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HomeMy WebLinkAbout08-4690PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 ?JENINE R. DAVEY, ESQ., Id. No. 87077 LAUREN R. TABAS, ESQ., Id. No. 93337 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 169472 PHH MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Plaintiff V. JERILYN R. MULHOLLAND JOSHUA J. MULHOLLAND 212 WEST KELLER STREET MECHANICSBURG, PA 17055-6316 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 08 - 4(090 C iv; l Trim CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 169472 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 #: 169472 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 File #: 169472 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 #: 169472 1. Plaintiff is PHH MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: JERILYN R. MULHOLLAND JOSHUA J. MULHOLLAND 212 WEST KELLER STREET MECHANICSBURG, PA 17055-6316 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 02/27/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR PHH MORTGAGE COPORATION (FKA, CENDANT MORTGAGE CORPORATION) which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1941, Page 4757. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/2008 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 #: 169472 6. The following amounts are due on the mortgage: Principal Balance $164,541.34 Interest $4,246.85 03/01/2008 through 08/04/2008 (Per Diem $27.05) Attorney's Fees $1,250.00 Cumulative Late Charges $283.57 02/27/2006 to 08/04/2008 Cost of Suit and Title Search 550.00 Subtotal $170,871.76 Escrow Credit ($795.00) Deficit $0.00 Subtotal 795.00 TOTAL $170,076.76 7 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriff s Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 169472 9. 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. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $170,076.76, together with interest from 08/04/2008 at the rate of $27.05 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. PHELAN HALLINAN & SCHMIEG, LLP By: ?-?an ?1V) LA NCE T. P LAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 169472 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract situate in the Borough of Mechanicsburg, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northern side of West Keller Street, one hundred eighty-six and seven tenths (186.7) feet West of the intersection of West Keller Street and the centerline of South High Street; thence Westwardly along the Northern line of West Keller Street, seventy- two (72) feet to a point at lands now or formerly of Ethel Brubaker; thence North twelve degrees fifty-six minutes West (N 12 degrees 56 minutes W), along same one hundred thirty-two and fifteen hundredths (132.15) feet to a point at line of land now or formerly of Joe Curtis; thence North eighty-two degrees twelve minutes East (N 82 degrees 12 minutes E), along same seventy- one (71) feet to a point on the Western line of a twenty (20) feet wide alley; thence Southwardly along same, one hundred thirty-three and ninety-four hundredths (133.94) feet to a point, the point and place of BEGINNING. HAVING thereon erected a two and one-half (2 1/2) story frame dwelling known and numbered as 212 West Keller Street. UNDER AND SUBJECT, nevertheless, to all restrictions, easements, covenants and rights-of- way of record, or visible upon inspection of premises. File #: 169472 BEING the same premises which, CHRISTOPHER C. LINN and ELIZABETH A. HOMOLASH now ELIZABETH A. LINN, by marriage by Indenture bearing date January 21, 2005 and recorded January 27, 2005 in the Office of the Recorder of Deeds, in and for the County of CUMBERLAND Deed Book No. 267, page 1576 etc., granted and conveyed unto CHRISTOPHER C. LINN and ELIZABETH A. LINN, HIS WIFE, in fee. PREMISES: 212 WEST KELLER STREET PARCEL: 20-23-0567-148 File #: 169472 VERIFICATION I hereby state that I am the 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 of the pleading, that I am 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 my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. ttorney for Plai tiff' DATE: $ bl Vt A3 ro yt. w HELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 PHH MORTGAGE CORPORATION Plaintiff VS. JERILYN R. MULHOLLAND JOSHUA J. MULHOLLAND Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-4690-CIVIL TERM CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: ?.-- Francis-3. Hallinan, Esquire Date: 8/20/08 PHS #: 169472 VERIFICATION #/QyC- 411k(l hereby states that he/she is U 1 a Pri• S of PHH MORTGAGE CORPORATION, servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her 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. DATE: (9113&6 )IN G &A- rNam4A0-,,-C Title: V ) b OfINVI Company: PHH MORTGAGE CORPORATION Loan:0034120444 File #: 169472 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 PHH MORTGAGE CORPORATION Plaintiff VS. JERILYN R. MULHOLLAND JOSHUA J. MULHOLLAND Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION : NO. 08-4690-CIVIL TERM CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: JERILYN R. MULHOLLAND 212 WEST KELLER STREET MECHANICSBURG, PA 17055-6316 JOSHUA J. MULHOLLAND 212 WEST KELLER STREET MECHANICSBURG, PA 1 7055-63 1 6 Phelan HalIinan & Schmieg, LLP Attorney for Plaintiff By: Francis . Hallinan, Esquire Date: 8/20/08 - <' < SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-04690 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS MULHOLLAND JERILYN R 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 MULHOLLAND JERILYN R but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND as to the within named DEFENDANT MULHOLLAND JERILYN R 212 W KELLER STREET .w MECHANICSBURG, PA 17055 .ii GIVEN ADDRESS IS VACANT. SERVICE WAS ALSO ATTEMPTED AT 612 HERITAGE COURT MECHANICSBURG. Sheriff's Costs: Docketing 18.00 Service 20.00 Not Found 5.00 Surcharge 10.00 Q/, fl 00 53.00 So answers : S of Cumberland County ffEHALLINAN . Thomas Kline P SCHMIEG 09/05/2008 Sworn and Subscribed to before me this day of A. D. ..rr? -Woo SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-04690 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS MULHOLLAND JERILYN R 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 MULHOLLAND JOSHUA J but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT NOT FOUND , as to MULHOLLAND JOSHUA J 212 W KELLER STREET MECHANICSBURG, PA 17055 GIVEN ADDRESS IS VACANT. SERVICE WAS ALSO ATTEMPTED AT 612 HERITAGE COURT MECHANICSBURG. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 911i/oF (?? .00 21.00 So answers : R. Thomas Kline he iff of Cumberland County HELAN HALLINAN SCHMIEG 09/05/2008 Sworn and Subscribed to before me this day of A. D. -MONO .. it -WM* ..rw? Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff VS. JERILYN R. MULHOLLAND JOSHUA J. MULHOLLAND Defendants TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 08-4690-CIVIL TERM Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: October 27, 008 PHELAN HAL INAN & SCHMIEG, LLP C?Z By: F NCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff /cvc, Svc Dept. File# 169472 --a.- "h 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 Caroline.Cinquino@fedphe.com PHH Mortgage Corporation VS. Jerilyn R. Mulholland Joshua J. Mulholland Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 08-4690 Civil Term 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 Complaint and all future pleadings upon the above-captioned Defendants, Jerilyn R. Mulholland and Joshua J. Mulholland, by first class mail and certified mail to the Defendant's last known address, 612 Heritage Court, Mechanicsburg, PA 17050 and mortgaged premises, 212 West Keller Street, Mechanicsburg, PA 17055, posting of the mortgaged premises, 212 West Keller Street, Mechanicsburg, PA 17055, and publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: 1. Attempts to serve Defendants, Jerilyn R. Mulholland and Joshua J. Mulholland, personally with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendants at the mortgaged premises, 212 West Keller Street, Mechanicsburg, PA 17055. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", said property is vacant. 2. The Sheriff of Cumberland County also attempted to serve the Defendants at the last known address, 612 Heritage Court, Mechanicsburg, PA 17050. As indicated by 3 the Sheriffs Return of Service attached hereto as Exhibit "A", the Defendants could not be located. 3. Pursuant to Pa. R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendants. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". 4. Plaintiff contacted the Prothontary's Office and as of November 5, 2008, no Judge has previously entered a ruling in this case. 5. 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 Defendants on October 27, 2008 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendants'. A true and correct copy of Plaintiff s October 27, 2008 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 6. Plaintiff submits that it has made a good faith effort to locate the Defendants, Jerilyn R. Mulholland and Joshua J. Mulholland, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the premises and by publication. Respectfully submitted, k leg, By: Daniel leg, Esquire Attorneys for Plaintiff November 5, 2008 4 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 Caroline.Cinquino@fedphe.com Attorney for Plaintiff PHH Mortgage Corporation Court of Common Pleas Civil Division vs. Cumberland County Jerilyn R. Mulholland No. 08-4690 Civil Term Joshua J. Mulholland MEMORANDUM OF LAW 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 Defendants 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. (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 5 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 complaint 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 Complaint. A good faith effort to discover the whereabouts of the Defendants 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 Complaint by first class mail, certified mail, by posting of the mortgaged premises and by publication pursuant to Pa. R.C.P. 430. Respectfully submitted, P ieg, By: Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: November 5, 2008 6 Exhibi+ A SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-04690 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS MULHOLLAND JERILYN R 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 unable to locate Him in his bailiwick -1- r -1- ---- n^nn but was He therefore returns the the within named DEFENDANT 212 W KELLER STREET , NOT FOUND , as to MULHOLLAND JOSHUA J ?i arglU MECHANICSBURG, PA 17055 GIVEN ADDRESS IS VACANT. SERVICE WAS ALSO ATTEMPTED AT 612 HERITAGE COURT MECHANICSBURG. Sheriff's Costs: So ans ers: Docketing 6.00 Service .00 Not Found 5.00 R. Thomas Kline ..;, Surcharge 10.00 he iff of Cumberland County -?• .00 21.00 HELAN HALLINAN SCHMIEG 09/05/2008 Sworn and Subscribed to before me this day of , A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-04690 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS MULHOLLAND JERILYN R 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 MULHOLLAND JERILYN R but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT MULHOLLAND JERILYN R 212 W KELLER STREET MECHANICSBURG, PA 17055 GIVEN ADDRESS IS VACANT. SERVICE WAS ALSO ATTEMPTED AT 612 HERITAGE COURT MECHANICSBURG. Sheriff's Costs: So answ s: Docketing 18.00 Service 20.00 Not Found 5.00 Thomas Kline Surcharge 10.00 S er f of Cumberland County .00 53.00 P ELAN HALLINAN SCHMIEG 09/05/2008 Sworn and Subscribed to before me this day of A. D. Exhibv- S FULL SPECTRUM LEGAL SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 169472 Attorney Firm: Phelan, Hallinan & Schmie& LLP Subject: Jerilyn R. Mulholland & Joshua J. Mulholland Current Address: 212 West Keller Street, Mechanicsburg, PA 17055 Property Address: 212 West Keller Street, Mechanicsburg, PA 17055 Mailing Address: 212 West Keller Street, Mechanicsburg, PA 17055 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 Jerilyn R. Mulholland - xxx-xx-4517 Joshua J. Mulholland - xxx-xx-9136 B. EMPLOYMENT SEARCH Jerilyn R. Mulholland & Joshua J. Mulholland - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Jerilyn R. Mulholland & Joshua J. Mulholland reside(s) at: 212 West Keller Street, Mechanicsburg, PA 17055. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which had no listing for Jerilyn R. Mulholland & Joshua J. Mulholland. B. On 07-25-08 our office made a telephone call to the phone number (717) 802-9246 and received the following information: spoke with Joshua J. Mulholland who confirmed that he & Jerilyn R. Mulholland reside(s) at: 212 West Keller Street, Mechanicsburg, PA 17055. III. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 07-25-08 we reviewed the National Address database and found the following information: Jerilyn R. Mulholland - 612 Heritage Court, Mechanicsburg, PA 17050 & Joshua J. Mulholland - 212 West Keller Street, Mechanicsburg, PA 17055. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file05O. IV. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Jerilyn R. Mulholland & Joshua J. Mulholland. V. OTHER INQUIRIES A. DEATH RECORDS As of 07-25-08 Vital Records and all public databases have no death record on file for Jerilyn R. Mulholland & Joshua J. Mulholland. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Jerilyn R. Mulholland & Joshua J. Mulholland residing at: last registered address. VI. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Jerilyn R. Mulholland - 08-05-1978 Joshua J. Mulholland - 03-15-1977 * 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 unsworn falsification to authorities. AFFIANT - Brendan Booth Full Spectrum Legal Services, Inc. Sworn to and subscribed before me this 25th day of July, 2008. The above information is obtained from available public records and we are only liable for the cost of the affidavit. IND COMM NWnA1... m +r Ir pa NO 06JRA Hl.IrG.HINSON Notary 00k C14, if philadelp"!s phils County E,, ;7--,- 14arch 6, N'12 rmWNv ` E)cKi bi+ Q.-I 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 Caroline.Cinquino@fedphe.com Caroline Cinquino, 1254 Representing Lenders in Service Department Pennsylvania and New Jersey October 27, 2008 Jerilyn R. Mulholland and Joshua J. Mulholland 212 West Keller Street Mechanicsburg RE: PHH Mortgage Corporation vs. Jerilyn R. Mulholland and Joshua J. Mulholland Address: 612 Heritage Court, Mechanicsburg, PA 17050 Cumberland County, No. 08-4690 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), 1 am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by October 27, 2008. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, N Caroline Cinquino For Daniel G. Schmieg, Esquire 9 Name and Ad*. y of Sender PHEL,INHALD7VAN& SCHA41EG, LLP One Penn Center at Suburban Station, Suite 1400 1617 John F. Reedy Boulevard l t I '*"* I Jerilyn R. Mulholland and Joshua J. Mulholland, 212 West Keller Street, Mechaniesbur. 2 **** Jerilyn R Mulholland Joshua J. Mulholland, 612 Heritage Court, Mechanicsburg, PA 1' 3 9 m rn I N N *, II Soo N O m LL e, ?iaun o o is • a 12 RE: Jerilyn R Mulholland TEAM 4 - Caroline Cinquili Total Number of Total Number of Pieces Postmaster, Per (Name of Receiving The full declaration of value is required on all domestic and international registered nail. The Pieces Listed by Sender Received at Post Office Employs) maximum indemnity payable far the reconstruction of nonnegotiable documents under Express Mail documcM reeanmuction insurance is $50,000 per piece subject to a limit of $500,000 per occurrence 2 The maximum indemnity payable on Express Mail merchandise is $500. The maximum indemnity payable is $25,000 for registered mail, sent with optional insurance. See Domestic Mail Manuel R900,s913 and S921 for limitations of coverage. 10 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 & Schmieg, Daniel . c mieg, Esquire Attorney for Plaintiff November 5, 2008 7 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 Caroline.Cinquino@fedphe.com Attorney for Plaintiff PHH Mortgage Corporation Court of Common Pleas Civil Division vs. Cumberland County No. 08-4690 Civil Term Jerilyn R. Mulholland Joshua J. Mulholland 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 individuals as indicated below by first class mail, postage prepaid, on the date listed below. Jerilyn R. Mulholland and Joshua J. Mulholland: 212 West Keller Street Mechanicsburg, PA 17055 612 Heritage Court Mechanicsburg, PA 17050 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. Date: November 5, 2008 Respectfully submitted, Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Attorney for Plaintiff 8 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH Mortgage Corporation Civil Division VS. No. 08-4690 Civil Term Jerilyn R. Mulholland Joshua J. Mulholland Nov; 0 7 2004? ORDER AND NOW, this day of , 2008, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendants, Jerilyn R. Mulholland and Joshua J. Mulholland, by: 1. Posting of the premises: 212 West Keller Street, Mechanicsburg, PA 17055. 2. First class mail to Jerilyn R. Mulholland and Joshua J. Mulholland at the last known address, 612 Heritage Court, Mechanicsburg, PA 17050, and the mortgaged premises located at 212 West Keller Street, Mechanicsburg, PA 17055; and 3. Certified mail to Jerilyn R. Mulholland and Joshua J. Mulholland at the last known address, 612 Heritage Court, Mechanicsburg, PA 17050 and the mortgaged premises located at 212 West Keller Street, Mechanicsburg, PA 17055; and 4. Publication in accordance with PA. R.C.P. 430. Cc: Jerilyn R. Mulholland and Joshua J. Mulholland 212 West Keller Street Mechanicsburg Jerilyn R. Mulholland and Joshua J. Mulholland 612 Heritage Court, Mechanicsburg, PA 17050 e? aLLi no?r? 9 \5A ml e 2 BYZHE COURT 4 0 i p°?sA.a ? T C PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG, ESQUIRE IDENTIFICATION NO. 62205 ONE PENN CENTER AT SUBURBAN STATION PHILADELPHIA, PA 19103 (215) 563-7000 PHH Mortgage Corporation Attorney For Plaintiff Court Of Common Pleas Civil Division V. Jerilyn Mulholland Joshua J. Mulholland NO. 08-4690-Civvl Term Cumberland County PRAECIPE TO WITHDRAW MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT and VACATE COURT ORDER DATED NOVEMBER 14.2008, WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly withdraw the Motion for Service of Notice of Sale Pursuant to Special Order of Court which was filed on or about November 6, 2008, and kindly vacate the Court Order dated November 14, 2008 without prejudice as said motion was filed and granted during a Bankruptcy stay. January 22, 2009 PUS#: 169472 -Cc _ ? }^• • J . Y L.L, LL. C ?' CJ N 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 Jason.ricco@fedphe.com PHH Mortgage Corporation VS. Jerilyn R. Mulholland Joshua J. Mulholland Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 08-4690 Civil Term 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 Complaint and all future pleadings upon the above-captioned Defendants, Jerilyn R. Mulholland and Joshua J. Mulholland, by first class mail and certified mail to the Defendant's last known address, 612 Heritage Court, Mechanicsburg, PA 17050 and mortgaged premises, 212 West Keller Street, Mechanicsburg, PA 17055, posting of the mortgaged premises, 212 West Keller Street, Mechanicsburg, PA 17055, and publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: 1. Attempts to serve Defendants, Jerilyn R. Mulholland and Joshua J. Mulholland, personally with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendants at the mortgaged premises, 212 West Keller Street, Mechanicsburg, PA 17055. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", said property is vacant. 1 t 2. The Sheriff of Cumberland County also attempted to serve the Defendants at the last known address, 612 Heritage Court, Mechanicsburg, PA 17050. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", the Defendants could not be located. 3. Pursuant to Pa. R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendants. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". 4. Plaintiff, through its Counsel, filed a Motion for Special Service on or about November 6, 2008. Said motion was reviewed by this Honorable Court and an Order was granted November 14, 2008. Attached hereto as Exhibit "C", is a copy of the said Motion and Granted Court Order. 5. Plaintiff s November 6, 2008 Motion and November 14, 2008 Court Order have been withdrawn as they were filed during a Bankruptcy stay. Attached hereto as Exhibit "D" is a copy of the Praecipe withdrawing the Motion and Court Order. 6. Attached hereto as Exhibit "E" you will find proof that a chapter 7 bankruptcy was filed on October 31, 2008 and relief was granted December 1, 2008. 7. 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 Defendants on January 22, 2009 and requested Defendant's concurrence. 8. Plaintiff submits that it has made a good faith effort to locate the Defendants, Jerilyn R. Mulholland and Joshua J. Mulholland but has been unable to do so. 1 i WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the premises and by publication. Respectfull s5 mi e c e LLP B Daniel G. Schmieg, Esquire Attorneys for Plaintiff Date: February 18, 2009 1 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 jason.ricco@fedphe.com Attorney for Plaintiff PHH Mortgage Corporation Court of Common Pleas Civil Division VS. Cumberland County Jerilyn R. Mulholland No. 08-4690 Civil Term Joshua J. Mulholland MEMORANDUM OF LAW 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 Defendants 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 anew 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. 2 (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 complaint 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 Complaint. A good faith effort to discover the whereabouts of the Defendants 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 Complaint by first class mail, certified mail, by posting of the mortgaged premises and by publication pursuant to Pa. R.C.P. 430. Respectfully submitted, Phe ie By: Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: February 18, 2009 1 ?-'? ? ` i ??_ ? "T1 -? _ c.? €?,? -- r -?-? r _ ?. c. *? ?"` s:.. CASE NO: 2008-04690 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I PHH MORTGAGE CORPORATION VS MULHOLLAND JERILYN R 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 MULHOLLAND JOSHUA J but was unable to locate Him in his bailiwick. He therefore returns the A/111 T1T ]T1TT ll!'1T1T T/YT TI the within named DEFENDANT NOT FOUND , as to MULHOLLAND JOSHUA J 212 W KELLER STREET MECHANICSBURG, PA 17055 GIVEN ADDRESS IS VACANT. SERVICE WAS ALSO ATTEMPTED AT 612 HERITAGE COURT MECHANICSBURG. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 So ^M? R . Thomas Kline .?he iff of Cumberland Countyy HELAN HALLINAN SCHMIEG 09/05/2008 Sworn and Subscribed to before me this day of A. D. CASE NO: 2008-04.690 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS MULHOLLAND JERILYN R 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 MULHOLLAND JERILYN R but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT NOT FOUND , as to MULHOLLAND JERILYN R 212 W KELLER STREET MECHANICSBURG, PA 17055 GIVEN ADDRESS IS VACANT. SERVICE WAS ALSO ATTEMPTED AT 612 HERITAGE COURT MECHANICSBURG. Sheriff's Costs: So answ s: Docketing 18.00 Service 20.00 Not Found 5.00 Thomas Kline Surcharge 10.00 S er' f of Cumberland County s Mini .00 53.00 P LAN HALLINAN SCHMIEG 09/05/2008 Sworn and Subscribed to before me this day of , A. D. +;i f q FULL SPECTRUM LEGAL SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 169472 Attorney Firm: Phelan, Hallinan & Schmie& LLP Subject: Jerilyn R. Mulholland & Joshua J. Mulholland Current Address: 212 West Keller Street, Mechanicsburg, PA 17055 Property Address: 212 West Keller Street, Mechanicsburg, PA 17055 Mailing Address: 212 West Keller Street, Mechanicsburg, PA 17055 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 Jerilyn R. Mulholland - xxx-xx-4517 Joshua J. Mulholland - xxx-xx-9136 B. EMPLOYMENT SEARCH Jerilyn R. Mulholland & Joshua J. Mulholland - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Jerilyn R. Mulholland & Joshua J. Mulholland reside(s) at 212 West Keller Street, Mechanicsburg, PA 17055. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which had no listing for Jerilyn R. Mulholland & Joshua J. Mulholland. B. On 07-25-08 our office made a telephone call to the phone number (717) 802-9246 and received the following information: spoke with Joshua J. Mulholland who confirmed that he & Jerilyn R. Mulholland reside(s) at: 212 West Keller Street, Mechanicsburg, PA 17055. III. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 07-25-08 we reviewed the National Address database and found the following information: Jerilyn R. Mulholland - 612 Heritage Court, Mechanicsburg, PA 17050 & Joshua J. Mulholland - 212 West Keller Street, Mechanicsburg, PA 17055. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file050. IV. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Jerilyn R. Mulholland & Joshua J. Mulholland. V. OTHER INQUIRIES A. DEATH RECORDS As of 07-25-08 Vital Records and all public databases have no death record on file for Jerilyn R. Mulholland & Joshua J. Mulholland. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Jerilyn R. Mulholland & Joshua J. Mulholland residing at: last registered address. VI. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Jerilyn R. Mulholland - 08-05-1978 Joshua J. Mulholland - 03-15-1977 * 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 unworn falsification to authorities. AFFIANT - Brendan Booth Full Spectrum Legal Services, Inc. Sworn to and subscribed before me this 25th day of July, 2008. The above information is obtained from available public records and we are only liable for the cost of the affidavit. IND 3 NOV: 0 7 2008 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH Mortgage Corporation Civil Division VS. No. 08-4690 Civil Term Jerilyn R. Mulholland Joshua J. Mulholland ORDER AND NOW, this day of , 2008, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that. Plaintiff may obtain service of the Complaint and all future pleadings on Defendants, Jerilyn R. Mulholland and Joshua J. Mulholland, by: 1. Posting of the premises: 212 West Keller Street, Mechanicsburg, PA 17055. 2. First class mail to Jerilyn R. Mulholland and Joshua J. Mulholland at the last known address, 612 Heritage Court, Mechanicsburg, PA 17050, and the mortgaged premises located at 212 West Keller Street, Mechanicsburg, PA 17055; and 3. Certified mail to Jerilyn R. Mulholland and Joshua J. Mulholland at the last known address, 612 Heritage Court, Mechanicsburg, PA 17050 and the mortgaged premises located at 212 West Keller Street, Mechanicsburg, PA 17055; and 4. Publication in accordance with PA. R.C.P. 430. BY COURT Cc: Jerilyn R. Mulholland and Joshua J. Mulholland J. 212 West Keller Street Mechanicsburg Jerilyn R. Mulholland and Joshua J. Mulholland 612 Heritage Court, Mechanicsburg, PA 17050 2 PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 Phone: 215-563-7000 Fax: 215-563-7009 Email: Caroline.Cinquino@fedphe.com Caroline Cinquino, Ext 1254 November 5, 2008 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 &Z'rcOpy Representing Lenders in Pennsylvania and New Jersey Re: PHH Mortgage Corporation vs. Jerilyn R. Mulholland and Joshua J. Mulholland Cumberland County, No. 08-4690 Civil Term Dear Sir or Madam: Enclosed for filing and transmittal to the assigned Civil Signing Judge for execution, please find Plaintiff s Motion for Service Pursuant to Special Order of Court, Memorandum of Law, proposed Order and attached exhibits. Kindly return a time-stamped copy in the enclosed self-addressed stamped envelope. If, for any reason, this Order and Petition will not be sent immediately to a Judge for consideration, please contact the undersigned. Also, find attached a copy of the Order granting alternative service, which should be signed by the Judge. Please return this signed Order in the attached stamped self- addressed envelope. Thank you for your courtesy and consideration. v truly yours, t1 i n e Qi n q ' for Phelan, Hallinan & Schmieg LLP Enclosure 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH Mortgage Corporation VS. Jerilyn R. Mulholland Joshua J. Mulholland Civil Division No. 08-4690 Civil Term ORDER AND NOW, this day of: 2008, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendants, Jerilyn R. Mulholland and Joshua J. Mulholland, by: 1. Posting of the premises: 212 West Keller Street, Mechanicsburg, PA 17055. 2. First class mail to Jerilyn R. Mulholland and Joshua J. Mulholland at the last known address, 612 Heritage Court, Mechanicsburg, PA 17050, and the mortgaged premises located at 212 West Keller Street, Mechanicsburg, PA 17055; and 3. Certified mail to Jerilyn R. Mulholland and Joshua J. Mulholland at the last known address, 612 Heritage Court, Mechanicsburg, PA 17050 and the mortgaged premises located at 212 West Keller Street, Mechanicsburg, PA 17055; and 4. Publication in accordance with PA. R.C.P. 430. BY THE COURT: Cc: Jerilyn R. Mulholland and Joshua J. Mulholland J. 212 West Keller Street Mechanicsburg Jerilyn R. Mulholland and Joshua J. Mulholland 612 Heritage Court, Mechanicsburg, PA 17050 2 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 Caroline.Cinquino@fedphe.com Attorney for Plaintiff PHH Mortgage Corporation Court of Common Pleas Civil Division vs. Cumberland County Jerilyn R. Mulholland No. 08-4690 Civil Term Joshua J. Mulholland 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 Complaint and all future pleadings upon the above-captioned Defendants, Jerilyn R. Mulholland and Joshua J. Mulholland, by first class mail and certified mail to the Defendant's last known address, 612 Heritage Court, Mechanicsburg, PA 17050 and mortgaged premises, 212 West Keller Street, Mechanicsburg, PA 17055, posting of the mortgaged premises, 212 West Keller Street, Mechanicsburg, PA 17055, and publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: 1. Attempts to serve Defendants, Jerilyn R. Mulholland and Joshua J. Mulholland, personally with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendants at the mortgaged premises, 212 West Keller Street, Mechanicsburg, PA 17055. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", said property is vacant. 2. The Sheriff of Cumberland County also attempted to serve the Defendants -. .. ?' ? ..e,w.w:Fi:.i.?a? .,.(.?'Yr4?M1dw4-«.Pt+ .?i?'^:+.I-?r` ,; .. :. .. ... -.. ,?.. .... ... ., u4?4..?„.?i?. ?,? ....-.....:. ,.?.5ae4.-?; :..?...< ....: ..:YU,.aaf•:/J::ESr..i:. at the last known address, 612 Heritage Court, Mechanicsburg, PA 17050. As indicated by 3 the Sheriffs Return of Service attached hereto as Exhibit "A", the Defendants could not be located. 3. Pursuant to Pa. R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendants. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". 4. Plaintiff contacted the Prothontary's Office and as of November 5, 2008, no Judge has previously entered a ruling in this case. 5. 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 Defendants on October 27, 2008 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendants'. A true and correct copy of Plaintiffs October 27, 2008 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 6. Plaintiff submits that it has made a good faith effort to locate the Defendants, Jerilyn R. Mulholland and Joshua J. Mulholland, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the premises and by publication. Respectfully submitted, eg, By: Danie ieg, Esquire Attorneys for Plaintiff November 5, 2008 4 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 Caroline.Cinquino@fedphe.com Attorney for Plaintiff PHH Mortgage Corporation Court of Common Pleas Civil Division vs. Cumberland County Jerilyn R. Mulholland No. 081690 Civil Term Joshua J. Mulholland MEMORANDUM OF LAW 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 Defendants and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fad 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." AdQption of Walker. 468 Pa 165, 360 A.2d 603 (3976). An illustration of good faith effort to locate the defendant includes (I) inquires of postal authorities including inquiries pursuant to the Freedom of Information Ad, 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 to records, and motor vehicle records. (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 5 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 complaint 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 Complaint. A good faith effort to discover the whereabouts of the Defendants 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 Complaint by fast class mail, certified mail, by posting of the mortgaged premises and by publication pursuant to Pa. R.C.P. 430. Respectfully submitted, eg, 7By: Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: November 5, 2008 6 CASE NO: 2008-04690 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS MULHOLLAND JERILYN R 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 unable to locate Him in his bailiwick. A I11f TT '1? T11tT? 1111T1T T1/1T]T but was He therefore returns the , NOT FOUND , as to the within named DEFENDANT , MULHOLLAND JOSHUA J 212 W KELLER STREET MECHANICSBURG, PA 17055 GIVEN ADDRESS IS VACANT. SERVICE WAS ALSO ATTEMPTED AT 612 HERITAGE COURT MECHANICSBURG. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 R. Thomas Kline f of Cumberland County PHELAN HALLINAN SCHMIEG 09/05/2008 Sworn and Subscribed to before me this day of A. D. So answers : .w i .?I CASE NO: 2008-04.690 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS MULHOLLAND JERILYN R 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 MULHOLLAND JERILYN R but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE 41 the within named DEFENDANT NOT FOUND , as to , MULHOLLAND JERILYN R 212 W KELLER STREET MECHANICSBURG, PA 17055 GIVEN ADDRESS IS VACANT. SERVICE WAS ALSO ATTEMPTED AT 612 HERITAGE COURT MECHANICSBURG. Sheriff's Costs: So Docketing 18.00 Service 20.00 Not Found _ 5.00 .Surcharge 10.00 S i 1lV aalca? L\11IAG of Cumberland County 53.00 PHELAN HALLINAN SCHMIEG 09/05/2008 .Ida Sworn and Subscribed to before me this day of A.D. ...` .fit FULL SPECTRUM LEGAL SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 169472 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Jerilyn R. Mulholland & Joshua J. Mulholland Current Address: 212 West Keller Street, Mechanicsburg, PA 17055 Property Address: 212 West Keller Street, Mechanicsburg, PA 17055 Mailing Address: 212 West Keller Street, Mechanicsburg, PA 17055 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 Jerilyn R. Mulholland - xxx-xx-4517 Joshua J. Mulholland - xxx-xx-9136 B. EMPLOYMENT SEARCH Jerilyn R. Mulholland & Joshua J. Mulholland - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Jerilyn R. Mulholland & Joshua J. Mulholland reside(s) at: 212 West Keller Street, Mechanicsburg, PA 17055. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which had no listing for Jerilyn R. Mulholland & Joshua J. Mulholland. B. On 07-25-08 our office made a telephone call to the phone number (717) 802-9246 and received the following information: spoke with Joshua J. Mulholland who confirmed that he & Jerilyn R. Mulholland reside(s) at: 212 West Keller Street, Mechanicsburg, PA 17055. III. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 07-25-08 we reviewed the National Address database and found the following information Jerilyn R. Mulholland - 612 Heritage Court, Mechanicsburg, PA 17050 & Joshua J. Mulholland - 212 West Keller Street, Mechanicsburg, PA 17055. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file050. TV. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Jerilyn R. Mulholland & Joshua J. Mulholland. V. OTHER INQUIRIES A. DEATH RECORDS As of 07-25-08 Vital Records and all public databases have no death record on file for Jerilyn R. Mulholland & Joshua J. Mulholland. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Jerilyn R. Mulholland & Joshua J. Mulholland residing at: last registered address. VI. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Jerilyn R. Mulholland - 08-05-1978 Joshua J. Mulholland - 03-15-1977 * 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 unsworn falsification to authorities. 3L AFFIANT - Brendan Booth Full Spectrum Legal Services, Inc. Sworn to and subscribed before me this 25th day of July, 2008. The above information is obtained from available public records and we are only liable for the cost of the affidavit IND ffr-tW rgeWaan NOTAWAt $EA' MAURA HUT CHINSON 400Y alm %-,A I qyW.' L 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 Caroline.Cinquino@fedphe.com Caroline Cinquino,1254 Service Department Representing Lenders in Pennsylvania and New Jersey October 27, 2008 Jerilyn R Mulholland and Joshua J. Mulholland 212 West Keller Street Mechanicsburg RE: PHH Mortgage Corporation vs. Jerilyn R Mulholland and Joshua J. Mulholland Address: 612 Heritage Court, Mechanicsburg, PA 17050 Cumberland County, No. 084690 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 October 27, 2008. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Caroline Cinquino For Daniel G. Schmieg, Esquire 9 Noss mad A&V,. ofSesder PIMUNHALLMN&SWAfiM LLP One Paw Cadsrd S mbwbm SUdm Stars 1400 i¢s7 Joan r. s•aa dy Donlevaxd and 1• V! V ? ?p e ?1 00 =.a..- y= ^. ITIumuurnu TEAM 4- CamUm Cli 7 Pows"WPa(NwQCR WmS Mdedwodm vdwb oe.d Poop Mad by Saks Reodved A 21 OlRoe Bipibyco wedwim i l 'l i g l' br dr oaeoeatro?i Z dooawak wo0weieotiw bewrre b t>0 pOS??aa ILe waerbmw isiwgW pw" as Bipaw so P?0 S2fJ000lr_wail,amtWa 8900,5913=d5911 hFpadpdmadovvu 10 i?? daaaraeb ?o?aeww?eoe modoW n is Oft The mrdwwe bdmdly dart brwaeoe See Doweade Map Mmd 'Alf o 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 & Schmieg, Daniel G.-SUffiffeg, Esquire Attorney for Plaintiff November 5, 2008 .. 7 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 Caroline.Cinquino@fedphe.com Attorney for Plaintiff PHH Mortgage Corporation Court of Common Pleas Civil Division vs. Cumberland County No. 08-4690 Civil Term Jerilyn R. Mulholland Joshua J. Mulholland 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 Respectfully submitted, individuals as indicated below by first class mail, postage prepaid, on the date listed below. Jerilyn R. Mulholland and Joshua J. Mulholland: 212 West Keller Street Mechanicsburg, PA 17055 612 Heritage Court Mechanicsburg, PA 17050 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. Date: November 5, 2008 Phelan Hallinan & LLP 8 Daniel G. Schmieg, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG, ESQUIRE IDENTIFICATION NO. 62205 ONE PENN CENTER AT SUBURBAN STATION PHILADELPHIA, PA 19103 (215) 563-7000 ,-- PHH Mortgage Corporation Attorney For Plaintiff Court Of Common Pleas m Civil Division V. - w, NO. 08-4690-.Ciivl Term = Jerilyn Mulholland ? Joshua J. Mulholland Cumberland Cou`i? 1 0 PRAECIPE TO WITHDRAW MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT and VACATE COURT ORDER DATED NOVEMBER 14, 2008, WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly `withdV"e Motion for Service of Notice of Sale Pursuant to Special Order of V ?? .. a Cou 'k}vas, d q or about November 6, 2008, and kindly vacate the Court Order dated Novjr *)D?44', 2608 without prejudice as said motion was filed and granted during a Bankruptcy stay. January 22, 2009 PHS#: 169472 'LL; ii Ali USBC PAM - LIVE - VERSION 3.2L Page I of 4 34111eld, CREDS, MEANSNO U.S. Bankruptcy Court Middle District of Pennsylvania (Harrisburg) Bankruptcy Petition #: 1:08-bk-04093-RNO Assigned to: Honorable Robert N Opel II Chapter 7 Voluntary No asset Date Filed: 10/31/2008 Debtor Jerilyn R. Mulholland 612 Heritage Court Mechanicsburg, PA 17050 SSN / ITIN: xxx-xx-4517 aka Jeri Mulholland aka Jerilyn R. Mosher aka Jeri Mosher Trustee Markian R Slobodian (Trustee) 801 North Second Street Harrisburg, PA 17102 717 232-5180 Asst. U.S. Trustee United States Trustee PO Box 969 Harrisburg, PA 17108 717 221-4515 represented by Craig A. Diehl 3464 Trindle Road Camp Hill, PA 17011-4436 717 763-7613 Fax : 717 763-8293 Email: cdiehl@cadiehllaw.com Filing Date # Docket Text Chapter 7 Voluntary Petition. Filing fee due in the amount of $ 299.00 Filed by Craig A. Diehl on behalf of Jerilyn R. 10/31/2008 Mulholland. (Diehl, Craig) (Entered: 10/31/2008) Matrix filed/Creditor List Uploaded. (There is no image or paper document associated with this entry.) Filed by Craig A. Diehl on behalf of Jerilyn R. Mulholland (RE: related document(s) 1 ). 10/31/2008 2 (Diehl, Craig) (Entered: 10/31/2008) https:Hecf pamb.uscourts.gov/cgi-bin/DktRpt.pl?937576819556778-L_ 187_0-1 1/5/2009 USBC PAM - LIVE - VERSION 3.21, Page 2 of 4 Receipt of Voluntary Petition (Chapter 7)(1:08-bk-04093) [misc,volp7a] ( 299.00) filing fee. Receipt number 3197703, 10/31/2008 amount $ 299.00. (U.S. Treasury) (Entered: 10/31/2008) Certificate of Credit Counseling Filed by Craig A. Diehl on behalf of Jerilyn R. Mulholland (RE: related document(s) 1 ). 10/31/2008 3 (Diehl, Craig) (Entered: 10/31/2008) 10/31/2008 FeeDueBK flag removed. (CashReg) (Entered: 11/03/2008) Review of Means Test Form B22A - (There is no image or paper 11/03/2008 4 document associated with this entry.) (BR) (Entered: 11/03/2008) Notice of missing documents (RE: related document(s) 1 ). (BR) 11/03/2008 5 (Entered: 11/03/2008) Trustee Markian R Slobodian (Trustee) added to case.. (There is no image or paper document associated with this entry.) Filed by United States Trustee. (united states trustee(ks)) (Entered: 11/04/2008 11/04/2008) Tentative Date for Meeting of Creditors. THIS IS SUBJECT TO CHANGE.. 12/9/2008 at 08:30 AM. (RCP) (Entered: 11/05/2008 11/05/2008) Employee Income Records (Payment Advices) Filed by Craig A. Diehl on behalf of Jerilyn R. Mulholland. (Diehl, Craig) (Entered: 11/05/2008 6 11/05/2008) BNC Certificate of Mailing of Notice of Deficient Filing (Missing Documents) (RE: related document(s) 5 ). Service Date 11/05/2008 7 11/05/2008. (Admin.) (Entered: 11/06/2008) Motion for Relief from Stay with Certificate of Non- Concurrence. Filing fee due in the amount of $ 150.00 Filed by Joseph P Schalk of Phelan Hallinan & Schmieg, LLP on behalf of PHH MORTGAGE CORPORATION,. (Attachments: # 1 Certificate of Nonconcurrence# 2 Proposed Order) (Schalk, 11/11/2008 8 Joseph) (Entered: 11/11/2008) Receipt of Motion for Relief From Stay(1:08-bk-04093-RNO) [motion,mrlfsty] ( 150.00) filing fee. Receipt number 3216683, 11/12/2008 amount $ 150.00. (U.S. Treasury) (Entered: 11/12/2008) Order RE: Motion for Relief from Stay (RE: related document(s) 8 ). Answers are due on: 11/27/2008. Hearing scheduled for 12/4/2008 at 10:00 AM at 3rd & Walnut Sts., Bankruptcy https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?937576819556778-L_187_0-1 1/5/2009 USBC PAM - LIVE - VERSION 3.21, Page 3 of 4 Courtroom (3rd Floor), Ronald Reagan Federal Building, 11/12/2008 9 Harrisburg, PA. (BR) (Entered: 11/12/2008) 11/12/2008 FeeDueRFS flag removed. (CashReg) (Entered: 11/13/2008) Certificate of Service for the Motion for Relief from Stay and Order Setting Hearing on Motion Filed by Joseph P Schalk of Phelan Hallinan & Schmieg, LLP on behalf of PHH MORTGAGE CORPORATION, (RE: related document(s) 8 , 9 ). 11/13/2008 10 (Schalk, Joseph) (Entered: 11/13/2008) Request to BNC - Meeting of Creditors . 341(a) meeting to be held on 12/9/2008 at 09:00 AM at Federal Bldg, Trustee Hearing Rm, Rm 1160, 11th Fl, 228 Walnut St, Harrisburg, PA. Last day to oppose discharge or dischargeability is 2/7/2009. (RCP) 11/13/2008 11 (Entered: 11/13/2008) Amendment to Schedules: Schedule D . Filing fee due in the amount of $ 26.00 Filed by Craig A. Diehl on behalf of Jerilyn R. Mulholland (RE: related document(s) 1 ). (Diehl, Craig) (Entered: 11/14/2008 12 11/14/2008) Amendment to Schedule A Filed by Craig A. Diehl on behalf of Jerilyn R. Mulholland (RE: related document(s) 1 ). (Diehl, 11/14/2008 13 Craig) (Entered: 11/14/2008) Amendment to Chapter 7 Individual Debtor's Statement of Intentions Filed by Craig A. Diehl on behalf of Jerilyn R. Mulholland (RE: related document(s) 1 ). (Diehl, Craig) (Entered: 11/14/2008 14 11/14/2008) BNC Certificate of Mailing of 341 Meeting Notice (Chapter 7) (RE: related document(s) 11 ). Service Date 11/15/2008. 11/15/2008 15 (Admin.) (Entered: 11/16/2008) Order re: filing fee due in the amount of $ 26.00. (RE: related document(s) 12 ). Fee due on: 11/24/2008. (BR) (Entered: 11/17/2008 16 11/17/2008) Receipt of Amendment to Schedules (Fee)(1:08-bk-04093-RNO) [misc,amdsch] ( 26.00) filing fee. Receipt number 3227167, 11/17/2008 amount $ 26.00. (U.S. Treasury) (Entered: 11/17/2008) Order Granting Motion for Relief from Stay. (RE: related 12/01/2008 17 document(s) a). (BR) (Entered: 12/02/2008) Certification that 341 Meeting of Creditors Held (Ch. 7) on https://eef.pamb.uscourts.gov/cgi-bin/DktRpt.pl?937576819556778-L_187_0-1 1/5/2009 USBC PAM - LIVE - VERSION 3.2L 12/17/2008 12/22/2008 18 Page 4 of 4 12/09/08. Trustee's Report of No Distribution: Trustee requests discharge and certifies under FRBP 5009: the estate has been fully administered; I have neither received nor distributed any non-exempt property; I have diligently inquired about the debtor (s) financial affairs and location of estate property. The estate has no non-exempt property to distribute. (There is no image or paper document associated with this entry.). (slobodian6h), Markian) (Entered: 12/17/2008) Certificate of Financial Management Course Filed by Craig A. Diehl on behalf of Jerilyn R. Mulholland. (Diehl, Craig) (Entered: 19 12/22/2008) PACER Service Center Transaction Receipt 01/05/2009 12:22:26 PACER Login: fp0039 Client lCode: Description: Docket Report Search Criteria: 1:08-bk-04093-RNO Fil or Ent: filed Doc From: 0 Doc To: 99999999 Term: included Format: html Billable Pages: ? 0.16 https://ecf pamb.uscourts.gov/cgi-bin/DktRpt.pl?937576819556778-L_187_0-1 1/5/2009 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: JERILYN R. MULHOLLAND A/K/A JERI MOSHER Bk. No. 1:08-bk-04093 RNO A/K/A JERILYN R. MOSHER A/K/A JERI MULHOLLAND Chapter No. 07 Debtor PHH MORTGAGE CORPORATION Movant 11 U.S.C. §362 V. JERILYN R. MULHOLLAND A/K/A JERI MOSHER A/K/A JERILYN R. MOSHER A/K/A JERI MULHOLLAND Respondent and MARKIAN R. SLOBODIAN, ESQUIRE (TRUSTEE) Respondents ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of PHH MORTGAGE CORPORATION (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 U.S.C. §362 is modified with respect to premises 212 WEST KELLER STREET, MECHANICSBURG, PA 17055-6316, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriff's Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises. By the Court, (RA U. v Dated: December 1, 2008 Rokrt N. C44 A BXldrUPtq JUt (DO) This domment it etectrontcatly signed and ftted on the same date. Case 1:08-bk-04093-RNO Doc 17 Filed 12/01/08 Entered 12/02/08 08:24:28 Desc Main Document Page 1 of 1 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, P lli , c ieg, P By: Daniel . Schmieg, Esquire Attorney for Plaintiff February 18, 2009 2 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 Jason.ricco@fedphe.com Attorney for Plaintiff PHH Mortgage Corporation Court of Common Pleas Civil Division vs. Cumberland County No. 08-4690 Civil Term Jerilyn R. Mulholland Joshua J. Mulholland 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 individuals as indicated below by first class mail, postage prepaid, on the date listed below. Jerilyn R. Mulholland and Joshua J. Mulholland: 212 West Keller Street Mechanicsburg, PA 17055 612 Heritage Court Mechanicsburg, PA 17050 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 By: Daniel G. Schmieg, Esquire Date: February 18, 2009 Attorney for Plaintiff 3 t`r? {w! '`r'S ..-i L ?? e 4. .v ..; r.? ., E_, , Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff VS. JERILYN R. MULHOLLAND JOSHUA J. MULHOLLAND Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY : No. 08-4690-CIVIL TERM PRAECIPE TO REINSTATECIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil. Action in Mortgage Foreclosure with reference to the above captioned matter. Date: February 18, 2009 P ELAN HALLINAN & SCHMIEG, LLP By: s . Francis S. Hallinan, Esquire Lawrence T. Phelan, Esquire Daniel G. Schmieg, Esquire Attorneys for Plaintiff /jmr, Svc Dept. File# 169472 c ?' ? -cJ ? w C ?? t'- :. r,? ? ? .. ? -? _ ?, -? 7?;`' ?, iM ?1 c:. = a IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH Mortgage Corporation vs. Jerilyn R. Mulholland Joshua J. Mulholland 3d AND NOW, this Civil Division No. 08-4690 Civil Term ORDER day of FEB 2 7 20004 2009, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendants, Jerilyn R. Mulholland and Joshua J. Mulholland, by: 1. Posting of the premises: 212 West Keller Street, Mechanicsburg, PA 17055. 2. First class mail to Jerilyn R. Mulholland and Joshua J. Mulholland at the last known address, 612 Heritage Court, Mechanicsburg, PA 17050, and the mortgaged premises located at 212 West Keller Street, Mechanicsburg, PA 17055; and 3. Certified mail to Jerilyn R. Mulholland and Joshua J. Mulholland at the last known address, 612 Heritage Court, Mechanicsburg, PA 17050 and the mortgaged premises located at 212 West Keller Street, Mechanicsburg, PA 17055; and 4. Publication in accordance with PA. R.C.P. 430. THE COURT: Cc: Jerilyn R. Mulholland and Joshua J. Mulholland J. 212 West Keller Street Mechanicsburg Jerilyn R. Mulholland and Joshua J. Mulholland 612 Heritage Court, Mechanicsburg, PA 17050 phs169472 3 2 Lie 531'wy?C ??WAIASOQO C 1:4 w E- IW 40 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 3 227 Francis S. Hallinan, Esq., Id. No. 6 695 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 ? 15-561-7000 ATTORNEY FOR PLAINTIFF PHH MORTGAGE CORPO TION Plaintiff VS. JERILYN R. MULHO JOSHUA J. MULHOL Defendants TO THE PROTHONOTAR Kindly reinstate the captioned matter. COURT OF COMMON PLEAS CIVIL DIVISION °. CUMBERLAND COUNTY No. 08-4690-CIVIL TERM --ivil Action in Mortgage Foreclosure with reference to the above PHELAN HALLINAN & F cis S. Hallinan, Esc&e wrence T. Phelan, squir, aniel G. Schmieg, Esquire Attorneys for Plaintiff Date: April 9, 2009 /jrm, Svc Dept. File# 169472 '/TI -\ (:?P 2009 APR 11 3 AM 10=- 4 5 i PE lMI 7{ JF / ?IVwOd ?? - ;, c l - 2 .US-S16 Sheriffs Office of Cumberland County R Thomas Kline $ v of 4cumb", Edward L Schorpp Sheriff` Solicitor Ronny R Anderson Jody S Smith Chief Deputy Or P ICE V F Sf'?RI'Fr Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/15/2009 09:10 AM - Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on April 15, 2009 at 0910 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Joshua J. Mulholland pursuant to Order of Court by posting the premises located at 212 West Keller Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055, with a true and correct copy of the same according to law. 04/15/2009 09:10 AM - Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on April 15, 2009 at 0910 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Jerilyn R. Mulholland pursuant to Order of Court by posting the premises located at 212 West Keller Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055, with a true and correct copy of the same according to law. SHERIFF COST: $65.00 April 16, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Deputy Sheriff Docket No. 2008-4690 PHH Mortgage v Joshua Mulholland FILED-C)FRGE OF THE 2PO9 APR 20 AM 0: 48 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 w PHH MORTGAGE CORPORATION Plaintiff : COURT OF COMMON PLEAS VS. : CIVIL DIVISION JERILYN R. MULHOLLAND JOSHUA J. MULHOLLAND : CUMBERLAND COUNTY Defendant(s) NO. 08-4690 .10 AFFIDAVIT OF SERVICE OF COMPLAINT BY MALI. PURSUANT TO COTIRT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to the following persons JERILYN R. MULHOLLAND and JOSHUA J. MULHOLLAND at 212 WEST KELLER STREET, MECHANICSBURG, PA 17055, 612 HERTIAGE COURT, MECHANICS BURG, PA 17050 on MAY 1, 2009, in accordance with the Order of Court dated MARCH 3, 2009. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date: May 1, 009 PHELAN HALLINAN & SCHMIEG, LLP By: if L rence T. Phelan, Esq ire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquir Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Attorneys for Plaintiff J ?, r? OF THE PPMEHON-1 NARY 2009 MAY -5 AM : 48 p ;-N'NSYLV,?N A Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH Mortgage Corporation VS. Jerilyn R. Mulholland Joshua J. Mulholland Attorneys for Plaintiff : Court Of Common Pleas : Civil Division : Cumberland County No. 08-4690-Civil Term AFFIDAVIT OF SERVICE BY PUBLICATION IN ACCORDANCE WITH COURT ORDER I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated March 3, 2009 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(1) in The Sentinel on April 14, 2009 and The Cumberland Law Journal on April 24, 2009. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. PHELAN HALLINAN & SCHMIEG, LLP By: La nce T. Phelan, Esq re Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquir Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Attorneys for Plaintiff Date: May 26, 2009 Jason Ricco Service Dept. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 Li a Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 24 day of April, 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Comm?sslon Explres Apr 28, 2010 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 24, 2009 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. CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. 08-4690 CIVIL TERM PHH MORTGAGE CORPORATION VS. JERILYN R. MULHOLLAND JOSHUA J. MULHOLLAND NOTICE TO JERILYN R. MULHOLLAND and JOSHUA J. MULHOLLAND: You are hereby notified that on AUGUST 5, 2009, Plaintiff, PHH MORTGAGE CORPORATION, filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Com- mon Pleas of CUMBERLAND County Pennsylvania, docketed to No. 08- 4690 CIVIL TERM. Wherein Plaintiff seeks to foreclose on the mortgage se- cured on your property located at 212 WEST KELLER STREET, MECHAN- ICSBURG, PA 17055 whereupon your property would be sold by the Sheriff of CUMBERLAND County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE 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 INFORMA- TION 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 RE- DUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 Apr. 24 NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or A PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Erica Peterson, Classified 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): April 14, 2009 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 e. Sworn to and subscribed before me this ? - ?loaq Gxn;?i ?n ? Notary Public My commission expires: F WEALTH OFP A NOTARIAL SEAT. HECKENDORK NOWYPit* III Born., Cw *Gft d ss?onExpiresJWM27, 10 COPY OF NOTICE OF PUBLICATION i TEE -' rte,: r c??.: •; a , , ? ?' _., s few D 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 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 Attorney for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION VS. JERILYN R. MULHOLLAND JOSHUA J. MULHOLLAND : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 08-4690-CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JERILYN R. MULHOLLAND, and JOSHUA J. MULHOLLAND, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $170,076.76 Interest - 08/05/2008 to 06/17/2009 $8,574.85 TOTAL $178,651.61 I hereby certify that (1) the Defendants' last known addresses are 212 WEST KELLER STREET, MECHANICSBURG, PA 17055-6316, and 612 HERITAGE COURT, MECHANICSBURG, PA 17050 and (2) that notice has been given in accordance with Rule 237.1, copy attached. 1 Lawr ce T. Phel , Esquire Fr is S. allin,Esquire D 'el G. Sc ieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire /Joshua I. Goldman, Esquire 1 Wl??11 Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. C/ DATE: -"/g,)-Ml zsj 17 PHS # 169472 PROTHONOTARY 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 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION VS. JERILYN R. MULHOLLAND JOSHUA J. MULHOLLAND Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 08-4690-CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney, hereby verifies that he/she is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JERILYN R. MULHOLLAND is over 18 years of age and last known addresses are 212 WEST KELLER STREET, MECHANICSBURG, PA 17055-6316 and 612 HERITAGE COURT, MECHANICSBURG, PA 17050. (c) that defendant JOSHUA J. MULHOLLAND is over 18 years of age and last known addresses are 212 WEST KELLER STREET, MECHANICSBURG, PA 17055-6316 and 612 HERITAGE COURT, MECHANICSBURG, PA 17050. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. -ePhelan,Esquire S. lin sauire DaKiel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire L --'Joshua I. Goldman, Esquire ?4??° Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised PHH MORTGAGE CORPORATION VS. JERILYN R. MULHOLLAND JOSHUA J. MULHOLLAND 212 WEST KELLER STREET MECHANICSBURG, PA 17055-6316 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 08-4690-CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on q ;-66q By: DEPUTY If you have any questions concerning this matter,pjeaK contact: Fan enc T. Phe , Esquire is . Hallin , Esquire el Sc eg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquir /Joshua I. Goldman, Esquire i 2 a5 Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** PHH MORTGAGE CORPORATION V. Plaintiff JERILYN R. MULHOLLAND JOSHUA J. MULHOLLAND Defendant(s) TO: JOSHUA J. MULHOLLAND 212 WEST KELLER STREET MECHANICSBURG, PA 17055-6316 uk DATE OF NOTICE: May 26, 2009 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. MIFORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE 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. COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-4690-CIVIL TERM CUMBERLAND COUNTY PHS # 169472 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1)r? By: L ence T. Phelan, Esq. d. No. 32227 Francis S. Hallinan, Esq., edd. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 8176 Jenine R. Davey, Esq., Id. No. 87077v Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 169472 PHH MORTGAGE CORPORATION V. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-4690-CIVIL TERM JERILYN R. MULHOLLAND JOSHUA J. MULHOLLAND Defendant(s) TO: JOSHUA J. MULHOLLAND 612 HERITAGE COURT MECHANICSBURG, PA 17050 DATE OF NOTICE: May 26, 2009 CUMBERLAND COUNTY 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 APPERANCE 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. PHS # 169472 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 By: - `k? La ce . Phelan, Esq. Id. No. 32227 Fran s S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 8176Jd' Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 169472 PHH MORTGAGE CORPORATION v. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-4690-CIVIL TERM JERILYN R. MULHOLLAND JOSHUA J. MULHOLLAND Defendant(s) TO: JERILYN R. MULHOLLAND 212 WEST KELLER STREET MECHANICSBURG, PA 17055-6316 DATE OF NOTICE: May 26, 2009 CUMBERLAND COUNTY 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 APPERANCE 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. PHS # 169472 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 HERE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 By: La nce T. Phelan, Es q., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 8176SY Jenine R. Davey, Esq., Id. No. 87077 ?? Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 169472 PHH MORTGAGE CORPORATION V. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-4690-CIVIL TERM JERILYN R. MULHOLLAND JOSHUA J. MULHOLLAND Defendant(s) TO: JERILYN R. MULHOLLAND 612 HERITAGE COURT MECHANICSBURG, PA 17050 DATE OF NOTICE: May 26, 2009 CUMBERLAND COUNTY 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 APPERANCE 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 PROPERTYc! OR OTHER IMPORTANT RIGHTS. PHS # 169472 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 By: - "h - L nce T. Phelan, Esq., d. No. 32227 Fr cis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 8176gr Jenine R. Davey, Esq., Id. No. 87077 / Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 169472 R C= } f' I" p I Ir THE ? A`V ?r Y 2099 A!, 19 tilt' ! 33 t ti? ck # :e 9 3 p : a G 1 s6 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-4690 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION Plaintiff (s) From JERILYN R. MULHOLLAND AND JOSHUA J. MULHOLLAND (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$178,651.61 L.L.$.50 Interest FROM 6/18/2009 -12/09/2009 (PER DIEM - $29.37) - $5,139.75 Atty's Comm % Atty Paid $288.00 Plaintiff Paid Due Prothy $2.00 Other Costs Date: August 25, 2009 (Seal) Cur t is . Long, Aq, By: Deputy REQUESTING PARTY: Name VIVEK SRIVASTAVA, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L.L.P., ONE PENN CENTER AT SUBURBAN STATION, 1617 JOHN F. KENNEDY BLVD., SUITE 1400, PHILADELPHIA, PA 19103-1814 Attorney for: PLAINITFF Telephone: (215) 563-7000 Supreme Court ID No. 202331 6r, X610 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: JERILYN R. MULHOLLAND A/K/A JERI MOSHER Bk. No. 1:08-bk-04093 RNO A/K/A JERILYN R. MOSHER A/K/A JERI MULHOLLAND Chapter No. 07 Debtor PHH MORTGAGE CORPORATION Movant 11 U.S.C. §362 V. JERILYN R. MULHOLLAND AIK/A JERI MOSHER A/K/A JERILYN R. MOSHER A/K/A JERI MULHOLLAND Respondent and MARKIAN R. SLOBODIAN, ESQUIRE (TRUSTEE) Respondents ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of PHH MORTGAGE CORPORATION (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 U.S.C. §362 is modified with respect to premises 212 WEST KELLER STREET, MECHANICSBURG, PA 17055-6316, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriff's Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises. By the Court, U. l(RA Dated: December 1, 2008 Robert N. Opel, A Bankruptcy Judge (DG7 This document is electronically signed and.fled on the carne data. Case 1:08-bk-04093-RNO Doc 17 Filed 12/01/08 Entered 12/02/08 08:24:28 Desc Main Document Page 1 of 1 FILFL- J QF THE PD,', 2009 AUG 25 PM 12: 3 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 PHH MORTGAGE CORPORATION Plaintiff, V. JERILYN R. MULHOLLAND JOSHUA J. MULHOLLAND No. 08-4690-CIVIL-TERM Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $178,651.61 Interest from 06/18/2009 - 12/09/2009 $5,139.75 (per diem -$29.37) TOTAL 83,791.36? ? Lawrence helan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenn* a R. Davey, Esq., Id. No. 87077 ? uren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Note: Please attach description of property. 169472 Z:t r" ,. LLt Q ? ? ; x ? C f ?jj LL »^! C-D rn ? CV ° o ; a? z o a o c as x p p ? C a? U 0 W ?+ W 0 O U? p A4 ?o .. Uu ?p a U A d Q a "a'? kA tit IR V+ V? <C as c V a ? as o? ? to UU zz N ? v, x ?r UU U ? en MM en ? N N 0, O?? r, 00 ? W M'No ?n°onMM o,48 8A \,o 10 ; en C', 110 N ? FF W W O O OZv' C 'p Oz z 0rn o O Z zz Z C ? zz ^ O T J ? z ? O COOO z ?'b p zZZ000Z'-OTjww? E j V! GR f-+ W y y W ? W ^ .. z ^ y y ? y y W. •? (/2 ^ ? W. ? W W 'Lf W .? C fC y ti va, W W e'?d W W I iL, M a W W W ^ W U y w [ c? c° a s 'O a ..a o o a•=?? ?.? ? ? >W > tea' ?? ? y,a.? '8 o1 ? ?pq? . ..a .. a Q ? ? a J5 0 o va ?Ul 2s° y a. ' ? = u u 0 awQ til /?ti ti? ¢ N ????????®???????? Oau LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract situate in the Borough of Mechanicsburg, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northern side of West Keller Street, one hundred eighty-six and seven tenths (186.7) feet West of the intersection of West Keller Street and the centerline of South High Street; thence Westwardly along the Northern line of West Keller Street, seventy-two (72) feet to a point at lands now or formerly of Ethel Brubaker; thence North twelve degrees fifty-six minutes West (N 12 degrees 56 minutes W), along same one hundred thirty-two and fifteen hundredths (132.15) feet to a point at line of land now or formerly of Joe Curtis; thence North eighty-two degrees twelve minutes East (N 82 degrees 12 minutes E), along same seventy-one (71) feet to a point on the Western line of a twenty (20) feet wide alley; thence Southwardly along same, one hundred thirty-three and ninety-four hundredths (133.94) feet to a point, the point and place of BEGINNING. HAVING thereon erected a two and one-half (2 1/2) story frame dwelling known and numbered as 212 West Keller Street. UNDER AND SUBJECT, nevertheless, to all restrictions, easements, covenants and rights-of-way of record, or visible upon inspection of premises. TITLE TO SAID PREMISES IS VESTED IN Joshua J. Mulholland and Jerilyn R. Mulholland, his wife, by Deed from Christopher C. Linn and Elizabeth A. Linn, his wife, dated 02/27/2006, recorded 03/02/2006 in Book 273, Page 1869. PREMISES BEING: 212 WEST KELLER STREET, MECHANICSBURG, PA 17055-6316 PARCEL NO. 20-23-0567-148 PHELAN HALLINAN & SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 PHH MORTGAGE CORPORATION Plaintiff, V. JERILYN R. MULHOLLAND JOSHUA J. MULHOLLAND Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-4690-CIVIL-TERM CERTIFICATION The undersigned attorney, hereby verifies that he/she is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of AP.S.A. §4904 relating, to unsworn falsification to authorities. 1,0 -L' , ? ? La nce . Phelan, Esq., Id. No. 32227 ? F cis S. Hallinan, Esq., Id. No. 62695 ?I Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 11 ren R. Tabas, Esq., Id. No. 93337 ivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 2009 AUG 2S Pi 1"/: ?;1 PHH MORTGAGE CORPORATION ? Plaintiff, V. ' JERILYN R. MULHOLLAND JOSHUA J. MULHOLLAND Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-4690-CIVIL-TERM AFFIDAVIT PURSUANT TO RULE 3129.1 PHH MORTGAGE CORPORATION, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 212 WEST KELLER STREET MECHANICSBURG. PA 17055-6316. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate) JERILYN R. MULHOLLAND 212 WEST KELLER STREET MECHANICSBURG, PA 17055-6316 JOSHUA J. MULHOLLAND 212 WEST KELLER STREET MECHANICSBURG, PA 17055-6316 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 None Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name None Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Address (if address cannot be reasonably ascertained, please indicate) 212 WEST KELLER STREET MECHANICSBURG, PA 17055-6316 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6"' Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program JERILYN R. MULHOLLAND C/O: LINDA A. CLOTFELTER, ESQUIRE JOSHUA J. MULHOLLAND C/O: JOHN J. MANGAN, ESQUIRE 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 5021 E. TRINDLE ROAD; SUITE 100 MECHANICSBURG, PA 17050-3528 4200 COMMERCE COURT LISLE, IL 60532 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 ar$mmee ct to the pe nalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. August 24, 2009 DATE ? Lawrence , sq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 7Jen* R. Dave, Esq., Id. No. 87077 R. Tbas, Esq., Id. No. 93337 Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 ALED-a Orr' TI?E P s; AR1 20 99 A U G 25 P 12: 2 7 PHH MORTGAGE CORPORATION Plaintiff, V. JERILYN R. MULHOLLAND JOSHUA J. MULHOLLAND Defendant(s). CUMBERLAND COUNTY No. 08-4690-CIVIL-TERM August 24, 2009 TO: JERILYN R. MULHOLLAND 212 WEST KELLER STREET MECHANICSBURG, PA 17055-6316 JOSHUA J. MULHOLLAND 212 WEST KELLER STREET MECHANICSBURG, PA 17055-6316 JERILYN R. MULHOLLAND 612 HERITAGE COURT MECHANICSBURG, PA 17050 JOSHUA J. MULHOLLAND 612 HERITAGE COURT MECHANICSBURG, PA 17050 "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 IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at 212 WEST KELLER STREET, MECHANICSBURG, PA 17055-6316, is scheduled to be sold at the Sheriffs Sale on DECEMBER 9, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $178,651.61 obtained by PHH MORTGAGE CORPORATION (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 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 08-4690-CIVIL-TERM PHH MORTGAGE CORPORATION VS. JERILYN R. MULHOLLAND and JOSHUA J. MULHOLLAND Owner(s) of property situate in the Mechanicsburg Borough, Cumberland County, Pennsylvania, being (Municipality) 212 WEST KELLER STREET MECHANICSBUR_G, PA 17055-6316 Parcel No. 20-23-0567-148 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $178,651.61 PHELAN HALLINAN & SCHMIEG, L.L.P. Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract situate in the Borough of Mechanicsburg, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northern side of West Keller Street, one hundred eighty-six and seven tenths (186.7) feet West of the intersection of West Keller Street and the centerline of South High Street; thence Westwardly along the Northern line of West Keller Street, seventy-two (72) feet to a point at lands now or formerly of Ethel Brubaker; thence North twelve degrees fifty-six minutes West (N 12 degrees 56 minutes W), along same one hundred thirty-two and fifteen hundredths (132.15) feet to a point at line of land now or formerly of Joe Curtis; thence North eighty-two degrees twelve minutes East (N 82 degrees 12 minutes E), along same seventy-one (71) feet to a point on the Western line of a twenty (20) feet wide alley; thence Southwardly along same, one hundred thirty-three and ninety-four hundredths (133.94) feet to a point, the point and place of BEGINNING. HAVING thereon erected a two and one-half (2 1/2) story frame dwelling known and numbered as 212 West Keller Street. UNDER AND SUBJECT, nevertheless, to all restrictions, easements, covenants and rights-of-way of record, or visible upon inspection of premises. TITLE TO SAID PREMISES IS VESTED IN Joshua J. Mulholland and Jerilyn R. Mulholland, his wife, by Deed from Christopher C. Linn and Elizabeth A. Linn, his wife, dated 02/27/2006, recorded 03/02/2006 in Book 273, Page 1869. PREMISES BEING: 212 WEST KELLER STREET, MECHANICSBURG, PA 17055-6316 PARCEL NO. 20-23-0567-148 FILECI-a f-,r c Qi pQ` i !r1P 1fiY 2084 AUG 20- IM 12. Cum?L v 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 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff Court of Common Pleas Civil Division V. JERILYN R. MULHOLLAND CUMBERLAND County JOSHUA J. MULHOLLAND Defendants No. 08-4690-CIVIL TERM PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on August 5, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit «A,5 2. Judgment was entered on June 19, 2009 in the amount of $178,651.61. 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 can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. A Sheriffs Sale of the mortgaged property at 212 WEST KELLER STREET, MECHANICSBURG, PA 17055-6316 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendants filed a Chapter 07 Bankruptcy at Docket Number 1:08-04093 on October 31, 2008. The Plaintiff was granted relief from the automatic stay by order of court dated December 1, 2008. A true and correct copy of the Bankruptcy Court Order is attached hereto, made part hereof, and marked as Exhibit "C". 5. The Property is listed for Sheriffs Sale on December 9, 2009. 6. 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 Interest Through December 9, 2009 Per Diem $20.05 Late Charges Legal fees $164,541.34 $17,527.08 $324.08 $2,150.00 Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $196,897.61 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. 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. 9. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 16, 2009 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 "D". 11. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & -Schmiee. LLP DATE: 411 loci By: $2,491.22 $0.00 $3,514.75 $250.00 $0.00 $0.00 ($0.00) $6,099.14 ice T. Phel , Esq., Id. No. 32227 S. Hallinan Esq., Id. No. 62695 G. Sc ,Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 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 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division V. CUMBERLAND County JERILYN R. MULHOLLAND JOSHUA J. MULHOLLAND No. 08-4690-CIVIL TERM Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE JERILYN R. MULHOLLAND and JOSHUA J. MULHOLLAND 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 212 WEST KELLER STREET, MECHANICSBURG, PA 17055-6316. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, 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. It 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 Coro. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 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 Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the 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 attomey's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shoppin Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Feiner, 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. Phelan Hallin.4n & S_Qhmiejz, LLP DATE: 6 Z M By: VFci e 'r. Phelan, Esq., Id. No. 32227 S. HallinIdNo. 62695 el . Schm' j2d sq., Id. No. 62205 ele radford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 Z Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 LAUREN R. TABAS, ESQ., Id. No. 93337 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 169472 PHH MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Plaintiff V. JERILYN R. MULHOLLAND JOSHUA J. MULHOLLAND 212 WEST KELLER STREET MECHANICSBURG, PA 17055-6316 Defendants F N f? Co i7 fit. D.: ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 08-41090 0- iv it Ten, CUMBERLAND COUNTY ATTORNIEV, FILE CSR P'LEASE RETURN CIVIL ACTION - LAW - and COMPLAINT IN MORTGAGE FO ? X% e rte` 0) O ;C3TTO File N: 169472 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 #: 169472 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 File #: 169472 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 #: 169472 Plaintiff is PHH MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 The name(s) and last known address(es) of the Defendant(s) are: i RJLYN R. MULHOLLAND 10SHUA J. MULHOLLAND 12 WEST KELLER STREET M CHANICSBURG, PA 17055-6316 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 102/27/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises "Jereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, ;NC. AS A NOMINEE FOR PHH MORTGAGE COPORATION (FKA, CENDANT '' ORTGAGE CORPORATION) which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1941, Page 4757. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing ,in assignment of same. The mortgage and assignment(s), if any, are matters of public ccord and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/2008 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 #: 169472 6. The following amounts are due on the mortgage: Principal Balance $164,541.34 Interest $4,246.85 03/01/2008 through 08/04/2008 (Per Diem $27.05) Attorney's Fees $1,250.00 Cumulative Late Charges $283.57 02/27/2006 to 08/04/2008 Cost of Suit and Title Search $550.00 Subtotal $170,871.76 Escrow Credit ($795.00) Deficit $0.00 Subtotal $795.00 TOTAL $170,076.76 7 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded ill the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 169472 9. 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. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $170,076.76, together with interest from 08/04/2008 at the rate of $27.05 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. PHELAN HALLINAN & SCHMIEG, LLP By: CE LA CET. PH LAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 169472 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract situate in the Borough of Mechanicsburg, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northern side of West Keller Street, one hundred eighty-six and seven tenths (186.7) feet West of the intersection of West Keller Street and the centerline of South High Street; thence Westwardly along the Northern line of West Keller Street, seventy- two (72) feet to a point at lands now or formerly of Ethel Brubaker; thence North twelve degrees fifty-six minutes West (N 12 degrees 56 minutes W), along same one hundred thirty-two alld fifteen hundredths (132.15) feet to a point at line of land now or formerly of Joe Curtis; thence North eighty-two degrees twelve minutes East (N 82 degrees 12 minutes E), along same seventy- one (71) feet to a point on the Western line of a twenty (20) feet wide alley; thence Southwardly along same, one hundred thirty-three and ninety-four hundredths (133.94) feet to a point, the point and place of BEGINNING. HAVING thereon erected a two and one-half (2 1/2) story frame dwelling known and numbered as 212 West Keller Street. UNDER AND SUBJECT, nevertheless, to all restrictions, easements, covenants and rights-of- way of record, or visible upon inspection of premises. File 11: 169472 BEING the same premises which, CHRISTOPHER C. LINN and ELIZABETH A. HOMOLASH now ELIZABETH A. LINN, by marriage by Indenture bearing date January 21, 2005 and recorded January 27, 2005 in the Office of the Recorder of Deeds, in and for the County of CUMBERLAND Deed Book No. 267, page 1576 etc., granted and conveyed unto CHRISTOPHER C. LINN and ELIZABETH A. LINN, HIS WIFE, in fee. PREMISES: 212 WEST KELLER STREET PARCEL: 20-23-0567-148 File #: 169472 VERIFICATION //?QVC AlAkb hereby states that he/she is 1 C`-1.. Fri-s- ?JG?1 of PHH MORTGAGE CORPORATION, servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her 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 unswom falsification to authorities.211A. ka tmdA0,,C t? lhph(e DATE: 91131o8 Title: V ) b 601)W Company: PHH MORTGAGE CORPORATION File #: 169472 Exhibit "B" 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 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 -n Chrisovalante P. Fliakos, Esq., Id. No. 94620 `< ; Joshua I. Goldman, Esq., Id. No. 205047 = = m Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 w 215-563-7000 PHH MORTGAGE CORPORATION VS. JERILYN R. MULHOLLAND JOSHUA J. MULHOLLAND : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 08-4690-CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JERILYN R. MULHOLLAND, and JOSHUA J. MULHOLLAND, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $170,076.76 Interest - 08/05/2008 to 06/17/2009 $8,574.85 TOTAL $178,651.61 I hereby certify that (1) the Defendants' last known addresses are 212 WEST KELLER STREET, MECHANICSBURG, PA 17055-6316, and 612 HERITAGE COURT, MECHANICSBURG, PA 17050 and (2) that notice has been given in accordance with Rule 237.1, copy attached. .1 _ Lawr 9fi6e . Phel , Esquire Fr is S. allin , Esquire D 'el G. Sc 'eg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire /Joshua I. Goldman, Esquire I D*YL15?11 Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 9, ?`/ sI ? k PHS # 169472 PROTHONOTARY ??( Exhibit "C" IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: JERILYN R. MULHOLLAND A/K/A JERI MOSHER Bk. No. 1:08-bk-04093 RNO A/K/A JERILYN R. MOSHER A/K/A JERI MULHOLLAND Chapter No. 07 Debtor PHH MORTGAGE CORPORATION Movant 11 U.S.C.§362 V. JERILYN R. MULHOLLAND A/K/A JERI MOSHER A/K/A JERILYN R. MOSHER A/K/A JERI MULHOLLAND Respondent and MARKIAN R. SLOBODIAN, ESQUIRE (TRUSTEE) Respondents ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of PHH MORTGAGE CORPORATION (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 U.S.C. §362 is modified with respect to premises 212 WEST KELLER STREET, MECHANICSBURG, PA 17055-6316, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises. By the Court, Dated: December 1, 2008 Robert N. OA Banknpky Jvdge (M This document is ek dronically signed and filed can the same date. Case 1:08-bk-04093-RNO Doc 17 Filed 12/01/08 Entered 12/02/08 08:24:28 Desc Main Document Page 1 of 1 Exhibit "D" °o Vl Wo x? U a? U ?p x a a rAb V w z<0 w "' "a y as £ 0 l6 l 3003diZ WONJ 0911VW 60OZ 91100 99ZLLZti000 ' ?yg8 a? ? } ? OZ7'ZO $ WL ZO s?nnog a3Ntu ® C ? ' X eN 0 0 U a b y .? ? 4a b ? w ,op 7 .C I-OD a C o ? 'V Q?O T w e4 x N w Gin F ° w cA w A A ? _ ? ? ? ,al a ` ? a i oo g FY'?a V x x a? ? O e' T ` U O a COD o cn tnn z as ?a ?o za z 4 aW 0 a& a? ? O? OU xz? x? w .. Z ?ti ?U z; °a E- z r x x a a o; ay ? z ? ,-- N M ? Vt ?O [? 00 ? ? N M ?1 vl c ._ F a PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey October 16, 2009 JERILYN R. MULHOLLAND JOSHUA J. MULHOLLAND 212 WEST KELLER STREET MECHANICSBURG, PA 17055-6316 RE: PHH MORTGAGE CORPORATION v. JERILYN R. MULHOLLAND, A/K/A JERI MOSHER and JOSHUA J. MULHOLLAND Premises Address: 212 WEST KELLER STREET MECHANICSBURG, PA 17055 CUMBERLAND County CCP, No. 08-4690-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 5 days, by October 21, 2009. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. ery truly yours, awre ce T. helan, E uire Francis S. Hallinan, quire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquir Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Enclosure VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am 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 my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: 0? f By: ? La e e T. Phelan, sq., Id. No. 32227 ? anci S. Hallinan sq., Id. No. 62695 aniel g, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 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 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff V. JERILYN R. MULHOLLAND JOSHUA J. MULHOLLAND Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-4690-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. JERILYN R. MULHOLLAND JOSHUA J. MULHOLLAND 212 WEST KELLER STREET MECHANICSBURG, PA 17055-6316 DATE: 161 Z I /M By: JERILYN R. MULHOLLAND JOSHUA J. MULHOLLAND 612 HERITAGE COURT MECHANICSBURG, PA 17050 , EsA, Id. No. 32227 Esq., Id. No. 62695 Lj Daniel S ieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Phelan Hallinan & Schmieg, LLP 2989OCT23 A111444 . r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PHH MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division V. : CUMBERLAND County JERILYN R. MULHOLLAND JOSHUA J. MULHOLLAND No. 08-4690-CIVIL TERM Defendants RULE AND NOW, this day of 009, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. to 01 1 WIT C4 6"tw&402- Rule Returnable at in the BY J. iw RM-Q r OF THE PROTHONOTARY 2809 OCT 26 PM 3: 56 PENNSYLVANIA 10122 - OT l'E.s heat?cc A- 4 y J. C' C.ha? 1 Jos 1,Lx---,. MkLl"tt"L 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 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County JERILYN R. MULHOLLAND JOSHUA J. MULHOLLAND No. 08-4690-CIVIL TERM Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the October 26, 2009 Rule was sent to the following individuals on the date indicated below. JERILYN R. MULHOLLAND JERILYN R. MULHOLLAND JOSHUA J. MULHOLLAND JOSHUA J. MULHOLLAND 212 WEST KELLER STREET 612 HERITAGE COURT MECHANICSBURG, PA 17055-6316 DATE: By: MECHANICSBURG, PA 17050 Phelan Hallinan & Schmieg, LLP U LAwrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PHH MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County JERILYN R. MULHOLLAND JOSHUA J. MULHOLLAND No. 08-4690-CIVIL TERM Defendants RULE AND NOW, this day of 009, a Rule is entered upon the Defendants &6a to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Rule Returnable o2t?h,- V r 01 -S C4 6"t-?Wk? BY at in the Main J. tRUE'COPY FROM RECORU 101"MyWl f.!hmw"satMYh" pie, P? $ad at ?a n MIP: ,^ T 2 CG9 f; U'l v ; 2 F'I Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Fax 215-568-7616 CHRISTINE SCHOFFLER Legal Assistant, 1286 /Y. 16 'd 9 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 No. 084690-CIVIL TERM Re: PHH MORTGAGE CORPORATION VS. JERILYN R. MULHOLLAND AWA JERI MOSHER AWA JERILYN R. MOSHER AWA JERI MULHOLLAND, and JOSHUA J. MULHOLLAND No. 08-4690-CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 Dear Sir/Madam: Enclosed please find an Affidavit of Service Pursuant to Rule 3129.1 with the necessary attachments regarding the above matter. Thank you for your assistance in this matter. Should you have any questions, please do not hesitate to contact me. ***Please be advised that in the event the Plaintiff is not represented at the sale the sale is to be stayed or postponed.*** **Property is listed for the 12/09/2009 Sheriff Sale.** 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. Very trul ours, Phel n H. linen Schmieg, LLP By: CH FFLER, Legal Assistant cc: Sheriff of CUMBERLAND County Representing Lenders in Pennsylvania and New Jersey PHS # 169472 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v CIVIL DIVISION JERILYN R. MULHOLLAND A/K/A JERI MOSHER A/K/A JERILYN R. MOSHER A/K/A No. 08-4690-CIVIL TERM JERI MULHOLLAND JOSHUA J. MULHOLLAND Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) CUMBERLAND COUNTY 1 SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attache reto Exhibit "A". ? L ence T. Phelan, Es o, Id. No. 32227 ? ancis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? etal R. Shah-Jani, Esq., Id. No. 81760 Jenne e R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff Date: (1 t o u 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. PHS # 169472 w ag. fi0 t s 3(70 ),MZ Woad ct311V" soot caiDnv o?os?W?ozo ' • OSSTO s MOM, A14) a I a a 00 M all r^? d a O ? o H 0 ?o ?= W 4+ ? ; ? 3 ?? ? W d? C-4 4. ao w Z ? o o7? t"k' d s Uo 3 ?d o? ?Q u ?? . ? O U N m0 `j Wv°, t;w ho ?x M N 09 a v, 1 w ' c- w 8 u U wo 0 - F9 0 y? ? F ?w A a ? W ? o x ? U U N a ? pl, ? pZ a ? O ? lO ? '? ra 00 o? M?a?- o0[pzwow Zeooo E" so Ls 1 ca38 p cos W4 ZO - 6ooZ -40% rE .9 w a? its 1S O. ?p ,eta So s- ill i&l IV a-# 0?ft ??'? l °VA TI, ?.' d y• m o? a 2 rt r °O N ? d ? FILED--OFFICE 0-71 THE PRO T HON-OTA€?Y 2009 NQ's 19 Fri 1: 39 r' __NiNSYLVAN A PHH MORTGAGE CORPORATION Plaintiff, V. JERILYN R. MULHOLLAND JOSHUA J. MULHOLLAND Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-4690-CIVIL-TERM AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 PHH MORTGAGE CORPORATION , Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 212 WEST KELLER STREET, MECHANICSBURG, PA 17055-6316. 1. Name and address of Owner(s) or reputed Owner(s): Name JERILYN R. MULHOLLAND JOSHUA J. MULHOLLAND Address (if address cannot be reasonably ascertained, please indicate) 212 WEST KELLER STREET MECHANICSBURG, PA 17055-6316 212 WEST KELLER STREET MECHANICSBURG, PA 17055-6316 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 Borough of Mechanicsburg David J. Spotts, Esquire for Borough of Mechanicsburg Address (if address cannot be reasonably ascertained, please indicate) W. Strawberry @ N. Market Street Mechanicsburg, PA 17055 36 W. Allen Street Mechanicsburg, PA 17055 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 212 WEST KELLER STREET MECHANICSBURG, PA 17055-6316 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 JERILYN R. MULHOLLAND C/O: LINDA A. CLOTFELTER, ESQUIRE JOSHUA J. MULHOLLAND C/O: JOHN J. MANGAN, ESQUIRE 5021 E. TRINDLE ROAD; SUITE 100 MECHANICSBURG, PA 17050-3528 4200 COMMERCE COURT LISLE, IL 60532 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. ? L ence T. Phelan, E? 4., Id. No. 32227 ? F yc i s S. Hallinan, Esq., Id. No. 62695 ? D el G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 heetal R. Shah-Jani, Esq., Id. No. 81760 Jenne R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff FILED-OFFICE OF THE PRIMHONOTAAY 2009 NOV 19 PM 1: 39 Phelan Hallinan & Schmieg, LLP Lawr'6nce T. Phelan, Esq., Id No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esyy., Id. No. 62205 Michele M. Bradford, Esg ., Id. No. 69849 Judith T. Romano, Esq., ld. No. 58745 Sheetal R. Shah-Jani, Esq. Id. No. 81760 Jenne R. Davey, Esq., Id Flo. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq. Id. No. 202331 Jay B. Jones, Esq. Id. PTO. 86657 Peter J. Mulcahy, hsq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq. Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION JERILYN R. MULHOLLAND NO. 08-4690 CIVIL TERM JOSHUA J. MULHOLLAND Defendants. 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 JERILYN R. MULHOLLAND & JOSHUA J. MULHOLLAND on OCTOBER 20, 2009 at 212 WEST KELLER STREET, MECHANICSBURG, PA 17055 & 612 HERITAGE COURT, MECHANICSBURG, PA 17050 in accordance with the Order of Court dated MARCH 3, 2009. The property was posted on OCTOBER 25, 2009. Publication was advertised in THE SENTINEL on OCTOBER 28, 2009 & in THE CUMBERLAND LAW JOURNAL on OCTOBER 30, 2009. 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. PHELAN HALLINAN & SCHMIEG, LLP By: -;;2nce T. Phelan, Esq., Id. No. 32227 rancis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esp., Id. No. 62205 Michele M. Bradford, 9s , Id. No. 69849 Judith T. Romano, Est., 9d. No. 58745 Sheetal R. Shah-Jani, Esq. Id. No. 81760 Jenine R. Davey, Esq., I r. Rio. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq. Id. No. 202331 Jay B. Jones, Esq. Id. Flo. 86657 Peter J. Mulcahy, is , Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 20673-9 Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plainriff Dated: November 19, 2009 IN THE COURT OF COMNf ON PLEAS CUMBERLAND COUNT'', PENNSYLVANIA PHH Mortgage Corporation Civil Division vs. No. 08-4690 Civil Term Jerilyn R. Mulholland Joshua J. Mulholland ORDER AND NOW, this ? day of PA , 2009, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendants, Jerilyn R. Mulholland and Joshua J. Mulholland, by: 1. Posting of the premises: 212 West Keller Street, Mechanicsburg, PA 17055. 2. First class mail to Jerilyn R. Mulholland and Joshua J. Mulholland at the last known address, 612 Heritage Court, Mechanicsburg, PA 17050, and the mortgaged premises located at 212 West Keller Street, Mechanicsburg, PA 17055; and 3. Certified mail to Jerilyn R. Mulholland and Joshua J. Mulholland at the last known address, 612 Heritage Court, Mechanicsburg, PA 17050 and the mortgaged premises located at 212 West Keller Street, Mechanicsburg, PA 17055; and 4. Publication in accordance with PA. R.C.P. 430. BY THE COUR' Cc: Jerilyn R. Mulholland and Joshua J. Mulholland J. 212 West Keller Street Mechanicsburg Jerilyn R. Mulholland and Joshua J. Mulholland 612 Heritage Court, Mechanicsburg, PA 17050 , t sit pns Ui9a7z b Wid tyre :? ? ???Y•-? 2 7178 2417 6099 0035 4535 5 /ALE JERILYN R. MULHOLLAND 212 WEST KELLER STREET MECHANICSBURG, PA 17055-0000 --fold here (regular) -- fold here (6x9) --fold here (regular) USPS - Track & Confirm Track & Confirm Search Results Label/Receipt Number: 7178 2417 6099 0035 4535 Status: Delivered Your item was delivered at 11:27 am on August 27, 2009 in PHILADELPHIA, PA 19101. A proof of delivery record may be available through your local Post Office for a fee. Additional information for this item is stored in files offline. Raw" Omhw T OW& Return m? i/; +erbm karm> t Ma Customer Service Forms (3ov't Services Careers CopyrightD 2009 USPS. All Rights Reserved. No FEAR Act EEO Data FOI Page 1 of 1 Track Cio t m Enter Label/Receipt Number. Privacy Policy Terms of Use Business Customer Gat http://trkcnfrml . smi.usps.corn/PTSIntemetWeb/lnterLabellnquiry.do?strOrigTrackNum=... 11/19/2009 7178 2417 6099 0035 4542 5 / ALE JERILYN R. MULHOLLAND 612 HERITAGE COURT MECHANICSBURG, PA 17050-0000 --fold here (regular) -- fold here (60) --fold here (regular) USPS - Track & Confirm Track Confirm Search Results Label/Receipt Number: 7178 2417 6099 0035 4542 Status: Delivered Your item was delivered at 10:33 am on August 27, 2009 in MECHANICSBURG, PA 17050. A proof of delivery record may be available through your local Post Office for a fee. Additional information for this item is stored in files offline. fe? HASIM fne oftib > y Remm to f1SPscao? Pfanta ;) Page 1 of 1 Track & Confin Enter Label/Receipt Number._ -site Map Qugtomer Service Forms -Qqv Copyright0 2009 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA Privacy Polite Terms of Use Business Customer Gai low- http://trkcnfrml .smi.usps.com/PTSIntemetWeb/InterLabellnquiry.do?strOrigTrackNum=... 11/19/2009 7178 2417 6099 0035 4559 5 / ALE JOSHUA J. MULHOLLAND 212 WEST KELLER STREET MECHANICSBURG, PA 17055-0000 --fold here (regular) -- fold here (60) --fold here (regular) USPS - Track & Confirm Page 1 of 1 UNCTEDSTAT ES POSTA. SE Ee Home I He Track & Confirm Track &. confirm Seamh Results Label/Receipt Number: 7178 2417 6099 0035 4559 Status: Delivered Your item was delivered at 11:27 am on August 27, 2009 in PHILADELPHIA, PA 19101. A proof of delivery record may be available through your local Post Office for a fee. Additional information for this item is stored in files offline. ttrstoretin?e Avails > Rstmta err?P Nortre it Ma _ C1astomer Service Forms _Qo0 Services Careers Copyright© 2009 USPS. All Rights Reserved. No FEAR Act EEO Data FOf Track & Con*m Enter LabeVReceipt Number. Privacy P01icy Terms of Use A 40 , Business Customer Gai http://trkcnfrml .smi.usps.comIPTSIntemetWeb/InterLabelInquiry.do?strOrigTrackNum=... 11/19/2009 7178 2417 6099 0035 4566 5 / ALE JOSHUA J. MULHOLLAND 612 HERITAGE COURT MECHANICSBURG, PA 17050-0000 --fold here (regular) -- fold here (6x9) --fold here (regular) USPS - Track & Confirm Page 1 of 1 UANTEDSTMES POSTAL SERVKEg Home I He Track & Confirm `rack & Confirm Search Results Label/Receipt Number: 7178 2417 6099 0035 4566 Status: Delivered Track Confirm Enter Label/Receipt Number. Your item was delivered at 10:33 am on August 27, 2009 in -' MECHANICSBURG, PA 17050. A proof of delivery record may be available through your local Post Office for a fee. Additional information for this item is stored in files offline. w tfil?ur Ilels > Rettrin tfSA ccrau Mfvnta > . Privacy Policy Terms of Use Business Customer Gat it Ma Customer Service Forms Qov't Services Careers Copyright© 2009 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA http://trkcnfrml .smi.usps.comIPTSIntemetWebllnterLabelInquiry.do?strOrigTrackNum=... 11/19/2009 AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF PHH MORTGAGE CORPORATION / No. 084690-CIVIL-TERM DEFENDANT(S) JERILYN R. MULHOLLAND JOSHUA J. MULHOLLAND PHS #169472 ***PLEASEPOSTPROPERTYFOR JERILYNR. Type of Action MULHOLLA". PER COURT ORDER*** - Notice of Sheriffs Sale 212 WEST KELLER STREET Sale Date: DECEMBER 9, 2009 MECHANICSBURG, PA 17055-6316 SERVED Served and made known to J `cd2 1 ?f N V 4u 1 llol 1A? -,Defendant, on the Z0"day of f t k (63fr- 200C1, at ? 110 , o'clock ?_.m., at ZN Z l,U VE NU 5T , 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: 65T15 P&P-e-" Description: Age Height Weight Race Sex Other I, T--'" MO < < , 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. Sworn to and subscribed Q? before me this '?`? day of ? 56 L , 200 ?'%??,????/C-- 9. %L/ Notary By: PLEASE E SERVI 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. ZbOZ199101, aIdX3 Nq A3SH P M3N :10 31M1S NOT SERVED onand AHV10N On the CWHVppr 3HQ003H1 , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 st Attempt: Time: 2"d Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day PHELAN HALLINAN & SCHMIEG, L.L.P. of 1200-. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Ial?t i INww,?, (: AFFIDAVIT OF SERVICE PLAINTIFF PHH MORTGAGE CORPORATION CUMBERLAND COUNTY No. 08-4690-CIVII,-TERM DEFENDANT(S) JERILYN R. MULHOLLAND JOSHUA J. MULHOLLAND PHS #169472 ***PLEASE POST PROPERTYFOR JOSHUA J. Type of Action MULHOLLAND, PER COURT ORDER*** - Notice of Sheriff's Sale 212 WEST KELLER STREET Sale Date: DECEMBER 9, 2009 MECHANICSBURG, PA 17055-6316 SERVED Served and made known to _, OS)}yA_ Y F(?(IA?? , Defendant, on the 7-5 day of 4C?o3F?L-, 200 , at o'clock 1P. In, _at 2 tZ w '6e% k ,?2 SC 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 Weight Race Sex Other I, ?C p Yt^o tt , 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. Sworn to and subscribed before me this 20 day 9/( 7 9 of _5"ryL , 200. Notary: By: PLEASE E T SERVICE AT LEAST 3 TEUES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. Z 60ZI9Z106 3V1dX3 NOISS9MWO A3sm3P M3N d0 31VJLS NOT SERVED On the 0i AHViON . 3H0 r, 200_, at o'clock .m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1" Attempt: Time: 2nd Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day PHELAN HALLINAN & SCHMIEG, L.L.P. of , 200. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 ?., . i?, .,:err+ n.-: k . PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tames Kleinklaus Advertising _Operations Director, 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): October 28, 2009 COPY OF NOTICE OF PUBLICATION NOTiGE OF SNERIFF'S SALE !N T"q COURT OF COMMON PLEAS OF,C0Mggq&,*pCOUNTY, PENNSYLVANIA No,0 CIVIL TERM JERIIYN R. M11U%IX- dMJfi k.JC*HUA J. MULHOLLA*D NOTIOE Tfk JE4I"Ly%J1. MULFA)kLAND A JOSMAJ.`MULHOLLAND NOTICE OF SHEi?F'$`SM.SOF REAL PROPERTY' ALL THAT #?-4• wnd skoft, Wt?nq?Vic! being in MFiCFSAi? '?°"' of GUM 0ERU?ND ComnwhweW of PmnnsferM+r bioaMleA Msll fenil0d A9 AoNtw?s. 'OWN' - ---. 412 WGAT K&LLER STREET, &jOSHUAJ. PeroN+? P9-290683-1a8 Poorhouse (real estates at 2}?$I + M eli0akflltk$Ir, . mortWee), ege{net r s . Ted, Counv of alK6ema penneytwinbs. Att ftyfaPk&M E 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. Sworn to and subscribed before me this Notary Public My commission expires: COMMONWEALTH OF PENNSYLVAN1A NOTARIAL SEAL 9AM81 ANN HECKENDORN; ` CariV H11 B ro„ Cumberland My Comm 1. Sion Expires Janua 27, 10 e 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 October 30, 2009 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. .s, Marie Coyne, SWORN TO AND SUBSCRIBED before me this 30 day of October, 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 23, 2010 / ,. CUMBERLAND LAW JOURNAL NOTICE OF SHERIFF'S SALE In the Court of Common Pleas of Cumberland County, Pennsylvania NO. 08-4690-CIVIL TERM PHH MORTGAGE CORPORATION VS. JERILYN R. MULHOLLAND & JOSHUA J. MULHOLLAND NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO: JERILYN R. MULHOL- LAND & JOSHUA J. MULHOL- LAND ALL THAT following described lot of ground situate, lying and being in MECHANICSBURG Township, County of CUMBERLAND, Common- wealth of Pennsylvania, bounded and limited as follows, to wit: Being Premises: 212 WEST KEL- LER STREET, MECHANICSBURG, PA 17055. Improvements consist of residen- tial property. Sold as the property of JERILYN R. MULHOLLAND and JOSHUA J. MULHOLLAND. Parcel # 20-23-0567-148. Your house (real estate) at 212 WEST KELLER STREET, MECHAN- ICSBURG, PA 17055 is scheduled to be sold at the Sheriffs Sale on DECEMBER 9, 2009 at 10:00 A.M., at the CUMBERLAND County Court- house to enforce the Court Judgment of $178,651.61 obtained by, PHH MORTGAGE CORPORATION (the mortgagee), against your Prop. sit. in MECHANICSBURG Township, County of CUMBERLAND, and State of Pennsylvania. DANIEL SCHMIEG, ESQUIRE Attorney for Plaintiff Oct. 30 T'"r r'E , , ef'?.RT 2099 NOY 24 A s I I* A uUE?? :? . ,, t o rL a, ? ? .; I ?-rrovCa)?Tt?P15 ? AFFIDAVIT OF SERVICE PLAINTIFF PHH MORTGAGE CORPORATION CUMBERLAND COUNTY No. 084690-CIVIL-TERM DEFENDANT(S) JERILYN R. MULHOLLAND JOSHUA J. MULHOLLAND SERVE JERILYN R. MULHOLLAND AT: 472 WINTERLEAF RD MECHANICSBURG, PA 17050 SERVED PHS #169472 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 9, 2009 Served and made known to V"I L j 9 P • P UL A OLL PrA) b ? Defendant, on the '541, day of WLFB* F.m. 200q at R:41? at 472 o'clock (W-r EALEA F (?6U RT i P F-CR OWICs8 09-& _` _ - , , 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 ?JU Height '517 Weight 5 Race W Sex F Other I, RDNkLn M6 ?-1- , 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. ?K S• ? - p/Zp vt D ?D AD{c-S NDZ ? x t Ste. l N V E5 Ti ?1??/??N? D I S ? C? E? 'ri?T Sworn to and sub cribed I, S ?(U L(?'D LL ?'R/ D IS .7g before me this day ?'? of No yEAn ACA_ 2 No By: PLEASE S VICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of 200^, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1St Attempt: Time: 2"d Attempt: Time:_ 'CARY PUBLIC EC00,,0N 'IRLY CURTY 3rd Attempt: Time: OF 1N"EW XERSEY ('M'IRES AtARCH 7, 2013 Sworn to and subscribed Attorney for Plaintiff before me this day PHELAN HALLINAN & SCHMIEG, L.L.P. of 200_. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Fi LE ID 1"C" E "wy Y 77 2009 OV 24 AM I I : 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 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 tlk6ourtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County JERILYN R. MULHOLLAND JOSHUA J. MULHOLLAND No. 08-4690-CIVIL TERM Defendants MOTION TO MAKE RULE ABSOLUTE PHH MORTGAGE CORPORATION, by and through its attorneys, Phelan Hallinan & Schmieg, LLP, 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. The Rule to Show Cause was timely served upon all parties in accordance with the applicable rules of civil procedure. 2. That it is the Plaintiff in this action. 3. A Motion to Reassess Damages was filed with the Court on October 23, 2009. 4. A Rule was entered by the Court on or about October 26, 2009 directing the Defendant 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". 5. The Rule to Show Cause was timely served upon all parties in accordance with the applicable rules of civil procedure. 6. Defendant failed to respond or otherwise plead by the Rule Returnable date of November 24, 2009. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: k Phelan Hallinan & Schmieg, LLP BY ??? awrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 EXCourtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 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 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff V. JERILYN R. MULHOLLAND JOSHUA J. MULHOLLAND Court of Common Pleas Civil Division CUMBERLAND County No. 08-4690-CIVIL TERM Defendants BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Petition to Reassess Damages was filed with the Court on October 23, 2009. A Rule was entered by the Court on or about October 26, 2009 directing the Defendant to show cause why the Petition to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of November 24, 2009. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan & Schmieg, LLP DATE: By: r ?Z awrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 e'Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PHH MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County JERILYN R. MULHOLLAND JOSHUA J. MULHOLLAND No. 08-4690-CIVIL TERM Defendants RULE AND NOW, this day of 009, a Rule is entered upon the Defendants to show cause why an Order should not be-entered granting Plaintiffs Motion to Reassess Damages. Rule Returnable On Ube at in the Maill BY J. TRUF COPY FROM RECORU ?41'?+?Vh?' W?.1 bMi! MILD !i? 11?t1t V4 so fit Wd am come, ft :04 -7A? at VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am 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 my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: By: awrence T. Phelan, Esq., Id. No. 322 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 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 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff V. JERILYN R. MULHOLLAND JOSHUA J. MULHOLLAND Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-4690-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. JERILYN R. MULHOLLAND JERILYN R. MULHOLLAND JOSHUA J. MULHOLLAND JOSHUA J. MULHOLLAND 212 WEST KELLER STREET 612 HERITAGE COURT MECHANICSBURG, PA 17055-6316 MECHANICSBURG, PA 17050 Phelan Hallinan & Schmieg, LLP DATE: By: P:tiwrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 't2Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF wll T k r 1 1 2699 L .C -3 F11 J DEC 0 4 2009 aZ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division V. JERILYN R. MULHOLLAND CUMBERLAND County JOSHUA J. MULHOLLAND Defendants No. 08-4690-CIVIL TERM ORDER AND NOW, this W -day oft 2009, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants 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 December 9, 2009 Per Diem $20.05 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit $164,541.34 $17,527.08 $324.08 $2,150.00 $2,491.22 $0.00 $3,514.75 $250.00 $0.00 $0.00 ($0.00) $6,099.14 TOTAL $196,897.61 Plus interest from December 9, 2009 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not ' in the above figure. 111 BY 1 F9d7? w;r.ryxriv ujt„? rt¢ 1J SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-OTICE Sheriff OF THE PROTHONOTARY Jody S Smith 1010 MAR -2 PM 12: 17 Chief Deputy Edward L Schorpp cummi;t kM ) col, Solicitor PENNSYLVANIA PHH Mortgage Corporation VS. Joshua J. Mulholland Case Number 2008-4690 SHERIFF'S RETURN OF SERVICE 10/20/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Jerilyn R. Mulholland, but was unable to locate her in hi: bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant Jerilyn R. Mulholland, defendant does not reside at 612 Heritage Court, Mechanicsburg, PA, 212 West Keller Street, Mechanicsburg, PA is vacant, alternate address provided by attorney of: 472 Winterleaf Road, Mechanicsburg, PA is non existent in Cumberland County. 10/20/2009 Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 09/25/09 at 1414 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 Joshua J. Mulholland and Jerilynn R. Mulholland, located at, 212 West Keller Street, Mechanicsburg, Cumberland County, Pennsylvania according to law. 10/20/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Joshua J. Mulholland, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant Joshua J. Mulholland, defendant does not reside at 612 Heritage Court, Mechanicsburg, PA, 212 West Keller Street, Mechanicsburg, PA is vacant, alternate address provided by attorney of: 472 Winterleaf Road, Mechanicsburg, PA is non existent in Cumberland County. 12/09/2009 Property sale postponed to 2/3/2010. 02/03/2010 Ronny R. Anderson, 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 February 3, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of PHH Morrtgage Corporation, 2001 Bishops Gate Boulevard, Mount Laurel, NJ 08054, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 791.55 SHERIFF COST: $791.55 February 17, 2010 SO AWWERS C/ NNY R ANDERSON, SHERIFF ?o py- PHH MORTGAGE CORPORATION Plaintiff, V. JERILYN R. MULHOLLAND JOSHUA J. MULHOLLAND Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-4690-CIVIL-TERM AFFIDAVIT PURSUANT TO RULE 3129.1 PHH MORTGAGE CORPORATION , Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 212 WEST KELLER STREET, MECHANICSBURG, PA 17055-6316. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate) JERILYN R. MULHOLLAND 212 WEST KELLER STREET MECHANICSBURG, PA 17055-6316 JOSHUA J. MULHOLLAND 212 WEST KELLER STREET MECHANICSBURG, PA 17055-6316 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name None Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which %may be affected by the dale:, :lame Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Address (if address cannot be reasonably ascertained, please indicate) 212 WEST KELLER STREET MECHANICSBURG, PA 17055-6316 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6`h Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program JERILYN R. MULHOLLAND C/O: LINDA A. CLOTFELTER, ESQUIRE JOSHUA J. MULHOLLAND C/O: JOHN J. MANGAN, ESQUIRE 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 5021 E. TRINDLE ROAD; SUITE 100 MECHANICSBURG, PA 17050-3528 4200 COMMERCE COURT LISLE, IL 60532 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 arXme ct to the pe nalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. August 24, 2009 DATE ? Lawrence , sq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 7ien' R. Davey, Esq., Id. No. 87077 R. Tbas, Esq., Id. No. 93337 Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract situate in the Borough of Mechanicsburg, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northern side of West Keller Street, one hundred eighty-six and seven tenths (186.7) feet West of the intersection of West Keller Street and the centerline of South High Street; thence Westwardly along the Northern line of West Keller Street, seventy-two (72) feet to a point at lands now or formerly of Ethel Brubaker; thence North twelve degrees fifty-six minutes West (N 12 degrees 56 minutes W), along same one hundred thirty-two and fifteen hundredths (132.15) feet to a point at line of land now or formerly of Joe Curtis; thence North eighty-two degrees twelve minutes East (N 82 degrees 12 minutes E), along same seventy-one (71) feet to a point on the Western line of a twenty (20) feet wide alley; thence Southwardly along same, one hundred thirty-three and ninety-four hundredths (133.94) feet to a point, the point and place of BEGINNING. HAVING thereon erected a two and one-half (2 1/2) story frame dwelling known and numbered as 212 West Keller Street. UNDER AND SUBJECT, nevertheless, to all restrictions, easements, covenants and rights-of-way of record, or visible upon inspection of premises. TITLE TO SAID PREMISES IS VESTED IN Joshua J. Mulholland and Jerilyn R. Mulholland, his wife, by Deed from Christopher C. Linn and Elizabeth A. Linn, his wife, dated 02/27/2006, recorded 03/02/2006 in Book 273, Page 1869. PREMISES BEING: 212 WEST KELLER STREET, MECHANICSBURG, PA 17055-6316 PARCEL NO. 20-23-0567-148 PHH MORTGAGE CORPORATION Plaintiff, V. JERILYN R. MULHOLLAND JOSHUA J. MULHOLLAND Defendant(s). CUMBERLAND COUNTY No. 08-4690-CIVIL-TERM August 24, 2009 TO: JERILYN R. MULHOLLAND 212 WEST KELLER STREET MECHANICSBURG, PA 17055-6316 JOSHUA J. MULHOLLAND 212 WEST KELLER STREET MECHANICSBURG, PA 17055-6316 JERILYN R. MULHOLLAND 612 HERITAGE COURT MECHANICSBURG, PA 17050 JOSHUA J. MULHOLLAND 612 HERITAGE COURT MECHANICSBURG, PA 17050 "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 BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA 7TEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at 212 WEST KELLER STREET, MECHANICSBURG, PA 17055-6316, is scheduled to be sold at the Sheriffs Sale on DECEMBER 9, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $178,651.61 obtained by PHH MORTGAGE CORPORATION (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 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N008-4690 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION Plaintiff (s) From JERILYN R. MULHOLLAND AND JOSHUA J. MULHOLLAND (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$178,651.61 L.L.$.50 Interest FROM 6/18/2009 - 12/09/2009 (PER DIEM - $29.37) - $5,139.75 Atty's Comm % Atty Paid $288.00 Plaintiff Paid Due Prothy $2.00 Other Costs Date: August 25, 2009 { lL?i?ILL'? , Curtis K Long, Prothonot (Seal) By: Deputy REQUESTING PARTY: Name VIVEK SRIVASTAVA, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L.L.P., ONE PENN CENTER AT SUBURBAN STATION, 1617 JOHN F. KENNEDY BLVD., SUITE 1400, PHILADELPHIA, PA 19103-1814 Attorney for: PLAINITFF Telephone: (215) 563-7000 Supreme Court ID No. 202331 Real Estate Sale # On September 15, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Mechanicsburg, Cumberland County, PA Known and numbered as 212 West Keller Street, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 15, 2009 By: eal Estate Coordinator f? 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 PHH MTG CORP is the grantee the same having been sold to said grantee on the 3RD day of FEB A.D., 2010, under and by virtue of a writ Execution issued on the 25TH day of AUG, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 4690, at the suit of PHH MTG CORP against JERILYN R MULHOLLAND & JOSHUA J is duly recorded as Instrument Number 201005274. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 6 day of , A.D. ? O O Record?r of Deeds Ra mrder of Deeds, o nbe aw (=?r?`? JJCWW PA 11 y Cmrmession ExpkW #* Piet M0r4W d Jea 7014