdomiciled at death in Cumberland County, Pennsylvania, with his/her last family or principafsidence At 1.111R.c,ii: 'tiv(, N t.. 6— icer L,.,,,4 R, t7c-7,-; New (c .L.rt_,..V3c,.Z (Street address with Post Office and Zip Code, Municipality; Township, Borough, City) Decedent, then CI -5 years of age, died q — 14 - 7‘' I 1 at f \((,w L L,"iot ri,.s e RG (Month, Day, Year of deathi (City and State where death occurred) Estimated value of decedent's property at death: If domiciled in PA All personal property $ 1 cfo[.'t' `_If not domiciled in PA Personal property in Pennsylvania S If not domiciled in PA - Personal property in County $ Value of Real Estate in Pennsylvania S Total Estimated Value 5 Location of Real Estate in Pennsylvania: (Provide full address if possible.) 14.1C I VI LW w' �U 1.-„„? Q ` 17c, ?u Name(s) & Malting Address(es) [,,,,i,/,!---2--,,"--- ,, ,,! ._ O�oli,, DoUI,�M� \1i i3=1kcrt-19l'' \Nt:hyli,\t( i.. 17-:G:.) Interim Form RW -02 revised .2 26.10 by Cumberland Caunty pen dungaction by theCou >// OATH OF PERSONAL REPRESENTATIVE Commonwealth of Pennsylvania County of Cumberland ss The Petitioner(s) herein named swear or affirm that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law, / — Sworn to or affirmed and subscribed before me this ,'S q day of / ry 174 t7) -0 u ? D � CA, - For the Register ..-)8-9, ,, rc-�c x DECREE OF PROBATE AND GRANT OF LETTER s' `� .") ci r.: Estate of t C % h /1 . DCRit ,111(\3 , Deceased File Number: 21- j () j 1: ;"55.(-1 AND NOW, this (I`, t day of t l �('[.Lf 01 , in consideration of the Petition on the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary \ of Administration are hereby granted to: at applkabk, enter e.t.a., d.b.a., d.b.e.c.t.a., ctc.) ftj i(hc lr • •T in the above estate and that instruments(ssated described in the petition be admitted to probate and filed of record as the last Will and Codicil(s) of Decedent. JcL ccs cu h Glenda Farrier Strasbaugh, pe 4- g19A1 n (1.1 p Register of Wills FEES: Signature of Counsel Required to Enter Appearance Letters ..$ 143 OO Will Codicil(s) ( ) Short Certificates 1u ( C ( )Renunciations Bond Other Automation FEE 5.00 JCS FEE 23.50 TOTAL Atty's Signature PRINTED Name: Supreme Court ID No.: Address: Phone: Fax: Interim Form RW -Q2 revised 12.25.10 by Cumberland County pending action by the Court Page 2 of 2 Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone: (717)240-6345 Date: 07/29/2011 DOWLING NICHOLAS T 118 BUTTERCUP LANE WELLSVILLE, PA 17365 RE: Estate of DOWLING SCOTT M File Number: 2011-00534 Dear Sir/Madam: This notice is to serve as a reminder that the Certificate of Notice under Rule 5.6(a) is due on the below listed date. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO.1, for decedents dying on or after July 1, 1992, the personal representative or his councel, within ten (10) days after giving proper notice to the beneficiaries and intestate heirs as required by subdivision (a) of Rule 5.7, shall file with the Register of Wills or Clerk of the Orphans' Court his/her Certification of Notice. This filing is due by: 08/16/2011 Please fee: free to contact this office with any questions you may have. If you have already filed your certificate, please disregard this notice. incer ly, Glenda Farner Stras•Tugh Clerk of the Orphans' Court cc: File Counsel cr IX) to t.7 CERTIFICATION OF NOTICE UNDER Pa. 0.C. Rule 5.6(a) Name of Decedent: REGISTER OF WILLS n?).ar kyle, COiJNTY, PEivNSYLVANLA c U ►1 Date of Death: H iile ( d 1- l'" Q -r Number. Date Letters Granted: To the Register: I certify that Notice of Estate Administration required by Pa. O.C. Rule 5.6(a) of the Orphans' Court Rules was served on or mailed to the following beneficiaries of the above -captioned estate on -• V\ Gkr,LcT)owi Ay' 1j0wl;e-,4 Addrjss: Pi 1\1 \re.11'ufik P4 17 3 (CS afmare space is needed attach separate sheet) Notice has now been given to all persons entitled thereto under Pa. O.C. Rc!e 5.6(a) except: Dart$7-vli Sivas of Per: crai Capacity: 0 Personal Representative 0 Counsel N4oLtr _D0,-1;411 Nam of Pttsoa Filing this Form 4 krtu �I f 7 71-4 -a $ LS' ra,tphcne Exhibit "B" AFFIDAVIT OF GOOD FAITI-H INVESTIGATION File Number: 281051 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Scott M. Dowling Current Address: Property Address: Mailing Address: (Earl L. Dowling) 1203 Market Street, Renovo, PA 17764 434 Reno Street a/k/a 434 Reno Avenue, New Cumberland, PA 17070 (Earl L. Dowling) 1203 Market Street, Renovo, PA 17764 1. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Scott M. Dowling - xxx-xx-4730 B. EMPLOYMENT SEARCH Scott M. Dowling - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Scott M. Dowling reside(s) at: 434 Reno Avenue, New Cumberland, PA 17070. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases, which indicated that Scott M. Dowling reside(s) at: 434 Reno Avenue, New Cumberland, PA 17070. On 09-26-11 our office made a telephone call to the subject's phone number (717) 774-5589 and received the following information: not in service. III.OBITUARY SEARCH A. Attempted to find obituary via http://oa.newsbank.com/ B. Found obituary published April 21, 2011 in the Patriot -News, The (Harrisburg, PA). See attached. IV. INQUIRY OF HEIRS AND NEIGHBORS On 09-26-11 our office was unable to locate any information for Nick T. Dowling, relative of Scott M. Dowling. On 09-26-11 our office was unable to locate any information for Kendall Grace I. Dowling, relative of Scott M. Dowling. On 09-26-11 our office was unable to locate any information for Abigail K. Dowling, relative of Scott M. Dowling. On 09-26-11 our office was unable to locate any information for Earl Dowling, relative of Scott M. Dowling. On 09-26-11 our office was unable to locate any information for Dave Dowling, relative of Scott M. Dowling. On 09-26-11 our office attempted to contact Hilda Dowling Christophel, relative of Scott M. Dowling at 118 Buttercup Lane, Wellsville, PA 17365, but was unable to get any phone number for her. On 09-26-11 our office attempted to contact Diane Dowling, relative of Scott M. Dowling at 1203 Market Street, Renovo, PA 17764, but was unable to get any phone number for her. On 09-26-11 our office attempted to contact Mary Eberly, potential relative of Scott M. Dowling at: 121 North Madder Drive, Apartment L115, Mechanicsburg, PA 17050, but was unable to get any phone number for her. On 09-26-11 our office attempted to contact Kathy Ann Dowling, potential relative of Scott M. Dowling at 38 Greenmont Drive, Enola, PA 17025, but was unable to get any phone number for her. On 09-26-11 our office made a phone call in an attempt to contact Ella M. Dowling, relative of Scott M. Dowling at (717) 923-1267,1203 Market Street, Renovo, PA 17764: not in service. On 09-26-11 our office made a phone call in an attempt to contact Earl L. Dowling Sr., relative of Scott M. Dowling at (570) 923-1267,1203 Market Street, Renovo, PA 17764: Our Office spoke with Earl L. Dowling who said Scott M. Dowling was his son & we can forward the letter to him at 1203 Market Street, Renovo, PA 17764. On 09-26-11 our office made several phone calls in an attempt to contact Mary B. Pickering, relative of Scott M. Dowling at (302) 659-1472, 48 White Birch Drive, Smyrna, DE 19977: answering machine. On 09-26-11 our office made several phone calls in an attempt to contact David A. Dowling, potential relative of Scott M. Dowling at (717) 732-1119, 38 Greenmont Drive, Enola, PA 17025: answering machine. On 09-26-11 our office made several phone calls in an attempt to contact Brenda L. Hawkins, potential relative of Scott M. Dowling at (717) 458-5658, 291 South Locust Point Road, Mechanicsburg, PA 17055: answering machine. On 09-26-11 our office made a phone call in an attempt to contact Danna S. Sprout, neighbor of the subject at (717) 774-0164, 426 Reno Avenue, New Cumberland, PA 17070: spoke with an unidentified male who could not confirm any heir information for Scott M. Dowling. On 09-26-11 our office made a phone call in an attempt to contact Nicholas E. Slaseman, neighbor of the subject at (717) 770-2522, 425 Reno Avenue, New Cumberland, PA 17070: spoke with an unidentified male who could not confirm any heir information for Scott M. Dowling. On 09-26-11 our office made several phone calls in an attempt to contact Sandra L. Buchanan, neighbor of the subject at (717) 774-2082 422 Reno Avenue, New Cumberland, PA 17070: answering machine. V. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 09-26-11 we reviewed the National Address database and found the following information: Scott M. Dowling - 434 Reno Street, New Cumberland, PA 17070. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. VI. OTHER INQUIRIES A. DEATH RECORDS As of 09-26-11 Vital Records and all public databases have a death record on file for Scott M. Dowling. VII. ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Scott M. Dowling -1968 B. DATE OF DEATH Scott M. Dowling - 04-18-2011 C. A.K.A. Scott T. Dowling * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unsworn falsification t nttl rides. aUm is obtained from available public records (At -liable for the cost of the affidavit. ObitsArchive.com: Document Display Page 1 of 1 ObitsArchive.com Patriot -News, The (Harrisburg, PA) - April 21, 2011 Deceased Name: Scott Martin Dowling Scott Martin Dowling, 43, of New Cumberland, died Monday, April 18, 2011 at his home. He was a warehouse supervisor for the Washington Group. "A great, fun loving man, who was very loving to his children. He always made sure that everyone was happy and he did his best to give everyone that he knew what they needed." "Everyone knew the same guy. He never pretended to be someone he wasn't for anyone. He was himself. Always put his kids (and animals) before himself. Whenever I needed to talk about something that I couldn't discuss with anyone else, I could talk to him. He would always poke fun, but was also serious all the same. Not just a father, but a best friend." He is survived by three children, Nick T. and Kendall Grace I. Dowling of Wellsville and Abigail K. Dowling of Pittsburgh, his parents, Earl and Ella Dowling, Sr. of Renovo, two brothers, Earl and Dave Dowling, a sister, Diane Dowling, his previous wife, Heidi Christophel of Wellsville and girlfriend, Mary B. Pickering of New Cumberland. He was preceded in death by his sister Kathy. Visitation will be from 10 a.m. until memorial services at 11 a.m. Tuesday at Daybreak Church, 321 Gettysburg Pike, Mechanicsburg, PA 17055. Interment will be held at the convenience of the family in Renovo. For more information or to send messages of condolence, please visit www.parthemore.com. Patriot -News, The (Harrisburg, PA) Date: April 21, 2011 Edition: Final Page: A09 Record Number: 1104216521747 Copyright, 2011, The Patriot -News Co. All Rights Reserved. Used with permission. http://oa.newsbank.com/oa-search/we/Archives?p_action=print&p_docid=136C 1 EB 12475... 9/27/2011 Exhibit "C" Kathleen Lake Legal Assistant, Decedent Department Pennsylvania and New Jersey PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-320-0007 ext.1316 Fax: 215-567-0072 Kathleen. Lake@fedphe.com Representing Lenders in September 22, 2011 Nicholas T. Dowling, Administrator & Heir of the Estate of Scott M. Dowling 118 Buttercup Lane Wellsville, PA 17365 Kendall Grace Dowling, Heir of the Estate of Scott M. Dowling 118 Buttercup Lane Wellsville, PA 17365 RE: SCOTT M. DOWLING; 434 RENO STREET A/K/A 434 RENO AVENUE NEW CUMBERLAND, PA 17070; CITIMORTGAGE, INC; PHS# 281051 Dear Sir/Madam: Kindly be advised that the Law Offices of Phelan Hallinan & Schmieg, LLP represent Citimortgage, Inc., the holder of the mortgage against the above -referenced mortgaged premises. Our office has been retained to bring a foreclosure action. Our office has been informed that Scott M. Dowling, an owner of the mortgaged premises, has unfortunately passed away. We are very sorry for your loss. As an Heir of the Estate of Scott M. Dowling, you may have a vested ownership interest in the mortgaged premises upon his death under 20 Pa.C.S.A. §301(b). As such, Pennsylvania law requires that you be included as a defendant solely in your capacity as heir in order to complete the foreclosure. Please be advised that you are not personally liable for the debt, as you did not execute the mortgage or note. This letter serves to afford you an opportunity to waive your right to be named as a defendant in the foreclosure action. Please find attached a Waiver which I would appreciate your executing and returning to the undersigned within fourteen (14) days of the date of this correspondence. If the Waiver is timely returned it will not be necessary to name you as a defendant in the foreclosure action. However, if the Waiver is not timely returned and it is believed that you are an heir of the decedent, then our office may have no choice but to name you as a defendant in the action in order to divest any ownership interest you may have in the property. It is our understanding that Kendall Grace Dowling may be a minor. As such, it will be necessary for her parent or legal guardian to execute the Waiver on her behalf. It will however, be necessary to name you, Nicholas T. Dowling, as a defendant in the foreclosure action in your capacity as Administratrix of the estate as required by the Pennsylvania Rules of Civil Procedure. Again, please be advised you are not personally liable for the debt, as you did not execute the mortgage or note Our Office also requests that you please provide us with any additional heir information for Scott M. Dowling. Thank you for your cooperation in this regard. Please note that this waiver does not preclude you from attempting to sell the subject premises and recovering any possible equity in the mortgaged premises prior to the completion of the foreclosure action. We would encourage you to contact your own attorney in regard to this matter. If you would like to request a payoff or reinstatement figure, please call (215) 563- 7000, and ask for the Foreclosure Resolution Department. If you have any other questions regarding this letter, please contact the undersigned at (215) 563-7000, ex. 1200. Sincerely, Kathleen Lake Legal Assistant * This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. WAIVER OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, KENDALL GRACE DOWLING, Heir of the Estate of SCOTT M. DOWLING, hereby acknowledge that I may have an ownership interest in the property located at 434 RENO STREET A/K/A 434 RENO AVENUE, NEW CUMBERLAND, PA 17070 in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.R.C.P. 1141 et seq., which may be instituted by CITIMORTGAGE, INC. involving said property, which property was owned by the decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriff s\sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff's sale of the mortgage premises. Date: Kendall Grace Dowling, Heir of the Estate of Scott M. Dowling WAIVER OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, KENDALL GRACE DOWLING, Heir of the Estate of SCOTT M. DOWI ING, hereby acknowledge that I may have an ownership interest in the property located at 434 RENO STREET A/K/A 434 RENO AVENUE, NEW CUMBERLAND, PA 17070 in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.R.C.P. 1141 et seq., which may be instituted by CITIMORTGAGE, INC. involving said property, which property was owned by the decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriffs sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriffs sale of the mortgage premises. Date: By (print name) (sign name) Parent and/or Legal Guardian Of Kendall Grace Dowling, Minor Heir Of the Estate of Scott M. Dowling Exhibit "D" WAIVER OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, KENDALL GRACE DOWLING, Heir of the Estate of SCOTT M. DOWLING, hereby acknowledge that I may have an ownership interest in the property located at 434 RENO STREET A/K/A 434 RENO AVENUE, NEW CUMBERLAND, PA 17070 in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.R.C.P. 1141 et seq., which may be instituted by CITIMORTGAGE, INC. involving said property, which property was owned by the decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of said action, inclitiding but not limited to the Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff's sale of the mortgage premises. � r Date: 1.1;;I: '. .,„:201/ By -6-44; (print name) (sign name) Parent and/or Legal Guardian Of Kendall Grace Dowling, Minor Heir Of the Estate of Scott M. Dowling Exhibit "E" PHELAN HALLINAN & SCHMIEG, LLP Mario J. Hanyon, Esq., Id. No.203993 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 Plaintiff v. 281051 NICHOLAS T. DOWLING, in his capacity as Administrator and Heir of the Estate of SCOTT M. DOWLING 118 BUTTERCUP LANE WELLSVILLE, PA 17365-9235 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER SCOTT M. DOWLING, DECEASED 434 RENO STREET A/K/A, 434 RENO AVENUE NEW CUMBERLAND, PA 17070-1876 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 'UI`a-iOCJ (��1 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE We hereby certify the within to be a true and correct copy of the original filed of record File #: 281051 Attorney Fle GOPY Please Retells C.) N `. -r S E C T I 0 N A S C O N Supreme Court of Pennsylvania Court of CommonPleas wit Cover 'Iteet (:LlMU1;RLA D County For Prothonotary Use Only: Docket No: The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service leaditt s or other papers as required by law or rules of court. Commencement of Action: © Complaint 0 Writ of Summons 0 Petition 0 Transfer from Another Jurisdiction 0 Declaration of Taking Lead Plaintiff's Name: CITIMORTGAGE, INC. Lead Defendant's Name: NICHOLAS T. DOWLING Dollar Amount Requested: • within arbitration limits Are money damages requested? II Yes No (Check one) © outside arbitration limits Is this a Class Action Suit? ■ Yes 13 No Is this an MDJ Appeal? ■ Yes © No Name of Plaintiff/Appellant's Attorney: Phelan Hallinan & Schmieg, LLP (are a Self -Represented [Pro Se] Litigant) ■ Check here if you have no attorney Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important, TORT (do not include Mass Tort) O Intentional ❑ Malicious Prosecution ❑ Motor Vehicle O Nuisance O Premises Liability ❑ Product Liability (does not include mass tort) 0 Slander/Libel/ Defamation ❑ Other: MASS TORT O Asbestos O Tobacco O Toxic Tort - DES ❑ Toxic Tort - Implant ❑ Toxic Waste O Other: PROFESSIONAL LIABLITY 0 Dental ❑ Legal O Medical 0 Other Professional: Pa. R. C.P. 205.5 CONTRACT (do not include Judgments) ❑ Buyer Plaintiff ❑ Debt Collection: Credit Card ❑ Debt Collection: Other O Employment Dispute: Discrimination 0 Employment Dispute: Other 0 Other: REAL PROPERTY ❑ Ejectment 0 Eminent Domain/Condemnation ❑ Ground Rent O Landlord!Tenant Dispute ® Mortgage Foreclosure: Residential 0 Mortgage Foreclosure: Commercial 0 Partition O Quiet Title O Other: CIVIL APPEALS Administrative Agencies ❑ Board of Assessment O Board of Elections ❑ Dept. of Transportation ❑ Statutory Appeal: Other ❑ Zoning Board 0 Other: MISCELLANEOUS 0 Common Law/Statutory Arbitration 0 Declaratory Judgment 0 Mandamus 0 Non -Domestic Relations Restraining Order ❑ Quo Warranto 0 Replevin ❑ Other: Updated 01/01/2011 PHELAN HALLINAN & SCHMIEG, LLP Mario J. Hanyon, Esq., Id. No.203993 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 281051 ATTORNEY FOR PLAINTIFF CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE COURT OF COMMON PLEAS O'FALLON, MO 63368 CIVIL DIVISION Plaintiff v. TERM NICHOLAS T. DOWLING, in his capacity as Administrator and Heir of the Estate of SCOTT M. DOWLING 118 BUTTERCUP LANE WELLSVILLE, PA 17365-9235 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER SCOTT M. DOWLING, DECEASED 434 RENO STREET A/K/A, 434 RENO AVENUE NEW CUMBERLAND, PA 17070-1876 File #: 281051 Defendants NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 #: 281051 1. Plaintiff is CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 2. The name(s) and last known address(es) of the Defendant(s) are: NICHOLAS T. DOWLING, in his capacity as Administrator and Heir of the Estate of SCOTT M. DOWLING 118 BUTTERCUP LANE WELLSVILLE, PA 17365-9235 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR IN PUREST FROM OR UNDER SCOTT M. DOWLING, DECEASED 434 RENO STREET A/K/A, 434 RENO AVENUE NEW CUMBERLAND, PA 17070-1876 who is/are the real owner(s) of the property hereinafter described. 3. On 11/25/2006 SCOTT M. DOWLING made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, :INCORPORATED AS A NOMINEE FOR CITIMORTGAGE,INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book 1975, Page 1666 By assignment of mortgage recorded 09/21/2011 the mortgage was assigned to PLAINTIFF in which assignment is recorded in Instrument # 201126179. 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 05/01/2011 and each month thereafter are due and unpaid, and by the terms File /1: 281051 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. 6. The following amounts are due on the mortgage as of 09/18/2011: Principal Balance $102,571.78 Interest $3,029.10 04/01/2011 through 09/18/2011 Late Charges $135.85 Escrow Deficit $770.92 TOTAL $106,507.65 7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon. 9. Mortgagor SCOI-I M. DOWLING died on 04/18/2011, and NICHOLAS T. DOWLING was appointed Administrator/trix of his estate. Letters of Administration were granted to him on 05/06/2011 by the Register of Wills of CUMBERLAND COUNTY, No. 21-2011- 0534. Decedent's surviving heir(s) at law and next-of-kin are NICHOLAS T. DOWLING and KENDAI,L GRACE DOWLING. Pile#: 281051 10. By executed waiver(s), KENDALL GRACE DOWLING waived her right to be named as a defendant in the foreclosure action. Said waiver(s) is/are attached as Exhibit" A ". 11. Plaintiff does not hold the named Defendant(s), NICHOLAS T. DOWLING, personally liable on this cause of action. This action is being brought to foreclose the interest of the said Defendant(s) in the aforesaid real estate only, and the Defendant(s) has/have been named in accordance with the requirements of Pa R.C.P. 1144(a)(2) and 20 Pa.C.S.A. § 301(b). WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $106,507.65, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: ` fr-1,42,4_,,, Mario J. Hanyon, Esq., Id. Nt 03993 Attorney for Plaintiff File 11: 281051 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the borough of New Cumberland, Cumberland county, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point at an iron pin at the southwest corner of the intersection of Reno street and fifth street; thence along the line of Reno street, south 43 degrees east, ninety-six (96) feet to an iron pin at the line of lands now or formerly of Clarence M. Prowell; thence along said Prowell lands south 47 degrees west, forty-four (44) feet to an'X' in a wall; thence along the line of a one story dwelling and along the line of land now or formerly of Jacob Zimmerman, north 43 degrees west, ninety-six (96) feet to a stake on the line of fifty street; thence along the line of fifty street, north 47 degrees east, forty-four (44) feet to the point of beginning. BEING the northerly ninety-six (96) feet of lot no. 34 and the easterly eleven (11) feet of lot no. 33, block 'M', George W. Buttorffs addition to the borough of New Cumberland, as recorded in deed book N', volume 5, page 498, Cumberland county recorders office. BY fee simple deed from Bruce R. Parthemore and Rebecca L. Parthemore, husband and wife as set forth in deed book 239, page 683 and recorded on 2/20/2001, Cumberland county records. PROPERTY ADDRESS: 434 RENO STREET A/K/A, 434 RENO AVENUE, NEW CUMBERLAND, PA 17070-1876 PARCEL # 25-24-0811-255 File #; 281051 VERIFICATION DenahGramolino , hereby states that he/she is Doeumr nt Control Qin' CITIMORTGAGE, INC. Plaintiff in this matter and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information or belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 1 d ' 13 '' File#: 281051 Name: DOWLING File # 281051 �11Id�'I �f�,4'Yl Ul,t1/1 e) Name: Deni Gramollno Title: Docurnint Control CITIMORTGAGE, INC. Request for Service R. Thomas Kline Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle, PA 17013 Ph: 717.240.6390 Fx: 717.240.6397 CITIMORTGAGE, INC. Court Number: Expiration Date: Type of Action: Mortgage Foreclosure Complaint HEIRS, SUCCESSORS, ASSIGNS, AND ALL RIGHT, TITLE OR INTEREST FROM OR UNDER Defendant's: NICHOLAS T. DOWLING, UNKNOWN PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING SCOTT M. DOWLING, DECEASED Serve Upon: NICHOLAS T. DOWLING Address for Service: 434 RENO STREET A/K/A, 434 RENO AVENUE NEW CUMBERLAND, PA 17070-1876 Alternate Address for Service: 118 BUTTERCUP LN WELLSVILLE, PA 17365-9235 Type of Service: ❑ Personal 0 Adult in Charge • Deputize ■ Certified Mail ■ Posting (copy of court order required) Special Service Instructions: **If service is to be made by deputized service to another county please specify which county Filing Attorney's Information: Name: Phelan Hallinan & Schmieg, LLP Francis S. Hallinan, Esquire Address: 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Telephone: 215-563-7000 x 1482 Request for Service R. Thomas Kline Sheriff Cumberland County Office of the Sheriff One Courthouse Square Carlisle, PA 17013 Ph: 717.240.6390 Fx: 717.240.6397 CITIMORTGAGE, INC. Court Number: Expiration Date: Type of Action: Mortgage Foreclosure Complaint Defendant/s: NICHOLAS T. DOWLING, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER SCOTT M. DOWLING, DECEASED Serve Upon: NICHOLAS T. DOWLING Address for Service: 118 BUTTERCUP LN WELLSVILLE, PA 17365-9235 Alternate Address for Service: 434 RENO STREET A/K/A, 434 RENO AVENUE NEW CUMBERLAND, PA 17070-1876 Type of Service: ❑ Certified Mail ❑ Posting (copy of court order required) ❑ Personal ■ Adult in Charge Deputize Special Service Instructions: **If service is to be made by deputized service to another county please specify which county YORK Filing Attorney's Information: Name: Phelan Hallinan & Schmieg, LLP Francis S. Hallinan, Esquire Address: 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Telephone: 215-563-7000 x 1482 PHELAN HALLINAN & SCHMIEG, LLP Mario J. Hanyon, Esq., Id, No.203993 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 281051 ATTORNEY FOR PLAINTIFF CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE COURT OF COMMON PLEAS O'FALLON, MO 63368 CIVIL DIVISION Plaintiff v. TERM NICHOLAS T. DOWLING, in his capacity as Administrator and Heir of the Estate of SCOTT M. DOWLING 118 BUTTERCUP LANE WELLSVILLE, PA 17365-9235 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER SCOTT M. DOWLING, DECEASED 434 RENO STREET A/K/A, 434 RENO AVENUE NEW CUMBERLAND, PA 17070-1876 File #: 281051 Defendants NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX: 215-568-7616 Email: complaints@fedphe.com Representing Lenders in Pennsylvania and New Jersey Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: CITIMORTGAGE, INC. vs. NICHOLAS T. DOWLING ACTION IN MORTGAGI. FORECLOSURE Dear Sir/Madam: Enclosed are an original and NUMBER copies of a Civil Action in Mortgage Foreclosure relative to the above captioned matter for filing with your office. A check for filing has been attached in the amount of $92.00. The sheriffs office advised our office on DATE that sheriffs costs total $COST for this file. If there is a concern regarding the costs, please contact JAMES SILVER at PH&S; please do not return the Complaint to our office. Please file the Complaint and return your receipt to us in the enclosed stamped, self- addressed envelope, together with a time -stamped copy of the first page of the Complaint. I would also appreciate your taking the additional copies of the Complaint, the check for service, and the enclosed service sheet(s) to the Office of the Sheriff for service on the defendant(s). Thank you for your cooperation. Very truly yours, Phelan Hallinan & Schmieg, LLP COMPLAINT DEPARTMENT File #: 281051 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX: 215-568-7616 Email: complaintsafedphe.com Representing Lenders in Pennsylvania and New Jersey OVERTIME, WEEKEND SERVICE, MILEAGE APPROVAL To: The Sheriffs Department of CUMBERLAND County Re: Attached Service Request We recognize that service of mortgage foreclosure complaints is a difficult task as many defendants attempt to evade service. Please note that we specifically authorize OVERTIME, WEEKEND SERVICE AND MILEAGE for service. The sheriffs office advised our office on DATE that sheriffs costs total $COST for this file. If there is a concern regarding the costs, please contact JAMES SILVER at PH&S; please do not return the Complaint to our office. Further, we specifically authorize a ten ($10) dollar fax fee for the transmission of the service return to our office at the service faxline of 215-568-7616. This applies to all cases whether service has been made or not. We would appreciate this fax transmission within 24 hours of the service return completion. Please call Francis S. Hallinan or Dan Schmieg with any questions or requests you may have. Thank you for your efforts. Phelan Hallinan & Schmieg, LLP COMPLAINT DEPARTMENT File #: 281051 Exhibit "F" PHELAN HALLINAN & SCHIVIIEG, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 320-0007, Ext. 1380 Fax: 215-563-3352 March 2, 2012 Abigail K. Dowling, Heir Of the Estate of Scott M. Dowling 834 Cedar Avenue Pittsburgh, PA 15212 RE: SCOTT M. DOWLING; 434 RENO STREET A/K/A, 434 RENO AVENUE, NEW CUMBERLAND, PA 17070-1876; CITIMORTGAGE, INC.; PHS# 281051 Dear Ms. Dowling Kindly be advised that the Law Offices of Phelan Hallinan & Schmieg, LLP represent Citimortgage, Inc., the holder of the mortgage against the above -referenced mortgaged premises. Our office has been retained to bring a foreclosure action. Our office has been informed that Scott M. Dowling, the owner of the property, has unfortunately passed away. It is our understanding that you are his daughter. We are sorry for your loss. As an heir of Scott M. Dowling, you may have a vested ownership interest in the mortgaged premises upon his death under 20 Pa.C.S.A. §301(b). As such, Pennsylvania law requires that you be included as a defendant solely in your capacity as heir in order to complete the foreclosure. Please be advised that you are not personally liable for the debt, as you did not execute the mortgage or note. This letter serves to afford you an opportunity to waive your right to be named as a defendant in the foreclosure action. Please find attached a Waiver which I would appreciate your executing and returning to the undersigned within fourteen (14) days of the date of this correspondence. If the Waiver is timely returned it will not be necessary to name you as a defendant in the foreclosure action. However, if the Waiver is not timely returned and it is believed that you are an heir of the decedent, then our office may have no choice but to name you as a defendant in the action in order to divest any ownership interest you may have in the property. Please note that this waiver does not preclude you from attempting to sell the subject premises and recovering any possible equity in the mortgaged premises prior to the completion of the foreclosure action. We would encourage you to contact your own attorney in regard to this matter. * This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. Please be advised that if you are not the daughter of the deceased property owner, then it is imperative that you notify our office immediately. Otherwise, we may have no choice but to name you as a defendant in the foreclosure action. If you would like to request a payoff or reinstatement figure, please call (215) 563- 7000, and ask for the Foreclosure Resolution Department. If you have any other questions regarding this letter, please contact a representative of our firm's Decedent Department at (215) 320-0007, Ext. 1380 Since. Robert W sick, Esq., Id. No.80193 Attorne or P Cc: * This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, ABIGAIL K. DOWLING, Heir of the Estate of SCO1"I M. DOWLING, hereby acknowledge that I may have an ownership interest in the property located at 434 RENO STREET A/K/A, 434 RENO AVENUE, NEW CUMBERLAND, PA 17070-1876, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.R.C.P. 1141 et seq., which may be instituted by CITIMORTGAGE, INC., involving said property, which property was owned by the decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff's sale of the mortgage premises. Date: ABIGAIL K. DOWLING, Heir of the Estate of SCOTT M. DOWLING Exhibit "G" PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Fax: 215-563-4491 Email: Margaret.Russo@phelanhallinan.com Margaret Russo Legal Assistant April 11, 2014 Nicholas T. Dowling 118 Buttercup Lane Wellsville, PA 17365-9235 RE: Citimortgage, Inc. v. Scott M. Dowling, et al. Cumberland County CCP, No. 13-157 CIVIL Dear Sir/Madam: Enclosed please find Plaintiff's Motion to Amend Complaint and Appointment of a Guardian Ad Litem regarding the above -referenced matter for your review. Pursuant to the Local Rules of Court in Cumberland County, we would like to know if you concur or intend to oppose the Motion. Please contact us by no later than April 16, 2014. Vz ?ours , D. T ellars, Esquire squire Enclosure * Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you have previously received a discharge in bankruptcy and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of lien against property. PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Fax: 215-563-4491 Email: Margaret.Russo@phelanhallinan.com Margaret Russo Legal Assistant April 11, 2014 Abigail K. Dowling 1617 Parkline Drive Pittsburgh, PA 15227-1607 RE: Citimortgage, Inc. v. Scott M. Dowling, et al. Cumberland County CCP, No. 13-157 CIVIL Dear Sir/Madam: Enclosed please find Plaintiffs Motion to Amend Complaint and Appointment of a Guardian Ad Litem regarding the above -referenced matter for your review. Pursuant to the Local Rules of Court in Cumberland County, we would like to know if you concur or intend to oppose the Motion. Please contact us by no later than April 16, 2014. Very Truly • urs, D. Ti e ars, Esquire Enclosure * Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you have previously received a discharge in bankruptcy and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of lien against property. PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Fax: 215-563-4491 Email: Margaret.Russo@phelanhallinan.com Margaret Russo Legal Assistant April 11, 2014 Unknown Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Scott M. Dowling, Deceased 434 Reno Street a/k/a 434 Reno Avenue New Cumberland, PA 17070-1876 RE: Citimortgage, Inc. v. Scott M. Dowling, et al. Cumberland County CCP, No. 13-157 CIVIL Dear Sir/Madam: Enclosed please find Plaintiff's Motion to Amend Complaint and Appointment of a Guardian M Litem regarding the above -referenced matter for your review. Pursuant to the Local Rules of Court in Cumberland County, we would like to know if you concur or intend to oppose the Motion. Please contact us by no later than April 16, 2014. Very Truly Y D. Tro Enclosure ellars, Esquire * Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you have previously received a discharge in bankruptcy and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of lien against property. Name and Ad of! PHELAN HALLINAN dress Mr UNE VENN CEN 1Li K YLALA ,aU11L' 14Vu u; o Q MSS Concurrence # 774883 DOWLING/ MIR/ Decedents r° n' N ;ender PHILADELPHIA, PA 19103-1814 Illo Line Article Number Name of Addressee, Street, and Post Office Address Postage NO O 1 ***** NICHOLAS T. DOWLING A/K/A NICHOLAS DOWLING 118 BUTTERCUP LANE WELLSVILLE, PA 17365-9235 ^ a g I i t �j ` Q o 2 **** ABIGAIL K. DOWLING 1617 PARKLINE DRIVE PITTSBURGH, PA 15227-1607 u D - 4--.--_,77,§ N 0 't::'�Y di 3 **** UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER SCOTT M. DOWLING, DECEASED • :- _ r'w 434 RENO STREET A/K/A 434 RENO AVENUE NEW CUMBERLAND, PA 17070-1876 4 5 6 7 8 RE: DOWLING 774883 Total Number of Pieces Listed by Sender Total Number of Pieces Received at Post Office Postmaster, Per (Name of Receiving Employee) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. v. NICHOLAS T. DOWLING, in his capacity as Administrator and Heir of the Estate of SCOTT M. DOWLING, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER SCOTT M. DOWLING, DECEASED AND NOW, this 3'4 ORDER day of COURT OF COMMON PLEAS CIVIL DIVISION NO. 13 -157 -CIVIL CUMBERLAND COUNTY 104,014.0 , 2014, upon consideration of Plaintiff's Motion to Amend Caption of Complaint and Appointment of a Guardian Ad Litem, it is hereby: ORDERED AND DECREED that Plaintiff's Complaint in Mortgage Foreclosure shall be amended to name Abigail K. Dowling, in her capacity as Heir of the Estate of Scott M. Dowling, as a party Defendant in the above -captioned matter; ORDERED AND DECREED that Plaintiff shall serve the within Complaint, and Court Order upon Susan Kamppi, Guardian Ad Litem for Abigail K. Dowling; Nicholas T. Dowling and the Unknown Heirs of Scott M. Dowling; ORDERED AND DECREED that the Office of the Prothonotary amend the caption in accordance with this Order. BY THE COURT: Cro. Lc I Y t144.( %-acty 2£1-6ZS 14PO ZM C_ tV c -n LEL) a i,` t- 1 i' THE P iO7hONu� 3t 2014JUN-3 P.M! I4, 08 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. Plaintiff v. NICHOLAS T. DOWLING, in his capacity as Administrator and Heir of the Estate of SCOTT M. DOWLING, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER SCOTT M. DOWLING, DECEASED Defendant(s) AND NOW, this ORDER : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 13-157 CIVIL : CUMBERLAND COUNTY day of uwc , 2014, upon consideration of Plaintiff's Motion for the Appointment of a Guardian Ad Litem for defendant, Abigail K. Dowling, Heir of Scott M. Dowling, any Response thereto, it is hereby: 9 ORDERED and DECREED that the Court appoints Nwi014) %, 0./41 as Guardian Ad Litem for Abigail K. Dowling, Heir of Scott M. Dowling, in the mortgage foreclosure action. ee matficL a+ yTky &Lks PHELAN HALLINAN, LLP PETER WAPNER, Esq., Id. No.318263 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 peter.wapner@phelanhallinan.com 215-563-7000 CITIMORTGAGE. INC. Plaintiff vs. : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY NICHOLAS T. DOWLING A/K/A NICHOLAS : No. 13-157 CIVIL DOWLING, in his capacity as Administrator and : Heir of the Estate of SCOTT M. DOWLING ABIGAIL K. DOWLING, in her capacity as Heir of the Estate of SCOTT M. DOWLING UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER SCOTT M. DOWLING, DECEASED Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HiLLINAN, LLP By: Date: ti(t /alg, Svc Dept. File# 774883 PETER WAPNER, Esq., Id. No.318263 Attorney for Plaintiff 6(44� 11.7spd 4Nut_/1/7s-7ss 12 N 3�3Ao� SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson _'' i' I'� _ Sheriff THE ��11' i la�;el� Jody S Smith Chief Deputy Richard W Stewart Solicitor OM. OFFH„ SHERIFF ?v R DEC 10 P11 CUMBERLAND COUNTY Y PENNSYLVANIA CITIMORTGAGE, Inc. vs. Nicholas T. Dowling (et al.) Case Number 2013-157 SHERIFF'S RETURN OF SERVICE 11/24/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Nicholas T. Dowling, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according to law. 12/02/2014 10:55 AM - The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure served by the Sheriff of York County upon Heidi Dowling, Mother, who accepted for Nicholas T. Dowling, at 118 Buttercup Lane, Wellsville, PA 17365. Richard P. Keuerleber, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.00 SO ANSWERS, December 05, 2014 RONR-R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft, inc. Richard P Keuerleber Sheriff Michael S. Hose Chief Deputy, Operations SHERIFF'S OFFICE OF YORK COUNTY PETER J. MANGAN, ESQ. Solicitor Richard E Rice, II Chief Deputy, Administration CITIMORTGAGE, INC. Vs. Case Number NICHOLAS T. DOWLING 2013-157 SHERIFF'S RETURN OF SERVICE 12/02/2014 10:55 AM - DEPUTY MICHAEL DONOVAN, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM BY HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE HEIDI DOWLING, MOTHER, WHO ACCEPTED AS "ADULT PERSON IN CHARGE" FOR NICHOLAS T. DOWLING AT 118 BUTTERCUP LANE, WELLSVILLE, PA 17365. SHERIFF COST: $63.32 MICHAEL CfONOVAN, DEPUTY SO December 03, 2014 . RICHARD P KEUE' EBER, S' ERIFF Affirmed and subscribed to before me this 3RD day of DECEMBER COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sheila E. Cook, Notary Public City of York, York County My Commission Expires Feb. 1, 2017 PENNSYLVANIA ASSOCIATION OF NOTARIES NOTARY 2014 (c) CuuntvSuite Sheriff, Tel•: cso-t, Inc. PHELAN HALLINAN, LLP PETER WAPNER, Esq., Id. No.318263 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 peter.wapner@phelanhallinan.com 215-563-7000 CI I MORTGAGE, INC. Plaintiff vs. : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY NICHOLAS T. DOWLING A/K/A NICHOLAS : No. 13-157 CIVIL DOWLING, IN HIS CAPACITY AS : ADMINISTRATOR AND HEIR OF THE : ESTA lb OF SCOTT M. DOWLING ABIGAIL K. DOWLING, IN HER CAPACITY AS HEIR OF THE ESTATE OF SCOTT M. DOWLING UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TULE OR INTEREST FROM OR UNDER SCOTT M. DOWLING, DECEASED Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN, LLP By: Date: /sdk, Svc Dept. File# 774883 peiv- vt PE I ER WAPNER, Esq., Id. No.318263 Attorney for Plaintiff <C9 &IA trispel Om/ CL4 N g4,3LA 0