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Home My WebLink About13-4191 Supreme Court -of � Pennsylvania Court2 Common Pleas * j / I " � � For Prothonotary Use Only: Civil;Covee. Sheet CUMBERLAND:' g "1 County Docket No: The information collected on this form. is used solely for court administration purposes. This forrn. does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. S Commencement of Action: ❑O Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff s Name: CITIMORTGAGE INC SB /M Lead Defendant's Name: SANDRA K. MILLER T ABN AMRO MORTGAGE GROUP INC. I Are money damages requested? El Yes 0 No Dollar Amount Requested: El within arbitration limits 0 (Check one) 0 outside arbitration limits N Is this a Class Action Suit? ❑ Yes 0 No Is this an MDJ Appeal? ❑ Yes ❑x No A Name of Plaintiff /Appellant's Attorney: Meredith Wooters, Esq., Id. No.307207, Phelan Hallinan, LLP ❑ Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies' ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not S include mass tort) ❑ Employment Dispute: ❑ Slander/Libel/ Defamation Discrimination E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T I MASS TORT ❑ Other: 0 ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES • Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS • Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration B ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/'Tenant Dispute ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto • Dental ❑ Partition ❑ Replevin • Legal ❑ Quiet Title ❑ Other: • Medical ❑ Other: ❑ Other Professional: Pa.R.C.P. 205.5 Updated 0110112011 i' I_. ..j - S F 1 " fit P-1 1 1 UEkii'ci 20 i 3 JwL 19 AM 10.3 2 CUMBERLAND COLI TY PENNSYLVANiA PHELAN HALLINAN, LLP Meredith Wooters, Esq., Id. No.307207 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215 -563 -7000 CITIMORTGAGE INC S /B/M ABN AMRO MORTGAGE GROUP INC. COURT OF COMMON PLEAS 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 CIVIL DIVISION Plaintiff TERM v. NO. 3 `' C;v , I SANDRA K. MILLER 173 JUMPER ROAD CUMBERLAND COUNTY NEWBURG, PA 17240 -9386 THE UNITED STATES OF AMERICA C/O THE UNTIED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 228 WALNUT STREET, SUITE 220, PO BOX 11754 HARRISBURG, PA 17108 -1754 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 324291 & � --t 13X7/S( 1. Plaintiff is CITIMORTGAGE INC S /B/M ABN AMRO MORTGAGE GROUP INC. 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 2. The name(s) and last known address(es) of the Defendant(s) are: SANDRA K. MILLER 173 JUMPER ROAD NEWBURG, PA 17240 -9386 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 228 WALNUT STREET, SUITE 220, PO BOX 11754 HARRISBURG, PA 17108 -1754 Who is /are the mortgagor(s), real owner(s) of the property hereinafter described, and /or required parties pursuant to 28 U.S.C. 2410. 3. On 04/10/2000 SANDRA K. MILLER made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF, which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Book 1605, Page 811.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2012 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified File #: 324291 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage as of 06/09/2013: Principal Balance $91,377.30 Interest $4,701.06 11/01/2012 through 06/09/2013 Late Charges $948.15 Escrow Deficit $247.00 TOTAL $97,273.51 7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) . against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. The United States of America is made a Defendant herein pursuant to 28 U.S.C. 2410, because of federal tax liens that have been filed with the Prothonotary of CUMBERLAND County in the Judgment Index Unit as follows: File #: 324291 (A). United States vs. SANDRA K. MILLER; CUMBERLAND Docket No. 2011 -171; Filed 01/10/2011; in the amount of $87,589.01 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $97,273.51, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLI NAN, LLP By: rm IAAtdfi�4� Meredith Wooters, Esq., Id. No.307207 Attorney for Plaintiff File #: 324291 LEGAL DESCRIPTION ALL THAT CERTAIN Lot of land together with improvements thereon, lying and being situate in Hopewell Township, Cumberland County, Pennsylvania, bound and described as follows: BEGINNING at a spike set in Township Route 358 (Fox Hill Road) at line of Parcel A on the hereinafter described draft of survey; thence along Parcel A, South 64 degrees 54 minutes 06 seconds East, 100 feet to a set iron pin; thence continuing along Parcel A, North 73 degrees 27 minutes 36 seconds East, 417.95 feet to a set permanent reference monument; thence continuing along Parcel A, South 71 degrees 14 minutes 14 seconds East, 470.78 feet to a set permanent reference monument; thence continuing along Parcel A, North 74 degrees 45 minutes 35 seconds East, 451.84 feet to an iron pin set at line of lands now or formerly of Melvin B. Leid; thence along lands now or formerly of Melvin B. Leid, South 30 degrees 30 minutes West, 1252.33 feet to an existing post at line of land now or formerly of Sondra K. Mellinger; thence along lands now or formerly of Sondra K. Mellinger and continuing along lands now or formerly of Gary R. Armstrong, North 82 degrees 28 minutes 42 seconds West, 192.40 feet to an existing spike in Township Route #360 (Jumper Road) at line of lands now or formerly of Thomas A. Riccoine; thence in said Township Route #360 and along lands now or formerly of Thomas A. Riccoine, North 44 degrees 16 minutes 01 second West, 118.77 feet to a set spike; thence along the same, North 25 degrees 21 minutes 10 seconds West, 126.27 feet to a set spike; thence continuing along the same and along lands now or formerly of Donald L. Hoffman, North 34 degrees 31 minutes 4 seconds West, 269.69 feet to a set spike; thence continuing along the same and along lands of William S. Herb and Ralph J. Mozingo, North 30 degrees 55 minutes 41 seconds West, 581.64 feet to a spike set in the centerline of Township Route #358 (Fox Hill Road) at line of land now or formerly of David R. Newell; thence in said road and along lands now or formerly of File #: 324291 David R. Newell by a curve to the right, and having a chord bearing, North 25 degrees 44 minutes 41 seconds East, a radius of 488.96 feet and a chord length 77.74 feet, 77.82 feet to a set spike•, thence along lands of the same by a curve to the right having a chord bearing, North 23 degrees 08 minutes 30 seconds East, a radius of 312.27 feet and a chord length of 21.32 feet, 21.33 feet to the place of BEGINNING. CONTAINING 19.3302 acres, more or less, according to the draft of survey of Thomas Michael Englerth, R.S., dated July 6, 1995 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 70, at Page 135 and being Parcel B thereon. BEING THE SAME PREMISES WHICH Daniel Courage and Karla Courage, by their deed to be recorded simultaneously herewith, in the office of the Recorder of Deeds of Cumberland County, granted and conveyed unto Sandra K. Miller. PROPERTY ADDRESS: 173 JUMPER ROAD, NEWBURG, PA 17240 -9386 PARCEL #11 -09 -0507 -035 File k 324291 VERIFICATION Nancy Shempert, hereby states that he /she is employed as a Vice President — Document Control of CITIMORTGAGE, INC., SB /M ABN AMRO MORTGAGE GROUP, INC., Plaintiff in this matter, and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Name: Nancy Sh mpert Title: Vice President — Document Control Date: / File #: 324291 Name: MILLER Attorney File No.: 324291 FORM 1 IN THE COURT OF COMMON PLEAS CITIMORTGAGE INC S /B /M ABN AMRO OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE GROUP INC. Plaintiff(s) VS. SANDRA K. MILLER THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE , MIDDLE DISTRICT OF PA L�I Defendants 13 — 11 Civil M NOTICE OF RESIDENTIAL MORTGAGE FORECLOA -- DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. = r If you own and live in the residential property which is the subject of this foreclosure action, you may bemble 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 financial 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: 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: CUSTOMER/11RIMARY APPLICANT Borrower name(s): Property Address: City: State: Zip: Is thg property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Assets Amount 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 Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Mone Da /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION I/We, authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) 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 Filet 324291 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson _ A 17- Sheriff '` L � j 01, J 1 ` Jody S Smith Chief Deputy '13 JUL 29 R1`1 ' Richard W Stewart Solicitor err b � CWBEIRLM'40 COU711JQ� Citimortgage Inc s/b/m ABN Amro Mortgage Group Inc. Case Number vs. Sandra K. Miller 2013-4191 SHERIFF'S RETURN OF SERVICE 07/23/2013 07:59 PM-Deputy Jason Kinsler, being duly sworn according#o law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Sandra K. Miller at 173 Jumper Road, Hopewell Township, Newburg, PA 1724400. JASON KINSLER, DEPUTY SHERIFF COST: $50.60 SO ANSWERS, edel July 24, 2013 RONW R ANDERSON, SHERIFF (c)CountySuite Sheriff,TeleosoR,Inc. AFFIDAVIT OF SERVICE(FHLMC) PLAINTIFF CUMBERLAND COUNTY CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE GROUP C" INC. PH#818049 . G DEFENDANT SERVICE TEAM/ales SANDRA K.MILLER COURT NO.:13-4191 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA © --? s SERVE THE UNITED STATES OF AMERICA C/O THE UNITED TYPE OF ACTION STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA AT: XX Mortgage Foreclosure CDC' MAIN JUSTICE BUILDING XX Civil Action 950 PENNSYLVANIA AVENUE,N.W. ' r WASHINGTON,DC 20530 —C ` SERVED Served and made known to THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA,Defendant on the L*tay of kuSi`;2011,at , O ,o clock&.M.,at 5ftrVl . AS ft6Z V in the manner described below: _Defendant personally served. Adult family member with whom Defendant(s)reside(s). Relationship is Adult in charge.of Defendant's residence who refused to give name or relationship. anager/Clerk of place of lodging in which Defendant(s)reside(s). s Agent or person in charge of Defendant's office or usual place of business. 5 7�"p > an officer of said Defendant's company. _Other: Description: Age Height 41J 4 Weight 1'30 Race Sex M Other I, ills �tL( ,�,a competent adult,being duly sworn according to law,depose and state that I personally handed a true and correct copy of the Foreclosure Complaint in the manner as set forth her m,gl4edin the captioned case on the date and at the address indicated above. VPZO Sworn to and subsc bed Q •o� /Y •. before me this day Z; o of c1 ,201j cc:0 E IF By: : d NOT SERVED • •.�F V�Q` •Q•J�� day r>J 20_,at o'clock_.M.,I, ,a c°o9a�••t'ex•• 'uf b�lr�ereby°state that Defendant OT FO D ecause: �P�IflitOe _Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) No Answer on at at Service Refused Other: Sworn to and subscribed before me this day of 20_. By: Notary: ATTORNEY FOR PLAINTIFF Chrisovalante P.Fliakos,Esq.,Id.No.94620 Lawrence T.Phelan,Esq.,Id.No.32227 Courtenay R.Dunn,Esq.,Id.No.206779 Francis S.Hallinan,Esq.,Id.No.62695 Allison F.Zuckerman,Esq.,Id.No.309519 Daniel G.Schmieg,Esq.,Id.No.62205 Melissa J.Cantwell,Esq.,Id.No.308912 Michele M.Bradford,Esq.,Id.No.69849 Mario J.Hanyon,Esq.,Id.No.203993 Judith T.Romano,Esq.,Id.No.58745 John M.Kolesnik,Esq.,Id.No.308877 Jenine R.Davey,Esq.,Id.No.87077 Matthew G.Brushwood,Esq.,Id.No.310592 Lauren R.Tabas,Esq.,Id.No.93337 Zachary J.Jones,Esq.,Id.No.310721 Jay B.Jones,Esq.,Id.No.86657 Justin F.Kobeski,Esq.,Id.No.200392 Andrew L.Spivack,Esq.,Id.No.84439 Adam Davis,Esq.,Id.No.203034 JOSEPH E.DEBARBERIE,Esq.,Id.No. 315421 r. . +-�t ..1 L F i i{Q i A 1'ti 't:. PHELAN HALLINAN, LLP "n7 - f, -° I I' 35 Joseph P. Schalk, Esq., Id. No. 91656 cu � ,;,LAND D c 0 u N T'' Attorney for Plaintiff 126 Locust Street V r`ENN S'YLVANIA Harrisburg, PA 17101 215-563-7000 CITIMORTGAGE, INC S/B/M ABN AMRO MORTGAGE GROUP INC. Court of Common Pleas 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 Civil Division Plaintiff No. 13-4191-CIVIL v. Cumberland County SANDRA K. MILLER 173 JUMPER ROAD NEWBURG, PA 17240-9386 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 228 WALNUT STREET, SUITE 220, PO BOX 11754 HARRISBURG, PA 17108-1754 Defendants MOTION TO LIFT CONCILIATION STAY Plaintiff, Citimortgage, Inc s/b/m ABN Amro Mortgage Group Inc. (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 July 19, 2013, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendant for her failure to make monthly payments of principal and interest upon their mortgage due December 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 August 12, 2013, Plaintiff completed service of the Complaint in Mortgage Foreclosure along with the Cumberland County Residential Mortgage Foreclosure Diversion 818049 Program Notice upon the Defendants. A true and correct copy of the Affidavit's 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 has to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty (60) days of service. 7. Since Defendant has 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 HA LINAN, LLP Date: fill /3 BY: 11.v_.? /fM Jose oh 1 . Scha , squire Att,rney for Plaintiff 818049 Exhibit "A" • • 4.0 rn C•••• tr rti rn Zi r— =c.) < x '71 Z C:11 r%) PHELAN HALLINAN,LLP Meredith Wooten,Esq.,Id,No.307207 1617 JFK Boulevard,Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 CITIMORTGAGE INC S/B/M ABN AMR() MORTGAGE GROUP INC. COURT OF COMMON PLEAS 1000 TECHNOLOGY DRIVE O'FALLON,MO 63368 CIVIL DIVISION Plaintiff TERM V. SANDRA K.MILLER 173 JUMPER ROAD CUMBERLAND COUNTY NEWBURG,PA 17240-9386 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA , Defendants CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE Oeliti/Ma 4 4. and tilk° UJOH eswki vaheo - Fact 324291 000 ani 0.:•• A O • • onsinat * NO1'10E You have been sued Cote e if you svish to defend against the diainni set Iorth in the following pages, you roust take at within isventy (20)days after this C.:ornpiaint and Notice are served by entering o, tierituTu appearanno personalty or by i:itnarney anti filing in writing skarn the Coin your di,-,fensrs or objotaions to he claims set forth againsl you. Yon are vvarioRl Min if on fail to do so, the case n7„ay priiieeed without you, and he torn nu ay bit enteiti•d tntut too by the C'our t. without.forthcr:notice for any money claimed in die Cord plaint or for any c*ther claim or idiot requested b the ph:Lint/ff. You may lose money or property OF other rights inaportaw to you, YOU SHOULD'HAIK.1i THIS. PAPER LU youp. LAWYER AT ONCE. II"' \(fl DO 1\i'iDT I LAVE 1..J‘WYER, O 1'0 OR TEL I1I OFFICE SET FORT1t BELOW THIS OFF3CF CAN PR( VITYE Yb)t') VVITil, INFORMATION ABOUT /TIRING A LAWYER IF YOU CANN()T AFFORD TO I II-RE f\ LAWYER, '11 IS OFFICE MAY 1111 ABITE 'TO PROVIDE, Y(..)1,.7WITIT IN/A1R MA FION Al3OLTI` AGENRTIES THAI' M A\ OEFER EEG At SERVICES 710 L iOlIIiJf PERSa,)NS AT A REDUCED PEE OR r'si.0 FEE, RETI'f..RR Al CUMBERLAND COUNTY BAR ASSOCIATION CUMBERI„AND COUNTY COI.JRTII0t ISE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717)249-3 I(6 (800)990-9108 I. Plaintiff UT M .IRTOAGE INC" i;`B!M ABN AMR() MORTGAGE E GROUP U'C. 1000 TECHNOLOGY DRIVE O FA.L1..,ON, MO 63368 ?. The name(s) and last known addresses} of the Defendant(s) are: SANDRA K..MIL.I_.ER 173 MMPER ROAD NEW13URG, PA 17240-9386 THE 1.INITE )STATES S OF WE RICA A Cl/0 THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OE PA 22li WALNU 1'STREET, SUITE 220,PO BOX 11754 FIARRISBURG, PA 17 It:18,..1754 who is/arc the a )xtg ger. real owner(s)of the property hereinafter .!cseribed, and/or roil irctI parties pursuant to 28 U.S.C. 2410. On 04/10/2000 SANDRA IC. NIIL JaR made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF, which mortgage is recorded in the Office of the Recorder of.I)eeds of CUMBERLAND County, ir7 Zook 1105 Page e 8I I.The mortgage and a ssignment(s), if any, are matters of public record amt are incorporated he-rein by reference in accordance with Pa.R.C.P. 1019(g)-, which Rule cl ie.:yes the PI i"Z.S b/igzlt1v„tik,itItti0,49,w1ki,144,1o,pleadnigs.if those. docino nts are of public rc cried 4 The prenttses subject to said mortgage is described as attached. S a71mortgage I 'The mortgage is in default because monthly payments of principal .311;:1 interest upon ,;<ticl mortgage due 12/01/2012 and each nu.)nth thereafter are-due and Li np a i d and by the terms of said mortgage, upon failure of Mortgagor i.:1 ;make sad' payments after .l den' :sl eci icc hy nri`,en uutiooxcncu/ Mmrtgitc, n, the ;mane principal balance arid all imernaJat. thereon are collectible [urthwiih, The:following amounts are due o" the mortgage ^muf8o/0V/Z0} 'i: Pducipal8ubnco $91377,90 interest $4.701.06 llx}7/2U]2 through O6/U0/Z0]3 Late Charges $948.15 Escrow Deficit $2.47.9) TOTAL $07,373.51 Plaintiff k not ,seeking a judgmem or riersolial inthility (or an In persontimpidgmenti against.the [efeodun4s) in the Action, however, Plaintiff reserves ho6ght to bring a separate Action to establish that ;ht, if such right exi.st , If Del er ant( has/have received a discharge of personal liability in u bankruptcy proceeding, this Action of Mortgage Foreclosure is no way an attempt to reestablish snoh personal liability discharged in hunkzu9tu?, but only to foreclose the mortgage, and sell the `nnc/gpgud promises pursuant to Pennsylvania Law Notice in'Intention mTorcc!osc as set forth in Act 6 of 1974. Notice o/Hoxo'`»ncr� EmorgcucyKJo/tgage Assistance Program pursuant tn Act 9i of 1083, as amended in 2008. uud/n/Nudoe of Default,uarequired by the mortgage document, as applicable, have h�mmnuu� *, �he1]e,,,,eOuuat;;)mn thwtil'ile0) forth thereon, and the tenpuracs stay as p^,vided by stud notice has terminated because Dr&:n4w^(x> huy8m;xfui|ed In n`uc' with the Plaintiff or uo authorized c000pmuercredit counseling wgoncy, orhux/huv, boor denied assistance by the Pennsylvania Riamuc Agency, 'Ile United Stales *[z\rocrieuis made u Defendant herein pursuant tu23L/.SC. 24\O. because of federal tax liens that have been Qod with the Proihonotary of Cp}ivi13BQ1,AND Coon/yin the.Judgment index Unit as (A), Joi ted States vs, S.ANDRA K. MILLER; CUMBERLAND Doke t No. 2011-171, Pi li OISI /2 Ii. n the amount of$87,589.01 WHEREFORE, Plaintiff cleammi,s m mlictp judgment against the 13efetitianttsi in the sum of $97,273,5 I, togethcf intoresr, ekits, fees tind charges collectible under the morice including but not liinite0 to itttorncy fees inci costs, and for the forecloure .1.11.1 sale o the mortgaged prop C tv PAL[„INAN, 1,1,P 1' W oo t rs, Esq., Ed, No 3072(17 Attorney for Plaintiff . •`~: ^^^~_ - _~-`.. .~ . - ._ _~~'�~~-~~--.~ ~� l.[GAl- U08CRIPTION /\l].T}fAT {mkTAIN Lot of land ugu[hur with inyrnvuouum lying. and krmgu.,,uu ju80pmwo|l [uorWcdoci County, Pcnns7|:uum, BEGINNING at a spike sot in Township Rattle 35$ (Fox Hill Road) at line ol Pared A on the hereinafter described draft of survey; thence along Parcel A, South 64 degrees 54 minutes 06 seconds East, l00 feet m a set iron pin: thence continuing along Parcel A, North'73 degrees 27 minutes 36 seconds East,4i7,95feet to •i set permanent reference monument; thence continuing along Parcel A, South 71 degrees 14 minutes 14 seconds East, 170,78 feet to a set nnaitcn reference monument; titer-ice continuing along Parcel A. North 74 degrees 45 minutes 25 seconds Euu� 451„84 feet to an iron pin set ot tine nf lands now or formerly of Melvin D. [4i:id; thence atom, lands now or formerly of Melvin D Leid, South 30 degrees 30 minutes West, 1252]3 feet to on cx Hi ing pust at tine of land now or formerly of Sondra K. Mellinger; thence along land', now or formerly of'Sondra K. Mellioiger and continuing along lands now or formerly of R, Armstrong, North 82, degrees 28 minutes 42 seconds West, 19240 feet to an existing spike in Township Route #360(Jumper Road) at line of lands now nr formerly or Thomas A. Rinxoioc thence in said Township Route#360 and along lands now or formerly of Thomas A. Riccoino. North 44dcguees 16 minutes Q\ xecowdYY*xt. lJ8,77 feet uousel !k�� rbunuou|uug /huuumc, North 25 degrees Z1 minutes 18 *cccmdo �Vr*�. 12b.27 feet toucot spike; /henwccontinuing along |he »umoxnd d'n�� \m^]x :ow or [nrnwJyo/Donald k Bn|Dnuu. Nool, n,inaieo 4 seconds 28V,(0 spike; d/oouc along U`c,, xao`c ^xd kuideu/Wi|ftmu 8«d` and R.a11)bL11o�ugo. ' !eic',,', $S riot " ' 581,b4 reu; U, a sine th/ motu/ or[ownahin 0.3• 8 (Fox QiU Road) m line 0.i landu now or 1oraeH 'Daviu 11, Newell. thence ioxmid rood and along lands ur tunnel iyo[ R. Newell by a curve to Inc riOn, and having a chord bearing Ncirih minutes 41 seconds Fast, a rilditis of 48 96 feet and a chord length :7774 feet, 77.82 leer to rt set spike;thence along lands of the same by a curse to the right having a chord bearing, North 23 degrees OS minutes 10 seconds Last, :I radius of 312.27 fact anti a chord length of 21.32 lec:t, 21,33 feet to the place c.,tf BEGINNING. coNTAlisi LNG 19,3„iii_r2 %con, iria '. e ' cording to the haft of sorycy at hornini Nilichatel F.44,6er1h, RiSi, da1cci July 6, 1,995 and recorded ía fl he ()free 1 the RecorOcr ot Deei-k ant for Cumber:and CortUity, Piffi!, b,,ok at and bt,ing b B BEING THE SAM[ tRE.MISES WHICH Daniel Courage and Karla Courage, by their deed to be recorded simultaneously herewith, in the oftice of the Recorder of Deeds of Curnherland County, granted and(.;onversied onto Sandra K, PROPERTY ,,‘,DD,R1NS.'„ ,173 JUMPER ROAD, NEN'Y:144...iikG, 1),‘ 17140.9386 'VA RC1A, #11-09-0,507-035 VERIFICATION .. ....... that heishe r ell400yed CJ O < INC., Siflifyl JVI3N (1:), 1\40RT(T).AGE GROt P INC„ tirJI in this- rna.ner, and is akithorize:f....1 to make this Verification, The statemcnts of:fact contained in the foregoing Civil Action in Mortgag(:, Foreelostire an: true and correct 10 the bes.t of my i..nfornlation and belit,f, uriderstan&I that this surtenlent fn::(.1e: ' h' ' I ri.ltics of 18 Pa, C.S. 4904 rdating to uilsw(irn falsification to •,,J.i.thorities. Name: Nilwy: sI Title: Yiieerresident - Doeumerlt Cmtroi >at Nailc; „LI.IT, ORM IN 'HIP COURT OF COliolt\tliMN P1 Pttti.ti. r-ATIMORT(dAi.ilt INC.ci/Bi'M es.PN i\N11,!.() i)1 -.L.NIHr.H1.AND CHUNI PitNNittY1 MORICiA(4 Gk( (4'' !Hc„.. SANDRA K 1\1111.1tik UNITI.A.)S xflS (9,ArslISPICA Cir)TOP UNTIED ST.ii\TES A`rtl..m1,;F)' f,tiR THI MIDDLE 1111,'IRICT OF'PA 1.X:tern-hi:Os CPT: N0'.11Ctil; OF RESIDENTIA1., MORTGAGE FORE12,'1,11SURE 1)1 VERSION PROGRAM You It 44a. '‘',U0 .103'enic,N,H;:-.; ttua ut.taltIciattat tiott 14 ttaaat yota Itt IL you avot add ' 1. tt ihta.tad,alundtd ittotiattry tatc 10, otl Htt 4 304.",k0anay, 4 u it ructicuada at, • ,..uncilaw,ttut Loaftuotatuu.W at i'1111,11.1 atta, Walt vtua,;No, If you dM htai 4 ou tunfit take tilt. railowing strips nit Litgt I'fOr tY00Cia.011 Y‘YOn'U %t. ltt 0'" U'US0 YOU 0.1"Ht yomact NitJPotat, taaat :•tua'sotats;ttt 7.:.) 441 (2.0) dotit: Ott• 1z/".:111,11,111E1W;•F11 4 111.C1W1.111.11. 1 ,,11011 .1[1,0 1111iS1,1)11:11, 1:1 .,11 W11'/111,,,,11111111,1,:. 11:.111/W1W1.11111W1:11/11flf,ow:aww in(T;),Sai pctpattott 00 ).:0.0"Ku.' It NO"1 Y4 yiO4 0 .0"..1:1Y4,0a0O0.0"4:..0.,0:00,Y1, 0,.;:01E40.1 ree0tY"CHi'a0V0 win v.aR 3t . a.tat 41):,•-11 431 cAl u, i 11W f ;;L:',:;.n' tut dat attattaloorc cautatiatua. rt,,tut tio s‘tt•tdta, a t.taattlitton tt,;,..nadtdtl,tttatut tat:ukIt vatth a ottatottattatuat,u you, 04.01,0 aa at ttdati.a tto aoral•-.out laaaututitld tot 4,14411 t.t„tid,yo,a tadict burtatta I ' .4 'tattoo-tuo t,tutt, taut ttututat. atatJ,.:ati If an m't represented hy u le twyer,yoh and your kovyur 111i1.1.11t tokr tini following si tips titligititti for id conciliation(ton ('Loot'' 40111:111W,.11ry tor you tat ttoninot H idPonn I ri4t1l Send:to tit: IIt'appointment ot iottt..1 ritproreitiate ilt 'v';.you moo pit/vide yoili itovytty viol, ratquesied firtanmal faaçatatota ot: no ti titati I' 'pa von' ityriodi Ii 1014 lal tat' ctotrtiatcdt..,11)11a1W1111. ,Nork nit., hereto, 333 31 W1111, 11,1 Th11 Lilo feu Com inatioti Lb lata }4 5 ho("our:,yloori maty ttrio 4111%' 4301 601 da,,Y, vier ..pc a you the `soittelomiro, ptatur 1r tote do tot tool o ,20,;0000,0:' you.will have an opportunity to illettf.W4h reprLukentativetioLiyaerylatatiterilitirkatterittptitoi work out tefitsunable argurrienot with your lender before the nttartgaitc foreclostire utt proueed1 fOrward. IF YOU WISH TO SAVE YOUR 11(31\1E,YOU MUST Al T()Lac:ELY ANIL'1 AKL SIII S'I'FFS }(KQI III THIS Nt LTIC.E„ THIS PROGRANI IS FREE. ;0■0 10u;i11 r HiI4 01 1,1u-11vri,, )Iti 4 utv Uidc N'144r1,2agfk 1,11'.4..:i.`11•,,,..(11't. 13a1;.: ( ft,[ I':)R I 1,\ , :1,, • (11S'11)N11,.14/P12.1N1A1{N' 1J(irc.:>. 1.;tat , Zit): Y,- I StiftV. (V it;111 11 h4,1.„,.k.2i,, (!()-iti)itli(iNVER , S1;zft. ft I. lrVu t)t~ ple, ;o 11(..)‘.k` . 1- 11 ft I ,t - Is the loiin in Bankruptcy? Yes If yes, provide names,location of court,r.tise,number & attorney: Amount,.Owed: Value: }lame' Other Real Estate: . . Retirement Funds: Investments: (.11e,cking: Setv]tigin Other, ApIpmobile#ii Model: Amount owed.. .6,1itotriobilsLI2.: ?Vlodel: Amount owed: Other,transportation(automoblei;„boats,piotorcy,s,iic§,); Model: Year: Amount owed. Yak:, Monthly Income Natne of Employers: Motohly Gross Monthly Net Moutldy Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): rrtombly amount: 2. monthly amount: Ben ovver Pay Diry:i: Co-Borrower Pay Days (Piciase only include capue s you tire currently pat n :) I EXPENSE AMOUNT I EXPENSE ,$,MOUNI ' Mori nage. rood Mortgage Utilities Cu'Payment(s) L'onnoti,to ,ugh, Oees Auio liur,ance N'hin pop fttibiti 44,,,child , I ()I-1'cl Atunitm Avid .. fkv Monlhly Based F iLve von bderi workilla ill a Housing Counsebny: Ageac$, ! II yes. pie.a.s.c• providc followNq; Coon. hog (....!ok31m:31o1: Moue rice) Have you trade appli,::..t.oJn for Horneown,ons I.'.rnexgeney Mongage assi 9tanee Yes El No El 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 IT] No Ell If yes, please indicate the status of those nely,()tintions: Please provide the following information, it known, regarding your lender and lender's loot ..;&z/111,arly: Lender C,,mltact f,INI a Me a Pht):-3, (Nanie), Cfc.)iitact: Phone alvii..-1-17.e the al3,-,ve.Tviroe.(1 u8efrefer aL ioloyinJuon to the olr purpese of e.valuaLini,f, financial situation lw possible mortgage options, 1/We understand that liwe atiii,no,under no ohligamai to use the counseling ser OVuleci t,y EtR' atom fe S a;ore Date Please fora ard this document along is Lb the fulliPxtrig intorri)atit)11 to lender and lender's rotulsel: 1. Proof of income 2. Past 2 hank statements 3. Proof of any expected incorae Inc the lost 45 days 4. Copy of a current utility bill Better explaining reason for detiritntertcy and any supporting docuirientati()11 (hardship letter) fistinr, .tiv.-cvnit11( I»o pvf rVitil.) Oki ti“' Markel • Lxhibit "B" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff or oi cipubtp, 4 (*Nr Jody S Smith (.9 Chief Deputy Richard W Stewart Solicitor OFFICE OF•SE SSP:WC Cltimortgage Inc s/b/m ABN Amro Mortgage Group Inc. Cue Number vs. Sandra K Miller 2013-4191 SHERIFF'S RETURN OF SERVICE 07/23/2013 07:59 PM-Deputy Jason KInsler,being duly sworn according to law,served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint In Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the Defendant,to wit: Sandra K. Miller at 173 Jumper Road, Hopewell Township, Newburg, PA 17240. SON KINSLER, DEPUTY SHERIFF COST:$50,60 SO ANSWERS, X9F July 24,2013 RON R ANDERSON, SHERIFF (c)CoanyS,01 St int Taimosolt Int AFFIDAva 01'SERVICE(MEMO PLAINTIFF CUMBERLAND COUNTY CITIN1ORTGA GE INC SIB/M ABN AM110 mcgaGA GE GROUP INC, PH it 818049 DEFENDANT SERVICE TEAM!alo SANDRA K.MILLER COURT NO,:13-4191 THE UNITED STATES OF AMERICA C/O THE UNITED STATES A TroRNrY FOR THE MIDDLE DISTRICT OF PA SERVE THE UNITED STATES(H'AMERICA C/O THE UNITED TYPE OF ACisiON STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA AT: XX Mortgage Foreclosure MAIN JUSTICE BUILDING XX Civil Action 950 PENNSYLVANIA AVENUE,N.W. WASHINGTON,DC 20530 SERVED Served and made knoum to :1:f1E UNITED sTATEs OF AMERICA C/0111E 11.Nf l'ED DIE MIDDIT-P151:1'4C1J74 .I) taut on the,./..2.44Jav of if‘,.1:01‘,Ye-4,20 /3,at in the,ITIa{lTiCi describoci blw Defendant persaindly lervad. Adult family member with whom Defendact(s)reside(s) Relationship is Adult in chatge of Defendant's residence who refused to give name or relationship. !VanageriCierk of place of lodging in which Defendant(s) or peJson in chuge of Defendants or usual place of busines,3, TEPFt,s, tO AA .! ) an officer of said Defendant's com.pany, Othur. De.scriptiom Age Height Wt:ight 1S0 Race isA °M . 1, ;.L cornpvtent adult. being Out"sworn.L.CCOrdint2 m sss,tkpose sod syJ!.t.,: that I pason:Oly hind a Lend correct copy cd Ow phitn in caNioned do r,0 the date and at the address indicated aboe. . , “.)and bk.tibre • _..as.QLON,201 • b h j I NOT SERVED On'tlkt.-:• it :kr al oclook NI., , n 4rns.'tenu 'dolt betel w ac dust. Vac2a Doo Not Fiw NM:50 INr NQ1 No Answer at Servicf:.Refn,ced Omer. Sw,.,ni to alld 5131:scvs bed before rue this shiv of 211 By. Notary A3L12.1,f IJNrI,IY FOR PLAINTIFF ''uo ,O., s. F 171.takos,iso pt,No.94620 1.--twrence T.Phelan,1 sq id.No.37227 (...00nesw,R.Donn,Es q,ld.No,206779 Francis S.Haninan,Esq.,13.No,62695 Z.IrAormul,Esq.,Id.No 3693 19 Daniel CI Schinieg,Esq.,Et No 6220.5 Melissa I Cam:well,Esq.,Id No,308012 Michele M,Bradterd,Esq„id.No,69849 Mei fo I.Ibuyolt,Ego_10.NO.203993 Judith T.Romano,Esq.,10.No 58745 John M Noksnih, Id No '306977 Jeuine F Davey,Esq..Id.No.87077 1\1:00:ew Bco..hwood &.(1 It NO.3.10592, Lauren R.Tains,Esq.,RI No,933.37 Zaohary J.tones,Esq.,Id No. .110721 Jay B.Jones,F:sq.,Id.No,16657 KOUCLi,Bfq,,Id No 200392 Andrew Spivack,Esq,.id No 14439 idaTn T):0;j!, :0 No '203034 ,j0:610111 DI,BARBERIE,hu./, j.54 PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff 126 Locust Street Harrisburg, PA 17101 215-563-7000 CITIMORTGAGE, INC S/B/M ABN AMRO MORTGAGE GROUP INC. Court of Common Pleas 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 Civil Division Plaintiff No. 13-4191-CIVIL v. Cumberland County SANDRA K. MILLER 173 JUMPER ROAD NEWBURG, PA 17240-9386 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 228 WALNUT STREET, SUITE 220, PO BOX 11754 HARRISBURG, PA 17108-1754 Defendants CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiffs Motion to Lift Conciliation Stay and proposed Order were sent via first class mail to the person listed below on the date indicated: SANDRA K. MILLER 173 JUMPER ROAD NEWBURG, PA 17240-9386 Date: tl l 1,3 By: 'L' , A / t- �, h � Scha k, Esquire Atto ey for Plaintiff 818049 .. _._......_._.... ... _ _ _ _ _ g IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC S/B/M ABN AMR() MORTGAGE GROUP INC. Court of Common Pleas 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 Civil Division Plaintiff No. 13-4191-CIVIL v. Cumberland County SANDRA K. MILLER 173 JUMPER ROAD NEWBURG, PA 17240-9386 c) r THE UNITED STATES OF AMERICA C/O THE rrico 74,E = -.1 UNITED STATES ATTORNEY FOR THE MIDDLE c:n� .. . rT, DISTRICT OF PA -t `,..r c--;1-' 228 WALNUT STREET, SUITE 220, PO BOX 11754 �c.i ;`r HARRISBURG, PA 17108-1754 = '-' Defendants 4 „ ORDER AND NOW, this Ix• day of /44yh,.4,4/ , 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 T COURT: //cL / 44 J. c c : ndra K. Miller Joseph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff e ,'mss fr&6Ld 818049 " Ail z in r #r O-OFFICE 1"T TH P OTHONOTARr PHELAN HALLINAN, LLP 70#3 DEC 19 AM 1 1' 29 Attorney for Plaintiff Jonathan Lobb, Esq., Id. No.312174 CUMBERLAND COUNTY 1617 JFK Boulevard, Suite 1400 PENNSYLVANIA One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb @ph elanhallinan.com 215-563-7000 CITIMORTGAGE INC S/B/M ABN CUMBERLAND COUNTY AMRO MORTGAGE GROUP INC. COURT OF COMMON PLEAS VS. CIVIL DIVISION SANDRA K. MILLER THE UNITED STATES OF AMERICA No. 13-4191 C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA 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 SANDRA K.MILLER, Defendant 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 $97,273.51 TOTAL $97,273.51 I hereby certify that (1) the Defendant's last known address is 173 JUMPER ROAD, NEWBURG,PA 17240-9386, and (2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date athan Lobb, Esq., Id. No.312174 Attorney fo lainti E ARE HEREBY ASSESSED AS INDICATED. �A DAMAGES DATE: Px#818049 PROTHONOTARY 0m4 is/&. 818049 Cam• � 3�Ss�� PHELAN HALLINAN,LLP Attorney for Plaintiff Jonathan Lobb,Esq.,Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Jonathan.Lobb @ phelanhallinarq.com 215-563-7000 CITIMORTGAGE INC SB/M ABN CUMBERLAND COUNTY AMRO MORTGAGE GROUP INC. COURT OF COMMON PLEAS VS. CIVIL DIVISION SANDRA K. MILLER THE UNITED STATES OF AMERICA : No. 13-4191 C/O THE UNITED STATES ATTORNEY : FOR THE MIDDLE DISTRICT OF PA 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 is 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 SANDRA K. MILLER is over 18 years of age and resides at 173 JUMPER ROAD, NEWBURG, PA 17240-9386. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date Z Phgfdn Hallinan,LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia,PA 19103 215-563-7000 818049 Department of Defense Manpower Data Center Results as of Dec-16-2013 SCRA RA 3.0 3 0 Status Report Pursuant to Serviceinembers Civil Relief Act Last Name: MILLER First Name: SANDRA Middle Name: K Active Duty Status As Of: Dec-16-2013 On Active Duty On Active Duty Status Date Active Duty Start Date> Active.Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty Status Date Left:Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Data Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty • � � � Upon searching the data banks of the Department of Defense Manpower Data'Ceiiter;'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. Pit • .r"A�_ Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 (Rule of Civil Procedure No. 236) - Revised CITIMORTGAGE INC SB/M ABN CUMBERLAND COUNTY AMRO MORTGAGE GROUP INC. COURT OF COMMON PLEAS VS. SANDRA K. MILLER CIVIL DIVISION THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY No. 13-4191 FOR THE MIDDLE DISTRICT OF PA Notice is given that a Judgment in the above captioned matter has been entered against you on By: If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Jonathan Lobb,Esq., Id. No.312174 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 ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. 818049 CITIMORTGAGE INC SB/M ABN AMRO COURT OF COMMON PLEAS MORTGAGE GROUP INC. CIVIL DIVISION Plaintiff V. NO. 13-4191 SANDRA K.MILLER THE UNITED STATES OF AMERICA C/O THE CUMBERLAND COUNTY .. UNITED`STATFS ATTORNEY FOR THE MIDDLE DIS'T'RICT OF PA Defendant(s) TO: SANDRA K.MILLER 173 JUMPER ROAD NEWBURG,PA 17240-9386 DATE OF NOTICE: 1,& 1 13 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 HAVF,A LAWYER, GO TO'OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE' CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: , �� Chrisovalante P.Fliakos,Esq.,Id.No.94620 Attorney for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#818049 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE GROUP INC. • COURT OF COMMON PLEAS Plaintiff • CIVIL DIVISION v. • • NO.: 13-4191 SANDRA K.MILLER Defendant(s) • • CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due $97,273.51 Interest from 12/20/2013 to Date of Sale $2,670.33 ($15.99 per diem) TOTAL $99,943.84 Ph,A allinan,LLP J. n Michael Kolesnik,Esq.,Id.No.308877 ttorney for Plaintiff Note: Please attach description of property. PH#818049 s ,SC)--ea CL'tLt (y)3A- —e LI a'a/ s ,as , 3 (4 ySS goCe95 11 T5Tved WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-4191 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE INC S/B/M ABN AMR() MORTGAGE GROUP INC. Plaintiff(s) From SANDRA K. MILLER (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: $97,273.51 L.L.: $.50 Interest FROM 12/20/13 TO DATE OF SALE($15.99 PER DIEM)-$2,670.33 Atty's Comm: Due Prothy: $2.25 Atty Paid:$199.35 Other Costs: Plaintiff Paid: Date: 1/27/14 *- CLA2 1 /; David D. Buell, Prothonota (Seal) .1 i / Deputy REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK,ESQUIRE Address: PHELAN HALLINAN,LLP 1617 JFK BLVD,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No.308877 LEGAL DESCRIPTION ALL THAT CERTAIN Lot of land together with improvements thereon,lying and being situate in Hopewell Township,Cumberland County,Pennsylvania,bound and described as follows: BEGINNING at a spike set in Township Route 358 (Fox Hill Road)at line of Parcel A on the hereinafter described draft of survey;thence along Parcel A,South 64 degrees 54 minutes 06 seconds East, 100 feet to a set iron pin;thence continuing along Parcel A,North 73 degrees 27 minutes 36 seconds East,417.95 feet to a set permanent reference monument;thence continuing along Parcel A,South 71 degrees 14 minutes 14 seconds East,470.78 feet to a set permanent reference monument;thence continuing along Parcel A, North 74 degrees 45 minutes 35 seconds East,451.84 feet to an iron pin set at line of lands now or formerly of Melvin B.Leid;thence along lands now or formerly of Melvin B.Leid,South 30 degrees 30 minutes West, 1252.33 feet to an existing post at line of land now or formerly of Sondra K.Mellinger; thence along lands now or formerly of Sondra K.Mellinger and continuing along lands now or formerly of Gary R.Armstrong, North 82 degrees 28 minutes 42 seconds West, 192.40 feet to an existing spike in Township Route#360 (Jumper Road)at line of lands now or formerly of Thomas A.Riccoine;thence in said Township Route#360 and along lands now or formerly of Thomas A.Riccoine,North 44 degrees 16 minutes 01 second.West, 118.77 feet to a set spike;thence along the same,North 25 degrees 21 minutes 10 seconds West, 126.27 feet to a set spike;thence continuing along the same and along lands now or formerly of Donald L. Hoffman, North 34 degrees 31 minutes 4 seconds West,269.69 feet to a set spike;thence continuing along the same and along lands of William S. Herb and Ralph J.Mozingo,North 30 degrees 55 minutes 41 seconds West, 581.64 feet to a spike set in the centerline of Township Route#358(Fox Hill Road) at line of land now or formerly of David R.Newell;thence in said road and along lands now or formerly of David R.Newell by a curve to the right,and having a chord bearing,North 25 degrees 44 minutes 41 seconds East,a radius of 488.96 feet and a chord length 77.74 feet,77.82 feet to a set spike;thence along lands of the same by a curve to the right having a chord bearing,North 23 degrees 08 minutes 30 seconds East,a radius of 312.27 feet and a chord length of 21.32 feet,21.33 feet to the place of BEGINNING. CONTAINING 19.3302 acres, more or less,according to the draft of survey of Thomas Michael Englerth, R.S.,dated July 6, 1995 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 70, at Page 135 and being Parcel B thereon.. TITLE TO SAID PREMISES IS VESTED IN Sandra K. Miller, single woman, by Deed from Daniel Courage and Karla Courage, h/w, dated 04/10/2000, recorded 04/12/2000 in Book 219,Page 143. PREMISES BEING: 173 JUMPER ROAD,NEWBURG,PA 17240-9386 PARCEL NO. 11-09-0507-035 • • PHELAN HALLINAN, LLP ri r r ' Attorneys for Plaintiff John Michael Kolesnik, Esq., Id. No.308877 ` � ';IQNG ItA 1617 JFK Boulevard, Suite 2014 As 2 One Penn Center Plaza Philadelphia, PA 19103 CUM8Et�LApD COUNTY John.Kolesnik @phelanhallinan.com P SYLVANIA 215-563-7000 CITIMORTGAGE INC SB/M ABN AMR() MORTGAGE GROUP : COURT OF COMMON PLEAS INC. Plaintiff • CIVIL DIVISION v. : NO.: 13-4191 SANDRA K. MILLER Defendant(s) : CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) 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: Ph a IIinan,LLP n Michael Kolesnik,Esq.,Id.No.308877 Attorney for Plaintiff CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE GROUP INC. • COURT OF COMMON PLEAS Plaintiff t • yr CIVIL DIVISION v. NO.: 13-4191 SANDRA K.MILLER Defendant(s) CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 CITIMORTGAGE INC S/B/M ABN AMRO MORTGAGE GROUP INC.,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 173 JUMPER ROAD,NEWBURG,PA 17240-9386. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained,please so indicate) SANDRA K.MILLER 173 JUMPER ROAD,NEWBURG,PA 17240-9386 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) SANDRA K.MILLER 173 JUMPER ROAD NEWBURG,PA 17240-9386 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) PENNSYLVANIA STATE EMPLOYEES CREDIT 1 CREDIT UNION PLACE UNION HARRISBURG,PA 17110 CUMBERLAND VALLEY COOPERATIVE 908 MOUNT ROCK ROAD P.O.BOX 350 [") r■, SHIPPENSBURG,PA 17257 -' " - -c'- BUREAU OF COMPLIANCE DEPARTMENT 280948 zr3: HARRISBURG,PA 17128-0948 ..., COMMONWEALTH OF PA DEPT.OF REVENUE P.O.BOX 280946 r--2: BUREAU OF COMPLIANCE HARRISBURG,PA 17128-0946 'C C.3 z� 4. Name and address of last recorded holder of every mortgage of record: T y Name Address(if address cannot be reasonably ascertained,please indicate) - None. PH# 81-8049 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) INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE U.S.ATTORNEY FEDERAL BUILDING,PO BOX 11754 FOR THE MIDDLE DISTRICT OF PA 228 WALNUT STREET HARRISBURG,PA 17108 U.S.TREASURY DEPARTMENT(PITTSBURGH 100 LIBERTY AVENUE OFFICE ROOM 808) PITTSBURGH,PA 15222-9974 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 173 JUMPER ROAD NEWBURG,PA 17240-9386 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES INHERITANCE DEPT 280601 TAX DIVISION HARRISBURG,PA 17128 DEPARTMENT OF PUBLIC WELFARE,TPL P.O.BOX 8486 CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG,PA 17105 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 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. 4904 relating to unsworn falsification to authorities. Date:( / V// By: [! P -allinan,LLP `. n Michael Kolesnik,Esq.,Id.No.308877 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH# 818049 CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE : COURT OF COMMON PLEAS UROUP INC. : CIVIL DIVISION Plaintiff : : NO.: 13-4191 vs. SANDRA K. MILLER : CUMBERLAND CQUNMY Defendant(s) : rte - ? r-- NOTICE OF SHERIFF'S SALE OF REAL PROPERTY � ._ <° u' TO: SANDRA K. MILLER m O 173 JUMPER ROAD A --_t; NEWBURG, PA 17240-9386 -{ C **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 173 JUMPER ROAD,NEWBURG,PA 17240-9386 is scheduled to be sold at the Sheriff's Sale on 06/04/2014 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$97,273.51 obtained by CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE GROUP INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the 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. . You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 f � SHORT DESCRIPTION By virtue of a Writ of Execution No. 13-4191 CITIMORTGAGE INC S/B/M ABN AMR() MORTGAGE GROUP INC. v. SANDRA K. MILLER owner(s) of property situate in the HOPEWELL TOWNSHIP, CUMBERLAND County, Pennsylvania, being 173 JUMPER ROAD, NEWBURG, PA 17240-9386 Parcel No. 11-09-0507-035 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $97,273.51 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN Lot of land together with improvements thereon,lying and being situate in Hopewell Township,Cumberland County,Pennsylvania,bound and described as follows: BEGINNING at a spike set in Township Route 358 (Fox Hill Road)at line of Parcel A on the hereinafter described draft of survey;thence along Parcel A,South 64 degrees 54 minutes 06 seconds East, 100 feet to a set iron pin;thence continuing along Parcel A,North 73 degrees 27 minutes 36 seconds East,417.95 feet to a set permanent reference monument;thence continuing along Parcel A,South 71 degrees 14 minutes 14 seconds East,470.78 feet to a set permanent reference monument;thence continuing along Parcel A,North 74 degrees 45 minutes 35 seconds East,451.84 feet to an iron pin set at line of lands now or formerly of Melvin B.Leid;thence along lands now or formerly of Melvin B.Leid,South 30 degrees 30 minutes West, 1252.33 feet to an existing post at line of land now or formerly of Sondra K.Mellinger;thence along lands now or formerly of Sondra K.Mellinger and continuing along lands now or formerly of Gary R.Armstrong, North 82 degrees 28 minutes 42 seconds West, 192.40 feet to an existing spike in Township Route#360 (Jumper Road)at line of lands now or formerly of Thomas A.Riccoine;thence in said Township Route#360 and along lands now or formerly of Thomas A.Riccoine,North 44 degrees 16 minutes 01 second West, 118.77 feet to a set spike;thence along the same,North 25 degrees 21 minutes 10 seconds West, 126.27 feet to a set spike;thence continuing along the same and along lands now or formerly of Donald L. Hoffman, North 34 degrees 31 minutes 4 seconds West,269.69 feet to a set spike;thence continuing along the same and along lands of William S.Herb and Ralph J.Mozingo,North 30 degrees 55 minutes 41 seconds West, 581.64 feet to a spike set in the centerline of Township Route#358(Fox Hill Road) at line of land now or formerly of David R.Newell;thence in said road and along lands now or formerly of David R.Newell by a curve to the right,and having a chord bearing,North 25 degrees 44 minutes 41 seconds East,a radius of 488.96 feet and a chord length 77.74 feet,77.82 feet to a set spike;thence along lands of the same by a curve to the right having a chord bearing,North 23 degrees 08 minutes 30 seconds East,a radius of 312.27 feet and a chord length of 21.32 feet,21.33 feet to the place of BEGINNING. CONTAINING 19.3302 acres,more or less,according to the draft of survey of Thomas Michael Englerth, R.S.,dated July 6, 1995 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Plan Book 70, at Page 135 and being Parcel B thereon.. TITLE TO SAID PREMISES IS VESTED IN Sandra K. Miller, single woman, by Deed from Daniel Courage and Karla Courage, h/w, dated 04/10/2000, recorded 04/12/2000 in Book 219,Page 143. PREMISES BEING: 173 JUMPER ROAD,NEWBURG,PA 17240-9386 PARCEL NO. 11-09-0507-035 AFFIDAVIT OF SERVICE (FHLMC) PLAINTIFF CUMBERLAND COUNTY CITIMORTGAGE INC S/B/M ABN AMRO MORTGAGE GROUP INC. DEFENDANT SANDRA K. MILLER COURT NO.: 13 -4191 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA PH # 818049 SERVICE TEAM/ lxh SERVE SANDRA K. MILLER AT: 173 JUMPER ROAD NEWBURG, PA 17240 -9386 TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: June 4, 2014 SERVED efved and made known to SANDRA K. MILLER, Defendant on the �? day of ? - 'f' L0 1‘1, at o'clock, A. M., at (J 3 7AMrli1- t?-0/k0 , in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name 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: r5 ♦ �Q� *i T Description: Age Height S Z Weight __ _ Race �% Sex T Other I, P'N tip' , 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: i-/ 61 y NAME:' 1�1C� PRINTED NAME: A r TITLE: fiWteli S. grikeYZ NOT SERVED On the day of , 20 , at o'clock . M., I, , a competent adult hereby state that a endant NOT FOUND because: _ Vacant Does Not Exist Moved _ Does Not Reside (Not Vacant) — No Answer on at , at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ,ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Fax 215-568-7616 KIM ZIELINSKI Legal Assistant, 1328 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 ;LED—O,'F ICS: O THE PROTHONOTARY 2014 MAY 19 Ake IC: ,8 CUMBERLAND COUNTY PENNSYLVANIA Representing Lenders in Pennsylvania No.: 13-4191 Re: CITIMORTGAGE INC SB/M ABN AMRO MORTGAGE GROUP INC. VS. SANDRA K. MILLER No.: 13-4191 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 Dear Sir/Madam: Enclosed please find an Affidavit of Service Pursuant to Rule 3129.2 with the necessary attachments regarding the above matter. Thank you for your assistance in this matter. Should you have any questions, please do not hesitate to contact me. ***Please be advised that in the event the Plaintiff is not represented at the sale the sale is to be stayed or postponed.*** **Property is listed for the 06/04/2014 Sheriff Sale.** 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. cc: Sheriff of CUMBERLAND County PH # 818049 By: Very truly yours, Phelan Hallinan, LLP KIM ZIELINSKI, Legal Assistant PHELAN HALLINAN, LLP 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 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE INC S/B/M ABN AMRO CUMBERLAND COUNTY MORTGAGE GROUP INC. Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION SANDRA K. MILLER No.: 13-4191 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". Date: Sit/1(T 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. AdamTI. Davis, Esq., Id. No.203034 Attorney for Plaintiff PH # 818049 Citimortgage Inc s/b/m Abn Amro Mortgage Group Inc. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. NO.: 13-4191 Sandra K. Miller Defendant(s) • CUMBERLAND COUNTY AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Citimortgage Inc s/b/m Abn Amro Mortgage Group Inc., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 173 Jumper Road, Newburg, PA 17240-9386. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Sandra K. Miller 173 Jumper Road, Newburg, PA 17240-9386 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) Sandra K. Miller 173 Jumper Road Newburg, PA 17240-9386 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) Pennsylvania State Employees Credit Union 1 Credit Union Place Harrisburg, PA 17110 Cumberland Valley Cooperative 908 Mount Rock Road P.O. Box 350 Shippensburg, PA 17257 Bureau Of Compliance Department 280948 Harrisburg, PA 17128-0948 Commonwealth of PA Dept. of Revenue Bureau P.O. Box 280946 of Compliance Harrisburg, PA 17128-0946 Citimortgage Inc. Midland Funding LLC 1000 Technology Drive O'fallon, MO 63368 P.O. Box 939019 San Diego, CA 92123 Midland Funding LLC CIO Arthur Lashin, Hayt, Hayt & Landau, LLC Esquire 123 S Broad st Ste 1660 Philadelphia, PA 19109 Midland Funding, LLC 8875 Aero Drive, Suite 200 San Diego, CA 92123 PH # 818049 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) Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 U.S. Department of Justice U.S. Attorney for The Federal Building, PO Box 11754 Middle District of PA 228 Walnut Street Harrisburg, PA 17108 U. S. Treasury Department (pittsburgh Office 100 Liberty Avenue Room 808) Pittsburgh, PA 15222-9974 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 173 Jumper Road Newburg, PA 17240-9386 Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division Department of Public Welfare, TPL Casualty Unit, Estate Recovery Program 6th Floor, Strawberry Sq. Dept 280601 Harrisburg, PA 17128 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle, PA 17013 Commonwealth of Pennsylvania P.O. Box 2675 Department of Welfare Harrisburg, PA 17105 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. §/4/904 relating to unsworn falsification to authorities. C. Date: �/%lm / / 7 By:3). 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 # 818049 11 Name and Address Of Sender 117Phelan Han, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 AZK/KAZ - Line Article Number Name of Addressee, Street, and Post Office Address Postage 1 **** Midland Funding LLC P.O. Box 939019 San Diego, CA 92123 S0.47 2 **** Midland Funding LLC C/O Arthur Lashin, Esquire HAYT, HAYT & LANDAU, LLC 123 S BROAD ST STE 1660 PHILADELPHIA, PA. 19109 S0.47 3 **** Midland Funding, LLC,80.47 8875 AERO DRIVE, SUIT200 SAN DIEGO, CA 92123 RE: SANDRA K. MILLER (CUMBERLAND) PH # 818049/1026 Page 1 of 1 45 Day 51.41 Total Number of Picea Lined by Sender Total Number ofPimes Ra Lived ■ Pent Of&a Postmaev. Per (Name of Reeeiviag Employee) The full decimation of vise is required co all decade and international registered mail Tic ma tathe mxtnsmwioa of aonaegodable documents soda Express Mail demean rewe1.101e000 b Pisasubjaa taalila ofSS00,000 pa oomeseaes. The maximum indemnity payable at Expess The ml iiaua indemnity pays is $25.000 fcetipaet,d mail, sent with optional miasma. So R900 S913 and S921 fee limitations of covesme. orm 3877 Facsimile PH # 81.8049 Name and Address Of Sender Phelan Hallinan, LLP 1617 IFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103_____ AZK/KRK - 06/04/2014 SALE Line Article Number Name of Addtes,ee, Sfreet, arrd Post Office Address Postage II� G7 t2 `� o m 1.4 0,0i ' y�Jrr�,. 1 ' .' — TENANT/OCCUPANT 173 JUMPER ROAD NEWBURG, PA 17240-9386 80.45 2 **•* BUREAU OF COMPLIANCE DEPARTMENT 280948 HARRISBURG, PA 17128.0948 50.45 3 •**• COMMONWEALTH OF PA DEPT. OF REVENUE BUREAU OF COMPLIANCE P.O. BOX 280946 HARRISBURG, PA 17128.0946 50.45 4 •*•* COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TARES INHERITANCE TAX DIVISION 6TH FLOOR, STRAWBERRY SQ. DEPT 280601 HARRISBURG, PA 17128 30:45 CUMBERLAND VALLEY COOPERATIVE 908 MOUNT ROCK ROAD P.O. BOX 350 SHIPPENSBURG, PA 17257 50.45 S. s(j titin.y 6 ••** DEPARTMENT OF PUBLIC WELFARE, TPL CASUALTY UNIT, ESTATE RECOVERY PROGRAM P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105 80.43 A� r ,Uu 7 •*•• INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PI77'SBURGH,PA 15222 3445 N.f b 701 8 ••** PENNSYLVANIA STATE EMPLOYEES CREDIT UNION 1 CREDIT UNION PLACE HARRISBURG, PA 17110 50.45 9 U. S. TREASURY DEPARTMENT (PITTSBURGH OFFICE ROOM 808) 100 LIBERTY AVENUE PITTSBURG . PA 1S2224914 30.45 10 **** DOMESTIC RELATIONS OF CUMBERLAND COUNTY 13 NORTH HANOVER STREET CARLISLE, PA 17013 50,45 11 **** COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. BOX 2675 HARRISBURG, PA 17I05 50.45 12 •••• U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 2.28 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG PA 17108-1754 30.45. Total Number Pieces Listed of by Sender Total Number of Pieces Re eived at Post. Office Postmaster, Per (Name of Receiving Employee) The full declaration of value is required: on all domestic and international registered mail. The maximum indemnity payable for the nectmstrucuon of notmegotiabIe'documents under Express Mail document reconstruction insurance is 550,000 per piece subject to a limit of 8500,000 per occurrence. The maximum indemnity payable on Express Mail 'merchandise is 8500. The maximum indemnity payable is 525,000 for registered mall, sent with optional insurance. See Domestic Mail Manual R900 S913 and S921 for limitations of coverage. rnt 3877 Fttcsimlle CITIMORTGAGE INC S/B/M ABN, : IN THE COURT OF COMMON PLEAS AMR() MORTGAGE GROUP INC : CUMBERLAND COUNTY, PENNSYLVANIA � rs 70 a vs. : No.: 13-4191 r:. cn r N 2 D N C? , C Q • -rj -H CM > AND NOW comes the Movant, Sandra K. Miller, by and through her attorneys;. SANDRA K. MILLER, Movant/Defendant CIVIL ACTION — LAW MOTION FOR STAY SHERIFF'S SALE Scaringi and Scaringi, P.C., and moves the Court as follows: 1. Movant is Sandra K. Miller, an individual residing at 173 Jumper Road, Newburg, Cumberland County, Pennsylvania. 2. Movant is the owner of the subject property, 173 Jumper Road, Newburg, Cumberland County, Pennsylvania (hereinafter referred to as "subject property"). 3. Respondent is Citimortgage Inc, the mortgage -creditor of said real property. 4. Citimortgage has a mortgage note against the property in the approximate amount of $97,273.51. 5. A mortgage foreclosure action was commenced in the above -captioned matter on July 22, 2013. 6. The subject property is currently scheduled for a Sheriff Sale on June 4, 2014. 7. The movant entered into a listing agreement with Keller Williams of Central PA. 8. Since the listing, there have been several showings of the property, with at least one potential buyer requesting a second showing of the property. 9. Pa.R.C.P., Rule 3183(b)(2) allows a sheriff sale to be stayed for any other legal or equitable grounds. 10. The subject property currently has a listed market value of $299,900. 11. Aside from the mortgage note, there is a federal tax lien recorded against the property in the approximate amount of $87589.01. 12. There is approximately $115,037.48 of equity in the subject property. 13. If the subject property was sold at a sheriff's sale, the movant would lose $115,037.48 of equity in the property. 14. This Court has authority to stay execution proceedings, if doing so does not impair the substantive rights of the secured creditor. Sinking Fund Commissioners of Philadelphia v. Philadelphia, 324 Pa. 129, 188 A. 314 (1936); Foster v. Rubenstein, 383 Pa. 236, 118 A.2d 195 (1955). 15. A balancing of the equities in this matter favors the Petitioner, in that Petitioner will almost certainly suffer a significant loss of her equity in the property; while Respondent will be no more than inconvenienced by a delay in the sale of the property, in which likely and relatively soon event the Respondent would realize the full value of the debt secured by the property. 16. Further, to the extent that Respondent could lose monetary interest as a result of a delay in the sheriff's sale, the Petitioner could be required to post a bond in the estimated amount of interest at issue. 17. Movant has contacted Respondent, through Respondent's Counsel, and Respondent's Counsel does not have the authority to concur with this Motion. 1 WHEREFORE, Movant respectfully requests this Honorable Court to stay the Sheriff Sale scheduled for June 6, 2014 Respectfully submitted, Keith E. Kendall, Esq. Attorney I.D. No. 42910 Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 657-7770 Attorneys for Defendant/Movant keith@scaringilaw.com 3 CERTIFICATE OF SERVICE I, Keith E. Kendall, Esq., attorney for the Defendant, Sandra K. Miller, hereby certify that I have this date served Plaintiffs Emergency Motion to Stay upon the attorney for Plaintiff, by causing a true and correct copy thereof to e-mailed, faxed and mailed by First Class U.S. Mail, postage prepaid, to the following person, at the following address: Date: s!'44"l' `T Meredith Wooters, Esq. Phelan, Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 i--F/____- Keith E. Kendall, Esq. Attorney for Defendant VERIFICATION I, Sandra K. Miller, verify that the statements herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: andra K. Miller, Defendant CITIMORTGAGE INC S/B/M ABN, : IN THE COURT OF COMMON PLEAS AMRO MORTGAGE GROUP INC : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No.: 13-4191 SANDRA K. MILLER, Movant/Defendant CIVIL ACTION — LAW PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as attorney in the above -captioned action for the Defendant, Sandra K. Miller, per her request. Date: 2014 Respec K ith K. Kendall, Esq. Scaringi & Scaringi, P.C. Attorney ID #42910 2000 Linglestown Road, Ste 106 Harrisburg, PA 17110 1.• CITIMORTGAGE INC S/B/M ABN, : IN THE COURT OF COMMON PLEAS AMRO MORTGAGE GROUP INC : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No.: 13-4191 SANDRA K. MILLER, Movant/Defendant : CIVIL ACTION — LAW CERTIFICATE OF SERVICE AND NOW, this 22day of May, 2014, I, Mary Snyder, Law Clerk, do hereby state that I served a true and correct copy of the foregoing document upon the following individual in the manner indicated. FIRST CLASS UNITED STATES MAIL, POSTAGE PRE -PAID Meredith Wooters, Esquire Phelan Hallinan, LLP 1617 JFK Blvd, Ste 1400 One Penn Center Plaza Philadelphia, PA 19103 CITIMORTGAGE INC S/B/M ABN, : IN THE COURT OF COMMON PLEAS AMRO MORTGAGE GROUP INC : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No.: 13-4191 SANDRA K. MILLER, Movant/Defendant CIVIL ACTION — LAW ORDER AND NOW, this A51 -A day of May, 2014, upon Motion of the above -captioned Defendant, Sandra K. Miller ("Defendant"), the grant of the requested Stay is deferred, pending a hearing on Defendant's Emergency Motion, to be held , 2104, at 3j 0) o'clock / .M., in Courtroom No. I , Cumberland County Courthouse, Carlisle, PA. 17013. BY THE COURT: xejAm y_matikt E . ACpp Uxtylct)kowo ota Sbora 43R —Arl‘kte " 1Ut1 Astva 5\e I409 , ,0t,2 ..0 (fAr4e.Jr Cop, e s fiat rP\QA •'�c LQ p acat. v tto CITIMORTGAGE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION — LAW : NO. 2013-4191 CIVIL SANDRA K. MILLER, Defendant IN RE: MOTION TO STAY SHERIFF'S SALE ORDER AND NOW, this 3=" day of June, 2014, at the request of counsel for the parties, the hearing in the above matter set for June 2, 2014, is continued to Thursday, July 31, 2014, at 11:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. XTroy Sellars, Esquire 126 Locust Street Harrisburg, PA 17101 For the Plaintiff Keith E. Kendall, Esquire 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 For the Defendant :r1m BY THE COURT, Kevin Hess, P. 44 C: vrq CIJ cc) r-- • i� / 11 > T".1 W rn rn err f•!f PRO TheNo c 10/y 1'4t CUM 26 4� pF�NS�N D COUNT , VA N/A PHELAN HALLINAN, LLP Attorney for Plaintiff Lauren R. Tabas, Esq., Id. No.93337 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Lauren.Tabas@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CITIMORTGAGE INC S/B/M ABN AMRO MORTGAGE GROUP INC. Plaintiff, V. CIVIL DIVISION SANDRA K. MILLER No.: 13-4191 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendant(s) NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriffs Sale Sale scheduled for 06/04/2014 at 10:00 AM in the above-captioned matter has been continued until 08/06/2014 at 10:0YaenR. Date: � � Tabas, Esq., Id. No.933y for Plaintiff PH#818049 R0 T rOItiQT�;�, 2C 4 JUN 26 4110 30 LU� SYNUUNTYE�Nt�qNIA PHELAN HALLINAN, LLP Attorney for Plaintiff Lauren R. Tabas, Esq., Id. No.93337 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Lauren.Tabas@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CITIMORTGAGE INC S/B/M ABN AMRO MORTGAGE GROUP INC. Plaintiff, V. CIVIL DIVISION SANDRA K. MILLER No.: 13-4191 THE UNITED STATES OF AMERICA C/O THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendant(s) CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Notice of the Date of Continued Sheriffs Sale Sale and Certificate of Filing were served by regular mail on the person(s) on the date listed below: SANDRA K. MILLER 173 JUMPER ROAD NEWBUR , PA 17240-9386 Date: � 5 &Lren R7Tabas, sq., Id. No.93337 Attorney for Plaintiff PH#818049 IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC., S/B/M ABN, CIVIL NO. 13-4191 AMRO MORTGAGE GROUP, INC., Plaintiff vs. SANDRA K. MILLER, CIVIL ACTION — LAW Defendant Mortgage Foreclosure ORDER AND NOW, this / .n day of August, 2014, following a hearing on Defendant Sandra K. Miller's Motion for Stay of Execution, the requested relief is GRANTED. The Sheriff Sale scheduled August 6, 2014 is hereby postponed to January 7, 2015. No further advertising or additional notice to lienholders will be required of the Plaintiff. The postponement shall be announced to the assembled bidders at the August 6th Sheriff Sale. In the event the Defendant secures a signed sales agreement prior to January 7, 2015, Defendant may seek an additional postponement. In the event Defendant does not procure a signed sales agreement, any further postponements will be at the discretion of the Plaintiff. BY THE COURT: Kevin •. Hess, P.J. es /rtaia. !44-I/ J. S'�6Lk A-4/ IC. 4.tactillt 8N/y F IL. .tJ -ui` i" It,E Or THE PROTHONOTARY 2014 AUG 15 AS 10: 17 CUMBERLAND N COUNTY PHELAN HALLINAN, LLP Michael Dingerdissen, Esq., Id. No.317124 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Michael.Dingerdissen@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Attorney for Plaintiff CITIMORTGAGE INC S/B/M ABN AMR() MORTGAGE . GROUP INC. : CIVIL DIVISION Plaintiff : No.: 13-4191 v. SANDRA K. MILLER THE UNITED STATES OF AMERICA CIO THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendant(s) NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriffs Sale scheduled for 08/06/2014 at 10:00 AM in the above -captioned matter has been continued until 01/07/2015 at 10:00 AM. Date: V`f/tcf 97) Michael Dingerdissen, Esq., Id. No.317124 Attorney for Plaintiff PH # 818049 PHELAN HALLINAN, LLP Michael Dingerdissen, Esq., Id. No.317124 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Michael.Dingerdissen@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Attorney for Plaintiff CITIMORTGAGE INC SB/M ABN AMR() MORTGAGE : GROUP INC. : CIVIL DIVISION Plaintiff v. : No.: 13-4191 SANDRA K. MILLER THE UNITED STATES OF AMERICA CIO THE UNITED STATES ATTORNEY FOR THE MIDDLE DISTRICT OF PA Defendant(s) CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Notice of the Date of Continued Sheriffs Sale and Certificate of Filing were served by regular mail on the person(s) on the date listed below: SANDRA K. MILLER C/O KEITH E. KENDALL 2000 LIVINGSTON ROAD, SUITE 106 HARRISBUR , PA 17110 Date. /! PH # 818049 Michael Dingerdissen, Esq., Id. No.317124 Attorney for Plaintiff