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HomeMy WebLinkAbout14-2089 Supreme Court of Pennsylvania ) A Courf�ot C.ommonr, Pleas ' t N . : a �k For Prothonotary Use Only: C'!vi1 C &eef Sheet r a C U BE1tL`AN�' County Docket No: The information collected on this form is used solely for court administration purposes. This form does not supp lement or replace the filing and service ofpleadings or other papers as req uired by law or rules of court. S Commencement of Action: Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiffs Name: CITIMORTGAGE, INC. Lead Defendant's Name: FREDERICK H. GARDNER, JR T I Are money damages requested. El Yes E9 No Dollar Amount Requested: El within arbitration limits O (Check one) ❑D outside arbitration limits N Is this a Class Action Suit? ❑ Yes Z No Is this an MDJ Appeal? ❑ Yes No A Name of Plaintiff/Appellant's Attorney: John D. Krohn, Esq., Id. No.312244, 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: O ❑ 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 Z 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 01/01/2011 A t i p o r ' r PHELAN HALLINAN, LLP John D. Krohn, Esq., Id. No.312244 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 john.krohn aphelanhallinan.com 215 -563 -7000 CITIMORTGAG.E, .INC. 1000 TECHNOLOGY DRIVE COURT OF COMMON PLEAS OTALLON, MO 63368 CIVIL DIVISION Plaintiff V. TERM FREDERICK H. GAR.DNER, JR NO. 1 , v `� �9 V t 140 EAST CHAPEL AVENUE CARLISLE, PA 17013 -3435 CUMBERLAND COUNTY Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE oz File #: 943554 / %) C�# I�lo�1Sy 96 LA l 3L-I 11 • 1. Plaintiff is CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 2. The name(s) and last known address(es) of the Defendant(s) are: FREDERICK H. GARDNER, JR 140 EAST CHAPEL AVENUE CARLISLE, PA 17013 -3435 who is /are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/01/2007 FREDERICK H. GARDNER, JR made, executed and delivered a mortgage upon. the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR WILMINGTON FINANCE, INC., which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No. 200731019. By Assignment of Mortgage recorded 10/14/2013 the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Assignment of Mortgage Instrument No. 201.333623.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 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 Filck 943554 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 03/04/2014: Principal Balance $90 Interest 08/01/2013 through 03/04/2014 $4,415.42 Accumulated Late Charge Balance $233.66 TOTAL $95,122.76 7. Plaintiff is not seeking a judgment of personal liability (or an. in persona m 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. File 4: 943554 i WHEREFORE, Plaintiff demands an in rein judgment against the Defendant(s) in the sum of $95,122.76, 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: John D. ohn, Esq., Id. No.312244 Attorney .or Plaintiff File #: 943554 LEGAL DESCRIPTION ALL THAT CERTAIN lot with the improvements, thereon situate in the Second Ward of the Borough of Carlisle, Cumberland County, Pennsylvania bounded and described as follows: BEG.I.NNING at a point on the southern dedicated right -of -way line of East Chapel Avenue on the line of Lot No. 3 on the hereinafter mentioned Plan of Lots; thence along the latter, South 06 degrees, 15 minutes West, a distance of 115.56 feet to a point on the line of Lot No. l.5 on said Plan; thence along the latter and Lot No. 16 on said Plan, South 83 Degrees 33 minutes 30 seconds East, a distance of 24.00 foot to a point on the line of Lot No. 5 on said Plan; thence along the .latter, North 06 Degrees, 15 minutes East, a distance of 115.64 feet to a point on the southern dedicated right -of -way line of East Chapel Avenue; thence along the latter, North 83 degrees 45 minutes 00 seconds West, a distance of 24.00 feet to a point, the place of BEGINNING. CONTAINING 2,774 square feet according to a Subdivision Plan for Robert Noll. Inc., by Stephen G. Fisher, R.S., dated January 18, 1979 and recorded in the office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book 35, Page 31 and .Being designated as Lot NO. 4 therein. Being improved with a townhouse dwelling known as 140 East Chapel Avenue, Carlisle, Pennsylvania. BEING Parcel NO. 03 -21- 0320 -106C PROPERTY ADDRESS: 140 EAST CHAPEL AVENUE, CARLISLE, PA 17013 -3435 PARCEL #03 -21- 0320 -106C File #: 943554 VERIFICATION __ ALqndy Evans , hereby states that he /she is Vice President — Document Control of, CITIMORTGAGE, INC., Plaintiff in this matter and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. AFFIANT: By: Print: Brandy Evans Title: Vice President — Document Control employed by CitiMortgage, Inc. Plaintiff. CITIMORTGAGE, INC. Date: Z,� , 20 tq File #: 943554 Name: GARDNER NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249 -3166 (800) 990 -9108 File #: 943554 FORM 1 IN THE COURT OF COMMON PLEAS CITIMORTGAGE, INC. OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. FREDERICK H. GARDNER, JR v / Dom, Defendants) Civil �, > •,,-� . NOTICE OF RESIDENTIAL MORTGAGE FORECLOSU c? DIVERSION PROGRAM �7 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 Mid'enn 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 represaatative 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 tomeet 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 John John, Esq., Id. No.312244 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: CUSTOM ER/I: MARY APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: -- Zip : Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? Mailing Address: City: State: Zip Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Assets Amount 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 nd 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 , Misting agreement (if property is currently on the market) Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY !' SLED -OF" F 10E THE PRO i H0N3 i r`` OFFICE OF THE •S'HERIFF 2T14 MAY -8 PM 2: 544 CUMBERLAND COUNTY PENNSYLVANIA Citimortgage Inc vs. Frederick H Gardner, Jr Case Number 2014-2089 SHERIFF'S RETURN OF SERVICE 04/30/2014 02:13 PM - Deputy Noah Cline, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Chadrick Magee, roommate, who accepted as "Adult Person in Charge" for Frederick H Gardner, Jr at 140 East Chapel Avenue, Carlisle Borough, Carlisle, PA 17013. NOAH CLINE, DEPUTY SHERIFF COST: $34.78 SO ANSWERS, May 01, 2014 ic) CountySuite Sheriff, Teleosoft. Inc. RONNY R ANDERSON, SHERIFF �-TF1X0.0.rfCc L'1HON'JTAf Y 2 0/4 J1,11 _3 Pfri 02 PENNSYLVA vCOUNTY PHELAN HALLINAN, LLP Joseph P. Schalk, Esquire, Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 7365 CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 Plaintiff v. FREDERICK H. GARDNER, JR 140 EAST CHAPEL AVENUE CARLISLE, PA 17013-3435 Defendant Attorney for Plaintiff Court of Common Pleas Civil Division No. 14 -2089 -CIVIL Cumberland County MOTION TO LIFT CONCILIATION STAY Plaintiff, Citimortgage, 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 April 8, 2014, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendants for their failure to make monthly payments of principal and interest upon their mortgage due September 1, 2013, 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 April 30, 2014, Plaintiff completed service of the Complaint in Mortgage 943554 Foreclosure along with the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice upon the Defendants. A true and correct copy of the Sheriff's Return 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 failed 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. 943554 WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic stay be lifted. Date: 11 i (2-j.i BY: 943554 Respectfully submitted, PHELAN HALLINAN, LLP halk, Esquire ey for Plaintiff PHELAN HALLINAN, LLP John D. Krohn, Esq., Id. No.312244 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@pholanhallinan.com 215-563-7000 CMMORTGAGE, INC. 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 Plaintiff FREDERICK H. GARDNER, JR 140 EAST CHAPEL AVENUE CARLISLE, PA 17013-3435 File #: 943554 Defendant J THE PROT T ONO TA i\ 10114 APR -8 All 1G: 22 UIQ YLVAI T Y ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM / NO. , k CUMBERLAND COUNTY CIVIL ACTION - LAW. COMPLAINT IN MORTGAGE FORECLOSURE AT TORNt't NILE, COPY IV i S E C T I 0 N A S E C- T 0 N CouWM Comt'ii i Pleas . .� Coven Sheet G1IIIiTAN r County For Prothonotary Use Only: , Docket No; The information collected on this form is used solely for court administration purposes. This form does not :sflp1)le )lenient orIT dace the f llri and service .71eadit or atFiet fpala tis as )7 Pirgd / y law or (`tiles n j'com 1. Commencement of Action: 0 Complaint ❑ Writ of Summons 0 Petition ❑ Transfer from Another Jurisdiction 0 Declaration of Taking Lead Plaintiffs Name: CITIMORTGAGE, INC. Lead Defendant's Name: FREDERICK H. GARDNER, JR i TORT (do not include Mass Tort) ❑ Intentional ❑ Malicious Prosecution ❑ Motor Vehicle ❑ Nuisance❑'Dept. ❑ Premises Liability 0 Product Liability (does not include mass tort) ❑ Slander/LibeU Defamation ❑ Other: Dollar Amount Requested: ❑ within arbitration limits Are money damages requested? ■ Yes f2 No (Check one) II outside arbitration limits 0 Zoning Board 0 Other: Is this a Class Action Suit? ■ Yes © No Is this an MDJ Appeal? ❑ Yes CI No 0 Other: Name of Plaintiff/Appellant's Attorney: John D. Krohn, Esq., Id. No.312244, Phelan Hallinan, LLP (arc a Self -Represented [Pro Se] Litigant). ■ Check here if you have no attorney - Nature o_ f the Case: Place an "X" to the left of the ONE case category that most accurately describes your CASE. If you are making more than one type of claim, check the one that most importhnt. PRIMARY you consider i TORT (do not include Mass Tort) ❑ Intentional ❑ Malicious Prosecution ❑ Motor Vehicle ❑ Nuisance❑'Dept. ❑ Premises Liability 0 Product Liability (does not include mass tort) ❑ Slander/LibeU Defamation ❑ Other: CONTRACT (do not include Judgments) 0 Buyer Plaintiff 0 Debt Collection: Credit Card 0 Debt Collection: Other CIVIL APPEALS Administrative Agencies ❑ Board of Assessment 0 Board of Elections of Transportation 0 Statutory Appeal: Other 0 Employment Dispute: Discrimination 0 Employment Dispute: Other 0 Zoning Board 0 Other: 0 Other: MASS TORT ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant ❑ Toxic Waste ❑ Other: - REAL PROPERTY 0 Ejectment . ❑ Eminent Domain/Condemnation 0 Ground Rent 0 Landlord/Tenant Dispute El Mortgage Foreclosure: Residential MISCELLANEOUS 0 Common Law/Statutory Arbitration 0 Declaratory Judgment 0 Mandamus 0 Non -Domestic Relations Restraining Order 0 Quo Warranto 0 Replevin . 0 Other: 0 Mortgage Foreclosure: Commercial 0 Partition ❑ Quiet Title ❑Other: PROFESSIONAL LIABILITY ❑ Dental ❑ Legal ❑ Medical ❑ Other Professional: Pa.RC.P. 205.5 Updated 01/01/2011 IN THE COURT OF COMMON PLEAS CITIMORTGAGE, INC. OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs;, FREDERICK H. GARDNER, JR Defendant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court -supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MicPenn 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 mit 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: John D..<rohri;:Esq., Id. No.312244 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # _... BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: . .. State: Zip: Is the property for sale? Yes 0 No [] Listing date: Price:..$ Realtor Name: Realtor Phone; Borrower Occupied? Yes ❑ No Mailing Address (if different);, City: Phone Numbers: State: Zip: Home: Office:;. Cell: Other: Email: # of people in household; How long? ._ Mailing Address: City: Phone Numbers; Home: Cell; Office Other: Stare! Email: # of people in household: How long? First Mortgage Lender: Type of Loan: Loan Number: ,. , Date You Closed Your Loan: Second Mortgage Lender:. . Type of Loan: Loan Number: Total Mortgage Payments Amount: $ ..,, Included Taxes & Insurance:; Date of Last Payment: Primary Reason for Default: ....... .......... ... ..f....�•- . LJ 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: Amount owed: Value: Automobile #2: Model: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value. ... Year: Year: . 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 m AMOUNT EXPENSE *AMOUNT Mortgage Food 2"a Mortgage Car Payment(s) Utilities Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Support/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:. Phone (Office): Fax:: Counselor: Email:. Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes El 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 El NoD If yes, please indicate the status of those negotiations: .. Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name):.... ....:.. ....... Phone:... _.:. Servicing Company (Name): Contact: Phone: I/We, , authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the counseling services provided by the above named Borrower Signature Co -Borrower Signature Date Date Please forward this document along with the following information to lender and lender's counsel: 1 Proof of income 2 Past 2 bank statements 3 Proof of any expected income for the last 45 days 4 Copy of a current utility bill 5 Letter explaining reason for delinquency and any supporting documentation (hardship letter) A.,./.••••15 vseseavaas •kaa topa..1 aa i C11113. VII alIV lain; 111.Vaj NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against. you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File it: 943554 PHELAN HALL1NAN, LLP John D. Krohn, Esq., Id. No.312244 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.lcrohn@phelanhallinan.com 215-563-7000 CITIMORTGAGE, INC. 1000 TECI NOLOGY DRIVE MALLON, MO 63368 Plaintiff V. • FREDERICK H. GARDNER, JR 140 EAST CHAPEL AVENUE CARLISLE, PA 17013-3435 File it: 943554 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO: CUMBERLAND COUNTY CIVIL ACTION - LAW. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is CITIMORTGAGE; INC. 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 2. The name(s) and last known address(es) of the Defendant(s) are! FREDERICK H. GARDNER; JR 140 EAST CHAPEL AVENUE CARLISLE, PA 17013-3435 who is/are the mortgagor(s) and/or rreal owner(s) of the property hereinafter described. 3::. On 08/01/2007 FREDERICK H. GARDNER, JR made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR WILMINGTON FINANCE, INC., which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrtunent No. 200731019. By Assignment of Mortgage recorded 10/14/2013 the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Assignment of Mortgage Instrument No. 201,333623.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 ifthose 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 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 File 4: 94.35.54 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage as of 03/04/2014: Principal Balance $90,473.68 Interest 08/01/2013 through 03/04/2014 $4,415.42 Accumulated Late Charge Balance $233.66 TOTAL $95,122.76 7 Plaintiff is not seeking ajudgrnent 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. File u: 9.13554 WHEREFORE, Plaintiff demands an in = judgment against the Defendant(s) in the sum of $95,122.76, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN, LLP ;1M bhn D ofin Esq Id No 312244 AttotryI1Sr Pl4intiff 4 1.11tON! 194,3:$M LEGAL DESCRIPTION ALL THAT CERTAIN lot with the improvements, thereon situate in the Second Ward of the Borough of Carlisle, Cumberland County, Pennsylvania bounded and described as follows: BEGINNING at a point on the southern dedicated right-of-way line. of. East Chapel Avenue on the line of Lot No. 3 on the hereinafter mentioned Plan of Lots; thence along the latter, South 06 degrees, 15 minutes West, a distance of 115.56 feet to a point on the line of Lot No. 15 on said Plan; thence along the latter and Lot No. 16 on said Plan, South 83 Degrees 33 minutes 30 seconds East, a distance of 24.00 foot to a point on the line of Lot No. 5 on said Plan; thence along the latter, North 06 Degrees, 15 minutes East, a distance of 115.64 feet to a point on the southern dedicated right-of-way line of East Chapel Avenue; thence along the latter, North 83 degrees 45 minutes 00 seconds West, a distance of 24.00 feet to a point, the place of BEGINNING. CONTAINING 2,774 square feet according to a Subdivision Plan for Robert Noll. Inc., by Stephen G. Fisher, R.S., dated January 18, 1979 and recorded in the office of the Recorder of Deeds for Cumberland. County, Pennsylvania, in Plan Book 35, Page 31 and Being designated as Lot NO. 4 therein. Being improved with a townhouse dwelling known as 140 East Chapel Avenue, Carlisle, Pennsylvania. BEING Parcel NO. 03-21-0320-106C PROPERTY ADDRESS: 140 EAST CHAPEL AVENUE, CARLISLE, PA 17013-3435 PARCEL #03-2.1-0320-106C Flle #: 943554 VERIFICATION , hereby states that he/she is Vice President - Document Control of, CITIMORTGAGE, INC., Plaintiff in this matter and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information and belief. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. AFFIANT Print: 3tiMd E:vatis Title: Vice President -Document Control employed by CitiMortgage, Inc. Plaintiff: CITIMORTGAGE, INC. Date: 'MCkr c t _ _ Z$ .� ` :t File#: 943554 Name: GARDNER Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY FILED -OFFICE. [IF THE PROTHONOTAIn 2014 MAY -1 PM 2:5(4 CUMBERLAND COUNTY PENNSYLVANIA IC Q T,E Citimortgage Inc vsCase Number , Frederick H Gardner, Jr 2014-2089 SHERIFF'S RETURN OF SERVICE 04/30/2014 02:13 PM - Deputy Noah Cline, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Chadrick Magee, roommate, who accepted as "Adult Person in Charge" for Frederick H Gardner, Jr at 140 East Chapel Avenue, Carlisle Borough, Carlisle, PA 17013. NOAH CLINE, DEPUTY SHERIFF COST: $34.78 SO ANSWERS, May 01,2014 0)CountySulle Sheriff. Teleosott, Inc, RCN R ANDERSON, SHERIFF PHELAN HALLINAN, LLP Joseph P. Schalk, Esquire, Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 7365 CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 Plaintiff v. FREDERICK H. GARDNER, JR 140 EAST CHAPEL AVENUE CARLISLE, PA 17013-3435 Defendant Attorney for Plaintiff Court of Common Pleas Civil Division No. 14 -2089 -CIVIL Cumberland County CERTIFICATION OF SERVICE I, Joseph P. Schalk, Esquire, certify that I caused true and correct copies of Plaintiff's Motion to Lift Conciliation Stay and proposed Order to be sent sent via first class mail to the person listed below on the date indicated: Frederick H. Gardner, Jr. 140 East Chapel Ave Carlisle, PA 17013-3435 Date: Z I 943554 By Schalk, Esquire rney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 Plaintiff v. FREDERICK H. GARDNER, JR 140 EAST CHAPEL AVENUE CARLISLE, PA 17013-3435 Defendant AND NOW, this 7 ' ORDER day of 905 Court of Common Pleas Civil Division No. 14 -2089 -CIVIL Cumberland County C) <C c) - co , 2014, 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. CC: 943554 .Frederick H. Gardner Joseph P. Schalk, Esquire, Id. No. 91656 Attorney for Plaintiff AN HALLINAN, LLP Joseph P. Schalk, Esquire, Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 7365 Xederick H. Gardner, Jr. 140 East Chapel Ave Carlisle, PA 17013-3435 ao 943554 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 CITIMORTGAGE, INC. vs. FREDERICK H. GARDNER, JR FILED -OFFICE Ul- THE PROTHONOTARY 2OVI AUG 29 An 10:1trney for Plaintiff CUMBERLAND COUNTY PENNSYLVANIA : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 14 -2089 -CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against FREDERICK H. GARDNER, JR, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $95,122.76 TOTAL $95,122.76 I hereby certify that (1) the Defendant's last known address is 140 EAST CHAPEL AVENUE, CARLISLE, PA 17013-3435, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date F7ZW7? Adam H. Davis, Esq., Id. No.203034 Attorney for aintiff DAMAGES ARE H1REBY ASSESSED AS INDICATED. DATE: PH # 943554 • PROTHONOTARY ayvA ei‘lb.%)Lk 94344tAk1450389 Tat3J030// Vol)Ce PA -ted 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 CITIMORTGAGE, INC. vs. FREDERICK H. GARDNER, JR Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 14 -2089 -CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above -captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) FREDERICK H. GARDNER, JR 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, as amended. (b) that defendant FREDERICK H. GARDNER, JR is over 18 years of age and resides at 140 EAST CHAPEL AVENUE, CARLISLE, PA 17013-3435. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date efiztr?/1( Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 943554 Department of Defense Manpower Data Center Status Report Pursuant to Sery cemem C: vil. Relief Act Last Name: GARDNER First Name: FREDERICK Middle Name: H Active Duty Status As Of: Aug -28-2014 Results as of : Aug -28-2014 12:13:30 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Duty Stert Date Active Duly End Dale Status Service Component NA NA - " -- - No NA This response reflects the individuals' active duty slatus.based an the Active Duty Status Dale Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA - - - - ! - No. t NA This response reflects where the individual leftactiveduty status within 367 days preceding the Active Duty Status Date The Member or His(Her Unit Was Notified of a Futu e 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 recelved'sady notificaflan to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 CITIMORTGAGE, INC. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. FREDERICK H. GARDNER, JR Defendant(s) TO: FREDERICK H. GARDNER, JR 140 EAST CHAPEL AVENUE CARLISLE, PA 17013-3435 DATE OF NOTICE: NO. 14 -2089 -CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR A i -TEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE 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 Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 B PH 4 943554 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 enya Iatcs Esq., Id. No.203664 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (Rule of Civil Procedure No. 236) - Revised CITIMORTGAGE, INC. vs. FREDERICK H. GARDNER, JR against you on : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 14 -2089 -CIVIL Notice is given that a Judgment in the above captioned matter has been entered ?laq /t/ Byf If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * 943554 PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 Cititnortgage, Inc. Plaintiff V. Frederick H. Gardner, Jr Defendant(s) : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 14 -2089 -CIVIL CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due $95,122.76 Interest from 08/30/2014 to Date of Sale $1,501.44 (S15.64 per diem) TOTAL Note: Please attach description of property. PH # 943554 Ctrui" iV C8F $96,624.20 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff N) gc d Sb L_L CU/ filSbars rli o )1(1 -7Rgroi LEGAL DESCRIPTION ALL THAT CERTAIN lot with the improvements, thereon situate in the Second Ward of the Borough of Carlisle, Cumberland County, Pennsylvania bounded and described as follows: BEGINNING at a point on the southern dedicated right-of-way line of East Chapel Avenue on the line of Lot No. 3 on the hereinafter mentioned Plan of Lots; thence along the latter, South 06 degrees, 15 minutes West, a distance of 115.56 feet to a point on the line of Lot No. 15 on said Plan; thence along the latter and Lot No. 16 on said Plan, South 83 Degrees 33 minutes 30 seconds East, a distance of 24.00 foot to a point on the line of Lot No. 5 on said Plan; thence along the latter, North 06 Degrees, 15 minutes East, a distance of 115.64 feet to a point on the southern dedicated right-of- way line of East Chapel Avenue; thence along the latter, North 83 degrees 45 minutes 00 seconds West, a distance of 24.00 feet to a point, the place of BEGINNING. CONTAINING 2,774 square feet according to a Subdivision Plan for Robert Noll. Inc., by Stephen G. Fisher, R.S., dated January 18, 1979 and recorded in the office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book 35, Page 31 and Being designated as Lot NO. 4 therein. TITLE TO SAID PREMISES IS VESTED IN Frederick H. Gardner, Jr., by Deed from Matthew B. Best and Abigail E. Best, h/w, dated 07/26/2005, recorded 08/08/2005 in Book 270, Page 1678. PREMISES BEING: 140 East Chapel Avenue, Carlisle, PA 17013-3435 PARCEL NO. 03-21-0320-106C 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 Citimortgage, Inc. Plaintiff v. Frederick H. Gardner, Jr Defendant(s) I I 0 I LL Attorneys for Plaintiff 3F rHE FRO TNON'OTAR , 2ORiUG29 AHfO:22 CUMBERLAND COUNTY PENNSYLVANIA CERTIFICATION : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 14 -2089 -CIVIL . CUMBERLAND County 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 Act 91 procedures have been fulfilled Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff Cihmortgage, Inc. • Plaintiff v. Frederick H. Gardner, Jr Defendant(s) rr '0 i0 7.r En OG 29ri"6 ,r itJt 22 L CUMBERLAND COUNTY PENNSYLVANIA • COURT OF COMMON PLEAS CIVIL DIVISION NO.: 14 -2089 -CIVIL CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 Citimortgage, 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 140 East Chapel Avenue, Carlisle, PA 17013- 3435. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Frederick H. Gardner, Jr 140 East Chapel Avenue, Carlisle, PA 17013-3435 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) Frederick H. Gardner, Jr 140 East Chapel Avenue Carlisle, PA 17013-3435 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 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 None. PH # 943554 Address (if address cannot be reasonably ascertained, please indicate) 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: P' Name Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building 140 East Chapel Avenue Carlisle, PA 17013-3435 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: PH # 943554 By: 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 Citimortgage, Inc. Frederick H. Gardner, Jr 11 : COURT OF COMMON PLEAS CUIISERI:. ,rt -i L'3'licj' PENt!S`'(11VAC:11^;:' ‘-:- Plaintiff : CIVIL DIVISION vs. : NO.: 14 -2089 -CIVIL , Defendant(s) : CUMBERLAND County NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Frederick H. Gardner, Jr 140 East Chapel Avenue Carlisle, PA 17013-3435 **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 140 East Chapel Avenue, Carlisle, PA 17013-3435 is scheduled to be sold at the Sheriff's Sale on 12/03/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $95,122.76 obtained by Citimortgage, 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. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared wto 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 14 -2089 -CIVIL Citimortgage, Inc. v. Frederick H. Gardner, Jr owner(s) of property situate in CARLISLE BOROUGH, CUMBERLAND County, Pennsylvania, being 140 East Chapel Avenue, Carlisle, PA 17013-3435 Parcel No. 03-21-0320-106C (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $95,122.76 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN lot with the improvements, thereon situate in the Second Ward of the Borough of Carlisle, Cumberland County, Pennsylvania bounded and described as follows: BEGINNING at a point on the southern dedicated right-of-way line of East Chapel Avenue on the line of Lot No. 3 on the hereinafter mentioned Plan of Lots; thence along the latter, South 06 degrees, 15 minutes West, a distance of 115.56 feet to a point on the line of Lot No. 15 on said Plan; thence along the latter and Lot No. 16 on said Plan, South 83 Degrees 33 minutes 30 seconds East, a distance of 24.00 foot to a point on the line of Lot No. 5 on said Plan; thence along the latter, North 06 Degrees, 15 minutes East, a distance of 115.64 feet to a point on the southern dedicated right-of- way line of East Chapel Avenue; thence along the latter, North 83 degrees 45 minutes 00 seconds West, a distance of 24.00 feet to a point, the place of BEGINNING. CONTAINING 2,774 square feet according to a Subdivision Plan for Robert Noll. Inc., by Stephen G. Fisher, R.S., dated January 18, 1979 and recorded in the office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Plan Book 35, Page 31 and Being designated as Lot NO. 4 therein. TITLE TO SAID PREMISES IS VESTED IN Frederick H. Gardner, Jr., by Deed from Matthew B. Best and Abigail E. Best, h/w, dated 07/26/2005, recorded 08/08/2005 in Book 270, Page 1678. PREMISES BEING: 140 East Chapel Avenue, Carlisle, PA 17013-3435 PARCEL NO. 03-21-0320-106C THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net CITIMORTGAGE, INC. Vs. FREDERICK H. GARDNER, JR. WRIT OF EXECUTION NO 14-2089 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $95,122.76 L.L.: $.50 Interest FROM 8/30/2014 TO DATE OF SALE ($15.64 PER DIEM) - $1,501.44 Atty's Comm: Atty Paid: $183.53 Plaintiff Paid: Date: 8/29/2014 Due Prothy: $125 Other Costs: David D. Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: ADAM H. DAVIS, ESQUIRE Address: 1617 JFK BLVD., SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 203034 PLAINTIFF CITIMORTGAGE, INC. DEFENDANT FREDERICK H. GARDNER, JR AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PH # 943554 SERVICE TEAM/ Ixh COURT NO.: 14 -2089 -CIVIL SERVE FREDERICK H. GARDNER, JR AT: TYPE OF ACTION 140 EAST CHAPEL AVENUE XX Notice of Sheriffs Sale CARLISLE, PA 17013-3435 SALE DATE: December 3, 2014 SERVED Jk Hi ' Served and made known to FR DERICK . GA R, JR, Defendant on the day of ; , 20 , at I a; SF, o'clock lock M., at J it 0 ,ash 3p , 'n the m c gr dgsc 'bed b Defendant personally served. 1fW • 1 �' 1� 3 J Adult family member with whpm 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). _ Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. _ Other: Weight Race Sex Other N C7 CD C-7 r -• c, o -r h - oC • oefen atilt, hereby verify that I personally handed a true and correcttcopy &the �yr Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at1he address ?' indicated above. I understand that this statement is made subject to . e penalties of 18 Pa. . Sec. 4 elating to unsworn falsifito authorities. DATE: NAME: PRINTED TITLE: S ,4V £r NOT SERVED On the day of,20 , at o'clock . M., I, , a competent adult hereby state that Defendant NOT FOUND ecause: _ Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) _ No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 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 CITIMORTGAGE, INC. Plaintiff 17:.; ATT RNEY FOR PLAINTIFF y Court of Common Pleas Civil Division v. FREDERICK H. GARDNER, JR Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. CUMBERLAND County No.: 14 -2089 -CIVIL Plaintiff commenced this foreclosure action by filing a Complaint on April 8, 2014. 2. Judgment was entered on August 29, 2014 in the amount of $95,122.76. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 3, 2014. 943554 1 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through December 3, 2014 Late Charges Legal fees Cost of Suit and Title Escrow Deficit $90,473.68 $9,993.06 $33.38 $3,200.00 $837.18 $2,241.05 TOTAL $106,778.35 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 23, 2014 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 10. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin A. Hess entered an order granting Plaintiffs Motion to Lift Conciliation Stay dated July 7, 2014. 943554 2 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: /0(2-777/74 Phelan Hallinan, LLP By: .1.----A-27_./9',...e-q____ Adam H. Davis, Esquire ATTORNEY FOR PLAINTIFF 3 943554 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 CITIMORTGAGE, INC. Plaintiff v. FREDERICK H. GARDNER, JR Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -2089 -CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE FREDERICK H. GARDNER, JR executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 140 EAST CHAPEL AVENUE, CARLISLE, PA 17013-3435. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 943554 1 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 943554 2 Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 943554 3 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 943554 4 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff s recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 943554 5 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 943554 6 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become 943554 7 part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: / 0/Z7//T By: Phelan Hallinan, LLP Adam H. Davis, Esquire Attorney for Plaintiff 8 943554 Exhibit "A" t iLL'D- i'tlr PRO rHOND-TA,, PHELAN HALLINAN, LLP 2014 AUG 29 AH 10: 1 7 Adam H. Davis, Esq., Id. No.203p34 1617 JFK Boulevard Suite 1400 ENLAND COUNTY One Penn Center Plaza PE4k NS 'ANIA Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 Attorney for Plaintiff CITIMORTGAGE, INC. : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS FREDERICK H. GARDNER, JR : CIVIL DIVISION No. 14 -2089 -CIVIL PRAECIPE FOR IN REm IJDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against FREDERICK H. GARDNER, JR, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof thiel for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows'' . _ . As set forth in Complaint $95,122.76 TOTAL $95,122.76 I hereby certify that (1) the Defendant's last known address is 140 EAST CHAPEL AVENUE, CARLISLL'PA 17013-3435, and (;) that notice has been given in accordance with Rule Pa.R.C.P 237.1. ---' Date D/ 477/ Adam H. Davis, Esq., Id. No.203034 Attome .for Plaintiff DAMAGESARE H REBY ASSESSED AS INDICATED. DATE: e l % PH # 943554 PROTHONOTARY 943554 Exhibit "B" PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania October 17, 2014 FREDERICK H. GARDNER, JR 140 EAST CHAPEL AVENUE CARLISLE, PA 17013-3435 RE: CITIMORTGAGE, INC. v. FREDERICK H. GARDNER., JR Premises Address: 140 EAST CHAPEL AVENUE CARLISLE, PA 17013 CUMBERLAND County CCP, No. 14 -2089 -CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), 1 am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 10/22/2014. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff Enclosure 943554 Name and Phelan Hallinan, LLP Address IMO 1617 JFK Boulevard, Suite 1400 Of Sender One Penn Center Plaza Philadelphia, PA 19103 Name of Addressee, Street, and Post Office Address Line 1 Article Number JOH FREDERICK H. GARDNER, JR 140 EAST CHAPEL AVENUE CARLISLE, PA 17013-3435 RE: FREDERICK H. GARDNER, JR (CUMBERLAND) PH # 943554/1200 Page 1 of 1 Total Number of Pieces Listed by Sender Total Number of Pieces Received al. Post Office Postmaster, Per (Name of Receiving Employee) Postage S0.48 50.48 The full declaration of value is required on all domestic and international registered mail. The m for the reconstruction of nonnegotiable documents under Express Mail document reconstruction piece subject to a limit of S500,000 per occurrence. The maximum indemnity payable on Expres The maximum indemnity payable is S25,000 for registered mail, sent with optional insurance. S, R900 5913 and S921 for limitations of coverage. Form 3877 Facsimile 943554 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 CITIMORTGAGE, INC. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division v. FREDERICK H. GARDNER, JR Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. FREDERICK H. GARDNER, JR 140 EAST CHAPEL AVENUE CARLISLE, PA 17013-3435 DATE: 70/2..7//%` CUMBERLAND County No.: 14 -2089 -CIVIL Phelan Hallinan, LLP By: Adam H. H. Davis, Esquire ATTORNEY FOR PLAINTIFF 943554 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 OCT 23 Attorney for Plaintiff . ,_ ,. , _ , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS : CIVIL DIVISION FREDERICK H. GARDNER, JR Defendant(s) No.: 14 -2089 -CIVIL 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: (0(z 7 `/ 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. Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PH # 943554 CitiMortgage, Inc. Plaintiff V. Frederick H. Gardner, Jr Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 14 -2089 -CIVIL CUMBERLAND COUNTY AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 CitiMortgage, 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 140 East Chapel Avenue, Carlisle, PA 17013- 3435. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Frederick H. Gardner, Jr 140 East Chapel Avenue, Carlisle, PA 17013-3435 2. Name and address of Defendant(s) in the judgment: Name Frederick H. Gardner, Jr Address (if address cannot be reasonably ascertained, please so indicate) 140 East Chapel Avenue Carlisle, PA 17013-3435 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) CitiMortgage, Inc. 1000 Technology Drive O'Fallon, MO 63368 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) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: PH # 943554 Name Tenant/Occupant Address (if address cannot be reasonably ascertained, please indicate) 140 East Chapel Avenue Carlisle, PA 17013-3435 Tammy Gardner 1210 Pheasant Dr. S Carlisle, PA 17013-1227 Tammy Gardner C/O Jane Adams, Esq. 17 W South st Carlisle, PA 17013-3432 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle, PA 17013 Commonwealth of Pennsylvania P.O. Box 2675 Department of Welfare Harrisburg, PA 17105 Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: PH # 943554 By: 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 • Name and Address Of Sender Line 2 3 4 5 Article Number ass. sass *5.5 *saa *it* Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 AZK/JKM - 12/03/2014 SALE Name of Addressee, Street, and Post Office Address TENANT/OCCUPANT 140 EAST CHAPEL AVENUE CARLISLE, PA 17013-3435 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 171g0.1,Z.K RE' TRED RICK H. GARDNER, JR (CUMBERLAND) PH it 943554/1021 Page 1 of 1 Writ Team Postage 50.47 S0.47 $0.47 S0.47 50.47 52.35 Tout Number of Pieces fined by Sender Tout Number of Piero Received at Post Office Posemaner, Per (Na,oe of Reeeiverg Employee) Form 3877 Facsimile The full declaration of value n required an all domestic and international registered mail The mturmom indemnity payable for the reconstruction of nonnegotiable documents unser Express Mail document reconstrottion 'nvrarae is 350.000 per piece subs to a NMI of 5500,000 per occurrence. Tic nauimem indemnity payable on Express Mail mvchandac Is 5500. The m.xinalm indemnity payable is 525,000 for resfuered mail, sent %sith optional insurance. See Montane Mall Mono.) 0900 5913 and 5921 for limitations of coveupe. Name and ,Address Of Sender Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 AZK/KAZ - 12/03/2014 SALE Line Article Number Name of Addressee; Street, and PosbOfiice Address Postage 1 *4** Tammy Gardner 1210 PHEASANT DR. S CARLISLE, PA 17013-1227 $0,98 • 2 ****. Tammy Gardner C/O Jane Adams, Esq. . 17 W'SOUTH ST CARLISLE, PA 17013 3432 • • s�cur-4$ u ' , RE: FREDERICK H. GARDNER, JR (CUMBERLAND) PH 0 943554/1026 Page 1 61'1 45 Day - Tout Nambee of 1'ieo i Deed bends y S Total Number of Pieces Roomed at:Post Onix Posuouster, Per (Nam of Roeioing Employee) Thelon decimation of value is -required oo all domestic and international .reegiuered t> for the reeon,trnaioo of nonoeaotiable doeoments undaExpresf Mail doomisenir onstrutti piece subject toe limit of Si00,000 pa ocuonence, The maxisdum indemnity payable an Exl The masimoto indemnity payable is 525,000 tpi.TegiOeted moil, Sent with optional-insnnnce R900 5913 and 5921 .forlimitodm,s'of cove ake.. - Form 3877 Facsimile PH # 943554 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CITIMORTGAGE, INC. Plaintiff v. FREDERICK H. GARDNER, JR Defendant AND NOW, this 36" Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -2089 -CIVIL RULE day of C9dbib., 2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff s Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. capi -es pb t la, A :bat) ts abaciatim. iopopy -T1Y] c) rn x rn -<3> < > c-) x n 943554 Adam H. Davis, Esq., Id. No.203034 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 FREDERICK H. GARDNER, JR 140 EAST CHAPEL AVENUE CARLISLE, PA 17013-3435 943554 943554 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan .Lobb @pile] anh all inan .com 215-563-7000 CITIMORTGAGE, INC. Plaintiff or: TE MIIIIONOTARY 21.3111 I.!0V 10 Aci 10: 21 COURi PEUS YLVANlii ,ORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. FREDERICK H. GARDNER, JR Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 30, 2014 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. FREDERICK H. GARDNER, JR 140 EAST CHAPEL AVENUE CARLISLE, PA 17013-3435 DAft: b: I/7/1Y By: Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff CUMBERLAND County No.: 14 -2089 -CIVIL Phelan Hallinan, LLP 943554 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312,174 • ,. ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 140 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 CITIMORTGAGE, INC. : Court of Common Pleas Plaintiff • : Civil Division • vs. : CUMBERLAND County FREDERICK H. GARDNER, JR • : No.: 14-2089-CIVIL Defendant • MOTION TO MAKE RULE ABSOLUTE CITIMORTGAGE, INC., by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on October 28, 2014. 2. A Rule was issued by the Honorable Kevin A. Hess on or about October 30, 2014 directing the Defendant to show cause by November 19, 2014 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit A. 3. The Rule to Show Cause was timely served upon all parties on November 7, 2014 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit B. 4. Defendant failed to respond or otherwise plead by the Rule Returnable date of November 19, 2014. 943554 2 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan, LLP DATE: /f f ,) (1 By: /-- Jona -Jona Lobb, Esq., Id. No.312174 Attorney for Plaintiff 943554 3 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CITIMORTGAGE, INC. Court of Common Pleas Plaintiff Civil Division v. • CUMBERLAND County FREDERICK H. GARDNER,JR No.: 14-2089-CIVIL Defendant RULE AND NOW,this qday of 20 a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT 7/4/42,elet J. n _ rn cx1r GA) CJS CS .v 5-1 0 L.% A;rW y' 943554 Exhibit "B" Phelan Hallinan,LLP Jonathan Lobb,Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 CITIMORTGAGE, INC. Court of Common Pleas Plaintiff • Civil Division vs. • CUMBERLAND County FREDERICK H. GARDNER, JR • No.: 14-2089-CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 30, 2014 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. FREDERICK H. GARDNER,JR 140 EAST CHAPEL AVENUE CARLISLE,PA 17013-3435 Phelan Hallinan,LLP DATE: t ! /7/1y By: 4/11-2e,a--- Jonathan Lobb,Esq.,Id.No.312174 Attorney for Plaintiff 943554 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 CITIMORTGAGE, INC. : Court of Common Pleas Plaintiff . • Civil Division vs. . :• CUMBERLAND County FREDERICK H. GARDNER, JR . • No.: 14-2089-CIVIL Defendant . CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. FREDERICK H. GARDNER, JR 140 EAST CHAPEL AVENUE CARLISLE, PA 17013-3435 Phelan Hallinan, LLP DATE: ( i /2 i ) I tr By: Jonath obb, Esq., Id. No.312174 Attorney for Plaintiff 943554 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA c �- -roc.: ;i Court of Common Pleases Li �O. Fri PlaintiffCP r- cv c; Civil Division --<3-> CT` ---1G CUMBERLAND CountySG G Er -t r- No.:14-2089-CIVIL -< CO =< CITIMORTGAGE, INC. vs. • FREDERICK H. GARDNER, JR Defendant ORDER AND NOW, this 26' day of tJry . of , 2014, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captioned matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tune as follows: Principal Balance Interest Through December 3, 2014 Late Charges Legal fees Cost of Suit and Title Escrow Deficit $90,473.68 $9,993.06 $33.38 $3,200.00 $837.18 $2,241.05 TOTAL $106,778.35 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. / P1Rela,i �tQ!'rvlli n ruder. . 1-1. si es Enact,/ed4,6 BY THE COURT: 943554