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HomeMy WebLinkAbout14-1219 Supreme Court Pennsylvania /. ] el� /.a 1 Courx ff Co iw i pleas .. 4 >, For Prothonotary Use Only: Civil ' Sheet Cl EAN�`' t C ou nty Docket No: The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules o court. S Commencement of Action: D Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: BANK OF AMERICA, NA Lead Defendant's Name: DALE L. GLOTFELTER, JR T I Are money damages requested? ❑Yes 0 No Dollar Amount Requested: El within arbitration limits U (Check one) 9 outside arbitration limits N Is this a Class Action Suit? ❑ Yes FX1 No Is this an MDJ Appeal? ❑ Yes 0 No Name of Plaintiff /Appellant's Attorney: Jonathan Lobb, Esq., Id. No.312174, Phelan Hallinan, LLP A ❑ Check here if you have no attorney (are a Self- Represented {Pro Se} Litigant) i 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: E ❑ Slander/Libel/ Defamation Discrimination ❑ 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 FORM 1 c S YLVCO P � PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215 -563 -7000 BANK OF AMERICA, NA 7105 CORPORATE DRIVE COURT OF COMMON PLEAS PLANO, TX 75024 Plaintiff CIVIL DIVISION V. TERM DALE L. GLOTFELTER, JR NO 883 WALNUT STREET LEMOYNE, PA 17043 -1556 CUMBERLAND COUNTY SANDRA S. GLOTFELTER 883 WALNUT STREET LEMOYNE, PA 17043 -1556 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 941987 r�. 3oa 3 39 1. Plaintiff is BANK OF AMERICA, NA 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: DALE L. GLOTFELTER, JR 883 WALNUT STREET LEMOYNE, PA 17043 -1556 SANDRA S. GLOTFELTER 883 WALNUT STREET LEMOYNE, PA 17043 -1556 who is /are the mortgagor(s) and/or real owner(s) of the property hereinafter described: 3. On 02/20/2002 DALE L. GLOTFELTER, JR and SANDRA S. GLOTFELTER made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR AMERICA'S WHOLESALE LENDER, which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1752, Page 569. By Assignment of Mortgage recorded 11/05/2013 the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Assignment of Mortgage Instrument No. 201335900.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. File #: 941987 4. BANK OF AMERICA, NA, directly or through an agent, has possession of the promissory note. The promissory note is either made payable to BANK OF AMERICA, NA or has been duly endorsed. 5. The premises subject to said mortgage is described as attached. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2013 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage as of 02/05/2014: Principal Balance $86,144.63 Interest $2,916.08 08/01/2013 through 02/05/2014 Late Charges $164.88 Property Inspections $45.00 Property Preservation $771.85 Escrow Advances 475.51 TOTAL $90,517.95 8. 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. 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 File #: 941987 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. 10. The mortgage premises are vacant and abandoned WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $90,517.95, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN, LLP By: Jona Lobb, Esq., Id. No.312174 Attorney for Plaintiff File #: 941987 LEGAL DESCRIPTION TRACT #1 ALL THAT CERTAIN lot ground situate in the Borough of Lemoyne, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING. at an 'X' in concrete at the point of intersection of the line of the northern edge of Walnut Street and the line of the eastern edge of Ninth Street; thence North 15 degrees 30 minutes West by the eastern line of a ten (10.00) foot alley, a distance of ninety (90.00) feet to an 'X' in concrete; thence North 74 degrees 30 minutes East for a distance of fifty (50) feet to a stake; thence South 15 degrees 30 minutes East by the western line of Lot No. 90 on the hereinafter mentioned Plan of Lots for a distance of ninety (90) feet to a stake on the northern line of Walnut Street; thence South 74 degrees 30 minutes West by the northern line of Walnut Street for a distance of fifty (50.00) feet to the point and place of BEGINNING. BEING the southern ninety (90.00) feet of Lot No: 91 on the Revised Plan of Washington Heights as recorded in Plan Book 1, Page 42. HAVING thereon erected a two story frame dwelling house known as 883 Walnut Street. TRACT #2 ALL THAT CERTAIN lot of land situate in the Borough of Lemoyne, County of Cumberland and State of Pennsylvania, bounded and described as follows: File #: 941987 BEGINNING at a point on the Eastern line of a ten (10) foot alley at the Northern line of property of Grantees, said point being ninety (90) feet North of the Northerly line of Walnut Street; thence Northwardly along said alley twelve (12) feet, more or less, to the Southern line of property of Clarence E. Spong and Grace R. Spong; thence by the latter land Eastwardly at right angles to said alley, fifty (50) feet to a point; thence Souhwardly along the Western line of Lot No. 90 on the Plan of Washington Heights, twelve (12) feet, more or less, to a point at line of land of Grantees; thence by the latter line Westwardly fifty (50) feet to the place of BEGINNING. BEING the same premises which David R. Rhoads and Mary E. Rhoads, his wife, by Deed dated 04/28/83 and recorded 05/05/83 in Cumberland County Record Book E -30, Page 115, granted and conveyed unto Dale L. Glotfelter, Jr. and Sandra S. Glotfelter, husband and wife, in fee. Parcel No: 12 -21- 0267 -105 PROPERTY ADDRESS: 883 WALNUT STREET, LEMOYNE, PA 17043 -1556 PARCEL #12 -21- 0267 -105. File #: 941987 VERIFICATION /)►� 7 , hereby states that he s�h is A. - .�! f o fBANK OF AMERICA, N.A., Plaintiff in this matter, that he/ (9 is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of hi er 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. DATE: c2w L G Name: Urv� BANK OF AMERICA, N.A. File #: 941987 Name: GLOTFELTER File #: 941987 IN THE COURT OF COMMON PLEAS BANK OF AMERICA, NA OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs) VS. DALE L. GLOTFELTER, JR SANDRA S. GLOTFELTER jq� Defendants) 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 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 = _.. J athan Lobb, Esq., Id. No.312l7 m Attorney for Plaintiff CD C Cn r C- �t ' 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: APPLICANT CUSTOM ER/PRI MARY 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: Zi p: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? CO-BORROWER Mailing Address: City: State: Zip Phone Numbers: Home: Office: Cell: Other: Email:. # of people in household: 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: I • Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): I • 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 Mortga e 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 Money Da /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes [:1 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 F] 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 fo followin rth m the g 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 the Court your defenses or objections to the claims set forth against g writing with g st you. You are warned that if You fail to do so, the case may proceed without you, and a judgment may be entered by the Cour without further notice for any money claimed in against you the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property o P y r other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OF YOU DO FILE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HI IF YOU CANNOT AFFORD TO HIRE A LA RING A LAWYER, LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT LEGAL SERVICES TO ELIGIBLE PERSONS AT A MAY OFFER 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 #: 941987 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY � �,� ��cp°�N37�`�� � �-H ,V° n0\1`pR —2 .M 14: 13 ~���a�^ �D�OU��Y w=/«amrps��m� �U��W� ~~'^' —/[��@\� -- - p����Y�`'"`'` Bank ofAmerica N.A. vs. Dale L Glotfelter, Jr. (et al.) Case Number 2014-1219 SHERIFF'S RETURN OF SERVICE 03/04/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Dale L Gloffelter, Jr., but was unable to locate the Defendant in his bailiwick, The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 883 Walnut Street, Lemoyne Borough, Lemoyne, PA 17043. Residence is vacant. 0304/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Dale L Glotfelter, Jr., but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according to Iaw. 03/04/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Sandar S Glotfelter, but was unable to Iocate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 883 Walnut Street, Lemoyne Borough, Lemoyne, PA 17043. Residence is vacant. 03/04/2014 04:13 PM - Deputy Dawn Kell, 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: Sandar SQ|otfe|torat811 Brian Drive, Apt. 101, East Pennsboro, Enola, PA 17025. co u ,14 vaL DAWN KELL, DEPUTY 03/102014 The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure served by the Sheriff of Dauphin County upon Dale L Glotfelter, Jr., personally, at POE: Hoffman Ford, 5200 Jonestown Road, Harrisburg, PA 17112. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $88.03 SO ANSWERS, March 18, 2014 RON R ANDERSON, SHERIFF ffsf) CountyStrife Sheriff, 'release-ft, inc. Shelley. Ruhl Real Estate Deputy Matthew L. Owens Solicitor Commonwealth of Pennsylvania County of Dauphin Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy BANK OF AMERICA, NA VS DALE L. GLOTFELTER, JR Sheriffs Return No. 2014-T-0746 OTHER COUNTY NO. 2014-1219 And now: MARCH 11, 2014 at 9:10:00 AM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon DALE L. GLOTFELTER, JR by personally handing to DALE L. GLOTFELTER, JR 1 true attested copy of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at POE: HOFFMAN FORD, 5200 JONESTOWN ROAD HARRISBURG PA 17112 Sworn and subscribed to before me this 12TH day of March, 2014 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County My Commission Expires January 8, 2018 So Answers, By Deputy Sheriff Deputy: W CONWAY Sheriffs Costs: $49.25 3/7/2014 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 E.10- OFFICF OF THEIP O t ONO TA F .f. 20!', SEP 19 AM (0: 08 CUMBERLAND COUNTY PENNS YLVANIA Attorney For Plaintiff BANK OF AMERICA, NA Plaintiff v. DALE L. GLOTFELTER, JR SANDRA S. GLOTFELTER Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 14 -1219 -CIVIL PRAECIPE TO THE PROTHONOTARY: ❑ Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. ® Please mark the above referenced case Settled, Discontinued and Ended. ❑ Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. ❑ Please mark the in rem judgment Satisfied and the action Discontinued and Ended. n Please Vacate the Judgment entered. Date: PH # 941987 PHELAN HA AN, LLP By: Courtenay R. Dunn, Esq., Id. No.206779 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff BANK OF AMERICA, NA Plaintiff v. DALE L. GLOTFELTER, JR SANDRA S. GLOTFELTER Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 14 -1219 -CIVIL CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: DALE L. GLOTFELTER, JR SANDRA S. GLOTFELTER 883 WALNUT STREET LEMOYNE, PA 17043-1556 Date: PHELAN HALLINA LLP By: Courtenay R. Dunn, Esq., Id. N 206779 Attorney for Plaintiff JP MORGAN CHASE BANK, N.A., SIB/M TO BANK ONE, NA. Plaintiff vs. THOMAS A. HOOPER, JR., MARY E. MOERSCHBACHER, a/k/a E. MARY HOOPER, Defendants vs. THE UNITED STATES OF AMERICA c/o THE UNITED • STATES ATTORNEY FOR THE : MIDDLE DISTRICT OF PA : IN THE COURT OF COMMON PLEAS OF ,: CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION — LAW : NO. 14-1600 CIVIL : MORTGAGE FORECLOSURE ORDER AND NOW, this 1 1 day of September, 2014, on agreement of counsel for the parties, conciliation conference herein is continued until Friday, October 17, 2014, at 3:30 p.m. BY THE COURT, iffiz<'eph Schalk, Esquire Phelan Hallinan, LLP 126 Locust Street Harrisburg, PA 17101 For the Plaintiff Mark K. Emery, Esquire 410 North Second Street Harrisburg, PA 17101 For the Defendants United States of America c/o U.S. Attorney for the Middle District of PA P. O. Box 11754 Harrisburg, PA 17108-1754 frL,1 9 /97/y Kevin Hess, P.J.