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HomeMy WebLinkAbout08-6731a 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 ?fUDITH 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 186568 PHH MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Plaintiff V. CURTIS M. WANN, H A/K/A CURTIS M. WANN BONNIE J. WANN 18 NELSON DRIVE CARLISLE, PA 17015-9335 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM e "vr I NO. 4j- U731 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 186568 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 (717) 249-3166 File #: 186568 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: CURTIS M. WANN, H A/K/A CURTIS M. WANN BONNIE J. WANN 18 NELSON DRIVE CARLISLE, PA 17015-9335 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/31/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CENDANT MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1859, Page 3764. By Assignment of Mortgage recorded 08/27/2004 the mortgage was assigned to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. which Assignment is recorded in Assignment of Mortgage Book No. 711, Page 508. Said mortgage was modified as set forth in the modification agreement dated 11/02/2006, in Mortgage Book No. 0732, Page 1670. 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. File #: 196568 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2008 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. 6. The following amounts are due on the mortgage: Principal Balance $245,865.75 Interest $11,237.88 02/01/2008 through 11/10/2008 (Per Diem $39.57) Attorney's Fees $1,250.00 Cumulative Late Charges $443.37 03/31/2004 to 11/10/2008 Property Inspections $79.50 Cost of Suit and Title Search 550.00 Subtotal $259,426.50 Escrow Credit $0.00 Deficit $1,874.56 Subtotal $1,874.56 TOTAL $261,301.06 7. 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 in the Action. File #: 186568 8. Plaintiff is not seeking a judgment of personal liability (or an in person am 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. 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. File #: 186568 10. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $261,301.06, together with interest from 11/10/2008 at the rate of $39.57 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 T. PHE AN, ESQUIRE HALLIN , ESQUIRE BPANIEL 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 #: 186568 V?? ¦ LEGAL DESCRIPTION ALL that certain piece of ground with improvements thereon erected situate in Dickinson Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with the Final Subdivision Plan of Green Hill as recorded in Plan Book 55, Page 17, as follows: BEGINNING at a point on the southern right of way line of Nelson Drive at the northwestern corner of Lot No. 39 on the aforesaid Final Subdivision Plan; thence along said Lot No. 39, South 43 degrees 14 minutes 07 seconds West, 205.17 feet to a point at the northeastern corner of Lot No. 37 on the aforesaid Final Subdivision Plan; thence along said Lot No. 37, North 45 degrees 56 minutes 24 seconds West (erroneously set forth in prior deed as East), 183.06 feet; thence continuing along said Lot No. 37, North 08 degrees 21 minutes 33 seconds West (erroneously set forth in prior deed as East), 219.32 feet to a point in the southern right of way line of said Nelson Drive; thence along the southern right of way line of said Nelson Drive by a curve to the right having a radius of 175.00 feet, an arc length of 157.59 feet; thence continuing along the southern right of way line of said Nelson Drive, South 46 degrees 45 minutes 53 seconds East, 217.77 feet to a point in the southern right of way line of said Nelson Drive at the northwestern corner of said Lot No. 39, the place of BEGINNING. CONTAINING 57,656.79 square feet and being all of Lot No. 38 on the aforesaid Final Subdivision Plan. File M 186568 BEING the same premises which Terrence B. Zimmerman and Joanne Zimmerman, husband and wife, by Deed dated March 31, 2004, which Deed is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 262, Page 1883, granted and conveyed to Curtis M. Wann and Bonnie J. Wann, husband and wife, Grantors herein. PARCEL ID: 08-10-0630-112 KNOWN AS: 18 NELSON DRIVE File #: 186568 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. . d'YI[?rG4 ttorney or Plaintik-I DATE:-//- .0-0 Jr C7 't3 L'' ? ? ?'TS F 73 Q. rn ?- r PHELAN 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. CURTIS M. WANN, II BONNIE J. WANN Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-6731 CIVIL 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. Frana is S. H nan, Esquire Date: 11/24/08 PHS #: 186568 " 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. CURTIS M. WANN, II BONNIE J. WANN Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-6731 CIVIL 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: CURTIS M. WANN, II 18 NELSON DRIVE CARLISLE, PA 17015-9335 BONNIE J. WANN 18 NELSON DRIVE CARLISLE, PA 17015-9335 Date: 11/24/08 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By. Fran PsS. Hallinan, Esquire VERIFICATION /& r C ?, Z hereby states that he/she is A! Z V 1 (1Q T r? fl & jl I of PHH MORTGAGE CORPORATION, servicing agent for Plaintiff, PHH MORTGAGE CORPORATION, FWA PHH MORTGAGE SERVICES CORPORATION, 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. i It 111ame DATE: Title: V l t ,?!t/{r??G-l?? ?" Company: PHH MORTGAGE CORPORATION Loan:7080031573 File #: 186568 CASE NO: 2008-06731 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS WANN CURTIS R II ET AL KENNETH E GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT -MORT FORE was served upon WANN CURTIS M II AKA CURTIS M WANN the DEFENDANT , at 0019:53 HOURS, on the 14th day of November , 2008 at 18 NELSON DRIVE CARLISLE, PA 17015 DEFENDANT by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.001 1 Service 5.00 Affidavit .00 Surcharge 10.00, f n .001 33 . 00 Sworn and Subscibed to before me this So Answers: R. Thomas Kline 11/17/2008 PHELAN HALLINAN & SCHMIEG By: day of A. D. • SHERIFF'S RETURN - REGULAR CASE NO: 2008-06731 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS WANN CURTIS R II ET AL KENNETH GOSSERT ! , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WANN BONNIE J the DEFENDANT at 0019:53 HOURS, on the 14th day of November 2008 at 18 NELSON DRIVE CARLISLE, PA 17015 by handing to CURTIS WANN HUSBAND OF DEFENDANT a true and attested copy of 'COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .OQ Surcharge 10.Oq l?%(???e8 ? 16.0 So Answers: R.'Thomas Kline 11/17/2008 PHELAN HALLINAN & SCHMIEG Sworn and Subscibed to By: before me this day of A. D. PHH MORTGAGE CORPORATION IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO: 2008-6731 CIVIL CURTIS M. WANN, II a/k/a CURTIS M. WANN, and BONNIE J. WANN Husband and Wife CIVIL ACTION Defendants NOTICE TO PLEAD TO: Plaintiff PHH Mortgage Corporation: PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE NUMBER 1026, YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED ANSWER WITH NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF, OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Respectfully Submitted, HUGHES, P Dated: z4mg Jades D. H 11 AttorneX ID # 58884 ' Scott B. Granger, Esquire Attorney ID # 63641 SALZMANN HUGHES, P.C. 354 Alexander Spring Road Carlisle, Pennsylvania 17015 Phone: (717) 249-6333 Attorneys for Defendants, Wanns James D. Hughes, Esquire Attorney ID # 58884 Scott B. Granger, Esquire Attorney ID # 63641 SALZMANN HUGHES, P.C. 354 Alexander Spring Road Carlisle, Pennsylvania 17015 Phone: (717) 249-6333 Attorneys for Defendants, the Wanns PHH MORTGAGE CORPORATION IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO: 2008-6731 CIVIL CURTIS M. WANN, II a/k/a CURTIS M. WANN, and BONNIE J. WANN Husband and Wife CIVIL ACTION Defendants ANSWER AND NEW MATTER OF DEFENDANTS TO PLAINTIFF'S COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, come the Defendants, Curtis M. Wann, II a/k/a Curtis M. Wann and Bonnie J. Wann, Husband and Wife, (the "Warns") by and through it's their attorneys, SALZMANN HUGHES, P.C., and answers the Plaintiff s Complaint as follows: 1. Admitted upon information and belief. 2. Admitted. 3. Denied. To the extent that the allegations set forth in this paragraph attempt to paraphrase mortgage documents and public records recorded in the Office of the Recorder of Deeds, they are denied. As written documents, said writings speak for themselves and must be read in the context of the entirety of all the documents. Furthermore, after reasonable investigation the Defendants are without knowledge or information sufficient to form a belief as to the truth of the remaining averments in this paragraph and the same are therefore denied. By way of further response, to the extent that the remaining allegations contained in this paragraph are conclusions of law, no responsive pleading is required under the Pennsylvania Rules of Civil Procedure and the same are therefore denied. Strict proof thereof is demanded at trial. 4. Denied. To the extent that the allegations set forth in this paragraph attempt to paraphrase mortgage documents and public records recorded in the Office of the Recorder of Deeds, they are denied. As written documents, said writings speak for themselves and must be read in the context of the entirety of all the documents. Furthermore, after reasonable investigation the Defendants are without knowledge or information sufficient to form a belief as to the truth of the remaining averments in this paragraph and the same are therefore denied. By way of further response, after reasonable investigation the Defendants are without knowledge or information sufficient to form a. belief as to the truth of the remaining averments in this paragraph and the same are therefore denied. Strict proof thereof is demanded at trial. 5. Denied. To the extent that the allegations contained in this paragraph are conclusions of law, no responsive pleading is required under the Pennsylvania Rules of Civil Procedure and the same are therefore denied. Furthermore, to the extent that the remaining allegations set forth in this paragraph attempt to paraphrase mortgage documents and public records recorded in the Office of the Recorder of Deeds, they are denied. As written documents, said writings speak for themselves and must be read in the context of the entirety of all the documents. By way of further response, after reasonable investigation the Defendants are without knowledge or information sufficient to form a belief as to the truth of the remaining 2 averments in this paragraph and the same are therefore denied. Strict proof thereof is demanded at trial. 6. Denie&To the extent that the allegations contained in this paragraph are conclusions of law, no responsive pleading is required under the Pennsylvania Rules of Civil Procedure and the same are therefore denied. Furthermore, to the extent that the remaining allegations set forth in this paragraph attempt to paraphrase mortgage documents and public records recorded in the Office of the Recorder of Deeds, they are denied. As written documents, said writings speak for themselves and must be read in the context of the entirety of all the documents. By way of further response, after reasonable investigation the Defendants are without knowledge or information sufficient to form a belief as to the truth of the remaining averments in this paragraph and the same are therefore denied. Strict proof thereof is demanded at trial. 7. Denied. To the extent that the allegations contained in this paragraph are conclusions of law, no responsive pleading is required under the Pennsylvania Rules of Civil Procedure and the same are therefore denied. Furthermore, after reasonable investigation the Defendants are without knowledge or information sufficient to form a belief as to the truth of the remaining averments in this paragraph and the same are therefore denied. Strict proof thereof is demanded at trial. 8. Denied. To the extent that the allegations contained in this paragraph are conclusions of law, no responsive pleading is required under the Pennsylvania Rules of Civil Procedure and the same are therefore denied. Furthermore, after reasonable investigation the Defendants are without knowledge or information sufficient to form a belief as to the truth of the remaining averments in this paragraph and the same are therefore denied. Strict proof thereof is demanded at trial. 9. Denied. To the extent that the allegations contained in this paragraph are conclusions of law, no responsive pleading is required under the Pennsylvania Rules of Civil Procedure and the same are therefore denied. Furthermore, after reasonable investigation the Defendants are without knowledge or information sufficient to form a belief as to the truth of the remaining averments in this paragraph and the same are therefore denied. Strict proof thereof is demanded at trial. 10. Denied. To the extent that the allegations contained in this paragraph are conclusions of law, no responsive pleading is required under the Pennsylvania Rules of Civil Procedure and the same are therefore denied. Strict proof thereof is demanded at trial. WHEREFORE, the Defendants respectfully request that this Court dismiss the Plaintiff's Complaint with prejudice, enter judgment in favor of the Defendants, and award the Defendants costs, attorney's fees, interest, and any other remedy as this. Court deems just. NEW MATTER 11. On or about May 2003, Curtis Wann accepted a position with Ciber, Inc. in Mechanicsburg, Pennsylvania, to specifically work on a Department of Public Health, Women, Infants and Children ("WIC") project in New Orleans, Louisiana, as a software development project manager. 12. On or about August 2005 Hurricane Katrina struck the area in and around New Orleans, Louisiana. 4 13. The WIC project in New Orleans, Louisiana, was put on indefinite hold due to the devastation and aftermath caused by Hurricane Katrina. 14. On or about October 2005, Mr. Wann was permanently laid off from his project manager position on the WIC project in New Orleans, Louisiana, with no definite date of return. 15. On or about June 2006, Mr. Wann accepted a job at Home Depot working as a department supervisor. 16. On or about October 2007, Mr. Wann discussed with Home Depot management that he felt that he was not meeting the various sales, extended warranties, and credit application goals that Home Depot sets for their department supervisors. 17. On or about that same time Mr. Wann requested that he be removed from the department supervisor position and re-assigned as a sales associate. 18. On or about that same time Horne Depot informed Mr. Wann that it was not their policy to re-assign department supervisors as sale associates, and, instead, placed Mr. Wann in a 60 days performance improvement program beginning early December 2007. 19. On or about the 57`'' day of the 60-day program Mr. Wann approached his then (new) manager and again asked to be re-assigned as a sales associate. 20. On or about that same time Mr. Wann's manager informed him that it was Home Depot's policy to not re-assign department supervisors as sales associates. 21. On or about January 28, 2008, Mr. Wann, following the advice of Home Depot, resigned from his department supervisor position at Home Depot. 5 22. At all times relevant after January 28, 2008 Mr. Wann inquired at Home Depot locations regarding sales associate positions, but was informed that no sales associate positions were available. 23. On or about May 16, 2008, Curtis Wann was denied unemployment benefits because he voluntarily resigned from his position at Home Depot. 24. Throughout the Spring and Summer of 2008 the Wanns were in contact with PHH regarding attempts to enter into a modification agreement regarding the Wanns' mortgage held by PHH. 25. In the Spring of 2008 PHH informed the Wanns that PHH was interested in working with the Wanns, and PHH requested financial information from the Wanns so that PHH could determine which available mortgage modification program would be best for the Wanns 26. The Wanns relied on these statements by PHH regarding the mortgage modification programs and supplied PHH with all of the requested financial information. 27. The Wanns continued to rely on the statements made by PHH, and continued to act in good faith regarding attempting to work out a mortgage modification with PHH. 28. Throughout the Summer and Fall of 2008 the Wanns continued to try to contact PHH by telephone and e-mail, but PHH did not respond to any of the Wanns attempts to contact PHH. 29. In the meantime, on or about June 5, 2008, the Wanns applied for mortgage assistance from the Pennsylvania Housing Finance Agency ("PHFA") under the Homeowner's Emergency Mortgage Assistance Program ("HEMAP"). 6 30. On or about June 2008 the Wanns attended a personal interview in Gettysburg, Pennsylvania, regarding their application for mortgage assistance from PHFA under the HEMAP program., and, a subsequent credit counseling session was scheduled for August 12, 2008. 31. On or about July 15, 2008, the Wanns received correspondence from the credit counselor notifying the Wanns that the credit counselor they were scheduled to meet with was transferring to a different region and the credit counseling session would have to be re- scheduled. 32. On or about August 1, 2008, and before the credit counseling session could even be rescheduled, the Wanns received Notice that they were denied relief under the HEMAP program by the PHFA. 33. The Wanns were denied acceptance into the HEMAP program by PHFA before the application and credit counseling process could even be completed. 34. On or about September 2, 2008 the Wanns received notice from PHH that their mortgage account had been turned over to an attorney. 35. Immediately after receiving the above referenced notice, Mrs. Wann telephoned PHH and was told by a PHH representative that the attorney action would be put on "hold". PHH then requested additional financial information, which Mrs. Wann immediately faxed to PHH. 36. Then, without warning from PHH, on or about November 14, 2008 the Wanns were served with the Complaint in Mortgage Foreclosure filed by PHH. 37. The Wanns recently completed the paperwork and filed for mortgage assistance from the PHFA under the Homeowner's Equity Recovery Opportunity ("HERO") loan program, and are awaiting notification from PHFA regarding the status of their application. 7 38. PHH Mortgage Corporation failed to comply with the notice provisions of Act 6 of 1974 with regard to the Complaint in Mortgage Foreclosure filed against Curtis and Bonnie Warn. 39. PHH Mortgage Corporation failed to comply with the notice provisions of Act 91 of 1983 with regard to the Complaint in Mortgage Foreclosure filed against Curtis and Bonnie Wann. 40. PHH Mortgage Corporation failed to comply with the notice provisions of the mortgage documents applicable to the Wanns' mortgage. WHEREFORE, the Defendants respectfully request that this Court dismiss the Plaintiff's Complaint with prejudice, enter judgment in favor of the Defendants, and award the Defendants costs, attorney's fees, interest, and any other remedy as this Court deems just. Respectfully Submitted, HUGHES, D. Dated: ?/? /(/,z 27'61o0 Attorl$y ID'# 58884 ' Scott B. Granger, Esquire Attorney ID # 63641 SALZMANN HUGHES, P.C. 354 Alexander Spring Road Carlisle, Pennsylvania 17015 Phone: (717) 249-6333 Attorneys for Defendants, Wanns 8 VERIFICATION I/We, Curtis M. Wann, II and Bonnie J. Wann , hereby certify that the facts set forth in the foregoing document are based upon information which I/We have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my/our behalf in this matter. The language of the document is that of counsel and not my/our own. I/We have read the document, and to the extent that it is based upon information that I/We have given to counsel, it is true and correct to the best of my/our knowledge, information, and belief. To the extent that the content of the document is that of counsel, I/We have relied upon such counsel in making this Verification. I/We hereby acknowledge that the facts set forth in the aforesaid document are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Curtis M. Wann, II Bonnie J. Wann Dated: /Zllil.2doiow CERTIFICATE OF SERVICE AND NOW, this 11th day of December, 2008, I, Scott B. Granger, Esquire, hereby certify that I served a copy of the within Defendants' Answer and New Matter this day by depositing the same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed to: Judith T. Romano, Esquire Phelan, Hallinan & Schmieg, LLP One Penn Center Plaza, Suite 1400 Philadelphia, Pennsylvania 19103 Attorneys for Plaintiff, PHH 354 Alexander Spring Road Carlisle, Pennsylvania 17015 Phone: (717) 249-6333 Attorneys for Defendants, Curtis & Bonnie Wann Scott ti. changer, P-squire Attorney ID # 63641 SALZMANN HUGHES, P•.C. %? c'? ?:? ?.? ?1 ;?? ? ? _" ?? ...-- ? ,.r. `, t .... '?? - jy; ?; ??? -:`?/ ., .... ?' PHELAN HALLINAN & SCHMIEG, LLP BY: Joseph P. Schalk, Esquire Identification No.: 91656 107 N. Front Street Suite 115 Harrisburg, PA 17101 (215) 563-7000 PHH Mortgage Corporation Plaintiff VS. Curtis M. Wann, 11 A/K/A Curtis M. Wann Bonnie J. Wann Defendants Attorney for Plaintiff Court Of Common Pleas Civil Division Cumberland County No. 08-6731 Civil PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER Plaintiff, PHH Mortgage Corporation, by its attorney, Joseph P. Schalk, Esquire, hereby files the within Reply to New Matter of Defendants, Curtis M. Wann, II A/K/A Curtis M. Wann and Bonnie J. Wann and in support thereof states as follows: Plaintiff incorporates herein by reference the averments of paragraphs one (1) through ten (10) of its Complaint as if set forth herein at length. 11. Denied. Plaintiff is without information or knowledge sufficient to form a belief as to the truth of the within averment. 12. Admitted. By way of further response, Plaintiff takes note that Hurricane Katrina did strike the New Orleans, Louisiana region in late August 2005. 13. Denied. Plaintiff is without information or knowledge sufficient to form a belief as to the truth of the within averment. 14. Denied. Plaintiff is without information or knowledge sufficient to form a belief as to the truth of the within averment. 15. Denied. Plaintiff is without information or knowledge sufficient to form a belief as to the truth of the within averment. 16. Denied. Plaintiff is without information or knowledge sufficient to form a belief as to the truth of the within averment. 17. Denied. Plaintiff is without information or knowledge sufficient to form a belief as to the truth of the within averment. 18. Denied. Plaintiff is without information or knowledge sufficient to form a belief as to the truth of the within averment. 19. Denied. Plaintiff is without information or knowledge sufficient to form a belief as to the truth of the within averment. 20. Denied. Plaintiff is without information or knowledge sufficient to form a belief as to the truth of the within averment. 21. Denied. Plaintiff is without information or knowledge sufficient to form a belief as to the truth of the within averment. 22. Denied. Plaintiff is without information or knowledge sufficient to form a belief as to the truth of the within averment. 23. Denied. Plaintiff is without information or knowledge sufficient to form a belief as to the truth of the within averment. 24. Denied. Plaintiff's counsel is without information or knowledge sufficient to form a belied as to the truth of the within averment. To the extent that a response is required, Plaintiff served the Defendants with an Act 91 Letter in July 2008. A copy of the Act 91 Letter is attached hereto, incorporated herein and marked as Exhibit "A". 25. Denied. Plaintiff's counsel is without information or knowledge sufficient to form a belief as to the within averment. To the extent that a response is required, Plaintiff's counsel has requested copies of Plaintiff's Loss Mitigation Notes and will provide same to counsel upon its receipt. Plaintiff's counsel reserves the right to amend its Answer to further address this allegation when the necessary information is available. 26. Denied. Plaintiff's counsel is without information or knowledge sufficient to form a belief as to the truth of the within averment. Regardless, Plaintiff is entitled to proceed with its rights under the terms of the contract even while discussing possible resolution to any default under the terms of the mortgage. Strict proof to the contrary is demanded. 27. Denied. Plaintiff s counsel is without information or knowledge sufficient to form a belief as to the truth of the within averment. Regardless, Plaintiff is entitled to proceed with its rights under the terms of the contract even while discussing possible resolution to any default under the terms of the mortgage. Strict proof to the contrary is demanded. 28. Denied. Plaintiffs counsel is without information or knowledge sufficient to form a belief as to the truth of the within averment. 29. Admitted. By way of further response, the Defendants' application to PHFA for assistance through the HEMAP program was denied. Strict proof to the contrary is demanded. 30. Denied. Plaintiff is without information or knowledge sufficient to form a belief as to the truth of the within averment. By way of further response, Plaintiff was only notified that the Defendants had applied for HEMAP assistance and said application was denied. Plaintiff has no information regarding why the application was denied. 31. Denied. Plaintiff is without information or knowledge sufficient to form a belief as to the truth of the within averment. Strict proof to the contrary is demanded. 32. Admitted in part. Denied in part. It is admitted only that on August 1, 2008 the Defendants were notified by PHFA that they were denied HEMAP assistance. The remaining averment is denied as Plaintiff is without information or knowledge as to what accord regarding their credit counseling session. 33. Denied. Plaintiff is without information or knowledge sufficient to form a belief as to the truth of the within averment. 34. Admitted. 35. Denied as stated. Plaintiff's counsel was advised after receipt of its referral to file a Complaint in Mortgage Foreclosure against the Defendants to place the file on hold beginning September 3, 2008. The hold placed on the file was lifted by the Plaintiff on October 16., 2008. Plaintiff lifted the hold on file due to the fact that loss mitigation has been none successful. 36. It is admitted only that Plaintiff filed its Complaint in Mortgage Foreclosure on November 13, 2008. Plaintiff further acknowledges that service of the Complaint was completed at the premises on November 14, 2008. 37. Admitted. Plaintiff acknowledges that Defendant have applied to PHFA for consideration under there new HERO loan program. Unlike Act 6 or Act 91, HERO does not impose a stay upon the Plaintiff from proceeding with its Complaint in Mortgage Foreclosure. 38. Denied. It is specifically denied that Plaintiff failed to comply with the Notice provision of Act 6 of 1974. Plaintiff's Mortgage is excess of $247,000.00 and therefore would not qualify for the protection of Act 6. Regardless, Plaintiff did serve the Defendants with an Act 91 Notice which a copy has been attached as Exhibit "A". 39. Denied. It is specifically denied that Plaintiff has failed to comply with the provisions of Act 91. A copy of the Act 91 Notice issued to the Defendants is attached hereto, incorporated herein and marked as Exhibit "A". 40. Denied. It is specifically denied that Plaintiff has failed to comply with notice provisions of the mortgage documents applicable in the Defendants' case. Strict proof to the contrary is demanded. WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor and against Defendant as requested in Plaintiffs Complaint. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: January 23, 2009 BY: s h P. Schalk, Esquire Attorney for Plaintiff EXHIBIT A ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Date: May S, 2008 TO: CURTIS WANN BONNIE WANN IS NELSON DR CARLISLE, PA 17013 CURTIS WANN BONNIE WANN P.O.BOX 12.2 MECHANICSBURG PA 17055 WE ARE 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 DISCIIARGL IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT' AND SHOULD NOT BE CONSTRUED TO HE AN ATTEMPT TO COLLECT A DEBT, BUT ()NLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on your home is in default and the tender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. I?'tZr II IviEt „WNQR'S CAGE ASSISTANCF PROGRAM (HEMAPI may be able to hclpsatie your home. This Nu i explains how the nrugram works To see if HFMAP can hale you must MEET WITH A CONSUMER QRrITI'1 COUNSF:L,iNC; AGENCY WI'T'HIN 3(l DY'ROM '1'HIr yATF OF' 7'I?J NOTIC Take this Na1'e wi h ou_whenyou meet the Counselin&A,gen L. Tire , anie, address and phone number ofConsnmer r 't Counseling A#=,encres servingyour G,ounty,_are listed at the end of thtLNotice If you have any questions. you m all t e Pennsyivania Housint Finance Agency t I free at 1-800-342-2397 (Persons with impaired hearing can call (717) 780-18691. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION FN ADJUNTO ES DE SUMA IMPORTANCIA, PUEDE AFECTA SU DERECHO A CONTiNIJAR V IVIENDO 81N SU C.ASA SI NO COMPRENDF. F L CONTF.NDIDO DE ESTA I^ OTIFIC'ACION OBTENGA UNA TRADUCC)ON INMFDITAMENT'F'. LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. attorney's fees will be added to the amount to the lender, which may also include other reasonable costs. )_f you cure the default within the TWIRTY f30 DAY oeriod you will not be required to aav attorneys fees. Q1I1ER I ENDER REMEDIES-The lender may also sve you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DrFAtf PRIOR TO SHERIFF'S S L>g-1f you have not cured the default within the THIRTY (34) DAY period and foreclosure proceedings have begun. you still have the rilzm to u e the default and mevent the sale at any time un to one hour bsfar the sfJ ss g,n?!2u maY do_sQ by na n_ the total amount then nasLdgLXIus any late or other dhargs5 then due. reaspttt?bl_e attorney's fges and c sts c ed with he far I ure salc and aany other c s g9n acted witfi he SS ' Sale s i ted in writing by t lender and b in her re u' men under them a Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. 9AR? IES1 PQ SIB F SHMFF'S SALE Q&U-It is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this Notice. A notice of the actual date of the Sheriffs Sala will be sent to you before the sale. Of course, the amount needed to cure the defy it will increase the longer you wait. You may find out at any time exactly what the required payment ?r action will be by contacting the lender. E1C}t1?'_TQ CONTACT THE LENT) 'R: PH14 MORTGAGE CORPORATION 4001 Leadenhall Road Mount Laurel, NJ 08054 Attn: Collections Department. SV04 (00) 330-0423 EFFECTOE SHERRIF'S SALE-You should realize: that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could he started by the lender at any time. ASSl3MPT(„ON OF MART` ?-You may or __X _may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY AIrS f IAVE THE RIGHT. • TO SELL "THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE: MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. + TO HAVE THIS DEFAULT CURED BY ANY THIRD PAR'T'Y ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED STATEMENTS OF POLICY HOMEOWNER'S NAME(S): CURTIS WANN and BONNIE WANN PROPERTY ADDRESS: IS NELSON DR CARLISLFt PA 17013 LOAN ACCT. NO.: 70SM1573 ORIGINAL LENDER: PHH MORTGAGE CORPORATION CURRENT LENDERfSERVICER. PHH MORTGAGE CORPORATION HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL A IST N WHIG C SAVE YOUR HOME FROM FORECLOSURE N HELP YOU MAKE FUTURE MORTGAGE A MEN IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT" OF 1483 (THE "ACT'), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A RFSONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS. AND • IF YOU MEET OTHF..R Et.l IBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSINg FINANCE AGENCY E 1. Q?.R?' $ OF I'OR)rCI11.OSURE;-Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for THIRTY (30) DAYS from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed APFI.!CATjOid FORM C} TGAGP?SSISTA'?CE -Your mortgage is in a default for the reasons set forth later in this Notice (see following ages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the tender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you trust fill out, sign and file a completed I lomeowner's Emergency Mortgage Assistance Program Application with one of the designated consumer counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applicdtions for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST' be filed or postmarked within THIRTY (30) DAYS ofyour face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. ( 'dSttMGR ! ;RFDIT C OUNS I I G G 1V !a...-1?you meet with one nf__the consumes credit cart s jib ncies lissd at the end of this notice the leader MAX NOT take action a B IlRTY 0,0 nA Y a)ter the date of this meetine The names addresses d (glgphane number of designated consumer credit ounselins agencies for the county in which the prone tyis located are set forth t to end of ibis Notice. It is only necessary to schedule one face-to•facc meeting Advise your lender immediately of your intentions. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established under the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DErAULT (Brine it up to date) NATURE OF T"t_.iE DEFAI, LT- The MORTGAGE debt held by the above lender on your property located a€: t8 NELSON DR CARLISLE, PA 17013 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE-MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Start/End: 03101/2008 through 05/01/2008 at $1,953.33 per month, Monthly Payments Plus Late Charges Accrued $6,654.84 NSF: $ .00 Inspections: 0.00 Other: 0.00 (Suspense): (S .00) Total amount to cure default 56,054.84 B. YOU 14 AVE FAILED TO TAKE. THE FOLLOWING ACTIONS (Do not use if not applicable): NIA Olt W TO CURE THE DEFAULT- You may cure the default within THIRTY (34) DAYS ofthe date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $6,054.84 PLUS ANY MORTGAGE; PAYMENTS AND LATE. CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. As of the date of this letter, you owe the amount specified above. Because of interest, late charges, and other charges that may vary from day to day, the amount due on the day that you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check, in which event we will inform you before depositing the check for collection. For farther information write the undersigned or call (800) 330- 0423 and ask for the Reinstatement Departmcm Payments must be made either by cash. cashier's check. cW f check or mangy der aad pA is Ed sent to: PHH MORTGAG E CORPORATION, 4001 Leadenhatl Road, Mount Laurel, NJ 08054 Attention: Cash Management Department. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter {I3o not use if not armlicab1c) N.A} If YOiJ U( ?ti0T CURE I3EFAULj-]f you do not cure the default within THIRTY (30) DAYS of the state of this Notice, he I n r,intcnds to ex else i rights to accg?g?Iy th._ e t o ?agz debt, This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIR'T'Y (34) DAYS, the lender also intends to instruct its attorney to start legal action to torectvse uL1,gn yaurrgort_gage Ptgne. IF TLIIF_ MQRTGA ' - IS FORECLOSED UPON-The mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to it attorneys, but you cure the delinquency before the lender begins legal proceedings against you. you will still be required to pay the reasonable attorney's fees that were actually incurred, up to 550.00. llowevcr, if legal proceedings are started against you, you will have 10 pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any VERIFICATION Joseph P. Schalk, Esquire, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to make this verification, and that the statements made in the foregoing Reply to New Matter are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. PHELAN HALLINAN & SCHMIEG, LLP r Date: January 23, 2009 BY: 4hJo 1Esquire Attorney for Plaintiff 107 N. Front Street, Suite 115 Harrisburg, PA 17101 (215) 563-7000 PHELAN HALLINAN & SCHMIEG, LLP BY: Joseph P. Schalk, Esquire Identification No.: 91656 107 N. Front Street Suite 115 Harrisburg, PA 17101 (215) 563-7000 PHH Mortgage Corporation Plaintiff VS. Curtis M. Wann, II A/K/A Curtis M. Wann Bonnie J. Wann Defendants Attorney for Plaintiff Court Of Common Pleas Civil Division Cumberland County No. 08-6731 Civil CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff s Reply to Defendants' New Matter was sent via first class mail to the person listed below on the date indicated: Scott B. Granger, Esquire 354 Alexander Spring Road Carlisle, PA 17015 Date: January 23, 2009 J h P. chalk, squire A mey for Plaintiff r.J .?} ? __ ?:? . ? ,-i? C^.} t::i .? y? .t _.,,? 1, ("''` C ,: w PHELAN HALLINAN & SCHMIEG, LLP BY: SHEETAL R. SHAH-JANI, ESQUIRE Identification No. 81760 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 PHH MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Plaintiff V. CURTIS M. WANN, II A/K/A CURTIS M. WANN BONNIE J. WANN 18 NELSON DRIVE CARLISLE, PA 17015-9335 Defendants TO THE PROTHONOTARY: PRAECIPE ,Y 1 F. 2010 „UL 14 F 12'. 214 CUMI _! 1"JiV1 L r N ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-6731 CIVIL CUMBERLAND COUNTY ? Please mark the above referenced case Discontinued and Ended without prejudice. ? Please mark the above referenced case Settled, Discontinued and Ended without prejudice. ? Please mark Judgments satisfied and the Action settled, discontinued and ended without prejudice. ® Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. ? Please withdraw the complaint and mark the action discontinued and ended without prejudice Date: Sheetal R. Shah-J i Esquire Attorney for Plaintiff mod at 'z)(7 ?? 97s?oY PHS# 186568 /,-dE- ?. yS / & A-1 PHELAN HALLINAN & SCHMIEG, LLP BY: SHEETAL R. SHAH-JANI, ESQUIRE Identification No. 81760 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 PHH MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Plaintiff V. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-6731 CIVIL CURTIS M. WANK, II A/K/A CURTIS M. WANN BONNIE J. WANN 18 NELSON DRIVE CARLISLE, PA 17015-9335 Defendants CUMBERLAND COUNTY CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe to vacate the judgment entered and mark the action discontinued and ended without prejudice was served by regular mail to the person on the date listed below: James D. Hughes, Esquire 354 Alexander Spring Road Carlisle, PA 17015 Date: 7 n 1 By: Sheetal R. Sh ani, Esquire Attorney for Plaintiff PHS# 186568