HomeMy WebLinkAbout13-1348 SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny RAnderson RLED-OFFIC
Sheriff t�(
Jody SSmith � t at ��nlar t,i{- THE PROTHOP'c) �r+l
Chief Deputy 2013 MAR 20 PM 3` a
Richard W Stewart CUMBERLAND�p
Solicitor OFFC cOFT SHERI" CUMBERLAND COUNTY
PENM'$YLVAH'A
Us Bank National Association, as Trustee for Citigroup Mortgage Loan
vs. Case Number
Lynnette J. Kirkpatrick 2013-1348
SHERIFF'S RETURN OF SERVICE
03114/2013 12.39 PM-Deputy Tim Black, being duly sworn according to law,served the requested Notice of
Residential Mortgage Foreclosure Diversion Program &Complaint in Mortgage Foreclosure and
Complaint in Mortgage Foreclosure by"personally"handing a true copy to a person representing
themselves to be the Defendant,to wit: Lynnette J. Kirkpatrick at 17 Sharon Road, East Pennsboro
Township, Enola, PA 17025.
TIM A K, DEPUTY
SHERIFF COST: $43.00 SO ANSWERS,
March 15, 2013 RON R ANDERSON, SHERIFF
z,r,?L;aunly u�te Sheri€,TeizosoR.':..,.
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PHELAN HALLINAN, LLP >c`' -�'
Joseph P. Schalk, Esq., Id. No 91656
126 Locust Street ,
Harrisburg, PA 17101
215-563-7000 Attorney for Plaintiff
US BANK NATIONAL ASSOCIATION, AS
TRUSTEE FOR CITIGROUP MORTGAGE LOAN Court of Common Pleas
TRUST, INC. 2006-HE3, ASSET-BACKED PASS-
THROUGH CERTIFICATES SERIES 2006-HE3 Civil Division
3476 STATEVIEW BOULEVARD
Term
FORT MILL, SC 29715
No.2013-1348-CIVIL
Plaintiff
vs. Cumberland County
LYNNETTE J. KIRKPATRICK
A/K/A LYNETTE J. KIRKPATRICK
17 SHARON ROAD
ENOLA, PA 17025-1824
Defendant
MOTION TO LIFT CONCILIATION STAY
Plaintiff, Wells Fargo Bank, N.A., Successor (hereinafter "Plaintiff'), by its attorney,
Joseph P. Schalk, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support
thereof avers as follows:
1. On March 13, 2013, Plaintiff filed a Complaint in Mortgage Foreclosure against
Defendant for her failure to make monthly payments of principal and interest upon her mortgage
due August 1, 2012, and each month thereafter. A true and correct copy of the Complaint is
attached hereto, made part hereof and marked as Exhibit A.
2. On March 14, 2013, Plaintiff completed service of the Complaint in Mortgage
Foreclosure along with service of the Cumberland County Residential Mortgage Foreclosure
314163
Diversion Program Notice for the Defendant. A true and correct copy of the Affidavit of Service
is attached hereto, made part hereof and marked as Exhibit B.
3. Pursuant to the Cumberland County Administrative Order February 28, 2012,
which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the
Foreclosure action is stayed for sixty (60) days from the date of service.
4. Within 60 days after service of the complaint, the Defendant may opt into the
program by filing a Request for Conciliation Conference with the Court. Upon the filing of the
request, the Court will schedule a Conciliation Conference. The program provides that
Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of
notice if not represented by counsel.
5. If more than sixty (60) days has elapsed since the service of Notice of Residential
Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the
Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the
Diversion Program.
6. Defendant failed to opt into the Cumberland County Residential Mortgage
Foreclosure Diversion Program within sixty (60) days of service.
7. Since Defendant opted not to participate in the Diversion Program, it is
appropriate for the stay to be lifted.
WHEREFORE, Plaintiff respectfully requests that this matter be removed from the
Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic
stay be lifted.
Respectfully submitted,
PHELAN H A LI AN LLP
Date: (0/(61(3 BY: �t / offer
Jo ep'�a'. Schalk, Esquire
At orney for Plaintiff
314163
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PHELAN HALLINAN, LLP ATTORNEY FOR PLAINTIFF
Meredith Wooters, Esq., Id. No.307207
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
US BANK NATIONAL ASSOCIATION, AS
TRUSTEE FOR CITIGROUP MORTGAGE LOAN CIVIL DIVISION
TRUST, INC. 2006-HE3, ASSET-BACKED PASS- Q at'
THROUGH CERTIFICATES SERIES 2006-HE3 C/O NO.: ) 3- / / a
WELLS FARGO BANK,N.A.
3476 STATEVIEW BOULEVARD
FORT MILL, SC 29715
Plaintiff,
vs.
LYNNETTE J. KIRKPATRICK
A/K/A LYNETTE J. KIRKPATRICK
17 SHARON ROAD
ENOLA, PA 17025-1824
Defendant.
CIVIL ACTION— COMPLAINT IN MORTGAGE FORECLOSURE
And now comes US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR
CITIGROUP MORTGAGE LOAN TRUST, INC. 2006-HE3, ASSET-BACKED PASS-
THROUGH CERTIFICATES SERIES 2006-HE3, by its attorneys, Phelan Hallinan, LLP and
files this Complaint in Mortgage Foreclosure as follows:
03)
tg pcjx_
0 I af'Go(//3 I
062-PA-V3 124 p ss id
1. The Plaintiff is US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR
CITIGROUP MORTGAGE LOAN TRUST, INC. 2006-HE3, ASSET-BACKED PASS-
THROUGH CERTIFICATES SERIES 2006-HE3 C/O WELLS FARGO BANK, N.A., 3476
STATEVIEW BOULEVARD, FORT MILL, SC 29715 (hereinafter"plaintiff").
2. The Defendant, LYNNETTE J. KIRKPATRICK A/K/A LYNETTE J.
KIRKPATRICK, is an individual whose last known address is 17 SHARON ROAD, ENOLA,
PA 17025-1824.
3. US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CITIGROUP
MORTGAGE LOAN TRUST, INC. 2006-HE3, ASSET-BACKED PASS-THROUGH
CERTIFICATES SERIES 2006-HE3, directly or through an agent, has possession of the
Promissory Note. US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CITIGROUP
MORTGAGE LOAN TRUST, INC. 2006-HE3, ASSET-BACKED PASS-THROUGH
CERTIFICATES SERIES 2006-HE3 is either the original payee of the Promissory Note or the
Promissory Note has been duly indorsed. A true and correct copy of said Promissory Note is
marked Exhibit "A", attached hereto and made a part hereof.
4. On or about October 9, 2006, LYNETTE J. KIRKPATRICK made, executed and
delivered to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A
NOMINEE FOR NEW CENTURY MORTGAGE CORPORATION a Mortgage in the original
principal amount of $84,000.00 on the premises described in the legal description marked
Exhibit "B", attached hereto and made a part hereof. Said Mortgage being recorded in the Office
of the Recorder of CUMBERLAND County in Book 1969, Page 3987. The Mortgage is a matter
of public record and is incorporated herein by reference in accordance with Pa.R.C.P. 1019(g),
which rule relieves the Plaintiff from its obligation to attach documents to pleadings if those
documents are of public record.
5. Plaintiff is the current Mortgagee. By Assignment of Mortgage recorded January
13, 2012, the mortgage was assigned to US BANK, NATIONAL ASSOCIATION, AS
062-PA-V3
TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST INC., 2006 HE3, ASSET-
BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-HE3 which Assignment is
recorded in the Office of the Recorder of CUMBERLAND County in Instrument No. 201201326.
The Assignment is a matter of public record and is incorporated herein by reference in
accordance with Pa.R.C.P. 1019(g), which rule relieves the Plaintiff from its obligation to attach
documents to pleadings if those documents are of public record.
6. LYNNETTE J. KIRKPATRICK A/K/A LYNETTE J. KIRKPATRICK are record
and real owners of the aforesaid mortgaged premises.
7. Defendant is in default under the terms of the aforesaid Mortgage for, inter alia,
failure to pay the monthly installments of principal and interest due August 1, 2012.
8. As of 01/30/2013, the amount due and owing Plaintiff on the mortgage is as
follows:
Principal Balance $ 80,407.78
Interest $ 2,271.40
from 07/01/2012 through 01/30/2013
Late Charges $ 143.88
Property Inspections $ 60.00
Escrow Deficit $ 216.95
Suspense Balance $ (377.24)
TOTAL $ 82,722.77
plus interest and all other additional amounts authorized under the Mortgage and Pennsylvania
Law, actually and reasonably incurred by Plaintiff, including but not limited to, costs(including
escrow advances) and Plaintiff's attorneys' fees and expenses. Plaintiff reserves the right to file
a motion in the above-captioned action to add such additional sums authorized under the
Mortgage and Pennsylvania Law to the above amount due and owing when incurred.
062-PA-V3
9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of
Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended
in 2008, and/or Notice of Default as required by the mort gage document, as applicable, have
been sent to the Defendant(s).
10. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff
is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to
do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of
personal liability in a bankruptcy proceeding, this action is in no way an attempt to re-establish
such liability.
WHEREFORE, Plaintiff demands an in rem judgment in mortgage foreclosure for the
amount due of$82,722.77,with interest thereon plus additional costs(including additional
escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the
mortgaged premises.
By:
Date: . 119. Meredith Wooters, Esq., Id. No.307207
Attorney for Plaintiff
062-PA-V3
Exhibit “A"
•
®r fi ll1AL NOTE
October 9, 2006 Enola Pennsylvania
(Date] [City] (State]
17 SHARON RD. , Enola. PA 17025
[Property Address]
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $ 84,000.00 (this amount is called "Principal"),
plus interest,to the order of the Lender.The Lender is New Century Mortgage Corporation
1 will make all payments under this Note in the form of cash,check or money order.
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is
entitled to receive payments under this Note is called the"Note Holder."
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly
rate of 8.700 %.
The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(8)
of this Note.
3. PAYMENTS
(A)Time and Place of Payments
[will pay principal and interest by making a payment every month.
I will make my monthly payment on the 1st day of each month beginning on December 1, 2006
I will make these payments every month until I have paid all of the principal and interest and any other charges described below
that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to
interest before Principal. If,on 11/01/2036 , I still owe amounts under this Note, will pay those
amounts in full on that date, which is called the"Maturity Date."
Iwill make my monthly payments at 18400 Von Karman, Suite 1000. Irvine, CA 92612
or at a different place if required by the Note Holder.
(B)Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $657.84
4.BORROWER'S RIGHT TO PREPAY
[have the right to make payments of Principal at any time before they are due.A prepayment of all of the unpaid principal
is known as a"Full Prepayment." A prepayment of only part of the unpaid principal is known as a"Partial Prepayment."
Except as provided below, I may make a Full or Partial Prepayment at any time. If I make a Partial Prepayment equal to
one or more of my monthly payments, my due date may be advanced no more than one month. If I make any other Partial •
Prepayment, I must still make each later payment as it becomes due and in the same amount. I may make a Full Prepayment at
any time. However, if within the first sixty(60)months after the execution of this mortgage, I make any prepayment(s)within
any 12-month period the total amount of which exceeds twenty
percent( 20%)of the original Principal amount of this loan, I will pay a prepayment charge in an amount
equal to the payment of six ( 6 )months'
advance interest on the amount by which the total of my prepayment(s) within that 12-month period exceeds
twenty percent( 20 %)of the original Principal
amount of the loan.
PENNSYLVANIA FIXED RATE NOTE.Single Family-With Prepayment Penalty wpm
aFof 3
-105NIPA)(oat).01 VMP MORTGAGE FORMS-U00I521.7297 iNtiay:
•
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S. LOAN CHARGES
if a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other
loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a)any such loan charge
shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b)any sums already collected from
me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the
Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal,the reduction will be treated
as a Partial Prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A)Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of fi fteen calendar days
after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 %of
my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment.
(B)Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C)Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a
certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all
the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or
delivered by other means.
(D)No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described
above,the Note Holder will still have the right to do so if I am in default at a later time.
(E)Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to
be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those
expenses include, for example, reasonable attorneys' fees.
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by
delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note
Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first
class mail to the Note Holder at the address stated in Section 3(A)above or at a different address if I am given a notice of that
different address.
S. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in
this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is
also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety
or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights
under this Note against each person individually or against all of us together. This means that any one of us may be required to
pay all of the amounts owed under this Note.
9. WAIVERS
I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.
"Presentment" means the right to require the Note Holder to demand payment of amounts due. 'Notice of Dishonor" means the
right to require the Note Holder to give notice to other persons that amounts due have not been paid.
10. APPLICABLE LAW
This Note shall be governed by the laws of the State of Pennsylvania. If a law, which applies to this loan and sets
maximum loan charges is finally interpreted so that the interest and other charges collected or to be collected in connection with
this loan exceed the permitted limits, then: (a) any such interest or other charge shall be reduced by the amount necessary to
reduce the interest or other charge to the permitted limit; and (b) any sums already collected from me which exceed permitted
limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note
or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a Partial Prepayment, but in
no event will a prepayment charge be assessed if the Note Holder chooses to reduce my Principal balance by applying such
excess amounts.
aim
!p3
-105MiPA)a3o4i.01 Page 2 or 3 Intuits.
m
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11. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the
Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed(the "Security Instrument"), dated the same date as
this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this
Note.That Security Instrument describes how and under what conditions I may be required to make immediate payment in full
of all amounts I owe under this Note. Some of those conditions are•described as follows:
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is
not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written
consent, Lender may require immediate payment in full of all sums secured by this Security Instrument.
However,this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15
within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these
sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security
Instrument without further notice or demand on Borrower.
WITNESS THE HAND(S)AND SEAL(S)OF THE UNDERSIGNED.
(Seal)
LYNNETTE . KIRYPATRICK -Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
Pay to the order of,without recourse
New C �ti �o�a tion
By: � [Sign Original Only)
Steil
V.P.Records Management 1111111111111111
-105N(PA)103041.01 Pp'3 01 3
4143
Exhibit "B"
LEGAL DESCRIPTION
ALL that certain tract of land with improvements thereon erected situate in East Pennsboro
Township, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly
bounded and described as follows,to wit:
BEGINNING at a point on the South side of Sharon Road (40 feet wide), said point being the
dividing line between Lots Nos. 6 and 7 on the hereinafter mentioned Plan of Lots;thence
southwardly along said dividing line a distance of one hundred eighty(180) feet to Lot No. 16 on
said Plan;thence eastwardly along said Lot No. 16, a distance of seventy(70) feet to Lot No. 8
on said Plan;thence northwardly along said Lot No. 8, a distance of one hundred eighty(180)
feet to the southern line of Sharon Road;thence Westwardly along the south side of Sharon
Road, a distance of seventy(70) feet to Lot No. 6,the place of BEGINNING.
BEING Lot No. 7 in the Plan of Lots known as Penn Heights, said Plan being recorded in the
office of the Recorder of Deeds, Cumberland County, in Plan Book 6,Page 28.
HAVING thereon erected a single dwelling house,numbered as 17 Sharon Road, Enola,
Pennsylvania.
BEING Parcel No. 09-14-0835-044
PROPERTY ADDRESS: 17 SHARON ROAD,ENOLA,PA 17025-1824
PARCEL#09-14-0835-044
File*. 314163
VERIFICATION
Daniel Bullard, hereby states th;
fb
.he is Vice President Loan Documentation of
WELLS FARGO BANK,N.A., mortgage servicing agent for plaintiff in this matter th;ehe is
authorized to make this Verification, and verify that the statements ade in the foregoing Civil
Action in Mortgage Foreclosure are true and correct to the best •f his • -r information and belief.
The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S.
Sec. 4904 relating to unsworn falsification to authorities.
Further, due to its mortgage servicing agency relationship with plaintiff, WELLS
FARGO BANK,N.A. is in possession and control of all documents and records supporting the
statements in the foregoing pleading and, therefore, the undersigned, rather than an officer or
employee of plaintiff, is the appropriate individual to make this Verification pursuant to
Pa.R.C.P. 1024(c),
5/3' 6.0_0......—
Name: Daniel Bullard
Title: Vice President Loan Documentation
Company: Wells Fargo Bank,N.A.
Date: 02/27/2013
085-PA-V2 File#314163
1
. M THE COURT OF COMMON PLEAS •
• tiS BANK NATIONAL ASSOCIATION,AS OF CUMBERLAND COUNTY,PENNSYLVANIA c�
TRUSTEE FOR CITIGROUP MORTGAGE c--)
c- _�.a
LOAN TRUST,INC.2006-HE3,ASSET-BACKED : N }
PASS-THROUGH CERTIFICATES SERIES 2006- : n u' �s: i n-_
HE3 r*t _�,
Plaintiff(s) X, w ;
•
o
vs. .1>c D :7:-A_
,,
LYNNETTE J. KIRKPATRICK
�j ,_-•_;.
Defendant(s) i Civil
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE
DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your home.
If you own and live in the residential property which is the subject of this foreclosure action,you may be able to
participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender.
If you do not have a lawyer,you must take the following steps to be eligible for a conciliation conference.
First,within twenty(20)days of your receipt of this notice,you must contact MidPenn Legal Services at(717)243-9400
extension 2510 or(800)822-5288 extension 2510 and request appointment of a legal representative at no charge to you.
Once you have been appointed a legal representative,you must promptly meet with that legal representative within
twenty(20)days of the appointment date.During that meeting,you must provide the legal representative with all
requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal
representative complete a fmancial worksheet in the format attached hereto,the legal representative will prepare and a
Request for Conciliation Conference with the Court,which must be filed with the Court within sixty(60)days of the
service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you will have an
opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your
lender before the mortgage foreclosure suit proceeds forward.
If you are represented by a lawyer,you and your lawyer must take the following steps to be eligible for a
conciliation conference.It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal
representative.However,you must provide your lawyer with all requested financial information so that a loan resolution
proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached
hereto,your lawyer will prepare and file a Request for Conciliation Conference with the Court,which must be filed
within sixty(60)days of the service upon you of the foreclosure complaint.If you do so and a conciliation conference is
scheduled,you will have an opportunity 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:
1\9, t3 I�AA .�. .C.i Vii: ' i
Date
Meredith Wooters,Esq.,Id.
No.307207
Attorney for Plaintiff
FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas Docket#
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance,your lender must consider your circumstances to determine
possible options while working with your counseling agency. Please provide the following information to
the best of your knowledge:
Borrower name(s):
Property Address:
City: State: Zip:
Is the property for sale? Yes ❑ No❑ Listing date: Price: $
Realtor Name: Realtor Phone:
Borrower Occupied? Yes❑ No ❑
Mailing Address(if different):
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
#of people in household: How long?
Mailing Address:
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
#of people in household: How long?
First Mortgage Lender:
Type of Loan:
Loan Number: Date You Closed Your Loan:
Second Mortgage Lender:
Type of Loan:
Loan Number:
Total Mortgage Payments Amount: $ Included Taxes&Insurance:
Date of Last Payment:
Primary Reason for Default:
Is the loan in Bankruptcy? Yes❑ No❑
If yes,provide names, location of court, case number&attorney:
• Assets Amount Owed: Value:
Home: $ $
Other Real Estate: $ $
Retirement Funds: $ $
Investments: $ $
Checking: $ $
Savings: $ $
Other: $ $
Automobile#1:Model: Year:
Amount owed: Value:
Automobile#2: Model: Year:
Amount owed: Value:
Other transportation(automobiles,boats,motorcycles): Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
1. Monthly Gross Monthly Net
2. Monthly Gross Monthly Net
3. Monthly Gross Monthly Net
Additional Income Description(not wages):
1. monthly amount:
2. monthly amount:
Borrower Pay Days: Co-Borrower Pay Days:
Monthly Expenses:(Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage Food
2°d Mortgage Utilities
Car Payments) Condo/Neigh. Fees
Auto Insurance Med. (not covered)
Auto fuel/repairs Other prop.payment
Install.Loan Payment Cable TV
Child Support/Alim. Spending Money _
Day/Child Care/Tuit. Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income&Expenses:
Have you been working with a Housing Counseling Agency?
Yes ❑ No❑
If yes,please provide the following information:
Counseling Agency: Counselor:
Phone(Office): Fax:
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program(HEMAP)
assistance?
•
Yes❑ No D
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 D No D
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:
UWe, , authorize the above named
to use/refer this information to my lender/servicer for the sole purpose of evaluating my
financial situation for possible mortgage options. UWe understand that Uwe am/are under no obligation to
use the counseling services provided by the above named
Borrower Signature Date
Co-Borrower Signature Date
Please forward this document along with the following information to lender and lender's
counsel:
1. Proof of income
2. Past 2 bank statements
3. Proof of any expected income for the last 45 days
4. Copy of a current utility bill
5. Letter explaining reason for delinquency and any supporting documentation (hardship
letter)
6. Listing agreement(if property is currently
•
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#: 314163
•
Exhibit B
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
� ry
Solicitor org■c rvE. -
Us Bank National Association,as Trustee for Citigroup Mortgage Loan Case Number
us. 2013-1348
Lynnette J.Kirkpatrick
SHERIFF'S RETURN OF SERVICE
03/14/2013 '12:39 PM-Deputy Tim Black,being duly sworn according to law,served the requested Notice of
Residential Mortgage Foreclosure Diversion Program&Complaint in Mortgage Foreclosure and
Complaint in Mortgage Foreclosure by"personally"handing a true copy to a person representing
themselves to be the Defendant,to wit:Lynnette J. Kirkpatrick at 17 Sharon Road, East Pennsboro
Township, Enola,PA 17025.
TIM K, DEPUTY
SHERIFF COST: $43.00 SO ANSWERS,
March 15,2013 RON4RR ANDERSON,SHERIFF
Co1MtySuLo SSYugrd[,Teleo$on 4 sc
PHELAN HALLINAN, LLP
Joseph P. Schalk, Esq., Id. No. 91656
126 Locust Street
Harrisburg, PA 17101
215-563-7000 Attorney for Plaintiff
US BANK NATIONAL ASSOCIATION, AS Court of Common Pleas
TRUSTEE FOR CITIGROUP MORTGAGE LOAN
TRUST, INC. 2006-HE3, ASSET-BACKED PASS- Civil Division
THROUGH CERTIFICATES SERIES 2006-HE3 Term
3476 STATEVIEW BOULEVARD
FORT MILL, SC 29715 No. 2013-1348-CIVIL
Plaintiff Cumberland County
vs.
LYNNETTE J. KIRKPATRICK
A/K/A LYNETTE J. KIRKPATRICK
17 SHARON ROAD
ENOLA, PA 17025-1824
Defendant
CERTIFICATION OF SERVICE
I certify that a true and correct copy of Plaintiff's Motion to Lift Conciliation Stay and
proposed Order were sent via first class mail to the person listed below on the date indicated:
LYNNETTE J. KIRKPATRICK
17 SHARON ROAD
ENOLA, PA 17025-1824
Date: Co 60 By. �� L , I ri n
ose•h Schalk, Esquire
Attr ne for Plaintiff
314163
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
US BANK NATIONAL ASSOCIATION, AS
TRUSTEE FOR CITIGROUP MORTGAGE LOAN Court of Common Pleas
TRUST, INC. 2006-HE3, ASSET-BACKED PASS-
THROUGH CERTIFICATES SERIES 2006-HE3 Civil Division
3476 STATEVIEW BOULEVARD Term
FORT MILL, SC 29715
No. 2013-1348-CIVIL
Plaintiff
vs. Cumberland County
LYNNETTE J. KIRKPATRICK
A/K/A LYNETTE J. KIRKPATRICK
17 SHARON ROAD
ENOLA, PA 17025-1824
Defendant
ORDER
AND NOW, this Z` day of qv*%& , 2013, upon consideration of
Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter, it is hereby
ORDERED and DECREED that this matter is removed from the Cumberland County
Residential Mortgage Foreclosure Diversion Program; it is further
ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed
with its Mortgage Foreclosure Action.
BY THE COURT:
J.
CVs ,r2b.1'«,
�. sue. T
<a 1�
' CD f r
-t
314163
CC : Lynnette J. Kirkpatrick
I
Joseph P. Schalk, Esq., Id. No. 91656
Attorney for Plaintiff
PHELAN HALLINAN, LLP
Joseph P. Schalk, Esq., Id. No. 91656
126 Locust Street
Harrisburg, PA 17101
215-563-7000
LYNNETTE J. KIRKPATRICK
17 SHARON ROAD
ENOLA, PA 17025-1824
314163
FILE t7-1FFIC
T}�
Pfi�0�1�0Iq 0 ij�
PHELAN HALLINAN, LIP Attorney for Plaintiff
�Q13 -
Allison F. Zuckerman,Esq., Id. No.309519 AUC S 4.1110: 46
1617 JFK Boulevard, Suite 1400 CUMBERLAND C011
One Penn Center Plaza PENNS l� TY
Philadelphia,PA 19103 L VA NIA
alison.zuckerman@phelanhallinan.com
215-563-7000
US BANK NATIONAL ASSOCIATION, CUMBERLAND COUNTY
AS TRUSTEE FOR CITIGROUP COURT OF COMMON PLEAS
MORTGAGE LOAN TRUST, INC. 2006-
HE3,ASSET-BACKED PASS- CIVIL DIVISION
THROUGH CERTIFICATES SERIES
2006-HE3 No. 13-1348 CIVIL
VS. .
LYNNETTE J. KIRKPATRICK
A/K/A LYNETTE J. KIRKPATRICK
AFFIDAVIT OF NON-MILITARY SERVICE
The undersigned attorney hereby verifies that he/she is the attorney for the
Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge.
of the following facts, to wit:
(a) that the defendant(s) is/are not in the Military or Naval Service of the United
States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of
Congress of 1940,'as amended.
(b) that defendant LYNNETTE J. KIRKPATRICK A/K/A LYNETTE J.
-KIRKPATRICK is over 18 years of age and resides at 17 SHARON ROAD, ENOLA, PA
17025-1824.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
Date
hela na ' P
son F. Zuckerman, Esq., Id. No.309519
Attorney for Plaintiff
PHELAN HALLINAN, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza, Philadelphia, PA 19103
215-563-7000
807922
Department Of Defense Manpower Data Center Results as of:Aug-08-2413 05:47:50
SCRA 3.0
Status ffeport
Pursuant to Scrvicemembexs Civif Relief Act
4
Last Name: KIRKPATRICK
First Name: LYNNETTE
Middle Name: J
Active Duty Status As Of: Aug-08-2013
On Active Duty On Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA -� .�,:, No- NA
This response reflects the indidlduais'actte duty status based on tha.Actree'Duty Status Date
a'
Left Active Duty Within 367 Days of Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA ::'N6°- NA
This response reflects inhere the individual left active duty status within 367 days preceding the Active Duty Status Date
r:
The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
Order Notification Start Date Order Notification End Date Status Service Component
NA NA- .'No- NA
This response reflects whether the individual or hisfier unit has received'eaNy notir6tioo to report for active duty
Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and
Coast Guard). This status'includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY
ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY
IDENTIFY AN INDIVIDUAL,
a.+ r
Mary M.Snavely-Dixon,Director
Department of Defense-Manpower Data Center
4800 Mark Center Drive,Suite 04E25
Arlington,VA 22350
a� 1' �} IL CIO-OF1 (�FICE /try
PHELAN HALLINAN, LLP �J Attorney for Plaintiff
Adam H. Davis, Esq., Id. No.203034201 J AUG 13 [AM 10 414
1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY
One Penn Center Plaza PENNSYLVANIA
Philadelphia, PA 19103
Adam.Davis@PhelanHallinan.com
215-563-7000
US BANK NATIONAL ASSOCIATION, CUMBERLAND COUNTY
AS TRUSTEE FOR CITIGROUP
MORTGAGE LOAN TRUST,INC. 2006- COURT OF COMMON PLEAS
HE3,ASSET-BACKED PASS-
THROUGH CERTIFICATES SERIES CIVIL DIVISION
2006-HE3
No. 13-1348 CIVIL
VS.
LYNNETTE J. KIRKPATRICK
A/K/A LYNETTE J. KIRKPATRICK
PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against LYNNETTE J.
KIRKPATRICK A/K/A LYNETTE J. KIRKPATRICK, Defendant(s) for failure to file an
Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale
of the mortgaged.premises, and assess Plaintiff's damages as follows:
As set forth in Complaint $82,722.77
TOTAL $82,722.77
I hereby certify that(1) the Defendant's last known address is 17 SHARON ROAD,
ENOLA, PA 17025-1824, and(2) that notice has been given in accordance with Rule Pa.R.C.P
237.1. qq
Date
Adam H. Davis, Esq., Id. No.203034
Attorne or Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED.
DATE:
PH#807922 PROTHONOTARY
CIL14 13ayss
807922
l
r
PHELAN HALLINAN, LLP Attorney for Plaintiff
Adam H. Davis,Esq.,Id:No.203034
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
Adam.Davis@PhelanHallinan.com
215-563-7000 -
US BANK NATIONAL ASSOCIATION, CUMBERLAND COUNTY
AS TRUSTEE FOR CITIGROUP COURT OF COMMON PLEAS
MORTGAGE LOAN TRUST,INC. 2006-
HE3,ASSET-BACKED PASS- CIVIL DIVISION
THROUGH CERTIFICATES SERIES
2006-HE3 No. 13-1348 CIVIL
VS. .
LYNNETTE J. KIRKPATRICK
A/K/A LYNETTE J. KIRKPATRICK
AFFIDAVIT OF NON-MILITARY SERVICE
The undersigned attorney hereby verifies that he/she is the attorney for the
Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge
of the following facts, to wit:
(a) that the defendant(s) is/are not in the Military or Naval. Service of the United
States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of
Congress of 1940, as amended.
(b) that defendant LYNNETTE J. KIRKPATRICK A/K/A LYNETTE J.
KIRKPATRICK is over 18 years of age and resides at 17 SHARON ROAD, ENOLA, PA
17025-1824.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
Date A���
Phelan Hallinan,LLP
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
PHELAN HALLINAN, LLP
161.7 JFK Boulevard, Suite 1.400
One Penn Center Plaza, Philadelphia, PA 1.91.03
215-563-7000
807922
Results as of:Aug-12-2013 01:23:06
Department of Defense Manpower Data Center
SCRA 3.0
;'f #1
1 .., Statue Report
Pursuant to Senruernembcrs Civil Relief Act
Last Name: KIRKPATRICK
First Name: LYNNETTE
Middle Name:V
Active Duty Status As Of: Aug-12-2013
On Active Duty On Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA No NA
This response reflects the individuals'active duty statu's based on the Active Duty Status Date
Left Active Duty Within 367 Days of Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA _ NA NA
This response reflects where the individual left active duty'status within 367 days preceding the A'Clive Duty Status Date
0
The Member or HislHer Unit Was Notified of a Future CalWp to Active Duty on Active Duty Status Dale
Order Notification Start Date Order Notification End Date Status Service Component
NA .NA- - :No NA
This response reflects whether the individual or hisrher unit has received early notification to report for active duty
Upon searching the data banks of the Department of Defense Manpower Data-Center,based on the information that you provided,the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAH,Public Health,and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY
ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY
IDENTIFY AN INDIVIDUAL.
411)
Mary M.Snavely-Dixon,Director
Department of Defense-Manpower Data Center
4800 Mark Center Drive,Suite 04E25
Arlington,VA 22350
4.
1
Department of Defense Manpower Data Center Results as of:Aug-12-2013 01:24:1 5
SCRA 3.0
Stew Repott
, r. . Pursuant Io Smieetnembots Civil lief t
Last Name: KIRKPATRICK
First Name: LYNETTE
Middle Name: J
Active Duty Status As Of: Aug-12-2013
On Active Duty On Active Duty Status Date
Active Duty Start Date Active Duty End Date - Status Service Component
NA NA
This response reflects the IncrividuaW active dtity statusbased on the Active ill Status Date
Left Active Duty Within 367 bays of Active Duty Status Date
Active Duty Start Date Active Duty End Date Status - Service Component
NA t ._`NA _ No 1= NA
This response reflects Where the individuat left active dutystatus withirr$67 days preceding the Active D.;uty Status Date
The Member or HisrHer Unit Was Notified of a Future Call-Up to ActiveOuty on Active Duty Status Date
Order Notification Start Date Order Notification End Date Status Service Component
NA -NA. No. NA
This response reflects whether the-individual 6r:hislher unit has received early notification to report for active duty
Upon searching the data banks of the Department of Defense Manpower Data-Center;based on the information that you provided,the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY
ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY
IDENTIFY AN INDIVIDUAL.
oral
Mary M.Snavely-Dixon,Director
Department of Defense-Manpower Data Center
4800 Mark Center Drive,Suite 04E25
Arlington,VA 22350
{ tiUS BANK NATIONAL ASSOCIATION,AS COURT OF COMMON PLEAS
TRUSTEE FOR CITIGROUP MORTGAGE LOAN CIVIL DIVISION
TRUST,INC.2006-HE3,ASSET-BACKED PASS-
THROUGH CERTIFICATES SERIES 2006-HE3 NO. 13-1348 CIVIL
Plaintiff
V. CUMBERLAND COUNTY
LYNNETTE J.KIRKPATRICK A/K/A LYNETTE J.
KIRKPATRICK
Defendant(s)
TO: LYNNETTE J.KIRKPATRICK A/K/A LYNETTE J.KIRKPATRICK
17 SHARON ROAD
ENOLA,PA 17025-,1824
DATE OF NOTICE:.._ L3
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE
IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO
HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT
PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN .
ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST
PROPERTY.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU, UNLESS YOU
ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Office of the Prothonotary CUMBERLAND COUNTY BAR
Cumberland County Courthouse ASSOCIATION
1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE
Carlisle,PA 170-13 2 LIBERTY AVENUE
(717)240-6195 CARLISLE,PA 17013
17)249-3166
By:—140
7 ry Esq.,Id.No.310721
ttorney Plaintiff'
PhcIal 1 li:n:an,LLP
.1617 Boulevard,Suite 1400
One enn Center Plaza
Philadelphia,PA 19103
PH#807922
(Rule of Civil Procedure No. 236) -Revised
US BANK NATIONAL ASSOCIATION, CUMBERLAND COUNTY
AS TRUSTEE FOR CITIGROUP
MORTGAGE LOAN TRUST,INC.2006- COURT OF COMMON PLEAS
HE3,ASSET-BACKED PASS-THROUGH
CERTIFICATES SERIES 2006-HE3
CIVIL DIVISION
VS. .
No. 13-1348 CIVIL
LYNNETTE J.KIRKPATRICK
A/K/A LYNETTE J. KIRKPATRICK
Notice is given that a Judgment in the above captioned matter has been entered
against you on 3 �3
Y•
If you have any questions concerning this matter please contact:
Phelan Hallinan, LLP
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU
HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT
ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY."
807922
PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE)
P.R.C.P. 3180-3183
US BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR CITIGROUP COURT OF COMMON PLEAS
MORTGAGE LOAN TRUST,INC.2006-HE3,ASSET-BACKED PASS-
THROUGH CERTIFICATES SERIES 2006-HE3 CIVIL DIVISION
Plaintiff
V.
NO.: 13-1348 CIVIL
LYNNETTE J.KIRKPATRICK A/K/A LYNETTE J.KIRKPATRICK CUMBERLAND COUNTY
Defendant(s)
To the Prothonotary:
Issue writ of execution in the above matter: a
c_:
Amount Due
$82,722.77 mco r r)~-
Interest from 08/13/2013 to Date of,-Sale
($13.60 per diem) $1,5.50.40
TOTAL
$84,273.13 s
e
Phelan Hallinan,fLP 4
Adam H.Davis,Esq.,Id.No.203034
Attorney for Plaintiff
Note: Please attach description of property.
PH#807922
CD
P
3.�o UlrU
log. -/:51141
I L,
) q CAJ
CU 3'IS
0* gj3Sy
�� ' 12 jj
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLVANIA
US BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST,INC.
2006-HE3,ASSET-BACKED PASS-THROUGH CERTIFICATES SERIES 2006-11E3
Plaintiff
V.
LYNNETTE J.KIRKPATRICK A/K/A LYNETTE J.KIRKPATRICK
mow.
Defendant(s)
PRAECIPE FOR WRIT OF EXECUTION
(Mortgage Foreclosure)
Filed:
Address where papers may be served:
cn' LYNNETTE J. KIRKPATRICK
Phelan Hallinan,LL A/K/A LYNETTE J. KIRKPATRICK
Adam H.Davis,Esq.,Id.No.203034 17 SHARON ROAD
Attorney for Plaintiff ENOLA,PA 17025-1824
LEGAL DESCRIPTION
ALL that certain tract of land with improvements thereon erected situate in East Pennsboro Townshi in th
County of Cumberland and Commonwealth of Pennsylvania,more particularly bounded and described as
follows,to wit: p' e
BEGINNING at a point on the South side of Sharon Road(40 feet wide),said point being the dividing line
between Lots Nos. 6 and 7 on the hereinafter mentioned Plan of Lots;thence southward) along
line a distance of one hundred eighty(180)feet to Lot No. 16 on said Plan;thence eastwardly along said L
Y g said dividing
No. 16,a distance of seventy(70)feet to Lot No. 8 on said Plan;thence northwardly along said Lot No. 8
distance of one hundred eighty(180)feet to the southern line of Sharon Road;thence Westward) along of
south side of Sharon Road,a distance of seventy(70)feet to Lot No. 6, the place of BEGINNING. a
Y ng the
BEING Lot No. 7 in the Plan of Lots known as Penn Heights,said Plan being recorded in the office of the
Recorder of Deeds,Cumberland County,in Plan Book 6,Page 28,
HAVING thereon erected a single dwelling house.
TITLE TO SAID PREMISES IS VESTED IN Lynette J. Kirkpatrick, by Deed from L nette J
Rhoades, Now Known as, Lynette J. Kirkpatrick, dated 10/09/2006,recorded 10/18/2006 in
Book 277, Page 877.
PREMISES BEING: 17 SHARON ROAD,ENOLA,PA 17025-1824
PARCEL No.09-14-0835-044
PHELAN HALLINAN, LLP F I L E D-OFFICE Attorneys for Plaintiff
OF Adam H. Davis, Esq., Id. No.203034 Or THE PRO I HOB OTJLp1 j.
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza 200 AUG 13 AM 10: 455
Philadelphia, PA 19103 CUMBLRLANO COUNTY
Adam.Davis@PhelanHallinan.com PENN S YLVA N I A
215-563-7000
US BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR COURT OF COMMON PLEAS
CITIGROUP MORTGAGE LOAN TRUST,INC. 2006-HE39
ASSET-BACKED PASS-THROUGH CERTIFICATES SERIES : CIVIL DIVISION
2006•HE3
Plaintiff NO.: 13-1348 CIVIL
V.
CUMBERLAND COUNTY
LYNNETTE J. KIRKPATRICK A/K/A LYNETTE J. .
KIRKPATRICK
Defendant(s)
CERTIFICATION
The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned
matter and that the premises-are not subject to the provisions of Act 91 because:
( ) the mortgage is an FHA Mortgage
( ) the premises is non-owner occupied
( ) the premises is vacant
(X) Act 91 procedures have been fulfilled
( ) Act 91 is Not Applicable pursuant to Pa'Bulletin,Doc No 11-1197, 41 Pa.B. 3943
This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to
authorities.
By: �
Phelan Hallinan,LLP
Adam H.Davis,Esq.,Id.No.203034
Attorney for Plaintiff
Ui; BAhX NATIONAL ASSOCIATION,AS TRUSTEE COURT OF COMMON PLEAS
FOR CITIGROUP MORTGAGE LOAN TRUST,INC.
2006-HE3,ASSET-BACKED PASS-THROUGH CIVIL DIVISION
CERTIFICATES SERIES 2006-HE3
Plaintiff NO.: 13-1348 CIVIL
V.
CUMBERLAND COUNTY
LYNNETTE J. KIRKPATRICK
A/K/A LYNETTE J. KIRKPATRICK
Defendant(s)
AFFIDAVIT PURSUANT TO RULE 3129.1
US BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST,INC.2006-
HE3,ASSET-BACKED PASS-THROUGH CERTIFICATES SERIES 2006-HE3,Plaintiff in the above action,by the undersigned
attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property
located at 17 SHARON ROAD,ENOLA,PA 17025-1824.
I. Name and address of Owner(s)or reputed Owner(s): t> c
Name Address(if address cannot be reasonably ascertained
please so indicate) MOD Ys
LYNNETTE J.KIRKPATRICK 17 SHARON ROAD, Cn t` ^'
A/K/A LYNETTE J.KIRKPATRICK ENOLA,PA 17025-1824 c.J
'C
CD CD—11
2. Name and address of Defendant(s)in the judgment: p n -'- -- —
CD
Name Address(if address cannot be reasonably = C_
ascertained,please so indicate) -
(JI
LYNNETTE J.KIRKPATRICK 17 SHARON ROAD
A/K/A LYNETTE J.KIRKPATRICK ENOLA,PA 17025-1824
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold:
Name Address(if address cannot be
reasonably ascertained,please indicate)
DEUTSCHE BANK NATIONAL TRUST 1761 EAST ST.ANDREW PLACE
COMPANY SANTA ANA,CA 92705
DEUTSCHE BANK NATIONAL TRUST 123 SOUTH BROAD STREET,SUITE 2080
COMPANY PHILADELPHIA,PA 19109-1031
C/O TERRENCE J.MCCABE,ESQUIRE
4. Name and address of last recorded hold_er of every mortgage of record:
Name Address(if address cannot be
reasonably ascertained,please indicate)
None.
5. Name and address of every other person who has any record lien on the property:
Name Address(if address cannot be
reasonably ascertained,please indicate)
None.
PH# 807922
6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the
r sale.
IV"ame Address(if address cannot be
reasonably ascertained,please indicate)
None.
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may
be affected by the sale:
Name Address(if address cannot be
reasonably ascertained,please indicate)
TENANT/OCCUPANT 17 SHARON ROAD
ENOLA,PA 17025-1824
DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET
CUMBERLAND COUNTY CARLISLE,PA 17013
COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675
DEPARTMENT OF WELFARE HARRISBURG,PA 17105
INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704
PITTSBURGH,PA 15222
U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220
U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754
DISTRICT OF PA HARRISBURG,PA 17108-1754
FEDERAL BUILDING
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the penalties
of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities.
Date: /�Z��� By: �GY�,.,�
Phelan Hallinan,LLP
Adam H.Davis,Esq.,Id.No.203034
Attorney for Plaintiff
PHELAN HALLINAN,LLP
1617 JFK Boulevard,Suite 1.400
One Penn Center Plaza,Philadelphia,PA 19103
215-563-7000
PH# 807922
US BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR COURT OF COMMON PLEAS
CITIGROUP MORTGAGE LOAN TRUST,INC. 2006-HE3,
ASSET-BACKED PASS-THROUGH CERTIFICATES SERIES_ CIVIL DIVISION
2006-HE3 ,
NO.: 13-1348 CIVIL
Plaintiff
VS. CUMBERLAND COUNTY
LYNNETTE J. KIRKPATRICK
A/K/A LYNETTE J. KIRKPATRICK r' 4
c — --�
Defendants) �: �' _-.._;
rY1 � s s'
JQ
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
ca _ r
TO: LYNNETTE J.KIRKPATRICK o �"
Cl
A/K/A LYNETTE J. KIRKPATRICK
i ,
17 SHARON ROAD �X:
ENOLA,PA 17025-1824
"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY
ENFORCEMENT OF A LIEN AGAINST PROPERTY.**
Your house(real estate) at 17 SHARON ROAD,ENOLA,PA 17025-1824 is scheduled to be sold at the
Sheriff's Sale on 12/04/2013 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street,
Carlisle,PA 17013 to enforce the court judgment of$82,722.77 obtained by US BANK NATIONAL
ASSOCIATION,AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST,INC.2006-HE3,
ASSET-BACKED PASS-THROUGH CERTIFICATES SERIES 2006-HE3 (the mortgagee) against you. In
the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule
3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale; you must take immediate action:
1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and
reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment,
if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause.
You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance you will .
have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS
.EVEN,IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the
price bid by calling 215-563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared
to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this
has happened, you may call 215-563-7000.
4. If the amount due from the Buyer is not paid to the.Sheriff, you will remain the owner of the property as if
the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff
gives a deed to the buyer. At that time, the buyer may bring legal-proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house.. A proposed schedule of
distribution of the money bid for your house will be prepared by the Sheriff not later than thirty(30) days after
the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his
office. This schedule will state who will be receiving that money. The money will be paid out in accordance
with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff
within ten (1.0) days after the filing of the proposed schedule.
7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately
after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW
TO FIND OUT"WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
SHORT DESCRIPTION
By virtue of a Writ of Execution No. 13-1348 CIVIL
US BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR CITIGROUP MORTGAGE
LOAN TRUST, INC. 2006-HE3,ASSET-BACKED PASS-THROUGH CERTIFICATES
SERIES 2006-HE3
V.
LYNNETTE J. KIRKPATRICK A/K/A LYNETTE J. KIRKPATRICK
owner(s) of property situate in the TOWNSHIP OF EAST PENNSBORO, CUMBERLAND
County, Pennsylvania, being
17 SHARON ROAD, ENOLA,PA 17025-1824
Parcel No. 09-14-0835-044
(Acreage or street address)
Improvements thereon: RESIDENTIAL DWELLING
Judgment Amount: $82,722.77
Attorneys for Plaintiff
Phelan Hallinan, LLP
' s
LEGAL DESCRIPTION
ALL that certain tract of land with improvements thereon erected situate in East Pennsboro Township,in the
County of Cumberland and Commonwealth of Pennsylvania,more particularly bounded and described as
follows,to wit:
BEGINNING at a point on the South side of Sharon Road(40 feet wide),said point being the dividing line
between Lots Nos.6 and 7 on the hereinafter mentioned Plan of Lots;thence southwardly along said dividing
line a distance of one hundred eighty(180)feet to Lot No. 16 on said Plan;thence eastwardly along said Lot
No. 16,a distance of seventy(70)feet to Lot No. 8 on said Plan;thence northwardly along said Lot No. 8,a
distance of one hundred eighty(180)feet to the southern line of Sharon Road;thence Westwardly along the
south side of Sharon Road,a distance of seventy(70)feet to Lot No.6,the place of BEGINNING.
BEING Lot No.7 in the Plan of Lots known as Penn Heights,said Plan being recorded in the office of the
Recorder of Deeds,Cumberland County,in Plan Book 6,Page 28.
HAVING thereon erected a single dwelling house.
TITLE TO SAID PREMISES IS VESTED IN Lynette J. Kirkpatrick, by Deed from Lynette J.
Rhoades, Now Known as, Lynette J. Kirkpatrick, dated 10/09/2006,recorded 10/18/2006 in
Book 277, Page 877.
PREMISES BEING: 17 SHARON ROAD,ENOLA,PA 17025-1824
PARCEL NO.09-14-0835-044
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO. 13-1348 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION—LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt,interest and costs due US BANK NATIONAL ASSOCIATION,AS TRUSTEE
FOR CITIGROUP MORTGAGE LOAN TRUST,INC.2006-HE3,ASSET-BACKED PASS-
THROUGH CERTIFICATES SERIES 2006-HE3 Plaintiff(s)
From LYNNETTE J.KIRKPATRICK A/K/A LYNETTE J.KIRKPATRICK
(1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s)not levied upon in the possession
of
GARNISHEE(S)as follows:
and to notify the garnishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant
(s)or otherwise disposing thereof;
(3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due:$82,722.77 L.L.: $.50
Interest FROM 8/13/2013 TO DATE OF SALE($13.60 PER DIEM)-$1,550.40
Atty's Comm: Due Prothy: $2.25
Atty Paid: $191.75 Other Costs:
Plaintiff Paid:
Date: August 13,2013
David D. Buell,Prothonotary
'(Seal)
Deputy
REQUESTING PARTY:
Name: ADAM H.DAVIS,ESQUIRE
Address: Phelan Hallinan,LLP
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
Attorney for:Plaintiff
Telephone: 215-563-7000
Supreme Court ID No. 203034
AFFIDAVIT OF SERVICE
PLAINTIFF CUMBERLAND COUNTY
US BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR
CITIGROUP MORTGAGE LOAN TRUST,INC.2006-HE•3,ASSET- PH#807922
BACKED PASS-THROUGH CERTIFICATES SERIES 2006-HE3
DEFENDANT SERVICE TEAM/lxh
LYNNETTE J.KIRKPATRICK-A/K/A LYNETTE J. COURT NO.:13-1348 CIVIL
KIRKPATRICK
SERVE LYNNETTE J.KIRKPATRICK A/K/A LYNETTE J. TYPE OF ACTION
KIRKPATRICK AT: XX Notice of Sheriffs Sale
17 SHARON ROAD SALE DATE: December 4,2013
ENOLA,PA 17025-1824
SERVED
Served and made known to LYNNETTE J.KIRKPATRICK A/K/A LYNETTE J.KIRKPATRICK,Defendant on the
day of 20 j' ,at
'30 o'clock reersonally M.,at VJ 5MP"N ( ) in the manner described below:
Defendant served.
Adult family member�enda&nw�tlsoresidence h Defen�(s))reside(s).
Relationship is ``�/`''(�l(rr1J
_Adult in charge of De who refused to give name or relationship.
_Manager/Clerk of place of lodging in which Defendant(s)reside(s).
Agent or person in charge of Defendant's office or usual place of business.
_ an officer of said Defendant's company.
_Other: r, \
Description: Age ��s Height_!47 S Weight tS Race 1N Sex�Other
I,� � �1 a competent adult,hereby verify that I personally handed a true and correct copy of the
Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address
indicated above. I understand that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to
unsworn falsification to authorities.
DATE: NAME:
PRINTED NAME:
TITLE: S
NOT SERVED
On the day of 20_,at o'clock_.M.,I, a competent adult hereby
state that Defendant T OU D ecause:
_Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant)
No Answer on at at
Service Refused
Other:
I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn
falsification to authorities.
BY:
PRINTED NAME:
ATTORNEY FOR PLAINTIFF M ;
Phelan Hallinan,LLP r"00 C") ,
1617 JFK Boulevard,Suite 1400 €n -ri-
One Penn Center Plaza r--
Philadelphia,PA 19103 -{1> C i
(215)563-7000 A Z 4
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Justin Hallinan, LLP OC T 16 C E0: I ?ATTORNEY FOR PLAINTIFF
Justin F. Kobeski, Esq., Id. No.20039`� �'
1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY
One Penn Center Plaza PENNSYLVANIA
Philadelphia, PA 19103
justin.kobeski@phelanhallinan.com
215-563-7000
US BANK NATIONAL ASSOCIATION, AS Court of Common Pleas
TRUSTEE FOR CITIGROUP MORTGAGE •
LOAN TRUST, INC. 2006-HE3, ASSET- • Civil Division
BACKED PASS-THROUGH CERTIFICATES •
SERIES 2006-HE3 CUMBERLAND County
Plaintiff •
•
No.: 13-1348 CIVIL
v. •
LYNNETTE J. KIRKPATRICK
A/K/A LYNETTE J. KIRKPATRICK
Defendant
PLAINTIFF'S MOTION TO REASSESS DAMAGES
Plaintiff, by its Attorneys, Phelan Hallinan, LLP,moves the Court to direct the
Prothonotary to amend the judgment in this matter, and in support thereof avers the following:
1. Plaintiff commenced this foreclosure action by filing a Complaint on March 13,
2013.
2. Judgment was entered on August 13, 2013 in the amount of$82,722.77. A true
and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked
as Exhibit"A".
3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment
containing a dollar amount must be entered for the amount claimed in the complaint and any item
which can be calculated from the complaint,i.e.bringing the interest current. However, new items
cannot be added at the time of entry of the judgment.
807922
4. The Property is listed for Sheriffs Sale on December 4, 2013.
5. Additional sums have been incurred or expended on Defendant's behalf since the
Complaint was filed and Defendant has been given credit for any payments that have been made
since the judgment. The amount of damages should now read as follows:
Principal Balance $80,407.78
Interest Through October 18, 2013 $5,082.47
Late Charges $143.88
Legal fees $2,500.00
Cost of Suit and Title $721.95
Property Inspections $105.00
Escrow Deficit $2,282.44
TOTAL $91,243.52
6. The judgment formerly entered is insufficient to satisfy the amounts due on the
Mortgage.
7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to
inclusion of the figures set forth above in the amount of judgment against the Defendant.
8. Plaintiff's foreclosure judgment is in rem only and does not include personal
liability, as addressed in Plaintiff's attached brief.
9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of
its proposed Motion to Reassess Damages and Order to the Defendant on October 3, 2013 and
requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant.
A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of
mailing are attached hereto, made part hereof, and marked as Exhibit "C".
10. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that
Judge Kevin A. Hess entered an order to Lift Conciliation Stay dated June 12,2013 .
807922
WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
Phelan Hallinan, LLP
DATE: �k/Ls/ By: Ad"-
Justin obes ,Esquire
AT '4 RNEY 1 R PLAINTIFF
807922
Phelan Hallinan, LLP
Justin F. Kobeski, Esq., Id. No.200392 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
justin.kobeski@phelanhallinan.com
215-563-7000
US BANK NATIONAL ASSOCIATION, AS : Court of Common Pleas
TRUSTEE FOR CITIGROUP MORTGAGE :
LOAN TRUST, INC. 2006-HE3, ASSET-
•
Civil Division
BACKED PASS-THROUGH CERTIFICATES •
SERIES 2006-HE3
•
CUMBERLAND County
Plaintiff .
No.: 13-1348 CIVIL
v. .
LYNNETTE J. KIRKPATRICK
A/K/A LYNETTE J. KIRKPATRICK
Defendant
MEMORANDUM OF LAW IN SUPPORT OF
PLAINTIFF'S MOTION TO REASSESS DAMAGES
I. BACKGROUND OF CASE
LYNNETTE J. KIRKPATRICK A/K/A LYNETTE J. KIRKPATRICK executed a
Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard
insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs
Note was secured by a Mortgage on the Property located at 17 SHARON ROAD, ENOLA, PA
17025-1824. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may
advance any necessary sums, including taxes, insurance, and other items, in order to protect the
security of the Mortgage.
In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous,
promised monthly mortgage payments. Accordingly, after it was clear that the default would not be
807922
cured,Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently
entered by the Court, and the Property is currently scheduled for Sheriffs Sale.
Because of the excessive period of time between the initiation of the mortgage foreclosure
action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are
outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums,
costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage
in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments
tendered through bankruptcy, if any.
II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT
It is settled law in Pennsylvania that the Court may exercise its equitable powers to control
the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E.,
Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase
Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24(Pa.Super. 1988). The
Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its
judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489
(Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998).
Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991).
The Supreme Court of Pennsylvania recognized in Landau v. Western Pa.Nat. Bank,445
Pa. 117,282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact,
can be expected to change from day to day because the bank must advance sums in order to protect
its collateral. Because a Mortgage lien is not extinguished until the debt is paid,Plaintiff must
protect its collateral up until the date of sale. Beckman v.Altoona Trust Co., 332 Pa. 545,2 A.2d
807922
826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the
judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality
Company v. Burns, 414 Pa. 495,200 A.2d 335 (1971). Plaintiff submits that if it goes to sale
without the requested amended judgment, and if there is competitive bidding for the Property,
Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to
protect its interests. Conversely, amending the in rem judgment will not be detrimental to
Defendant as it imputes no personal liability.
In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that
a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa.
Super. 157, 390 A.2d 276 (1978). In the within case,the amount of the original judgment does not
adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender
payments during the foreclosure proceeding and the advances made by the mortgage company. The
Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal
and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is
also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance
premiums, fire insurance premiums,taxes and other assessments relating to the Property. The
mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur
significant unjust financial losses on this loan.
III. THE FORECLOSURE JUDGMENT IS IN REM ONLY
The within case is a mortgage foreclosure action,the sole purpose of which is to take the
mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage
foreclosure is strictly in rem and does not include any personal liability. Newtown Village
807922
Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer
Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania
Rule of Civil Procedure 1141(a).
However, Pennsylvania law requires that the foreclosure action demand judgment for the
amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for
bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the
mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would
receive the amount of the in rem judgment from the Sheriff.
IV. INTEREST
The Mortgage clearly requires that the Defendant shall promptly pay when due the principal
and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be
charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior
to the date of default through the date of the impending Sheriff's sale has been requested.
V. TAXES AND INSURANCE
If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure
proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale,
Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the
outstanding balance due on the loan. If the Property were damaged in a fire,Plaintiff would not be
able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums.
807922
Most importantly,the Mortgage specifically provides that the mortgagee may advance the
monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is
simply seeking to have the Court enforce the terms of the Mortgage.
VI. ATTORNEY'S FEES
The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done
throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91
letters, loan documents, account records, title reports and supporting documents,preparing and
reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1
Notice, Department of Defense search, entry of judgment, the writ of execution process, lien
holder notices, and all of the other legal work that goes into handling the mortgage foreclosure
lawsuit.
The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The
amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the
loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded
that a request of five percent of the outstanding principal balance is reasonable and enforceable as
an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan
Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974).
In Federal Land Bank of Baltimore v. Fetner,the Superior Court held that an attorney's fee
of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super.
1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included
in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton
807922
Realty, 662 A.2d 1120 (Pa. Super. 1995).Plaintiffs legal fees are not a percentage but are
significantly less than what is permitted by Pennsylvania law.
VII. COST OF SUIT AND TITLE
Pursuant to the terms of the mortgage,Plaintiff is entitled to recover all expenses incurred in
the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff
paid to date as a result of the mortgage default.
The title report is necessary to determine the record owners of the property, as Pa.R.C.P.
1144 requires all record owners to be named as Defendants in the foreclosure action. It is also
necessary to determine whether there are any prior liens to be cleared, so that the Sheriffs sale
purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens
on the property, whether the Defendants are divorced (which could affect service of the
complaint), and numerous other legal issues. The title bringdown is necessary to identify any
new liens on the property or new owners between the time of filing and complaint and the writ
date.
The Freedom of Information Act inquiries and the investigation into Defendants'
whereabouts are necessary to effectively attempt personal service of the complaint and notice of
sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1
and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriffs sale date, as
their interests will be divested by the Sheriffs sale.
Accordingly,the modest sums Plaintiff has incurred for the costs of suit and title were
necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred.
The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its
807922
foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from
the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of
suit and title in their entirety, which will not cause harm to the Defendants.
VIII. PROPERTY INSPECTIONS AND PRESERVATION
The terms of the mortgage provide for property inspections and property preservation
charges. The lender or its agent may make reasonable inspections of the property pursuant to the
terms of the mortgage. When a borrower defaults under the terms of the mortgage,the lender
may do, or pay for, whatever is reasonable to protect its interest in the collateral, including
property maintenance. Any amounts disbursed by the lender for property inspections and
preservation become additional debt of the borrower secured by the mortgage. The lender may
charge the borrower for services performed in connection with the default, for the purpose of
protecting the lender's interest in the property, including property inspections and valuation
costs.
When a loan is in default, the lender's risk increases. Mortgage companies typically have
a vendor visit the premises to determine if any windows need to be boarded up, if the property is
vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any
problems at the mortgaged premises, then the mortgage company may proceed to take whatever
steps are necessary to secure the collateral, such as boarding windows, winterizing, removing
hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks,
which are referred to in the industry as"property preservation". These services avoid code
violations and avoid the property becoming an eyesore in the neighborhood. Property
preservation helps maintain property values in the neighborhood.
807922
Accordingly, line items included in Motions to Reassess Damages for property
inspections and property preservation represent amounts which the mortgage company has paid
out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract.
Since the terms of the mortgage provide that such expenses by the mortgage company become
part of the borrower's debt secured by the mortgage, those expenses are properly included in the
Plaintiff's Motion to Reassess Damages.
IX. CONCLUSION
Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by
legal proceedings, and such delays require the mortgagee to expend additional sums provided for by
the Mortgage,then the expenses necessarily become part of the mortgagee's lien and should be
included in the judgment.
Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess
Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance
with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would
recover the monies it expended to protect its collateral.
WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
Phelan Hallinan, LLP
DATE: (6//s/5/5 By: ...00111111#
Just /i. Kobeski,Esquire
A ey for Plaintiff
807922
Exhibit "A"
807922
PHELAN HALLINAN,LLP Attorney for Plaintiff
Adam H. Davis,Esq., Id. No.203034
1617 JFK Boulevard, Suite 1400 c o
One Penn Center Plaza -v3 ,
Philadelphia,PA 19103 m Adam.Davis@PhelanHallinan.com Nrr-� — ,-a Irrl
215-563-7000 _<7> ` �
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c, Z--;
US BANK NATIONAL ASSOCIATION, : CUMBERLAND COUNTY zo 0 o,T
AS TRUSTEE FOR CITIGROUP 1).= . - v
MORTGAGE LOAN TRUST,INC.2006- : COURT OF COMMON PLEAS
HE3,ASSET-BACKED PASS-
THROUGH CERTIFICATES SERIES : CTV)IVLSION
2006-HE3 EM .
- 348 CIVIL
VS.
LYNNETTE J.KIRKPATRICK
A/K/A LYNETTE J.KIRKPATRICK
PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and a .YNNETTE T.
KIRKPATRICK A/K/A LYNETTE J.IIRKPATRI ant(s)for failure to file an
Answer to Plaintiff's Complaint within 20 days fro f and for foreclosure and sale
of the mortgaged premises,and assess Plaintiff's damag follows:
As set forth in Complaint $82,722.77
TOTAL $82,722.77
iw9rohy certify thtt(1)the fefPndant's last known address is 17 SHARON ROAD,
ENOLA,PA 17025-1824, and(2)that no ice rda a.R.C.P
237.1. - -
Date 1/1Z/13 44445.1
Davis,Esq., Id.No.203034
veig:y.., for Plaintiff
DAMAGES HEREBY ASSESSED AS INDICATED.
DATE: e 3/3 'b
PH#807922 PROTHONOTARY
807922
Exhibit "B"
807922
PHELAN HALLINAN, LLP
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103
(215) 563-7000
FAX#: (215) 563-3459
Phelan Hallinan, LLP Representing Lenders in
Pennsylvania
October 2nd, 2013
LYNNETTE J. KIRKPATRICK
A/K/A LYNETTE J. KIRKPATRICK
17 SHARON ROAD
ENOLA, PA 17025-1824
RE: US BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR CITIGROUP
MORTGAGE LOAN TRUST, INC. 2006-HE3,ASSET-BACKED PASS-THROUGH
CERTIFICATES SERIES 2006-HE3 v. LYNNETTE J. KIRKPATRICK, A/K/A
LYNETTE J. KIRKPATRICK
Premises Address: 17 SHARON ROAD ENOLA, PA 17025
CUMBERLAND County CCP,No. 13-1348 CIVIL
Dear Defendant,
Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages
and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your
concurrence with the requested relief that is, increasing the amount of the judgment. Please
respond to me within 5 days,by 10/7/2013.
Should you have further questions or concerns,please do not hesitate to contact me.
Otherwise,please be guided accordingly.
Very ly yours,,
fire
Tust'. F. o eski, Esq., Id.No.200392
At rney for Plaintiff
Enclosure
807922
I o �,
Name and Fhelan Ha3linan,Ltd,'
Address 617 JFK Boulevard,Suite 1400
Of Sender One Penn Center Plaza ^1I c7
Philadelphia.PA 19103 KVM . . ! r
Line AI1iek Number [Name of Addressee,Street and Post Ocoee Address P0.ta�e c
Ili 1 **** l LYNNETTE J.KIRKPATRICK
$O.A6 mgr
I/SHARON ROAD e
PNOLA,PA 17025-1824 NOC
RE:LYNN£TTE J.KIRKPATRICK AIKAA LYNETTE J.KIRKPATRICK(CUMBERLAND) PH# $0.46
807922/1200 Page 1 oil '`
�r Via ;
Tura!N�mbcr�><... TMaI Nsmbtr of P,a,cs I P(nta ;Par(Name of The full riata grim of at.a mamrcc oa sit dvmestc and ialernsliohal reltspere4 oil The m. �'°
Pieter l.isra t.,scnsn Rctciv 4*t Pal4fLr_ #eot+++aE"6npto>oc) ro.usrncaan�cfion otamn<�a.eie ikwmenss ends 6'sprass)sa4 disummtrecamlrrw»..tr _- yC
petit xs,'alZt w a ISMS of S5p0.tr00Perocaurteoce '11,4 matimum indemnily peyabee art Exgr,,
• ••
Themulom a indemnity P+»ham to 322.000 far mamma d mat,seat with hotiorml mevnaea scr -
.,_,._ _.,.,.. Ro00 S413 m34121 for lnaxwas ategyttlae.
Form 3877 Facsimile OCT—3 211-�
•
T 1_
•
•
X0792,2
Phelan Hallinan, LLP
Justin F. Kobeski, Esq., Id. No.200392 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
justin.kobeski@phelanhallinan.com
215-563-7000
US BANK NATIONAL ASSOCIATION, AS : Court of Common Pleas
TRUSTEE FOR CITIGROUP MORTGAGE •
LOAN TRUST, INC. 2006-HE3, ASSET- • Civil Division
BACKED PASS-THROUGH CERTIFICATES
SERIES 2006-HE3 • CUMBERLAND County
Plaintiff •
•
No.: 13-1348 CIVIL
v. •
LYNNETTE J. KIRKPATRICK
A/K/A LYNETTE J. KIRKPATRICK
Defendant
CERTIFICATION OF SERVICE
I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages,
and Brief in Support thereof, were sent to the following individual on the date indicated below.
LYNNETTE J. KIRKPATRICK
A/K/A LYNETTE J. KIRKPATRICK
17 SHARON ROAD
ENOLA,PA 17025-1824
Phelan Hallinan,LLP
DATE: / ��s//� By: -411111#
Justi P.r obeski, Esquire
A i •RNEY FOR PLAINTIFF
807922
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
US BANK NATIONAL ASSOCIATION, AS • Court of Common Pleas
TRUSTEE FOR CITIGROUP MORTGAGE
LOAN TRUST, INC. 2006-HE3, ASSET- : Civil Division
BACKED PASS-THROUGH CERTIFICATES •
SERIES 2006-HE3 CUMBERLAND County
Plaintiff •
•
No.: 13-1348 CIVIL
v. •
LYNNETTE J. KIRKPATRICK
A/K/A LYNETTE J. KIRKPATRICK
Defendant
RULE
AND NOW,this 2 2 `' day of O k 2013, a Rule is entered upon the Defendant
to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess
Damages.
Defendant shall have twenty (20) days from the date of this Order to file a response to
Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a
Motion to Make Rule Absolute and no hearing will be scheduled on this matter.
BY #2. COURRRT
_ IP
J.
a
}
807922
•
Justin F.Kobeski,Esq.,Id.No.200392
Phelan Hallinan,LLP
1617 JFK Boulevard, Suite 1400
Philadelphia,PA 19103
TEL: (215)563-7000
FAX: (215)563-3459
,/ZY JNETTE J. KIRKPATRICK
A/K/A LYNETTE J. KIRKPATRICK
17 SHARON ROAD
ENOLA, PA 17025-1824
irL dict_
807922
1ofa/.�13
807922
Uf I HE PRO 11 H NO(j '`
2013 OCT 31 AM ID: 02
CUMBERLAND COUNTY.
PENNSYLVANIA
Phelan Hallinan, LLP
John Michael Kolesnik, Esq., Id. No.308877 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
John.Kolesnik@phelanhallinan.com
215-563-7000
US BANK NATIONAL ASSOCIATION, AS • Court of Common Pleas
TRUSTEE FOR CITIGROUP MORTGAGE
LOAN TRUST, INC. 2006-HE3, ASSET- • Civil Division
BACKED PASS-THROUGH CERTIFICATES •
SERIES 2006-HE3 • CUMBERLAND County
Plaintiff •
vs. • No.: 13-1348 CIVIL
LYNNETTE J. KIRKPATRICK
A/K/A LYNETTE J. KIRKPATRICK
Defendant
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of the Court's October 22, 2013 Rule
directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should
not be granted was served upon the following individual on the date indicated below.
LYNNETTE J. KIRKPATRICK
A/K/A LYNETTE J. KIRKPATRICK
17 SHARON ROAD
ENOLA, PA 17025-1824
/ Phel. ' .n, LLP
//
DATE: I0M By:
Jo 4-7' ichael Kolesnik, Esq., Id. No.308877
ttorney for Plaintiff
807922
IY
9 AN * 15
,ICE :,LH;,� CUVI%t'
�
L
NSYLVANIA
Phelan Hallinan, LLP
Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Jonathan.Lobb@phelanhallinan.com
215-563-7000
US BANK NATIONAL ASSOCIATION, AS • Court of Common Pleas
•
TRUSTEE FOR CITIGROUP MORTGAGE
LOAN TRUST, INC. 2006-HE3, ASSET- • Civil Division
•
BACKED PASS-THROUGH CERTIFICATES
SERIES 2006-HE3 • CUMBERLAND County
•
Plaintiff
• No.: 13-1348 CIVIL
•
vs.
LYNNETTE J. KIRKPATRICK
A/K/A LYNETTE J. KIRKPATRICK
Defendant
MOTION TO MAKE RULE ABSOLUTE
US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CITIGROUP
MORTGAGE LOAN TRUST, INC. 2006-HE3, ASSET-BACKED PASS-THROUGH
CERTIFICATES SERIES 2006-HE3, by and through its attorney, hereby petitions this
Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in
support thereof avers as follows:
1. A Motion to Reassess Damages was filed with the Court on October 16, 2013.
807922
2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy
of its proposed Motion to Reassess Damages and Order to the Defendant on October 3, 2013 and
requested the Defendant's Concurrence. Plaintiff did not receive any response from the
Defendant. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and
certificate of mailing are attached hereto,made part hereof, and marked as Exhibit A.
3. A Rule was issued on October 22, 2013 directing the Defendant to show cause by
November 11, 2013 why the Motion to Reassess Damages should not be granted. A true and
correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B.
4. The Rule to Show Cause was timely served upon all parties on October 30, 2013
in accordance with the applicable rules of civil procedure. A true and correct copy of the
Certificate of Service is attached hereto, made part hereof, and marked Exhibit C.
5. Defendant failed to respond or otherwise plead by the Rule Returnable date of
November 11, 2013.
WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show
Cause absolute and grant Plaintiff's Motion to Reassess Damages.
Phelan Hallinan, LLP
DATE: 11/13 /I3 By:
nathan Lobb,Esq., Id. No.312174
Attorney for Plaintiff
807922
Exhibit "A"
807922
•
PHELAN HALLINAN, LLP
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103
(215) 563-7000
FAX#: (215) 563-3459
Phelan Hallinan, LLP Representing Lenders in
Pennsylvania
October 2nd, 2013
LYNNETTE J. KIRKPATRICK
A/K/A LYNETTE J. KIRKPATRICK
17 SHARON ROAD
ENOLA, PA 17025-1824
RE: US BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR CITIGROUP
MORTGAGE LOAN TRUST, INC. 2006-HE3,ASSET-BACKED PASS-THROUGH
CERTIFICATES SERIES 2006-HE3 v. LYNNETTE J. KIRKPATRICK,A/K/A
LYNETTE J. KIRKPATRICK
Premises Address: 17 SHARON ROAD ENOLA,PA 17025
CUMBERLAND County CCP,No. 13-1348 CIVIL
Dear Defendant,
Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages
and Order. in accordance with Cumberland County Local Rule 208.3(9), I am seeking your
concurrence with the requested relief that is, increasing the amount of the judgment. Please
respond to me within 5 days,by 10/7/2013.
Should you have further questions or concerns,please do not hesitate to contact me.
Otherwise,please be guided accordingly.
Very ply yours,
Just', F. 0 eski, Esq.,Id.No.200392
At a rnyf for Plaintiff
Enclosure
807922
, .
1 iii 04 i.-,--,-
Name and Phelan Hallinan,LLP I N o
Address 11111110 1617JFTC Boulevard,Suite 1400 i 11.s C)
Of Sender One Penn Center Plaza A ill
as -
Philadelphia,PA 19103 KVM ,
Line Article Number I Name of Addressee,Street,sod'Post°Inca Address Postage 1
•
• 1 raw* t LYNNETCEJ.KIRKPATRICK 54.46 r:
17 SHARON ROAD J
ENOLA,PA 17025-1824 :"•"9---;:e1-:::
RE.LYNNET FE J.KIRKPATRICK AIK A LYNETTE J.KIRKPATRICK(CUMBERLAND) PH a S0.46
t
. 807922/1200 Pale 1 of 1 r• ,,A.
v f
Total N�antx,of Total fdmabe+ofNnn Per>eawr Par(Ni am�p The fuildecIci wn of wait.:n r red as ail domestic ad&trm.a�onai registttM mrml,TErc mu a'h` 13.
Placa LUW try Scrflca kesbWd as NO Of5 Komi+na�£mp`.o.0 1l for the r«m>auawn of omccoc f,Aoc,mworxeridecEcp.oc taatdaoe coo4O ucho,1r<, .. * 'h�
•
pieta avbtcct 10 a Iimi col$Wn 000 pa CGG,tccaco T c mulmum Iockmmly payabla cn Esyrra.'
The mu,mwn inbsrmn,pmble u S2P,000 ft*nrcctr,c1 mall,sent 0710 oP,oal 1.orar,ce ,cc .
• 9900 5913 and 5921 for hat-3143rd of cosm<
Form 3877 Facsimile
OCT-3 11)T3
.
. I
I
807;922
Exhibit "B"
807922
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
US BANK NATIONAL ASSOCIATION, AS Court of Common Pleas
TRUSTEE FOR CITIGROUP MORTGAGE
LOAN TRUST, INC. 2006-HE3,ASSET- Civil Division
BACKED PASS-THROUGH CERTIFICATES .
SERIES 2006-HE3 CUMBERLAND County
Plaintiff
No.: 13-1348 CIVIL
v.
LYNNETTE J. KIRKPATRICK
A/K/A LYNETTE J. KIRKPATRICK
Defendant
RULE
AND NOW,this " xL day of 2013, a Rule is entered upon the Defendant
to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess
Damages.
Defendant shall have twenty (20) days from the date of this Order to file a response to
Plaintiff's Motion to Reassess Damages. If no response is filed with the Court,Plaintiff may file a
Motion to Make Rule Absolute and no hearing will be scheduled on this matter.
BY THE COURT
444 ...I-3
J,
ir'
807922
Justin F.Kobeski,Esq.,Id.No.200392
Phelan Hallinan,LLP
1617 JFK Boulevard,Suite 1400
Philadelphia,PA 19103
TEL: (215)563-7000
FAX: (215)563-3459
LYNNETTE J. KIRKPATRICK
A/KIA LYNETTE J. KIRKPATRICK
17 SHARON ROAD
ENOLA,PA 17025-1824
807922
807922
Exhibit "C"
f L
;:'13 OCT 31 All 0: ,.
"; .lH BERL, ND vLu!. ;
PENNSYLVANIA
Phelan Hallinan, LLP
John Michael Kolesnik, Esq., Id.No.308877 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia,PA 19103
John.Kolesnik @phelanhallinan.com
215-563-7000
US BANK NATIONAL ASSOCIATION,AS Court of C• ,� c,f� ;' eas
TRUSTEE FOR CITIGROUP MORTGAGE
LOAN TRUST, INC. 2006-HE3,ASSET- • Civil Division
BACKED PASS-THROUGH CERTIFICATES
SERIES 2006-HE3 CUMBERLAND County
Plaintiff • Et `
vs. No,: 13-1348 i‘rs `
•
LYNNETTE J. KIRKPATRICK
A/K/A LYNETTE J. KIRKPATRICK
Defendant
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of the Court's October 22,2013 Rule
directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should
not be granted was served upon the following individual on the date indicated below.
LYNNETTE J. KIRKPATRICK
AJK/A LYNETTE J. KIRKPATRICK
17 SHARON ROAD
ENOLA,PA 17025-1824
Phel• ,Y , LLP
DATE: By:
Jo ' iohael Kolesnik,Esq.,Id. No.308877
A ttomey for Plaintiff
807922
Phelan Hallinan, LLP
Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Jonathan.Lobb@phelanhallinan.com
215-563-7000
US BANK NATIONAL ASSOCIATION, AS • Court of Common Pleas
•
TRUSTEE FOR CITIGROUP MORTGAGE
LOAN TRUST, INC. 2006-HE3, ASSET- • Civil Division
•
BACKED PASS-THROUGH CERTIFICATES
SERIES 2006-HE3 • CUMBERLAND County
•
Plaintiff
vs. • No.: 13-1348 CIVIL
•
LYNNETTE J. KIRKPATRICK
A/K/A LYNETTE J. KIRKPATRICK
Defendant
CERTIFICATION OF SERVICE
I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute
was served upon the following individual on the date indicated below.
LYNNETTE J. KIRKPATRICK
A/K/A LYNETTE J. KIRKPATRICK
17 SHARON ROAD
ENOLA, PA 17025-1824
Phelan Hallinan, LLP
DATE: /1/3/13 By:
J than Lobb,Esq., Id. No.312174
Attorney for Plaintiff
807922
lf`ii,�; Fgr0iI:10°'::11-4 PHELAN HALLINAN,LLP Attorney for Plaintiff 2
fR}
Adam H.Davis,Esq.,Id.No.203034 . '�UHBE�(. � D r0�lr` T Y, -
• . 1617 JFK Boulevard,Suite 1400 PENNSYLVANIA
One Penn Center Plaza •
• • Philadelphia,PA 19103 . ' . • . . . •
• Adam.Davis @PhelanHallinan.com - •'
215-.563-7000 • •
. • . • • IN THE.COURT OF COMMON PLEAS. • ' • •
• • . . . • ' •OF CUMBERLAND COUNTY,PENNSYLVANIA' . • '. . . '
US BANK NATIONAL ASSOCIATION,AS • : CUMBERLAND COUNTY .
TRUSTEE FOR CITIGROUP MORTGAGE LOAN .
TRUST,INC.2006-HE3,ASSET-BACKED PASS- COURT OF COMMON PLEAS
THROUGH CERTIFICATES SERIES 2006-HE3 .
Plaintiff, CIVIL DIVISION
v. • No.: 13-1348 CIVIL
Defendant(s)
AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2
COMMONWEALTH OF PENNSYLVANIA )
PHILADELPHIA COUNTY ) SS:
As required by Pa. R.C.P. 3129.2(a)Notice of Sale has been given to Lienholders
and any known interested party in the manner required by Pa.R.C.P. 3129.2(c)on each of
the persons or parties named,at that address,set forth on the Affidavit and as amended if
applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return
Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"A".
Adam H.Davis,Esq.,Id'No.2034034 bt...\'--
// 7i/ Attorney for Plaintiff
Date: L /
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not
be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale
must be postponed or stayed in the event that a representative of the plaintiff is not present
at the sale.
PH#807922
•
US BANK NATIONAL ASSOCIATION, AS TRUSTEE COURT OF COMMON PLEAS
FOR CITIGROUP MORTGAGE LOAN TRUST,INC. ••
•2006-HE3,ASSET-BACKED PASS-THROUGH CIVIL DIVISION • .
CERTIFICATES SERIES 2006-HE3 . .•
• • .•
• . . Plaintiff • • • NO.: 13-1348 CIVIL .
v. .
• CUMBERLAND COUNTY •
. LYNNETTE J. KIRKPATRICK A/K/A LYNETTE J.
KIRKPATRICK • • •
. • Defendant(s) .
•
. AMENDED AFFIDAVIT.PURSUANT TO RULE 3129.1 •
. US BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST,INC.2006-
HE3,ASSET-BACKED PASS-THROUGH CERTIFICATES SERIES 2006-HE3,Plaintiff in the above action,by the undersigned
attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property
located at 17 SHARON ROAD,ENOLA,PA 17025-1824.
1. Name and address of Owner(s)or reputed Owner(s):
Name Address(if address cannot be reasonably ascertained,
please so indicate)
LYNNETTE J.KIRKPATRICK A/K/A 17 SHARON ROAD,ENOLA,PA 17025-1824
LYNETTE J.KIRKPATRICK
2. Name and address of Defendant(s)in the judgment:
Name Address(if address cannot be reasonably
ascertained,please so indicate)
LYNNETTE J.KIRKPATRICK A/K/A 17 SHARON ROAD '
LYNETTE J.KIRKPATRICK ENOLA,PA 17025-1824
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold:
Name Address(if address cannot be
reasonably ascertained,please indicate)
DEUTSCHE BANK NATIONAL TRUST 1761 EAST ST.ANDREW PLACE
COMPANY SANTA ANA,CA 92705
DEUTSCHE BANK NATIONAL TRUST 123 South Broad Street,Suite 2080
COMPANY C/O TERRENCE J.MCCABE, Philadelphia,PA 19109-1031
ESQUIRE
FINANCE FACTORY PO BOX 636
MECHANICSBURG,PA 17055-0636
4. Name and address of last recorded holder of every mortgage of record:
Name Address(if address cannot be
reasonably ascertained,please indicate)
None.
5. Name and address of every other person who has any record lien on the property:
Name Address(if address cannot be
reasonably ascertained,please indicate)
PH# 807922
None.
6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the
• sale. • .
Name • • • . Address(if address cannot be
• • • reasonably ascertained,please indicate)
None. .
7. Name and address of every other person.of whom the plaintiff has knowledge who has any interest in the property which may
be affected by the sale: .
Name • Address(if address cannot be •
reasonably ascertained,please indicate) • '
•
•
• • TENANT/OCCUPANT . . 17 SHARON ROAD . •
•
•'• . • • • .• ENOLA;PA•17025-1824 • •
•
DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET •
CUMBERLAND COUNTY CARLISLE,PA 17013
COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675
DEPARTMENT OF WELFARE HARRISBURG,PA 17105
INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704
PITTSBURGH,PA 15222
U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220
U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754
DISTRICT OF PA HARRISBURG,PA 171084754
FEDERAL BUILDING
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the penalties
of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities.
Date: /1// j! By: /Y/fi' ""
Phelan Hallinan,LLP
Adam H.Davis,Esq.,Id.No.203034
Attorney for Plaintiff
PHELAN HALLINAN,LLP
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza,Philadelphia,PA 19103
215-563-7000
PH#807922
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Name and Phelan Hallman.LLP tit'r._ ■
Address 1617 JFK Boulevard,Suite 1400
Of Sender One Penn center Plain s r-
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' Philydclphia.PA 19103 AZ1C/CET 11704/2013 SALE '1[
Line Article Number Name ofAddre ne,Street,andPostOlTiceAddress - :Postage 1 r`1 ¢r�. c'l.•I II?* TENANT/OCCUPANT 50:45 t azCM- [
17 SIIARON ROAD
ENOLA,PA 110254824 x •
•2 ••.r DEUTSCHE BANK NATIONAL TRUST COMPANY - $0.45
1161 EAST ST.ANDREW PLACE e
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123 South Broad Street;Suite 2080 -
Philadelphia,PA 191094031 ' . � ;.`
-4 •,:s Domestic Relations of $0.45
• Cumberland County -
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. 13 North Hanover Street
Carllsie,PA 17013 '
5• ma Conirnonwnnitit of Pennsylvania , .• $0.45
• • Depur taentofWelfate
1'X3.Rex 3675' $ . `
. ,Harrlsburgt_PA'17105 •
6 "'"" Internal Revenue Ser.ice.Advlsory $0.45
1000 Liberty Avenue Room 704 jjI
Pittsburgh,PA 15222 _ 7 " "
7 aa•a U.S.Department ofJustice $0.45
U.S.Attorney for the Middle.District of PA ,
Federal Building to 1: ,` 1
228 Walnut Street,Suite 220 -
PO Bos 11759 !
• Harrisburg,PA 17108-1754
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'Form 3877 Facsimile
1
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�G 3 NO r' 21 PM 3. 3
IN THE COURT OF COMMON PLEAS CUMBELA` COUNTY
CUMBERLAND COUNTY,PENNSYLVANIA P E h N S y`r A N j A
US BANK NATIONAL ASSOCIATION, AS Court of Common Pleas
TRUSTEE FOR CITIGROUP MORTGAGE
LOAN TRUST, INC. 2006-HE3, ASSET- Civil Division
BACKED PASS-THROUGH CERTIFICATES
SERIES 2006-HE3 CUMBERLAND County
Plaintiff
vs. No.: 13-1348 CIVIL
LYNNETTE J. KIRKPATRICK
A/K/A LYNETTE J. KIRKPATRICK
Defendant
ORDER
AND NOW, this Z day of No vut-/ , 2013, upon consideration of Plaintiff s
Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered
upon Defendant shall be and is hereby made absolute and Plaintiffs Motion to Reassess
Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED
to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows:
Principal Balance $80,407.78
Interest Through October 18, 2013 $5,082.47
Late Charges $143.88
Legal fees $2,500.00
Cost of Suit and Title $721.95
Property Inspections $105.00
Escrow Deficit $2,282.44
TOTAL $91,243.52
Plus interest at six percent per annum.
Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above
figure.
BY COU
. � J.
///a f A3 807922
�__rtq
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND' COUNTY
OFFICE OF THE $ ERIFF
' 2 7 MAR 7 PH
CUP'yr��r RL,f ND CutiNTY
PENNSYLVANIA
Us Bank National Association
vs.
Lynnette J. Kirkpatrick
Case Number
2013 -1348
SHERIFF'S RETURN OF SERVICE
09/27/2013 10:30 AM - Deputy Stephen Bender, being duly sworn according to law, states service was performed by
posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the
above titled action, upon the property located at 17 Sharon Road, East Pennsboro Township, Enola, PA
17025, Cumberland County.
09/27/2013 07:29 PM - Deputy Stephen Bender, being duly sworn according to law, served the requested Real Estate
Writ, Notice and Description, in the above titled action, by making known its contents and at the same
time personally handing a true copy to a person representing themselves to be TIM BANKIS A I C, who
accepted as "Adult Person in Charge" for Lynnette J. Kirkpatrick at 17 Sharon Road, East Pennsboro
Township, Enola, PA 17025, Cumberland County.
12/04/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had
been given according to law, he exposed the within described premises at public venue or outcry at the
Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania on December 04, 2013 at
10:00 AM. He sold the same for the sum of $1.00 to Attorney Joseph Schalk, on behalf of US Bank
National Association, As Trustee for CITIGROUP Mortgage Loan Trust, Inc. 2006 -HE3, Asset - Backed
Pass - Through Certificates Series 2006 -HE3, being the buyer in this execution, paid to the Sheriff the sum
of $
SHERIFF COST: $820.80 SO ANSWERS,
February 19, 2014 RONR ANDERSON, SHERIFF
(c) CountySuite Sheriff, Teleosoft,
CN
L)
r
On August 14, 2013 the Sheriff levied upon the
defendant's interest in the real property situated in
East Pennsboro Township, Cumberland County, PA,
Known and numbered as, 17 Sharon Road,
Enola, as Exhibit "A" filed with this
writ and by this Reference incorporated herein.
Date: August 1.4, 2013
By:
Real Estate Coordinator
LXII 41 ' CUMBERLAND LAW JOURNAL 10/11/13
Writ No. 2013 -1348. Civil Term
US BANK NATIONAL ASSOCIATION
vs.
LYNNETTE. J. KIRKPATRICK
Atty.: Joseph Schalk
By virtue of a 'Writ of Execution
No. 134348 .CIVIL, US BANK NA= • '
TIONAL ASSOCIATION,AS TRUSTEE
FOR CITIGROUP MORTGAGE LOAN
TRUST, INC. 2006-14E3, ASSET-
BACKED PASS- THROUGH CER-
TIF.ICATES SERIES 2006 -HE3 v..
LYNNETTE J. KIRKPATRICK a /k /a
LYNETTE J. KIRKPATRICK owner(s)
of property situate in the TOWNSHIP
OF EAST PENNSBORO, CUMBER-
LAND County, Pennsylvania, .
17 SHARON ROAD, ENOLA, PA
17025 -1824.
Parcel No. 09 -14.- 0835 - 044,..
Improvements thereon: RESIDEN-
TIAL DWELLING.
Judgment Amount: $82,722.77:
74
TIS
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA :
ss.
COUNTY OF CUMBERLAND :
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
October 11, October 18 and October 25, 2013
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
Marie Coyne, E itor
SWORN TO AND SUBSCRIBED before me this
25 da of Octobert2013
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BOROUGH, CUMBERLAND COUNTY
My Commission Expires Apr 28, 2014
The Patriot -News Co.
2020 Technology Pkwy
Suite 300
Mechanicsburg, PA 17050
Inquiries - 717- 255 -8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE
PA 17013
he atriotXews
Now you know
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Marianne Miller, being duly sworn according to law, deposes and says:
That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the
Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday
Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State
aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949,
respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and /or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said
Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as
to the time, place and character of publication are true; and
That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M ", Volume 14, Page 317.
2013-1348 Civil Term
US BANK NATIONAL
ASSOCIATION
vs. •
LYNNETTE J. KIRKPATRICK
Atty: Joseph Schalk
By virtue of a Writ of Execution No. 13 -1348
CIVIL
US BANK NATIONAL ASSOCIATION,
AS • TRUSTEE FOR CITIGROUP
MORTGAGE LOAN TRUST, INC. 2006 -
HE3, ASSET-BACKED PASS - THROUGH
CERTIFICATES SERIES 2006 -HE3
v.
LYNNETTE J. KIRKPATRICK A/K/A
LYNETTE J. KIRKPATRICK
owner(s) of property situate in the
TOWNSHIP OF EAST PENNSBORO,
CUMBERLAND County, Pennsylvania,
being
17 SHARON ROAD, ENOIA, PA 17025-
1824
Parcel No. 09 -14- 0835-044
(Acreage or street address)
Improvements thereon: RESIDENTIAL
DWELLING
Judgment Amount: $82,722.77
This ad ran on the date(s) shown below:
10/13/13
10/20/13
10/27/13
Sworn to and subscribed before me th•s 11 day of November, 2013 A.D.
o ary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Holly Lynn Warfel, Notary Public
Washington Twp., Dauphin County
My Commission Expires Dec. 12, 2016
MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
} SS:
I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the
Sheriff's Deed in which US Bank, N.A. as Trustee for CITITGROUP Mortgage Loan Trust Inc. 2006 -
HE3 Asset - Backed Pass - Through Cert Series 2006 -HE3 is the grantee the same having been sold to said
grantee on the 4th day of December A.D., 2013, under and by virtue of a writ Execution issued on the
13th day of August, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term,
2013 Number 1348, at the suit of US Bank, N.A. as Trustee for CITIGROUP Mortgage Loan Trust Inc.
2006 -HE3 Asset - Backed Pass - Through Cert Series 2006 -HE3 against Lynette J. Kirkpatrick is duly
recorded as Instrument Number 201406190.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this
d`7
day of
Recorder of Deeds
Recorder of Deeds, Cumberland County, Carlisle, PA
My Commission Expires the First Monday of Jan. 2018