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HomeMy WebLinkAbout06-6603,PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CITIFINANCIAL MORTGAGE COMPANY, INC., F/K/A FORD CONSUMER DISCOUNT COMPANY 1111NORTHPOINT DRIVE BUILDING 4, SUITE 100 COPPELL, TX 75019 Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6603 CIVIL TERM V. JAY HOLLAND AMY HOLLAND Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against JAY HOLLAND and AMY HOLLAND, Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 11/14/06 to 02/02/07 TOTAL $43,305.68 $1,016.00 $44,321.68 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 1=1?zn'r-k, ? 3 ? a,pp7 4? PR PROTHY 143826 •PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CITIFINANCIAL MORTGAGE COMPANY, INC., F/K/A FORD CONSUMER DISCOUNT COMPANY 1111NORTHPOINT DRIVE BUILDING 4, SUITE 100 COPPELL, TX 75019 Plaintiff, V. JAY HOLLAND AMY HOLLAND Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION . N0.06-6603 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JAY HOLLAND is over 18 years of age and resides at , 313 ZION ROAD,MOUNT HOLLY SPRINGS, PA 17065. (c) that defendant AMY HOLLAND is over 18 years of age, and resides at, 313 ZION ROAD, MOUNT HOLLY SPRINGS, PA 17065. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. 0 b r f 1011LA A 1 S", . DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff -PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 CITIFINANCIAL MORTGAGE COMPANY, INC., F/K/A FORD CONSUMER DISCOUNT COMPANY Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION Vs. JAY B. HOLLAND AMY J. HOLLAND A/K/A AMY RICH Defendants TO: AMY J. HOLLAND A/K/A AMY RICH 313 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065 DATE OF NOTICE: JANUARY 22, 2007 Fv 1, L E ` C J _ -i THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 CUMBERLAND COUNTY :NO. 06-6603-CIVIL TERM F NCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 CITIFINANCIAL MORTGAGE COMPANY, INC., : COURT OF COMMON PLEAS F/KJA FORD CONSUMER DISCOUNT COMPANY Plaintiff : CIVIL DIVISION Vs. JAY B. HOLLAND AMY J. HOLLAND A/K/A AMY RICH Defendants TO: JAY B. HOLLAND 313 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065 DATE OF NOTICE: JANUARY 22, 2007 : CUMBERLAND COUNTY : NO. 06-6603-CIVIL TERM Oft THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 F NCIS S. HALLI AN, ESQUIRE Attorneys for Plaintiff -70 C7 W R tV ? _'1J T 1 (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CITIFINANCIAL MORTGAGE COMPANY, INC., F/K/A FORD CONSUMER DISCOUNT COMPANY 1111NORTHPOINT DRIVE BUILDING 41 SUITE 100 COPPELL, TX 75019 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, V. JAY HOLLAND AMY HOLLAND Defendant(s). NO. 06-6603 CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on Q 2007. By: If you have any questions concerning this matter, please contact: u Eh DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." { (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CITIFINANCIAL MORTGAGE COMPANY, INC., F/K/A FORD CONSUMER DISCOUNT COMPANY Plaintiff, V. JAY HOLLAND AMY HOLLAND No. 06-6603 CIVIL TERM Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 02/02/07 to JUNE 13, 2007 (per diem -$7.29) $44,321.68 v-" $962.28 and Costs TOTAL $45,283.96 DANIEL G. SC IEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 143826 ad n da d a ?, a? ? A W L7 ? °a o w p ? ?A O w ?V U?+ s ? T1; f r ? ;RP AZ as Oa ?x d 0 U W C d y o W y 00 U w 1 Y 1 V V V O v Y v 4 L4 Q L4 L4 c? try cs? `? w O ?d P+ M r a as ao o° O ? M M d N 1r 4 J 1V¦ L4 Ul n lop ? N (Q ' l ?Y C1 DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in South Middletown Township, Cumberland County, Pennsylvania, bounded and described as follows: On the North by land now or formerly of James T. Spence, now or formerly of Paul Murtoff; on the East by the Public Road leading from Mount Holly Springs to Mt. Zion, also known as Mountain Street Extended; on the South by land now or formerly of H.J. Sherman, now or formerly of James T. Spence, now or formerly of Paul Murtoff. HAVING a frontage of 60 feet and extending 363 feet in depth; containing one-half (1/2) acre; and being improved with a two-story frame dwelling house. TITLE TO SAID PREMISES IS VESTED IN Jay B. Holland and Amy J. Holland, husband and wife, by Deed from Ronald Baer, Executor under the Last Will and Testament of Emma M. Baer, late, dated 09/27/1995, recorded 09/28/1995, in Deed Book 128, page 1002. PREMISES BEING: 313 ZION ROAD, MOUNT HOLLY SPRINGS, PA 17065 PARCEL NO. 40-31-2185-026 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6603 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIFINANCIAL MORTGAGE COMPANY, INC., F/K/A FORD CONSUMER DISCOUNT COMPANY, Plaintiff (s) From JAY HOLLAND AND AMY HOLLAND (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $44,321.68 L. L. $.50 Interest FROM 2/2/07 TO 6/13/07 (PER DIEM - $7.29) - $962.28 AND COSTS Atty's Comm % Atty Paid $162.56 Plaintiff Paid Date: MARCH 13, 2007 (Seal) REQUESTING PARTY: Due Prothy $1.00 Other Costs C s R. Long, P nota By: Deputy Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 143826 CITIFINANCIAL MORTGAGE COMPANY, INC., F/K/A FORD CONSUMER DISCOUNT COMPANY 1111 NORTHPOINT DRIVE BUILDING 4, SUITE 100 COPPELL, TX 75019 Plaintiff V. JAY B. HOLLAND AMY J. HOLLAND A/K/A AMY RICH 313 ZION ROAD MOUNTY HOLLY SPRINGS, PA 17065 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 0t -"W 1.lVc,? CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 143826 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 143826 Plaintiff is CITIFINANCIAL MORTGAGE COMPANY, INC., F/K/A FORD CONSUMER DISCOUNT COMPANY 1111 NORTHPOINT DRIVE BUILDING 4, SUITE 100 COPPELL, TX 75019 2. The name(s) and last known address(es) of the Defendant(s) are: JAY B. HOLLAND AMY J. HOLLAND A/K/A AMY RICH 313 ZION ROAD MOUNTY HOLLY SPRINGS, PA 17065 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 09/27/1995 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1284, Page: 234. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2006 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. File #: 143826 6. The following amounts are due on the mortgage: Principal Balance $38,302.87 Interest 2,107.80 06/01/2006 through 11/13/2006 (Per Diem $12.70) Attorney's Fees 1,250.00 Cumulative Late Charges 0.00 09/27/1995 to 11/13/2006 Cost of Suit and Title Search 550.00 Subtotal $ 42,210.67 Escrow Credit 0.00 Deficit 1,095.01 Subtotal $ 1,095.01 TOTAL $ 43,305.68 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 43,305.68, together with interest from 11/13/2006 at the rate of $12.70 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHEg/s/Franci ALLINAN & SCHMIEG, LLP By: sS. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 143826 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in South Middletown Township, Cumberland County, Pennsylvania, bounded and described as follows: On the North by land now or formerly of James T. Spence, now or formerly of Paul Murtoff; on the East by the Public Road leading from Mount Holly Springs to Mt. Zion, also known as Mountain Street Extended; on the South by land now or formerly of H.J. Sherman, now or formerly of James T. Spence, now or formerly of Paul Murtoff. HAVING a frontage of 60 feet and extending 363 feet in depth; containing one-half (1/2) acre; and being improved with a two-story frame dwelling house. BEING the same premises that Gertie Mae McLaughlin, widow; Kathleen M. Leib and Lee M. Leib, her husband; John S. McLaughlin and Geraldine A. McLaughlin, husband and wife; Reba M. Weary and Russell Weary, her husband; Hazel M. Cline and Russell Cline, her husband; Ralph C. McLaughlin and Dorothy G. McLaughlin, husband and wife; Verna M. McCauslin and Fred McCauslin, her husband; Marie M. Cvetko and Joseph Cvetko, her husband; Ruth M. Shenk and Paul J. Shenk, her husband; Marlin McLaughlin and Conevieve McLaughlin, husband and wife; Carl A. Goodling and Alfaretta T. Goodling, husband and wife; Evelyn G. Long and Raymond Long, her husband; Robert C. Goodling and Lillie R. Goodling, husband and wife, Margaret G. Verow and Edward H. Verow, her husband, by their deed dated the 10th day of December, 1962, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book'V', Volume 320 Page 136, granted and conveyed unto Irvin P. Baer and Emma Mae Baer. PREMISES BEING 313 ZION ROAD File #: 143826 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: X 11131OG V? 177 Lr7 1 .{ C`1 -js CD GQ SHERIFF'S RETURN - NOT FOUND ft CASE NO: 2006-06603 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CITIFINANCIAL MORTGAGE COMPANY VS HOLLAND JAY B ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT HOLLAND JAY B but was unable to locate Him in his bailiwick. He therefore returns the /" Art TIT T TTTrfI T/f/I TIT =/InU the within named DEFENDANT 313 ZION ROAD MT HOLLY SPRINGS, PA 17065 DEFENDANT' LIVES IN CALIFORNIA. , HOLLAND JAY B NOT FOUND , as to Sheriff's Costs: So answers Docketing 18.00 Service 5.28 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 38.28?' PHELAN HALLINAN SCHMIEG 11/27/2006 Sworn and Subscribed to before me this day of , A.D. SHERIFF'S RETURN - NOT FOUND 1 CASE NO: 2006-06603 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CITIFINANCIAL MORTGAGE COMPANY VS HOLLAND JAY B ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT HOLLAND AMY J AKA AMY RICH but was unable to locate Her in his bailiwick -- T _XT", TiT/1 T1T T?/%TI 71 He therefore returns the NOT FOUND , as to the within named DEFENDANT -I HOLLAND AMY J AKA AMY RICH 34 TRINE AVENUE MT HOLLY SPRINGS, PA 17065 DEFENDANT LIVES AT 313 ZION ROAD MT HOLLY SPRINGS. Sheriff's Costs: So answers: -- Docketing 6.00 Service 5.28 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 26.28 PHELAN HALLINAN SCHMIEG ? dquk.- 11j27j2006 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - REGULAR CASE N0: 2006-06603 P COMMONWEALTH OF PENNSYLVANIA: COUNTY 01. CUMBERLAND CITIFINANCIAL MORTGAGE COMPANY VS HOLLAND JAY B ET AL SGT BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HOLLAND AMY J AKA AMY RICH the DEFENDANT , at 1602:00 HOURS, on the 22nd day of November , 2006 at CUMBERLAND CO SHERIFF'S OFFTrR nmF (,'nTTRTNC)TT.gP gnTTLT?7 CARLISLE,. PA 17013 AMY J HOLLAND by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Additional Comments DEFENDANT LIVES AT 313 ZION ROAD MT HOLLY SPRINGS. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 11/27/2006 PHELAN HALLINAN SCHMIEG By. f?' ?j ??- De ty Sheriff A.D. r" - PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF CITIFINANCIAL MORTGAGE COMPANY, INC., F/KJA FORD CONSUMER DISCOUNT COMPANY Vs. JAY B. HOLLAND AMY J. HOLLAND A/K/A AMY RICH : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 06-6603-CIVIL TERM AFFIDAVIT OF SERVICE OF COMPLAINT IN MORTGAGE FORECLOSURE PURSUANT TO Pa.R.C.P. 404(2)/403 Francis S. Hallinan, Esquire, Attorney for Plaintiff, hereby certifies that service of the Complaint in Mortgage Foreclosure was made by sending a true and correct copy by certified mail to Defendant, Jay B. Holland at P.O. Box 7210, Norco, CA 92860. The Complaint was received by Defendant, Jay B. Holland, on December 28, 2006 as evidenced by the attached Return Receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. Date: January 22, 2007 5,L--- Francis S. Hallinan, Esquire Attorney for Plaintiff JMR, Svc Dept. r ., 2:-Arfiei'e iNurriber C. ` r 7160 3401 9849 6940 3878 X D. is p 3. Service Type CERTIFIEt) MAIL 4. Reetrieted DelWery? (Extra Fee) a y? t. Article Addressed to: JAY B. HOLLAND '• PO `BOX 7210 a NORCO, CA 92860 s 'ry r drfferent from Item 11 Inler delivery el{Qf@SS blIOW: Yes No s ---- -11-sac meturn Receipt ??? ?=- ? ? -n ?.:. c,.,., ?? ?_ .- m t r? ?'-s, -n -; ;`^ r,; t__? ?'E ??, _t ?" i?- -- '.C. AFFIDAVIT OF SERVICE PLAINTIFF CITIFINANCIAL MORTGAGE COMPANY, INC., F/K/A FORD CONSUMER DISCOUNT COMPANY DEFENDANT(S) JAY HOLLAND AMY HOLLAND SERVE AMY HOLLAND AT 313 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065 SERVED CUMBERLAND COUNTY No. 06-6603 CIVIL TERM ACCT. #2686335 ction C4 s# 1`43$ a Type of Action-C4914 - Notice of Sheriffs Sale Sale Date: JUNE 13, 2007 Served and made known to Amv ? g- Q , Defendant, on the 9 Kd day of , 200 , at 560 , o'clockp.m., at 31'5 2101 Rh , M6UP ( )?U.y SPP-1165 , Commonwealth of Pennsylvania, in the manner described below: ? Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age Height 55! Weight-120 Race Sex Other I, &AjA4-b R b LL- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. S rn to and subscribvi f thi ay 0 200 o By: LE T SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE State or New Jersey ATTEMPTED. PATRICIA E. HARRIS COmmis M Exp U June 16, 2000 NOT SERVED On the day of 200_, at Moved Unknown No Answer 1" Attempt: Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of 9200-. Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire I.D. No. 62205 o'clock _.m., Defendant NOT FOUND because: Vacant 2°d Attempt: / / Time: C i7 °? ? -' r-. ? ?, r ?"iz ?-- _.? r-; .. ?,? - ? ?, ?:, , ? .mot 7? ? ??? ? s ,? ? R PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 215 563-7000 Citifinancial Mortgage Company, Inc., F/K/A Ford Consumer Discount Company Plaintiff vs. Jay B. Holland Amy J. Holland A/K/A Amy Rich Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County : No. 2006-6603-Civil Term PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on November 15, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A» 2.. Judgment was entered on March 13, 2007 in the amount of $44,321.68. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which cart be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriff s Sale on June 13, 2007. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $38,302.87 Interest Through 6/13/07 6,307.14 Per Diem $12.70 Late Charges 0.00 Legal fees 1,675.00 Cost of Suit and Title 1,390.34 Sheriffs Sale Costs 0.00 Property Inspections, 0.00 Appraisal/Brokers Price Opinioin 0.00 Mortgage Insurance Premium/Private 0.00 Mortgage Insurance NSF (Non-Sufficient Funds charge) 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 1,095.01 TOTAL $48,770.36 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as is addressed in Plaintiff s attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on April 17, 2007 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No Judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Date: Q Phelan Hallman & Scahmieg, LLP ,n tl ichele .Bad or , squire Attorney for Plaintiff PHELAN HALLINAN & SCHMIECT, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 215 563-7000 Citifinancial Mortgage Company, Inc., F/K/A Ford Consumer Discount Company Plaintiff vs. Jay B. Holland Amy J. Holland A/K/A Amy Rich Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 2006-6603-Civil Term MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES L BACKGROUND OF CASE Defendants executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 343 Zion Road, Mount Holly Springs, PA 17065. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In. the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to -include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. 11. is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59,142 A.2d 319,321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Coip. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem "udgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. if the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shot)ping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages.. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: q 1 L /Thefa?i "li n Schnie, , LLP 1 i Y• NAIcheie M. Bradford, quire Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No.. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1.400 PHILADELPHIA, PA 19103 215 563-7000 143826 CITIFINANCIAL MORTGAGE COMPANY, INC., F/K/A FORD CONSUMER DISCOUNT COMPANY 1111 NORTIAPOINT DRIVE BUILDING 4, SUITE 100 COPPELL, TX 75019 Plaintiff V. JAY B. HOLLAND AMY J. HOLLAND A/K/A AMY RICH 313 ZION ROAD MOUNTY HOLLY SPRINGS, PA 17065 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM el NO. i La l CUMBERLAND COUNTY fl Vey' € ? [ 1151 CIVIL ACTION - LAW COMPLAINT IN MORTGAGE, FORECLOSURE NOTICE C. Cz t ` r..... T?, ..1, f 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_ Lawyer Referral Service Cumberland County Bar Association 6 32 South Bedford Street We ?ieCeb?/ ? truer nd ;" ? Y Fib F' c he, PA Id Str 91fthl to be a 7013 (800)990-9108 I onw tomy O 1wof 1 File 4; 143826 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 215 563-7000 1,43826 CITIFINANCIAL MORTGAGE COMPANY, INC., F/K/A FORD CONSUMER DISCOUNT COMPANY 1111 NORTHPOINT DRIVE BUILDING 4, SUITE 100 COPPELL, TX 75019 V. JAY B. HOLLAND AMY J_ HOLLAND A/K/A AMY RICH Plaintiff 313 ZION ROAD MOUNTY HOLLY SPRINGS, PA 17065 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 T141S PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, (30 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. ty ?q v p?` ?tts' i S9 ?': ? 4 • ?,? t :..P4?:i c::i 'pa't ?? 2i :??"dP 7[? 11C)r[p,eft copy Of ths original filed of record -- Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 143826 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILET) BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File- 14382AS 1. Plaintiff is CITIFINANCIAL MORTGAGE COMPANY, INC., FIK/A FORD CONSUMER DISCOUNT COMPANY 11 I 1 NORTHPOINT DRIVE BUILDING 4, SUITE 100 COPPELL, TX 75019 2. The name(s) and last known address(es) of the Defendant(s) are: JAY B. HOLLAND AMY J. HOLLAND A/K/A AMY RICH 3113 ZION ROAD M:OUNTY HOLLY SPRINGS, PA 17065 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 09/27/1995 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1284, Page: 234. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2006 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. Fife #: 143826 6. The following amounts are due on the mortgage: Principal Balance $38,302.87 Interest 2,107.80 06/01/2006 through 11/13/2006 (Per Diem $12.70) Attorney's Fees 1,250.00 Cumulative Late Charges 0.00 09/27/1995 to 11/13/2006 Cost of Suit and Title Search 550.00 Subtotal $ 42,210.67 Escrow Credit 0.00 Deficit 1,095.01 Subtotal $ 1,095.01 TOTAL $ 43,305.68 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 43,305.68, together with interest from 11/13/2006 at the rate of $12.70 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. P7;/Ls/Francis LINAN & SCHMIEG, LLP By: S. Hallinan RENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File M 143826 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in South Middletown Township, Cumberland County, Pennsylvania, bounded and described as follows: On the North by land now or formerly of James T. Spence, now or formerly of Paul Murtoff; on the East by the Public Road leading from Mount Holly Springs to Mt. Zion, also known as Mountain Street Extended; on the South by land now or formerly of H.J_ Sherman, now or formerly of James T. Spence, now or formerly of Paul Murtoff. HAVING a frontage of 60 feet and extending 363 feet in depth; containing one-half (1/2) acre; and being improved with a two-story frame dwelling house. BEING the same premises that Gertie Mae McLaughlin, widow; Kathleen M. Leib and Lee M. Leib, her husband; John S. McLaughlin and Geraldine A. McLaughlin, husband and wife; Reba M. Weary and Russell Weary, her husband; Hazel M. Cline and Russell Cline, her husband; Ralph C. McLaughlin and Dorothy G. McLaughlin, husband and wife; Verna M. McCauslin and Fred McCauslin, her husband; Marie M. Cvetko and Joseph Cvetko, her husband; Ruth M. Shenk and Paul J. Shenk, her husband; Marlin McLaughlin and Conevieve McLaughlin, husband and wife; Carl A. Goodling and Alfaretta T. Goodling, husband and wife; Evelyn G. Long and Raymond Long, her husband; Robert C. Goodling and Lillie R. Goodling, husband and wife, Margaret G_ Verow and Edward H. Verow, her husband, by their deed dated the 10th day of December, 1962, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book'V', Volume 320 Page 136, granted and conveyed unto Irvin P. Baer and Emma Mae Baer. PREMISES BEING 313 ZION ROAD File #: 143826 Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (2151 563-7000 CITIFINANCIAL MORTGAGE COMPANY, INC., F/K1A FORD CONSUMER DISCOUNT COMPANY 1111NORTUPOINT DRIVE - BUILDING 4, SUITE 100 COPPELL, TX 75019 A17OR?FI'E Copy REAkREMRN CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, NO. 06-6603 CIVIL TERM V. JAY HOLLAND AMY HOLLAND Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMEN'T' OF DAMAGES 4 TO THE PROTHONOTARY Kindly enter an in rem judgment in favor of the Plaintiff and against JAY HO-LL AN andi AMY HOLLAND, Defendant(s) for failure to file an Answer to Plaintiffs Complai&f-vothina0 d *p from service thereof and for Foreclosure and Sale of the mortgaged premises, and asse PlaiRtiff -6 damages as follows: As set forth in Complaint $43,305.68 N,,'. AI-TOM FILe 0?0 Interest from 11/14/06 to 02/02107 $1,016.00 TOTAL $44,321.68 oil I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ^ 4 DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 143826 PRO PROTHY s: Exhibit "C" PHELAN HALLINAN & SCHMIEG, LLP 1617.1ohn F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey April 17, 2007 Jay B. Holland Amy J. Holland A/K/A Amy Rich 313 Zion Road Mount Holly Springs, PA 17065 RE: Citifinancial Mortgage Company, Inc., F/K/A Ford Consumer Discount Company vs. Jay B. Holland and Amy J. Holland A/K/A Amy Rich Premises Address: 313 Zion Road, Mount Holly Springs, PA 17065 Cumberland County CCP, No. 2006-6603-Civil Term Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order,. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within five days, by April 23, 2007. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. ery ruly ours, i Michele 'I. rad rd, E ire For Phelan Hallinan & Schmieg, LLP Enclosure O O a a V W 0-4 x U z 14 W a O r, ooo ?° clCS U ` 0.1 O ate.. ? a C y Z L 6i z?c 0 a.^ T U n 5a ? ? w O ti H O y C K C W ° 3000 d1z WONJ (19"vv1 a 'd G C R• 0 0 1? 0 L 6 L LOOZ Llbd`d 0 L08 LZb000 6 00 Wl ZO ; ; M S3ANOM A3NLd i L b C E -A w G? ~ Sly 1SO p _ a O N n =-- d a E °J o 0 ? ? u 76 O E! ttl = U N N3 2 U = ?.o ?? o = 3 O V O Ao L O y t1 ?'.? aeo g Z O ? .? O N o P w C w o cw , O O . N s C N O c z- °°rn rn M Q ~ w ? ^O o poo ? ? M OL M F b V U V IY R iR G w Q Q Q ? O ?2 i ? a a a , CC - - ti T o OO O O T i V A T 2 p0, W 7 ? Q Q Q 'O LO 17 LO mo m mo ? Q o°- ? `o ? Q o a a O o0 w O = u = 2 u as m = mo m C zlu L y >. CO ` >4 U 0 Z ? C 0 (n ? Q N ?V N ? z 00 en en 00 I?r t " b U G/? M C/? C V1 vb ra ? v Q z o tn 00 O N M ? N -? H CL VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Phelan Hallinan & Schmieg, LLP / DATE: By. Miche e M. Bradfor , Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 215 563-7000 Citifinancial Mortgage Company, Inc., F/K/A Ford Consumer Discount Company Plaintiff VS. Jay B. Holland Amy J. 14olland A/K/A Amy Rich Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division : Cumberland County : No. 2006-6603-Civil Term CERTIFICATION OF SERVICE I :hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. Jay B. Holland Amy J. Holland A/K/A Amy Rich 313 Zion Road Mount Holly Springs, PA 17065 Jay B. Holland Amy J. Holland A/K/A Amy Rich P.O. BOX. 7210 Norco, CA 92860 Amy J. Holland A/K/A Amy Rich 34 Trine Avenue Mount Holly Springs, PA 17065 DATE: U Phel?n Hal-iihai ?clmieF' LLP By ich le M. Brad or Esquire Attorney for Plaintiff A/ APR 1 7 2007/1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Citifinancial Mortgage Company, Inc., F/K/A Ford Consumer Discount Company Plaintiff vs. Jay B. Holland Amy J. Holland A/K/A Amy Rich : Court of Common Pleas : Civil Division : Cumberland County No. 2006-6603-Civil Term Defendants RULE AND NOW, this 3 O day of 2007, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. T4 w81'? 11 ?7 1s dSj? c. d.z Is' 6 ?ej Rule Returnable on the day-4 2997-mat in the Main Courtroom of ???? ? 0 ? P,41 >a d s' 31 vxl? f y ?2 ;2 /o >) A/ el? 9ak'6 0 tAro 6C:IIWV I - ONZOOZ tai'`.. a -lNi d k ! AIL PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Citifinancial Mortgage Company, Inc., F/K/A Ford Consumer Discount Company Plaintiff vs. Jay B. Holland Amy J. Holland A/K/A Amy Rich Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 2006-6603-Civil Term CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the April 30, 2007 Rule directing the defendant to show by May 14, 2007 was sent to the following individuals on the date indicated below. Jay B. Holland Amy J. Holland A/K/A Amy Rich 313 Zion Road Mount Holly Springs, PA 17065 Amy J. Holland A/K/A Amy Rich 34 Trine Avenue Mount Holly Springs, PA 17065 DATE: Jay B. Holland Amy J. Holland A/K/A Amy Rich P.O. Box 7210 Norco, CA 92860 CM i i LLP By: ra for , Esqu Attorney for Plaintiff C) t 7? ,r PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Citifinancial Mortgage Company, Inc., F/K/A Ford Consumer Discount Company Plaintiff VS. Jay B. Holland Amy J. Holland A/K/A Amy Rich Defendants ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 2006-6603-Civil Term MOTION TO MAKE RULE ABSOLUTE Citifinancial Mortgage Company, Inc., F/K/A Ford Consumer Discount Company, by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on April 26, 2007. A Rule was entered by the Court on or about April 30, 2007 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on May 4, 2007, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of May 14, 2007. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs Motion to Reassess Damages. PHELAN HALLINAN & SCHMIEG, LLP 6-? Date jMichelee M. radfor , sq ' e Attorney for the Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Citifinancial Mortgage Company, Inc., F/K/A Ford Consumer Discount Company Plaintiff VS. Jay B. Holland Amy J. Holland A/K/A Amy Rich Defendants ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 2006-6603-Civil Term BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on April 26, 2007. A Rule was entered by the Court on or about April 30, 2007 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on May 4, 2007 in accordance with the applicable rules of civil procedure. Defendants failed to respond or otherwise plead by the Rule Returnable date of May 14, 2007. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs Motion to Reassess Damages. WeNI. & SCHMIEG, LLP Date , Esquire Attorney for the Plaintiff Exhibit "A" ' r APR 87 2007#1 WE COPY FROM R a Ted wheroaf, i we UrAl3d my bw id the soei of said Court of tom. pa. A.- Aeu Af '-Ai IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Citifinancial Mortgage Company, Inc., F/K/A Ford Consumer Discount Company Plaintiff VS. Jay B. Holland Amy J. Holland A/K/A Amy Rich Defendants : Court of Common Pleas : Civil Division : Cumberland County : No. 2006-6603-Civil Term RULE AND NOW, this 3 O day of 14 W% V 20072 a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. lz. e- c 1 SQ!_r d?1 l Rule Returnable oQ tie -?°•, of . in the Mail] Coudmom of the Ounbc-l -1 1 )'h . A 31 PA / 11ely ?o y1?ll?+ i /' A ?,? / A Exhibit "B" PHELAN HALLINAN & SCI MIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 e? Citifinancial Mortgage Comp F/K/A Ford Consumer Discount Plaintiff vs. Jay B. Holland Amy J. Holland A/K/A Am Rich N c) v -Tj ATTORNEY FOR PIE r7 i : Court of Common Pleas : Civil Division : Cumberland County : No. 2006-6603-Civil Term J Defendants CERTIFICA N VICE I hereby certify that a true andof the April 30, 2007 Rule directing the defendant to show by May 14, 2007 was s8nt to the following individuals on the date indicated below. Jay B. Holland Amy J. Holland A/K/A Amy Rich 313 Zion Road Mount Holly Springs, PA 17065 Amy J. Holland A/K/A Amy Rich 34 Trine Avenue Mount Holly Springs, PA 17065 DATE: ??_ 7' Y Jay B. Holland Amy J. Holland A/K/A Amy Rich P.O. Box 7210 Norco, 92860 P i i LLP By: he M. brahor4, Esqdbw Attorney for Plaintiff VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. is\ Date §4904 relating to the unsworn falsific i n of authorities. Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Citifinancial Mortgage Company, Inc., F/K/A Ford Consumer Discount Company Plaintiff vs. Jay B. Holland Amy J. Holland A/K/A Amy Rich Defendants ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 2006-6603-Civil Term CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. Jay B. Holland Amy J. Holland A/K/A Amy Rich 313 Zion Road Mount Holly Springs, PA 17065 Amy J. Holland A/K/A Amy Rich 34 Trine Avenue Mount Holly Springs, PA 17065 DATE: 6 lb A Jay B. Holland Amy J. Holland A/K/A Amy Rich P.O. Box 7210 Norco, CA 92860 Phel n & chVELsqui, B ichele M. Bra e Attorney for Plaintiff t ' r _TI e'w7 :'r Phelan Hallinan & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 @fedphe.com Attorney for Plaintiff CITIFINANCIAL MORTGAGE Court of Common Pleas COMPANY, INC. F/K/A FORD CONSUMER DISCOUNT COMPANY Civil Division VS. Cumberland County JAY HOLLAND No. 06-6603 CIVIL TERM AMY HOLLAND MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, moves this Honorable Court for an Order directing service of the Notice of Sale and all future pleadings upon the above-captioned Defendant(s), JAY HOLLAND by first class mail and certified mail to the Defendant's last known address, P.O. BOX 7210, NORCO, CA 92860 and mortgaged premises, 313 ZION ROAD, MOUNT HOLLY SPRINGS, PA 17065, posting of the mortgaged premises, 313 ZION ROAD, MOUNT HOLLY SPRINGS, PA 17065, and publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: 4 1. Attempts to serve Defendant(s), JAY HOLLAND personally with the Notice of Sale have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant(s) at the mortgaged premises, 313 ZION ROAD, MOUNT HOLLY SPRINGS, PA 17065. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A". 2. Pursuant to Pa. R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant(s). An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". 3. Plaintiff contacted the Prothontary's Office and as of May 23, 2007, there has been no other ruling on this case. 4. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant(s) on Ma 23" 2007 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant(s). A true and correct copy of Plaintiff's Mav 23, 2007 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 5. Plaintiff has reviewed its internal records and has not been contacted by the Defendant(s) as of May 23, 2007 to bring loan current. 6. Plaintiff submits that it has made a good faith effort to locate the Defendant(s), and, but has been unable to do so. 5 WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Notice of Sale by first class mail, certified mail, by posting of the premises and by publication. Respectfully submitted, Phelan Hallinan & Schmieg, LLP By: QA it UL'4 Daniel G. Schmieg, squire Attorneys for Plainti May 9, 2007 6 Phelan Hallinan & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 @fedphe.com Attorney for Plaintiff CITIFINANCIAL MORTGAGE Court of Common Pleas COMPANY, INC. F/K/A FORD CONSUMER DISCOUNT COMPANY Civil Division vs. Cumberland County JAY HOLLAND No. 06-6603 CIVIL TERM AMY HOLLAND MEMORANDUM OFLAW Pa. R.C.P. 430 specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant(s) and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker. 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. 7 (b) (1) If service of process by publication has been authorized by rule of civil procedure or order of court, the publication shall be by advertising a notice of the action once in the legal publication, if any, designated by the court for the publication of legal notices and in one newspaper of general circulation within the county. The publication shall contain the caption of the action and the names of the parties, state the nature of the action and conclude with a notice. (b) (2) When service is made by publication upon the heirs and assigns of a named former owner or party in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the Notice of Sale or an affidavit that they are unknown. As indicated by the attached Sheriffs Return of Service, marked hereto as Exhibit "A", the Sheriff has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant(s) has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Notice of Sale by first class mail, certified mail, by posting of the mortgaged premises and by publication pursuant to Pa. R.C.P. 430. By: Date: May 9, 2007 Respectfully submitted, Phelan Hallinan & Schmieg, LLP Daniel G. Schmieg, Attorney for Plaintil 8 FULL SPECTRUM LEGAL SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 143826 Attorney Firm: Phelan, Hallinan & Schmie& LLP Subject: Jay B. Holland & Amy J. Holland Property Address: 313 Zion Road, Mount Holly Springs, PA 17065 Possible Mailing Address: gay B. Holland) P.O. Box 7210, Norco, CA 92860 (Amy J. Holland) 34 Trine Avenue, Mount Holly Springs, PA 17065 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following. I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Jay B. Holland - 567-17-8748 Amy J. Holland - 040-54-2224 B. EMPLOYMENT SEARCH Jay B. Holland & Amy J. Holland - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Jay B. Holland & Amy J. Holland reside(s) at. 313 Zion Road, Mount Holly Springs, PA 17065. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which indicated that & Amy J. Holland reside(s) at 313 Zion Road, Mount Holly Springs, PA 17065, however had no listing for jay B. Holland. On 11-06-06 our office made several telephone calls to the subject's phone number (717) 486-3373 and received the following information: answering machine. B. On 11406-06 our office made several telephone calls to the phone number (717) 960-1730 and received the following information: answering machine. III. INQUIRY OF NEIGHBORS On 11-06-06 our office made several phone calls in an attempt to contact Kenneth R. Peck (717) 486- 3791, 314 Zion Road, Mount Holly Springs, PA 17065: answering machine. On 11-06-06 our office made a phone call in an attempt to contact Allen A. Luebbers (717) 486-3287, 315 Zion Road, Mount Holly Springs, PA 17065: spoke with an unidentified female who could not confirm that the subjects reside(s) at 313 Zion Road, Mount Holly Springs, PA 17065. On 11-06-06 our office made several phone calls in an attempt to contact Leroy H. Long (717) 486- 3154,317 Zion Road, Mount Holly Springs, PA 17065: no answer. On 11-06-06 our office made several phone calls in an attempt to contact N. Brumfield (717) 486- 7829, 33 Trine Avenue, Mount Holly Springs, PA 17065: no answer. On 11-06-06 our office made several phone calls in an attempt to contact Cathy McCreary (717) 486- 5065, 30 Trine Avenue, Mount Holly Springs, PA 17065: answering machine. On 11-06-06 our office made several phone calls in an attempt to contact Wendy Yinger (717) 486- 4457, 32 Trine Avenue, Mount Holly Springs, PA 17065: disconnected. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 11-06-06 we reviewed the National Address database and found the following information: Jay B. Holland - P.O. Box 7210, Norco, CA 92860 & Amy J. Holland - 34 Trine Avenue, Mount Holly Springs, PA 17065. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: (Jay B. Holland) P.O. Box 7210, Norco, CA 92860 & (Amy J. Holland) 34 Trine Avenue, Mount Holly Springs, PA 17065. V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Jay B. Holland & Amy J. Holland. VI. OTHER INQUIRIES A. DEATH RECORDS As of 11-06-06 Vital Records and all public databases have no death record on file for Jay B. Holland & Amy J. Holland. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Jay B. Holland & Amy J. Holland residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Jay B. Holland - 02-01-1958 Amy J. Holland -11-01-1955 B. AKA Amy Rich * 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 certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. 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 uns orn falsification to authorities. AFFIANT - Brendan Booth Full Spectrum Legal Services, Inc. 'Unly Sworn to and subscribed before me this 6 day of November, 2006 The above information is obtained from available public records and we are only liable for the cost of the affidavit IND PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail Pat.Wilkins@fedphe.com PAT WILKINS, 1499 Service Department Representing Lenders in Pennsylvania and New Jersey May 9, 2007 JAYHOLLAND 313 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065 RE: CITIFINANCL4L MORTGAGE COMPANY, INC. FIKIA FORD CONSUMER DISCOUNT COMPANY vs. JAY HOLLAND and AMY HOLLAND Premises Address: 313 ZION ROAD, MOUNT HOLLYSPRINGS, PA 17065 Cumberland County, No. 06-6603 CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by May 16, 2007. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Ve yours, AT WILKINS For Daniel G. Schmieg, Esquire 12 £o Ls ? 30a0dnz MONA ©311V r toot 60AM o WS ZOO Oob'i' 0 4ry ION - DD, Od Wop '26--a q F. `w °o.n3 u N f.n dS g to F'? u M W xzv a Al . a r- pw x ?oa?r?c ? OH ?p?0 N cn d I dE _ M V?t i- i T N I 0 :w V ce. O T d a N ? r+ AFFIDAVIT OF SERVICE PLAINTIFF CITIFINANCIAL MORTGAGE COMPANY, INC., FAUA FORD CONSUMER DISCOUNT COMPANY DEFENDANT(S) JAY HOLLAND AMY HOLLAND SERVE JAY HOLLAND AT 313 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065 CUMBERLAND COUNTY No. 06-6603 CIVIL TERM ACCT. #2686335e Type of Action ?s# - Notice of Sheriff's Sale Sale Date: NNE 13, 2007 SERVED Served and made known to . Defendant, on the day of . 200_, at . o'clock -.M, at - . Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other. Description: Age Height Weight Race Sex Other L , a competent adult, being duly sworn according to taw, depose and state that I personally handed a true and correct copy of the Notice of SherifFs Sale in the manner as sex forth herein, issued in the optioned can on the date and at the address indicated above. Sworn to and subscribed before we this day of .200-. Notary: By. PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED on the day of . 2007 at o'clock P.m., Defendant NOT FOUND because: ? Moved Unknown No Answer Vacant 1st Attempt: Time: 2'd Attempt; / / Time: Co. b4f Res0?f Of '4q (Vy yai d? 3rd Attempt: Tithe. I - Sfaked 1% Qf. bek? h&s M+ Ms-;444 e? ?h w and su qQyvi, +W-0 (-Z,) years au? -{ a f M r• dot to kf Ns ?ccv,rea-f- ves s is = P•a• tc 791 0 NORM. CA b0 0 2a? t Qa? N BY far DaWel G. Schmieg, Esquire - I.D. No. 62205 T Publd 51e_ *W 'is Y y aiTi .dA E. tfS 16, 20" lj?!6? oZ 3 VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, LLP ail I't 01 AA [LA A By: Daniel G. Schmieg, Esquir Attorney for Plaintiff May 9, 2007 9 Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 @fedphe.com Attorney for Plaintiff CITIFINANCIAL MORTGAGE COMPANY, INC. F/K/A FORD CONSUMER DISCOUNT COMPANY vs. JAY HOLLAND AMY HOLLAND Court of Common Pleas Civil Division Cumberland County No. 06-6603 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a copy of the Motion for Service Pursuant to Special Order of Court, Memorandum of Law, proposed Order and attached exhibits have been sent to the individual(s) as indicated below by first class mail, postage prepaid, on the date listed below. JAY HOLLAND: 313 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065 P.O. BOX 7210 NORCO, CA 92860 10 The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. 4904 relating to un-sworn falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, LLP 4 /Q1 A it By: Daniel G. Schmieg, squire Date: May 9, 2007 Attorney for Plainti 11 ('`'? t"? " "? ?.:. . t,:?:,9 w ?.ca ? ? .,.:..,, ..._ ?y ?? ?,.? t. __- ? Tt ? ?5.? ..? t •?!k .. ? ,. ,? z 8 2?7Q?1J IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Citifinancial Mortgage Company, Inc., Court of Common Pleas F/K/A Ford Consumer Discount Company Plaintiff Civil Division vs. Jay B. Holland Amy J. Holland A/K/A Amy Rich Cumberland County No. 2006-6603-Civil Term Defendants ORDER AND NOW, this Z 2,, r a day of M 2 7 , 2007, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance Interest Through 6/13/07 Per Diem $12.70 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/Brokers Price Opinion Mortgage Ins. Premium/Private Mortgage Ins. NSF (Non-Sufficient Funds charge) $38,302.87 6,307.14 0.00 1,675.00 1,390.34 0.00 0.00 0.00 0.00 0.00 f ( f - ! "i , 141,V c;? ;! f'Fµ1 LG, CZ Suspense/Misc. Credits Escrow Deficit TOTAL 0.00 1,095.01 $48,770.36 Plus interest from 6/13/07 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE URT- 143826 r I * I' CITIFINANCIAL MORTGAGE COMPANY, INC. flk/a CONSUMER DISCOUNT COMPANY, Plaintiff V. JAY HOLLAND and AMY HOLLAND, DefendantS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW : No. 06-6603 CIVIL TERM IN RE: MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT BEFORE OLER, J. ORDER OF COURT AND NOW, this 31St day of May, 2007 upon consideration of Plaintiff Citifinancial Mortgage Company's Motion for Service Pursuant to Special Order of Court and the attached supporting affidavit, the motion is granted, to the extent that service of the Notice of Sale in this matter may be made on Defendants Jay Holland and Amy Holland by (a) posting of the premises at 313 Zion Road, Mount Holly Springs, PA 17065, and (b) regular and certified mail to their last known addresses at P.O. Box 7210, Norco, CA 92860, and 34 Trine Avenue, Mount Holly Springs, PA 17065, and that of the mortgaged premises at 313 Zion Road, Mount Holly Springs, PA 17065, said service to be complete upon mailing, and (c) publication one time in the Cumberland County Law Journal and in a newspaper of general circulation in Cumberland County. BY THE COURT, 1 Y r4m-1 J. esley Oler, Jr., J. c 1: I 1 wv I -- tmr t0O1 - F 4 ' Daniel G. Schmieg, Esq. PHELAN HALLINAN & SCHMIEG LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 Attorney for Plaintiff Jay Holland P.O. Box 7210 Norco, CA 92860 Defendant-Pro Se Amy Holland 34 Trine Avenue Mount Holly Springs, PA 17065 Defendant-Pro Se PHELAN HALLINAN & SCHMIEG, LLP by• Michele M Bradford Esquire Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Citifinancial Mortgage Company, Inc., Court of Common Pleas F/K/A Ford Consumer Discount Company Plaintiff Civil Division VS. : Cumberland County Jay B. Holland No. 2006-6603-Civil Term Amy J. Holland A/K/A Amy Rich Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the May 23, 2007 Order was sent to the following individuals on the date indicated below. Jay B. Holland Amy J. Holland A/K/A Amy Rich 313 Zion Road Mount Holly Springs, PA 17065 Jay B. Holland Amy J. Holland A/K/A Amy Rich P.O. Box 7210 Norco, CA 92860 Amy J. Holland A/K/A Amy Rich 34 Trine Avenue Mount Holly Springs, PA 17065 DATE: Office of the Sheriff Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 he 1 S hmi g, P By: Michele M. Bradford, qu' Attorney for Plaintiff C-) ?9 C) ?i C= ? c. n ?s Q s ? r V ? w SALE DATE: JUNE 13, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CITIFINANCIAL MORTGAGE COMPANY, INC., F/K/A FORD No.: 06-6603 CIVIL TERM CONSUMER DISCOUNT COMPANY VS. JAY HOLLAND AMY HOLLAND AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 313 ZION ROAD, MT HOLLY SPGS, PA 17065. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL S HMIE SQUIRE Attorney for Plain g June 5, 2007 AP 6Ai y a A? a s x "C ? x o? ?I o ? t='1 v? Q W N o+ a G ? D ? w N } M M ? tH/? '1 M n ? QG G N o a? SG"S?du A n ? m ??on 8 ?. a g 71 1.1"I "I - I N yV Gt N i J }?i ?z N (II on z n N z 1 a C C F J r ? M S? i w W N z O iv d O r b Lip A n n a H F G t a i w z 0 O r ?G b O C > ? f O i a w ? W ? z O G x b o ? b 7Y O? Y r V n z 8 a d `try r 0 z O 6 a O w 0 i 1 ? C n o>? ? y CS >? a >d ? 0 N O`-" b C"' two 14 nab x? 4v,*spq% p m z 02 1M $ 01.90° 0004218010 MAR09 2007 MAILED FROM ZIP CODE 1910 3 g j cP .? J ? Y tD ? Y N `d '? Y Y N N O N O Y p W r 7 ? ? Un ? N n Z r. r Y' f? It W R m ? "o, G~ m z n 0 0 N rn ?ro o r. rnro rn 0 F+. N l7 N ro a, "fl N R t0 N C ? F,. N rd C?1 CD ?n RS 1-1 O Z N ? a ?n m o n ? R m ON .'3 N ern{. C't 'Div °O n ,y, Y F., n o 0 G . W (D N.4 0 n N yamnt F• ? 0cs nN 1F, tin n 0 vj- p N1 M n H N ?n K0R0 O RtD nq? NM 0 tD a 4 CD N ? ? N ? y w• G rtb °o ?ntrs''m r m? R ar C-tax, c) (D 00'D °p•ro n N ~ ? *Or- o Y. k V. C) N- H 00 OR n O N O C O fDm r+ -o 0 ,matlD a'? m(D N N ?`gJ'O NnjY • •Np'.yNx?O (D CP G ? k n O"? (Yp N N y N F.. % O }' (D T3 n (D 0 Y M P vu m , 0 Y. NNF n R a Mm G ° ~ M N ° M O n w N 010 0 a =c s O 0 o W :p W m oco C° t n? Za- ?'cc31 j 3 0 ? coo Y ? ? W W M w? 6' a 'd O d rn3 0 C. ? = Y c D?7 O 0 co r m t?9 A tn 3 N D H z a, m a ? N?,? .C ? -p ? ? `t Cn o 0 s Ymn O c n Q, rt O 0 a ? o Ul Y' th M ? n {D Y O O m FA UY N M I M Y m n ?gP03T O l P?(NfY 5 Q s 00.9 , 02 1M Y1- 191103 000421$410 Z{P01)E t Mp{{.ED fRpM , t-' W r N 1 ?W io0+ r r ? 00 N c rd?-' O C o ¢ Y G in oo?caN"? °?o ? x x aa?y x y. ?? A a .DO C',?d ?o cr 9-1 Loa D? 0 t? .? co K m c?+ a L o b ? b 3 e w o a 8 G7 d_? ? ? C ? o p. N a o .ia N ? N A? O b MO ? O M o?,`?°.?c r7 O :' iri m co O. N M cNO b -,C, 0 > YY^^ g'yp' ?y Q ? .'7 .mss PITNEY BO f1E5 ?? 02 1M $ 01.900 g 0 0004218010 MAY09 2007 u, A o S. MAILED FROM ZIPCODE 19103 ' 0 N y?3on? n =? 41 _s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CI TIFINANCIAL MOR TGA GE CO., INC. : FIKIA FORD CONSUMER DISCOUNT 0(0- (0 6 0 3 COMPANY, No. 24OF-8165?- Plaintiff v. JAYHOLLAND and, AMY HOLLAND Defendant OBJECTION TO SHERIFF'S SALE OF DEFENDANTS' PROPERTY AND NOW, comes Defendant Amy Holland, by and through her attorney, Sheri D. Coover, Esquire and files this objection to the sheriffs sale of the defendants' property and in support thereof avers as follows: 1. On or about the 1 St of February, 2007, a notice of owner's rights was filed that directed that the Defendant's property at 313 Zion Road, Mt. Holly Springs, PA 17065 was scheduled to be sold at the Sheriff s sale on June 13, 2007 at 10 a.m. to enforce a judgment against the Defendant obtained by Citifinancial Mortage Company, Incorporated. (See, Exhibit A, Notice of Owner's Rights). 2. The property at 313 Zion Road was the marital property for defendants Jay Holland and Amy Holland. 3. Defendants Jay and Amy Holland separated in 2003 and have not resided in the same household since that time. 4. Defendants Jay and Amy Holland do not maintain communications with each other on a regular basis. 5. The subject property was property that was acquired during the defendant's marriage and both defendants have a real and indisputable interest in such property. 6. The aforementioned notice identified Defendant Jay Holland as having a mailing address of 313 Zion Road, Norco, California, which is not the proper address for Defendant Jay Holland. If it would be the proper address for Jay Holland, it would be an incredible coincidence since 313 Zion Road, Mt. Holly, Pennsylvania is the address of the subject property. 7. Upon information and belief, proper service has never been made upon Defendant Jay Holland, a proper party to this litigation and partial owner of the property scheduled for the sheriff s sale. 8. Pennsylvania Rule of Civil Procedure Rule 3183(b) states: "Execution may be stayed by the court as to all or any part of the property of the defendant upon its own motion or application of any party in interest showing: (1) a defect in the writ or service; or (2) any other legal or equitable ground. 9. Defendant Jay Holland is an indispensable party to this action and has not been properly notified of the sale, which requires that the execution of the sale of the Defendant's property at 313 Zion Road, Mt. Holly Springs, Pennsylvania shall be stayed until notice has been served upon both owners of the property. WHEREFORE, Defendant Amy Holland respectfully requests that this Court stay execution of the June 13, 2007 sale of the property at 313 Zion Road, Mt. Holly Springs, Pennsylvania until service has been properly made on both owners of the property. Sh i D. Coover, Esquire torney ID 93285 4311 N. Sixth Street Harrisburg, PA 17110 VERIFICATION I verify that the statements made in these Preliminary Objections are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Date Amy lland IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIFINANCIAL MORTGAGE CO., INC.: F/KIA FORD CONSUMER DISCOUNT oeo- 6(,03 COMPANY, No. --&??5 Plaintiff JAY HOLLAND and, AMY HOLLAND Defendant CERTIFICATE OF SERVICE OF OBJECTIONS TO SHERIFF'S SALE OF DEFENDANTS' PROPERTY I, Sheri D. Coover, Esquire, do hereby certify that a true and correct copy of the Objections to Sheriff's Sale of Defendants' Property was served upon the following in the manner indicated as follows: Michele M. Bradford, Esquire First-class mail Phelan Hallinan & Schmieg, LLP 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103 Cumberland County Sheriff s Office Cumberland County Courthouse 1 Courthouse Square Carlisle PA 17013 j-k?r?c?l Cte! i . First class ma4/ Sh "Al D. Coover, Esquire ?yl Attorney ID 93285 4311 N. Sixth Street Harrisburg, PA 17110 '05/09/2007 02:18PM FAXCOM PAGE 2 CITIFINANCIAL MORTGAGE COMPANY, INC., CUMBERLAND COUNTY F/K/A FORD CONSUMER DISCOUNT COMPANY Plaintiff, No. 06-6603 CIVIL TERM V. JAY HOLLAND AMY HOLLAND Defendant(s). TO: JAY HOLLAND 313 ZION ROAD NORCO, CA 92860 February 1, 2007 AMY HOLLAND 313 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065 OF 30 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT P URPOSE. IF YOU HAVE PREYIOUSLYRECEIYED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY** Your house (real estate) at, 313 ZION ROAD, MT HOLLY SPRINGS, PA 17065,'s scheduled to be sold at the Sheriffs Sale on JL?NE 13, 2007 at 10:00 am. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $44,321.68 obtained by CfTIFINANCIAL MORTGAGE COMPANY, INC., F/K/A FORD CONSUMER DISCOUNT COMPANY (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. A » .?--? r" -;? ? t,? .? r .:.? „i f r ? "" . C??.i ?. ?. s Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Attorney for Plaintiff Philadelphia, PA 19102 (215) 563-7000 CITIFINANCIAL MORTGAGE COMPANY, INC. F/K/A FORD CONSUMER DISCOUNT COMPANY CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. JAY HOLLAND AMY HOLLAND Defendant(s). CIVIL DIVISION NO. 06-6603 CIVIL TERM AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to JAY HOLLAND & AMY HOLLAND on JUNE 8, 2007 at 313 ZION ROAD, MOUNT HOLLY SPRINGS, PA 17065 in accordance with the Order of Court dated MAY 31, 2007. The property was posted on JUNE 11, 2007. Publication was advertised in THE SENTINEL on JUNE 11, 2007 & in CUMBERLAND LAW JOURNAL on JUNE 15, 2007. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. 4904 relating to the unsworn falsification to authorities. P LAN kLIMNAN & SCHMIEG, LLP By: A I L ESQUIRE Dated: July 5, 2007 7160 3401 9849 9376 7304 TO: JAY HOLLAND 313 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065 7160 3901 9649 9376 7311 R TO: JAY HOLLAND i P.O. BOX 7210 NORCO, CA 92860 SENDER: PAW TEAM 4 SENDER: PAW TEAM 4 REFERENCE: HOLLAND phs#143826 E REFERENCE: HOLLAND phs#143826 PS Form 3800 2005 ` PS Form 3900 January 2005 t RECEIPT Postage 39 i RETURN Postage Certified Fee 2.40 RECEIPT Certified Fee r SERVICE t SERVICE Retum Receipt Fee 1.85 Retum Receipt Fee s Reabicted Delivery 0.00 E Restricted Delivery Total Postage & Fees 4.64 Total Postage & Fees US Postal Service us Postal Service Receipt for w Receipt for i Certified Mail y ® p Certified Mail ?, Noansurance Coverage Provided No insurance Coverage Prov>ded Y Do Not Use for Irdemadonal Mal ^?^ . J Do Not Use for k* madonal Mai n 1 Q CITIFINANCIAL MORTGAGE COMPANY, INC. f/k/a CONSUMER DISCOUNT COMPANY, Plaintiff v. JAY HOLLAND and AMY HOLLAND, DefendantS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW No. 06-6603 CIVIL TERM IN RE: MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT BEFORE OLER, J. ORDER OF COURT AND NOW, this 31" day of May, 2007 upon consideration of Plaintiff Citifinancial Mortgage Company's Motion for Service Pursuant to Special Order of Court and the attached supporting affidavit, the motion is granted, to the extent that service of the Notice of Sale in this matter may be made on Defendants Jay Holland and Amy Holland by (a) posting of the premises at 313 Zion Road, Mount Holly Springs, PA 17065, and (b) regular and certified mail to their last known addresses at P.O. Box 7210, Norco, CA 92860, and 34 Trine Avenue, Mount Holly Springs, PA 17065, and that of the mortgaged premises at 313 Zion Road, Mount Holly Springs, PA 17065, said service to be complete upon mailing, and (c) publication one time in the Cumberland County Law Journal and in a newspaper of general circulation in Cumberland County. .0 T wtw, , 1 to ude set ray hm ad ft mW of say at WW. Pa. .200 7 .. PrAM1AlIt1t8/'V BY THE COURT, J) Wesley Oler, Jr., J. Daniel G. Schmieg, Esq. PHELAN HALLINAN & SCHMIEG LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 Attorney for Plaintiff Jay Holland P.O. Box 7210 Norco, CA 92860 Defendant-Pro Se Amy Holland 34 Trine Avenue Mount Holly Springs, PA 17065 Defendant-Pro Se AFFIDAVIT OF SERVICE PLAINTIFF CITIFINANCIAL MORTGAGE COMPANY, INC., F/K/A FORD CONSUMER DISCOUNT COMPANY DEFENDANT(S) JAY HOLLAND AMY HOLLAND "Please post premises with Notice of Sheriffs Sale per court order" CUMBERLAND COUNTY No. 06-6603 CIVIL TERM PHS#143826 Type of Action - Notice of Sheriffs Sale Sale Date: AUGUST 8, 2007 313 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065 SERVED ;331.40Uat4 a to Served and made known to Ayh4 L6 W4 W , Defendant, on the ( day of tA k Q , 200 at-91(0 , o'clock 0-.m., at 31`3 Ztoa PA -, M&LtK7 &114 SIB(-NHS , Commonwealth pvnna. of-G&Werrria, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of s id Defe ndant(s)' company. ?-Other: 05 Ale4 W_e4m %Tes w i Nat c, d Shat iX ,s 1(e Description: Age Height Weight Race Sex Other I, M6 - t' , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. bef e e th f a` _ of , 2002. No By: SIB, A _ .T SER CE AT L AST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. &a,3 .evi Jersey NOT SERVED PATS:;^;,i,-. E. HARRIS On t4mmission EX?.r?e?Pne 16, 2008 , 200, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant Ist Attempt: Time: 2°d Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of , 200-. Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 C:1? 2S PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker, Classified Advertising; Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) Tune 11, 2007 COPY OF NOTICE OF PUBLICATION ' - ? IrtoRTaA" FAVA kOMtC NSa4J1AER ANY vs. JAY HOLV40 ANY HOLLA"D TO' JAY "HK1L -NOTICE OF $HEP4FF'$ SALE OF REAL PAOPERTY" 'FAKENOT the mW aVoWbCalW atdA$ Z10" FO tADAQ10ff MOLLY` !r 14 Sold ut Sfurrs SNa on Wednaaday. s A U$ yid YO EDP a( nand CauntY . South FiwwW ?:odlslrtad by StrhM, Ow %W, PA 17019, Q too 04r A FQRI'J CONS"EA CDif3COtt Xl91' COMPANY, ALL THAT CERTAIN tract of WW wo *a *#mwa,@nu tt nort wooled. situate In South Mw"Wo" Townsty, tun%eftrtd Gou", P . tlfj od and d.awlr.al,artawtw: _ . I ow or bnnady of James T. or tomtsrty of PpW4' . ' by PwbMe ' 19 Simse t0 to SeraN Z `oat >?lnrw by tt?ttd t?anl _??i+BflymFl'CJ. Jaraas? arpaK or fe?maaCfr of t Paw Murlo4. "AWING a of 8 taataxrdM ndMp 84 trn+daRitn.e?i?YlrFalnp oMbaM f4r2? acre,p >+ a two-^t?BI ha?es. :: ? ?Nd Alq •h and Ma M. dot In >Ielltt ftft bnrrk*e 3t8 ZWO ROAD, MouW M91 LY:SPIRMIOSr P,A *?W '6 "*4pedy. Sold N ft poparl*bR+pV "OLLAM4 l%XLMID OON'DI OVULE- THE HIQHfBMPr AND BEST t 1N _"LL BE T"E; . " ?Q17 F. Pfr ? PA Y91 1 +1" ? ?1?.fott?l?nlNF - ' Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. Atiumm ? J Sworn to and subscribed before me this 12th, day of June, 2007. Ll'?- , i w*=?, Notary P lic My commission expires: all loe COMMONWEALTH OF PENNSYLVANIA Notarial Seal Chnsdna L. Wo fe. Notary Public Carlisle Boro, Curribetbrid Coady My Commission En*w W 1.2008 Member. Pennsylvania Association of Notaries PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz June 15, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. L' a Marie Coyne, E ' or SWORN TO AND SUBSCRIBED before me this 15 day of June, 2007 Notary N016" sm ONORM A COU14 Nofmy FUM [ANUM TORO. CINr MMAND COIMiIY My Comm ow, Impka Apr 18,1010 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania CIVIL ACTION-LAW NO. 06-6603 CIVIL TERM CITIFINANCIAL MORTGAGE COMPANY, INC. F/K/A FORD CONSUMER DISCOUNT COMPANY vs. JAY HOLLAND AMY HOLLAND NOTICE TO: JAY HOLLAND AMY HOLLAND NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TAKE NOTICE that the real es- tate located at 313 ZION ROAD, MOUNT HOLLY SPRINGS, PA 17065 is scheduled to be sold at Sheriff's Sale on Wednesday, AUGUST 8, 2007 at 10:00 A.M., Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $44,321.68, obtained by CITIFINANCIAL MORT- GAGE COMPANY, INC. F/K/A FORD CONSUMER DISCOUNT COMPANY (the mortgagee). ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in South Middletown Township, Cumberland County, Pennsylvania, bounded and de- scribed as follows: On the North by land now or formerly of James T. Spence, now or formerly of Paul Murtoff; on the East by the Public Road leading from Mount Holly Springs to Mt. Zion, also known as Mountain Street Extended; on the South by land now or formerly of H.J. Sherman, now or formerly of James T. Spence, now or formerly of Paul Murtoff. HAVING a frontage of 60 feet and extending 363 feet in depth; contain- ing one-half (1/2) acre; and being improved with a two-story frame dwelling house. TITLE TO SAID PREMISES IS VESTED IN Jay B. Holland and Amy J. Holland, husband and wife, by Deed from Ronald Baer, Execu- tor under the Last Will and Testa- ment of Emma M. Baer, late, dated 09/27/1995, recorded 09/28/1995, in Deed Book 128, page 1002. Being Premises 313 ZION ROAD, MOUNT HOLLY SPRINGS, PA 17065. Improvements consist of residen- tial property. Sold as the property of JAY HOL- LAND & AMY HOLLAND. CONDITIONS OF SALE: THE HIGHEST AND BEST BIDDER SHALL BE THE BUYER. TAKE NOTICE that a Schedule of Distribution will be filed by the Sher- iff on SEPTEMBER 10, 2007, distri- bution will be made in accordance with the schedule unless exceptions are filed within ten days thereto. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff Suite 1400 One Penn Center 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 June 15 15 n F ! n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIFINANCIAL MORTGAGE CO., INC., : No. 200 - F/K/A/ FORD CONSUMER DISCOUNT rwip- (oW3 COMPANY, Plaintiff V. c v JAY HOLLAND and AMY HOLLAND N w "1"1 Defendant MOTION TO WITHDRAW OBJECTIONS Co AND NOW COMES, Defendant Amy Holland, by and through her attorn J,== Sheri D. Coover, Esquire and files Praecipe to Withdraw the Objection to Sheriff s `ale of Defendants' Property and in support thereof avers as follows:? 1. Defendant Amy Holland filed with this Court an Objection to Sheriff's Sale of Defendants' Property. 2. Plaintiff and Defendant are currently involved in discussions which may resolve the outstanding issue. 3. Counsel for Citifinancial Mortgage Co. has been consulted via telephone and they concur in this Motion. 4. Accordingly, Defendant respectfully requests for this Court to withdraw her Objections, without prejudice, to allow her an opportunity to renew her Objections if the issue is not possible to be resolved. WHEREFORE, Defendant respectfully requests for this Court to withdraw her Objection to Sheriff's Sale of Defendants' Property without prejudice. Peri D. Coover, Esquire Attorney ID 93285 4311 N. Sixth Street Harrisburg, PA 17110 (717) 221-9500 a . ft, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIFINANCIAL MORTGAGE CO., INC., : No. 2007-865 F/K/A/ FORD CONSUMER DISCOUNT . COMPANY, Plaintiff V. JAY HOLLAND and AMY HOLLAND Defendant CERTIFICATE OF CONCURRENCE/NON-CONCURRENCE I, Sheri D. Coover, Esquire hereby certify that I spoke via telephone with Vivek Srivastava from Phelan, Hallinan& Schmeig, LLP and he has indicated that he concurs in this Motion. submitted, Fheri D. Coover, Esquire Attorney ID 93285 4311 N. Sixth Street Harrisburg, PA 17110 (717) 221-9500 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIFINANCIAL MORTGAGE CO., INC., : No. 2007-865 F/K/A/ FORD CONSUMER DISCOUNT . COMPANY, Plaintiff . V. JAY HOLLAND and AMY HOLLAND Defendant CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certify that on this day of 2007, I caused the foregoing MOTION TO WITHDRAW OBJECTIONS to be served upon Defendants' counsel addressed as follows: Vivek Srivastava Phelan Hallinan & Schmieg, LLP 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 y submitted, Sheri D. Coover, Esquire Attorney ID 93285 4311 N. Sixth Street Harrisburg, PA 17110 (717) 221-9500 I - * AUG 881DDJdl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA X00 (a - CITIFINANCIAL MORTGAGE CO., INC., : No. 200;-IWO ?i 0 F/K/A/ FORD CONSUMER DISCOUNT . COMPANY, . Plaintiff vi. JAY HOLLAND and AMY HOLLAND Defendant ORDER AND NOW, this 1?k?ay of , 2007, upon consideration of Defendant Amy Holland's Motion, Defend is Objections to the Sheriff's Sale of Defendants' Property is WITHDRAWN without prejudice. ,n J. Z11 cZ E_Ild N 'Ofiv LOOZ 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOG - CITIFINANCIAL MORTGAGE CO., INC., : No. 2967-865 ?o (0 6 3 F/K/A/ FORD CONSUMER DISCOUNT . COMPANY, Plaintiff V. JAY HOLLAND and AMY HOLLAND Defendant MOTION TO WITHDRAW OBJECTIONS AND NOW COMES, Defendant Amy Holland, by and through her attorney, Sheri D. Coover, Esquire and files Praecipe to Withdraw the Objection to Sheriff's Sale of Defendants' Property and in support thereof avers as follows: 1. Defendant Amy Holland filed with this Court an Objection to Sheriff's Sale of Defendants' Property. 2. Plaintiff and Defendant are currently involved in discussions which may resolve the outstanding issue. 3. Counsel for Citifinancial Mortgage Co. has been consulted via telephone and they concur in this Motion. 4. Accordingly, Defendant respectfully requests for this Court to withdraw her Objections, without prejudice, to allow her an opportunity to renew her Objections if the issue is not possible to be resolved. WHEREFORE, Defendant respectfully requests for this Court to withdraw her Objection to Sheriff's Sale of Defendants' Property without prejudice. tted, ?heri D. Coover, Esquire Attorney ID 93285 4311 N. Sixth Street Harrisburg, PA 17110 (717) 221-9500 N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ,;t-b0G CITIFINANCIAL MORTGAGE CO., INC., : No. 2W-865' 6 6 63 F/K/A/ FORD CONSUMER DISCOUNT COMPANY, Plaintiff V. JAY HOLLAND and AMY HOLLAND Defendant CERTIFICATE OF CONCURRENCE/NON-CONCURRENCE I, Sheri D. Coover, Esquire hereby certify that I spoke via telephone with Vivek Srivastava from Phelan, Hallinan& Schmeig, LLP and he has indicated that he concurs in this Motion. submitted, Sheri D. Coover, Esquire /Attorney ID 93285 4311 N. Sixth Street Harrisburg, PA 17110 (717) 221-9500 a. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ?o(o- CITIFINANCIAL MORTGAGE CO., INC., No. 2,86'9-8f 6 p F/K/A/ FORD CONSUMER DISCOUNT COMPANY, Plaintiff V. JAY HOLLAND and AMY HOLLAND Defendant CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certify that on this day of , 2007, I caused the foregoing MOTION TO WITHDRAW OBJECTIONS to be served upon Defendants' counsel addressed as follows: Vivek Srivastava Phelan Hallinan & Schmieg, LLP 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 submitted, Sh ri D. Coover, Esquire ttorney ID 93285 4311 N. Sixth Street Harrisburg, PA 17110 (717) 221-9500 N _ c ' -r7 4 Phelan Hallinan & Schmieg, LLP By: Michael E. Carleton, Esquire Atty. I.D. No. 203009 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Citifinancial Mortgage Company, Inc., f/k/a Ford Consumer Discount Company Court of Common Pleas 1111 Northpoint Drive, Building 4, Suite 100 Coppell, TX 75019 Plaintiff Civil Division VS. Cumberland County Jay B. Holland Amy J. Holland, a/k/a Amy Rich 313 Zion Road 06-6603 Civil Term Mount Holly Springs, PA 17065 Defendants EXCEPTIONS TO SHERIFF'S SALE DISTRIBUTION PURSUANT TO PA.R.C.P. RULE 3136(d) And now comes Plaintiff, Citifinancial Mortgage Company, Inc., f/k/a Ford Consumer Discount Companyby and through its counsel, Phelan Hallinan & Schmieg, LLP, and prays that this Honorable Court grant Plaintiff s Exceptions to Sheriff s Sale Distribution of Proceeds for the following reasons: 1. The Plaintiff is Citifinancial Mortgage Company, Inc., f/k/a Ford Consumer Discount Company., the holder of that certain Mortgage dated September 27, 1995, and recorded September 28, 2007, in the Office of the Recorder of Cumberland County at Mortgage Book 1284, Page 234, which is a valid lien on the property located at 313 Zion Road, Mount Holly Springs, Holly Springs Township, Cumberland County, PA 17065, Parcel Number 40-31-2185-026 (hereinafter "Property") the collateral for the underlying loan. (hereinafter "Mortgage") A true and correct copy of the Mortgage is attached hereto, made a part hereof, and marked as Exhibit "A". 2. The underlying loan became delinquent and Plaintiff initiated foreclosure proceedings on November 15, 2006. Attached hereto, made a part hereof and marked as Exhibit "B" is a true and correct copy of the Complaint in Mortgage Foreclosure. 3. Plaintiff obtained a Default Judgment against Defendants on March 13, 2007, in the amount of $44,321.68. Attached hereto, made part hereof, and marked as Exhibit "C" is a true and correct copy of the Praecipe for Default Judgment. 4. On May 23, 2007, this Honorable Court entered an Order reassessing damages in the amount of $48,770.36. Attached hereto, made part hereof and marked as Exhibit "D" is a true and correct copy of the May 23, 2007 order. 5. On August 8, 2007, the property was sold at the Cumberland County Sheriff s Sale pursuant to a Writ of Execution issued out of the above captioned case. 6. The Property was struck down to a third-party bidder for the amount of $60,000.00, at the August 8, 2007, Cumberland County Sheriff Sale. 7. On or about September 7, 2007, in accordance with Pa. R.C.P. 3136(d), the Cumberland County Sheriff provided Plaintiff with a copy of its proposed Schedule of Distribution, which listed the Plaintiff as receiving $49,123.16. Attached hereto, made a part hereof and marked as Exhibit "E"' is a true and correct copy of the Sheriff s Schedule of Distribution. 8. Since the entry of Default Judgment, Plaintiff has expended additional sums including taxes, property maintenance fees, and insurance premiums, relative to the Property to protect its collateral. 9. The total debt owed to Plaintiff at the time of the Sale was $55,800.00, the amount Plaintiff bid at sale. 10. According to Extraco Mortgage v. Williams, 2002 Pa. Super. 246, 805 A.2 d543 (2002), amounts expended by Plaintiff to protect its collateral since the time of default judgment are recoverable and relate back to the date of the mortgage for priority. 11. Plaintiff prays that the proposed Schedule of Distribution be amended to reflect payment to Plaintiff the amount of $55,800.00. The sheriff has funds available to pay the amount Plaintiff is seeking. 12. Plaintiff requests this Honorable Court enter an Order directing the Sheriff to pay Plaintiff the balance due as follows: Principal: Interest: Escrow Corporate Advance Sheriff's Deposit Property Preservation Balance due: $ 38,302.87 $ 6,307.14 $ 1,095.01 $ 5,970.65 $ 1,500.00 $ 2,719.33 $ 55,800.00 13. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion for Exceptions to Sheriff's Sale Distribution to all interested parties on 3129.2 on September 14, 2007 and requested the interested parties' Concurrence. Plaintiff did not receive any response from the interested parties listed on 3129.2. 14. The Honorable J. Wesley Oler, Jr., entered the Order granting Plaintiff's Motion to Reassess Damages on May 23, 2007, and the Order granting Plaintiff s Motion for Special Service on May 31, 2007. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order amending the Schedule of Distribution to reflect the payment to Plaintiff in the amount of $55,800.00, and directing the Sheriff to pay Plaintiff the balance of $55,800.00. Respectfully Submitted Phelan Hallinan & Schmieg, LLP Date: September 14, 2007 Michael E. Carleton, Esquire Attorney for Plaintiff t ?- ??-? b Nbv 07'06 01s22p Jody Conrad 717-857-4345 . P.18 b MORTGAGE TMIS, ORTQ. omww brb on OSl27/15 . befenso JAY a. MOI lMO AMD AM J. MOLIMO w 31) 21011 am MT NRL1 1PMIM1t. 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A.w eivned dlb Mw1Ye0e M/Mb wN(v) Mwrrd, en tM tlele feet ebovv rwvA w his mewded N mach. 111TaN W fey my wNwd lAx000071 ie «1d larnrd iw tAw I - ton 71-h Av. >< ?(_ Nov 07* 06 01:23p Jody Conrad 717-957-4345 AX-L MAP C><It hZP tract or ;Gad with the improvea nts tharson Greeted, situato in mouth Middleton Township, cumborland county, Pohnsylvanie, bounded and described as follows: Cm tho North by land now or formerly of Oyam" To apGnoG, now or formerly of peel Murtorr) on the Knot by the Public Road loading from Meant Rally Springs to Mt. Itch, also known s lbantaiu Sti:est sutendedl on the south by land now or torkerN of U.J. ahsta n, now or formerly of laws T. Spence, now or formerly o! Paul Myrtofl. HXVxFO a frontage of do root and extending 343 fast' in depths containing one-halt (1/2) scrap and being improved with a tvo- stosy Crow dwelling how*. ;f M0 M tlr tar?ilr rwwdn0 d Dinh ' ., s??Mr?PCS?dsr? tAr ?:.. i612$4 vat p.19 e, k, ? PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 143826 CITIFINANCIAL MORTGAGE COMPANY, INC., F/K/A FORD CONSUMER DISCOUNT COMPANY 1111 NORTHPOINT DRIVE BUILDING 4, SUITE 100 COPPELL, TX 75019 Plaintiff V. JAY B. HOLLAND AMY J. HOLLAND A/K/A AMY RICH 313 ZION ROAD MOUNTY HOLLY SPRINGS, PA 17065 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. M CUMBERLAND COUNTY fired it 1??Q N.3 CM -s7 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE C-. X* C:`- z co 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. Lawyer Referral Service Cumberland County Bar Association , e F 32 South Bedford Street Carlisle, PA 17013 PLOMPERM (800)990-9108 V%tMeby cagy ? Ml**11z be $ l k Vad{A MOrd ?. File #. 143926 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS MMOUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File it: 143826 1. Plaintiff is CITIFINANCIAL MORTGAGE COMPANY, INC., F/K/A FORD CONSUMER DISCOUNT COMPANY 1111 NORTHPOINT DRIVE BUILDING 4, SUITE 100 COPPELL, TX 75019 2. The name(s) and last known address(es) of the Defendant(s) are: JAY B. HOLLAND AMY L HOLLAND A/K/A AMY RICH 313 ZION ROAD MOUNTY HOLLY SPRINGS, PA 17065 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 09/27/1995 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1284, Page: 234. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2006 and each month thereafter are due and unpaid, and by the terrors 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. File #: 143826 6. The following amounts are due on the mortgage: Principal Balance $38,302.87 Interest 2,107.80 06/01/2006 through 11/13/2006 (Per Diem $12.70) Attorney's Fees 1,250.00 Cumulative Late Charges 0.00 09/27/1995 to 11/13/2006 Cost of Suit and Title Search S550.00 Subtotal $ 42,210.67 Escrow Credit 0.00 Deficit 1,095.01 Subtotal $ 1.095.01 TOTAL $ 43,305.68 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. if the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 43,305.68, together with interest from 11/13/2006 at the rate of $12.70 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHE LIN?A''Nnn& SCIfl?IIEG, By: roan L CE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 143826 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in South Middletown Township, Cumberland County, Pennsylvania, bounded and described as follows: On the North by land now or formerly of James T. Spence, now or formerly of Paul Murton on the East by the Public Road leading from Mount Holly Springs to Mt. Zion, also known as Mountain Street Extended; on the South by land now or formerly of H.J. Sherman, now or formerly of James T. Spence, now or formerly of Paul Murtoff. HAVING a frontage of 60 feet and extending 363 feet in depth; containing one-half (1/2) acre; and being improved with a two-story frame dwelling house. BEING the same premises that Gertie Mae McLaughlin, widow; Kathleen M. Leib and Lee M. Leib, her husband; John S. McLaughlin and Geraldine A. McLaughlin, husband and wife; Reba M. Weary and Russell Weary, her husband; Hazel M. Cline and Russell Cline, her husband; Ralph C. McLaughlin and Dorothy G. McLaughlin, husband and wife; Verna M. McCauslin and Fred McCauslin, her husband; Marie M. Cvetko and Joseph Cvetko, her husband; Ruth M. Shenk and Paul J. Shenk, her husband; Marlin McLaughlin and Conevieve McLaughlin, husband and wife; Carl A. Goodling and Alfaretta T. Goodling, husband and wife; Evelyn G. Long and Raymond Long, her husband; Robert C. Goodling and Lillie R. Goodling, husband and wife, Margaret G. Verow and Edward H. Verow, her husband, by their deed dated the 10th day of December, 1%2, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book'V', Volume 320 Page 136, granted and conveyed unto Irvin P. Baer and Emma Mae Baer. PREMISES BEING 313 ZION ROAD File #: 143826 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAIIV W in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1424 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. 1) ?g?- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: I1 l3 ? )OC C-- PHELAN HALLINAN do SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Ideadfiatbn No. 62205 Attorney for Phiatlff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1514 rats 563.7000 CITIFINANCIAL MORTGAGE COMPANY, INC., F/K/A FORD CONSUMER DISCOUNT COMPANY 1111NORTEIPOINT DRIVE BUILDING 4, SUITE 100 COPPELL, TX 75019 v. Plaintiff, MTOINYFUMpy b* CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06.6603 CIVIL TERM JAY HOLLAND AMY HOLLAND Defendant(s). , PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against LAY AMY H L ?iL N, D. Defendant(s) for failure to file an Answer to Plaintiffs Comp, from service thereof and for Foreclosure and Sale of the mortgaged premises, and damages as follows: N .RLEC` _N Q 47 ?l fa_, ni? W As set forth in Complaint $43,305.68 Interest from 11/14/06 to 02/02/07 $1,016.00 ?? TOTAL $44,321,68 100 I hereby certify that 0) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. V 4 1 r` JJJ / DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY ?. 143826 1. J Fxkl? it MAY 18IOO1Wf 10 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Citif nancial Mortgage Company, Inc., : Court of Common Pleas F/K/A Ford Consumer Discount Company Plaintiff : Civil Division VS. Jay B. Holland Amy J. Holland A/K/A Amy Rich Defendants : Cumberland County : No. 2006-6603-Civil Term 4 O R AND NOW, this 01 day o T-ERED 007, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $38,302.87 Interest Through 6/13/07 6,307.14 Per Diem $12.70 Late Charges 0.00 Legal fees 1,675.00 Cost of Suit and Title 1,390.34 Sheriffs Sale Costs 0.00 Property Inspections 0.00 Appraisal/Brokers Price Opinion 0.00 Mortgage Ins. Premium/Private Mortgage Ins. 0.00 NSF (Non-Sufficient Funds charge) 0.00 1g3SL(o SuspenselMisc. Credits Escrow Deficit TOTAL 0.00 1.095.01 $48,770.36 Plus interest from 6/13/07 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. UAW 143826 ??/ W? + 6- SCHEDULE OF DISTRIBUTION SALE NO. 93 Date Filed: September 07, 2007 Writ No. 2006-6603 Civil Term Citifinancial Mortgage Company, Inc. f/k/a Ford Consumer Discount Company VS Jay Holland and Amy Holland 313 Zion Road Mt. Holly Springs, PA 17065 Sale Date: August 08, 2007 Buyer: James L. Adams Bid Price: $60,000.00 Real Debt Interest Attorney Writ Costs Misc. Costs Escrow Deficit Total: $38,302.87 6,659.94 1,675.00 1,390.34 1,095.01 pgc?7- i ? 5 ?a (0 $49,123.16 per order of court on May 23, 2007 DISTRIBUTION: Receipts: Cash on account (03/15/2007): Cash on account (08/08/2007): Cash on account (08/24/2007): $ 1,500.00 6,000.00 56,916.18 Total Receipts: $64,416.18 Disbursements: Sheriffs Costs $2,119.08 Legal Search 300.00 Transfer Tax, Local 708.09 Transfer Tax, State 708.09 Cumberland County Tax Claim 790.92 Judy Campbell, Tax Collector 818.72 Attorney Daniel Schmieg 1,500.00 Citifinancial Mortgage Company, Inc. 49,123.16 Jay Holland and Amy Holland 8,348.12 Total Disbursements: ($64,416.18) Balance for distribution: 0.00 So Answers: R. Thomas Kline Sheriff VERIFICATION I, Michael E. Carleton, Esquire, hereby state that I am the attorney for the Plaintiff herein and am authorized to make this verification. I hereby verify that the information contained in Plaintiff s Exceptions to Sheriff s Sale Distribution Pursuant to Pa.R.C.P., 3136(d) is true and correct to the best of my knowledge, information and belief. I am aware that this verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Respectfully Submitted Phelan Hallinan & Schmieg, LLP Date: September 14, 2007 BY: Michael E. Carleton, Esquire Attorney for Plaintiff . Phelan Hallinan & Schmieg, LLP By: Michael E. Carleton, Esquire Atty. I.D. No. 203009 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Citifinancial Mortgage Company, Inc. f/k/a Ford Consumer Discount Company 1111 Northpoint Drive, Building 4, Suite 100 Coppell, TX 75019 Plaintiff vs. Jay B. Holland Amy J. Holland, a/k/a Amy Rich 313 Zion Road Mount Holly Springs, PA 17065 Defendants Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County : 06-6603 Civil Term BRIEF IN SUPPORT OF PLAINTIFF'S EXCEPTIONS TO DISTRIBUTION 1. FACTUAL BACKGROUND The Plaintiff is Citifinancial Mortgage Company, Inc., f/k/a Ford Consumer Discount Companythe holder of that certain Mortgage dated September 27, 1995, and recorded September 28, 1995, in the Office of the Recorder of Cumberland County at Mortgage Book 1284, Page 234. The underlying loan became delinquent and Plaintiff initiated foreclosure proceedings on September 15, 2006. Plaintiff obtained a Default Judgment, against Defendants on March 13, 2007, in the amount of $44,321.68. On May 23, 2007, this Honorable Court entered an Order reassessing damages in the amount of $48,770.36. J . . On August 8, 2007, the premises located at 313 Zion Road, Mount Holly Springs, PA 17065, (hereinafter "Property") Mount Holly Springs, Holly Spings Township, Cumberland County, PA 17065, Parcel Number 40-31-2185-26, was sold at the Cumberland County Sheriffs Sale pursuant to a Writ of Execution issued out of the captioned case. The Property was struck down to a third-parry bidder for the amount of $60,000.00, at the August 8, 2007, Cumberland County Sheriff Sale. On or about September 7, 2007, in accordance with Pa. R.C.P. 3136(d), the Cumberland County Sheriff provided Plaintiff with a copy of its Proposed Schedule of Distribution, which distribution listed the Plaintiff as receiving $49,123.16. Since the entry of Default Judgment, Plaintiff has expended additional sums including taxes, property maintenance fees, and insurance premiums, relative to the Property to protect its collateral. The total debt owed to Plaintiff at the time of the Sale was $55,800.00, the amount Plaintiff bid at sale. Plaintiff is requesting that the Proposed Schedule of Distribution by amended to reflect payment to Plaintiff in the amount of $55,800.00. The sheriff has funds available to pay the amount Plaintiff is seeking. II. LEGAL AUTHORITY Pennsylvania Rule of Civil Procedure 3136(d) allows a party to file Exceptions to the Sheriff's proposed Schedule of Distribution within ten days of the date of posting of the proposed schedule. In the instant case, Plaintiff has filed timely exceptions. The Superior Court of Pennsylvania held in the case of Extraco Mortgagee v. Williams, 2002 Pa. Super. 246, 805 A.2d 543 (Pa. Super. 2002), that payments for taxes and insurance, and through implication, other costs collectable under the Note and Mortgage, made by a senior lienholder following the entry of default judgment on its Mortgage, relate back to the date of ? . mortgage for the priority. In the instant matter, Plaintiff has expended additional sums, including taxes, property maintenance fees, and insurance premiums, relative to the Property to protect its collateral which have inured to the benefit of all parties. In accordance with the holding in Extraco Mortgage, these amounts are recoverable upon the distribution of sale proceeds and take priority over any amounts owed to junior lienholders. Additionally, this Court has plenary power to administer equity in cases under its jurisdiction according to well settled principles of equity jurisprudence. Cheval v. City of Cumberland, 116 Pa. Super. 101, 176 A. 779 (Pa. Super. 1935). Moreover, it is well settled that Courts will lean to a liberal exercise of the equity power without encouraging technical niceties in the modes of procedure and forms of pleading. Gunnett v. Trout, 380 Pa. 504, 112 A.2d 333 (Pa. 1955). Plaintiff submits that this Court should exercise its equity and discretion to allow the instant Exceptions to be heard as it was promptly filed in anticipation of the distribution of proceeds of sale in this matter and the sums expended inured to the benefit of all parties involved. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order directing distribution to the executing Plaintiff in the amount of $55,800.00. Respectfully Submitted Phelan Hallinan & Schmieg, LLP Date: September 14, 2007 By: Michael E. Carleton, Esquire Attorney for Plaintiff t . Phelan Hallinan & Schmieg, LLP By: Michael E. Carleton, Esquire Atty. I.D. No. 203009 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Citif nancial Mortgage Company, Inc. f/k/a Ford Consumer Discount Company : Court of Common Pleas 1111 Northpoint Drive, Building 4, Suite 100 Coppell, TX 75019 Plaintiff : Civil Division VS. : Cumberland County Jay B. Holland Amy J. Holland, a/k/a Amy Rich 313 Zion Road 06-6603 Civil Term Mount Holly Springs, PA 17065 Defendants CERTIFICATE OF SERVICE I hereby certify a true and correct copy of the foregoing Exceptions to Sheriff's Sale Distribution was served by regular mail on: Jay B. Holland Amy J. Holland, a/k/a Amy Rich 313 Zion Road Mount Holly Springs, PA 17065 Jay B. Holland Amy J. Holland, a/k/a Amy Rich P.O. Box 7210 Norco, CA 92860 Jay B. Holland Amy J. Holland, a/k/a Amy Rich 34 Trine Avenue Mount Holly Springs, PA 17065 Pennsylvania Housing Finance Agency 211 N. Front Street P.O. Box 15530 Harrisburg, PA 17105-5530 Date: September 14, 2007 R. Thomas Kline Sheriff of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17103 Tenants/Occupant 313 Zion Road Mount Holly Springs, PA 17065 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Respectfully Submitted Phelan Hallinan & chmieg, LLP By: Michael E. Car eton, Esquire Attorney for Plaintiff ,- t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Citifinancial Mortgage Company, Inc. f/k/a Ford Consumer Discount Company 1111 Northpoint Drive, Building 4, Suite 100 Civil Division Coppell, TX 75019 Plaintiff VS. Jay B. Holland Amy J. Holland, a/k/a Amy Rich 313 Zion Road 06-6603 Civil Term Mount Holly Springs, PA 17065 Defendants IN RE: EXCEPTIONS OF PLAINTIFF TO SHERIFF'S SALE DISTRIBUTION . PURSUANT TO PA. R.C.P. RULE 3166(d) AND NOW, this date of September, 2007, upon consideration of the Plaintiff's Exceptions to Sheriffs Sale Distribution Pursuant to PA. R.C.P. Rule 3136(d), a rule is hereby issued upon Defendants, Pennsylvania Housing Finance Agency, Commonwealth of Pennsylvania, Domestic Relations of Cumberland County, and the Cumberland County Sheriff's Office, to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of the date of this order. BY THE COURT, J. Wesley Oler, Jr., J. t <.r co a 9:13 G a4 c) C) Phelan Hallinan & Schmieg, LLP By: Michael E. Carleton, Esquire Atty. I.D. No. 203009 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Citifinancial Mortgage Company, Inc., f/k/a Ford Consumer Discount Company Court of Common Pleas 1111 Northpoint Drive, Building 4, Suite 100 Coppell, TX 75019 Plaintiff Civil Division vs. Cumberland County Jay B. Holland Amy J. Holland, a/k/a Amy Rich 313 Zion Road 06-6603 Civil Term Mount Holly Springs, PA 17065 Defendants EXCEPTIONS PURSUANT TO PA.R.C.P. 3136(d) TO AMENDED SCHEDULE OF DISTRIBUTION OF SALE NO. 93 HELD ON AUGUST 8, 2007 And now comes Plaintiff, Citifinancial Mortgage Company, Inc., Wa Ford Consumer Discount Company by and through its counsel, Phelan Hallinan & Schmieg, LLP, and prays that this Honorable Court grant Plaintiff's Exceptions Pursuant To Pa. R.C.P. 3136(d) To Amended Schedule Of Distribution Of Sale No. 93 Held On August 8, 2007 for the following reasons: 1. The Plaintiff is Citifinancial Mortgage Company, Inc., f/k/a Ford Consumer Discount Company, the holder of that certain Mortgage dated September 27, 1995, and recorded September 28, 2007, in the Office of the Recorder of Cumberland County at Mortgage Book 1284, Page 234, which is a valid lien on the property located at 313 Zion Road, Mount Holly Springs, Holly Springs Township, Cumberland County, PA 17065, Parcel Number 40-31-2185-026 (hereinafter "Property") the collateral for the underlying loan. (hereinafter "Mortgage") A true and correct copy of the Mortgage is attached hereto, made a part hereof, and marked as Exhibit "A". 2. The underlying loan became delinquent and Plaintiff initiated foreclosure proceedings on November 15, 2006. Attached hereto, made a part hereof and marked as Exhibit "B" is a true and correct copy of the Complaint in Mortgage Foreclosure. 3. Plaintiff obtained a Default Judgment against Defendants on March 13, 2007, in the amount of $44,321.68. Attached hereto, made part hereof, and marked as Exhibit "C" is a true and correct copy of the Praecipe for Default Judgment. 4. On May 23, 2007, the Honorable J. Wesley Oler, Jr. entered an Order reassessing damages in the amount of $48,770.36. Attached hereto, made part hereof and marked as Exhibit "D" is a true and correct copy of the May 23, 2007 order. 5. On August 8, 2007, the property was sold at the Cumberland County Sheriff's Sale pursuant to a Writ of Execution issued out of the above captioned case. 6. The Property was struck down to a third-party bidder for the amount of $60,000.00, at the August 8, 2007, Cumberland County Sheriff Sale. 7. On or about September 7, 2007, in accordance with Pa. R.C.P. 3136(d), the Cumberland County Sheriff provided Plaintiff with a copy of its proposed Schedule of Distribution, which listed the Plaintiff as receiving $49,123.16. Attached hereto, made a part hereof and marked as Exhibit "E"' is a true and correct copy of the Sheriff's Schedule of Distribution. 8. Plaintiff filed Exceptions to Sheriff's Sale Distribution on September 18, 2007, and same are pending before this Honorable Court. A true and correct copy of Plaintiff's Exceptions are attached hereto, made part hereof, and marked as Exhibit "F." 9. The Sheriff issued an Amended Schedule of Distribution on September 26, 2007 without amending the amount to be distributed to Plaintiff. A true and correct copy is attached hereto, made part hereof, and marked as Exhibit "G." 10. Since the entry of Default Judgment, Plaintiff has expended additional sums including taxes, property maintenance fees, and insurance premiums, relative to the Property to protect its collateral. 11. The Sheriff s Amended Schedule of Distribution does not reflect the proper amount due to the Plaintiff. 12. The total debt owed to Plaintiff at the time of the Sale was $53,175.00, the amount Plaintiff bid at sale. 13. According to Extraco Mortgage v. Williams, 2002 Pa. Super. 246, 805 A.2 d543 (2002), amounts expended by Plaintiff to protect its collateral since the time of default judgment are recoverable and relate back to the date of the mortgage for priority. 14. Plaintiff prays that the proposed Schedule of Distribution be amended to reflect payment to Plaintiff the amount of $53,175.00. The sheriff has funds available to pay the amount Plaintiff is seeking. 15. Plaintiff requests this Honorable Court enter an Order directing the Sheriff to pay Plaintiff the balance due as follows: Principal: $ 38,302.87 Interest: $ 6,307.14 Escrow $ 1,095.01 Corporate Advance $ 5,969.98 Sheriff's Deposit $ 1,500.00 Balance due: $ 53,175.00 ueordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its „ptions to Sheriffs Amended Sale Distribution to all interested parties on 3129.2 on Ober 4, 2007 and requested the interested parties' concurrence. `,WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order 11 g the Schedule of Distribution to reflect the payment to Plaintiff in the amount of 1 ; ,1i d 00, and directing the Sheriff to pay Plaintiff the balance of $53,175.00. Respectfully Submitted Phelan Hallman & Schmieg, LLP Michael E. Carleton, Esquire Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP By: Michael E. Carleton, Esquire Atty. I.D. No. 203009 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Citifinancial Mortgage Company, Inc. f/k/a Ford Consumer Discount Company Court of Common Pleas 1111 Northpoint Drive, Building 4, Suite 100 Coppell, TX 75019 Plaintiff Civil Division VS. Cumberland County Jay B. Holland : Amy J. Holland, &Wa Amy Rich 313 Zion Road 06-6603 Civil Term Mount Holly Springs, PA 17065 Defendants BRIEF IN SUPPORT OF PLAINTIFF'S EXCEPTIONS PURSUANT TO Pa. R.C.P. 3136(d) TO AMENDED SCHEDULE OF DISTRIBUTION OF SALE NO. 93 HELD ON SEPTEMBER 26, 2007 1. FACTUAL BACKGROUND The Plaintiff is Citifinancial Mortgage Company, Inc., f/k/a Ford Consumer Discount Company the holder of that certain Mortgage dated September 27, 1995, and recorded September 28, 1995, in the Office of the Recorder of Cumberland County at Mortgage Book 1284, Page 234. The underlying loan became delinquent and Plaintiff initiated foreclosure proceedings on September 15, 2006. Plaintiff obtained a Default Judgment, against Defendants on March 13, 2007, in the amount of $44,321.68. On May 23, 2007, this Honorable Court entered an Order reassessing damages in the amount of $48,770.36. On August 8, 2007, the premises located at 313 Zion Road, Mount Holly Springs, PA 17065, (hereinafter "Property") Mount Holly Springs, Holly Springs Township, Cumberland County, PA 17065, Parcel Number 40-31-2185-26, was sold at the Cumberland County Sheriff's Sale pursuant to a Writ of Execution issued out of the captioned case. The Property was struck down to a third-party bidder for the amount of $60,000.00, at the August 8, 2007, Cumberland County Sheriff Sale. On or about September 7, 2007, in accordance with Pa. R.C.P. 3136(d), the Cumberland County Sheriff provided Plaintiff with a copy of its Proposed Schedule of Distribution, which distribution listed the Plaintiff as receiving $49,123.16. Plaintiff filed Exceptions to Sheriffs Sale Distribution on September 18, 2007, and same are pending before this Honorable Court. The Sheriff issued an Amended Schedule of Distribution on September 26, 2007 without amending the amount to be distributed to Plaintiff, which listed the Plaintiff as receiving $49,123.16, but distributing the remainder of proceeds available to the Pennsylvania Housing Finance Agency and U.S. Treasury Department. The Sheriff's Amended Schedule of Distribution does not reflect the proper amount due to the Plaintiff. Since the entry of Default Judgment, Plaintiff has expended additional sums including taxes, property maintenance fees, and insurance premiums, relative to Property to protect its collateral. The total debt owed to Plaintiff at the time of the Sale was $53,175.00, the amount Plaintiff bid at sale. Plaintiff is requesting that the Proposed Schedule of Distribution by amended to reflect payment to Plaintiff in the amount of $53,175.00. The sheriff has funds available to pay the amount Plaintiff is seeking. II. LEGAL AUTHORITY Pennsylvania Rule of Civil Procedure 3136(d) allows a party to file Exceptions to the Sheriff's proposed Schedule of Distribution within ten days of the date of posting of the proposed schedule. In the instant case, Plaintiff has filed timely exceptions. The Superior Court of Pennsylvania held in the case of Extraco Mortgage v. Williams, 2002 Pa. Super. 246, 805 A.2d 543 (Pa. Super. 2002), that payments for taxes and insurance, and through implication, other costs collectable under the Note and Mortgage, made by a senior lienholder following the entry of default judgment on its Mortgage, relate back to the date of mortgage for the priority. In the instant matter, Plaintiff has expended additional sums, including taxes, property maintenance fees, and insurance premiums, relative to the Property to protect its collateral which have inured to the benefit of all parties. In accordance with the holding in Extraco Mortgage, these amounts are recoverable upon the distribution of sale proceeds and take priority over any amounts owed to junior lien holders. Additionally, this Court has plenary power to administer equity in cases under its jurisdiction according to well settled principles of equity jurisprudence. Cheval v. City of Cumberland, 116 Pa. Super. 101, 176 A. 779 (Pa. Super. 1935). Moreover, it is well settled that Courts will lean to a liberal exercise of the equity power without encouraging technical niceties in the modes of procedure and forms of pleading. Gunnett v. Trout, 380 Pa. 504, 112 A.2d 333 (Pa. 1955). Plaintiff submits that this Court should exercise its equity and discretion to allow the instant Exceptions to be heard as it was promptly filed in anticipation of the distribution of proceeds of sale in this matter and the sums expended inured to the benefit of all parties involved. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order directing distribution to the executing Plaintiff in the amount of $53,175.00. Respectfully Submitted Phelan Hallinan & Schmieg, LLP Date: By: Michael E. Carleton, Esquire Attorney for Plaintiff EXHIBIT A P. lu MORTGAGE -,Gtcrwd into on 06127165 . boblewn JAY N, ROLLAND AND ,.? of NT HOLLY SPRIM66. PA 11065 ,ear, and FORD EDHSDNEN DISCOUNT CVWANT ,. . ,. oorpormion pevlnp an 6111« end plbee of bv?ihsso at o4k,s SUITE IDt BENSALFII, PA 16DZO-YD32 .... .R. • `rJrort?sar. ,';'. TSi, tttel to S"urg payment by Mortgo W 9f a NOW dated the Dame N WO fdgrtpape in the mum of e i . FNO. DB . ?goad+ar will. M~ at the rose !Clad in that Net, Mortgagor dome by thaw prevent. NN, r;:„i a.,a convey 10 Mortara" ALL the following da.a&ed real Ntete shmwind in the TBNNSNO of poa r SPRINDS County of Cl? MAND Can+Irnorgt!eshh of Pwonwhrunis. --t .4 M f9pum; ^;T ?, ATTAOM KAETO, 11COdWMATCO HEREIN AND NAOE A PART HEREOF. It, r i HER with an Dire huLli n0¦ and improvern.rda 0-MO R and addldosr and &Ham"" Vv"ww ndddln0 all eHeh. ...w.lisweyw, right, 11w.rtiove 1;60110pes, hffpdhwmarla and ¦wgrb-anew wh.t+e.v.r thaverunp bclonainw of ,r..wnlwp herabt "Ned The'MSrtpaped Proffoe er TO HAVE AW 10 HOW the M9rtgoved Promhinw WOW .i4 iy,' ?.onwyed gntg Monoaoae, b and for the Use and bahoof of M6rI6a6N. HO vimovwork and aselgha, r Fe. h.? RTGA(lf_ISMANo b"tthef"awh%grndidene.OWMorto•uorborove: I M wrd6pur win maha an VnW"rts as the due Diego thereof and perform all Other obllgsdons as .ogwhv l or it - W d Iweir omf in said W&M, Nlorpf%W vAN 1W when dtle aN trio and aaeeeements Wed or ssenmeed swat void P-W.44 ur now part thorned, and WIN do&w teoatlpe Ylerafer t the %Wtps6we upon request. MtAOeosr wNl wp Or WAprawmen` on •ald property aonwhAW hunmed agAhrt lira and Olker auoh h-mwelo. M rardr enrunt and wide sL" .1nr. se M fteess e1taN goprove, with %a-. if any, paytbis m lrlartgepN es w Insareet ruby weer. 4, Mortgagor wiN nelOw aomorkh IW w+drer gay .trip, woate. impolre"at of deNriaration of the MorkKOW Plernlnve. and wdll MWMWn the --me in Good Order and repair. N the av.nt the IAortbaoor Baca, 60nee to NA aonwya seeesrr Or "mml" *4 Marlado" Psamivn, aD oblir.tlem aamwd by We ABeriu pa dhow bOoowA duo and payable at Ur option of the Martpaoeo. In the sWWA the Martgagov debada in tin mafdno of Dew P*MWd do. and payablO under maid Note or IM the itwphr0 and perfonrtertse by Mortunc- of arty of Yr waft" of wvawgre Of WW Mmumoo or grd Note, MortuMea shah be wAd.d VII sew, isou" and prone horse to PA6 Maged Premlwn .ad Mpiq.y.c may ferlhWlW laving N Aalort of Moftsga Farovioeure haraon or IrtadgA6 ether 1eraol.aY» Praaaedlaew Vt/9n 1Na Merlpapn and nnby proo.e/ to Pribmnni and aweoudoh IO raoavar Yla ?alsrnan des On void Nw and nay ottrr swna OMt may a due OWAPO ldm , ir~nO ra..wnble atlonsoVs face. nook of yeft and tetsts,of bale. AN an allowed by low. togsthcr WHO) Intarewt attar amount due Martgog" +. ndipb obi = nl.l+vh ar upon b.adm.at oaf paid. Ma.fg.p.d Prbtwiaaw. that Mbry.obb. in WreOrt er ey aownt, droll be avoided so .sew trpen, Mko pov-Jan of, bad manage that Prey.rgr aid to Ooll.er Ilia sari 10 1M prgps1W krefuMM OMO post des, Arty sank wDPq ad by Yra Mindpaons ahaN be eppbod first to payment of the doing of menagertaant al the property. *o1wWon of rents, and reemcrrsbls ?t7 MWM fees, sr,J drbn to INA .tan asarser) by the MDAgegk i RHOVIDBO ALWAY$6 THAT If Maroagor does pay or gown OOP MwWW and Ow debt hereby NCwed to be r WN on the dev And in Or mARrw provided In acid Nm than thin Modrtippa"pc and the swum hereby granted -..see Mul d.l.mdpa ¦nd bafwtir void, erryrhiuo harsh is the oonbey aobvivh snldmV, The oov*mro heroin . r A-M Wad. and be btnethe and odwntpos ehoM inure to the r.rpwWo hob% anamrbre, admbwtrstole, +Rl aademre or "pardon hereto. Whehw"r wend, the vinguler number smell wdwde dr plurd, the plwal -.11 + And the sea of shy OandW OW be applloebla l0ell ganders. ,i:ihis MuMbps In wt161Mt to the lanno and ou"Ithbns of cold Now of even dot. bowman Mortgagor +x:.tQga.*, 1 '4I NLO(i WHEREOF. the said Mortgagor- have signed We Morianve y0th **A0 O ixod, on the Oat0 first sboyr rr 4ndd oe warm . oC M ANT J_. MRPNOQ/ Wltn.re ?4AyU"EAL=MNfWYLV"A . .rhL.. r. ? SR 'fa:t,fau4rla abOye named, n .. ;:: hs recorded ea weh. ,vITNEES rnv he 6.ISre ma, a N.Nry MubNq oonr. ra _ 1 f got end d.ari, gnu unind Na 7) r ---? we» ova r.. INOG w: lr?Pr` ..ao.r AtuoRrtnapara J„dHr , . rR7t 0e`n ~Pepe T of 2 yMiM PALL 234 ?IY1Y f l f -AJ / -TJ'TJ 11. I I A 4L 9'Mr CERTAIN tract of ]'and with thv improVa"nts thateon erected, situate th South IWIstun Township, Cumborland County, P+nnsylvan-ta, bounded and donorlhed as follows; Oh tho North by land now or formerly of Yames T. Sponges now or t:orwerly of Paul )lurtoff; on the East by the Public Road landing from ttownt molly Springs to Mt. 83.0h, also known %s z rauntain y Street Extended; on the south by land now or fork*ri of 7f.J. Sherman, now or formerly of Janes T. Spence, now or formerly of Paul tlurtoff. )IAVXNG a irontaye of bo fsse and extending 961 feet' In deptht containing one-halt (1/3) acral and being improva4 with a troc- story trams dwelling house. ` ?.. .. SS •: ' ' _' r ...ro of Cu !Wt kwx, :N1.;•.?"'. :_ . in OW 1or•tM r.o. Ang df 0 ` MI lend C vi . Aoa R aiy br uIota ? )s) ?. IL M., rw 0 day. %w ,l -1 im-1294 17C! 23$ I, EXHIBIT B PHELAN HALLINAN & SCHMIEG, LLP LA" RENCE T. PHELAN, ESQ., Id. No. 32227 1 kANCIS S. HALLINAN, ESQ., Id. No. 62695 ONk PENN CENTER PLAZA, SUITE 1400 1`1111L,'IDELPHIA, PA 19103 (215) 563-7000 143826 CITIFINANCIAL MORTGAGE COMPANY, INC., F/K/A FORD CONSUMER DISCOUNT COMPANY I 1 I 1 NORTHPOINT DRIVE BUILDING 4, SUITE 100 COPPELL, TX 75019 Plaintiff V. JAY B. HOLLAND AMY J. HOLLAND A/K/A AMY RICH 313 ZION ROAD MOUNTY HOLLY SPRINGS, PA 17065 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CMG -b(oQ3 ?! V t C /. CUMBERLAND COUNTY fl I-ed it 11'5? w CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE Q v ts. ? --i tz't rr: p T U ? m z -• t co 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. Lawyer Referral Service Cumberland County Bar Association WO hOMby Mritfy AT W?Y ALE W 32 Sou th Bedford Street W bkt to be a tnro and lisle, PA IRETIM" C (800)990-910817013 800)990 9 0813 coffw coAYof -+okjkW wed of blond File #: 143826 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File N: 143826 1. Plaintiff is CITIFINANCIAL MORTGAGE COMPANY, INC., F/K/A FORD CONSUMER DISCOUNT COMPANY 1111 NORTHPOINT DRIVE BUILDING 4, SUITE 100 COPPELL, TX 75019 2. The name(s) and last known address(es) of the Defendant(s) are: JAY B. HOLLAND AMY L HOLLAND A/K/A AMY RICH 313 ZION ROAD MOUNTY HOLLY SPRINGS, PA 17065 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 09/27/1995 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1284, Page: 234. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2006 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. File #: 143926 i lowing amounts are due on the mortgage: I. I Principal Balance $38,302.87 Interest 2,107.80 06/01/2006 through 11/13/2006 (Per Diem $12.70) Attorney's Fees 1,250.00 Cumulative Late Charges 0.00 09/27/1995 to 11/13/2006 Cost of Suit and Title Search 550.00 Subtotal $ 42,210.67 Escrow Credit 0.00 Deficit 1,095.01 Subtotal $ 1,095.01 TOTAL $ 43,305.68 attorney's fees set forth above are in conformity with the mortgage documents and ylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If n, .-xtgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. P of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Ju atance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as a I ed by the mortgage document, as applicable, have been sent to the Defendant(s) on the is set forth thereon, and the temporary stay as provided by said notice has terminated because I ii ndant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit ;4jseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance p 6, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of '6. together with interest from 11/13/2006 at the rate of $12.70 per diem to the date of ?rf;a other costs and charges collectible under the mortgage and for the foreclosure and sale of r . e;t property. 7 LINN?A''N^^& SCHMIEG, LLP By: I rancis S. Hallinan L CE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in South Middletown Township, Cumberland County, Pennsylvania, bounded and described as follows: On the North by land now or formerly of James T. Spence, now or formerly of Paul Murtoff; on the East by the Public Road leading from Mount Holly Springs to Mt. Zion, also known as Mountain Street Extended; on the South by land now or formerly of H.J_ Sherman, now or formerly of James T. Spence, now or formerly of Paul Murtoff. HAVING a frontage of 60 feet and extending 363 feet in depth; containing one-half (1/2) acre; and being improved with a two-story frame dwelling house. BEING the same premises that Gertie Mae McLaughlin, widow; Kathleen M. Leib and Lee M. Leib, her husband; John S. McLaughlin and Geraldine A. McLaughlin, husband and wife; Reba M. Weary and Russell Weary, her husband; Hazel M. Cline and Russell Cline, her husband; Ralph C. McLaughlin and Dorothy G. McLaughlin, husband and wife; Verna M. McCauslin and Fred McCauslin, her husband; Marie M. Cvetko and Joseph Cvetko, her husband; Ruth M. Shenk and Paul J. Shenk, her husband; Marlin McLaughlin and Conevieve McLaughlin, husband and wife; Carl A. Goodling and Alfaretta T. Goodling, husband and wife; Evelyn G. Long and Raymond Long, her husband; Robert C. Goodling and Lillie R. Goodling, husband and wife, Margaret G. Verow and Edward H. Verow, her husband, by their deed dated the 10th day of December, 1962, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book'V', Volume 320 Page 136, granted and conveyed unto Irvin P. Baer and Emma Mae Baer. PREMISES BEING 313 ZION ROAD File fl: 143826 -1-?ANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAI4I'l1+'F ,;Ater, that Plaintiff is outside the jurisdiction of the court and or the Verification could not ;led within the time allowed for the filing on the pleading, that he is authorized to make this :. ,E icon pursuant to Pa. R. C. P.1024 (c) and that the statements made in the foregoing Civil "k it Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and i to the best of his knowledge, information and belief crsigned understands that this statement is made subject to the penalties of 18 Pa. C.S. '14 relating to unsworn falsification to authorities. ?/boa FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff EXHIBIT C I (?AN & SCHMIEG, L.L.P. .. ;,?'IIMTEG 62205 a r I"ER AT SUBURBAN STATION , LNNEDY BLVD., SUITE 1400 t;, PA 19103-1814 ` A " _R •" F7zG eW KEAkRMRN i? L MORTGAGE COMPANY, INC., : t> °.:ONSUMER DISCOUNT COMPANY : CUMBERLAND COUNTY R (t i #'OINT DRIVE COURT OF COMMON PLEAS Nb"- 4, SUITE 100 r f (., TX 75019 CIVIL DIVISION Plaintiff', NO. 06-6603 CIVIL TERM ( f LLAND - 0 )LAND gvTowk-y FILE CM Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO C? Q p -V gat ANSWER AND ASSESSMENT OF DAMAGES -' m ,. n -n )'_OTHONOTARY: ° u ly enter an in rem judgment in favor of the Plaintiff and against JAY H - ani A -t € I 0 LLAND, Defendant(s) for failure to file an Answer to Plaintiffs Complai?i Withiua0 fr ice thereof and for Foreclosure and Sale of the mortgaged premises, and asse:0 PlaihtiNt follows: N, yet forth in Complaint $43,305.68 .. . ,,test from 11/14/06 to 02/02/07 $1,016.00 o t'AL $44,321.68 hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (21 1? 4,otice has been given in accordance with Rule 237. 1, copy attached. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DA;-'AGES ARE HEREBY ASSESSED AS INDICATED. DA'? ? 143`.°' PRO PROTHY EXaIBIT D MAY IS 2'11 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA U11 Mortgage Company, Inc., Court of Common Pleas (:1 Consumer Discount Company Plaintiff Civil Division . and F Land k ich Defendants : Cumberland County : No. 2006-6603-Civil Term 4ORD R NOW, this day o , 2007, upon consideration of Plaintiffs ,?, ?akc Rule Absolute, it is hereby TERED and DECREED, that the Rule entered + ?;tant shall be and is hereby made absolute; and Plaintiff's Motion to Reassess n the above captained matter is hereby GRANTED. The Prothonotary is ordered to z,_ 9 udgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: `A-11"t.ipal Balance $38,302.87 -{,st Through 6/13/07 6,307.14 k. hem $12.70 tc, Charges 0.00 :.' fees 1,675.00 01 Of Suit and Title 1,390.34 tl's Sale Costs 0.00 t?Egicrty Inspections 0.00 pinaisal/Brokers Price Opinion 0.00 N"c ,; tgage his. Premium/Private Mortgage Ins. 0.00 . ?I (t?ton-Sufficient Funds charge) 0.00 Iq -->5 L6 Suspense(Misc. Credits Escrow Deficit TOTAL 0.00 1,095.01 $48,770.36 Plus interest from 6/13/07 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. 143826 ExxisiT E SCHEDULE OF DISTRIBUTION SALE NO. 93 Date Filed: September 07, 2007 Writ No. 2006-6603 Civil Term Citifinancial Mortgage Company, Inc. f/k/a Ford Consumer Discount Company VS Jay Holland and Amy Holland 313 Zion Road Mt. Holly Springs, PA 17065 Sale Date: August 08, 2007 Buyer: James L. Adams Bid Price: $60,000.00 Real Debt Interest Attorney Writ Costs Misc. Costs Escrow Deficit Total: $38,302.87 6,659.94 1,675.00 1,390.34 1,095.01 $49,123.16 per order of court on May 23, 2007 DISTRIBUTION: Receipts: Cash on account (03/15/2007): Cash on account (08/08/2007): Cash on account (08/24/2007): $ 1,500.00 6,000.00 56,916.18 Total Receipts: $64,416.18 ?i e"Its: Sheriffs Costs $2,119.08 Legal Search 300.00 Transfer Tax, Local 708.09 Transfer Tax, State 708.09 Cumberland County Tax Claim 790.92 Judy Campbell, Tax Collector 818.72 Attorney Daniel Schmieg 1,500.00 Citifinancial Mortgage Company, Inc. 49,123.16 Jay Holland and Amy Holland 8,348.12 Votal Disbursements: ($64,416.18) 4a lance for distribution: 0.00 Kline 4 . ,f ExxIBIT F is COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA al Mortgage Company, Inc. f/k/a -!)Sumer Discount Company ,ohpoint Drive, Building 4, Suite 100 Civil Division "X 75019 Plaintiff vs. std :md, a/k/a Amy Rich Koad 06-6603 Civil Term +Ni Springs, PA 17065 Defendants EXCEPTIONS OF PLAINTIFF TO SHERIFF'S SALE DISTRIBUTION . PURSUANT TO PA. R.C.P. RULE 3166(d) o NOW, this date of September, 2007, upon consideration of the Plaintiff's 'o Sheriff's Sale Distribution Pursuant to PA. R.C.P. Rule 3136(d), a rule is hereby tefendants, Pennsylvania Housing Finance Agency, Commonwealth of axtia, Domestic Relations of Cumberland County, and the Cumberland County Sheriff's "i iow cause why the relief requested should not be granted. "l f.? RETURNABLE within 20 days of the date of this order. BY THE COURT, J. Wesley Oler, Jr., J. t 11E COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA z °lcial Mortgage Company, Inc. f/k/a wiumer Discount Company {rthpoint Drive, Building 4, Suite 100 ,:l, `1°X 75019 Plaintiff Civil Division vs. Hand and, a/k/a Amy Rich .ad oily Springs, PA 17065 Defendants ORDER 06-6603 Civil Term this day of , 2007, upon consideration of Plaintiffs to Sheriff's Sale Distribution Pursuant to Pa. R.C.P. 3136(d), it is hereby: -- "MERED and DECREED that said Exceptions are granted and that the Sheriff is ected to issue a revised Schedule of Distribution providing for the balance of the i realized from the Sheriff Sale of the property located at 313 Zion Road, Mount Holly PA 17065 held on August 8, 2007 be paid first for the taxes and costs as outlined in ti - . ;E Schedule of Distribution, then distribute the sum of $55,800.00 to the executing , f'by and through its attorney, Phelan, Hallinan and Schmieg, LLP. J. ???;:. lallinan & Schmieg, LLP a•. 9 E. Carleton, Esquire I ? No. 203009 Attorney for Plaintiff i Center Plaza, Suite 1400 'era, PA 19102-1799 7000 Mortgage Company, Inc., f/k/a A,ner Discount Company Court of Common Pleas ?hpoint Drive, Building 4, Suite 100 X 75019 Plaintiff Civil Division vs. Cumberland County `s [rind ! and, a/k/a Amy Rich Road 06-6603 Civil Term f!) Springs, PA 17065 Defendants EXCEPTIONS TO SHERIFF'S SALE DISTRIBUTION PURSUANT TO PA.R.C.P. RULE 3136(d) And now comes Plaintiff, Citifinancial Mortgage Company, Inc., f/k/a Ford Consumer Companyby and through its counsel, Phelan Hallman & Schmieg, LLP, and prays that this i Court grant Plaintiffs Exceptions to Sheriff's Sale Distribution of Proceeds for the , . ing reasons: The Plaintiff is Citifinancial Mortgage Company, Inc., f/k/a Ford Consumer Discount `company., the holder of that certain Mortgage dated September 27, 1995, and recorded September 28, 2007, in the Office of the Recorder of Cumberland County at Mortgage Book 1284, Page 234, which is a valid lien on the property located at 313 Zion Road, Mount Holly Springs, Holly Springs Township, Cumberland County, PA 17065, Parcel Number 40-31-2185-026 (hereinafter "Property") the collateral for the underlying loan. (hereinafter "Mortgage") A true and correct copy of the Mortgage is attached hereto, made a part hereof, and marked as Exhibit "A". 2. The underlying loan became delinquent and Plaintiff initiated foreclosure proceedings on November 15, 2006. Attached hereto, made a part hereof and marked as Exhibit "B" is a true and correct copy of the Complaint in Mortgage Foreclosure. 3. Plaintiff obtained a Default Judgment against Defendants on March 13, 2007, in the amount of $44,321.68. Attached hereto, made part hereof, and marked as Exhibit "C" is a true and correct copy of the Praecipe for Default Judgment. 4. On May 23, 2007, this Honorable Court entered an Order reassessing damages in the amount of $48,770.36. Attached hereto, made part hereof and marked as Exhibit "D" is a true and correct copy of the May 23, 2007 order. 5. On August 8, 2007, the property was sold at the Cumberland County Sheriffs Sale pursuant to a Writ of Execution issued out of the above captioned case. 6. The Property was struck down to a third-party bidder for the amount of $60,000.00, at the August 8, 2007, Cumberland County Sheriff Sale. 7. On or about September 7, 2007, in accordance with Pa. R.C.P. 3136(d), the Cumberland County Sheriff provided Plaintiff with a copy of its proposed Schedule of Distribution, which listed the Plaintiff as receiving $49,123.16. Attached hereto, made a part hereof and marked as Exhibit "E"' is a true and correct copy of the Sheriff s Schedule of Distribution. 8. Since the entry of Default Judgment, Plaintiff has expended additional sums including taxes, property maintenance fees, and insurance premiums, relative to the Property to protect its collateral. 9. The total debt owed to Plaintiff at the time of the Sale was $55,800.00, the amount Plaintiff bid at sale. 10. According to Extraco Mortgage v. Williams, 2002 Pa. Super. 246, 805 A.2 d543 (2002), amounts expended by Plaintiff to protect its collateral since the time of default judgment are recoverable and relate back to the date of the mortgage for priority. 11. Plaintiff prays that the proposed Schedule of Distribution be amended to reflect payment to Plaintiff the amount of $55,800.00. The sheriff has funds available to pay the amount Plaintiff is seeking. 12. Plaintiff requests this Honorable Court enter an Order directing the Sheriff to pay Plaintiff the balance due as follows: Principal: $ 38,302.87 Interest: $ 6,307.14 Escrow $ 1,095.01 Corporate Advance $ 5,970.65 Sheriff's Deposit $ 1,500.00 Property Preservation $ 2,719.33 Balance due: $ 55,800.00 13. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion for Exceptions to Sheriff's Sale Distribution to all interested parties on 3129.2 on September 14, 2007 and requested the interested parties' Concurrence. Plaintiff did not receive any response from the interested parties listed on 3129.2. 14. The Honorable J. Wesley Oler, Jr., entered the Order granting Plaintiff's Motion to Re?z.s: Damages on May 23, 2007, and the Order granting Plaintiffs Motion for Special Service o, I May 31, 2007. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order amending the Schedule of Distribution to reflect the payment to Plaintiff in the amount of $55,800.00, and directing the Sheriff to pay Plaintiff the balance of $55,800.00. Respectfully Submitted Phelan Hallinan & Schmieg, LLP Date: September 14, 2007 Michael E. Carleton, Esquire Attorney for Plaintiff nwan & Schmieg, LLP arleton, Esquire 203009 Attorney for Plaintiff 4.;k)ter Plaza, Suite 1400 1 ohra. PA 19102-1799 "?000 ai Mortgage Company, Inc. f/k/a rrsumer Discount Company Court of Common Pleas i hrloint Drive, Building 4, Suite 100 X 75019 Plaintiff Civil Division vs. Cumberland County Al ind s' :rid, a/k/a Amy Rich 06-6603 Civil Term Springs, PA 17065 Defendants BRIEF IN SUPPORT OF PLAINTIFF'S EXCEPTIONS TO DISTRIBUTION o ATAL BACKGROUND !ic Plaintiff is Citifinancial Mortgage Company, Inc., f/k/a Ford Consumer Discount :.. Y [he holder of that certain Mortgage dated September 27, 1995, and recorded September n the Office of the Recorder of Cumberland County at Mortgage Book 1284, Page 234. ?' .. =.rrtierlying loan became delinquent and Plaintiff initiated foreclosure proceedings on : h *1 15, 2006. Plaintiff obtained a Default Judgment, against Defendants on March 13, the amount of $44,321.68. On May 23, 2007, this Honorable Court entered an Order a r; damages in the amount of $48,770.36. On August 8, 2007, the premises located at 313 Zion Road, Mount Holly Springs, PA 17065, (hereinafter "Property") Mount Holly Springs, Holly Spings Township, Cumberland County, PA 17065, Parcel Number 40-31-2185-26, was sold at the Cumberland County Sheriff` Sale pursuant to a Writ of Execution issued out of the captioned case. The Property was struck down to a third-party bidder for the amount of $60,000.00, at the August 8, 2007, Cumberland County Sheriff Sale. On or about September 7, 2007, in accordance with Pa. R.C.P. 3136(d), t % Cumberland County Sheriff provided Plaintiff with a copy of its Proposed Schedule of Distribu Or , which distribution listed the Plaintiff as receiving $49,123.16. Since the entry of Default Judgment, Plaintiff has expended additional sums including taxes, property maintenance fees, and insurance premiums, relative to the Property to protect its collateral. The total debt owed to Plaintiff at the time of the Sale was $55,800.00, the amount Plaintiff bid at sale. Plaintiff is requesting that the Proposed Schedule of Distribution by amended to reflect payment to Plaintiff in the amount of $55,800.00. The sheriff has funds available to pay tl-?e amount Plaintiff is seeking. II. LEGAL AUTHORITY Pennsylvania Rule of Civil Procedure 3136(d) allows a party to file Exceptions to the Sheriff's proposed Schedule of Distribution within ten days of the date of posting of the prop,,.?.c,_! schedule. In the instant case, Plaintiff has filed timely exceptions. The Superior Court of Pennsylvania held in the case of Extraco Mortgage v. Williams, 2002 Pa. Super. 246, 805 A.2d 543 (Pa. Super. 2002), that payments for taxes and insurance, and through implication, other costs collectable under the Note and Mortgage, made by a se?ia lienholder following the entry of default judgment on its Mortgage, relate back to the da!'., 'lie priority. nstant matter, Plaintiff has expended additional sums, including taxes, property ;es, and insurance premiums, relative to the Property to protect its collateral which o the benefit of all parties. In accordance with the holding in Extraco Mortgage, , : ants are recoverable upon the distribution of sale proceeds and take priority over any 1wed to junior lienholders. Additionally, this Court has plenary power to administer equity in cases under its on according to well settled principles of equity jurisprudence. Cheval v. City of i:dnd, 116 Pa. Super. 101, 176 A. 779 (Pa. Super. 1935). Moreover, it is well settled that . . 3 scan to a liberal exercise of the equity power without encouraging technical niceties ,des of procedure and forms of pleading. Gunnett v. Trout, 380 Pa. 504, 112 A.2d 333 laintiff submits that this Court should exercise its equity and discretion to allow the k:veptions to be heard as it was promptly filed in anticipation of the distribution of "sale in this matter and the sums expended inured to the benefit of all parties ,' 1 lEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order ,iistribution to the executing Plaintiff in the amount of $55,800.00. Respectfully Submitted Phelan Hallman & Schmieg, LLP ,?:ptember 14, 2007 By: Michael E. Carleton, Esquire Attorney for Plaintiff ?xxiBlT A -•v ? ? ?.v .?. ? rrt- vvvy vv... ?a ?.. 11 • VV • '(V -rV okM(Lr C MORTGAGt p4is MORTOAOL antorod into on 00!27195 , bat ft*p JAY R. HOLLAND AMO AW J. HOLLAND o1 21) 2194 ttDAD MT NILLY WRIKU. PA 11907 hafabb saR.d Ydengatora, sad FORD CONSUMER 015COUMI COWANY , • 4EM WK oorwalion Mnnng an 0111" and puss d bvah ass at: 72to TKUIW DRIVE SUITE 101 BEWSALEM. PA 10020-2032 hwabl9WW •Mwsgpoass. tillflflaE=SETH, dial to esoure wmont by Ma 141 of a Neu dated the some es this Mluspags in Iho sum 91 S 41,54.00 , tegatb.r wild informtat the sob shied In the Nosy MwVgpot dose by "sr pru"mt..*IL grant and ewMV b Mo. w"& AIL the 1*11.60 6.1.d vast *.let* sbutrud M tie TIaNShIP of NT OUT SMINK count, at CUll"ANO Ca.nmomessnh of IS.....yNwia. do"Wibed as wwwo: a SLE E21IIIIIT A ATTACHES HM79, INCORPORATED 1KRCIN AND MASC A PART HEREOF. YOGETNFA aAlls.dl Ilan bulldinga aid 4nproftnow- S thaaon snd eddilloormill ailaallum lfberosy irn.IVdlrlg all slhyr. P.saawwaw, duht a 11wb*06 p"Wolim. hafedi-se and appuvtaaaaaaa vv1b./•sav.r tharwews MlovgiKp, of wwrt.iwtna hera:r milled the 'Merigaged PntltblW TO HAVE /1RIEl YO NOW flee Mortgaged Premise. horebv ganwd and oorway.d wlto Merloag+e. to and for the use end bohoof of Mortyrp«, hs suows.om end saalwno, forever. THIS MORYGAMIS MADE auh; mt b Ifu Me&WAU a .dbww and Mortg•gar sews. 1, Mervow will main aN parmams « Me dan dove thereof died Podann all otwr obligations as fetit.b w or PrOW&W hneb end h Now Male. 2. Morbaw wN1 pay when duo all u*m dad assessment. levied or mood led agah•st said rramlass or 2. M"sgsr will tn?•P Ow h rwrtw on amid prw-nv oenwundy iawwad opokst fire and olhor ...h hass.de. In auah owtwnt"vr1a1 stash asrde" as Mattbepoa due pop"". wins *00. N any. payable Is meaveg« as (ta Ww-..t "'say straw. A. Mstlgager will naidllr aotsnA nor wAlar may strip. Masc. impeirerAnt or dolariwetion of III. R5001010ad Prtwll..%and vdd maknelft sha astir in good order saw *"air_ S, In she ayapt *a Merlo"or spa. apnm to salt oor%wM aeelaaa or 4anew *a Mea4aa•at Pfamla.o. ad wlWodons 1aa msd by tie Mwwwe *4 bs ootM due and Payable at the opdoR of she Mwlgapoe. 5. Ill Ow plea M Mortimer dabaullr In the moWng of saw PayrnenWds A" Payable under add Now or In tie Mwpino and Performance W Morspagort of any of tie onnolldo.r p owi& w m of tlwa Maddoge or said NOB, MOfigewas shad be Nodded 10 Vw fNda• wwf and preRb from the 161"aged P..mlaaa and MorVapao may fatlrwith bainp on Aofion of Mortoage PON0010sum here" or Its/11WOO other forad«YN peoaellfmo upon We Merv-go end ably Premed Y Polorweid and otcaeution to renewer the belrroa Awe an mid Neu and any edasr ow" *41 malt M dw dwwunder, inel"rm remonobla aooreet/s fore. tool of wit am w0ab.d wig. ail as Mowed by law. dlg.ah.e M* 4.tar.st err 0dow"m Vasil the fed) ""awn duo Morbspee N Paid 7, M sftn event of d.dwA or , poo Aba sJmmsnt of gas Merlpysd Pw imL VW Wloftgagae, in person p gale of Inn p apww kw*m aq Mon part dew, my ft" 994996a by Ih?' aid a seems Ow OPPliad *at to PWVfa t of tie dOM of men4gamand of the praparry. +dl.vra n«iamti. end reeeonsWo aMwPWm f«ti dad than to go caret soared by the MorlDstM- OU7 PROVIDED ALWAYS. THAT W NkmVep w do" pay or oswo thi? AAarteage oval the debt hereby eeeumd sp be evefull on We 6W ond in " momw provided In mid Now 1hon We n and d iownipa and baoome wokt a wddng h"n IM owabray nrosp.p. end the awn. bar.r wrested .hill in ewMalandlnR The oor+nant• h«ain sanialawd'.heM Wr,4 and tie Wt.Mo and a#*6n"a ¦1.01 bwn to the M1opooWw hart, ammurary mdMMistrawA, aua.asma, and welpm of the partlaa horeta. V&oh~ ua4 the al g nambw shad ieahrds tna pleat the pluw tha dadular. and the urea of any pander aMd be epplloeyls to all gendare. P¦ymsat of this Mortgeoo IN a~ to the u1me end postman of sold NOq of wva• dot. batwgen Marep.per and Mortpa0ae, IN.WRNESR IMIFAFAF. the ufd Martgagar. have signed %Me Morlgava with ".I(.) NX-d, .n the date brat b v. wen n. . 1 d S. end Iy.r.d In the foie of: L x UIRwtNe x 047rj J. . gy'2.X ? wltna.. ART J. R COUNTY OF on W. _ M bmfwe me, a Newry hrb%% v..,a same sa be nrow494 as much. WITNESS my he sfoneald.M y t-mlaai.n t bM t Nlf2l A7000071 AarwPogo T of 2 1%. eo1 and d. W. and da.ifad 11111 r l)? Notary Public M1284 PAtE 234 7) N • A U F+• i V f i f -OJ f -T 1j vv?J vv... VV --- - - _ rte.. r_ AXA, 1•MA? CZWKIP tract of ]•f nd with the improvamante thmteOn eraoted, situate in south M14dlaton Township, Cuwb*rland County, Pennsylvania, bounded and dascelbotl as followr: on the north by land now or formerly of Yamen T. Spans. now or rarely of Paul MurtpLfl on the NANt by the Public Road leading from mount Nolly Springs to Mt. Sion, also k wwn no Mountain Stioet Extendeds on the south by land now or formerly or U.J. shes'fman, nov or formerly of Jamas T. Spence, now or formerly of Paul Murtorf. )L%VX80 h frontage of do feet and extending 363 feet' In depths vantaining one-half ('l/2) scral and being improver) with o two- story frame dwellintl house. ; G1 PoffrbvtwnSi SS of D*" :? v- th . M lii I H' f - Q r p n s or •b 4W ` 1"d Countl - 4 r-- 4 Pooa 4 - ? _ ? 4 o1y s.a sl to PA 1C d ". TW-jLp84 rmtt 2318 JI. ?, Js -' ;: . ?' ?Y ?.: ?. ??. ?: t EXf?IBIT 1? LINAN & SCHMIEG, LLP PHELAN, ESQ., Id. No. 32227 i'ALLINAN, ESQ., Id. No. 62695 . ,'.NTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF 11A, PA 19103 :. 000 143826 i JANCIAL MORTGAGE COMPANY, INC., F/K/A COURT OF COMMON PLEAS i CONSUMER DISCOUNT COMPANY s ;,?{?RTHPOINT DRIVE CIVIL DIVISION ' ) 114G 4, SUITE 100 TERM t''LL, TX 75019 ?- Plaintiff NO. OL Umt')3 t_ l U t (, CUMBERLAND COUNTY f t HOLLAND ?1 l? 11 5 OAR HOLLAND A MY RICH t3 ROAD r,a t ' Y HOLLY SPRINGS, PA 17065 A Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE co You have been sued in court- If you wish to defend against the claims set forth in the following must take action within twenty (20) days after this complaint and notice are served, by Britten appearance personally or by attorney and filing in writing with the court your defenses v, to the claims set forth against you. You are warned that if you fail to do so the case may ithout you and a judgment may be entered against you by the court without further notice for y claimed in the complaint or for any other claim or relief requested by the plaintiff. You may t=v or property or other rights important to you. >'; }LJ SHOULD TAKE THIS PAPER TO YOUR LAWYER -AT ONCE. IF YOU DO NOT HAVE A a<, t_iO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU :4 FORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE till INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE S AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association We hereby Certify 32 South Bedford Street Carlisle, PA 17013 to be 8 trUe 41W SKEASE REAMN (800)990-9108 C017M COpy Of akjkW M01 of rmrd .. IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 143826 1. Plaintiff is CITIFINANCIAL MORTGAGE COMPANY, INC., F/K/A FORD CONSUMER DISCOUNT COMPANY 1111 NORTHPOINT DRIVE BUILDING 4, SUITE 100 COPPELL, TX 75019 2. The name(s) and last known address(es) of the Defendant(s) are: JAY B. HOLLAND AMY J. HOLLAND A/IVA AMY RICH 313 ZION ROAD MOUNTY HOLLY SPRINGS, PA 17065 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 09/27/1995 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder Of CUMBERLAND County, in Book: 1284, Page: 234. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2006 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. File q: 143826 Flowing amounts are due on the mortgage: Principal Balance $38,302.87 Interest 2,107.80 06/01/2006 through 11/13/2006 (Per Diem $12.70) Attomey's Fees 1,250.00 Cumulative Late Charges 0.00 09/27/1995 to 11/13/2006 Cost of Suit and Title Search 550.00 Subtotal $ 42,210.67 Escrow Credit 0.00 Deficit 1,095.01 Subtotal $ 1,095.01 TOTAL $ 43,305.68 h, attorney's fees set forth above are in conformity with the mortgage documents and Sylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If ?i.irtgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. k: •:. Of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency 4.istance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as ;aired by the mortgage document, as applicable, have been sent to the Defendant(s) on the . t set forth thereon, and the temporary stay as provided by said notice has terminated because i<-Iwidant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit tinseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance . _aKE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of t S together with interest from 11/13/2006 at the rate of $12.70 per diem to the date of n d other costs and charges collectible under the mortgage and for the foreclosure and sale of °d property. PHEL LINAN & SCSHMIEG, LLP V t By_ /s/Francis S. Hallinan L CE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in South Middletown Township, Cumberland County, Pennsylvania, bounded and described as follows: On the North by land now or formerly of James T. Spence, now or formerly of Paul Murtoff; on the East by the Pub! is Road leading from Mount Holly Springs to Mt. Zion, also known as Mountain Street Extended; on the South by land nc,.?, or formerly of H.J. Sherman, now or formerly of James T. Spence, now or formerly of Paul Murtoff. HAVING a frontage of 60 feet and extending 363 feet in depth; containing one-half (1/2) acre; and being improved with a two-story frame dwelling house. BEING the same premises that Gertie Mae McLaughlin, widow; Kathleen M. Leib and Lee M. Leib, her husband; John S McLaughlin and Geraldine A. McLaughlin, husband and wife; Reba M. Weary and Russell Weary, her husband; Haze,! M. Cline and Russell Cline, her husband; Ralph C. McLaughlin and Dorothy G. McLaughlin, husband and wife; Verna M. McCauslin and Fred McCauslin, her husband; Marie M. Cvetko and Joseph Cvetko, her husband; Ruth M. Shenk ana Paul J. Shenk, her husband; Marlin McLaughlin and Conevieve McLaughlin, husband and wife; Carl A. Goodling and Alfaretta T. Goodling, husband and wife; Evelyn G. Long and Raymond Long, her husband; Robert C. Goodling and Lillie R. Goodling, husband and wife, Margaret G. Verow and Edward H. Verow, her husband, by their deed dated tlic. 10th day of December, 1962, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book'V', Volume 320 Page 136, granted and conveyed unto Irvin P. Baer and Emma Mae Boo- PREMISES BEING 313 ZION ROAD File N. 143826 F NCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAUgTIFF ;-titter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not e Wed within the time allowed for the filing on the pleading, that he is authorized to make this aon pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil 1 ? Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and alt to the best of his knowledge, information and belief. Wrstgned understands that this statement is made subject to the penalties of 18 Pa. C.S. 104 relating to unsworn falsification to authorities. 1) ?g?- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff E 3 G k EXHIBIT C N AN & SCHMIEG, L.L.P. `-CHMIEG fi ass,w r v, 62205 R fr, . <;ev (to Plaintiff XI'ER AT SUBURBAN STATION G F i KENNEDY BLVD., SUITE 1400 N J, 'F0A, PA 19103-1814 J0-'-,'f4 , " 1.4 L MORTGAGE COMPANY, INC., WK/A f'ORD CONSUMER DISCOUNT COMPANY 1111NORTIIPOINT DRIVE BUILDING 4, SUITE 100 COPPELL, TX 75019 Plaintiff, V. JAY HOLLAND AMY HOLLAND A77r0MET FILCOSERB CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6603 CIVIL TERM MOWN "17' Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO q ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: c ; Y. Kindly enter an in rem judgment in favor of the Plaintiff and against JAY H(J" an AMY HOLLAND, Defendant(s) for failure to file an Answer to Plaintiffs ComplaA ?WithiA 20 c from service thereof and for Foreclosure and Sale of the mortgaged premises, and asseso Plaintiff. damages as follows: W -` As set forth in Complaint $43,305.68 4VT Interest from 11/14/06 to 02/02/07 $1,016.00 ' TOTAL $44,321.68 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. r)wwj, 6 - DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 143826 PRO PROTHY J s, EXHIBIT D MAY 1 8 200? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA xu ial Mortgage Company, Inc., Court of Common Pleas f !grid Consumer Discount Company Plaintiff Civil Division : Cumberland County d1and Aii,uid Rich Defendants : No. 2006-6603-Civil Term ORDER fyj 4 v D NOW, this day o fERED 007, upon consideration of Plaintiff s }.take Rule Absolute, it is hereby and DECREED, that the Rule entered ,r:_Fant shall be and is hereby made absolute; and Plaintiffs Motion to Reassess =,%i in the above captained matter is hereby GRANTED. The Prothonotary is ordered to l,,;. judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: nricipal Balance $38,302.87 s ., n (., pest Through 6/13/07 6,307.14 k' i 1-diem $12.70 f ate Charges 0.00 a1 fetes 1,675.00 Of Suit and Title 1,390.34 ?tfc riffs Sale Costs 0.00 krroperty Inspections 0.00 ;. praisal/Brokers Price Opinion 0.00 s.gage his. Premium/Private Mortgage Ins. 0.00 Non-Sufficient Funds charge) 0.00 1y38Mb Suspense/Misc. Credits Escrow Deficit TOTAL 0.00 1.095.01 $48,770.36 Plus interest from 6/13107 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. 143826 EXHIBIT E SCHEDULE OF DISTRIBUTION SALE NO. 93 Date Filed: September 07, 2007 Writ No. 2006-6603 Civil Term Citifinancial Mortgage Company, Inc VS Jay Holland and Amy Holland 313 Zion Road Mt. Holly Springs, PA 17065 Sale Date: August 08, 2007 Buyer: James L. Adams Bid Price: $60,000.00 Real Debt Interest Attorney Writ Costs Misc. Costs Escrow Deficit Total: f/k/a Ford Consumer Discount Company $38,302.87 6,659.94 1,675.00 1,390.34 1,095.01 $49,123.16 per order of court on May 23, 2007 DISTRIBUTION: Receipts: Cash on account (03/15/2007): Cash on account (08/08/2007): Cash on account (08/24/2007): $ 1,500.00 6,000.00 56,916.18 Total Receipts: $64,416.18 Otibnrsements: Sheriffs Costs $2,119.08 Legal Search 300.00 Transfer Tax, Local 708.09 Transfer Tax, State 708.09 Cumberland County Tax Claim 790.92 Judy Campbell, Tax Collector 818.72 Attorney Daniel Schmieg 1,500.00 Citifinancial Mortgage Company, Inc. 49,123.16 Jay Holland and Amy Holland 8,348.12 Total Disbursements: ($64,416.18) Balance for distribution: 0.00 So Answers: R. Thomas Kline Sheriff VERIFICATION I, Michael E. Carleton, Esquire, hereby state that I am the attorney for the Plaintiff herein and am authorized to make this verification. I hereby verify that the information contained in Plaintiff's Exceptions to Sheriff's Sale Distribution Pursuant to Pa.R.C.P., 3136(d) is true and correct to the best of my knowledge, information and belief. I am aware that this verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Respectfully Submitted Phelan Hallinan & Schmieg, LLP Date: September 14, 2007 BY: Michael E. Carleton, Esquire Attorney for Plaintiff Phe',oi Hallinan & Schmieg, LLP Bv. ' 4ichael E. Carleton, Esquire At t .?. s .1). No. 203009 Case Penn Center Plaza, Suite 1400 P1; , Jc lphia, PA 19102-1799 (?1-) 563-7000 ( It : ! financial Mortgage Company, Inc. f/k/a Ford Consumer Discount Company 1111 Northpoint Drive, Building 4, Suite 100 Coppell, TX 75019 Plaintiff Attorney for Plaintiff : Court of Common Pleas : Civil Division vs. Cumberland County Jay B. Holland Amy J. Holland, a/k/a Amy Rich 313 Zion Road 06-6603 Civil Term Mount Holly Springs, PA 17065 Defendants CERTIFICATE OF SERVICE I hereby certify a true and correct copy of the foregoing Exceptions to Sheriff's Sale Distribution was served by regular mail on: Jay B. Holland Amy J. Holland, a/k/a Amy Rich 313 Zion Road Mount Holly Springs, PA 17065 Jay B. Holland Amy J. Holland, a/k/a Amy Rich P.O. Box 7210 Norco, CA 92860 Jay B. Holland Amy J. Holland, a/k/a Amy Rich 34 Trine Avenue Mount Holly Springs, PA 17065 Pennsylvania Housing Finance Agency 211 N. Front Street P.O. Box 15530 Harrisburg, PA 17105-5530 Date: September 14, 2007 R. Thomas Kline Sheriff of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17103 Tenants/Occupant 313 Zion Road Mount Holly Springs, PA 17065 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Respectfully Submitted Phelan Hallinan & Schmieg, LLP By: Michael E. Car eton, Esquire Attorney for Plaintiff EXHIBIT ?' AMENDED SCHEDULE OF DISTRIBUTION SALE NO. 93 'Wptember 26, 2007 6603 Civil Term tAortgage Company, Inc. f/k/a Ford Consumer Discount Company Rai and Amy Holland Road Springs, PA 17065 August 08, 2007 James L. Adams $60,000.00 Writ Costs Wit r i UTION: $38,302.87 6,659.94 1,675.00 1,390.34 1,095.01 $49,123.16 per order of court on May 23, 2007 O c ceipts: Cash on account (03/15/2007) Cash on account (08/08/2007) Cash on account (08/24/2007) $ 1,500.00 6,000.00 56,916.18 'T'otal Receipts: $64,416.18 Disbursements: Sheriff s Costs $2,119.08 Legal Search 300.00 Transfer Tax, Local 708.09 Transfer Tax, State 708.09 Cumberland County Tax Claim 790.92 Judy Campbell, Tax Collector 818.72 Attorney Daniel Schmieg 1,500.00 Citifinancial Mortgage Company, Inc. 49,123.16 Pennsylvania Housing Finance Agency 7,875.83 U.S. Treasury Department 472.29 Total Disbursements: ($64,416.18) Balance for distribution: 0.00 So Answers: R. Thomas Kline Sheriff VERIFICATION I, Michael E. Carleton, Esquire, hereby state that I am the attorney for the Plaintiff herein and am authorized to make this verification. I hereby verify that the information contained in Plaintiff's Exceptions Pursuant To Pa. R.C.P. 3136(d) To Amended Schedule Of Distribution Of Sale No. 93 Held On August 8, 2007 is true and correct to the best of my knowledge, information and belief. I am aware that this verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Respectfully Submitted Phelan Hallinan & Schmieg, LLP Date: By: 1 Michael E. Carleton, Esquire Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP By: Michael E. Carleton, Esquire Atty. I.D. No. 203009 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Citifinancial Mortgage Company, Inc. f/k/a Ford Consumer Discount Company 1111 Northpoint Drive, Building 4, Suite 100 Coppell, TX 75019 Plaintiff VS. Jay B. Holland Amy J. Holland, a/k/a Amy Rich 313 Zion Road Mount Holly Springs, PA 17065 Defendants I hereby certify a true and correct copy of the foregoing Plaintiff's Exceptions Pursuant To Pa. R.C.P. 3136(d) To Amended Schedule Of Distribution Of Sale No. 93 Held On August 8, Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County : 06-6603 Civil Term CERTIFICATE OF SERVICE 2007 was served by regular mail on: Jay B. Holland Amy J. Holland, a/k/a Amy Rich 313 Zion Road Mount Holly Springs, PA 17065 Pennsylvania Housing Finance Agency 211 N. Front Street P.O. Box 15530 Harrisburg, PA 17105-5530 U.S. Treasury Department c/o Internal Revenue Service Federated Investors Tower Thirteenth Floor Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 R. Thomas Kline Sheriff of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17103 Tenants/Occupant 313 Zion Road Mount Holly Springs, PA 17065 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 cations of o t ounty over Street Carlisle., (A, 17013 Date: Respectfully Submitted Phelan Hallinan & Schmieg, LLP By: Michael E. Carleto , squire Attorney for Plaintiff n r, % r-. f L1 } Q _.n i n i ?O --C Phelan Hallinan & Schmieg, LLP By: Michael E. Carleton, Esquire Atty. I.D. No. 203009 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Citifinancial Mortgage Company, Inc., f/k/a Ford Consumer Discount Company Court of Common Pleas 1111 Northpoint Drive, Building 4, Suite 100 Coppell, TX 75019 Plaintiff Civil Division vs. Cumberland County Jay B. Holland Amy J. Holland, a/k/a Amy Rich 313 Zion Road 06-6603 Civil Term Mount Holly Springs, PA 17065 Defendants EXCEPTIONS PURSUANT TO PA.R.C.P. 3136(d) TO AMENDED SCHEDULE OF DISTRIBUTION OF SALE NO. 93 HELD ON AUGUST 8, 2007 And now comes Plaintiff, Citifinancial Mortgage Company, Inc., f/k/a Ford Consumer Discount Company by and through its counsel, Phelan Hallinan & Schmieg, LLP, and prays that this Honorable Court grant Plaintiff s Exceptions Pursuant To Pa. R.C.P. 3136(d) To Amended Schedule Of Distribution Of Sale No. 93 Held On August 8, 2007 for the following reasons: 1. The Plaintiff is Citifinancial Mortgage Company, Inc., f/k/a Ford Consumer Discount Company, the holder of that certain Mortgage dated September 27, 1995, and recorded September 28, 2007, in the Office of the Recorder of Cumberland County at Mortgage Book 1284, Page 234, which is a valid lien on the property located at 313 Zion Road, Mount Holly Springs, Holly Springs Township, Cumberland County, PA 17065, Parcel Number 40-31-2185-026 (hereinafter "Property") the collateral for the underlying loan. (hereinafter "Mortgage") A true and correct copy of the Mortgage is attached hereto, made a part hereof, and marked as Exhibit "A". 2. The underlying loan became delinquent and Plaintiff initiated foreclosure proceedings on November 15, 2006. Attached hereto, made a part hereof and marked as Exhibit "B" is a true and correct copy of the Complaint in Mortgage Foreclosure. 3. Plaintiff obtained a Default Judgment against Defendants on March 13, 2007, in the amount of $44,321.68. Attached hereto, made part hereof, and marked as Exhibit "C" is a true and correct copy of the Praecipe for Default Judgment. 4. On May 23, 2007, the Honorable J. Wesley Oler, Jr. entered an Order reassessing damages in the amount of $48,770.36. Attached hereto, made part hereof and marked as Exhibit "D" is a true and correct copy of the May 23, 2007 order. 5. On August 8, 2007, the property was sold at the Cumberland County Sheriff's Sale pursuant to a Writ of Execution issued out of the above captioned case. 6. The Property was struck down to a third-party bidder for the amount of $60,000.00, at the August 8, 2007, Cumberland County Sheriff Sale. 7. On or about September 7, 2007, in accordance with Pa. R.C.P. 3136(d), the Cumberland County Sheriff provided Plaintiff with a copy of its proposed Schedule of Distribution, which listed the Plaintiff as receiving $49,123.16. Attached hereto, made a part hereof and marked as Exhibit "E"' is a true and correct copy of the Sheriff's Schedule of Distribution. 8. Plaintiff filed Exceptions to Sheriff's Sale Distribution on September 18, 2007, and same are pending before this Honorable Court. A true and correct copy of Plaintiff s Exceptions are attached hereto, made part hereof, and marked as Exhibit "F." 9. The Sheriff issued an Amended Schedule of Distribution on September 26, 2007 without amending the amount to be distributed to Plaintiff. A true and correct copy is attached hereto, made part hereof, and marked as Exhibit "G." 10. Since the entry of Default Judgment, Plaintiff has expended additional sums including taxes, property maintenance fees, and insurance premiums, relative to the Property to protect its collateral. 11. The Sheriff's Amended Schedule of Distribution does not reflect the proper amount due to the Plaintiff. 12. The total debt owed to Plaintiff at the time of the Sale was $53,175.00, the amount Plaintiff bid at sale. 13. According to Extraco Mortgage v. Williams, 2002 Pa. Super. 246, 805 A.2 d543 (2002), amounts expended by Plaintiff to protect its collateral since the time of default judgment are recoverable and relate back to the date of the mortgage for priority. 14. Plaintiff prays that the proposed Schedule of Distribution be amended to reflect payment to Plaintiff the amount of $53,175.00. The sheriff has funds available to pay the amount Plaintiff is seeking. 15. Plaintiff requests this Honorable Court enter an Order directing the Sheriff to pay Plaintiff the balance due as follows: Principal: $ 38,302.87 Interest: $ 6,307.14 Escrow $ 1,095.01 Corporate Advance $ 5,969.98 Sheriff's Deposit $ 1,500.00 Balance due: $ 53,175.00 16. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its Exceptions to Sheriff's Amended Sale Distribution to all interested parties on 3129.2 on October 4, 2007 and requested the interested parties' concurrence. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order amending the Schedule of Distribution to reflect the payment to Plaintiff in the amount of $53,175.00, and directing the Sheriff to pay Plaintiff the balance of $53,175.00. lv S tc_. Date: Respectfully Submitted Phelan Hallinan & Schmieg, LLP Michael E. Carleton, Esquire Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP By: Michael E. Carleton, Esquire Atty. I.D. No. 203009 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Citifinancial Mortgage Company, Inc. f/k/a Ford Consumer Discount Company Court of Common Pleas 1111 Northpoint Drive, Building 4, Suite 100 Coppell, TX 75019 Plaintiff Civil Division VS. Cumberland County Jay B. Holland Amy J. Holland, a/k/a Amy Rich 313 Zion Road 06-6603 Civil Term Mount Holly Springs, PA 17065 Defendants BRIEF IN SUPPORT OF PLAINTIFF'S EXCEPTIONS PURSUANT TO Pa. R.C.P. 3136(d) TO AMENDED SCHEDULE OF DISTRIBUTION OF SALE NO. 93 HELD ON SEPTEMBER 26, 2007 1. FACTUAL BACKGROUND The Plaintiff is Citifinancial Mortgage Company, Inc., f/k/a Ford Consumer Discount Company the holder of that certain Mortgage dated September 27, 1995, and recorded September 28, 1995, in the Office of the Recorder of Cumberland County at Mortgage Book 1284, Page 234. The underlying loan became delinquent and Plaintiff initiated foreclosure proceedings on September 15, 2006. Plaintiff obtained a Default Judgment, against Defendants on March 13, 2007, in the amount of $44,321.68. On May 23, 2007, this Honorable Court entered an Order reassessing damages in the amount of $48,770.36. On August 8, 2007, the premises located at 313 Zion Road, Mount Holly Springs, PA 17065, (hereinafter "Property") Mount Holly Springs, Holly Springs Township, Cumberland County, PA 17065, Parcel Number 40-31-2185-26, was sold at the Cumberland County Sheriffs Sale pursuant to a Writ of Execution issued out of the captioned case. The Property was struck down to a third-party bidder for the amount of $60,000.00, at the August 8, 2007, Cumberland County Sheriff Sale. On or about September 7, 2007, in accordance with Pa. R.C.P. 3136(d), the Cumberland County Sheriff provided Plaintiff with a copy of its Proposed Schedule of Distribution, which distribution listed the Plaintiff as receiving $49,123.16. Plaintiff filed Exceptions to Sheriff's Sale Distribution on September 18, 2007, and same are pending before this Honorable Court. The Sheriff issued an Amended Schedule of Distribution on September 26, 2007 without amending the amount to be distributed to Plaintiff, which listed the Plaintiff as receiving $49,123.16, but distributing the remainder of proceeds available to the Pennsylvania Housing Finance Agency and U.S. Treasury Department. The Sheriff's Amended Schedule of Distribution does not reflect the proper amount due to the Plaintiff. Since the entry of Default Judgment, Plaintiff has expended additional sums including taxes, property maintenance fees, and insurance premiums, relative to Property to protect its collateral. The total debt owed to Plaintiff at the time of the Sale was $53,175.00, the amount Plaintiff bid at sale. Plaintiff is requesting that the Proposed Schedule of Distribution by amended to reflect payment to Plaintiff in the amount of $53,175.00. The sheriff has funds available to pay the amount Plaintiff is seeking. lI. LEGAL AUTHORITY Pennsylvania Rule of Civil Procedure 3136(d) allows a party to file Exceptions to the Sheriff's proposed Schedule of Distribution within ten days of the date of posting of the proposed schedule. In the instant case, Plaintiff has filed timely exceptions. The Superior Court of Pennsylvania held in the case of Extraco Mortgage v. Williams, 2002 Pa. Super. 246, 805 A.2d 543 (Pa. Super. 2002), that payments for taxes and insurance, and through implication, other costs collectable under the Note and Mortgage, made by a senior lienholder following the entry of default judgment on its Mortgage, relate back to the date of mortgage for the priority. In the instant matter, Plaintiff has expended additional sums, including taxes, property maintenance fees, and insurance premiums, relative to the Property to protect its collateral which have inured to the benefit of all parties. In accordance with the holding in Extraco Mortgage, these amounts are recoverable upon the distribution of sale proceeds and take priority over any amounts owed to junior lien holders. Additionally, this Court has plenary power to administer equity in cases under its jurisdiction according to well settled principles of equity jurisprudence. Cheval v. Cites Cumberland, 116 Pa. Super. 101, 176 A. 779 (Pa. Super. 1935). Moreover, it is well settled that Courts will lean to a liberal exercise of the equity power without encouraging technical niceties in the modes of procedure and forms of pleading. Gunnett v. Trout, 380 Pa. 504, 112 A.2d 333 (Pa. 1955). Plaintiff submits that this Court should exercise its equity and discretion to allow the instant Exceptions to be heard as it was promptly filed in anticipation of the distribution of proceeds of sale in this matter and the sums expended inured to the benefit of all parties involved. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order directing distribution to the executing Plaintiff in the amount of $53,175.00. Respectfully Submitted Phelan Hallinan & Schmieg, LLP Date: By: Michael E. Carleton, Esquire Attorney for Plaintiff EXHIBIT A ?..iArn-ou r1 f 00f-TJTIJ P• 10 ? !(v MORTGAGE THIS MORTGAGE, entered int. On 09127195 . bowmp JAY S. HOLLAND ARD AMY J. HOLLAltl11 of 31) 210" ROAD KT HOLLY SFMIN02. IA 17005 h.wln oA.d 4d«,P,yar, no FORD COMM DISCOW7 C0WANY AD YORK oe(lp.ration WMna an M laa end plaaa of bv.lhaa at ? ?S?UITE 101 0EHSAI.M. PA 16020-2032 32M TILIJLUDRIVE hwaln eeM?'Mor%P"&e. . VATNESSUM that to semrs Dwmant by M¦rt0¦ w of ¦ Noto doted 1M name ne this Iftrt0ape in 111t own 91 grant and tpn¦y to Mergle0¦i ALL the following dseerlbad reel notate altP¦pd in tat TOMNSHIP of dananbw as faDenN: SEE EXHIBIT A ATTACHED KRE70, IRCOIIpORATEO HEREIN AND NARK A FART HUM. S 0,111 b, DD , teP.d,.r vrid• int.r.at ¦t 1M t.t. rGt.d In the Nob, MtlrlvavOf dean by thew p¦e¦nb wD, KY N6LLy sIMINDC , t.ounty of CNBERLAMD C.n+menw¦ahh of PanmylVenla. YOGETIiB1 wMh o" Yre lwlWin0a slid jmproll¦m.ner tMraon and eddfllarr and altand¦n¦ tna.eta, nwludhlg an ehay., wa••vew¦re, fights, tlbertioA Fn?A•0m NsrodltanlM?a end ¦pPWt•nenoN wh¦t.P..•r dtoretrrtao bal¦rginP, or .oyardinind, harem a¦Ilad tl.e '11461`211a0ed Pr¦m1..+.' TO HAVE ANP 70 HOLD etle MPltv+v.d P1¦nw¦¦¦ hrlreby Prantad and oenw.y.d 1Nn4o. M•r+wda¦, a and Jar A•. use and bahooJ d IiAertpaP«, NO 611,8000e601¦ end aa¦fOw twwer. 2. Mt¦Ate0or will }ey when dW ON taltee rMtd ¦aaeaMMnte laVted M we"" ¦0•i••t void pr.efhna or 2. Mbft0a0sr vrK{ Wap the imprawmanb on said p.ap.lAy, nen¦Ytt!!Y b•nw¦d ¦p¦lnet fro and Odlar sash all phlid¦Yam pound by We >V1••tr•Y• st•¦11 bwaea due and pq+bl+ at tb. °f?d•a of d¦, MortPep•¦. THIS MORT13waE IS MADE aubj¦d to #.¦ lelbwbq enr,dltiena. clad MatonpM ¦0?eo¦: 1. MartPggr real me4. aD pnro+rk¦ as iM dw der. d+•r•ol and parferm all Other ¦611A¦tbn¦ n ?ooldred or provided hor¦it and In and RIOte, •rtv pelt Wreol•aDd will de".er 1ea¦lpln Olap/srt. 111tv Mort0eoee YPaa r•41•s< 1n¦.rJa. M ..rah ¦rrr•telt std vr101 ar.ah a¦nfarl se Me•b¦Pw ¦6¦ll a?p?aw..vid. Was. N a^l. palyabla do Mert/ePn w H¦ Intrreat otW 4MM• ?{. /d¦rlo¦dof wit) ne"hM 11¦andt 110r au11N oily strip, tNMtn, impelpNanl er dstarwretivn ut ih• M¦nddp.d PretV11..r. and will mdnt¦In t01¦ .rnla in Food ardor end rpair. 6. ti d+e etAant the M¦at660•r care. ¦an.. to ••.M, aanwy¦, awiarta a a0wtN Ifta Mnr1p.0.J Pnmis.e, 6. In the ¦rsnt Ml¦ Molt0lper deMrltr W tl» mddno at any voynnrK dw and pepblo taldor ¦aid AIM. or M the+t..¦Ino end PwMnnww, by Mortpypss of say of tat tVOfldlrarl¦ of etNAanattiiii of We MaAd¦0a amid sbl., AAart0a0e• .hrtl 16. «•dded b 1M hMr, i..ws and proRb IrorH the Merapev¦d Pnmbea and Mortp¦v.a rrl¦y IertMAith I+anO an Avivrt at AAsrt0a0e Fo?.alwwa h•raon or Inathwft ed•¦r taoate¦Yre pr¦v¦dlrga YPOn 1Na Mortpop¦ and m¦1r praossa to Frdpnerrt and a:eanion to na¦wr Me belnrra. due tra wid Note and arty ¦tlrr sump Mat nl¦lf M dw tllalVOnd¦r, in¦Krdin0 naoonobb eltera.V's fe¦¦. --of WiC and ae¦b, ¦f trle. all an ellewad lry law. ta0610¦r Wldl lrtb?eat af1a1 j¦dpnart arnit eh. fill .mount due M.rtv.v.a q paid, %. W etc ¦a.nc of d•Iwlt or upon •t¦rtdenm.rtt 011M h+lnn0av¦d Pnmi¦ew th. fdort0•Y••, in partAtn or lry •vnL .ito1) be entitled to ntrr trp¦ft tetra po...r.a at. NO tilan.9¦ lire ¦lsp.ny. and a aMl.w dto an M Vl• Pa¦•lllr Mldrri:w tlteN poet duo. Any reM/ tlaraotad by the Y¦rtp¦0¦e shah be ¦pp9.d lbat to pa1¦n¦nt of 1M dPab of ntiledan••nl d dra P1Oa•rh. +eKeoti¦n of IaRta, and repaMble ette111¦y a 1eee6 and 1Mn m 7h¦ sV•• e¦aved (y the AA¦AO.pa. DIlT PRCIIADEO ALWAYS. TWAT IF MMy.v¦r do" PW or Daree thin M¦rplpa and the dohs hor¦by MCYRd to M pawl in irll on the dry snrt in the m¦MNf ¦r¦vidad In mid Now than tld. Me?rtPepp.¦ and the e¦laL Irar.l,y yrantad eheil waso laid daMmtlRe and baovrrw void, errythin0 h.reln to t11¦ a+naay noavlMtrndlnp the ¦vv+tlsr?0¦ ?yr.ln ¦¦nWrr¦d PM" Rand, and the l+rl•Ma and •dV•ptoYo¦ ¦I,eH Invn b tits r¦apeotlV¦ beln. orweulon, ¦dmh+ietr¦ton, wasoae¦n. Dad onal¦rra of tlr portion bareb. VldlehsVar seed tat slnolti¦r n¦mbN ¦h¦II itdwis dte Plural, the Plural the elndulM. and the ••.+ of any tland•r nbaN be aPpllabla ¦0 YII oondere. P¦ymert of this Mortgage, In aVyMt to the Mftif¦ end genrltYana of a.h1 NOSa of rev.., d.t. 1»twaan f•brlpa¦or Mid MM'f0¦0a¦r I wIMTNE66 WHEJtEOF, the raid M•rtoa¦rx. N•v ¦ion.d 1Na Ma•tw¦• with wal(ay eNirrad, ¦n the dab filet ¦bev¦ n. S4;k So wi Iver•d h 1M aanw Ot: X whrloss '7,47 -00 x I V% ss. cewMOhnAIEU OP of ? VAMIA COVNIY OF on" 11 rrM to he resettled am ouch. b.rera my • N.u.ry Oubltq o.m. .a , r sot anA d.rd, end daail¦d the ? "• My aa,•r+mbai¦n Wcdfal""?•• plM1?' .?.i NotnyPu.W¦ wRNE6S my tea rAxo00e71 Peas 11 of 7 b-91284 PACE 234 •fhfilm .JUU= L Urir•AU l Qom r -T.7TJ ?r• 1° IIUY r x r tif VO V i i LJN ALL &%A' QLRThXN tract of land With the imp/rovn*nnta tutereon erected, situate in south Middleton Tvvnehip, Cumborland County, Pennsylvania, bounded and described as follows! on the North by land now or rormerly of Yuses T. BIMWo, now or soravrly of Paul Murtoff) on the Ewbt by the Public Road loadino from Mount Holly Springs to Mt. Sion, also known qqa Mountain Street axtondedr on the south by land now or foatern or 1[.J. sberdan, now or farmeriy of Janes T. Spentm, now or formerly of Paul Murtofr. )tf?VXNQ a frontage of 60 toot and extending 962 feet' In depths acntaining one-halt (V2) acral and being improved with a twv- story fXeme dwelling house. .vi Ponntry?rgnii SS •? . VaJ In uwDh1 a in. reoordirw o) D.ut?< i d Cevn m • • ••+ ,{.. J • . ? y t1A of of o )?. ,l im-1294 YgE 236 , r EXHIBIT B PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 143826 CITIFINANCIAL MORTGAGE COMPANY, INC., F/K/A FORD CONSUMER DISCOUNT COMPANY 1111 NORTHPOINT DRIVE BUILDING 4, SUITE 100 COPPELL, TX 75019 Plaintiff V. JAY B. HOLLAND AMY J. HOLLAND A/K/A AMY RICH 313 ZION ROAD MOUNTY HOLLY SPRINGS, PA 17065 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. dtr.. -&&W Cl"tC c? Q Jt1? .'sue. -i t?r4r•? p T ZJ? < -s CUMBERLAND COUNTY f6-ect it(15?W CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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. Lawyer Referral Service Cumberland County Bar Association we tereby Cel'tify 32 South Bedford Street Carlisle, PA 17013' 8 OW (800)990-9108 affm copyal ?A. . Filet: 143826 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 143826 1. Plaintiff is CITIFINANCIAL MORTGAGE COMPANY, INC., F/K/A FORD CONSUMER DISCOUNT COMPANY 1111 NORTHPOINT DRIVE BUILDING 4, SUITE 100 COPPELL, TX 75019 2. The name(s) and last known address(es) of the Defendant(s) are: JAY B. HOLLAND AMY J. HOLLAND A/K/A AMY RICH 313 ZION ROAD MOUNTY HOLLY SPRINGS, PA 17065 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 09/27/1995 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1284, Page: 234. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2006 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. File #: 143826 6. The following amounts are due on the mortgage: Principal Balance $38,302.87 Interest 2,107.80 06101/2006 through 11/13/2006 (Per Diem $12.70) Attorney's Fees 1,250.00 Cumulative Late Charges 0.00 09/27/1995 to 11/13/2006 Cost of Suit and Title Search 550.00 Subtotal $ 42,210.67 Escrow Credit 0.00 Deficit 1,095.01 Subtotal 1.095.01 TOTAL $ 43,305.68 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 43,305.68, together with interest from 11/13/2006 at the rate of $12.70 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHEL LIN??A''N^^& SCSHMIEG, LLP ti?J V By: rancis S. Hallinan L CE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 143826 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in South Middletown Township, Cumberland County, Pennsylvania, bounded and described as follows: On the North by land now or formerly of James T. Spence, now or formerly of Paul Murtoff; on the East by the Public Road leading from Mount Holly Springs to Mt. Zion, also known as Mountain Street Extended; on the South by land now or formerly of H.J. Sherman, now or formerly of James T. Spence, now or formerly of Paul Murtoff. HAVING a frontage of 60 feet and extending 363 feet in depth; containing one-half (1(2} acre; and being improved with a two-story frame dwelling house. BEING the same premises that Gertie Mae McLaughlin, widow; Kathleen M. Leib and Lee M. Leib, her husband; John S. McLaughlin and Geraldine A. McLaughlin, husband and wife; Reba M. Weary and Russell Weary, her husband; Hazel M. Cline and Russell Cline, her husband; Ralph C. McLaughlin and Dorothy G. McLaughlin, husband and wife; Verna M. McCauslin and Fred McCauslin, her husband; Marie M. Cvetko and Joseph Cvetko, her husband; Ruth M. Shenk and Paul J. Shenk, her husband; Marlin McLaughlin and Conevieve McLaughlin, husband and wife; Carl A. Goodling and Alfaretta T. Goodling, husband and wife; Evelyn G. Long and Raymond Long, her husband; Robert C. Goodling and Lillie R. Goodling, husband and wife, Margaret G. Verow and Edward H. Verow, her husband, by their deed dated the 10th day of December, 1962, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book `V', Volume 320 Page 136, granted and conveyed unto Irvin P. Baer and Emma Mae Baer. PREMISES BEING 313 ZION ROAD File #: 143826 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE. 11 13 O EXHIBIT C PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CITIFINANCIAL MORTGAGE COMPANY, INC., F/K/A FORD CONSUMER DISCOUNT COMPANY 1111NORTHPOINT DRIVE BUILDING 4, SUITE 100 COPPELL, TX 75019 Plaintiff, V. JAY HOLLAND AMY HOLLAND AnDRWYFILEColy ?vr S? ER FW CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6603 CIVIL TERM N RR Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO o p ANSWER AND ASSESSMENT OF DAMAGES -?, sue. z f-T _p m 2- F. 1 r --P TO THE PROTHONOTARY: s' <« w i, Kindly enter an in rem judgment in favor of the Plaintiff and against JAY HCRAA140 ani{ AMY HOLLAND, Defendant(s) for failure to file an Answer to Plaintiffs Complaiat ithin20? from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess ML4iff damages as follows: `'"' -` As set forth in Complaint $43,305.68 4gTop Interest from 11/14/06 to 02/02/07 $1,016.00 FILe f TOTAL $44,321.68 .. IW I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 143826 PRO PROTHY EXHIBIT D MAY I8 2WoOf IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Citifinancial Mortgage Company, Inc., Court of Common Pleas F/K/A Ford Consumer Discount Company Plaintiff Civil Division VS. Jay B. Holland Amy J. Holland A/K/A Amy Rich Defendants Cumberland County : No. 2006-6603-Civil Term OR-DER R AND NOW, this ,C' dayo , 2007, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $38,302.87 Interest Through 6/13/07 6,307.14 Per Diem $12.70 Late Charges 0.00 Legal fees 1,675.00 Cost of Suit and Title 1,390.34 Sheriffs Sale Costs 0.00 Property Inspections 0.00 Appraisal/Brokers Price Opinion 0.00 Mortgage his. Premium/Private Mortgage Ins. 0.00 NSF (Non-Sufficient Funds charge) 0.00 iy38Lb Suspense/Misc. Credits Escrow Deficit TOTAL 0.00 1.095.01 $48,770.36 Plus interest from 6/13/07 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. ?W! 143826 EXHIBIT E SCHEDULE OF DISTRIBUTION SALE NO. 93 Date Filed: September 07, 2007 Writ No. 2006-6603 Civil Term Citifinancial Mortgage Company, Inc. f/k/a Ford Consumer Discount Company VS Jay Holland and Amy Holland 313 Zion Road Mt. Holly Springs, PA 17065 Sale Date: August 08, 2007 Buyer: James L. Adams Bid Price: $60,000.00 Real Debt Interest Attorney Writ Costs Misc. Costs Escrow Deficit Total: $38,302.87 6,659.94 1,675.00 1,390.34 1,095.01 cif v r -1 v ty.?'p $49,123.16 per order of court on May 23, 2007 DISTRIBUTION: Receipts: Cash on account (03/15/2007): Cash on account (08/08/2007): Cash on account (08/24/2007): $ 1,500.00 6,000.00 56,916.18 Total Receipts: $647416.18 Disbursements: Sheriffs Costs $2,119.08 Legal Search 300.00 Transfer Tax, Local 708.09 Transfer Tax, State 708.09 Cumberland County Tax Claim 790.92 Judy Campbell, Tax Collector 818.72 Attorney Daniel Schmieg 1,500.00 Citifinancial Mortgage Company, Inc. 49,123.16 Jay Holland and Amy Holland 8,348.12 Total Disbursements: ($64,416.18) Balance for distribution: 0.00 So Answers: R. Thomas Kline Sheriff EXHIBIT F IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY; PENNSYLVANIA Citifinancial Mortgage Company, Inc. f/k/a Ford Consumer Discount Company 1111 Northpoint Drive, Building 4, Suite 100 Civil Division Coppell, TX 75019 Plaintiff vs. Jay B. Holland Amy J. Holland, a/k/a Amy Rich 313 Zion Road 06-6603 Civil Term Mount Holly Springs, PA 17065 Defendants IN RE: EXCEPTIONS OF PLAINTIFF TO SHERIFF'S SALE DISTRIBUTION PURSUANT TO PA. R.C.P. RULE 3166(d) AND NOW, this date of September, 2007, upon consideration of the Plaintiff's Exceptions to Sheriff's Sale Distribution Pursuant to PA. R.C.P. Rule 3136(d), a rule is hereby issued upon Defendants, Pennsylvania Housing Finance Agency, Commonwealth of Pennsylvania, Domestic Relations of Cumberland County, and the Cumberland County Sheriff s Office, to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of the date of this order. BY THE COURT, J. Wesley Oler, Jr., J. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV A. A :? , Citifinancial Mortgage Company, Inc. f/k/a Ford Consumer Discount Company 111 l Northpoint Drive, Building 4, Suite 100 Coppell, TX 75019 Plaintiff Civil Division VS. Jay B. Holland Amy J. Holland, aWa Amy Rich 313 Zion Road Mount Holly Springs, PA 17065 Defendants 06-6603 Civil Term ORDER AND NOW, this day of , 2007, upon consideration of Plaintiff's Exceptions to Sheriff's Sale Distribution Pursuant to Pa. R.C.P. 3136(d), it is hereby: ORDERED and DECREED that said Exceptions are granted and that the Sheriff i?.. hereby directed to issue a revised Schedule of Distribution providing for the balance of the proceeds realized from the Sheriff Sale of the property located at 313 Zion Road, Mount Holk Springs, PA 17065 held on August 8, 2007 be paid first for the taxes and costs as outlined ;,. , proposed Schedule of Distribution, then distribute the sum of $55,800.00 to the executing Plaintiff by and through its attorney, Phelan, Hallinan and Schmieg, LLP. J. Phelan Hallinan & Schmieg, LLP By: Michael E. Carleton, Esquire Atty. I.D. No. 203009 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Citifinancial Mortgage Company, Inc., f/k/a Ford Consumer Discount Company Court of Common Pleas 1111 Northpoint Drive, Building 4, Suite 100 Coppell, TX 75019 Plaintiff Civil Division VS. Cumberland County Jay B. Holland Amy J. Holland, a/k/a Amy Rich 313 Zion Road 06-6603 Civil Term Mount Holly Springs, PA 17065 Defendants EXCEPTIONS TO SHERIFF'S SALE DISTRIBUTION PURSUANT TO PA.R.C.P. RULE 3136(d) And now comes Plaintiff, Citifinancial Mortgage Company, Inc., f/k/a Ford Consumer Discount Companyby and through its counsel, Phelan Hallinan & Schmieg, LLP, and prays that this Honorable Court grant Plaintiff's Exceptions to Sheriff's Sale Distribution of Proceeds for the following reasons: 1. The Plaintiff is Citifinancial Mortgage Company, Inc., f/k/a Ford Consumer Discount Company., the holder of that certain Mortgage dated September 27, 1995, and recorded September 28, 2007, in the Office of the Recorder of Cumberland County at Mortgage Book 1284, Page 234, which is a valid lien on the property located at 313 Zion Road, Mount Holly Springs, Holly Springs Township, Cumberland County, PA 17065, Parcel Number 40-31-2185-026 (hereinafter "Property") the collateral for the underlying loan. (hereinafter "Mortgage") A true and correct copy of the Mortgage is attached hereto, made a part hereof, and marked as Exhibit "A". 2. The underlying loan became delinquent and Plaintiff initiated foreclosure proceedings on November 15, 2006. Attached hereto, made a part hereof and marked as Exhibit "B" is a true and correct copy of the Complaint in Mortgage Foreclosure. 3. Plaintiff obtained a Default Judgment against Defendants on March 13, 2007, in the amount of $44,321.68. Attached hereto, made part hereof, and marked as Exhibit "C" is a true and correct copy of the Praecipe for Default Judgment. 4. On May 23, 2007, this Honorable Court entered an Order reassessing damages in the amount of $48,770.36. Attached hereto, made part hereof and marked as Exhibit "D" is a true and correct copy of the May 23, 2007 order. 5. On August 8, 2007, the property was sold at the Cumberland County Sheriff's Sale pursuant to a Writ of Execution issued out of the above captioned case. 6. The Property was struck down to a third-party bidder for the amount of $60,000.00, at the August 8, 2007, Cumberland County Sheriff Sale. 7. On or about September 7, 2007, in accordance with Pa. R.C.P. 3136(d), the Cumberland County Sheriff provided Plaintiff with a copy of its proposed Schedule of Distribution, which listed the Plaintiff as receiving $49,123.16. Attached hereto, made a part hereof and marked as Exhibit "E"' is a true and correct copy of the Sheriff's Schedule of Distribution. 8. Since the entry of Default Judgment, Plaintiff has expended additional sums including taxes, property maintenance fees, and insurance premiums, relative to the Property to protect its collateral. 9. The total debt owed to Plaintiff at the time of the Sale was $55,800.00, the amount Plaintiff bid at sale. 10. According to Extraco Mortgage v. Williams, 2002 Pa. Super. 246, 805 A.2 d543 (2002), amounts expended by Plaintiff to protect its collateral since the time of default judgment are recoverable and relate back to the date of the mortgage for priority. 11. Plaintiff prays that the proposed Schedule of Distribution be amended to reflect payment to Plaintiff the amount of $55,800.00. The sheriff has funds available to pay the amount Plaintiff is seeking. 12. Plaintiff requests this Honorable Court enter an Order directing the Sheriff to pay Plaintiff the balance due as follows: Principal: $ 38,302.87 Interest: $ 6,307.14 Escrow $ 1,095.01 Corporate Advance $ 5,970.65 Sheriff's Deposit $ 1,500.00 Property Preservation $ 2,719.33 Balance due: $ 55,800.00 13. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion for Exceptions to Sheriff's Sale Distribution to all interested parties on 3129.2 on September 14, 2007 and requested the interested parties' Concurrence. Plaintiff did not receive any response from the interested parties listed on 3129.2. 14. The Honorable J. Wesley Oler, Jr., entered the Order granting Plaintiff's Motion to'.. zy :: Damages on May 23, 2007, and the Order granting Plaintiff's Motion for Special Service , May 31, 2007. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order amending the Schedule of Distribution to reflect the payment to Plaintiff in the amount of $55,800.00, and directing the Sheriff to pay Plaintiff the balance of $55,800.00. Respectfully Submitted Phelan Hallinan & Schmieg, LLP Date: September 14, 2007 ?c Michael E. Carleton, Esquire Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP By: Michael E. Carleton, Esquire Atty. I.D. No. 203009 Attorney for Plaintiff One Penn Center Plaza., Suite 1400 Philadelphia, PA 19102-1799 15) 563-7000 Citifinancial Mortgage Company, Inc. f/k/a Ford Consumer Discount Company Court of Common Pleas 1111 Northpoint Drive, Building 4, Suite 100 Coppell, TX 75019 = Plaintiff Civil Division vs. Cumberland County Jay B. Holland Amy J. Holland, a/k/a Amy Rich 313 Zion Road 06-6603 Civil Term Mount Holly Springs, PA 17065 Defendants BRIEF IN SUPPORT OF PLAINTIFF'S EXCEPTIONS TO DISTRIBUTION L FACTUAL BACKGROUND The Plaintiff is Citifinancial Mortgage Company, Inc., f/k/a Ford Consumer Discount Companythe holder of that certain Mortgage dated September 27, 1995, and recorded September 28, 1995, in the Office of the Recorder of Cumberland County at Mortgage Book 1284, Page 234. The underlying loan became delinquent and Plaintiff initiated foreclosure proceedings on September 15, 2006. Plaintiff obtained a Default Judgment, against Defendants on March 13, 2007, in the amount of $44,321.68. On May 23, 2007, this Honorable Court entered an Order reassessing damages in the amount of $48,770.36. On August 8, 2007, the premises located at 313 Zion Road, Mount Holly Springs, I' A 17065, (hereinafter "Property") Mount Holly Springs, Holly Spings Township, Cumberland County, PA 17065, Parcel Number 40-31-2185-26, was sold at the Cumberland County Sher(l i Sale pursuant to a Writ of Execution issued out of the captioned case. The Property was struck down to a third-party bidder for the amount of $60,000.00, at the August 8, 2007, Cumberland County Sheriff Sale. On or about September 7, 2007, in accordance with Pa. R.C.P. 3136(d), +',"' Cumberland County Sheriff provided Plaintiff with a copy of its Proposed Schedule of Distrib -i - which distribution listed the Plaintiff as receiving $44,123.16. Since the entry of Default Judgment, Plaintiff has expended additional sums ineludir,= taxes, property maintenance fees, and insurance premiums, relative to the Property to protecf i ? : collateral. The total debt owed to Plaintiff at the time of the Sale was $55,800.00, the amois,, Plaintiff bid at sale. Plaintiff is requesting that the Proposed Schedule of Distribution by amended to r&,. payment to Plaintiff in the amount of $55,800.00. The sheriff has funds available to pay ; `. r amount Plaintiff is seeking. II. LEGAL AUTHORITY Pennsylvania Rule of Civil Procedure 3136(d) allows a party to file Exceptions to tipc Sheriff's proposed Schedule of Distribution within ten days of the date of posting of the proi schedule. In the instant case, Plaintiff has filed timely exceptions. The Superior Court of Pennsylvania held in the case of Extraco Mortgage v. William,,. 2002 Pa. Super. 246, 805 A.2d 543 (Pa. Super. 2002), that payments for taxes and insuran(i through implication, other costs collectable under the Note and Mortgage, made by a scr lienholder following the entry of default judgment on its Mortgage, relate back to the d mortgage for the priority. In the instant matter, Plaintiff has expended additional sums, including taxes, property maintenance fees, and insurance premiums, relative to the Property to protect its collateral which have inured to the benefit of all parties. In accordance with the holding in Extraco Mortgage, these amounts are recoverable upon the distribution of sale proceeds and take priority over any amounts owed to junior lienholders. Additionally, this Court has plenary power to administer equity in cases under its jurisdiction according to well settled principles of equity jurisprudence. Cheval v. City of Cumberland, 116 Pa. Super. 101, 176 A. 779 (Pa. Super. 1935). Moreover, it is well settled that Courts will lean to a liberal exercise of the equity power without encouraging technical niceties in the modes of procedure and forms of pleading. Gunnett v. Trout, 380 Pa. 504, 112 A.2d 333 (Pa. 1955). Plaintiff submits that this Court should exercise its equity and discretion to allow the instant Exceptions to be heard as it was promptly filed in anticipation of the distribution of proceeds of sale in this matter and the sums expended inured to the benefit of all parties involved. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order directing distribution to the executing Plaintiff in the amount of $55,800.00. Respectfully Submitted Phelan Hallman & Schmieg, LLP Date: September 14, 2007 By: Michael E. Carleton, Esquire Attorney for Plaintiff EXHIBIT A a uurn sou ?I(Q MORTGAGE f I I 001-TJTQ P. 1C7 THIS MORTOAM enured into an 00127106 , b~surw JAY B. HOLLAND AND ANT J. HOLLAND of 71) ZION FOAD IT NOLLY SPRINCC. PA 170M h.r.ln ssa.4 Me tg.W. and FORD CONSU0 01500007 COW ANY , a AN YORK oorbaation haunt on Mite and plboa of bveismma at: Maio TILUIMh DRIVE SUITE 1Dt BENSALEN. PA 10020-M2 tweln called'Mortoa0re'. . VIOWESSCTH, that to sawne payment by Martgeda of a Nato dated Ow cam. ore this M mft ge in 1h? sum .t S 41.060.00 . wo dw with ihWsetdde nu steled In vise Nita, Monppor don by deaw preaentr moll. Oroht and;;; V a Mary.V" ALA. *. Wlawirog described real oalnte sNualld in tM TONNSHIP of NT OUT SPRINGS County of CUN MAIN Gammomwelth of PmanvyWanis, described asfobmvw: SE•E 9111181Y A ATTACHED KRE70, IMCONWATEO ICREIN " NAB[ A PART HEREOF. Y404ME9t.A+ all ore Wilding. and bnpeW R- a d -ft" And adMi and 41110all0m demtata, inalddktg all ohay.. lessough,ser, fWd, INtrdes, WMIaBae, HWO& smenN and .ppwtsnenees whabe.v.r 4-nnW W 6elangirp, or ap0ortstnlltd, horse, 6L%d 11r IM" MW Ppff*se.' TO HAVE AMP TO HOW dra Mortgaged Prsmisw hereby granted and een.ayad onto Marton". to and far the use and behoof of Mrinagn. he P.Mmoom and ssdam forever. THIS MORYOAM IS MADE eu e;ooi a the f"Dwbtg aond "ns, and Mortgogor e0raal; 1. Mortgagee will malom all p.tm+Ms as DN duo date tiered and parfarm all odor oblidadons on required or prwUW heroin and to maid ". 2. Morkp&W wIN soy when dw all LNee end easewmenes levied or masses" ogmb..e esid pre fa.. ar cry hot t Weaf. and WIO d~ noslPti deaefrd the Mortgagee Veen rsareet 2. MktrOlger will hoop the impreeornmt. on amid pntparty asnlesMly Is 1 adafnst firs and Oiler such havards. In mach s nownt and veldt muoh aerdaN as Martomeas aha0 seefevs, wit, loss. N any, WgMble to Mortgages a its Mrr..t .qry appear. 4. Mo lps"r vM nelOw moenk nor suNN any ship, waste, impolrrment or do»riaration of the Morlgggad rrwWome, and will mdntetn the are in good order and r.psir. 6 h tees ana4ht the ltlsrlOught 1411L MOM" b tot danvwa aWWWW or SkWMMA dte Matg.dmd Premium,. aG obGd darn taaoMed by dda Mangano "bovee m dud and payablo at the option of" MertdAw., 5. In the event the kaortgogsr dwheAlls In the n oldr,n of .say paymwnt Joe said payable under maid Note or In the humping and performance by MorysoWs of any of the oaldisons of omvonafta of thin MaAdego or said Nets, Marleatse sftall w sodded W Ole !eats, irtaw and graft Erwt+the M*Ma0ed Premiums and Mortgagee may ferdnuvfh hrin0 an Aoion of Mortgage Po wloaure It-~ of kltdate other lorselsowe prsaaedirtg. Upon 1Mm Mortgage and Ploy prooe.d M oodammed and ".ou" so rec-ar the balrtoa eras its maid Neu and may afire wee that pry to duo dwrowWs , k ~no measurable rtorw is fame a.ele of PA and 0este,af ode, all an dlowed by law. Wget ner MOW Interest after jrdw"M vwdl the fd0 ornoweht due Mortgagee is paid %, M Ohs avant of d•fmvh ar upon slo,"onrrw" of the RMrtgpmd Prantiooe, the Merta•ges. in Porten w M agonL ehe0 bm ridded a .mar upon. take po.....irs ef. aloe itttdnsge 1M rlyn and a O*Gaat #w rata al des psapwW Nurludrq Vase past due. Any erns 0011ggted by dome 1Asrtps0oe MMN he applied first m paysmam of dw oosts of manadertunt of Ohs preps". maleaten 6f rants. and rsamonaWo atamWa fsos, sml Onion to the own .sorrel by the L% t olo. BUT PROVIDED ALWAY$. THAT IF Morlpagpr do" pay or trove this Merinow and dew debt hereby attwed to be paid in hil an dw day and is the manger pnwMed M said Nag. than this Me?rtppmapple and the swum horeby drantod ¦hs0 w"a, and d.tertrdpe ¦nnd bssurre odd, moved"g heroin to de -i,sy neaMdttrndlnp. Ter so•+nonto heraln wn6 , , 'mindl turd, and doe herwfift and sdv-W-V.. d.11 Inure to the r.rpmodva heir,. atreerubran mdnktiatrators, usosewry, and lea, of the perdw horab. WheneWr sisal, dw singular number shoN indhde Qw ptrat, the plwaf the 11ddWv. and &a use of m" ONAW,hall be aepliooble a 00 OMdws. Psymeat of this Mvrtppa 1. nWb)M to the Unno end osmdtdmes of said Nov of woes date "twmmn Mertgmee. NO Met son, INW MESS VYHERUW. the add Montego. have signed 'No Mortgage with walls) affmd, an In date first above n. Ss and I In the ewes ol: x t Widnes. x Q O 1rWtnsw al?T?t Nk/ CCwMOhRNEAL OP P!NNBWVAMA d J-%k . s5 COUNTY OF o. *A. _ _ earns he be rwowshW as such. WITNESS my tin NpYy ? ar aforesaid.; fete ermmlaaiwr wa"P'?irar?rF rar?r""6aPubile "" rr? • r r:omrn Pant ore. /A. la ?`?..?t? Atngr.iyrrotrwti J; ha. rAZrt0007n a wPaso 1 of 2 L.fs.r me, • Notary OAN.L o..... l r mOl and dead. and desir She 1284 rAcE 234 .tai,.. I 1 .. -- -- ..... --r ..v?J -.. -- f 1 fl -.JJ f - -F J'TJ N. 13 ALL 'A%A? CERTAxN tract of land with thqp improvements thttwon erupted, situate th south Middleton Township, Cumberland County, DOAnsylvanla, bounded and describad as follows. On the North by land now or formerly of Yamea T. apance, now or rormerly of Paul Murtotts on the rAft by the Public Road lesding from Mount soliy Springs to Mt. Ziah, also known a mountain Street Extendedi on the south by lend now or forAerl'y or II.J. sbuxuan, how or formerly of Tamea T. Spence, now or formerly of Paul N4rtaff. rhWXNG at frontage of 60 Rest and extending 963 faat' In depths oontalning one-half (7L/2) acre) and being improve4 with a two- story frame dwe111nq house. v %. . el Cumbprlind 35 i 44d In 9116 Off' for InR ?aoordlnp dt Di ,.ya: ` l.eW V mend Cvwnw$y }f Oa fa,7 S P g My n4p ,lu ul al o ? PAth dMyaf 19'x; m6 7' ,l iw-l.p94 YAct 236 , r EXHIBIT B PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 143826 CTTIFINANCIAL MORTGAGE COMPANY, INC., F/K/A FORD CONSUMER DISCOUNT COMPANY 1111 NORTHPOINT DRIVE BUILDING 4, SUITE 100 COPPELL, TX 75019 Plaintiff V. JAY B. HOLLAND AMY J. HOLLAND A/K/A AMY RICH 313 ZION ROAD MOUNTY HOLLY SPRINGS, PA 17065 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. d` -L-16W 1. lV t CUMBERLAND COUNTY filed it (t5? L.' Defendants a CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE z NOTICE co 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 defense,, 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 mat, 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 YOLJ 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street We hereby CQr'rtifiy A` EY FILE W w thin to be a true &p# Carlisle, PA 17013 (800)990-9108 co"W copyof ' File #: 143826 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN' ON REAL ESTATE. File #: 143926 Plaintiff is CITIFINANCIAL MORTGAGE COMPANY, INC., F/K/A FORD CONSUMER DISCOUNT COMPANY 1111 NORTHPOINT DRIVE BUILDING 4, SUITE 100 COPPELL, TX 75019 2. The name(s) and last known address(es) of the Defendant(s) are: JAY B. HOLLAND AMY J. HOLLAND A/K/A AMY RICH 313 ZION ROAD MOUNTY HOLLY SPRINGS, PA 17065 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 09/27/1995 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder CUMBERLAND County, in Book: 1284, Page: 234. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2006 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. File N: 143926 6. The following amounts are due on the mortgage: Principal Balance $38,302.87 Interest 2,107.80 06/01/2006 through 11/13/2006 (Per Diem $12.70) Attorney's Fees 1,250.00 Cumulative Late Charges 0.00 09/27/1995 to 11/13/2006 Cost of Suit and Title Search 550.00 Subtotal $ 42,210.67 Escrow Credit 0.00 Deficit 1,095.01 Subtotal $ 1.095.01 TOTAL $ 43,305.68 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 43,305.68, together with interest from 11/13/2006 at the rate of $12.70 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHEL LINAN & SCHMIEG, LLP t By: /s/Francis S. Hallinan L CE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 143826 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in South Middletown Township, Cumberland County, Pennsylvania, bounded and described as follows: On the North by land now or formerly of James T. Spence, now or formerly of Paul Murtoff; on the East by the Put- I Road leading from Mount Holly Springs to Mt. Zion, also known as Mountain Street Extended; on the South by lar:+-! < or formerly of H.J. Sherman, now or formerly of James T. Spence, now or formerly of Paul Murtofl: HAVING a frontage of 60 feet and extending 363 feet in depth; containing one-half (1/2) acre; and being improved wslr, two-story frame dwelling house. BEING the same premises that Gertie Mae McLaughlin, widow; Kathleen M. Leib and Lee M. Leib, her husband, John; McLaughlin and Geraldine A. McLaughlin, husband and wife; Reba M. Weary and Russell Weary, her husband: Px.,, M. Cline and Russell Cline, her husband; Ralph C. McLaughlin and Dorothy G. McLaughlin, husband and wife; V M. McCauslin and Fred McCauslin, her husband; Marie M. Cvetko and Joseph Cvetko, her husband; Ruth M. Sheik i - Paul J. Shenk, her husband; Marlin McLaughlin and Conevieve McLaughlin, husband and wife; Carl A. Goodling w Alfaretta T. Goodling, husband and wife; Evelyn G. Long and Raymond Long, her husband; Robert C. Goodling !! i - , Lillie R. Goodling, husband and wife, Margaret G. Verow and Edward H. Verow, her husband, by their deed dated .?; 10th day of December, 1962, and recorded in the Office of the Recorder of Deeds in and for Cumberland Com y Pennsylvania in Deed Book'V', Volume 320 Page 136, granted and conveyed unto Irvin P. Baer and Emma Mae ? < PREMISES BEING 313 ZION ROAD File 4: 143826 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAIN'T'IFF in this matter,, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of B Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: X11 13 O EXHIBIT C PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CITIFINANCIAL MORTGAGE COMPANY, INC., F/K/A FORD CONSUMER DISCOUNT COMPANY 1111NORTHPOINT DRIVE BUILDING 4, SUITE 100 COPPELL, TX 75019 Plaintiff, AITORWRLEWrt, SEREV,;Pt CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6603 CIVIL TERM V. JAY HOLLAND AMY HOLLAND Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO C? q ANSWER AND ASSESSMENT OF DAMAGES M-FT I TO THE PROTHONOTARY: 55x- Kindly enter an in rem judgment in favor of the Plaintiff and against JAY HO"AIM and,,,. AMY HOLLAND, Defendant(s) for failure to file an Answer to Plaintiffs Complain ;i6thina0&p,{` from service thereof and for Foreclosure and Sale of the mortgaged premises, and asses`'-O Plaintiff damages as follows: w As set forth in Complaint $43,305.68 Interest from I l/14/06 to 02/02/07 $1,016.00 I' . TOTAL $44,321.68 \ pk'i' I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) areas shown above (2) that notice has been given in accordance with Rule 237. 1, copy attached. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 143826 PRO PROTHY EXHIBIT D MAY 16200;M1 , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Citifinancial Mortgage Company, Inc., : Court of Common Pleas F/K/A Ford Consumer Discount Company Plaintiff : Civil Division VS. Jay B. Holland Amy J. Holland A/K/A Amy Rich Defendants : Cumberland County No. 2006-6603-Civil Term ORD R AND NOW, this )3 dayo , 2007, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby FRED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $38,302.87 Interest Through 6/13/07 6,307.14 Per Diem $12.70 Late Charges 0.00 Legal fees 1,675.00 Cost of Suit and Title 1,390.34 Sheriffs Sale Costs 0.00 Property Inspections 0.00 Appraisal/Brokers Price Opinion 0.00 Mortgage Ins. Premium/Private Mortgage Ins. 0.00 NSF (Non-Sufficient Funds charge) 0.00 1LI 38Lb Suspense(Misc. Credits Escrow Deficit TOTAL 0.00 1,095.01 $48,770.36 Plus interest from 6/13/07 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. 143826 EXHIBIT E SCHEDULE OF DISTRIBUTION SALE NO. 93 Date Filed: September 07, 2007 Writ No. 2006-6603 Civil Term Citifinancial Mortgage Company, Inc VS Jay Holland and Amy Holland 313 Zion Road Mt. Holly Springs, PA 17065 Sale Date: August 08, 2007 Buyer: James L. Adams Bid Price: $60,000.00 Real Debt Interest Attorney Writ Costs Misc. Costs Escrow Deficit Total: f/k/a Ford Consumer Discount Company $38,302.87 6,659.94 1,675.00 1,390.34 1,095.01 q/fl r $49,123.16 per order of court on May 23, 2007 DISTRIBUTION: Receipts: Cash on account (03/15/2007): Cash on account (08/08/2007): Cash on account (08/24/2007): $ 1,500.00 6,000.00 56,916.18 Total Receipts: $64,416.18 Disbursements: Sheriff s Costs Legal Search Transfer Tax, Local Transfer Tax, State Cumberland County Tax Claim Judy Campbell, Tax Collector Attorney Daniel Schmieg Citifinancial Mortgage Company, Inc. Jay Holland and Amy Holland Total Disbursements: Balance for distribution: So Answers: $2,119.08 300.00 708.09 708.09 790.92 818.72 1,500.00 49,123.16 8,348.12 ($64,416.18) 0.00 R. Thomas Kline Sheriff VERIFICATION I, Michael E. Carleton, Esquire, hereby state that I am the attorney for the Plaintiff herein and am authorized to make this verification. I hereby verify that the information contained in Plaintiffs Exceptions to Sheriffs Sale Distribution Pursuant to Pa.R.C.P., 3136(d) is true and correct to the best of my knowledge, information and belief. I am aware that this verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Respectfully Submitted Phelan Hallinan & Schmieg, LLP Date: September 14, 2007 BY: Michael E. Carleton, Esquire Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP By: Michael E. Carleton, Esquire Atty. I.D. No. 203009 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Citif nancial Mortgage Company, Inc. f/k/a Ford Consumer Discount Company Court of Common Pleas 1111 Northpoint Drive, Building 4, Suite 100 Coppell, TX 75019 Plaintiff Civil Division vs. Cumberland County Jay B. Holland Amy J. Holland, a/k/a Amy Rich 313 Zion Road 06-6603 Civil Term Mount Holly Springs, PA 17065 Defendants CERTIFICATE OF SERVICE I hereby certify a true and correct copy of the foregoing Exceptions to Sheriff's Sale Distribution was served by regular mail on: Jay B. Holland Amy J. Holland, a/k/a Amy Rich 313 Zion Road Mount Holly Springs, PA 17065 Jay B. Holland Amy J. Holland, a/k/a Amy Rich P.O. Box 7210 Norco, CA 92860 Jay B. Holland Amy J. Holland, a/k/a Amy Rich 34 Trine Avenue Mount Holly Springs, PA 17065 Pennsylvania Housing Finance Agency 211 N. Front Street P.O. Box 15530 Harrisburg, PA 17105-5530 Date: September 14, 2007 R. Thomas Kline Sheriff of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17103 Tenants/Occupant 313 Zion Road Mount Holly Springs, PA 17065 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Respectfully Submitted Phelan Hallinan & Schmieg, LLP By: Michael E. Car eton, Esquire Attorney for Plaintiff EXHIBIT G AMENDED SCHEDULE OF DISTRIBUTION SALE NO. 93 Date Filed: September 26, 2007 Writ No. 2006-6603 Civil Term Citifinancial Mortgage Company, Inc. f/k/a Ford Consumer Discount Company VS Jay Holland and Amy Holland 313 Zion Road Mt. Holly Springs, PA 17065 Sale Date: August 08, 2007 Buyer: James L. Adams Bid Price: $60,000.00 Real Debt $38,302.87 Interest 6,659.94 Attorney Writ Costs 1,675.00 Misc. Costs 1,390.34 Escrow Deficit 1,095.01 Total: $49,123.16 per order of court on May 23, 2007 DISTRIBUTION: Receipts: Cash on account (03/15/2007): $ 1,500.00 Cash on account (08/08/2007): 6,000.00 Cash on account (08/24/2007): 56,916.18 Total Receipts: $64,416.18 Disbursements: Sheriffs Costs $2,119.08 Legal Search 300.00 Transfer Tax, Local 708.09 Transfer Tax, State 708.09 Cumberland County Tax Claim 790.92 Judy Campbell, Tax Collector 818.72 Attorney Daniel Schmieg 1,500.00 Citifinancial Mortgage Company, Inc. 49,123.16 Pennsylvania Housing Finance Agency 7,875.83 U.S. Treasury Department 472.29 Total Disbursements: ($64,416.18) Balance for distribution: 0.00 So Answers: R. Thomas Kline Sheriff VERIFICATION I, Michael E. Carleton, Esquire, hereby state that I am the attorney for the Plaintiff herein and am authorized to make this verification. I hereby verify that the information contained in Plaintiff's Exceptions Pursuant To Pa. R.C.P. 3136(d) To Amended Schedule Of Distribution Of Sale No. 93 Held On August 8, 2007 is true and correct to the best of my knowledge, information and belief. I am aware that this verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Respectfully Submitted Phelan Hallinan & Schmieg, LLP Date: By: Michael E. Carleton, Esquire Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP By: Michael E. Carleton, Esquire Atty. I.D. No. 203009 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Citifinancial Mortgage Company, Inc. f/k/a Ford Consumer Discount Company 1111 Northpoint Drive, Building 4, Suite 100 Coppell, TX 75019 Plaintiff VS. Jay B. Holland Amy J. Holland, a/k/a Amy Rich 313 Zion Road Mount Holly Springs, PA 17065 Defendants Attorney for Plaintiff : Court of Common Pleas Civil Division Cumberland County 06-6603 Civil Term CERTIFICATE OF SERVICE I hereby certify a true and correct copy of the foregoing Plaintiff's Exceptions Pursuant To Pa. R.C.P. 3136(d) To Amended Schedule Of Distribution Of Sale No. 93 Held On August 8, 2007 was served by regular mail on: Jay B. Holland Amy J. Holland, a/k/a Amy Rich 313 Zion Road Mount Holly Springs, PA 17065 R. Thomas Kline Sheriff of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17103 Pennsylvania Housing Finance Agency 211 N. Front Street P.O. Box 15530 Harrisburg, PA 17105-5530 Tenants/Occupant 313 Zion Road Mount Holly Springs, PA 17065 U.S. Treasury Department c/o Internal Revenue Service Federated Investors Tower Thirteenth Floor Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Respectfully Submitted Phelan Hallinan & Schmieg, LLP Date: r By: Michael E. Carleto , squire Attorney for Plaintiff CITIFINANCIAL MORTGAGE COMPANY, INC., f/k/a FORD CONSUMER DISCOUNT COMPANY, Plaintiff V. JAY B. HOLLAND and AMY J. HOLLAND, a/k/a AMY RICH, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-6603 CIVIL TERM ORDER OF COURT AND NOW, this 16" day of October, 2007, upon consideration of Plaintiff's Exceptions Pursuant To Pa. R.C.P. 3136(d) to Amended Schedule of Distribution of Sale No. 93 Held on August 8, 2007, a Rule is hereby issued upon all interested parties, to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. Service of this Rule is to be effected by Plaintiff upon all interested parties. Michael E. Carleton, Esq. 'Re'lan, Hallinan & Schmieg, LLP One Penn Center Plaza Suite 1400 Philadelphia, PA 19102-1799 Attorney for Plaintiff /ay B. Holland Amy J. Holland, a/k/a Amy Rich 313 Zion Road Mount Holly Springs, PA 17065 Defendants BY THE COURT, J lVAIA", 'NI--Id 9 1 :21 Wd L 1 130 [OOZ ?l d1C ??1 3H.i ?o 3 ?"i-',_, iC-CI91H /ennsylvania Housing Finance Agency 211 N. Front Street P.O. Box 15530 Harrisburg, PA 17105-5530 "S. Treasury Department c/o Internal Revenue Service Federated Investors Tower Thirteenth Floor Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 X Thomas Kline Sheriff of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 /enants/Occupant 313 Zion Road Mount Holly Springs, PA 17065 r/- monwealth of Pennsylvania -01 epartment of Welfare P.O. Box 2675 Harrisburg, PA 17105 ;/"omestic Relations Office of Cumberland County 13 North Hanover Street Carlisle, PA 17013 :rc 0 Phelan Hallinan & Schmieg, LLP By: Michael E. Carleton, Esquire Atty. I.D. No. 203009 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Citifmancial Mortgage Company, Inc. f/k/a Ford Consumer Discount Company Court of Common Pleas 1111 Northpoint Drive, Building 4, Suite 100 Coppell, TX 75019 Plaintiff Civil Division VS. Cumberland County Jay B. Holland Amy J. Holland, a/k/a Amy Rich 313 Zion Road 06-6603 Civil Term Mount Holly Springs, PA 17065 Defendants CERTIFICATE OF SERVICE I hereby certify a true and correct copy of the October 16, 2007, Order of Court issued in the above captioned matter was served by regular mail on the following on the date indicated: Jay B. Holland Amy J. Holland, aWa Amy Rich 313 Zion Road Mount Holly Springs, PA 17065 Pennsylvania Housing Finance Agency 211 N. Front Street P.O. Box 15530 Harrisburg, PA 17105-5530 U.S. Treasury Department C/o Internal Revenue Service Federated Investors Tower Thirteenth Floor Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 R. Thomas Kline Sheriff of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17103 Tenants/Occupant 313 Zion Road Mount Holly Springs, PA 17065 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Respectfully Submitted Phelan Hallinan ieg, LLP Date: October 23, 2007 By: Michael E. Car eton, Esquire Attorney for Plaintiff CITIFINANCIAL MORTGAGE COMPANY, INC., f/k/a FORD CONSUMER DISCOUNT COMPANY, : Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JAY B. HOLLAND and AMY J. HOLLAND, a/k/a AMY RICH, Defendants CIVIL ACTION - LAW NO. 06-6603 CIVIL TERM ORDER OF COURT AND NOW, this 16th day of October, 2007, upon consideration of Plaintiffs Exceptions Pursuant To Pa. R.C.P. 3136(d) to Amended Schedule of Distribution of Sale No. 93 Held on August 8, 2007, a Rule is hereby issued upon all interested parties, to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. Service of this Rule is to be effected by Plaintiff upon all interested parties. Michael E. Carleton, Esq. P elan, Hallinan & Schmieg, LLP ne Penn Center Plaza Suite 1400 Philadelphia, PA 19102-1799 Attorney for Plaintiff Jay B. Holland Amy J. Holland, a/k/a Amy Rich 313 Zion Road Mount Holly Springs, PA 17065 Defendants BY THE COURT, f • Pennsylvania Housing Finance Agency 211 N. Front Street P.O. Box 15530 Harrisburg, PA 17105-5530 U.S. Treasury Department c/o Internal Revenue Service Federated Investors Tower Thirteenth Floor Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 R. Thomas Kline Sheriff of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Tenants/Occupant 313 Zion Road Mount Holly Springs, PA 17065 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 Domestic Relations Office of Cumberland County 13 North Hanover Street Carlisle, PA 17013 :rc s-? 0 ? -r? ?? 1? ? ? ?' - ., ?- . , .`? '' ? ?` ? ? Phelan Hallinan & Schmieg, LLP By: Michael E. Carleton, Esquire Atty. I.D. No. 203009 One Penn Center Plaza at Suburban Station 1617 John F. Kennedy Blvd., Ste 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Citifinancial Mortgage Company, Inc., f/k/a Ford Consumer Discount Company 1111 Northpoint Drive, Building 4, Suite 100 Coppell, TX 75019 Plaintiff Attorney for Plaintiff Civil Division vs. Jay B. Holland Amy J. Holland a/k/a Amy Rich 313 Zion Road Mount Holly Springs, PA 17065 06-6603 Civil Term CERTIFICATION OF SERVICE TO THE PROTHONOTARY: I hereby certify that a true and correct copy of Plaintiffs Motion to Make Rule Absolute was served by regular mail on the following on the date listed below: Jay B. Holland Amy J. Holland, a/k/a Amy Rich R. Thomas Kline 313 Zion Road Sheriff of Cumberland County Mount Holly Springs, PA 17065 Cumberland County Courthouse One Courthouse Square Carlisle, PA 17103 Jay B. Holland Amy J. Holland, a/k/a Amy Rich Tenants/Occupant P.O. Box 7210 313 Zion Road Norco, CA 92860 Mount Holly Springs, PA 17065 Jay B. Holland Amy J. Holland, a/k/a Amy Rich Commonwealth of Pennsylvania 34 Trine Avenue Department of Welfare Mount Holly Springs, PA 17065 P.O. Box 2675 Harrisburg, PA 17105 Pennsylvania Housing Finance Agency 211 N. Front Street P.O. Box 15530 Harrisburg, PA 17105-5530 U.S. Treasury Department C/o Internal Revenue Service Federated Investors Tower Thirteenth Floor Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Date: /0 O4 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Respectfully Submitted, Phelan Hallinan & Schmieg, LLP Michael E. Carleton, squire Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP By: Michael E. Carleton, Esquire Atty. I.D. No. 203009 Attorney for Plaintiff One Penn Center Plaza at Suburban Station 1617 John F. Kennedy Blvd., Ste 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Citifinancial Mortgage Company, Inc., f/k/a Ford Consumer Discount Company Civil Division 1111 Northpoint Drive, Building 4, Suite 100 Coppell, TX 75019 Plaintiff vs. Jay B. Holland 06-6603 Civil Term Amy J. Holland a/k/a Amy Rich 313 Zion Road Mount Holly Springs, PA 17065 MOTION TO MAKE RULE ABSOLUTE Plaintiff, by and through its Attorney, Phelan Hallinan & Schmieg, hereby petitions this Honorable Court to make the Rule to Show Cause issued on October 16, 2007, absolute in the above captioned mortgage foreclosure action, and in support thereof, avers as follows: 1) Plaintiff filed Exceptions Pursuant to Pa.R.C.P. 3136(d) to Amended Schedule of Distribution of Sale No. 93 Held on August 8, 2007 with the Court on or about October 5, 2007. 2) This Honorable Court issued a Rule upon Defendants and all interested parties on October 16, 2007, to show cause why the Order granting Plaintiffs Exceptions to Sheriff s Amended Schedule of Distribution should not be entered. A true and correct copy of the Rule is attached hereto, made a part hereof, and marked as Exhibit "A." 3) The Rule to Show Cause was forwarded to all parties at their last known address as evidenced by Plaintiff s Certificate of Service filed on October 24, 2007. A true and correct copy of the Certificate is attached hereto, made part hereof, and marked as Exhibit «B 4) Defendants and all interested parties have failed to respond or otherwise plead to the Rule Returnable date of November 14, 2007. WHEREFORE, Plaintiff prays this Honorable Court make the Rule issued on October 16, 2007, absolute and enter an Order granting Plaintiffs Exceptions Pursuant to Pa.R.C.P. 3136(d) to Amended Schedule of Distribution of Sale No. 93 Held on August 8, 2007. Date: Respectfully Submitted, Phelan Hallinan & Sc LLP Michael E. Carleton, Esquire Attorney for Plaintiff CITIFINANCIAL MORTGAGE IN THE COURT OF COMMON PLEAS OF COMPANY, INC., f/k/a FORD CUMBERLAND COUNTY, PENNSYLVANIA CONSUMER DISCOUNT COMPANY, Plaintiff V. : CIVIL ACTION - LAW JAY B. HOLLAND and AMY J. HOLLAND, a/k/a AMY RICH, Defendants NO. 06-6603 CIVIL TERM ORDER OF COURT AND NOW, this 16th day of October, 2007, upon consideration of Plaintiff's Exceptions Pursuant To Pa. R.C.P. 3136(d) to Amended Schedule of Distribution of Sale No. 93 Held on August 8, 2007, a Rule is hereby issued upon all interested parties, to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. Service of this Rule is to be effected by Plaintiff upon all interested parties. BY THE COURT, Michael E. Carleton, Esq. P elan, Hallinan & Schmieg, LLP /11ne Penn Center Plaza Suite 1400 Philadelphia, PA 19102-1799 Attorney for Plaintiff Jay B. Holland Amy J. Holland, a/k/a Amy Rich 313 Zion Road Mount Holly Springs, PA 17065 Defendants Pennsylvania Housing Finance Agency 211 N. Front Street P.O. Box 15530 Harrisburg, PA 17105-5530 U.S. Treasury Department c/o Internal Revenue Service Federated Investors Tower Thirteenth Floor Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 R. Thomas Kline Sheriff of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Tenants/Occupant 313 Zion Road Mount Holly Springs, PA 17065 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 Domestic Relations Office of Cumberland County 13 North Hanover Street Carlisle, PA 17013 :rc '1(fY PLEA Phelan Hallinan & Schmieg, LLP By: Michael E. Carleton, Esquire Atty. I.D. No. 203009 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Citifinancial Mortgage Company, Inc. f/k/a Ford Consumer Discount Company 1111 Northpoint Drive, Building 4, Suite 100 Coppell, TX 75019 Plaintiff VS. Jay B. Holland Amy J. Holland, a/k/a Amy Rich 313 Zion Road Mount Holly Springs, PA 17065 Defendants ityktzcop? Attorney for Plaintiff : Court of Common Pleas Civil Division cn o o - , Cumberland County ril Q ' A 06-6603 Civil Term Cn -< CERTIFICATE OF SERVICE I hereby certify a true and correct copy of the October 16, 2007, Order of Court issued in the above captioned matter was served by regular mail on the following on the date indicated: Jay B. Holland Amy J. Holland, a/k/a Amy Rich 313 Zion Road Mount Holly Springs, PA 17065 Pennsylvania Housing Finance Agency 211 N. Front Street P.O. Box 15530 Harrisburg, PA 17105-5530 R. Thomas Kline Sheriff of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17103 Tenants/Occupant 313 Zion Road Mount Holly Springs, PA 17065 U.S. Treasury Department C/o Internal Revenue Service Federated Investors Tower Thirteenth Floor Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 MTO W FILE-G PY PLEA'F '+1 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Respectfully Submitted Phelan Hallinan S ieg, LLP Date: October 23, 2007 By: Michael E. Car eton, Esquire Attorney for Plaintiff VERIFICATION Michael E. Carleton, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Respectfully Submitted, Phelan Hallinan & Schmie , LLP Date: ('/ 2 ° Michael E. Carleton, Esquire Attorney for Plaintiff r-> 0 c:I F l' , ul NOV 162007 4'`? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Citifinancial Mortgage Company, Inc., f/k/a Ford Consumer Discount Company 1111 Northpoint Drive, Building 4, Suite 100 Coppell, TX 75019 Plaintiff VS. Jay B. Holland Amy J. Holland a/k/a Amy Rich 313 Zion Road Mount Holly Springs, PA 17065 Civil Division : 06-6603 Civil Term ORDER AND NOW, this ? -7 day of N o - . , 2007, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED that the Rule entered upon Defendants and all interested parties on October 16, 2007, shall be and is hereby made absolute; Plaintiffs Exceptions Pursuant to Pa. R.C.P. 3136(d) to Amended Schedule of Distribution of Sale No. 93 Held on August 8, 2007, are GRANTED; and the Sheriff shall forthwith issue a revised Schedule of Distribution reflecting distribution to Plaintiff in the sum of $53,175.00. Y ?. cn J c ?- - : - I i CC) 71 lL+ Ls-. ' L:_3 c C= c:a 0 CV COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which James L Adams & Teresa M Adams is the grantee the same having been sold to said grantee on the 8th day of Aug A.D., 2007, under and by virtue of a writ Execution issued on the 13th day of March, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 6603, at the suit of Citifinancial Mtg Co Inc fka Ford C D C against Jay Holland & Amy Holland is duly recorded as Instrument Number 200736361. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this /19 A.D. 2e c? day of of Deeds Rw=W of D"C* Curn dV4 CO". Cari=b. PA My CWdrk m E*kn Ow FNet Monday d Jan. 2010 Citifinancial Mortgage Company, Inc. f/k/a In the Court of Common Pleas of Ford Consumer Discount Company Cumberland County, Pennsylvania VS Writ No. 2006-6603 Civil Term Jay Holland and Amy Holland % Jessica Hermansen, Deputy Sheriff, who being duly sworn according to law, states that on April 16, 2007 at 2049 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Amy Holland, by making known unto Amy Holland, personally, at 313 Zion Road, Mt. Holly Springs, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 2007 at 1408 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Jay Holland and Amy Holland, located at 313 Zion Road, Mt. Holly Springs, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Amy Holland, by regular mail to her last known address of 313 Zion Road, Mt. Holly Springs, PA 17065. This letter was mailed under the date of April 17, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on August 08, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $60,000.00 to James L. Adams. It being the highest bid and best price received for the same, James L. Adams of 1 East South Street, Franklintown, PA 17323, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $62,916.18. Sheriffs Costs: Docketing $30.00 Poundage 1,200.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 11.52 Levy 15.00 Surcharge 30.00 Post Pone Sale 20.00 Law Journal 355.00 Patriot News 287.39 Share of Bills Distribution of Proceeds 25.00 Sheriffs Deed 16.17 39.50 $2,119.08 ? ia`/o/0? ?w. dc?e,i. ??a / Sal 9 Sao Answers: If If R: Thomas Kline, Sheriff BY Real Estate rgeant t v CITIFINANCIAL MORTGAGE COMPANY, INC., F/K/A'FORD CONSUMER DISCOUNT COMPANY CUMBERLAND COUNTY Plaintiff, - COURT OF COMMON PLEAS V. CIVIL DIVISION JAY HOLLAND AMY HOLLAND NO. 06-6603 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) CITIFINANCIAL MORTGAGE COMPANY, INC., F/K/A FORD CONSUMER DISCOUNT COMPANY, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,313 ZION ROAD, MT HOLLY SPRINGS, PA 17065. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JAY HOLLAND 313 ZION ROAD NORCO, CA 92860 AMY HOLLAND 313 ZION ROAD MOUNT HOLLY SPRINGS, PA 17065 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. -Name and.address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PENNSYLVANIA HOUSING FINANCE AGENCY 211 N. FRONT ST., P.O. BOX 15530, HARRISBURG, PA 17105-5530 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 313 ZION ROAD MT HOLLY SPRINGS, PA 17065 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. February 1. 2007 Si baw DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff rya C.. c?n J ? rv ?^ .? ! y^1 f . 4AI '? CITIFINANCIAL MORTGAGE COMPANY, INC., FIK/A FORD CONSUMER DISCOUNT COMPANY Plaintiff, V. JAY HOLLAND AMY HOLLAND Defendant(s). CUMBERLAND COUNTY No. 06-6603 CIVIL TERM February 1, 2007 TO: JAY HOLLAND AMY HOLLAND 313 ZION ROAD 313 ZION ROAD NORCO, CA 92860 MOUNT HOLLY SPRINGS, PA 17065 **THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OF A LIENAGAINST PROPERTY. ** Your house (real estate) at, 313 ZION ROAD, MT HOLLY SPRINGS, PA 17065, is scheduled to be sold at the Sheriffs Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $44,321.68 obtained by CITIFINANCLAL MORTGAGE COMPANY, INC., F/K/A FORD CONSUMER DISCOUNT COMPANY (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 -DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in South Middletown Township, Cumberland County, Pennsylvania, bounded and described as follows: On the North by land now or formerly of James T. Spence, now or formerly of Paul Murtoff, on the East by the Public Road leading from Mount Holly Springs to Mt. Zion, also known as Mountain Street Extended; on the South by land now or formerly of H.J. Sherman, now or formerly of James T. Spence, now or formerly of Paul Murtoff. HAVING a frontage of 60 feet and extending 363 feet in depth; containing one-half (1/2) acre; and being improved with a two-story frame dwelling house. TITLE TO SAID PREMISES IS VESTED IN Jay B. Holland and Amy J. Holland, husband and wife, by Deed from Ronald Baer, Executor under the Last Will and Testament of Emma M. Baer, late, dated 09/27/1995, recorded 09/28/1995, in Deed Book 128, page 1002. PREMISES BEING: 313 ZION ROAD, MOUNT HOLLY SPRINGS, PA 17065 PARCEL NO. 40-31-2185-026 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-6603 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIFINANCIAL MORTGAGE COMPANY, INC., F/K/A FORD CONSUMER DISCOUNT COMPANY, Plaintiff (s) From JAY HOLLAND AND AMY HOLLAND (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $44,321.68 L.L. $.50 Interest FROM 2/2/07 TO 6/13/07 (PER DIEM - $7.29) - $962.28 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $162.56 Other Costs Plaintiff Paid Date: MARCH 13, 2007 Curd R. Long, Pr otary (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. Real Estate Sale # 93 On March 15, 2007 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA Known and numbered as 313 Zion Road, Mt. Holly Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 15,x;2007 Bub d-q 64 Real Estate Sergeant d ?? I "111ol LOO AMENDED SCHEDULE OF DISTRIBUTION SALE NO. 93 Date Filed: November 28, 2007 Writ No. 2006-6603 Civil Term Citifmancial Mortgage Company, Inc. f/k/a Ford Consumer Discount Company VS Jay Holland and Amy Holland 313 Zion Road Mt. Holly Springs, PA 17065 Sale Date: August 08, 2007 Buyer: James L. Adams Bid Price: $60,000.00 Real Debt $53,175.00 Interest Attorney Writ Costs Total: $53,175.00 per order of court on November 27, 2007 DISTRIBUTION: Receipts: Cash on account (03/15/2007): $ 1,500.00 Cash on account (08/08/2007): 6,000.00 Cash on account (08/24/2007): 56,916.18 Total Receipts: $64,416.18 Disbursements: Sheriff s Costs $2,119.08 Legal Search 300.00 Transfer Tax, Local 708.09 Transfer Tax, State 708.09 Cumberland County Tax Claim 801.03 Robert Kairns, Tax Collector 897.98 Attorney Daniel Schmieg 1,500.00 Citifinancial Mortgage Company, Inc. 53,175.00 Pennsylvania Housing Finance Agency 4,206.91 Total Disbursements: ($64,416.18) Balance for distribution: 0.00 So Answers: R. Thomas Kline Sheriff AMENDED SCHEDULE OF DISTRIBUTION SALE NO. 93 Date Filed: September 26, 2007 Writ No. 2006-6603 Civil Term Citifinancial Mortgage Company, Inc. f/k/a Ford Consumer Discount Company VS Jay Holland and Amy Holland 313 Zion Road Mt. Holly Springs, PA 17065 Sale Date: August 08, 2007 Buyer: James L. Adams Bid Price: $60,000.00 Real Debt $38,302.87 Interest 6,659.94 Attorney Writ Costs 1,675.00 Misc. Costs 1,390.34 Escrow Deficit 1,095.01 Total: $49,123.16 per order of court on May 23, 2007 DISTRIBUTION: Receipts: Cash on account (03/15/2007): $ 1,500.00 Cash on account (08/08/2007): 6,000.00 Cash on account (08/24/2007): 56,916.18 Total Receipts: $64,416.18 Disbursements: Sheriff s Costs $2,119.08 Legal Search 300.00 Transfer Tax, Local 708.09 Transfer Tax, State 708.09 Cumberland County Tax Claim 790.92 Judy Campbell, Tax Collector 818.72 Attorney Daniel Schmieg 1,500.00 Citifinancial Mortgage Company, Inc. 49,123.16 Pennsylvania Housing Finance Agency 7,875.83 U.S. Treasury Department 472.29 Total Disbursements: ($64,416.18) Balance for distribution: 0.00 So Answers: R. Thomas Kline Sheriff SCHEDULE OF DISTRIBUTION SALE NO. 93 Date Filed: September 07, 2007 Writ No. 2006-6603 Civil Term Citifinancial Mortgage Company, Inc. f/k/a Ford Consumer Discount Company VS Jay Holland and Amy Holland 313 Zion Road Mt. Holly Springs, PA 17065 Sale Date: August 08, 2007 Buyer: James L. Adams Bid Price: $60,000.00 Real Debt Interest Attorney Writ Costs Misc. Costs Escrow Deficit Total: DISTRIBUTION: $38,302.87 6,659.94 1,675.00 1,390.34 1,095.01 $49,123.16 per order of court on May 23, 2007 Receipts: Cash on account (03/15/2007): Cash on account (08/08/2007): Cash on account (08/24/2007): $ 1,500.00 6,000.00 56,916.18 Total Receipts: $64,416.18 Disbursements: Sheriff s Costs $2,119.08 Legal Search 300.00 Transfer Tax, Local 708.09 Transfer Tax, State 708.09 Cumberland County Tax Claim 790.92 Judy Campbell, Tax Collector 818.72 Attorney Daniel Schmieg 1,500.00 Citifinancial Mortgage Company, Inc. 49,123.16 Jay Holland and Amy Holland 8,348.12 Total Disbursements: ($64,416.18) Balance for distribution: 0.00 So Answers: R. Thomas Kline Sheriff SNELBAKER Y& BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriffs Sale No. 93, held August 8, 2007 EFFECTIVE DATE: August 13, 2007 PREMISES: 313 Zion Road, Mount Holly Springs, Pennsylvania (South Middleton Township), tax parcel No. 40-31-2185-026 (the "Premises") RECITAL: Being the same premises which Arnold Baer, Executor, by his Deed dated September 27, 1995 and recorded September 28, 1995 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 128, Page 1002, granted and conveyed unto Jay B. Holland and Amy J. Holland, husband and wife. The Premises identifif d above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: 1. Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. 3. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. 5. Any environmental liens or claims filed or on record in the Federal District Court. 6. Payment of state and local real estate transfer tax, if applicable. 7. Any secured transactions with respect to the Premises. 8. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriffs sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriffs sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. All Real Estate taxes on the Premises assessed but not billed as well as those Real Estate taxes accruing on and after July 1, 2007. 20. Mortgage in the amount of $41,640.88 from Jay B. Holland and Amy J. Holland to Ford Consumer Discount Company dated September 27, 1995 and recorded September 28, 1995 in Mortgage Book 1284, Page 234. -2- v 21. Mortgage in the amount of $8,500.00 from Jay B. Holland and Amy J. Holland to Pennsylvania Housing Finance Agency dated November 29, 2004 and recorded February 25, 2005 in Mortgage Book 1898, Page 759. 22. Judgment against Jay B. Holland, Amy J. Holland and Amy Rich in the amount of $44,321.68 in favor of Citifinancial Mortgage Company, Inc. entered March 13, 2007 to No. 2006-6603. 23. Judgment against Amy J. Holland in favor of Saidis, Flower & Lindsay in the amount of $1,122.43 entered August 14, 2007 to No. 2007-4799. 24. Federal Tax Lien against Jay B. Holland in favor of U. S. Treasury Department in the amount of $35,514.73 entered December 5, 1995 to No. 1995-6919. 25. Subject to the rights of others in and to any portions of the Premises lying within or adjoining the public road leading from Mount Holly Springs to Mt. Zion also known as Mountain Street Extended. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. By: Keith O. Brenneman -3- REAL ESTATE SALE NO. 93 Writ No. 2006-6603 Civil Citifinancial Mortgage Company, Inc. f/k/a Ford Consumer Discount Company VS. Jay Holland and Amy Holland Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in South Middletown Township, Cumberland County, Pennsylvania, bounded and de- scribed as follows: On the North by land now or for- merly of James T. Spence, now or formerly of Paul Murtoff; on the East by the Public Road leading from Mount Holly Springs to Mt. Zion, also known as Mountain Street Ex- tended, on the South by land now or formerly of H.J. Sherman, now or formerly of James T. Spence, now or formerly of Paul Murtoff. HAVING a frontage of 60 feet and extending 363 feet in depth; con- taining one-half (1/2) acre; and be- ing improved with a two-story frame dwelling house. TITLE TO SAID PREMISES IS VESTED IN Jay B. Holland and Amy J. Holland, husband and wife, by Deed from Ronald Baer, Executor under the Last Will and Testament of Emma M. Baer, late, dated 09/ 27/1995, recorded 09/28/1995, in Deed Book 128, page 1002. PREMISES BEING: 313 ZION ROAD, MOUNT HOLLY SPRINGS, PA 17065. PARCEL NO. 40-31-2185-026. EXHIBIT A 'P. ti THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 18th and 25th day(s) of April and the 2nd day(s) of May 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#93 .. pwo- raw CIM71tm l Djn 6n ' . - N611110 in A.U Ma CHnNN ;16 Of bad with , am Wddbm =dl edu is Sarah ?. ftw boe®ded „d' *im9W ? i the NM* by bid ww of bogy of im, " ? of Ahi Paw aldbaftfZ00 law v a 1t , do-we" r' ?ntle? as we ili?l?l?y"jtrril 01 lu *A** 4we of Sworn to and subscribed before me this 18th day of May 2007 A.D. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Terry L. Russell, Notary Public City of Harrisburg, llauphin County 7b?,ennsvlvania C mission Expires June 6,2010 / Me Association of Notaries TARP PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 20, 27, May 4, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE BALE NO. 93 Writ No. 2006-6603 Civil Citifinancial Mortgage Company, Inc. f/k/a Ford Consumer Discount Company vs. Jay Holland and Amy Holland Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in South Middletown Township, Cumberland County, Pennsylvania, bounded and de- scribed as follows: On the North by land now or for- merly of James T. Spence, now or formerly of Paul Murtoff, on the East by the Public Road leading from Mount Holly Springs to Mt. Zion, a' -1 kn^ as Mountain Street Ex a Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 4 day of May, 2007 NOTAP,!"':L SEAL Lr'1z w. )YDFR, Notary Public C Cumberland County ?s klarch 5, 2009