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HomeMy WebLinkAbout14-6033 Supreme Court-.of Pennsylvania Ili a I Gmxo q F Cour, Commo. Tleas For Prothonotary Use Only: VittC©veer. heet C SAN ,ti lXy County Docket No: `7 \N r 0,5 3 ��G The information collected on this form is used solely for court administration purposes. This form does not supplement or replace thefiling and service ofpleadings or other papers as required by law or rules of court. S Commencement of Action: ❑D Complaint ❑ Writ of Summons ❑Petition E ❑Transfer from Another Jurisdiction ❑Declaration of Taking C Lead Plaintiffs Name: CITIMORTGAGE,INC. Lead Defendant's Name: BETH A.VAUGHN ARNETT A/K/A ,j, BETH A.ARNETT I Are money damages requested? El Yes 9 No Dollar Amount Requested: Elwithin arbitration limits O (Check one) N outside arbitration limits N Is this a Class Action Suit? ❑Yes ❑x No Is this an MDJ Appeal? ❑ Yes ❑x No A Name of Plaintiff/Appellant's Attorney: Michael Dingerdissen,Esq.,Id.No.317124,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: U ❑Asbestos N ❑Tobacco ❑Toxic Tort-DES ❑Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑Toxic Waste ❑Ejectment ❑ Common Law/Statutory Arbitration $ ❑Other: ❑Eminent Domain/Condemnation ❑Declaratory Judgment ❑Ground Rent ❑Mandamus ❑Landlord/Tenant Dispute ❑Non-Domestic Relations ®Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABILITY ❑Mortgage Foreclosure: Commercial ❑Quo Warranto ❑Dental ❑Partition ❑Replevin ❑Legal ❑Quiet Title ❑Other: ❑Medical ❑ Other: ❑ Other Professional: P,%R.C.P. 205.5 Updated 01/01/2011 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 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 (717)249-3166 (800)990-9108 File#: 949141 CF THE PRO THO'NOA t` 2014 OCT 13 dM 11: Q0 CUMBERLAND COUNTY PENNSYLVANIA PHELAN HALLINAN,LLP Michael Dingerdissen,Esq.,Id.No.317124 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia,PA 19103 Michael.Dingerdisscn©phelanhallinan.com 215-563.7000 CITIMORTGAGE,INC. 1000 TECHNOLOGY DRIVE COURT OF COMMON PLEAS OTAL.LON,MO 63368 CIVIL DIVISION Plaintiff V. TERM - BETH A.VAUGHN-ARNETT A/K/A BETH A. NO.�U fOo�J C/M ARNETT 200 LEONARD STREET,APARTMENT 212 CUMBERLAND COUNTY MARYSVILLE,PA 17053-1126 KENNETH J.ARNETT,in his capacity as Heir of KENNETH L.ARNETT,Deceased 604 3RD ST FL 3 NEW CUMBERLAND,PA 17070-2095 UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER KENNETH L.ARNETT,DECEASED 5260 WERTZVILLE ROAD ENOLA,PA 17025-1280 Defendants CIVIL ACTION-LAW COMPLAINT 1N MORTGAGE FORECLOSURE Fuca: 949141 �1/S 7� W :l p*3 J.2a03 1. Plaintiff is CITIMORTGAGE,INC. 1000 TECHNOLOGY DRIVE OTALLON,MO 63368 2. The name(s)and last known address(es)of the Defendant(s)are: BETH A.VAUGHN-ARNETT A/K/A BETH A.ARNETT 200 LEONARD STREET,APARTMENT 212 MARYSVILLE,PA 17053-1126 KENNETH 1.ARNETT,in his capacity as Heir of KENNETH L.ARNETT,Deceased 604 3RD ST FL 3 NEW CUMBERLAND,PA 17070-2095 UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING_RIGHT,TITLE OR INTEREST FROM OR UNDER KENNETH L.ARNETT,DECEASED _._ 5260 WERTZVILLE ROAD ENOLA,PA 17025-1280 who is/are the mortgagor(s)and/or real owner(s)of the property hereinafter described. 3. On 04/24/2007 BETH A.VAUGHN-ARNETT and KENNETH L.ARNETT made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC.AS NOMINEE FOR DELTA FUNDING CORPORATION,which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County,in Mortgage Book 1990,Page 4596. By Assignment of Mortgage recorded 11/15/2013 the mortgage was assigned to PLAINTIFF,which Assignment is recorded in Assignment of Mortgage Instrument No. 201336816.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 Filo#: 949141 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 07/01/2013 and each month thereafter are due and unpaid,and by the terms of said mortgage,upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor,the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage as of 10/18/2014: Principal Balance $68,721.38 Interest $9,852.72 06/01/2013 through 10/18/2014 Accumulated Late Charge Balance $0.00 Escrow Advance Balance $1,580.84 TOTAL $80,154.94 7. Plaintiff is not seeking a judgment of personal liability(or an in personajudgment) 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 Pile N: 949141 stay as provided by said notice has terminated because Defendant(s)has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency,or has/have been denied assistance by the Pennsylvania Housing Finance Agency, 9. Mortgagor KENNETH L. ARNETT died on 01/23/2010,and upon information and belief,his surviving heirs are KENNETH J.ARNETT and CHRISTINA L.ARNETT. 10. Plaintiffs representative contacted the Register of Wills of CUMBERLAND COUNTY and was informed that no estate has been raised on behalf of the decedent mortgagor. 11. By executed waiver, CHRISTINA L.ARNETT waived her right to be named as a defendant in the foreclosure action.Said waiver is attached as Exhibit"A". 12. Plaintiff hereby releases KENNETH L.ARNETT,from liability for the debt secured by the mortgage. 13. Plaintiff does not hold the named Defendant, KENNETH J.ARNETT,personally liable on this cause of action. This action is being brought to foreclose the interest of the said Defendant in the aforesaid real estate only,and the Defendant has been named in accordance with the requirements of Pa R.C.P. l 144(a)(2)and 20 Pa.C.S.A. §301(6). WHEREFORE,Plaintiff demands an in rem judgment against the Defendant(s)in the sum of $80,154.94,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: Michael Dingerdissen,Esq.,id.No.317124 Attorney for Plaintiff File b: 949141 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land together with the improvements thereon erected situate in the township of Hampden,county of Cumberland and state of Pennsylvania,more particularly bounded and described according to the survey and plan thereof made by Charles W.Jenkins, registered surveyor,dated January 11, 1974,as follows,to wit: BEGINNING at a point marked by a spike in the center line of the state highway known as the Wertsville road(L.R.569),which said point is at the corner of lands now or late of Harriet Raudabaugh: thence extending along the center line of Wertzville road(L.R.569),south 85 degrees 57 minutes west 243.09 feet to a spike in the center line of said road at corner of lands now or formerly of Harriet Raudabaugh and passing through an iron pin located 17.4 feet from the center line of said road,north 05 degrees 45 minutes east, 15190 feet to a post;thence along the line of lands of the same,north 85 degrees 53 minutes east 229.42 feet to a post;thence still along the line of said lands now or late of Harriet Raudabaugh and passing through an iron pin located 23.75 feet north of the center line of the Wertzville road,south 00 degrees 36 minutes west 150.45 feet to a spike in the center line of the Wertzville road(L.R.569)aforementioned, at a point and place of beginning. PROPERTY ADDRESS:5260 WERTZVILLE ROAD,ENOLA,PA 17025-1280 PARCEL#10-13-0993-012. Filet 949141 f mmXHIBI A WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION 1, CHRISTINA L. ARNETT,Heir of KENNETH L.ARNETT, Deceased, hereby acknowledge that I may have an ownership interest in the property located at 5260 WERT-7V.II LE ROAD, ENOLA,PA 17025-:1280, in,0rgpxdance with Section 301(b) of the Pennsylvania Probate,Estates and Fiduciaries Code [20 1.0a C.S.A. Sec66ir'301(b).J. I do hereby waive my right to be named as a defendant 4n a;fQleelps��e actign as proyided by.Pa.R.C.P. 1.1.41 et seq,which maybe instituted by CITIMORTGAGE, INC.., involving;saidproperty, which property was owned by the decedent at the time of his death. r I hereby consent to the foreclosure'action, without any further notice of said action, including;but not limited to the Sheriff's sale,and understand that any interest I may have in the moxtgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff's sale of the mortgage premises. Dater �11NA I&. A R�NE'F1-lei.r of KENNETH L. ARNETT, Deceased VERIFICATION ereby states that he/(O is of, CTTIMORTGAGE, 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: Printed name: V Title: Vice President—Document Control Employed by CitiMortgage, Inc. Plaintiff. CITIMORTGAGE, INC. Date: ld —67— File#: 949141 Name: VAUGHN-ARNETT File#: 949141 CHARLES E. PETRIE, ESQUIRE ID# 29029 3528 Brisban Street Harrisburg, Pennsylvania 17111 (717) 561-1939 Voice (717) 561-4121 FAX PetrieLaw@AOL. corn THE PRGTHONOTA Y 2014 OCT 27 PM 2: 4 I CUMBERLAND COUNTY PENNSYLVANIA Attorney for Defendant Kenneth J. Arnett CITIMORTGAGE, INC. : IN THE COURT OF COMMON PLEAS OF 1000 TECHNOLOGY DRIVE : CUMBERLAND COUNTY, : PENNSYLVANIA O'FALLON, MO 63368 vs. Plaintiff : CIVIL ACTION - LAW : NUMBER: 14-6033 Civil Term BETH A. VAUGHN-ARNETT : A/K/A BETH A. ARNETT 200 LEONARD STREET, APT. : 212 MARYSVILLE, PA 17053 KENNETH J. ARNETT, in his : Capacity as Heir of KENNETH : L. ARNETT, Deceased 604 3rd ST FL 3 NEW CUMBERLAND, PA 17070 UNKNOWN HEIRS, SUCCESSORS ASSIGNS, AND ALL PERSONS, FIRMS,OR ASSOCIATIONS, CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER KENNETH L. ARNETT, DECEASED 5260 WERTZVILLE ROAD ENOLA, PA 17025-1280 ANSWER NOW COMES Defendant KENNETH J. ARNETT, by and through his attorney, Charles E. Petrie, and respectfully answers Plaintiff's Complaint in Mortgage Foreclosure as follows: 1. Admitted. 2. Admitted in part and denied in part. It is admitted that this paragraph contains the names and addresses of the Defendants. It is denied that Defendant KENNETH J. ARNETT is the Heir of KENNETH L. ARNETT, Deceased. 3. Admitted. 4. Admitted. 5. Denied. Defendant KENNETH J. ARNETT has no knowledge of the facts set forth in this paragraph, nor of the truth or falsity of the facts represented herein, and Defendant KENNETH J. ARNETT therefore denies the facts set forth herein. 6. Denied. Defendant KENNETH J. ARNETT has no knowledge of the facts set forth in this paragraph, nor of the truth or falsity of the facts represented herein, and Defendant KENNETH J. ARNETT therefore denies the facts set forth herein. 7. No responsive pleading required. 8. Denied. Defendant KENNETH J. ARNETT has no knowledge of the facts set forth in this paragraph, nor of the truth or falsity of the facts represented herein, and Defendant KENNETH J. ARNETT therefore denies the facts set forth herein. 9. Admitted in part and denied in part. It is admitted that Mortgagor KENNETH L. ARNETT died on 1/23/2010. KENNETH J. ARNETT is not a surviving heir of KENNETH L. ARNETT. 10. Admitted. 11. Admitted. 12. No responsive pleading required. 13. No responsive pleading required. WHEREFORE, Defendant KENNETH J. ARNETT respectfully requests that he be released as a Defendant in the foregoing mortgage foreclosure matter. NEW MATTER 14. Defendant KENNETH J. ARNETT hereby incorporates his answers to paragraphs 1 through 13 as if fully set forth herein. 15. KENNETH J. ARNETT was legally adopted by WAYNE JEFFERSON ARNETT and JOYCE MARCELLA ARNETT, his wife, on February 2, 1976. A copy of the Certificate of Adoption is attached hereto as Exhibit "A." 16. By way of further proof, a copy of KENNETH J. ARNETT'S birth certificate is attached hereto as Exhibit "B," indicating that he is the son of WAYNE J. ARNETT, not KENNETH L. ARNETT. • WHEREFORE, Defendant KENNETH J. ARNETT, respectfully requests that he be released as a Defendant in the foregoing mortgage foreclosure matter. Respectfully submitted, CHARLES E. PETRIE, ESQ. ATTORNEY FOR DEFENDANT KENNETH J. ARNETT CERTIFICATE OF SERVICE I, CHARLES E. PETRIE, ESQUIRE, do hereby certify that on October 24, 2014, I mailed a true and correct copy of the attached Answer to MICHAEL DINGERDISSEN, Esquire, Attorney for Plaintiff, by U.S. First Class Mail, postage prepaid, addressed as follows: MICHAEL DINGERDISSEN, ESQ. PHELAN HALLINAN, LLP 1617 JFK BLVD., STE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 CHARLES E. PETRIE ATTORNEY FOR DEFENDANT KENNETH J. ARNETT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I verify that the statements in the foregoing Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. lG ,0-/y DATE .a"" ENNETH ,Y ARNETT COMMONWEALTH OF PENNSYLVANIA CERTIFICATE OF ADOPTION 76 ADOPTIONS 1975 THIS IS TO CERTIFY t he ORPHANS ' COURT DIVISION OF THE COMMON PLEAS COURT in the COUNTY OF CUMBERLAND on FEBRUARY 2 19i decreed the ADOPTION of KENNETH JOHN ARNETT by WAYNE JEFFERSON ARNETT (NAME OF PARENT) JOYCE MARC ELLA ARNETT (NAME OF PARENT) Date of Issue FEB _ 2 , 19Th County Seal (NAME OF CHILD) CLERK OF COURT RICHARD E. ANDERSON This certificate shall be accepted as proof of adoption. EXHIBIT "A" " ',7VAAMMIWVagOeallAMSIr INKAMIZMAr pr.4),,,, A , ff1-.- • • r. DEPARTMENT OF HEALTH VITAL STATISTICS CERTIFICATION OF BIRTH DATE OF 3-26-74 11:35 A.M. FILE 27780-74 BIRTH NO. IMO. DAY. YEAR HOUR) CITY, BOROUGH, HARRISBURG DATE 4-05-74 OR TOWNSHIP FILED OF BIRTH (MO DAY YEAR) COUNTY OF DAUPHIN DATE 4-09-76 BIRTH ISSUED 500 DAY. YEAR) SUBJECT KENNETH JOHN ARNETT SEX MALE MOTHER JOYCE M. CORKLE • '24 This is a true certification of name and birth facts on file nVital Statistics, Pennsylvania Department of Health. • t:=, * ?..1t1......==•:.E.1 3 WARNING: IT IS ILLEGAL TO DUPLICATE THIS COPY BY PHOTOSTAT OR PHOTOGRAPH • 0,, CHARLES HARDESTER LEONARD BACHMAN, M.D. STATE REGISTRAR SECRETARY OF HEALTFI H105.105 (Rev. 11-7.5) OF EXHIBIT "B" CHARLES E. PETRIE, ESQUIRE ID# 29029 3528 Brisban Street Harrisburg, Pennsylvania 17111 (717) 561-1939 Voice (717) 561-4121 FAX PetrieLaw@AOL.com cILETi D -OFFICE,_ PROTHONO GAR Y 2014 NOV -7 Pti (:58 CUMBERLAND COIRdf; PENNSYLVANIA Attorney for Defendant KENNETH J. ARNETT CITIMORTGAGE, INC. : IN THE COURT OF COMMON PLEAS 1000 TECHNOLOGY DRIVE : CUMBERLAND COUNTY, O'FALLON, MO 63368 : PENNSYLVANIA Plaintiff vs. : NUMBER: 14-6033 Civil Term BETH A. VAUGHN-ARNETT : A/K/A BETH A. ARNETT : CIVIL ACTION - LAW 200 LEONARD STREET, APT. : 212 MARYSVILLE, PA 17053 KENNETH J. ARNETT, in his : Capacity as HEIR OF KENNETH L. ARNETT', Deceased 604 3rd ST FL 3 NEW CUMBERLAND, PA 17070 UNKNOWN HEIRS, SUCCESSORS ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS, CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER KENNETH L. ARNETT, DECEASED 5260 WERTZVILLE ROAD ENOLA, PA 17025-1280 PRAECIPE Defendant KENNETH J. ARNETT hereby withdraws his Answer filed on October 27, 2014. Respectfully submitted, CHARLES E. PETRIE, ESQUIRE CHARLES E. PETRIE, ESQUIRE ID# 29029 3528 Brisban Street Harrisburg, Pennsylvania 17111 (717) 561-1939 Voice (717) 561-4121 FAX PetrieLaw@AOL.corn Attorney for Defendant KENNETH J. ARNETT CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE : O'FALLON, MO 63368 Plaintiff vs. BETH A. VAUGHN-ARNETT : A/K/A BETH A. ARNETT : 200 LEONARD STREET, APT. : 212 MARYSVILLE, PA 17053 KENNETH J. ARNETT, in his : Capacity as HEIR OF KENNETH L. ARNETT, Deceased 604 3rd ST FL 3 NEW CUMBERLAND, PA 17070 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NUMBER: 14-6033 Civil Term CIVIL ACTION - LAW UNKNOWN HEIRS, SUCCESSORS ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS, CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER • KENNETH L. ARNETT, DECEASED 5260 WERTZVILLE ROAD ENOLA, PA 17025-1280 PRAECIPE Defendant KENNETH J. ARNETT hereby withdraws his Answer and New Matter filed on October 27, 2014. Respectfully submitted, t�� CHARLES E. PETRIE, ESQUIRE Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. vs. BETH A. VAUGHN-ARNETT A/K/A BETH A. ARNETT ET AL. Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 14-6033 CUMBERLAND COUNTY MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, CITIMORTGAGE, INC., respectfully requests that this Honorable Court enter an ORDER granting Plaintiff's Motion for Service Pursuant to Special Order of Court in the above captioned matter and in support thereof avers the following: 1. On April 24, 2007, BETH A. VAUGHN-ARNETT and KENNETH L. ARNETT made, executed, and delivered a mortgage upon the premises at 5260 WERTZVILLE ROAD, ENOLA, PA 17025-1280. 2. The loan is in default as payments due July 1, 2013 and each month thereafter are due and unpaid. 3. Real Owner KENNETH L. ARNETT died on January 23, 2010. Attached hereto marked as Exhibit "A" is a copy of the Social Security Death Master File Search verifying the date of death. 4. Plaintiff's representative contacted the Register of Wills of CUMBERLAND and was informed that no estate has been raised on behalf of the decedent mortgagor. 5. Plaintiff performed a Good Faith lnvestigation in an attempt to identify and locate the heirs of KENNETH L. ARNETT. Plaintiffs investigation located an obituary for KENNETH L. ARNETT published on January 25, 2010 in the Patriot -News. Per the obituary KENNETH L. ARNETT'S surviving heirs are his wife: BETH VAUGHN-ARNETT and children: CHRISTINA L. ARNETT and KENNETH J. ARNETT. Attached hereto, marked as Exhibit "B" is a true and correct copy of Plaintiffs Affidavit of Good Faith Investigation and Obituary. 6. By letter dated July 14, 2014. Plaintiff contacted KENNETH J. ARNETT and CHRISTINA L. ARNETT to inform them of the foreclosure action. Plaintiff attached with its letter a Waiver by Heir of Right to be Named as a Defendant. Plaintiff also requested information regarding the heirs of KENNETH L. ARNETT. Attached hereto, marked as Exhibit "C" is a true and correct copy of Plaintiffs letter. i By executed waiver, CHRISTINA L. ARNETT waived her right to be named as a defendant in the foreclosure action. Said waiver is attached as Exhibit D. 8. On October 13, 2014, Plaintiff filed an Action in Mortgage Foreclosure. Attached hereto, marked as Exhibit "E" is a true and correct copy of the Complaint in Mortgage Foreclosure. PH # 949141 9. Plaintiff named as a defendant, the unknown heirs, successors, assigns, and all persons, firms or associations claiming right. title or interest from or under the decedent record owner in order to ensure that all possible parties with an interest in said property are notified of these proceedings and in order to ensure that good and marketable title to said property is conveyed by any future sheriffs auction. See Exhibit "E." 10. Because there may be parties with an interest in the mortgaged premises that are unknown, Plaintiff must effectuate service through Special Order of Court. 11. In compliance with Cumberland County Local Rule 208.3(a)(2), Plaintiff avers No Judge has previously entered a ruling in this case. 12. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to the Defendants on October 29, 2014, and requested the Defendants' concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiffs October 29. 2014 letter pursuant to Local Rule 208.3(9) and postmarked certificate of mailing is attached hereto, made part hereof, and marked as Exhibit "F." WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint, and all future pleadings, by regular mail, by posting of the mortgaged premises, and by publication. Respectfully submitted, PHELAN HALI.INAN, LLP Date: /1 i/Z7/ By: Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PH # 949141 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. vs. BETH A. VAUGHN-ARNETT A/K/A BETH A. ARNETT CUMBERLAND COUNTY Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 14-6033 ET AL. MEMORANDUM OF LAW According to Pa.R.Civ.P. 430(a), a plaintiff may petition the court to provide an alternative to personal service if the plaintiff cannot serve a party personally. The rule requires the affidavit presented in support of the motion for alternative service to state "the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why personal service cannot be made." Pa.R.Civ.P. 430 (a). The purpose of this procedure is to provide proof that a good faith effort has been made to effect service under normal methods. Only after such proof has been offered is the Court authorized to direct another method of substitute service. Deer Park Lumber, Inc. v. Major, 384 Pa.Super. 625,559 A.2d 941, 944 (1988), appeal denied, 525 Pa. 582, 575 A.2d 113 (1990). PH # 949141 Plaintiff has attached a report to its Motion, which sets forth the nature and extent of the investigation that has been made to determine the whereabouts of the heirs and assigns and the reason that such service cannot be made. Attached hereto, marked as Exhibit "B" is a copy of the Affidavit of Good Faith investigation. A deceased mortgagor need not be named as a party in a foreclosure action. Federal Land Bank of Baltimore v. King, 294 Pa.86, 143 A. 500 (1928). The personal representative, heir or devisee of a deceased mortgagor, if known, (unless released from liability) must be named as a defendant in a mortgage foreclosure action. Moyer v. Diehl, 130 Pa.Super. 115, 196 A. 575 (1938). In the instant action, Plaintiff has appropriately named the unknown heirs, successors, assigns and all persons, firms, and associations claiming right title or interest from or under the decedent mortgagor as a defendant in order to convey clear and marketable title after a foreclosure sheriff's sale. Title companies customarily require foreclosing mortgagees to name the unknown parties in order to assure that any potential party with an interest in the mortgaged premises has an opportunity to defend the foreclosure. Finally, Plaintiff is seeking only to enforce an in rem judgment through the foreclosure of the mortgaged premises and is not pursuing a deficiency judgment in this action. WHEREFORE, Plaintiff respectfully requests this Honorable Court to grant the requested relief. PHELAN HALLINAN, LLP Date: /OZ. /l? By: Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PH # 949141 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. vs. BETH A. VAUGHN-ARNETT A/K/A BETH A. ARNETT ET AL. Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 14-6033 CUMBERLAND COUNTY CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the foregoing Plaintiff's Motion for Special Service was served by regular mail on Defendants on the date listed below: BETH A. VAUGHN-ARNETT A/K/A BETH A. ARNETT 200 LEONARD STREET, APARTMENT 212 MARYSVILLE, PA 17053-1126 KENNETH J. ARNETT 6043RD STFL3 NEW CUMBERLAND, PA 17070-2095 PH # 949141 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER KENNETH L. ARNETT, DECEASED 5250 WERTZVILLE ROAD ENOLA. PA 17025-1280 Dated: PHELAN HALL1NAN, LLP /(/(2—/7 By: 2,�t� Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PH # 949141 Exhibit "A" Page 1 of 1 Death Master File (DMF) Profile Details for KENNETH L ARNETT SSN: Date of Birth: Date of Death: 01/23/2010 (V) (V)=(Verified) Report verified with a family member or someone acting on behalf of a family member. (P)=(Proof) Death Certificate Observed. https://www. ssdmf.com/Li brary/SSN/Zoom.asp?SessionlD=%7B 1191E567 -516B -465F -A... 6/17/2014 Exhibit "B" li 0 A ON L� nn{nth L,, Ar PA, 7025 1141:if, ESTIGATION 1 inhumation to be true and correit e. Arnett - :1 review, of th credit r I o tirtB agoncies picvided no ctnpiovment inf nnatioo, FY OE CREDIT01.6 Our it t;u_ry 3f c<czc.itors indicated that Kenneth L. Arnett resideO 01. 5260 \'Ve ttv i le Road, Snola, PA 17025. i1. INCTELEPHONE COMPANY A. I.)Ilfl-.C.:'.i'0101 a` Sl5'1 ANCE SEA ITII Our c f.iee searched directory assistance databases, which had not 51(04 for Kenneth 0. . B. On 06-27-14 our office searched directory assistance databases, which had mi plume 00 Arnett. i.)u_r office was unable to locate any heir for Kenneth L. Arnett. 'or Ke; III. OBITUARY SEARCH A. Attempted to find obituary via 'http://oa.newsbank.com. f3. Found obituary published January 25, 2010 in the Patriot -News; The (I larrisburlr, PA). See attached. IV, INQUIRY 0= HEIRS AND NEIGHBORS On 06-27-1.4 our office was unable to locate any information for NlcCasiin V uy hn Arnott, relative of Kenneth 0. Arnett. On 06-27-14 our office was unable to locate anv information for C IV L. Bower Arnett. On 06-2744 our office i as unable to locate any information for Darwin, relative of Kenneth L. Arnett. On 0( -27-14 our office was unable to locate any information for Gwenn, relative ut Kenneth L. Arnett. On (6-27-1.4 our office was unable to locate any information for Amanda, relative of Kenneth L. Arnett. On 06-2744 Our office was unable to locate any rn orxnaticzn for Jessie, re akive .)f Kenneth ....Arnett:. On 06-2744 our office was unable to locate any information for Shania, relative of Kenneth L. Arnett. On Go -27-14 -14 our office was unable to locate any information for Zachary, relative of Kenneth 1. Arnett. On 06-27-14 our other_ was unable to locate any information for Wayne Arnott, relative of Kenneth L. Arnett, On 06-27-14 our office was unable to locate any information tor Hart Whalen, relative of Kenneth 0. Arnett. On 06-27-14 our office was unable to locate any information for David, relative sf .Kenneth f-. Arnett. On 1)6-27-14 aur office to>as unable lo locate any information for Wyatt :r'Jliam Arnett,. relative of Kennet h L. Arnett. On 06-27-14 OUT office was ratable to locate any information for Mare Agnes Jacl son, relative of Kenneth Arnett. Cht 06-27-14 our office was unable to locate arm information for McCaslin 'Jackson, relative of Ken)totb 1 Amen. c)f avermaalun 1105-uul\, Immmu b:Aaelon Ch: 2.7 ;4 oui ofilee ,itervipted ....... irme,. hi(s-ii hjeiv Cumberland:, 0117070, bat iv,e, gist am,' pludie raimisu lin our ()Ificu 133<1< <1 t(r)r1:1,-,d H‘: PA 172.57 1U1 vos na1 0 le gel am, phone ninnaaer On 06-27-14 our ()niceattempted to contact. 1 iii1 Paul Arnutt, reiatesm 1 Kumleth L. Arnett ab 2,13 ibammul Avunum Lemoyne,. Pa\ 11 313, but was 0133 '0- lo get ;my pbolie number kir hinb 14 our office, atienTted to contact Viayte Arnett Hart. relative o, Al5,01t 13 515 i01e hirive„ <5.1 535.1<01 PA 17110, but W.35 linable t get any phone number for him. Ott 06-27-14 our office attempted to contact Beth A. "%men, potential relativ-e. of Kenneth I- Arnett at: 200 Leonard .Street, .Apartment 212, Marysville, PA 17053, but was unable to get any phone number for her. On 06-27-14 our office attempted to contact Michael W. Arnett, potential relative ot Kenneth 0. Arnett at: :3(1)26 Pittman Center Road, Sevierville, TN 37876, but was unable to get any phone number for tins. On 06-27-14 our office attempted to contact Keith P. Arnett Jr., potential relative 01 Kenneth 1,. Ainett at: 836 West Street, Lewisberry, l'A 17339, but was unable to get any phone number for her. On 06-27-14 our office attempted to contact Keith 0. Arnett, potential relative of K.ennethi.„ Arnett at: 36 Pheasant Court, Mechanicsburg, PA 17055, but was unable to get any phone number for him. On 06-27-14 our office made several phone calls in an attempt to contact Gwen E. Arnett, relative of Kenneth L. Arnett at (717) 732-6946, 514 3'3 Street, Apartment J, Enola, PA 17025: ansvvering, machine. On 06-27-14 our office made several phone calls in an attempt to contact Both A. Vaughn -Arnett, relative of Kenneth L. Arnett at (717) 732-4577, 200 Leonard Street, Apartment 212„ Marysviile, PA 17053: answering machine. On 06-27-14 our office made several phone calls in an attempt to contact Diana K. Arnett, potential relative of Kenneth 0. Arnett at (717) 763-0158, 8 Sussex Road, Camp Hill, PA 17011: answering machine On 06-27-14 our office made a phone call in an attempt to contact Cars -4 Anne Arnett, potential relative ot Kenneth 0. Arnett at (407).397-9892, 65 Windsor Drive, Kissinunee, FL 34746: spoke with an unidentified female who could not confirm any heir information for subject. On 06-27-14 our office made several phone calls in an attempt to contact Kim A. Stoner, neighbor of the subject at (717) 732-2000, 5195 Wertzville Road, Lnola, 02<17025. answering machine. On 06-27-14 our office made several phone calls in an attempt to contact Adam W. Kanaskie, neighbor of the subject 01 (7:17) 732-1061, 5215 Wertzville Road, Enola, PA 17025: answering machine. On 06-27-14 our office made a phone call in an attempt 10 contact Dale W. Waggoner, neighbor of the subject at (717) 732-1942, 5245 Wertzville Road, Enda, PA 17025: spoke with an unidentified male who could not confirm any heir information for subject. On 06-27-14 our office made a phone call in an attempt to contact Timothy Knaub, neighbor of the subject at (717) 957-4630, 200 Ictonard Street, Apartment HO, Marysville, PA 17053: disconnected. On 06-27-14 our office made several phone calls in an attempt to contact Iacy A England, neighbor of the subject at (717) 957-3379, 200 Leonard Street„Apartment 102, .Marysville, PA 17053: no answer. Do 06-2,714 m m& 2G' ( \ we reviewed the m Amell 3 iMmzvilleRo Enoi.FA1703. emTo3»EACTIVE flRINSFS Per Ozinqu Marysville, I » „mmam le a:+ an mwz VI OTHER INQUIRIES « D£: » RECORDS As of 06-2744 «W 2«, all public Q VII. ADDITIONAL IN A' >N 00 BLC1 A. YEAR OF BIRTH. Kenneth L. ,m - 1946 B. DATE OF DEATH }Kenneth L. Gee -2= 01-23-2010 11 y Ie 9 t. non 22, lea e 11le K m3 L nm Our e I databases have been checked and croe encs for the al )VC namedmed i&ice!R. Please he advised our databasedatabase laa tion ind@,t! subject resides at tlie current address. I:eby verity that statem.entsma, herein are trueaI correctm the bestof my knowledge, int man and belief and that this affd e of investigation is made subject aur penalties of 18 Pa CS. Sec.4901 relating to s,:falsification taut « ve mwnis obtained from a.vailable public fecord.s and WO MT. mi liable for the 7.0St2 the affidavit r i)bits:'lrchive.c;ortr: a_)octurierrt Display ObitsArcltive.cotn Patriot -News, The (H_arrisburg, PA) Deceased Name: IK.cnneth L. Hambonci Arnett :Lanes I t, 1'eottrty, MD ,meg D Ilett u ML), MP11.. 1 2010 at home surrounded by of three :sons, Jack, Hugh and Brenda .) .lune 9, (Bonner) [legally of Harrisburg and the late Michael t hr. p u 1�and avaa Jc _nmarr 1�'... 1962 in11airi hii a ho was son 1f y. luary 21, d the father "}er ine Or. Hegarty was Professor and Chair of Psvchiatr} a the Pc an : ,6r e . 1ir,c. S. Hershey Medical Center and served as an instructor at Harvard Medical School. Among his many professional accomplishments, James was the founding medical director of the Pennsylvania Psychiatric Institute in Harrisburg and the Summit Behavioral Health Services in Chambersburg. He was a Distinguished Fellow in the American Psychiatric Association, vice-president of the .PA, Psychiatric Society and a past president of the Central PA Psychiatric Society. James was a native of Harrisburg and a 1980 graduate of Bishop McDevitt High School, Harrisburg, PA. He obtained a BA degree in Biology from Oberlin College 011 in 1984, a Master of Public Health degree from Columbia University in 1988, Medical Degree from Pennsylvania State -Hershey, PA in 1989 and a MS degree in psychiatric epidemiology from Harvard University in 1995. Dr. Hegarty pursued dual residency training in internal medicine at Massachusetts General Hospital and psychiatry at Harvard's McLean Hospital. He served as the chief resident in the Harvard's Bipolar and Psychotic Disorders program and won numerous awards including the NIMH National Service Award, the APA resident research award and Laughlin Fellowship. Surviving in addition to his wife, sons and mother are his brothers Michael and wife Rose of Dallas, TX, John of Harrisburg, and Hugh of Philadelphia; as well as his in-laws Jack and Jean O'Donnell of Lancaster, his sister -in-laws Patty O'Donnell of Columbia MD, Mary DiGiandomcnico and husband Carmen of Loveland. OH, Christine Tyndall and husband Andy of Hollidaysburg, PA and Laura Heilman and husband Joel of Newtown Square, PA. James had many aunts and uncles and was himself the proud uncle to three nieces and six nephews. Mass of Christian Burial will be celebrated at 10: 30 AM Tuesday at St. Katharine Drexel Catholic Church, 1 Peter Drive, Mechanicsburg, with the Rev. Stephen D. Weitzel as celebrant. A time of visitation will be held from .5: 30 to 7: 30 PM Monday at Mafpezzi Funeral Home, Mechanicsburg. Those wishing to share a special memory or story from Jim's life are invited to do so at a Remembrance Service beginning at 7: 30 PM Monday at the funeral home. In lieu of flowers, memorial contributions may be made to either the PA Psychiatric Institute, 2501 North 3rd Street 17110, attn: A. Bilonick, Harrisburg, PA 17110 or to the Bishop McDevitt High School Capital Campaign, 2200 Market Street, Harrisburg, PA 171.03. To sign the online guest book, please visit malpezzifuneralhonc.com * Kenneth L. (Ilambone) Arnett 11ttp://www.ohitsarchive.com/oa-search/we/Archives?p_action=print&p__docid=12DC6FB... 6/27/2014 ObitsAiehlve..coni: n I,. (Bone) Arnett, 6 i o1 Enola, entered 1: <. mb r- 2 1946 in ( (._;.hn 1c r)41) A. g;ya) !. pre-dccc- Sed C (Shirley) .- IB IeCa.:$in. II is siffy] - by ins ,v..l_:; L. 13, e> ani liu. husband Amanda, Jessie. Shaun) and her husband David, Wyatt William Arnc nephews, his mother-in-law \1 i A in s ;McCas children, side, Pare 2 of 2 -.1 lie Cn .1 i n €'l' 21 2010 ,.:t lionie. lle 4v'aS ortn snr '.";); Exhibit "C" PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 320-0007, Ext. 1262 Fax: 215-563-3352 July 14, 2014 KENNETH J. ARNETT, Heir of KENNETH L. ARNETT, Deceased 604 3RD ST FL 3 NEW CUMBERLAND, PA 17070-2095 CHRISTINA L, ARNETT, I leir of KENNETH L. ARNETT, Deceased 4 BARRY CIR SHIPPENSBURG, PA 17257-8208 RE: BETH A. VAUGHN-ARNETT and KENNETH L. ARNETT; 5260 WERTZVILLE ROAD, ENOLA, PA 17025-1280; CITIMORTGAGE, INC.; PH # 949141 Dear Sir/Madam(s): Kindly be advised that the Law Offices of Phelan Hallinan, LLP represent CITIMORTGAGE, INC., the holder of the mortgage against the above -referenced mortgaged premises. Our office has been retained to bring a foreclosure action. Our office has been informed of KENNETH L. ARNETT's unfortunate death. We are sorry for your loss. As a possible heir of KENNETH L. ARNETT, you may have a vested ownership interest in the mortgaged premises upon his death under 20 Pa.C.S.A. §301(b). As such, Pennsylvania law requires that you be included as a defendant solely in your capacity as heir in order to complete the foreclosure. Please be advised that you are not personally liable for the debt, as you did not execute the mortgage or note. This letter serves to afford you an opportunity to waive your right to be named as a defendant in the foreclosure action. Please find attached a Waiver which I would appreciate your executing and returning to thc undersigned within fourteen (14) days of the date of this correspondence. If the Waiver is timely returned it will not be necessary to name you as a defendant in the foreclosure action. However, if the Waiver is not timely returned and it is believed that you are an heir of the decedent, then our office may have no choice but to name you as a defendant in the action in order to divest any ownership interest you may have in the property. * This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. Our Office also requests that you please provide us with any additional heir information for KENNETH I. ARNETT, Deceased. Thank you for your cooperation in this regard. Please note that this waiver does not preclude you from attempting, to sell the subjetl premises :tncl recovering any possiNc equity in the mortgaged premises prior to the completion of the foreclosure action, We would encourage you to contact your own attorney in regard to this matter. lf you would like to request a payoff or reinstatement figure, please call (215) 563- 7000, and ask for the Foreclosure Resolution Department. If you have any other questions regarding this letter, please contact a representative of our firm's Decedent Department at (215) 320-0007, Ext. 1262. Sincerely, Jo/11 than 1,obb, Esq., Id No.312174 Attorney for Plaintiff * This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, I NNE' 3. ARNE l T, Heir of KENNETH L. ARNETT, Deceased.. hereby acknowledge that l may have an ownership interest in the property located at 5260 WERTZVILLE ROAD, ENOLA, PA 17025-1280, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)]. I do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa.RC.P. 1 141 et seq., which may be instituted by CITIMORTGAGE, INC., involving said property, which property was owned by the decedent at the time of his death. 1 hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff's sale of the mortgage premises. Date: KENNETII J. ARNETT. Heir of KENNETH L. ARNETT, Deceased WAIVER BY HEIR OF RIGHT TO 13E NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, CHRISTINA L. ARNETT, Heir of KENNETH L. ARNETT, Deceased, hereby acknowledge that I may have an ownership interest in the property located at 5260 WERTZVILLE ROAD, ENOLA, PA 17025-1280, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)}. 1 do hereby waive my right to be named as a defendant in a foreclosure action as provided by Pa:R.C,P. 1141 et seq., which may he instituted by CITIMORTGAGE, INC., involving said property, which property was owned by the decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff's sale of the mortgage premises. Date: CHRISTINA L. ARNETT, Heir of KENNETH L. ARNETT, Deceased Exhibit "D" WAIVER BN. HEM oin RIGHT To BE NA \JED AS A DEFENDANT IN FORIi:CLOSI;RE A( 'HON CHRISTINA L. ARNEIT, KENNE rf ARN-riTT, Deceased, hereby acknowledge that 1 may have an ownership interest in the pi operty located in .5260 WERTZVILITti ROAD, ENOLA, PA 17025 4280, in accprdnnee with Section 301(b) of the Pennsylvania 'Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)j: 1 do hereby waive my right to be named as a defendant,In a foreclosayaction t N-oyided by Pa.R,C,P. 1141 et seq., which may be instituted by CITIMORTGAGE, INC.. involving said property, which property was owned by the decedent at the time of his death. 1 hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriff's sale, and understand that any interest I may have in the mortgaged premises will he divested upon completion of the foreclosure action. I do retain any and all rights I inay have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff's sale of the mortgage premises. L. AkNETT, Heir of KENNETH I_ ARNETT, Deceased ) Exhibit "E" PHELAN HALLINAN. LLP Michael Dingerdissen, Esq., Id. No.317124 1617 JFK Boulevard, Suite 1400 One Penn Center Plata Philadelphia, PA 19103 Michael. Dingerdissen@phelanhallinan_com 215463-7000 CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE O'FALLON, MO 63368 Plaintiff V. BETH A. VAUGHN-ARNETT A/K/A BETH A. ARNETT 200 LEONARD STREET, APARTMENT 212 MARYSVILLE, PA 170534126 KENNETH J. ARNETT, in his capacity as Heir of KENNETH L ARNETT, Deceased 604 3RD ST FL 3 NEW CUMBERLAND, PA 17070-2095 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER KENNETH L ARNETT, DECEASED 5260 WERTZVILLE ROAD ENOLA, PA 17025-1280 File #: 949141 Defendants F1LED-OFF1C OF THE PROTHONO1AR< 1814 0CT 13 AM 11 : Oa CUMBERLAND COUNTY N A TY ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION PERM NO. 8- b033 — CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE ACANCaNray ERSI COPY P141a We hereby certifythatwithin to be a true and correct copy of the original filed of record s i C 0 N A s E C T I 0 N Supreme Co>o>II�t oI Con The n,. I1110110r1 ColleCled tri% .''ttl_� 1V1"in is Giul i a,iim nlstrat,on pp -poses. This.form does no l td 1 IE,nc.'!1t or rcpkic'e the filing and service )% pli'ltelin,,s or other pokers as r erpitl i d .by law or rides of cout. Commencement of Action: Complaint El ;Frit orSummons ❑ Petition J Declaration of Taking ❑ Transfer from Another Jurisdiction Lead Plaintiffs Name: (;11'1\1ORTG GE, INC. bead Defendant's Name: BETH -A. VAIJGHN-ARNETT A;K'y BETH A. ARNETT Are money damages requested? ❑ Yes N No Is this a Class Action Suit? Dollar Amount Requested: ❑ within arbitration limits (Check one 0 outside arbitration limits ❑ Yes C No is this an MDJ Appeal? 0 Yes 1i No Name of PlaintiffAppellant's Attorney: Michael Dingerdissen, Esq., Id. No.317124, 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) ❑ Intentional ❑ Malicious Prosecution ❑ Motor Vehicle 0 Nuisance ❑ Premises Liability ❑ Product Liability (does not include mass tort) 0 Slander/Libel/ Defamation ❑ Other: MASS TORT ❑ Asbestos 0 Tobacco ❑ Toxic Tort - DES 0 Toxic Tort - Implant ❑ Toxic Waste ❑ Other: PROFESSIONAL 0 Dental 0 Legal ❑ Medical ❑ Other Professional: IABILITY Pa.R.C.P. 205.5 CONTRACT (do not include Judgments) 0 Buyer Plaintiff 0 Debt Collection: Credit Card 0 Debt Collection: Other ❑ Employment Dispute: Discrimination 0 Employment Dispute: Other 0 Other: REAL PROPERTY 0 Ejectment 0 Eminent Domain/Condemnation 0 Ground Rent ❑ Landlord/Tenant Dispute ® Mortgage Foreclosure: Residential 0 Mortgage Foreclosure: Commercial 0 Partition ❑ Quiet Title ❑ Other: CIVIL APPEALS Administrative Agencies ❑ Board of Assessment 0 Board of Elections 0 Dept. of Transportation ❑ Statutory Appeal: Other ❑ Zoning Board 0 Other: MISCELLANEOUS 0 Common Law/Statutory Arbitration ❑ Declaratory Judgment ❑ Mandamus 0 Non -Domestic Relations Restraining Order 0 Quo Warranto ❑ Replevin ❑ Other: Updated 01/01/2011 NOTICE You. have been sued in C:2ourt. 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 INFORMATIONABOUT 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 949141 PHELAN HALLINAN, LLP Michael Dinzardissen, Esq., Id. No.317124 1617 JFK Boulevard, Suite 1400 One Penn Cancer Plazu Philadelphia, PA 19103 Michael.Dingerdissen(L4helanhallinan.com 215-563-7000 ATTORNEY FOR PLAINTIFF CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE COURT OF COMMON PLEAS O'FALLON, MO 63368 CIVIL DIVISION Plaintiff TERM BETH A. VAUGHN-ARNETT A/K/A BETH A. NO. ARNETT 200 LEONARD STREET, APARTMENT 212 CUMBERLAND COUNTY MARYSVILLE, PA 17053-1126 KENNETH J. ARNE,1 1, in his capacity as Heir of KENNETH L. ARNETT, Deceased 604 3RD ST FL 3 NEW CUMBERLAND, PA 17070-2095 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER KENNETH L. ARNETT, DECEASED 5260 WERTZ-VILLE ROAD ENOLA, PA 17025-1280 Defendants CIVIL ACTION LAW COMPLAINT IN MORTGAGE PORECLOSIJR File 0: 949141 Niiiivirr CITIMORTGAGE, INC. 1000 TECHNOLOGY DRIVE O'EALLON, MO 63368 The name(s) and last known address(es) of the Defendant(s) are: BETH A. VAUGHN-ARNETT A/K/A BETH A. ARNETT 200 LEONARD STREET, APARTMENT 212 MARYSVILLE, PA 17053-1126 KENNETH J. ARNETT, in his capacity as Heir of KENNETH L. ARNETT, Deceased 604 3RD ST FL 3 NEW CUMBERLAND, PA 17070-2095 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER KENNETHC. ARNETT, DECEASED 5260 WERTZVILLE ROAD ENOLA, PA 17025-1280 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/24/2007 BETH A. VAUGHN-ARNETT and KENNETH L. ARNETT made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR DELTA FUNDING CORPORATION, which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1990, Page 4596. By Assignment of Mortgage recorded 11/1512013 the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Assigrunent of Mortgage Instrument No. 201336816.The mortgage and assignment(s), if any, are mutters of public mord and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule Fik#: 94914i ieheves thc Plaintiff from its c.)bli,4:.itions to attach documents to pleadings if those documents arc of public record. 41. 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 07/01/2013 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure ofMortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage as of 10/18/2014: . _ Principal Balance $68,721.38 Interest $9,852,72 06/0112013 through 10/18/2014 Accumulated Late Charge Balance $0.00 Escrow Advance Balance $1,580,84 TOTAL $80,154.94 7. Plaintiff is not seeking a judgment of personal liability (or an in min judgment) against the Defendant(s) in the Action; however, Plaintiff re.serves 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 File*: 949141 stay tr. provided by said noticc., terminated bee.atre Defendant(s) ligslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Auency. 9. Mortgagor KENNETH L. ARNE,11 died on 8112312010, and upon information and belief, his surviving heirs are KENNETH J. ARNETT and CHRISTINA L. ARNETT. 10. Plaintiff's representative contacted the Register of Wills ofCUMBERLAND COUNTY and was informed that no estate has been raised on behalf of the decedent mortgagor. 11. By executed waiver, CHRISTINA L. ARNETT waived her right to be named as a defendant in the foreclosure action. Said waiver is attached as Exhibit" A ". 12. Plaintiff hereby releases KENNETH L. ARNETT, from liability for the debt secured by the mortgage: 13; 'Plaintiff does not hold the named Defendant, KENNETH J. ARNETT, personally liable an this cause of action. This action is being brought to foreclose the interest of the said Defendant in the aforesaid real estate only, and the Defendant has been named in accordance with the requirements of Pa R.C.P. 1 144(a)(2) and 20 Pa.C.S.A. § 301(b). WHEREFORE, Plaintiff demands an in Lem judgment against the Defendant(s) in the sum of $80,154.94, together with interest, costs, fees, and charges collectible under the mortgage including but not Ihnited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. By: Filc 949i4I PHELAN HALLINAN, LLP Michael Dingerdissen, Esq., Id. No.317124 Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract of land together with the improvements thereon erected situate in the township of Hampden, county of Cumberland and state of Pennsylvania, more particularly bounded and described according to the survey and plan thereof made by Charles W. Jenkins, registered surveyor, dated January I I, 1974, as Follows, to wit: BEGINNING at a point marked by a spike in the center line of the state highway known as the Wellsville road (L.R. 569), which said point is at the corner of lands now or late of Harriet Raudabaugh: thence extending along the center line of Wertzville road (L.R. 569), south 85 degrees 57 minutes west 243.09 feet to a spike in the center line of said road at corner of lands now or formerly of Harriet Raudabaugh and passing through an iron pin located 17.4 feet from the center line of said road, north 05 degrees 45 minutes east, 151.90 feet to a post; thence along the line of lands of the same, north 85 degrees 53 minutes east 229.42 feet to a post; thence still along the line of said lands now or late of Harriet Raudabaugh and passing throughan iron pin located 23.75 feet north of the center line of the Wertzville road, south 00 degrees 36 minutes west 150.45 feet to a spike in the center line of the Wertzville road (L.R. 569) aforementioned , at a point and place of beginning. PROPERTY ADDRESS: 5260 WERTZVILLE ROAD, ENOLA, PA 17025-1280 PARCEL #10-13-0993-012. Filc N: 949141 EXH A VER BY HEIR OF RIGHT TO BE NAMED DEFENDANT IN FORECLOSURE ACTION 1, C [IRI 'i'INA I,. ARAM' r1-1c-ir cif KENNETT L. AT J3TT, Dec 1€>reb att'I+:Iedge [hat 1 may have an o, e rshipi ii test in tlta Fawwpe1ty located al 5260 WE R'1':/V11,1.1 ROAD, ENO(A, PA, 171.I2.5-1280, in xrordi,nc with Section O1(b} of tl c P[vault, Probat ., l;snues and Fiduciaries Code [ 20 Pa (' S.A, Seetiuii 301(h)1, [do hereby waive my right to be named as a ,defendant.ui a, tot;e;clos>lus,;i3ctton is provided by Pa.R.C.P; 1141 ct seq., which may be instituted by C I'1'iivIORTu u,E, INC., involving said property, which property was owned by the decedent at the time of his death. I hereby consent to the foreclosure,action, without any further notice of said action, including but not limited to the Sheriff's sale, and understand that any interest Inlay have in the mortgaged premises will be divested upon.cotnpletion of the foreclosure action. I do retain any and all rights I may have under Pennsylvania law to reinstate or otherwise payoff the underlying debt or to make any claim for excess proceeds generated by the Sheriff's sale of the mortgage premises. Dia IR 'TINA L. ARNETT, Heir of KENNETH L. Al NETT, Deceased VERIFICATION ")./.:L(14,,eilereby stales that he, etoltt/yi' 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. File#: 949141 Name: VAUGHN-ARNETT File #: 949141 AFFIANT By: Printed name: Title: Vice President — Document Control Employed by CitiMortgage, Inc. Plaintiff: CITIMORTGAGE, INC. Date: Phelan Hainan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 715-563-7000 VAXO: 215-568-7616 October 29, 2014 BETH. A. V.A.UGHN-ARNETT AIICIA BETH A. / 200 LEONARD STIZEET, APARTMENT 212 MARYSVILLE, PA 17053-1126 KENNETH J. ARNETT 604 3R1) ST FL 3 NEW CUMBERIAM), PA 17070-2095 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER KENNETH L. ARNETT, DECEASED 5260 WERTZVILLE ROAD ENOLA, PA 17025-1280 RE: CITIMORTGAGE, INC. vs. BETH A. VAUGHN-ARNETT A/K/A BETH A. ARNETT ET AL. Civil Docket No. 14-6033 Dear Defendant: Enclosed please find a copy of my proposed Motion for Special Service of the Complaint and all future pleadings and Order. In accordance with CUMBERLAND County Local Rule 208.3(9) I ani seeking your concurrence with the requested relief Please respond to me within one week, by .1i/411f_, Should you have any further questions or concerns, please feel free to contact me. Otherwise, please be guided accordingly. Sincerely, Adam H. Davis, Esq., Id. No.203034 # 949141/MIR Name and Address Of Sender Line Article Number Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 NRU/BSD Name of Addressee, Street, and Post Office Address 2 **** 3 4 Beth A. Vaughn -Arnett a/k/a Beth A. Arnett 200 LEONARD STREET APARTMENT 212 MARYSVILLE, PA 17053-1126 Kenneth J. Arnett, in His Coaled) as Heir of Kenneth I,. Arnett, Deceased 604 3RD ST FL 3 NEW CUMBERLAND. PA 17070-2095 Total Number of Pieces Listed by Sender Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Tide or Interest From or Under Kenneth L. Arnett, Deceased 5260 WERTZVILLE ROAD ENOLA, PA 17025-1280 RE: BETH A. VAUGHN-ARNETT A/K/A BETH A. ARNETT (CUMBERLAND) TEAM 4 PH # 94914111021 Page 1 of 1 Total Number of Pieces Received at Post Office Postmaster, Per (Name of Receiving Employee) Postage $0.48 $0.48 $0.48 $1.4 The full declaration of value is required on all (limiest's: and international registered mail. The maximum indemnity payable lot. the iccon,truction nonnegotiable documents wider Express 1aiI document !econ•aillt11(111 inSUranCe is S50,000 per piece subject to a limit of S500.0110 !lei iiccurrence. The maximum indemnity payableon . 1= ..xpress Mail meichandise s S500. The maximum indemnity payable i 25.000 tor recd mail sot with optional insurance. See Domestic Nlail Manual R900 S,.) and S9.21 for limitations of coverage. Form 3877 Facsimile PH # 949141/M1R f:Tri-CE CF Pk0 liONOTAiiY 2011/NO•V "7 P11 55 C(11.113ER.L/IND COUNTY .PEHNSYLVANIA Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. vs. BETH A. VAUGHN-ARNETT A/K/A BETH A. ARNETT KENNETH J. ARNETT, in his capacity as Heir of KENNETH L. ARNETT, Deceased UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER KENNETH L. ARNETT, DECEASED COURT OF COMMON PLEAS CIVIL DIVISION NO. 14-6033 CIVIL CUMBERLAND COUNTY PRAECIPE TO RELEASE PARTY DEFENDANT AND CORRECT CAPTION AND AFFIDAVIT OF RELEASE OF LIABILITY PURSUANT TO Pa. R.C.P. RULE 1144(b) 1) Plaintiff, CITIMORTGAGE, INC., by and through its counsel, Phelan Hallinan, LLP, hereby releases Kenneth J. Arnett and the Unknown Heirs, Successors, Assigns, And All Persons, Firms Or Associations Claiming Right, Title Or Interest From Or Under Kenneth L. Arnett, Deceased, as Party Defendants in the within foreclosure action in accordance with Pa. R.C.P., Rule 1144(b). ck.Sc) C,04 14T13,-19 6 g,it SI 3(4'1 2) Plaintiff erroneously named Kenneth J. Arnett, in his capacity as Heir of Kenneth L. Arnett and the Unknown Heirs, Successors, Assigns, And All Persons, Firms Or Associations Claiming Right, Title Or Interest From Or Under Kenneth L. Arnett, Deceased. 3) By virtue of deed dated March 12, 1992 and recorded March 12, 1992 in Book 35-0, Page 80 of the Cumberland County Recorder of Deeds office the property was owned by Beth A. Vaughn -Arnett and Kenneth L. Arnett as tenants by the entireties. 4) Upon the death of Kenneth L. Arnett on January 23, 2010 title vested in defendant, Beth A. Vaughn -Arnett. 5) By deed dated March 4, 2013 and recorded March 4, 2013 under Instrument # 201306904 in the Cumberland County Recorder of Deeds office Beth A. Vaughn -Arnett conveyed title to the property to herself. 6) Plaintiff is hereby proceeding with foreclosure against named defendant Beth A. Vaughn -Arnett and hereby releases Kenneth J. Arnett and the Unknown Heirs, Successors, Assigns, And All Persons, Firms Or Associations Claiming Right, Title Or Interest From Or Under Kenneth L. Arnett, Deceased as they have no equitable interest in the property. Please remove Kenneth J. Arnett and the the Unknown Heirs, Successors, Assigns, And All Persons, Firms Or Associations Claiming Right, Title Or Interest From Or Under Kenneth L. Arnett, Deceased from the case caption. Because Kenneth J. Arnett and the Unknown Heirs, Successors, Assigns, And All Persons, Firms Or Associations Claiming Right, Title Or Interest From Or Under Kenneth L. Arnett, Deceased are released as Party Defendants, please remove them from the case caption accordingly. PHELAN HALLINAN, LLP Dated: /0/3//7 By: Adam Davis, Esq., I.D. No. 203034 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 • CITIMORTGAGE, INC. vs. BETH A. VAUGHN-ARNETT A/K/A BETH A. ARNETT KENNETH J. ARNETT, in his capacity as Heir of KENNETH L. ARNETT, Deceased UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER KENNETH L. ARNETT, DECEASED COURT OF COMMON PLEAS CIVIL DIVISION NO. 14-6033 CIVIL CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to Correct Case Caption and Release defendants Kenneth J. Arnett and the Unknown Heirs, Successors, Assigns, And All Persons, Firms Or Associations Claiming Right, Title Or Interest From Or Under Kenneth L. Arnett, Deceased was sent via first class mail to the following on the date listed below: Beth A. Vaughn -Arnett a/k/a Beth A. Arnett 200 Leonard Street, Apt. 212 Marysville, PA 17053-1126 Kenneth J. Arnett 604 3rd Street, Fl 3 New Cumberland, PA 17070-2095 Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest from or Under Kenneth L. Arnett, Deceased 5260 Wertzville Road Enola, PA 17025-1280 Charles E. Petrie, Esq. 3528 Brisban Street Harrisburg, PA 17111 By: PHELAN HALLINAN, LLP Adam Davis,,Esq, I.D. No. 203034 Attorney for Plaintiff THE PRO TOH 4 i' 2I:1111NOV 19 AM 8: v6 CUMBERLAND COUNTY • PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. vs. COURT OF COMMON PLEAS CIVIL DIVISION NO. 14-6033 BETH A. VAUGHN-ARNETT A/K/A BETH A. ARNETT CUMBERLAND COUNTY ET AL. AND NOW, this /S` ORDER day of Neu r 4- , 2014, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of court, it is hereby; ORDERED that Plaintiff may obtain service of the Complaint and of the Notice of Sheriff's Sale as authorized by Pa.RCP. 3129.2 (c)(1)(i)(C), on the Defendant, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CL _ALMING RIGHT, TITLE OR INTEREST FROM OR UNDER KENNETH L. ARNETT, DECEASED, by publication of the Complaint in accordance with Pa.R.C.P. 430(b)(1); by First Class mail at the mortgaged premises located at 5260 WERTZVILLE ROAD, ENOLA, PA 17025-1280, and by posting of the mortgaged premises at 5260 WERTZVILLE ROAD, ENOLA, PA 17025-1280 by the Sheriff or by a non-party competent adult. Service by mail is complete upon the date of mailing. PH # 949141/M1R It is further ORDERED and DECREED that, counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to assure compliance with this court order. PH # 949141/M1R Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza +.,$ Philadelphia, PA 19103 215-563-7000 C1TIMORTGAGE, INC Plaintiff v. BETH A. VAUGHN-ARNETT A/K/A BETH A. ARNETT Attorneys for Plaintiff Court of Common Pleas Civil Division CUMBERLAND County Defendant No.: 14-6033 CIVIL MOTION TO VACATE ORDER 1. On October 13, 2014, Plaintiff initiated the captioned foreclosure action on the mortgaged premises known and numbered as 5260 WERTZVILLE ROAD, ENOLA, PA 17025- 1280. 2. Plaintiff was unable to serve the Complaint and as a result Plaintiff filed a Motion for Service Pursuant to Special Order of Court. A true and correct copy of Plaintiff's Motion is attached hereto, made part hereof, and marked as Exhibit "A". 3. The Motion was granted by the Court on NOVEMBER 18, 2014. A true and correct copy of the Order granted on NOVEMBER 18, 2014 is attached hereto, made part hereof, and marked as Exhibit "B". 4. Real Owner KENNETH L. ARNETT died on January 23, 2010. Attached hereto marked as Exhibit "C" is a copy of the Social Security Death Master File Search verifying the date of death. 5. Plaintiff filed a Praecipe to release Defendant and correct caption for KENNETH J. ARNETT, in his capacity as Heir of KENNETH L. ARNETT, Deceased and UNKNOWN 949141/ALG HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER KENNETH L. ARNETT. DECEASED on November 17, 2014. A true and correct copy of Plaintiff's Praecipe to Release Defendant and correct caption is attached hereto, made part hereof, and marked as Exhibit "D". 6. Through inadvertence or mistake, Plaintiff erroneously filed a Motion for Special Service upon UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING -RIGHT, TITLE OR INTEREST FROM OR UNDER KENNETH L. ARNETT, DECEASED as mentioned in Paragraph 3. 7. The Court Order was inadvertently entered in error due to the release of the Defendant. WHEREFORE, Plaintiff respectfully requests that the Court vacate its NOVEMBER 18, 2014 Order for Special Service. Date: 949141/ALG Respectfully submitted, 1 I Phelan Hallinan, LLP VI By: y fkeni.)01/P PETER WAPNER, Esq., Id. No.318263 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. Plaintiff v. BETH A. VAUGHN-ARNETT A/K/A BETH A. ARNETT Attorneys for Plaintiff Court of Common Pleas Civil Division CUMBERLAND County Defendant(s) No.: 14-6033 CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO VACATE ORDER i. PROCEDURAL HISTORY The instant action is a mortgage foreclosure commenced by the filing of a complaint on October 13, 2014. Defendant(s), UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER KENNETH L. ARNETT, DECEASED was not served with a copy of the Civil Action Complaint. Plaintiff filed a Motion for Service Pursuant to Special Order of Court on or about November 13, 2014. The Motion was granted on November 18, 2014. Plaintiff filed a Praecipe to release the Defendant on November 17, 2014. The Court Order was inadvertently entered in error due to the release of the Defendant. Accordingly, Plaintiff respectfully requests that the Court vacate the NOVEMBER 18, 2013 Order for Special Service. 949141/ALG ii. LEGAL AUTHORITY Subsequent to filing the Motion for Service Pursuant to Special Order of Court, the Defendant was release from the foreclosure action on November 17, 2014. As such, the Order granting Plaintiff's Motion for Service Pursuant to Special Order of Court was entered after the Defendant(s) were released from the foreclosure action. Plaintiff is requesting the entry of a court order vacating the NOVEMBER 18, 2014 Order for Special Service as void due to the releasing of the Defendant(s). WHEREFORE, Plaintiff respectfully requests that the Court vacate its NOVEMBER 18, 2014 Order for Special Service. Date: Respectfully submitted, Phelan Hallinan, LLP (61--€7 koier By: PETER WAPNER, Esq., Id. No.318263 Attorney for Plaintiff 949141/ALG Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 C1TIMORTGAGE, INC Plaintiff V. BETH A. VAUGHN-ARNETT A/K/A BETH A. ARNETT Attorneys for Plaintiff Court of Common Pleas Civil Division CUMBERLAND County Defendant(s) No.: 14-6033 CIVIL CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Vacate Order and Brief in support thereof were sent to the following individual(s) on the date indicated below: KENNETH J. ARNETT, in his capacity as Heir of KENNETH L. ARNETT, DECEASED C/O CHARLES E. PETRIE, Esq 3528 BRISBAN STREET HARRISBURG, PA 17111 BETH A. VAUGHN-ARNETT A/K/A BETH A. ARNETT 200 LEONARD STREET APARTMENT 212 MARYSVILLE, PA 17053-1126 BETH A. VAUGHN-ARNETT A/K/A BETH A. ARNETT 5260 WERTZVILLE ROAD ENOLA, PA 17025-1280 949141/ALG UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER KENNETH L. ARNETT, DECEASED 5260 WERTZVILLE ROAD ENOLA, PA 17025-1280 Respectfully submitted, Phelan Hallinan, LLP Date: LAAU% 113y: VP0s—V AZ - PETER WAPNER. Esq., Id. No.318263 Attorney for Plaintiff 949141/ALG Exhibit "A" k Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. vs. BETH A. VAUGHN-ARNETT A/K/A BETH A. ARNETT ET AL. Attorney for Plaintiff ... J OURT OF COMMON PLEAS l��CNII DIVISION NO. 14-6033 CUMBERLAND COUNTY MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, CITIMORTGAGE, INC., respectfully requests that this Honorable Court enter an ORDER granting Plaintiff's Motion for Service Pursuant to Special Order of Court in the above captioned matter and in support thereof avers the following: 1. On April 24, 2007, BETH A. VAUGHN-ARNETT and KENNETH L. ARNETT made, executed, and delivered a mortgage upon the premises at 5260 WERTZVILLE ROAD, ENOLA, PA 17025-1280. 2. The loan is in default as payments due July 1, 2013 and each month thereafter are due and unpaid. 3. Real Owner KENNETH L. ARNETT died on January 23, 2010. Attached hereto marked as Exhibit "A" is a copy of the Social Security Death Master File Search verifying the date of death. 4. Plaintiffs representative contacted the Register of Wills of CUMBERLAND and was informed that no estate has been raised on behalf of the decedent mortgagor. 5. Plaintiff performed a Good Faith lnvestigation in an attempt to identify and locate the heirs of KENNETH L. ARNETT. Plaintiffs investigation located an obituary for KENNETH L. ARNETT published on January 25, 2010 in the Patriot -News. Per the obituary KENNETH L. ARNETT'S surviving heirs are his wife: BETH VAUGHN-ARNETT and children: CHRISTINA L. ARNETT and KENNETH J. ARNETT. Attached hereto, marked as Exhibit "B" is a true and correct copy of Plaintiffs Affidavit of Good Faith Investigation and Obituary. 6. By letter dated July 14, 2014, Plaintiff contacted KENNETH J. ARNETT and CHRISTINA L. ARNETT to inform them of the foreclosure action. Plaintiff attached with its letter a Waiver by Heir of Right to be Named as a Defendant. Plaintiff also requested information regarding the heirs of KENNETH L. ARNETT. Attached hereto, marked as Exhibit "C" is a true and correct copy of Plaintiffs letter. 7. By executed waiver, CHRISTINA L. ARNETT waived her right to be named as a defendant in the foreclosure action. Said waiver is attached as Exhibit "D". 8. On October 13, 2014, Plaintiff filed an Action in Mortgage Foreclosure. Attached hereto, marked as Exhibit "E" is a true and correct copy of the Complaint in Mortgage Foreclosure. PH # 949141 9. Plaintiff named as a defendant, the unknown heirs, successors, assigns, and all persons, firms or associations claiming, right, title or interest from or under the decedent record owner in order to ensure that all possible parties with an interest in said property are notified of these proceedings and in order to ensure that good and marketable title to said property is conveyed by any future sheriffs auction. See Exhibit "E." 10. Because there may be parties with an interest in the mortgaged premises that are unknown, Plaintiff must effectuate service through Special Order of Court. 11. In compliance with Cumberland County Local Rule 208.3(a)(2), Plaintiff avers No Judge has previously entered a ruling in this case. 12. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to the Defendants on October 29, 2014, and requested the Defendants' concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiffs October 29, 2014 letter pursuant to Local Rule 208.3(9) and postmarked certificate of mailing is attached hereto, made part hereof, and marked as Exhibit "F." WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint, and all future pleadings, by regular mail, by posting of the mortgaged premises, and by publication. Respectfully submitted, PHELAN HALI.,INAN, LLP Date: /,(/`Z//' By: Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PH # 949141 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. vs. BETH A. VAUGHN-ARNETT A/K/A BETH A. ARNETT ET AL. Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 14-6033 CUMBERLAND COUNTY CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the foregoing Plaintiff's Motion for Special Service was served by regular mail on Defendants on the date listed below: BETH A. VAUGHN-ARNETT A/K/A BETH A. ARNETT 200 LEONARD STREET, APARTMENT 212 MARYSVILLE, PA 17053-1126 KENNETH J. ARNETT 604 3RD ST FL 3 NEW CUMBERLAND, PA 17070-2095 PH # 949141 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER KENNETH L. ARNETT, DECEASED 5260 WERTZVILLE ROAD ENOLA, PA 17025-1280 Dated: PHELAN HALLINAN, LLP By: /c/�i Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PH # 949141 Exhibit "B" HE PRO f4�;.� 1�i !f•,. 2014 NOV 19 AH 8: 35 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. vs. COURT OF COMMON PLEAS CIVIL DIVISION NO. 14-6033 BETH A. VAUGHN-ARNETT A/K/A BETH A. ARNETT CUMBERLAND COUNTY ET AL. ORDER AND NOW, this /8 day of 1006L4/t2014, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of court, it is hereby; ORDERED that Plaintiff may obtain service of the Complaint and of the Notice of Sheriff's Sale as authorized by Pa.RCP. 3129.2 (c)(1)(i)(C), on the Defendant, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIAT CLAIMING RIGHT, TITLE M OR UNDER KENNETH L. ARNETT, DECEASED, by publication of the Complaint in accordance with Pa.R.C.P. 430(b)(T); by First Class mail at the mortgaged premises located at 5260 WERTZVILLE ROAD, ENOLA, PA 17025-1280, and by posting of the mortgaged premises at 5260 WERTZVILLE ROAD, ENOLA, PA 17025-1280 by the Sheriff or by a non-party competent adult. Service by mail is complete upon the date of mailing. PH # 949141/M1R r It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary .s office to assure compliance with this court order. BY THE COURT: PH # 949141/M1R 2314 NOy 19 i1 8: 3 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CITIMORTGAGE, INC. vs. COURT OF COMMON PLEAS CIVIL DIVISION NO. 14-6033 BETH A. VAUGHN-ARNETT A/K/A BETH A. ARNETT CUMBERLAND COUNTY ET AL. ORDER AND NOW, this /641\-- day of kly.lej4R2.014, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of court, it is hereby; ORDERED that Plaintiff may obtain service of the Complaint and of the Notice of Sheriff's Sale as authorized by Pa.RCP. 3129.2 (c)(1)(i)(C), on the Defendant, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, Of? LI. !' CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER KENNETH L. ARNETT, DECEASED, by publication of the Complaint in accordance with Pa.R.C.P. 430(b)(1); by First Class mail at the mortgaged premises located at 5260 WERTZVILLE ROAD, ENOLA, PA 17025-1280, and by posting of the mortgaged premises at 5260 WERTZVILLE ROAD, ENOLA, PA 17025-1280 by the Sheriff or by a non-party competent adult. Service by mail is complete upon the date of mailing. PH # 949141/M1R It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to assure compliance with this court order. BY THE COURT: i(624.1 J. PH # 949141/M1R Exhibit "C' Page 1 of 1 Death Master File (DMF) Profile Details for KENNETH L ARNETT SSN: Date of Birth: Date of Death: 01/23/2010 (V) (V)=(Verified) Report verified with a family member or someone acting on behalf of a family member. (P)=(Proof) Death Certificate Observed. https://www. ssdmf.com/Library/SSN/Zoom.asp?SessionID=%7B 1191E567 -516B -465F -A... 6/17/2014 Exhibit "D" GF Z P 011,011 z R Y 13O11i PH 1:55 PE1-;NS YLV,•11v1 COUNTY Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. vs. BETH A. VAUGHN-ARNETT A/K/A BETH A. ARNETT KENNETH J. ARNETT, in his capacity as Heir of KENNETH L. ARNETT, Deceased UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER KENNETH L. ARNETT, DECEASED COURT OF COMMON PLEAS CIVIL DIVISION NO. 14-6033 CIVIL CUMBERLAND COUNTY PRAECIPE TO RELEASE PARTY DEFENDANT AND CORRECT CAPTION AND AFFIDAVIT OF RELEASE OF LIABILITY PURSUANT TO Pa. R.C.P. RULE 1144(b) 1) Plaintiff, CITIMORTGAGE, INC., by and through its counsel, Phelan Hallinan, LLP, hereby releases Kenneth J. Arnett and the Unknown Heirs, Successors, Assigns, And All Persons, Firms Or Associations Claiming Right, Title Or Interest From Or Under Kenneth L. Arnett, Deceased, as Party Defendants in the within foreclosure action in accordance with Pa. R.C.P., Rule 1144(b). r c. 1413y9l 2) Plaintiff erroneously named Kenneth J. Arnett, in his capacity as Heir of Kenneth L. Arnett and the Unknown Heirs, Successors, Assigns, And All Persons, Firms Or Associations Claiming Right, Title Or Interest From Or Under Kenneth L. Arnett, Deceased. 3) By virtue of deed dated March 12, 1992 and recorded March 12, 1992 in Book 35-0, Page 80 of the Cumberland County Recorder of Deeds office the property was owned by Beth A. Vaughn-Arnett and Kenneth L. Arnett as tenants by the entireties. 4) Upon the death of Kenneth L. Arnett on January 23, 2010 title vested in defendant, Beth A. Vaughn-Arnett. 5) By deed dated March. 4, 2013 and recorded March 4, 2013 under Instrument # 201306904 in the Cumberland County Recorder of Deeds office Beth A. Vaughn-Arnett conveyed title to the property to herself. 6) Plaintiff is hereby proceeding with foreclosure against named defendant Beth A. Vaughn-Arnett and hereby releases Kenneth J. Arnett and the Unknown Heirs, Successors, Assigns, And All Persons, Firms Or Associations Claiming Right, Title Or Interest From Or Under Kenneth L. Arnett, Deceased as they have no equitable interest in the property. Please remove Kenneth J. Arnett and the the Unknown Heirs, Successors, Assigns, And All Persons, Firms Or Associations Claiming Right, Title Or Interest From Or Under Kenneth L. Arnett, Deceased from the .case caption. Because Kenneth J. Arnett and the Unknown Heirs, Successors, Assigns, And All Persons, Firms Or Associations Claiming Right, Title Or Interest From Or Under Kenneth L. Arnett, Deceased are released as Party Defendants, please remove them from the case caption accordingly. 7 PHELAN HALLINAN, 9LLP Dated: /,/� /3/KP By: Adam Davis, Esq., I.D. No. 203034 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 CITIMORTGAGE, INC. vs. BETH A. VAUGHN-ARNETT A/K/A BETH A. ARNETT KENNETH J. ARNETT, in his capacity as Heir of KENNETH L. ARNETT, Deceased UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS : CLAIMING RIGHT, TITLE OR INTEREST FROM . OR UNDER KENNETH L. ARNETT, DECEASED COURT OF COMMON PLEAS CIVIL DIVISION NO. 14-6033 CIVIL CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to Correct Case Caption and Release defendants Kenneth J. Arnett and the Unknown Heirs, Successors, .Assigns, And A11 Persons, Firms Or Associations Claiming Right, Title Or Interest From Or Under Kenneth L. Arnett, Deceased was sent via first class mail to the following on the date listed below: Beth A. Vaughn -Arnett a/k/a Beth A. Arnett 200 Leonard Street, Apt. 212 Marysville, PA 17053-1126 Dated: / p A yifier Kenneth J. Arnett 604 3rd Street, Fl 3 New Cumberland, PA 17070-2095 Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest from or Under Kenneth L. Arnett, Deceased 5260 Wertz-ville Road Enola, PA 17025-1280 Charles E. Petrie, Esq. 3528 Brisban Street Harrisburg, PA 17111 By: PHELAN HALLINAN, LLP Adam Davis,,Esq, I.D. No. 203034 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS MONROE COUNTY, PENNSYLVANIA CITIMORTGAGE, INC r_ IiEiD Oi"€i4C.C, )E.1,DEC .i6 PM 25 UMBERLANO COUNTY PENNSYLVANIA CIVIL DIVISION v. No. 14-6033 CIVIL BETH A. VAUGHN-ARNETT A/K/A BETH A/ ARNETT ORDER AND NOW, this /6 day of .ic4.0-. ►' , 2014, upon consideration of Plaintiff's Motion to Vacate Court Order, Brief in support thereof, and any opposition thereto, it is hereby: ORDERED and DECREED that the Order for Special Service entered NOVEMBER 18, 2014 is hereby VACATED. BY THE COURT: 114-1y P. tt)paociL_ 949141/ALG Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFFICE „.FTF4E Eff=Rfi== Dt: CUMBERLAND COUNTY PENNSYLVANIA Citimortgage Inc vs. Case Number Beth A Vaughn -Arnett (et al.) 2014-6033 SHERIFF'S RETURN OF SERVICE 10/14/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Beth A Vaughn -Arnett, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Perry, Pennsylvania to serve the within Complaint in Mortgage Foreclosure according to law. 10/14/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Kenneth J Arnett, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Complaint in Mortgage Foreclosure according to law. 10/14/2014 08:34 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Beth A Vaughn -Arnett, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as "Not Found" at 5260 Wertzville Road, Hampden Township, Enola, PA 17025. Property was found to be vacant. 10/16/2014 07:37 PM - The requested Complaint in Mortgage Foreclosure served by the Sheriff of Dauphin County upon Kenneth J Arnett, personally, at 209 Houston Drive, Grantville, PA 17025. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. 10/17/2014 10:15 AM - The requested Complaint in Mortgage Foreclosure served by the Sheriff of Perry County upon Beth A Vaughn -Arnett, personally, at 200 Leonard Street, Apt. 212, Marysville, PA 17053. Carl E. Nace, Sheriff, Return of Service attached to and made part of the within record. 11/07/2014 08:34 PM - Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Kenneth J Arnett, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as "Not Found" at 604 3rd Street, Floor 3, New Cumberland Borough, New Cumberland, PA 17070. Residence is vacant and to this date November 18, 2014 the New Cumberland Postmaster has not been able to provide a good forwarding address. SHERIFF COST: $166.58 SO ANSWERS, December 23, 2014 (c) CountySuite Sheriff, Toleosoft, Inc. RONR ANDERSON, SHERIFF Citimortgage, Inc Versus Beth A. Vaughn -Arnett IN THE COURT OF COMMON PLEAS OF THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA, PERRY COUNTY BRANCH No. 14-6033 Civil Term Cumb. Co. SHERIFF'S RETURN And now October 17 , 2014: Served the within name Beth A. Vaughn -Arnett the defendant(s) named herin, personally at her place of residence in Marysville Boro, 200 Leonard St., Apt. 212, Marysv Perry County, PA, on October 17, 2014 at 10:15 o'clock AM by handing to Beth A. Vaughn -Arnett, Defendant 1 true and attested copy(ies) of the within Complaint in Mortgage Foreclosure and made known to her the contents thereof Sworn and subscribed to before me this //,110 d'IL6k/0 . , o? 2iY day of COMMONW �p TH OF PENNSYLVANI,�othonota rY -NOTARIAL SEAL ' JOY S.`ZERANCE, NOTARY PUBLIC NERRY COUNTY MYY COMMISSION EXPIRES MARCH 10, 2018 Deputy Sheriff of Perry County Shelley Ruhl Real Estate Deputy Matthew L. Owens Solicitor Commonwealth of Pennsylvania County of Dauphin Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717)255-2889 Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff CITIMORTGAGE, INC. VS KENNETH J. ARNETT, IN HIS CAPACITY AS HEIR OF KENNETH L. ARNETT, DECEASED Sheriffs Return No. 2014-T-2764 OTHER COUNTY NO. 2014-6033 And now: OCTOBER 16, 2014 at 7:37:00 PM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon KENNETH J. ARNETT, IN HIS CAPACITY AS HEIR OF KENNETH L. ARNETT, DECEASED by personally handing to KENNETH ARNETT 1 true attested copy of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at 209 HOUSTON DRIVE GRANTVILLE PA 17028 Sworn and subscribed to before me this 15TH day of December, 2014 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County My Commission Expires January 8, 2018 So Answers, AV/aC___ Sheriff of D By Deputy Sheriff Deputy: W CONWAY Sheriffs Costs: $49.25 10/16/2014