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Home My WebLink About14-6294 Supreme Court of Pennsylvania Cour, 4 bir- comm�o Pleas% vtA. I For Prothonotary Use Only: @ivil,C6vef. fieet C 7 County Docket No: The information collected on this form is used solely far court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S 0 Complaint 0 Writ of Summons 0 Petition E 0 Transfer from Another Jurisdiction 0 Declaration of Taking C Lead Plaintiff's Name: CITIFINANCIAL SERVICING Lead Defendant's Name: THE HAROLD R.EMEIGH AND T LLC PATRICIA A. EMEIGH REVOCABLE LIVING TRUST IDollar Amount Requested: El within arbitration limits Are money damages requested? 171 Yes ED No 0 (Check one) 9 outside arbitration limits N Is this a Class Action Suit? El Yes 0 No Is this an NIDJ Appeal? El Yes 9 No A Name of Plaintiff/Appellant's Attorney: Michael Dingerdissen,Esq.,Id.No.317124,Phelan Hallinan,LL El 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 0 intentional 0 Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment 0 Motor Vehicle 0 Debt Collection:Other 0 Board of Elections 0 Nuisance 0 Dept.of Transportation El Premises Liability 0 Statutory Appeal: Other • Product Liability(does not S include mass tort) 0 Employment Dispute: • Slander/Libel/Defamation Discrimination E 0 Other: 0 Employment Dispute: Other 0 Zoning Board C 0 Other: T I MASS TORT 0 Other: 0 0 Asbestos N 0 Tobacco 0 Toxic Tort-DES 0 Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste 0 Ejectment 0 Common Law/Statutory Arbitration B 0 Other: 0 Eminent Domain/Condemnation 0 Declaratory Judgment 0 Ground Rent 0 Mandamus 0 Landlord/Tenant Dispute 0 Non-Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY 0 Mortgage Foreclosure: Commercial 0 Quo Warranto 0 Dental 0 Partition 0 Replevin 0 Legal 0 Quiet Title 0 Other: 0 Other: 0 Medical 0 Other Professional: Pa.R.CP. 205.5 Updated 01101120, 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#: 778268 -D PHELAN HALLINAN,LLP Michael Dingerdissen,Esq.,Id.No.317124 r 1141 .0 F, : 2 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza "' f '' ^'i f -' ATTORNEY FOR PLAINTIFF t�" ,_;. 1,i, :,,; ; i -, , Philadelphia,PA 19103 � �,...,,, Michael.Dingerdissen@phelanhallinan.com 215-563-7000 CITIFINANCIAL SERVICING LLC 6400 LAS COLINAS BLVD. COURT OF COMMON PLEAS IRVING,TX 75039 CIVIL DIVISION Plaintiff V. TERM THE HAROLD R.EMEIGH AND PATRICIA A.EMEIGH NO. REVOCABLE LIVING TRUST 465 WOLFS BRIDGE ROAD CUMBERLAND COUNTY CARLISLE,PA 17013-8837 UNKNOWN SUCCESSOR TRUSTEE OF THE HAROLD R.EMEIGH AND PATRICIA A.EMEIGH REVOCABLE LIVING TRUST 465 WOLFS BRIDGE ROAD CARLISLE,PA 17013-8837 UNKNOWN BENEFICIARIES OF THE HAROLD R.EMEIGH AND PATRICIA A.EMEIGH REVOCABLE LIVING TRUST 465 WOLFS BRIDGE ROAD CARLISLE,PA 17013-8837 SUSAN EMEIGH,in her capacity as Heir of PATRICIA A.EMEIGH, Deceased 465 WOLFS BRIDGE ROAD CARLISLE,PA 17013-8837 DAVID EMEIGH,in his capacity as Heir of PATRICIA A.EMEIGH, Deceased 644 FICKES SCHOOL RD YORK SPRINGS,PA 17372 JASON EMEIGH,in his capacity as Heir of PATRICIA A.EMEIGH, Deceased 465 WOLFS BRIDGE ROAD CARLISLE,PA 17013-8837 UNKNOWN HEIRS,SUCCESSORS,ASSIGNS,AND ALL PERSONS, FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER PATRICIA A.EMEIGH,DECEASED 465 WOLFS BRIDGE ROAD CARLISLE,PA 17013-8837 Defendants CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE File#: 778268 U4 /U&79,�r) llgk-W7 3? I. Plaintiff is CITIFINANCIAL SERVICING LLC 6400 LAS COLINAS BLVD. IRVING, TX 75039 2. The name(s) and last known address(es) of the Defendant(s) are: THE HAROLD R.EMEIGH AND PATRICIA A.EMEIGH REVOCABLE LIVING TRUST 465 WOLFS BRIDGE ROAD CARLISLE,PA 17013-8837 UNKNOWN SUCCESSOR TRUSTEE OF THE HAROLD R.EMEIGH AND PATRICIA A.EMEIGH REVOCABLE LIVING TRUST 465 WOLFS BRIDGE ROAD CARLISLE,PA 17013-8837 UNKNOWN BENEFICIARIES OF THE HAROLD R.EMEIGH AND PATRICIA A. EMEIGH REVOCABLE LIVING TRUST 465 WOLFS BRIDGE ROAD CARLISLE,PA 17013-8837 SUSAN EMEIGH, in her capacity as Heir of PATRICIA A.EMEIGH,Deceased 465 WOLFS BRIDGE ROAD CARLISLE,PA 17013-8837 DAVID EMEIGH, in his capacity as Heir of PATRICIA A.EMEIGH,Deceased 644 FICKES SCHOOL RD YORK SPRINGS,PA 17372 JASON EMEIGH, in his capacity as Heir of PATRICIA A.EMEIGH,Deceased 465 WOLFS BRIDGE ROAD CARLISLE,PA 17013-8837 UNKNOWN HEIRS, SUCCESSORS,ASSIGNS,AND ALL PERSONS,FIRMS,OR ASSOCIATIONS CLAIMING RIGHT,TITLE OR INTEREST FROM OR UNDER PATRICIA A.EMEIGH,DECEASED 465 WOLFS BRIDGE ROAD CARLISLE,PA 17013-8837 who is/are the real owner(s) of the property hereinafter described. File#: 778268 3. On 08/11/2003 PATRICIA A. EMEIGH made, executed and delivered a mortgage upon the premises hereinafter described to CITIFINANCIAL SERVICES, INC. , which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1833,Page 3063. By Assignment of Mortgage recorded 09/15/2014 the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Assignment of Mortgage Instrument No. 201420781.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 06/15/2011 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 10/17/2014: Principal Balance $62,536.52 Interest $17,678.45 05/14/2011 through 10/17/2014 Late Charges $0.00 Taxes $2,521.99 TOTAL $82,736.96 7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however,Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s)has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of File#: 778268 Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974,Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s)on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s)has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. Notice of the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, is not required as the mortgagor is more than 24 months in arrears on the mortgage. 10. HAROLD R.EMEIGH was a co-record owner of the mortgaged premises as a tenant by the entirety. By virtue of HAROLD R.EMEIGH'S death on or about 03/13/2002,his ownership interest was automatically vested in the surviving tenant by the entirety. 11. Mortgagor PATRICIA A. EMEIGH died on 03/28/2010 and upon information and belief, her surviving heirs are SUSAN EMEIGH, TIMOTHY EMEIGH, DAVID EMEIGH, BARBARA SHELLENBERGER and JASON EMEIGH. 12. Subsequently,title to the mortgage premises was conveyed by Harold R.Emeigh and Patricia A.Emeigh, to, The Harold R. Emeigh and Patricia A. Emeigh Revocable Living Trust dated 08/19/2001, recorded 08/20/2001 in Book 247, Page 4850. 13. Plaintiff's representative contacted the Register of Wills of Cumberland County and was informed that no estate has been raised on behalf of the decedent mortgagor. File#: 778268 14. By executed waivers,BARBARA SHELLENBERGER and TIMOTHY EMEIGH waived their right to be named as defendants in the foreclosure action. Said waivers are attached as Exhibit"A" 15. Plaintiff hereby releases PATRICIA A. EMEIGH and HAROLD R. EMEIGH, from liability for the debt secured by the mortgage. 16. Plaintiff does not hold the named Defendants, SUSAN EMEIGH, DAVID EMEIGH, and JASON EMEIGH,personally liable on this cause of action. This action is being brought to foreclose the interest of the said Defendants in the aforesaid real estate only, and the Defendants have been named in accordance with the requirements of Pa R.C.P. 1144(a)(2) and 20 Pa.C.S.A. § 301(b). WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $82,736.96, 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 ingerdissen,Esq., Id.No.317124 Attorney for Plaintiff File#: '778268 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Middlesex Township, County of Cumberland, and State of Pennsylvania, bounded and described as follows: BEGINNING at a stone in the public road leading from Sterrett's Gap Road to 'Wolfs Fording'; thence by said road,North 70 degrees West 18.8 perches to a stone; thence by lands now or formerly of J. H. Ziegler,North 58-1/2 degrees East,40.2 perches to a stone; thence by same, South 13 degrees East 15.3 perches to a stone;thence by land now or formerly of Linn McCullough, South 58-1/2 degrees West 24 perches to a stone in the public road, the place of BEGINNING. CONTAINING Three Acres,neat measure, and being improved with a two-story weatherboarded dwelling house and other improvements. UNDER AND SUBJECT to and together with the rights,privileges, agreements, rights-of-way, easements, conditions, exceptions, restrictions and reservations as exist by virtue of prior recorded instruments, deeds or conveyances. For chain of title see Deed recorded in the aforesaid County in Deed Book Volume 16,page 135. Being the same as Tax Parcel Number 21-13-0968-054. PROPERTY ADDRESS: 465 WOLFS BRIDGE ROAD,CARLISLE,PA 17013-8837 PARCEL#21-13-0968-054 File#: 778268 Exhibit "A" WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, TIMOTHY EMEIGH, Heir of PATRICIA A. EMEIGH,Deceased, hereby acknowledge that I may have an ownership interest in the property located at 465 WOLF BRIDGE ROAD, CARLISLE,PA 17013-8837, 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.R.C.P. 1141 et seq., which may be instituted by CITIFINANCIAL SERVICES, INC., involving said property, which property was owned by the decedent at the time of her 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: 9j� �� /sZ MOTHY EMEIGH,-Heir of PATRICIA A. EMEIGH, Deceased .� al :. NJ- WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, BARBARA SHELLENBERGER,Heir of PATRICIA A. EMEIGH, Deceased, hereby acknowledge that I may have an ownership interest in the property located at 465 WOLF BRIDGE ROAD, CARLISLE, PA 17013-8837, 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.R.C.P. 1141 et seq., which may be instituted by CITIFINANCIAL SERVICES, INC., involving said property, which property was owned by the decedent at the time of her death. I hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriffs 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: BARBARA SHELLENBERGER, ' eir of PATRICIA A. EMEIGH, Deceased �� e22 VERIFICATION Jorge G. Orrantia, hereby states that he/she is employed as a Vice President—Document Control of CitiMortgage, Inc. Pursuant to an agreement, CitiMortgage, Inc., provides certain loan servicing activities to CITIFINANCIAL SERVICING LLC, the Plaintiff in this matter. I am authorized to execute this Verification on behalf of CITIFINANCIAL SERVICING LLC pursuant to the corporate resolutions of CITIFINANCIAL SERVICING LLC. 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 Name:Jorge . Orrantia Date:_OCre?e 'Z a20/r/ File#: 778268 Name: EMEIGH File#: 778268 IN THE COURT OF COMMON � CITIFINANCIAL SERVICING LLC PLEAS Plaintiff(s) OF CUMBERLAND COUNTY, PENNSTLVANIA THE HAROLD R.EMEIGH AND PATRICIA A.EMEIGH REVOCABLE LIVING TRUST e "� EMEIGH, SUSAN Defendants ( ) C .. EMEIGH,DAVID EMEIGH,JASON ` 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 an attorney,you must take the following steps to be eligible for a conciliation conference. First,within twenty(20)days of your receipt of this notice,you must contact MidPenn Legal Services at(717)243-9400 extension 2510 or(800)822-5288 extension 2510 and request appointment of a legal representative at not charge to you. Once you have been appointed a legal representative,you must promptly meet with the legal representative within twenty(20)days of the appointment date.During that meeting,you must provide the legal representative with all the 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 file 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 attempt to work out a 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 the 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 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 our reasonable arrangements 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 s bmitted: a� Date Signature of Counsel for Plaintiff Cumberland County Residential Mortgage Foreclosure Diversion Program Date Financial Worksheet Cumberland County Court of Common Please 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 Please provide the following information to the best of your knowledge: CUSTOMER/PRIMARY AP13LICANT 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 H Mailing Address (if different): City: State: Zip; Phone Numbers: Home: Office: Email: Cell: Other: #of people in household: How long? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Email: Cell: Other: # 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: Cumberland County Residential Mortgage Foreclosure Diversion Program Date Financial Worksheet Cumberland County Court of Common Please 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 Please provide the following information to the best of your knowledge: CUSTOMER/PRI 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: Phone Numbers: Home: Zip: Office: Cell: Other: Email: # of people in household: How long? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Email: Cell: Other: #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. 2. 3. 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 Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other pro . payment Install.Loan Payment Cable TV Child Support/Alim. Spending Money Day/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 you know,regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company(Name): Contact: Phone: AUTHORIZATION I/We, named , authorize the above 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 services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this page along with the following information to lender: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement(if property is currently on the market) r Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIFINANCIAL SERVICING LLC vs. THE HAROLD R. EMEIGH AND PATRICIA A. EMEIGH REVOCABLE LIVING TRUST ET AL. Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 14-6294CIVIL CUMBERLAND COUNTY MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, CITIFINANCIAL SERVICING LLC, 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. The property located at 465 WOLFS BRIDGE ROAD, CARLISLE, PA 17013- 8837 is owned by THE HAROLD R. EMEIGH AND PATRICIA A. EMEIGH REVOCABLE LIVING TRUST by virtue of a deed dated August 19, 2001 and recorded August 20, 2001 in Deed Book Volume 247 Page 4850 of the CUMBERLAND County Recorder of Deeds Office. 2. On August 11, 2003, THE HAROLD R. EMEIGH AND PATRICIA A. EMEIGH REVOCABLE LIVING TRUST PATRICIA A. EMEIGH, TRUSTEE made, executed, and delivered a mortgage upon the premises at 465 WOLFS BRIDGE ROAD, CARLISLE, PA 17013-8837. 3. The loan is in default as payments due June 15, 2011 and each month thereafter are due and unpaid. 4. HAROLD R. EMEIGH died on March 13, 2002. Attached hereto, marked as Exhibit "A" is a copy of the Social Security Master Death Index search results verifying the date of death. 5. Plaintiffs representative contacted the Register of Wills of CUMBERLAND and was informed that no estate has been raised on behalf of the decedent mortgagor. 6. PATRICIA A. EMEIGH died on March 28, 2010. Attached hereto marked as Exhibit "B" is a copy of the Lexis Nexis Search verifying the date of death. 7. Plaintiffs representative contacted the Register of Wills of CUMBERLAND and was informed that no estate has been raised on behalf of the decedent mortgagor. 8. Plaintiff performed a Good Faith Investigation in an attempt to identify and locate the heirs of PATRICIA A. EMEIGH. Plaintiffs investigation located an obituary published in The Patriot -News on March 30, 2010. Said obituary states PATRICIA A. EMEIGH is survived by her children, BARBARA SHELLENBERGER, SUSAN EMEIGH, TIMOTHY EMEIGH, JASON EMEIGH, and DAVID EMEIGH. Attached hereto, marked as Exhibit "C" is a true and correct copy of Plaintiffs Affidavit of Good Faith Investigation and Obituary. 9. Upon information and belief, the surviving heirs at law and next-of-kin of PATRICIA A. EMEIGH are BARBARA SHELLENBERGER, SUSAN EMEIGH, TIMOTHY EMEIGH, JASON EMEIGH, and DAVID EMEIGH. PH # 778268 10. Plaintiff is unable to locate documentation regarding THE HAROLD R. EMEIGH AND PATRICIA A. EMEIGH REVOCABLE LIVING TRUST PATRICIA A. EMEIGH. TRUSTEE, and cannot determine all known successor trustees and beneficiaries. ll. By letter dated September 19, 2012, Plaintiff contacted BARBARA SHELLENBERGER, SUSAN EMEIGH, TIMOTHY EMEIGH, DAVID EMEIGH and JASON EMEIGH 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 PATRICIA A. EMEIGH. Attached hereto, marked as Exhibit "D" is a true and correct copy of Plaintiffs letter. 12. By executed waiver(s), TIMOTHY EMEIGH and BARBARA SHELLENBERGER waived their right to be named as a defendant in the foreclosure action. Said waiver(s) are attached as Exhibit "E". 13. On October 29, 2014, Plaintiff filed an Action in Mortgage Foreclosure. Attached hereto, marked as Exhibit "F" is a true and correct copy of the Complaint in Mortgage Foreclosure. 14. 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 "F." 15. Because there may be parties with an interest in the mortgaged premises that are unknown, Plaintiff must effectuate service through Special Order of Court. PH # 778268 16. In compliance with Cumberland County Local Rule 208.30)(2), Plaintiff avers that No Judge has previously entered a ruling in this case. 17. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to the Defendants on November 10, 2014, and requested the Defendants' concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiffs November 10, 2014 letter pursuant to Local Rule 208.3(9) and postmarked certificate of mailing is attached hereto, made part hereof, and marked as Exhibit "G." 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. Date: Respectfully submitted, PHELAN HALLINAN, LLP %1‘ WCI4Vei By: PETER WAPNER, Esq., Id. No.318263 Attorney for Plaintiff PH # 778268 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIFINANCIAL SERVICING LLC vs. THE HAROLD R. EMEIGH AND PATRICIA A. EMEIGH REVOCABLE LIVING TRUST ET AL. Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 14-6294C1VIL CUMBERLAND 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). Plaintiff has attached a report to its Motion, which sets forth the nature and extent of the PH # 778268 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 "C" 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. Date: PHELAN HALLINAN, LLP lAaVt cs)k Cer\m/ By: PETER WAP R, Esq., Id. No.318263 Attorney for Plaintiff PH # 778268 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIFINANCIAL SERVICING LLC vs. THE HAROLD R. EMEIGH AND PATRICIA A. EMEIGH REVOCABLE LIVING TRUST ET AL. Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 14-6294CIVIL 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 Defendant(s) on the date listed below: THE HAROLD R. EMEIGH AND PATRICIA A. EMEIGH REVOCABLE LIVING TRUST 465 WOLFS BRIDGE ROAD CARLISLE, PA 1.7013-8837 UNKNOWN SUCCESSOR TRUSTEE OF THE HAROLD R. EMEIGH AND PATRICIA A. EMEIGH REVOCABLE LIVING TRUST 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 UNKNOWN BENEFICIARIES OF THE HAROLD R. EMEIGH AND PATRICIA A. EMEIGH REVOCABLE LIVING TRUST 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 PH # 778268 SUSAN EMEIGH 465 WOLFS BRIDGE ROAD CARLISLE. PA 17013-8837 DAVID EMEIGH 644 FICKES SCHOOL RD YORK SPRINGS. PA 17372 JASON EMEIGH 465 WOLFS BRIDGE ROAD CARLISLE. PA 17013-8837 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER PATRICIA A. EMEIGH, DECEASED 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 PHELAN HALLINAN, LLP \\:\-1.011v- By: B : y PETER WAPNER, Esq., Id. No.318263 Attorney for Plaintiff PH # 778268 Exhibit "A" Page 1 of 1 . Death Master File (DMF) Profile Details for HAROLD R. EEGH SSN: Date of Birth: Date of Death: 0311312002 (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.ssdnif.corn/Library/SSN/Zoom.asp?SessionID—%7BE9BED2B2-6A81-426C-... 9/25/2014 Exhibit "B" Page 1 1 OF 1 RECORD(S) California Death Record This data is for informational purposes only. Decedent Information Name: EMEIGH, PATRICIA A Address: PA CUMBERLAND COUNTY LexlD(sm): 000016311978 Decedent Personal Information SSN: Age: Date Of Death: 03/28/2010 Verif Date of Birth: Death Information Important: The Public Records and commercially available data sources used on reports have errors. Data is sometimes entered poorly, processed incorrectly and is generally not free from defect. This system should not be relied upon as definitively accurate. Before relying on any data this system supplies, it should be independently verified. For Secretary of State docussnts, the following data is for information purposes only and is not an official record. Certified copies may be obtained from that individual state's Department of State. Your DPPA Permissible Use is: Debt Recovery/Fraud Your GLBA Permissible Use is: Fraud Prevention or Detection Copyright C 2014 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. Exhibit "C" AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 284436 Attorney Firm: Phelan, Hallinan 4 Schmieg, I,LP Subject: Patricia A. Emeigh Property Address: 465 Wolf Bridge Road, Carlisle, PA 17013 Possible Mailing Address: 2672 Chestnut Road, Elizabethtown:, PA 17022 I. CREDIT INFORMATION A. SOCIAL. SECURITY NUMBER Our search verified the following information to be true and correct Patricia A. Emeigh - xxx-xx-5765 B. EMPLOYMENT SEARCH Patricia A. Emeigh - A review of the credit reporting agencies provided no employment information. C. INQUIRY O.F CREDITORS Our inquiry of creditors indicated that Patricia A. Emeigh resides) at: 465 Wolf Bridge Road, Carlisle, PA 17013. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases, which indicated that Patricia A. Emeigh reside(s) at: 2672 Chestnut Road, Elizabethtown, PA 17022. On 03-02-12 our office made several telephone calls to the subject's phone number (717) 361-7429 and received the following information: answering machine. B. On 03-02-12 our office made a telephone call to a possible phone number of the subject(s) (610) 481-9828 and received the following information: not in service. Our office was unable to locate any heir for Patricia A. Emeigh. III. OBITUARY SEARCH A. Attempted to find obituary via httpljoa.newsbank.com/ B. Found obituary published March 30, 2010 in tine Patriot -News, The (Harrisburg, PA). See attached. IV. INQUIRY OF HEIRS AND NEIGHBORS On 03-02-12 our office was unable to locate any information for Barbara Shellenberger, relative of Patricia A. Emeigh. On 03-02-12 our office was unable to locate any information for Robert, relative of Patricia A. Emeigh. On 03-02-12 our office was unable to locate any information for Richfield Emeigh, relative of Patricia A. Emeigh. On 03-02-12 our office was unable to locate any information for Bette Morris, relative of Patricia A. Emeigh. On 03-02-12 our office attempted to contact Timothy H. Emeigh, relative of Patricia A. Emeigh at: 644 Pickes School Road, Lot: 2, York Springs, PA 17372, but was unable to get any phone number for her. On 03-02-12 our office attempted to contact Tammy Emeigh, relative of Patricia A. Emeigh at: 644 Fickes School Road, York Springs, PA 17372, but was unable to get: any phone number for her. On 03-02-12 our office attempted to contact Annie Emeigh, relative of Patricia A. Emeigh at: 138 South Locust Street; Camp Hill, PA 17011, but was unable to get any phone number for her. On 03-02-12 our office attempted to contact Karri L. Eisenhour, potential relative of Patricia A. Emeigh at: 2672 Chestnut Road, Elizabethtown, PA 17022, but was unable to get any phone number for her. On 03-02-12 our office attempted to contact Patricia A. Emeigh, potential relative of Patricia A. Emeigh at 465 Wolf Bridge Road, Carlisle, PA 17013, but was unable to get any phone number for her. On 03-02-12 our office attempted to contact .Patricia M. Sullivan, potential relative of Patricia A. Emeigh at: 2672 Chestnut Road, Elizabethtown, PA 17022, but was unable to get any phone number for her. On 03-02-12 our office attempted to contact Bill H. Sullivan, potential relative of Patricia A. Emeigh at: 627 Johnson Avenue, Seguin, TX 78155, but was unable to get any phone number for him. On 03-02-12 our office attempted to contact James E. Sullivan Sr., potential relative of Patricia A. Emeigh at: 2672 Chestnut Road, Elizabethtown, PA 17022, but was unable to get any phone number for him. On 03-02-12 our office made several phone calls in an attempt to contact Susan E. Emeigh, relative of Patricia A. Emeigh at (717) 249-7602, 465 Wolf Bridge Road, Carlisle, PA 17013: answering machine. On (13-02-12 our offier: (71.7) 241-0711„ 4:65 Wolf side ne all in an attempt to contact son T, Enteig t. relative of Patricia A. Emeigh at n - h A 17013: not in et ic-. /, 2 On 0_-0m-1:.our CffiilCemade :p„:.0l,_.eap_w_ta:t David Emeigh, reirti.. of t'at ., i`; 1, 161-392, 138 ..,atl. Locust Street; Camp ]...Till, PA _.71177: spoke with an unidentified fe_n_,1 confirm any heir information for Patricia A. Emeigh. On 03-0212 utti;cc made e phone ca i n attempt ip c meet:Patrcia O. Soil van, p Emeigh at (5 12) 392-5049, 627 .:_iso. n Avenue, Seguin, T;: 73155. not in sery ce. On 03-02-1 (717) 24 office made several phone calls in act ante `a' i, ridge Road, carliste, ineigh a old not -Me of ]Patricia A. ;pt to contact Michelle M. Myers, neighbor Of the subject at nsweri.ng machine. On (13-02-1.2 our office n ;de a (1(1000 csi' in an attempt to contact Betty; Rol rer, neighbor of the subject at: (7171 249- 4698, 458 Wolf Bridge Road, _la rlisle, RA 701:: riot ,i') scil-ice. On 03..0242 our office made see Arai phone calls in art attempt to contact Scott P. Rohrer, neighbor of the subject at (717) 245-0238, 457 Wolf Bridle Read, Carlisle, PA 17013: answering machine. On 03-02-12 our office made several phone calls in an attempt to contact Francis 13. Schofield, neighbor of the subject at (717) 361-0887, 2662 Chi- tout Road, Elizabethtown, PA 17022: answering machine, On 03-02-12 our office made several phone calls in an attempt to contact Victor H. Seesholtz, neighbor of the subject at (717) 367-9608, 2692 Chestnut Road, Elizabethtown, PA 17022: answering machine. On 03-02-12 our office made several phone calls in an attempt to contact Ray E. Shearer, neighbor of the subject at (717) 367-4905, 2650 Chestnut Road, Elizabethtown, PA 17022: answering machine. Our office was unable to locate any heir for Patricia A. lameigh. V. ADDRESS SS INQUIRY A. NATIONAL ADDRESS UPDATE On 03-02-12 we reviewed the Nationai Address database and found the following information: Patricia A. Emeigh - 2672 Chestnut Road„ Elizabethtown, PA 17022. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: 2672 Chestnut Road, Elizabethtown, PA 17022. VI, OTHER INQUIRIES A. DEATH RECORDS As of 03-0242 Vital. Records and all public databases have no death record on file for Patricia A. Emeigh. VII. A.D1:)ITION AL INFORM A TION OF St BjEC:'I' A. YEAR OF BIRTH: Patricia A. &neigh - 1933 B. DATE OF DEATH: Patricia A. Emeigh - not available C. A.K.A. Patricia Marie Emeigh; Patricia M. Frentz; Patricia M. Sullivan Sr. Our accessible databases have been checked and cross-referenced for the above named individual(s), " Please be advised our database information indicates the subject resides at the current address. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unsworn .falscf iesjkn to authorities. The above information is obtained from available public records and we are only liable for the cost of the affidavit, ObitsArchive.com: Document Display ObitsArchive.com Patriot -News, The (Harrisburg. PA) - March 30, 2010 Page 1 of 1 Deceased Name: Patricia A. Emcigh Patricia A. Emeigh, 77, of Carlisle, died Sunday, March 28, 2010 at the Carlisle Regional Medical Center. Born March 1, 1933 in Altoona, she was a daughter of the late Thomas and Mildred Bagel Ratchford and the. widow of Harold R. Emeigh. Surviving are two daughters, Barbara Shellenberger and husband, Robert, of Richfield and Susan Emeigh of Carlisle; three sons, Timothy Emeigh and wife, Tammy, of York Springs, Jason Emeigh of Carlisle and David Emeigh and wife, Arnie, of Shiremanstown; eleven grandchildren; two great grandchildren; and one sister, Bette Morris of Cleveland, OH. Also two nieces and four nephews. Funeral services will be held at 10:30 am, Thursday, April 1, 2010 at Hoffman -Roth Funeral Home & Crematory, Inc., 219 North Hanover Street, Carlisle, with Rev. Richard L. Reese officiating. Burial will be in Cumberland Valley Memorial Gardens, Carlisle. A viewing will be held from 7:00-9:00 pm, Wednesday, March 31., 2010 at the funeral home. Memorial contributions may be made to St. Jude Childrens Research Hospital, 501 St. Jude Place, Memphis, TN 38105-1942. To sign the guest book visit www.hoffmanroth.com. www.pennlive.corn/obits * Patriot -News, The (Harrisburg, PA) Date: March 30, 2010 Edition: FINAL Page: A07 Record Number: 1003304490333 Copyright, 2010, The Patriot -News Co. All Rights Reserved. Used with permission:: http://www.obitsarchive.com/oa-search/we/Archives?p_action=print&p_docid= 12EEA3FD... 3/2/2012 PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 320-0007, Ext. 1241 Fax: 215-563-3352 September 19, 2012 BARBARA SHELLENBERGER, Heir of PATRICIA A. EMEIGH, Deceased 480 SNYDER ST RICHFIELD, PA 17086 SUSAN EMEIGH, Heir of PATRICIA A. EMEIGH, Deceased 465 WOLF BRIDGE ROAD CARLISLE, PA 17013-8837 TIMOTHY EMEIGH. Heir of PATRICIA A. EMEIGH, Deceased 644 FICKES SCHOOL RD YORK SPRINGS, PA 17372 DAVID EMEIGH, Heir of PATRICIA A. EMEIGH, Deceased 644 FICKES SCHOOL RD YORK. SPRINGS, PA 17372 JASON EMEIGH, Heir of PATRICIA A. EMEIGII, Deceased 465 WOLF BRIDGE ROAD CARLISLE, PA 17013-8837 RE: PATRICIA A. EMEIGH; 465 WOLF BRIDGE ROAD, CARLISLE, PA 17013-8837; CITIMORTGAGE, INC.; PHS# 284436 Dear Sir/Madam(s): Kindly be advised that the Law Offices of Phelan Hallinan & Schmieg, LLP represent CITIFINANCIAL SERVICES, 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 PATRICIA A. EMEIGH's unfortunate death. We are sorry for your loss. As a possible heir of PATRICIA A. EMEIGH, you may have a vested ownership interest in the mortgaged premises upon her death under 20 Pa.C.S.A. §301(h). As such, Pennsylvania law requires that you be included as a defendant solely in your capacity as 8 * 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. 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 the 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. Our Office also requests that you please provide us with any additional heir information for PATRICIA A. EMEIGH, Deceased. Thank you for your cooperation in this regard. Please note that this waiver does not preclude you from attempting to sell the subject premises and recovering any possible 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. If 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. 1241 Sincerely �-- r C Join eh el. Ko.lesnik, Esq., Id. No.308877 �,Att rney 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, BARBARA SHELLENBERGER, Heir of PATRICIA A. EMEIGH, Deceased, hereby acknowledge that I may have an ownership interest in the property located at 465 WOLF BRIDGE ROAD, CARLISLE, PA 17013-8837, 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.R.C.P. 1141 et seq., which may be instituted by CITIFINANCIAL SERVICES, INC., involving said property, which property was owned by the decedent at the time of her death. I hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriffs 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: BARBARA SHELLENBERGER, Heir of PATRICIA A. EMEIGH, Deceased WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, SUSAN EMEIGH, Heir of PATRICIA A. EMEIGH, Deceased, hereby acknowledge that I may have an ownership interest in the property located at 465 WOLF BRIDGE ROAD, CARLISLE, PA 17013-8837, 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.R.C.P. 1141 et seq., which may be instituted by CITIFINANCIAL SERVICES, INC., involving said property, which property was owned by the decedent at the time of her 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: SUSAN EMEIGH, Heir of PATRICIA A. EMEIGH, Deceased WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, TIMOTHY EMEIGH, Heir of PATRICIA A. EMEIGH, Deceased, hereby acknowledge that I may have an ownership interest in the property located at 465 WOLF BRIDGE ROAD, CARLISLE, PA 17013-8837, 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.R.C.P. 1141 et seq., which may be instituted by CITIFINANCIAL SERVICES, INC., involving said property, which property was owned by the decedent at the time of her 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: TIMOTHY EMEIGH, Heir of PATRICIA A. EMEIGH, Deceased WAIVER BY. HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, DAVID EMEIGH, Heir of PATRICIA A. EMEIGH, Deceased, hereby acknowledge that I may have an ownership interest in the property located at 465 WOLF BRIDGE ROAD, CARLISLE, PA 17013-8837, 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.R.C.P. 1141 et seq., which may be instituted by CITIFINANCIAL SERVICES, INC., involving said property, which property was owned by the decedent at the time of her 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: DAVID EMEIGH, Heir of PATRICIA A. EMEIGH, Deceased WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, JASON EMEIGH, Heir of PATRICIA A. EMEIGH, Deceased, hereby acknowledge that I may have an ownership interest in the property located at 465 WOLF BRIDGE ROAD, CARLISLE, PA 17013-8837, 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.R.C.P. 1141 et seq., which may be instituted by CITIFINANCIAL SERVICES, INC., involving said property, which property was owned by the decedent at the time of her death. I hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriffs 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 Sheriffs sale of the mortgage premises. Date: JASON EMEIGH, Heir of PATRICIA A. EMEIGH, Deceased Exhibit "E" WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION TIMOTHY EMEIGH. Heir of PATRICIA A. EMEIGH, Deceased, hereby acknowledge that 1 may have an ownership interest in the property located at 465 WOLF BRIDGE ROAD, CARLISLE, PA 17013-8837, 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.R.C.P. 1141 et seq., which may be instituted by CITIFINANCIAL SERVICES, INC., involving said property, which property was owned by the decedent at the time of her death. I hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriffs 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 Sheriffs sale of the mortgage premises. Date. "'- IIIMOTHY EMEIGH, Heir of PATRICIA A. EMEIGH, Deceased WAIVER RV E NAME,D AS A DEFENDHEIR OF RIGHT TO B ANT IN FORECLOSURE ACTION I, 13,4 R.1.3ARA SHELLE,NBERGERHeir , of PA TRICIA A. E'MEIGI-I, Deceased, hereby acknowledge that I may have an ownership interest M the property located at 465 WOLF BRIDGE ROAD, CARLISLE, PA I 70/3-8837, M accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code:Section 301(b)]. I 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 CITIFINANCIAL SERVICES INC., involving said property, which property was owned by the decedent at the time of her 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 undernthat any interest I may have in the Payoff mortgaged premises will be divested upon completionstad of the foreclosure action. I do retain any and all rights I may have under Pennsylvania. law to reinstate or otherwise the underlying debt or to iflake any claim for excess proceeds generated by the Sheriffs sate of the mortgage premises. ate: , I3ARBARA SIIELLENBERGER Of PAT , HeirRICIA A. EMEIGH, Deceased vc Exhibit "F" PHELAN HALLINAN, LLP Michael Dingerdissen, Esq., Id. No.317124 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza. Philadelphia, OA 19103 Michael.Dingerdissen@phelanhallinan.com 215-563-7000 CITIFINANC1AL SERVICING LLC 6400 LAS COLINAS BLVD. IRVING, TX 75039 Plaintiff V. THE HAROLD R. EMEIGH AND PATRICIA A. EMEIGH REVOCABLE LIVING TRUST 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 UNKNOWN SUCCESSOR TRUSTEE OF THE HAROLD R. EMEIGH AND PATRICIA A. EMEIGH REVOCABLE LIVING TRUST 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 UNKNOWN BENEFICIARIES OF THE HAROLD R. EMEIGH AND PATRICIA A. EMEIGH REVOCABLE LIVING TRUST 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 SUSAN EMEIGH, in her capacity as Heir of PATRICIA A. EMEIGH, Deceased 465 WOLFS BRIDGE ROAD .)0? CARLISLE, PA 17013-8837 • *Aiti DAVID EMEIGH, in his capacity as HeiNfRATRICIA A. Deceased 644 FICKES SCHOOL RD YORK SPRINGS, PA 17372 JASON EMEIGH, in his capacity as Heir of PATRICIA A. EMEIGH, Deceased 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER PATRICIA A. EMEIGH, DECEASED 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 Defendants File # 778268 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE We keret to be a , cn;, 9f the, „;, • •I S E C T I 0 N A S E C T I 0 N B Supreme Courtof Pennsylvania Courtof Common Pleas ( vi°i> Cover Sheet ij CUMI3ERi AND<'= `• County For Prothonotary Use Only: Docket No: The information collected on this form is used solely for court administration purposes. This, form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of cowl Commencement of Action: ❑O Complaint 0 Writ of Summons ❑ Petition 0 Transfer from Another Jurisdiction 0 Declaration of Taking Lead Plaintiffs Name: CITIFINANCiAL SERVICING LLC Lead Defendant's Name: THE HAROLD R. EMEIGH AND PATRICIA A. EMEIGH REVOCABLE LIVING TRUST Dollar Amount Requested: • within arbitration limits Are money damages requested? • Yes ©No (Check one) © outside arbitration limits Is this a Class Action Suit? ■ Yes © No Is this an MDJ Appeal? • Yes © No Name of Plaintiff/Appellant's Attorney: Michael Dineerdissen, 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 ❑ Nuisance ❑ Premises Liability ❑ Product Liability (does not include mass tort) ❑ Slander/Libel/ Defamation 0 Other: MASS TORT ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant 0 Toxic Waste ❑ Other: PROFESSIONAL LIABILITY ❑ Dental ❑ Legal ❑ Medical ❑ Other Professional: Pa.R.C.P. 205.5 CON 1 RACT (do not include Judgments) ❑ Buyer Plaintiff ❑ Debt Collection: Credit Card ❑ Debt Collection: Other ❑ Employment Dispute: Discrimination ❑ Employment Dispute: Other 0 Other: REAL PROPERTY ❑ Ejectment ❑ Eminent Domain/Condemnation ❑ Ground Rent ❑ Landlord/Tenant Dispute ® Mortgage Foreclosure: Residential ❑ Mortgage Foreclosure: Commercial ❑ Partition ❑ Quiet Title ❑ Other: CIVIL APPEALS Administrative Agencies ❑ Board of Assessment ❑ Board of Elections ❑ Dept. of Transportation ❑ Statutory Appeal: Other ❑ Zoning Board ❑ Other: MISCELLANEOUS ❑ Common Law/Statutory Arbitration ❑ Declaratory Judgment ❑ Mandamus ❑ Non -Domestic Relations Restraining Order ❑ Quo Warranto ❑ Replevin 0 Other: 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 #I: 778268 IN THE COURT OF COMMON PLEAS CITIFINANCIAL SERVICING LLC Plaintiff(s) OF CUMBERLAND COUNTY, • • PENNSTLVANIA • vs. THE HAROLD R. EMEIGH AND PATRICIA A. EMEIGH REVOCABLE LIVING TRUST EMEIGH, SUSAN Defendant(s) EMEIGH, DAVID EMEIGH. JASON 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 an attorney, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at not charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all the 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 file 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 attempt to work out a 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 the 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 fonnat attached hereto, your lawyer will prepare and file 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 our reasonable arrangements 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. Date irrg Respectfully s bmitted: Signature of Counsel for Plaintiff • Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Please 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 Please provide the following information to the best of your knowledge: CUSTOMER/PRIMARY 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 n No I -I Mailing Address (if different): City: Phone Numbers: State: Zip: Home: Cell: Office: Other: Email: # of people in household: How long? ._CO -BORROWER Mailing Address: City: Phone Numbers: State: Zip: Home: Cell: Office: 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: • Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Please 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 Please provide the following information to the best of your knowledge: CUSTOMER/PRIMARY APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes n No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: Phone Numbers: Home: Cell: Email: State: Zip: Office: Other: # of people in household: How long? CO -BORROWER Mailing Address: City: Phone Numbers: Email: State: Zip: Home: Cell: Office: Other: # 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: Amount owed: Value: Automobile #2: Model: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. 2. 3. Year: Year: 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 2nd 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 Support/Alim. Spending Money Day/Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working .with a Housing Counseling Agency? Yes n No n If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Email: Fax: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes I I 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 I I No Il If yes, please indicate the status of those negotiations: Please provide the following information, if you know, regarding your lender or 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 services provided by the above named Borrower Signature Date Co -Borrower Signature Date Please forward this page along with the following information to lender: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) PHELAN HALLINAN, LLP Michael Dineerdissen. Esq., Id. No.317124 1617 .JFK Boulevard. Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Michael.Dinocrdisscnc1phclanhal1inan.com 215-563-7000 ATTORNEY FOR PLAINTIFF CITIFINANCIAL SERVICING LLC 6400 LAS COLINAS BLVD. COURT OF COMMON PLEAS IRVING, TX 75039 CIVIL DIVISION Plaintiff v. TERM THE HAROLD R. EMEIGH AND PATRICIA A. EMEIGH REVOCABLE LIVING TRUST 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 UNKNOWN SUCCESSOR TRUSTEE OF THE HAROLD R. EMEIGH AND PATRICIA A. EMEIGH REVOCABLE LIVING TRUST 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 UNKNOWN BENEFICIARIES OF THE HAROLD R. EMEIGH AND PATRICIA A. EMEIGH REVOCABLE LIVING TRUST 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 SUSAN EMEIGH, in her capacity as Heir of PATRICIA A. EMEIGH, Deceased 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 DAVID EMEIGH, in his capacity as Heir of PATRICIA A. EMEIGH, Deceased 644 FICKES SCHOOL RD YORK SPRINGS, PA 17372 JASON EMEIGH, in his capacity as Heir of PATRICIA A. EMEIGH, Deceased 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER PATRICIA A. EMEIGH, DECEASED 465 WOLFS BRIDGE ROAD CARLISLE. PA 17013-8837 Defendants File #: 778268 NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff is CITIFINANCIAL SERVICING LLC 6400 LAS COLINAS BLVD. IRVING, TX 75039 2. The name(s) and last known address(es) of the Defendant(s) are: THE HAROLD R. EMEIGH: AND PATRICIA A. EMEIGH REVOCABLE LIVING TRUST 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 UNKNOWN SUCCESSOR TRUSTEE OF THE HAROLD R. EMEIGH AND PATRICIA A. EMEIGH REVOCABLE LIVING !'RUST 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 UNKNOWN BENEFICIARIES OF THE HAROLD R. EMEIGH AND PATRICIA A. EMEIGH REVOCABLE LIVING TRUST 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 SUSAN EMEIGH, in her capacity as Heir of PATRICIA A. EMEIGH, Deceased 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 DAVID EMEIGH, in his capacity as Heir of PATRICIA A. EMEIGH, Deceased 644 FICKES SCHOOL RD YORK SPRINGS, PA 17372 JASON EMEIGH, in his capacity as Heir of PATRICIA A. EMEIGH, Deceased 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER PATRICIA A. EMEIGH, DECEASED 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 who is/are the real owner(s) of the property hereinafter described. File #: 778268 3. On 08/1.1/2003 PATRICIA A. EMEIGH made, executed and delivered a mortgage upon the premises hereinafter described to CITIFINANCIAL SERVICES, INC. , which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1833, Page 3063. By Assignment of Mortgage recorded 09/15/2014 the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Assignment of Mortgage Instrument No. 201420781.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 06/15/2011 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 10/17/2014: Principal Balance $62,536.52 Interest $17,678.45 05/14/2011 through 10/17/2014 Late Charges $0.00 Taxes $2.521.99 TOTAL $82,736.96 7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of File #: 778268 Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. Notice of the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, is not required as the mortgagor is more than 24 months in arrears on the mortgage. 10. HAROLD R. EMEIGH was a co -record owner of the mortgaged premises as a tenant by the entirety. By virtue of HAROLD R. EMEIGH'S death on or about 03/13/2002, his ownership interest was automatically vested in the surviving tenant by the entirety. 11. Mortgagor PATRICIA A. EMEIGH died on 03/28/2010 and upon information and belief, her surviving heirs are SUSAN EMEIGH, TIMOTHY EMEIGH, DAVID EMEIGH, BARBARA SHELLENBERGER and JASON EMEIGH. 12. Subsequently, title to the mortgage premises was conveyed by Harold R. Emeigh and Patricia A. Emeigh, to, The Harold R. Emeigh and Patricia A. Emeigh Revocable Living Trust dated 08/19/2001, recorded 08/20/2001 in Book 247, Page 4850. 13. Plaintiff's representative contacted the Register of Wills of Cumberland County and was informed that no estate has been raised on behalf of the decedent mortgagor. File #: 778268 14. By executed waivers, BARBARA SHELLENBERGER and TIMOTHY EMEIGH waived their right to be named as defendants in the foreclosure action. Said waivers are attached as Exhibit "A" 15. Plaintiff hereby releases PATRICIA A. EMEIGH. and HAROLD R. EMEIGH, from liability for the debt secured by the mortgage. 16. Plaintiff does not hold the named Defendants, SUSAN EMEIGH, DAVID EMEIGH, and JASON EME1GH, personally liable on this cause of action. This action is being brought to foreclose the interest of the said Defendants in the aforesaid real estate only, and the Defendants have been named in accordance with the requirements of Pa R.C.P. 1144(a)(2) and 20 Pa.C.S.A. § 301(b). WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $82,736.96, 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. By: Michael ingerdissen, Esq., Id. No.317124 Attorney for Plaintiff PHELAN HALLINAN, LLP File #: 778268 • LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Middlesex Township, County of Cumberland, and State of Pennsylvania, bounded and described as follows: BEGINNING at a stone in the public road leading from Sterrett's Gap Road to 'Wolfs Fording'; thence by said road, North 70 degrees West 18.8 perches to a stone; thence by lands now or formerly of J. H. Ziegler, North 58-1/2 degrees East, 40.2 perches to a stone; thence by same, South 13 degrees East 15.3 perches to a stone; thence by land now or formerly of Linn McCullough, South 58-1/2 degrees West 24 perches to a stone in the public road, the place of BEGINNING. CONTAINING Three Acres, neat measure, and being improved with a two-story weatherboarded dwelling house and other improvements. UNDER AND SUBJECT to and together with the rights, privileges, agreements, rights-of-way, easements, conditions, exceptions, restrictions and reservations as exist by virtue of prior recorded instruments, deeds or conveyances. For chain of title see Deed recorded in the aforesaid County in Deed Book Volume 16, page 135. Being the same as Tax Parcel Number 21-13-0968-054. PROPERTY ADDRESS: 465 WOLFS BRIDGE ROAD, CARLISLE, PA 17013-8837 PARCEL #21-13-0968-054 File #: 778268 Exhibit "A" WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I. TIMOTHY EMEIGH, Heir of PATRICIA A. EMEIGH, Deceased, hereby acknowledge that I may have an ownership interest in the property located at 465 WOLF BRIDGE ROAD, CARLISLE, PA 17013-8837, 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.R.C.P. 1141 et seq., which may be instituted by CITIFINANCIAL SERVICES, INC., involving said property, which property was owned by the decedent at the time of her death. I hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriffs 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. g • Date: i OTHY EMEIGH,'Heir of PA I RICIA A. EMEIGH, Deceased WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I BARBARA SHELLENBERGER, Heir of PATRICIA A. EMEIGH, Deceased, hereby acknowledge that I may have an ownership interest in the property located at 465 WOLF BRIDGE ROAD, CARLISLE, PA 17013-8837, 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.R.C.P. 1141 et seq., which may be instituted by CITIFINANCIAL SERVICES, INC., involving said property, which property was owned by the decedent at the time of her 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: BARBARA SHELLENBERGER, Heir of PATRICIA A. EMEIGH, Deceased sky VERIFICATION Jorge G. Orrantia, hereby states that he/she is employed as a Vice President -- Document Control of CitiMortgage, Inc. Pursuant to an agreement, CitiMortgage, Inc., provides certain loan servicing activities to CITIFINANCIAL SERVICING LLC, the Plaintiff in this matter. I am authorized to execute this Verification on behalf of CITIFINANCIAL SERVICING LLC pursuant to the corporate resolutions of CITIFINANCIAL SERVICING LLC. 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:(No �= Print Name: Jorge G. Orrantia Date:Oerci,3F2 q, Z'/V f File#: 778268 Name: EMEIGH File #: 778268 Exhibit "G" Phelan HaMilan., LIT 1617 YEK. Boulevard, Suite 1400 One Pcn; &Nei Plaza H;i]pi PA 10'3 2 5-5(.6-7000 FA XP: 215-568-7616 November 10, 2014 THE HAROLD R. EMEIGH AND PATRICIA A. EMEIGH REVOCABLE LIVING TRUST 465 WOLFS BRIDGE ROAD CART ,ISLE, PA 17013-8837 UNKNOWN SUCCESSOR TR USTEE OF THE HAROLD R, EMEIGH AND PATRICIA A. EMEIGH REVOCABLE LIVING TRUST 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 UNKNOWN BENEFICIARIES OF THE HAROLD R. EMEIGH AND PATRICIA A. EMEIGH REVOCABLE LIVING TRUST 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 SUSAN EMEIGH 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 DAVID EMEIGH 644 FICKES SCHOOL RD YORK SPRINGS, PA 17372 JASON EMEIGH 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER PATRICIA A. EMEIGH, DECEASED 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 RE: CITIFINANCIAL SERVICING LLC vs. THE HAROLD R. EMEIGH AND PATRICIA A. EMEIGH REVOCABLE LIVING TRUST ET AL. Civil Docket No. 14-6294CIVIL PH # PH # 778268/NRU Dear Defendant: EnCIOSeLl pleLtse. find it Copy of my tvoposed Motion for Special Service of the Complaint and all future iliendings and Older. In accut-dancc with CUMBERLAND County Local Rule 20S.3(9) I am seekimi your ffilICIIFICF)CC yh TIC FcLptcsied relief, Please respond to me within one week, by „ (ti Should you have any further questions or concerns. please -feel free to contact rne, Otherwise, please be guided accordingly. Sii;cci'tly. PETE WAIfN ER. Id, Nod I 8263 Phelan Hallinan, LLP PH # PH# 778268/NRU } Name and Addre. s Of Sender Phelan Hallinan. LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plana Philadelphia. PA 19103 NRUI 6 S Line Article Number Name of Addressee. Street, and lost Office Address Postage 511.•15 ' Per. 1 *««* David Emeigh. in lois Capacity as Heir of Patricia A. Emeigh. Deceased 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 2 «««« **I'° The Harold R. Emeigh and Patricia A. Emeigh Revocable Living Trust 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 Unknown Successor Trustee of The Harold R. Emeigh and Patricia A. Emeigh Revocable living Trust 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 511.48 • 511.48 ►„ o ` CO , i 0 y�I ij - 0 0 _ r'. p n ': 'r `....-- AI .. V M i ^ j ' `Ci .++�xx�� 3 4 «««« Unknown Beneficiaries of The Harold R. Emeigh and Patricia A. Emeigh Revocable Living Trust 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013.8837 50.48 ‘. 5 **** Susan Emeigh, in Her Capacity as Heir of Patricia A. Emeigh; Deceased 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 a".! $11.48 r4 6 «««* David Emeigh, in His Capacity as Heir of Patricia A. Emeigh, Deceased 644 FICKFS SCHOOL RD YORK SPRINGS, PA 17372 50,48 �t' 7 **0* Jason Emeigh, in His Capacity as Heir of Patricia A. Emeigh, Deceased 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013.8837 aa. 50.48 ' 0 .1 8 *««* Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest From or Under Patricia A. Emeigh, Deceased 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 50.48 RE: THE HAROLD R. EMEIGH AND PATRICIA A. EMEIGH REVOCABLE LIVING TRUST (CUMBERLAND) TEAM 4 PH 4 778268/1021 Paje 1 of I 53.84 -^; .,Q�c.��-- - Tool Number of Pieces!dosed by Sender Tool Nnmher of Piees Received sit Pon Office Mnama•in Per (Name I Receiving Employee) Te1sill dee rstun nl vat is respired m rI1 Arco.-ond overmanned rr6ircfynU...moll-Windy Q�7r pavahk far she reauninwfion ofrunnegouabk dmunenl, solder fi.pie., 51.nl dm-nmrn,:N ,a oRi 0.0 per M rime subject a 11001 01 $300.000 per occunml ix. The ma N11,111111 m todrmly pS f5.sp'o(.45J o lchandi.e is SSW The mas,mum imkmnitypavahk i. 525,0091m mjnternl nwl von sigh opho limne i'r ,s Mail Manml R900S9I9 end 5921 for limitation, n1 to,a,.r. N. /:,..v, ' Form 3877 Facsimile PH # PH # 778268/NRU 9 f, • 1 �11DEC —Li AM II: 23 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CITIFINANCIAL SERVICING LLC COURT OF COMMON PLEAS CIVIL DIVISION vs. NO. 14-6294CIVIL THE HAROLD R. EMEIGH AND PATRICIA A. EMEIGH REVOCABLE LIVING TRUST CUMBERLAND COUNTY ET AL. AND NOW, this ORDER day of .mow , 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 Defendants, UNKNOWN SUCCESSOR TRUSTEE OF THE HAROLD R. EMEIGH AND PATRICIA A. EMEIGH REVOCABLE LIVING TRUST; and UNKNOWN BENEFICIARIES OF THE HAROLD R. EMEIGH AND PATRICIA A. EMEIGH REVOCABLE LIVING TRUST; and UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER PATRICIA A. EMEIGH, 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 465 WOLFS BRIDGE ROAD, CARLISLE, PA PH # 778268/NRU 17013-8837, and by posting of the mortgaged premises at 465 WOLFS BRIDGE ROAD, CARLISLE, PA 17013-8837 by the Sheriff or by a non-party competent adult. Service by mail is complete upon the date of mailing. 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. ca.p y enz, A44y-P. PH # 778268/NRU SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff I HE PRO jHOhiO�'�'',_.`. Jody S Smith Chief Deputy Richard W Stewart Solicitor ,,, of CnuuGrr, rr'�b OFFICE 4F THE rt+EFIFF 2014 DEC -5 MI 9: ►c CUMBERLAND COUNT PENNSYLVANIA Citifinancial Servicing LLC vs. The Harold R. Emeigh and Patricia A. Emeigh Revocable Living Trust (et al.) Case Number 2014-6294 SHERIFF'S RETURN OF SERVICE 11/05/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: David Emeigh, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Adams, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according to law. 11/06/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: David Emeigh, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 465 Wolfs Bridge Road, Middlesex Township, Carlisle, PA 17013. Deputies were advised by the defendant's mother that he does not reside at this address. She provided an address of 138 S. Locust Street, Shiremanstown, PA. 11/06/2014 04:02 PM - Deputy Shawn Gutshall, 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 Susan Emeigh, Mother who accepted as "Adult Person in Charge" for Jason Emeigh at 465 Wolfs Bridge Road, Middlesex Township, Carlisle, PA 17013. GUTSHALL, DEPUTY 11/06/2014 04:02 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Susan E. Emeigh at 465 Wolfs Bridge Road, Middlesex Township, Carlisle, PA 17013. GUTS'ALL, DEPUTY 11/06/2014 04:02 PM - Deputy Shawn Gutshall, 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 Susan Emeigh, Daughter of Harold and Patricia Emeigh, who accepted as "Adult Person in Charge" for The Harold R. Emeight and Patricia A. Emeigh Revocable Living Trust at 465 Wolfs Bridge Road, Middlesex Township, Carlisle, PA 17013. 11/07/2014 06:54 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: David Emeigh at 138 S Locust St, Shiremanstown, PA 17011. (c) CountySuite Sheriff, ?eleosoft Inc. UTSHALL, DEPUTY 11/17/2014 The requested Notice of Residential Foreclosure Diversion Pand Complaint i Mortgage Foreclosure returned by the Sheriff of Adams County, the within named Defendant David Emeigh, not found. James Muller, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $124.73 SO ANSWERS, November 25, 2014 RONNY R ANDERSON, SHERIFF James W. Muller Sheriff Len J. Supenski Chief Deputy SHERIFF'S OFFICE OF ADAMS COUNTY Bernard A. Yannetti, Jr. Solicitor Kevin E. Miller Lieutenant CITIFINANCIAL SERVICING LLC vs. THE HAROLD R. EMEIGH AND PATRICIA A. EMEIGH REVOCABLE LIVING TRUST (et al.) Case Number 2014-6294 SHERIFF'S RETURN OF SERVICE 11/17/2014 10:17 AM - Deputy Carl Boyer, being duly sworn according to law, deposes and says, that service of the NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM AND COMPLAINT IN MORTGAGE FORECLOSURE was attempted to the Defendant, to wit: DAVID EMEIGH at 644 FICKES SHCOOL ROAD, YORK SPRINGS, PA 17372. The Defendant was found to have moved to Mechanicsburg, PA. Complaint in Mortgage Foreclosure returned as Not Found. SHERIFF COST: $45.88 SO ANSWERS, November 20, 2014 JAMES W. MULLER, SHERIFF COSTS DATE CATEGORY MEMO CHK # DEBIT CREDIT 11/06/2014 Advance Fee Advance Fee 1467964 $0.00 $150.00 11/06/2014 Notary Fee $5.00 $0.00 11/06/2014 Docket & Return $9.00 $0.00 11/06/2014 Service $5.00 $0.00 11/20/2014 Mileage $26.88 $0.00 11/20/2014 Refund 3657 $104.12 $0.00 BALANCE: $150.00 $150.00 $0.00 COMMONWEALTH OF PENNSYLVANIA NOYARlAL SEAL Erica L. Newman, Notary Public Gettysburg Boro, Adams County My Commission Expires April 7, 2018 NEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES Affirmed and subscribed to before me this 20TH day of NOVEMBER NOTARY 2014 (C) CountySLnt SPie;(,if TOleosofi; Inc s\ux,I. 4. (\p,uorerviir, n15 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIFINANCIAL SERVICING LLC vs. THE HAROLD R. EMEIGH AND PATRICIA A. EMEIGH REVOCABLE LIVING TRUST ET AL. 14 11:.1 11: 05 YLVAijA Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 14-6294CIV IL CUMBERLAND COUNTY MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, CITIFINANCIAL SERVICING LLC, 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. The property located at 465 WOLFS BRIDGE ROAD, CARLISLE, PA 17013- 8837 is owned by THE HAROLD R. EMEIGH AND PATRICIA A. EMEIGH REVOCABLE LIVING TRUST by virtue of a deed dated August 19, 2001 and recorded August 20, 2001 in Deed Book Volume 247 Page 4850 of the CUMBERLAND County Recorder of Deeds Office. 2. On August 11, 2003, THE HAROLD R. EMEIGH AND PATRICIA A. EMEIGH REVOCABLE LIVING TRUST PATRICIA A. EMEIGH, TRUSTEE made, executed, and delivered a mortgage upon the premises at 465 WOLFS BRIDGE ROAD, CARLISLE, PA 17013-8837. PH # 778268 3. The loan is in default as payments due June 15, 2011 and each month thereafter are due and unpaid. 4. HAROLD R. EMEIGH died on March 13, 2002. Attached hereto, marked as Exhibit "A" is a copy of the Social Security Master Death Index search results verifying the date of death. 5. Plaintiffs representative contacted the Register of Wills of CUMBERLAND and was informed that no estate has been raised on behalf of the decedent mortgagor. 6. PATRICIA A. EMEIGH died on March 28, 2010. Attached hereto marked as Exhibit "B" is a copy of the Lexis Nexis Search verifying the date of death. 7. Plaintiffs representative contacted the Register of Wills of CUMBERLAND and was informed that no estate has been raised on behalf of the decedent mortgagor. 8. Plaintiff performed a Good Faith Investigation in an attempt to identify and locate the heirs of PATRICIA A. EMEIGH. Plaintiffs investigation located an obituary published in The Patriot -News on March 30, 2010. Said obituary states PATRICIA A. EMEIGH is survived by her children, BARBARA SHELLENBERGER, SUSAN EMEIGH, TIMOTHY EMEIGH, JASON EMEIGH, and DAVID EMEIGH. Attached hereto, marked as Exhibit "C" is a true and correct copy of Plaintiffs Affidavit of Good Faith Investigation and Obituary. 9. Upon information and belief, the surviving heirs at law and next-of-kin of PATRICIA A. EMEIGH are BARBARA SHELLENBERGER, SUSAN EMEIGH, TIMOTHY EMEIGH, JASON EMEIGH, and DAVID EMEIGH. 10. Plaintiff is unable to locate documentation regarding THE HAROLD R. EMEIGH AND PATRICIA A. EMEIGH REVOCABLE LIVING TRUST PATRICIA A. EMEIGH, TRUSTEE, and cannot determine the known successor trustees and beneficiaries. PH # 778268 11. By letter dated September 19, 2012, Plaintiff contacted BARBARA SHELLENBERGER, SUSAN EMEIGH, TIMOTHY EMEIGH, DAVID EMEIGH and JASON EMEIGH 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 PATRICIA A. EMEIGH. Attached hereto, marked as Exhibit "D" is a true and correct copy of Plaintiffs letter. 12. By executed waiver(s), TIMOTHY EMEIGH and BARBARA SHELLENBERGER waived their right to be named as a defendant in the foreclosure action. Said waiver(s) are attached as Exhibit "E". 13. On October 29, 2014, Plaintiff filed an Action in Mortgage Foreclosure. Attached hereto, marked as/ Exhibit "F" is a true and correct copy of the Complaint in Mortgage Foreclosure. 14. 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 "F." 15. Because there may be parties with an interest in the mortgaged premises that are unknown, Plaintiff must effectuate service through Special Order of Court. 16. In compliance with Cumberland County Local Rule 208.3(a)(2), Plaintiff avers that No Judge has previously entered a ruling in this case. 17. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to the Defendants on December 18, 2014, and requested the Defendants' PH # 778268 concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiffs December 18, 2014 letter pursuant to Local Rule 208.3(9)1 and postmarked certificate of mailing is attached hereto, made part hereof, and marked as Exhibit "G." 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. Date: f/AVA Respectfully submitted, PHELAN HALLINAN, LLP By: 1 Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff Plaintiffs letter sent December 18, 2014 was incorrectly dated as November 11, 2014. PH # 778268 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIFINANCIAL SERVICING LLC vs. THE HAROLD R. EMEIGH AND PATRICIA A. EMEIGH REVOCABLE LIVING TRUST ET AL. Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 14-6294CIV If . CUMBERLAND 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). Plaintiff has attached a report to its Motion, which sets forth the nature and extent of the PH # 778268 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 "C" 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. Date: i/U//47 PHELAN HALLINAN, LLP By: Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PH # 778268 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CITIFINANCIAL SERVICING LLC vs. THE HAROLD R. EMEIGH AND PATRICIA A. EMEIGH REVOCABLE LIVING TRUST ET AL. Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 14-6294CIVIL 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 Defendant(s) on the date listed below: THE HAROLD R. EMEIGH AND PATRICIA A. EMEIGH REVOCABLE LIVING TRUST 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 UNKNOWN SUCCESSOR TRUSTEE OF THE HAROLD R. EMEIGH AND PATRICIA A. EMEIGH REVOCABLE LIVING TRUST 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 UNKNOWN BENEFICIARIES OF THE HAROLD R. EMEIGH AND PATRICIA A. EMEIGH REVOCABLE LIVING TRUST 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 PH # 778268 SUSAN EMEIGH 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 DAVID EMEIGH 644 FICKES SCHOOL RD YORK SPRINGS, PA 17372 JASON EMEIGH 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER PATRICIA A. EMEIGH, DECEASED 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 PHELAN HALLINAN, LLP Dated: ///1777 ! By: Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PH # 778268 Exhibit "A" Page 1 of 1 Death Master File (DMF) Profile Details for HAROLD R EMEIGH SSN: Date of Birth: Date of Death: 03/13/2002 (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.ssdrnf.com/LibraryISSN/Zoom.asp?SessionlD=%7BE9BED2B2-6A81-426C-... 9/25/2014 Page 1 1 OF 1 RECORD(S) California Death Record This data is for informational purposes only. Decedent Information Name: EMEIGH, PATRICIA A Address: PA CUMBERLAND COUNTY LexI D(s m): 000016311978 Decedent Personal Information SSN: Age: Date Of Death: 03/28/2010 Verif Date of Birth: Death Information Important: The Public Records and commercially available data sources used on reports have errors. Data is sometimes entered poorly, processed incorrectly and is generally not free from defect. This system should not be relied upon -as definitively accurate. Before relying on any data this system supplies, it should be independently verified. For Secretary of State documents, the following data is for information purposes only and is not an official record. Certified copies may be obtained from that individual state's Department of State. Your DPPA Permissible Use is: Debt Recovery/Fraud Your GLBA Permissible Use is: Fraud Prevention or Detection Copyright® 2014 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. Exhibit "C" AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 284436 Attorney Firm: Phelan, Hallinan R= Schinieg, LLP Subject: Patricia A. Emeigh Property Address: 465 Wolf Bridge Road, Carlisle, PA 17013 Possible Mailing Address: 2672 Chestnut Road, Elizabethtown, PA 17022 I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Patricia A. Emeigh - xxx-xx-5765 B. EMPLOYMENT SEARCH Patricia A. Emeigh - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Patricia A. Emeigh reside(s) at: 465 Wolf Bridge Road, Carlisle, PA 17013. 1I. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases, which indicated that Patricia A.:Emeigh reside(s) at: 2672 Chestnut Road, Elizabethtown, PA 17022. On 03-02-12 our office made several telephone calls to the subject's phone number (717) 361-7429 and received the following information: answering machine. B. On 03-02-12 our office made a telephone call to a possible phone number of the subject(s) (610) 481-9828 and received the following information: not in service. Our office was unable to locate any heir for Patricia A. Emeigh. III. OBITUARY SEARCH A. Attempted to find obituary via http://oa.newsbank.com/ B. Found obituary published March 30, 2010 in the Patriot -News, The (Harrisburg, PA). See attached. IV. INQUIRY OF HEIRS AND NEIGHBORS On 03-02-12 our office was unable to locate any information for Barbara Shellenberger, relative of Patricia A. Emeigh. On 03-02-12 our office was tunable to locate any information for Robert, relative of Patricia A. Emeigh. On 03-02-12 our office was unable to locate any information for Richfield. Emeigh, relative of Patricia A. Emeigh. On 03-02-12 our office was unable to locate any information for Bette Morris, relative of Patricia A. Emeigh. On 03-02-12 our office attempted to contact Timothy H. Emeigh, relative of Patricia A. Emeigh at: 644 Fickes School Road, Lot 2, York Springs, PA 17372, but was unable to get any phone number for her. On 03-02-12 our office attempted to contact Tammy Emeigh, relative of Patricia A. Emeigh at: 644 Fickes School Road, York Springs, PA 17372, but was unable to get any phone number for her. On 03-02-12 our office attempted to contact Annie Erneigh, relative of Patricia A. Emeigh at: 138 South Locust Street, Camp Hill, PA 17011, but was unable to get any phone number for her. On 03-02-12 our office attempted to contact Karri L. Eisenhour, potential relative of Patricia A. Emeigh at: 2672 Chestnut Road, Elizabethtown, PA 17022, but was unable to get any phone number for her, On 03-02-12 our office attempted to contact Patricia A. Erneigh, potential relative of Patricia A. Emeigh at 465 Wolf Bridge Road, Carlisle, PA 17013, but was unable to get any phone number for her. On 03-02-12 our office attempted to contact Patricia M. Sullivan, potential relative of Patricia A. Emeigh at: 2672 Chestnut Road, Elizabethtown, PA 17022, but was unable to get any phone number for her, On 03-02-12 our office attempted to contact Bili H. Sullivan, potential relative of Patricia A. Emeigh at: 627 Johnson Avenue, Seguin, TX 78155, but was unable to get any phone number for him. On 03-02-12 our office attempted to contact James E. Sullivan Sr., potential relative of Patricia A. Emeigh at: 2672 Chestnut Road, Elizabethtown, PA 17022, but was unable to get any phone number for him. On 03-02-12 our office made several phone calls in an attempt to contact Susan E. Emeigh, relative. of Patricia A. Emeigh at (717) 249-7602, 465 Wolf Bridge Road, Carlisle, PA 17013: answering machine. On 03-02-12 our office :made a phone call in an attempt to contact Jason T. Emeigh, relative of Patricia A. Emeigh at (717) 241-0714, 465 Wolf Bridge Road, Carlisle, PA 17013: not in service. On 03-02-12 our office made a phone call in an attempt to contact David Emeigh, relative of Patricia A. Emeigh at (717) 761.-3927,138 South Locust Street, Camp Hill, PA 17011: spoke with an unidentified female who could not confirm any heir information for Patricia A. Emeigh. On 03-02-12 our office made a phone call in an attempt to contact Patricia O. Sullivan, potential relative of Patricia A. Emeigh at (512) 392-5049, 627 Johnson Avenue, Seguin, TX 78155: not in service. On 03-02-12 our office made several phone calls in an attempt to contact Michelle M. Myers, neighbor of the subject at (717) 243-3436, 468 Wolf Bridge Road, Carlisle, PA 17013: answering machine. On 03-02-12 our office made a phone call in an attempt to contact Betty J. Rohrer, neighbor of the subject at (717) 249- 4698, 458 Wolf Bridge Road, Carlisle, PA 17013: not in service. On 03-02-12 our office made several phone calls in an attempt to contact Scott P. Rohrer, neighbor of the subject at (717) 245-0238, 457 Wolf Bridge Road, Carlisle, PA 17013: answering machine. On 03-02-12 our office made several phone calls in an attempt to contact Francis B. Schofield, neighbor of the subject at (717) 361-0887, 2662 Chestnut Road, Elizabethtown, PA 17022: answering machine. On 03-02-12 our office made several phone calls in an attempt to contact Victor H. Seesholtz, neighbor of the subject at (717) 367-9608, 2692 Chestnut Road, Elizabethtown, PA 17022: answering machine. On 03-02-12 our office made several phone calls in an attempt to contact Ray E. Shearer, neighbor of the subject at (717) 367-4905, 2650 Chestnut Road, Elizabethtown, PA 17022: answering machine. Our office was unable to locate any heir for Patricia A. Emeigh. V. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 03-02-12 we reviewed the National Address database and found the following information: Patricia A. Emeigh - 2672 Chestnut Road, Elizabethtown, PA 17022. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: 2672 Chestnut Road, Elizabethtown, PA 17022. VI. OTHER INQUIRIES A. DEATH RECORDS• As of 03-02-12 Vital Records and all public databases have no death record on file for Patricia A. Emeigh. VU. ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Patricia A. Emeigh -1933 B. DATE OF DEATH Patricia A. Emeigh - not available C. A.K.A. Patricia Marie Emeigh; Patricia M. Frentz; Patricia M. Sullivan Sr. * Our accessible databases have been checked and cross-referenced for the above named individual(s). * PIease be advised our database information indicates the subject resides at the current address. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unsworn • falsification to authorities. LJ The above information is obtained from available public records and we are only liable for the cost of the affidavit. ObitsArchive.com: Document Display Page 1 of 1 ObitsArchive.com Patriot -News, The (Harrisburg, PA) - March 30, 2010 Deceased Name: Patricia A. Emeigh Patricia A. Emeigh, 77, of Carlisle, died Sunday, March 28, 2010 at the Carlisle Regional Medical Center. Born March 1, 1933 in Altoona, she was a daughter of the late Thomas and Mildred Bogel Ratchford and the widow of Harold R. Erneigh. Surviving are two daughters, Barbara Shellenberger and husband, Robert, of Richfield and Susan Erneigh of Carlisle; three sons, Timothy Emeigh and wife, Tammy, of York Springs, Jason Emeigh of Carlisle and David Emeigh and wife, Amie, of Shiremanstown; eleven grandchildren; two great grandchildren; and one sister, Bette Morris of Cleveland, OH. Also two nieces and four nephews. Funeral services will be held at 10:30 am, Thursday, April 1, 2010 at Hoffman -Roth Funeral Home & Crematory, Inc., 219 North Hanover Street, Carlisle, with Rev. Richard L. Reese officiating. Burial will be in Cumberland Valley Memorial Gardens, Carlisle. A viewing will be held from 7:00-9:00 pm, Wednesday, March 31, 2010 at the funeral home. Memorial contributions may be made to St. Jude Childrens Research Hospital, 501 St. Jude Place, Memphis, TN 38105-1942. To sign the guest book visit www.hoffmanroth.com. www.pennlive.com/obits * * * * * Patriot -News, The (Harrisburg, PA) Date: March 30, 2010 Edition: FINAL Page: A07 Record Number: 1003304490333 Copyright, 2010, The Patriot -News Co. All Rights Reserved. Used with permission.. http://www.obitsarchive.com/oa-search/we/Archives?p_action=print&p_docid=12EEA3FD... 3/2/2012 PHELAN HALLINAN & SCHMLEG, LLP 1617 .FFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 320-0007, Ext. 1241 Fax: 215-563-3352 September 19, 2012 BARBARA SHELLENBERGER, Heir of PATRICIA A. EMEIGH, Deceased 480 SNYDER ST RICHFIELD, PA 17086 SUSAN EMEIGH, Heir of PATRICIA A. EMEIGH, Deceased 465 WOLF BRIDGE ROAD CARLISLE, PA 17013-8837 TIMOTHY EMEIGH, Heir of PATRICIA A. EMEIGH, Deceased ' 644 FICKES SCHOOL RD YORK SPRINGS, PA 17372 DAVID EMEIGH, Heir of PATRICIA A. EMEIGH, Deceased 644 FICKES SCHOOL RD YORK SPRINGS, PA 17372 JASON EMEIGH, Heir of PATRICIA A. EMEIGH, Deceased 465 WOLF BRIDGE ROAD CARLISLE, PA 17013-8837 RE: PATRICIA A. EMEIGH; 465 WOLF BRIDGE ROAD, CARLISLE, PA 17013-8837; CITIMORTGAGE, INC.; PHS# 284436 Dear Sir/Madam(s): Kindly be advised that the Law Offices of Phelan Hallinan & Schmieg, LLP represent CITIFINANCIAL SERVICES, 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 PATRICIA A. EMEIGH's unfortunate death. We are sorry for your loss. As a possible heir of PATRICIA A. EMEIGH, you may have a vested ownership interest in the mortgaged premises upon her 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 tiff t g * 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. 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 the 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. Our Office also requests that you please provide us with any additional heir information for PATRICIA A. EMEIGH, Deceased. Thank you for your cooperation in this regard. Please note that this waiver does not preclude you from attempting to sell the subject premises and recovering any possible 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. If 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. 1241 Sincerely :Tob�i� eel. Kolesnik, Esq., Id. No.308877 6rtey 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, BARBARA SHELLENBERGER, Heir of PATRICIA A. EMEIGH, Deceased, hereby acknowledge that I may have an ownership interest in the property located at 465 WOLF BRIDGE ROAD, CARLISLE, PA 17013-8837, 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.R.C.P. 1141 et seq., which may be instituted by CITIFINANCIAL SERVICES, INC., involving said property, which property was owned by the decedent at the time of her 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:: BARBARA SHELLENBERGER, Heir of PATRICIA A. EMEIGH, Deceased WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, SUSAN EMEIGH, Heir of PATRICIA A. EMEIGH, Deceased, hereby acknowledge that I may have an ownership interest in the property located at 465 WOLF BRIDGE ROAD, CARLISLE, PA 17013-8837, 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.R.C.P. 1141 et seq., which may be instituted by CITIFINANCIAL SERVICES, INC., involving said property, which property was owned by the decedent at the time of her 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: SUSAN EMEIGH. Heir of PATRICIA A. EMEIGH, Deceased WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, TIMOTHY EMEIGH, Heir of PATRICIA A. EMEIGH, Deceased, hereby acknowledge that I may have an ownership interest in the property located at 465 WOLF BRIDGE ROAD, CARLISLE, PA 17013-8837, 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.R.C.P. 1141 et seq., which may be instituted by CITIFINANCIAL SERVICES, INC., involving said property, which property was owned by the decedent at the time of her 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; TIMOTHY EMEIGH, Heir of PATRICIA A. EMEIGH, Deceased WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, DAVID EMEIGH, Heir of PATRICIA A. EMEIGH, Deceased, hereby acknowledge that I may have an ownership interest in the property located at 465 WOLF BRIDGE ROAD, CARLISLE, PA 17013-8837, 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.R.C.P. 1141 et seq., which may be instituted by CITIFINANCIAL SERVICES, INC., involving said property, which property was owned by the decedent at the time of her 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: DAVID EMEIGH, Heir of PATRICIA A. EMEIGH, Deceased WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, JASON EMEIGH, Heir of PATRICIA A. EMEIGH, Deceased, hereby acknowledge that I may have an ownership interest in the property located at 465 \VOLF BRIDGE ROAD, CARLISLE, PA 17013-8837, 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.R.C.P. 1141 et seq., which may be instituted by CITIFINANCIAL SERVICES, INC., involving said property, which property was owned by the decedent at the time of her 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: JASON EMEIGH, Heir of PATRICIA A. EMEIGH, Deceased Exhibit "E" WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, TIMOTHY EMEIGH, Heir of PATRICIA A. EMEIGH, Deceased, hereby acknowledge that I may have an ownership interest in the property located at 465 WOLF BRIDGE ROAD, CARLISLE, PA 17013-8837, 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.R.C.P. 1141 et seq., which may be instituted by CITIFINANCIAL SERVICES, INC., involving said property, which property was owned by the decedent at the time of her 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: MOTEMEIGH; Heir of PATRICIA A. EMEIGH, Deceased WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, BARBARA SHELLENBERGER, Heir of PATRICIA A. EMEIGH, Deceased, hereby acknowledge that I may have an ownership interest in the property located at 465 WOLF BRIDGE ROAD, CARLISLE, PA 17013-8837, 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.R.C.P. 1141 et seq., which may be instituted by CITIFINANCIAL SERVICES, INC., involving said property, which property was owned by the decedent at the time of her death. I hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriffs 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: 4.e07 -e/ tag BARBARA SHELLENBERGER,Yejr of PATRICIA A. EMEIGH, Deceased Exhibit "F" f _ PHELAN HALLINAN, LLP Michael Dingerdissen, Esq., Id. No.317124 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza . Philadelphia, ISA 19103 Michael.Dingerdi ssen®phel anhal1 inan.com 215-563-7000 CITIFINANCIAL SERVICING LLC 6400 LAS COLINAS BLVD. IRVING, TX 75039 Plaintiff v. THE HAROLD R. EMEIGH AND PATRICIA A. EMEIGH REVOCABLE LIVING TRUST 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 UNKNOWN SUCCESSOR TRUSTEE OF THE HAROLD R. EMEIGH AND PATRICIA A. EMEIGH REVOCABLE LIVING TRUST 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 UNKNOWN BENEFICIARIES OF THE HAROLD R. EMEIGH AND PATRICIA A. EMEIGH REVOCABLE LIVING TRUST 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 SUSAN EMEIGH, in her capacity as Heir of PATRICIA A. EMEIGH, Deceased 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 )01 DAVID EMEIGH, in his capacity as Heip1j RATRICIA A. I;1lC?IY, Deceased Q ��•" 644 FICKES SCHOOL RD YORK SPRINGS, PA 17372 JASON EMEIGH, in his capacity as Heir of PATRICIA A. EMEIGH, Deceased 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER PATRICIA A. EMEIGH, DECEASED 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 Defendants File 8 778268 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION :1w j1,aqy CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE We hero to be a rnr, 9f thv nr;.. N) s E T 0 N A s E T 0 N B Supreme Court of Pennsylvania Courtof Comm�n Pleas Cover Sjieet CUMEERLANDc-,0 County < , . • • ...." For Prothonotary Use Only: Docket No: The information collected on this orm is used ,solely for court administration purposes. This form does not supplement or re laCeihe fihing and service ofpleadings or other papers as required by law or rules o court. Commencement of Action: 0 Complaint 0 Writ of Summons 0 Petition 0 Transfer from Another Jurisdiction 0 Declaration of Taking Lead Plaintiff's Name: C TIFINANCIAL SERVICING LLC Lead Defendant's Name: THE HAROLD R. EMEIGH AND PATRICIA A. EMEIGH REVOCABLE LIVING TRUST Dollar Amount Requested: El within arbitration limits Are money damages requested? li Yes • No (Check one) • outside arbitration limits Is this a Class Action Suit? 0 Yes • No Is this an MDJ Appeal? • Yes • No Name of Plaintiff/Appellant's Attorney: Michael Dingerdissen, Esq., Id. No.317124, Phelan Hallinan, LLP El Check here. if you have no attorney (are a SeIf-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) 0 Intentional 0 Malicious Prosecution 0 Motor Vehicle 0 Nuisance • 0 Premises Liability 0 Product Liability (does not include mass tort) 0 Slander/Libel/ Defamation. 0 Other: MASS TORT 0 Asbestos 7 0 Tobacco 0 Toxic Tort - DES 0 Toxic Tort - Implant 0 Toxic Waste 0 Other: PROFESSIONAL LIABILITY 0 Dental 0 Legal 0 Medical 0 Other Professional: Pa.R.CP. 205.5 CONTRACT (do not include Judgments) 0 Buyer Plaintiff 0 Debt Collection: Credit Card 0 Debt Collection: Other 0 Employment Dispute: Discrimination_ 0 Employment D4ute:'Other 0 Other: REAL PROPERTY, 0 Ejectment 0 Eminent Domain/Condemnation 0 Ground Rent 0 Landlord/Tenarft Dispute IQ Mortgage Foreclosure: Residential O Mortgage Foreclosure: Commercial 0 Partition 0 Quiet Title 0 Other: CIVIL APPEALS Administrative Agencies 0 Board of Assessment 0 Board of Elections 0 Dept. of Transportation 0 Statutory Appeal: Other 0 Zoning Board 0 Other: MISCELLANEOUS 0 Common Law/Statutory Arbitration 0 Declaratory Judgment 0 Mandamus 0 Non -Domestic Relations Restraining Order El Quo Warranto 0 Replevin 0 Other: Updated 01/01/2011 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Please 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 Please provide the following information to the best of your knowledge: CUSTOMER/PRIMARY 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 n No ❑ Mailing Address (if different): City: Phone Numbers: State: Zip: Home: Cell: Office: Other: Email: # of people in household: How long? CO -BORROWER Mailing Address: City: Phone Numbers: State: Zip: Home: Cell: Office: 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: Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Please 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 Please provide the following information to the best of your knowledge: CUSTOMER/PRIMARY APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No n Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes n No ❑ Mailing Address (if different): City: Phone Numbers: State: Zip: Home: Cell: Office: Other: Email: # of people in household: How long? CO -BORROWER Mailing Address: City: Phone Numbers: State: Zip: Home: Cell: Office: 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 n No n 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 Monthly Income Name of Employers: 1. 2. 3. Year: Year: 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 2nd 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 Support/Alim. Spending Money Day/Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yesfl No L 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 El No ri 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 1-1 No E If yes, please indicate the status of those negotiations: Please provide the following information, if you know, regarding your lender or'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 services provided by the above named Borrower Signature Date Co -Borrower Signature Date Please forward this page along with the following information to lender: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the Last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) PHELAN HALLINAN, LLP Michael Dingerdissen, Esq., Id. No.317124 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 M ichael.Dingerdi ssen@phelanhal I inan.com 215-563-7000 ATTORNEY FOR PLAINTIFF CITIFINANCIAL SERVICING LLC 6400 LAS COLINAS BLVD. COURT OF COMMON PLEAS IRVING, TX 75039 , CIVIL DIVISION Plaintiff v. TERM THE HAROLD R. EMEIGH AND PATRICIA A. EMEIGH REVOCABLE LIVING TRUST 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 UNKNOWN SUCCESSOR TRUSTEE OF THE HAROLD R. EMEIGH AND PATRICIA A. EMEIGH REVOCABLE LIVING TRUST 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 UNKNOWN BENEFICIARIES OF THE HAROLD R. EMEIGH AND PATRICIA A. EMEIGH REVOCABLE LIVING TRUST 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 SUSAN EMEIGH, in her capacity as Heir of PATRICIA A. EMEIGH, Deceased 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 DAVID EMEIGH, in his capacity as Heir of PATRICIA A. EMEIGH, Deceased 644 FICKES SCHOOL RD YORK SPRINGS, PA 17372 JASON EMEIGH, in his capacity as Heir of PATRICIA A. EMEIGH, Deceased 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER PATRICIA A. EMEIGH, DECEASED 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 Defendants File #: 778268 NO. CUMBERLAND COUNTY • CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is CITIFINANCIAL SERVICING LLC 6400 LAS COLINAS BLVD. IRVING, TX 75039 2. The name(s) and Last known address(es) of the Defendant(s) are: THE HAROLD R. EMEIGH AND PATRICIA A. EMEIGH REVOCABLE LIVING TRUST 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 UNKNOWN SUCCESSOR TRUSTEE OF THE HAROLD R. EMEIGH AND PATRICIA A. EMEIGH REVOCABLE LIVING TRUST 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 UNKNOWN BENEFICIARIES OF THE HAROLD R. EMEIGH AND PATRICIA A. EMEIGH REVOCABLE LIVING TRUST 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 SUSAN EMEIGH, in her capacity as Heir of PATRICIA A. EMEIGH, Deceased 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 DAVID EMEIGH, in his capacity as Heir of PATRICIA A. EMEIGH, Deceased 644 FICKES SCHOOL RD YORK SPRINGS, PA 17372 JASON EMEIGH, in his capacity as Heir of PATRICIA A. EMEIGH, Deceased 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER PATRICIA A. EMEIGH, DECEASED 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 who is/are the real owner(s) of the property hereinafter described. File 8: 778268 3 On 08/11/2003 PATRICIA A. EMEIGH made, executed and delivered a mortgage upon the premises hereinafter described to CITIFINANCIAL SERVICES, INC. , which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1833, Page 3063. By Assignment of Mortgage recorded 09/15/2014 the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Assignment of Mortgage Instrument No. 201420781.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 06/15/2011 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 10/17/2014: Principal Balance $62,536.52 Interest $17,678.45 05/14/2011 through 10/17/2014 Late Charges $0.00 Taxes $2,521.99 TOTAL $82,736.96 7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of File #: 778268 Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. Notice of the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, is not required as the mortgagor is more than 24 months in arrears on the mortgage. 10. HAROLD R. EMEIGH was a co -record owner of the mortgaged premises as a tenant by the entirety. By virtue of HAROLD R. EMEIGH'S death on or about 03/13/2002, his ownership interest was automatically vested in the surviving tenant by the entirety. 11. Mortgagor PATRICIA A. EMEIGH died on 03/28/2010 and upon information and belief, her surviving heirs are SUSAN EMEIGH, TIMOTHY EMEIGH, DAVID EMEIGH, BARBARA SHELLENBERGER and JASON EMEIGH. 12. Subsequently, title to the mortgage premises was conveyed by Harold R. Emeigh and Patricia A. Emeigh, to, The Harold R. Emeigh and Patricia A. Emeigh Revocable Living Trust dated 08/19/2001, recorded 08/20/2001 in Book 247, Page 4850. 13. Plaintiff's representative contacted the Register of Wills of Cumberland County and was informed that no estate has been raised on behalf of the decedent mortgagor. File #: 778268 14. By executed waivers, BARBARA SHELLENBERGER and TIMOTHY EMEIGH waived their right to be named as defendants in the foreclosure action. Said waivers are attached as Exhibit "A" 15. Plaintiff hereby releases PATRICIA A. EMEIGH and HAROLD R. EMEIGH, from liability for the debt secured by the mortgage. 16. Plaintiff does not hold the named Defendants, SUSAN EMEIGH, DAVID EMEIGH, and JASON EMEIGH, personally liable on this cause of action. This action is being brought to foreclose the interest of the said Defendants in the aforesaid real estate only, and the Defendants have been named in accordance with the requirements of Pa R.C.P. r., 1144(a)(2) and 20 Pa.C.S.A. § 301(b). WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $82,736.96, 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. By: Michael ingerdissen, Esq., Id. No.317124 Attorney for Plaintiff PHELAN HALLINAN, LLP File #: 778268 a -• LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Middlesex Township, County of Cumberland, and State of Pennsylvania, bounded and described as follows: BEGINNING at a stone in the public road leading from Sterrett's Gap Road to 'Wolfs Fording'; thence by said road, North 70 degrees West 18.8 perches to a stone; thence by lands now or formerly of J. H. Ziegler, North 58-1/2 degrees East, 40.2 perches to a stone; thence by,same, South 13 degrees East 15.3 perches to a stone; thence by land now or formerly of Linn McCullough, South 58-1/2 degrees West 24 perches to a stone in the public road, the place of BEGINNING. CONTAINING Three Acres, neat measure, and being improved with a two-story weatherboarded dwelling house and other improvements. UNDER AND SUBJECT to and together with the rights, privileges, agreements, rights-of-way, easements, conditions, exceptions, restrictions and reservations as exist by virtue of prior recorded instruments, deeds or conveyances. For chain of title see Deed recorded in the aforesaid County in Deed Book Volume 16, page 135. Being the same as Tax Parcel Number 21-13-0968-054. PROPERTY ADDRESS: 465 WOLFS BRIDGE ROAD, CARLISLE, PA 17013-8837 PARCEL #21-13-0968-054 File 8: 778268 Exhibit "A" WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, TIMOTHY EMEIGH, Heir of PATRICIA A. EMEIGH, Deceased, hereby acknowledge that I may have an ownership interest in the property located at 465 WOLF BRIDGE ROAD, CARLISLE, PA 17013-8837, 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.R.C.P. 1141 et seq., which may be instituted by CITIFINANCIAL SERVICES, INC., involving said property, which property was owned by the decedent at the time of her death. I hereby consent to the foreclosure action, without any further notice of said action, including but not limited to the Sheriffs 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: ii7• 7MOTHY EM He r /11,:174, of PATRICIA A. EMEIGH, Deceased WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, BARBARA SHELLENBERGER, Heir of PATRICIA A. EMEIGH, Deceased, hereby acknowledge that I may have an ownership interest in the property located at 465 WOLF BRIDGE ROAD, CARLISLE, PA 17013-8837, 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.R.C.P. 1141 et seq., which may be instituted by CITIFINANCIAL SERVICES, INC., involving said property, which property was owned by the decedent at the time of her 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: BARBARA SHELLENBERGER, Heir of PATRICIA A. EMEIGH, Deceased VERIFICATION Jorge G. Orrantia, hereby states that he/she is employed as a Vice President — Document Control of CitiMortgage, Inc. Pursuant to an agreement, CitiMortgage, Inc., provides certain loan servicing activities to CITIFINANCIAL SERVICING LLC, the Plaintiff in this matter. I am authorized to execute this Verification on behalf of CITIFINANCIAL SERVICING LLC pursuant to the corporate resolutions of CITIFINANCIAL SERVICING LLC. The statements of factcontained 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 Name: Jor e . Orrantia Date: OCToene `,20/S/ File#: 778268 Name: EMEIGH File #: 778268 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 November 10, 2014 THE HAROLD R. EMEIGH AND PATRICIA A. EMEIGH REVOCABLE LIVING TRUST 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 UNKNOWN SUCCESSOR TRUSTEE OF THE HAROLD R. EMEIGH AND PATRICIA A. EMEIGH REVOCABLE LIVING TRUST 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 UNKNOWN BENEFICIARIES OF THE HAROLD R. EMEIGH AND PATRICIA A. EMEIGH REVOCABLE LIVING TRUST 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 SUSAN EMEIGH 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 DAVID EMEIGH 644 FICKES SCHOOL RD YORK SPRINGS, PA 17372 JASON EMEIGH 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER PATRICIA A. EMEIGH, DECEASED 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 RE: CITIFINANCIAL SERVICING LLC vs. THE HAROLD R. EMEIGH AND PATRICIA A. EMEIGH REVOCABLE LIVING TRUST ET AL. Civil Docket No. 14-6294CIV1L PH # PH # 778268/NRU 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 am seeking your concurrence. with the requested relief. Please respond to me within one week, by Should you have any further questions or concerns, please feel free to contact me. Otherwise, please be guided accordingly. Sincerely, Adam IL Davis, Esq., Id. No.203034 Phelan Hallinan, LLP PH # PH 4 778268/NRU Name and Address Of Sender Phelan Hallinan, LLP 1111* 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 NRUti$ l3 O Crn -. a Line Article Number Name of Addressee, Street, and Post Office Address l Postage:LI ' C• -•p 1 **** The Harold R. Emeigh and Patricia A. Emeigh Revocable Living Trust 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 $0.48 (� : t. ti t'lrn'en ,., a •.''', n.,„8 2 **** Unknown Successor Trustee of The Harold IL Emeigh and Patricia A. Emeigh Revocable Living Trust 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 u•, . $0.48 IliY '.; .. `*{''' ,r,"�tij 3 **** Unknown Beneficiaries of The Harold R. Emeigh and Patricia A. Emeigh Revocable Living Trust 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 $0,48''"" ?;T%, �H1� ' 1, ' ' k iii, •.� 4 **** Susan Emeigh, in Her Capacity as Heir of Patricia A. Emeigh, Deceased ' 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 David Emeigh, in His Capacity as Heir of Patricia A. Emeigh, Deceased 644 FIC.KES SCHOOL RD YORK SPRINGS, PA 17372 ,"l .48 '`"` cb ��°' Iha \,, /fib $0:4$'/,1,) --- 5 **** 6 **** Jason Emeigh, in His Capacity as Heir of Patricia A. Emeigh, Deceased 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 $0.48 7 **** Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest From or Under Patricia A. Emeigh, Deceased 465 WOLFS BRIDGE ROAD CARLISLE, PA 17013-8837 $0.48 RE: THE HAROLD R. EMEIGH AND PATRICIA A. EMEIGH REVOCABLE LIVING TRUST (CUMBERLAND)._TEAM 4 PH # 778268/1021 Page 1 of 1 $3.84 Total Number of Pieces Listed by Sender Total Number of Pieces Received at Post Office Postmaster. Per (Name of Receiving Employee) The full declaration of value is required on all domestic and international registered mail. The maximum indemnity payable for the reconstruction of nonnegotiable documents under Express Mail document reconstruction insurance is $50,000 per piece subject to a limit of $500,000 per occurrence. The maximum indemnity payable on Express Mail merchandise is $500. The maximum indemnity payable is 525,000 for registered mail, sent with optional insurance. See Domestic Mail Manual R900 5913 and 5921 for limitations of coverage. orm. 3877 Facsimile PH # PH # 778268/NRU I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA C1'I'IFINANCIAL SERVICING LLC COURT OF COMMON PLEAS vs. CIVIL DIVISION • THE HAROLD R. EMEIGH AND PATRICIA A. • NO. 14 6294CIVIL EMEIGH REVOCABLE LIVING TRUST CUMBERLAND COUNTY • '', ET AL. ORDER AND NOW, this / (o' dayof �' a.►•,, 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 Defendants, THE HAROLD R. EMEIGH AND PATRICIA A. EMEIGH REVOCABLE LIVING TRUST, 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 465 WOLFS BRIDGE ROAD, CARLISLE, PA 17013-8837, and by posting of the mortgaged premises at 465 WOLFS BRIDGE ROAD, CARLISLE, PA 17013-8837 by the Sheriff or by a non-party competent adult. Service by mail is complete upon the date of mailing. 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 4 URT: •-. m j J. . f rp' cP '&cL !//Ltd A _ baL