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HomeMy WebLinkAbout08-6780PHELAN 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 191217 PHH MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 V. Plaintiff GLENN R. SULLIVAN 426 ALLENDALE WAY CAMP HILL, PA 17011-8408 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 0 Fs- (0 7 5"T cN (? cM. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 191217 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 #: 191217 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: GLENN R. SULLIVAN 426 ALLENDALE WAY CAMP HILL, PA 17011-8408 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/06/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR ERA HOME LOANS. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200746968. 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 06/01/2008 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 #: 191217 6. The following amounts are due on the mortgage: Principal Balance $246,074.74 Interest $8,402.52 05/01/2008 through 11/12/2008 (Per Diem $42.87) Attorney's Fees $1,250.00 Cumulative Late Charges $538.80 12/06/2007 to 11 / 12/2008 Mortgage Insurance Premium / $292.28 Private Mortgage Insurance Cost of Suit and Title Search 550.00 Subtotal $257,108.34 Escrow Credit $0.00 Deficit $1,897.11 Subtotal $1,897.11 TOTAL $259,005.45 7. If the mortgage is reinstated prior to a Sheriff s 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. 8. 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 #!: 191217 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. 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 $259,005.45, together with interest from 11/12/2008 at the rate of $42.87 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 ? LA NCE T. PHELAN, 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 #: 191217 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground with the buildings and improvements thereon erected, situate in the Township of Lower Allen, County of Cumberland, Commonwealth of Pennsylvania, described in accordance with a Plan of Lots entitled Section No. 1, Allendale Development Corporation, made by Damon and Foster, Civil Engineers, Sharon Hill, Pennsylvania, dated April 18, 1960 and recorded in Plan Book 11, Page 35, as follows, to wit: BEGINNING at a point on the weste4side of Allendale Way, said point being two hundred seven and fifty-seven one-hundredths feet measured South, along Allendale Way from the southerly terminus of a twenty-five feet radius curve which connects the said side of Allendale Way and the southerly side of Candlewyck Road; thence extending along Allendale Way, south twenty-two degrees thirty minutes sixteen seconds east, one hundred ten feet to a point; thence south sixty-seven degrees twenty-nine minutes forty-four seconds west, one hundred forty-nine and twenty-four one-hundredths feet; thence north nineteen degrees thirty minutes sixteen seconds west, one hundred ten and fifteen one-hundredths feet to a corner of Lot No. 11 on said Plan; thence along Lot No. 11, North sixty-seven degrees twenty- nine minutes forty-four seconds east, one hundred forty-three and forty-eight one-hundredths feet to the point and place of BEGINNING. BEING Lot No. 10 on the aforesaid Plan. HAVING THEREON ERECTED a split-level brick and frame dwelling known and numbered as 426 Allendale Way, Camp Hill, Pennsylvania. BEING the same premises which Shari L. Weller and Scott Cogley, by Deed of even date, produced herewith and intending to be recorded, granted and conveyed unto Glenn R. Sullivan, a married man, Mortgagor herein. PARCEL NO: 13-24-0807-147 PROPERTY ADDRESS: 426 ALLENDALE WAY File #: 191217 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 the 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 unsworn falsifications to authorities. ?, n c l aintiff gO f A orne?fo DATE: f (3 a 1? Iz, ! V 1 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-6780 CIVIL TERM CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE 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. GLENN R. SULLIVAN TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Date: 11/25/08 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By. Fr s ?SH man, Esquire PHS #: 191217 , f„_f t,? ? ,...t ?? ? . t ' r" 4J l ? VERIFICATION 4',41k0 hereby states that he/she is l C-l ?P,I /lam n_ of PHH MORTGAGE CORPORATION, servicing agent for Plaintiff, PHH MORTGAGE CORPORATION, F/K/A 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. DATE: I Q Loan: 0045898996 File #: 191217 Title: Company: PHH MORTGAGE CORPORATION ?., d rte; t ??? Z ? _ v+"", ?..R 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. GLENN R. SULLIVAN Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-6780 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: GLENN R. SULLIVAN 426 ALLENDALE WAY CAMP HILL, PA 17011-8408 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: W Fran ' S. Ha linan, Esquire Date: 11/25/08 ?... m.1 _ r.. ,.p ?} ?' i -_. ?_? SHERIFF'S RETURN - REGULAR CASE NO: 2008-06780 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS SULLIVAN GLENN R MICHELLE GUTSHALL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE SULLIVAN GLENN R was served upon the DEFENDANT , at 0013:36 HOURS, on the 19th day of November-, 2008 at 426 ALLENDALE WAY CAMP HILL, PA 17011 - -TTT -TT T T T TT TT 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 Service Affidavit Surcharge lXlo.S?oF ??... Sworn and Subscibed to before me this So Answers: 18.00 16.00 K2o 00 _ 10.00 R. Thomas Kline .00 44.00 11/20/2008 PHELAN HALLINAN S MIEG By. day Deputy Sheriff of , A. D. a. ,k? Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff PHH MORTGAGE CORPORATION VS. GLENN R. SULLIVAN 426 ALLENDALE WAY CAMP HILL, PA 17011-8408 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 08-6780 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 GLENN R. SULLIVAN, 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 $259,005.45 Interest -11/13/2008 to 01/13/2009 $2,657.94 TOTAL $261,663.39 I hereby certify that (1) the addresses of the Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. r Daniel G. Schmieg, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: Pxs # 191217 PRO PROTHY PHELAN HALLINAN & SCHMIEG, LLP By: LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 PHH MORTGAGE CORPORATION V. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-6780 CIVIL TERM GLENN R. SULLIVAN Defendant(s) TO: GLENN R. SULLIVAN 426 ALLENDALE WAY CAMP HILL, PA 17011-8408 DATE OF NOTICE: December 10, 2008 CUMBERLAND COUNTY a 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. You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: 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 SEAN MCDONNELL Legal Assistant PHS # 191217 Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff PHH MORTGAGE CORPORATION VS. GLENN R. SULLIVAN : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 08-6780 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE Daniel G. Schmieg, Esquire, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant GLENN R. SULLIVAN is over 18 years of age and resides at 426 ALLENDALE WAY, CAMP HILL, PA 17011-8408. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Daniel G. Schmieg, Esquire Attorney for Plaintiff 'rT c= t' Ul IV v ZPY (Rule of Civil Procedure No. 236) - Revised PHH MORTGAGE CORPORATION : CUMBERLAND COUNTY VS. : COURT OF COMMON PLEAS GLENN R. SULLIVAN 426 ALLENDALE WAY CIVIL DIVISION CAMP HILL, PA 17011-8408 No. 08-6780 CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on /Y 0 By: ?? 7 . "a DEPUTY If you have any questions concerning this matter please contact: Daniel G. Schmieg, 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 ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.ILC.P. 3180-3183 PHH MORTGAGE CORPORATION Plaintiff, V. No. 08-6780 CIVIL TERM GLENN R. SULLIVAN Defendant(s). TO THE PROTHONOTARY: Issue writ of execution iri the above matter: Amount Due $261,663.39 Interest from 01/14/2009 - 06/10/2009 $6,454.28 and Costs (per diem -$43.61) TOTAL $268,117.67 D'ANP,eG. SCHM RG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. 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. 191217 m ?d O? a z 0 H M z p a O O H Uz ? W 00 x ? ? H c o W ?V 9 MI 00 ?,co d i C?/1 az? W O UW ? W ? w? O; H 'O bD w o a ca la 0 00 a d a a a x a 3 a A W a a? d rA .n a N ON 401. c- Sts ? `- PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 PHH MORTGAGE CORPORATION Plaintiff, V. GLENN R. SULLIVAN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-6780 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he 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 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. ,D L G. S IEG, ESQUIRE Attorney for Plaintiff {J'i =-S ' klD f PHH MORTGAGE CORPORATION CUMBERLAND COUNTY to v. Plaintiff, COURT OF COMMON PLEAS GLENN R. SULLIVAN CIVIL DIVISION NO. 08-6780 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 PHH MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,426 ALLENDALE WAY, CAMP HILL, PA 17011-8408. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) GLENN R. SULLIVAN 426 ALLENDALE WAY CAMP HILL, PA 17011-8408 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 Defendant(s). Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 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 426 ALLENDALE WAY CAMP HILL, PA 17011-8408 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 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. February 23, 2009 a '5?z DATE DA G. SC G, ESQUIRE Attorney for Plaintiff ?? "a - ?-? s .? r, ?? -? ? - ?? ? r. ?= c_, , -- ; :', -_; ?:; - ;,, a `? .. .:r' _? ,'.. c.,,? ,y :?'7 PHH MORTGAGE CORPORATION Plaintiff, V. GLENN R. SULLIVAN Defendant(s). CUMBERLAND COUNTY No. 08-6780 CIVIL TERM February 23, 2009 TO: GLENN R. SULLIVAN 426 ALLENDALE WAY CAMP HILL, PA 17011-8408 "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 AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 426 ALLENDALE WAY, CAMP HILL, PA 17011-8408, is scheduled to be sold at the Sheriffs Sale on JUNE 10, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $261,663.39 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 Courtto 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 Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground with the buildings and improvements thereon erected, situate in the Township of Lower Allen, County of Cumberland, Commonwealth of Pennsylvania, described in accordance with a Plan of Lots entitled Section No. 1, Allendale Development Corporation, made by Damon and Foster, Civil Engineers, Sharon Hill, Pennsylvania, dated April 18, 1960, and recorded in Plan Book 11, Page 35, as follows, to wit: BEGINNING at a point on the western side of Allendale Way, said point being 207.57 feet measured South, along Allendale Way from the southerly terminus of a 25 feet radius curve which connects the said side of Allendale Way and the southerly side of Candlewyck Road; thence extending along Allendale Way, South 22 degrees 30 minutes 16 seconds East, 1.10.00 feet to a point; thence South 67 degrees 29 minutes 44 seconds West, 149.24 feet; thence North 19 degrees 30 minutes 16 seconds West, 110.15 feet to a corner of Lot No. 11 on said Plan; thence along Lot No. 11, North 67 degrees 29 minutes 44 seconds East, 143.48 feet to the point and place of BEGINNING. BEING Lot No. 10 on the aforesaid Plan. HAVING THEREON ERECTED a split-level brick and frame dwelling known and numbered as 426 Allendale Way, Camp Hill, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Glenn R. Sullivan, married man, by Deed from Shari L. Weller and Scott Cogley, her husband, dated 12/06/2007, recorded 12/20/2007 in Instrument Number 200746967. The said Shari L. Weller has since intermarried with Scott Cogley, who joins in this conveyance for the purpose of releasing any marital interests or rights he may have in said premises. PREMISES BEING: 426 ALLENDALE WAY, CAMP HILL, PA 17011-8408 PARCEL NO. 13-24-0807-147 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-6780 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION Plaintiff (s) From GLENN R SULLIVAN (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 $ 261,663.39 L.L.$0.50 Interest FROM 01/14/2009-06/10/2009 (PER DIEM - $43.61) $6,454.28 Atty's Comm % Atty Paid $ 163.00 Plaintiff Paid Due Prothy $2.00 Other Costs Date: FEBRUARY 25, 2009 (Seal) REQUESTING PARTY: Name DANIEL G SCHMIEG ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 CuAis R. Long, Pr otary By: Deputy AFFIDAVIT OF SERVICE PLAINTIFF PEM MORTGAGE CORPORATION DEFENDANT(S) GLENN R. SULLIVAN SERVE GLENN R. SULLIVAN AT: 426 ALLE"ALE WAY CAMP HILL. PA 17011-8408 SERVED CUMBERLAND COUNTY No. 08-6780 CIVIL TERM ACCT. #191217 Type of Action - Notice of Sheriff's Sate Sale Date: JUNE 10, 2009 Served and made known to _ jZ- L."o ?r y h?l , Defendant, on the q'? M day of L4. 2007 at _41( 9 , o'clock P.m., at 424 a ad = "t'..0 P 1? Lt. Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. _ Adult family member with whore Defendant(s) reside(s). Name and Relationship is J D LEI N«1 I W t FE 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 4e Height S 12 Weight L GD Race k) Sex F Other I, e ` Y 10LL_ 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 Sher rs 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 subed before me thi y o t 200 . No By. P AT LEAST 3 TIMES. INDICATE DATES & T OF SERVICE ATTEMPTED. Commission Expires June 13, 2013 NOT SERVED On the day of 200_, at o'clock _,.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1't Attempt: Time: 2°d Attempt: Time:_ 3rd Attempt: Time:_ Sworn to and subscribed Attorney forPlaintn before me this day DANIEL G. St G, Esquire - I.D. No. 62205 Of - ' 200' One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 FILED-,:;F' lvE OF THE Ply `"TH,, ?N, 0TARY 2009 MAR 31 11 ? 6 _ 1' ITY G?y PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 PHH MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County GLENN R. SULLIVAN No. 08-6780 CIVIL TERM Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on November 17, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit «A„ 2. Judgment was entered on January 14, 2009 in the amount of $261,663.39. 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. The Property is listed for Sheriffs Sale on June 10, 2009. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has 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 June 10, 2009 Per Diem $42.87 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 TOTAL $246,074.74 $17,362.71 $538.30 $1,300.00 $706.50 $0.00 $0.00 $0.00 $1,461.40 $0.00 ($0.00) $3,880.23 $271,323.88 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff s attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on April 2, 2009 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: By: Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 PHH MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County GLENN R. SULLIVAN No. 08-6780 CIVIL TERM Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE GLENN R. SULLIVAN 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 426 ALLENDALE WAY, CAMP HILL, PA 17011-8408. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant 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 Sheriff s 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 Defendant 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 Sheriff s sale. Nationsbanc Mortgage Corp. 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 Defendant 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 Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is 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 mortgagor has 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 Defendant 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 maybe divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. / Phelan Hallinan & Schmieg, LLP DATE: zz r ° By: ??---? Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" C? ? O ff. r?+i?rr ? 25 Tr- F-n ;;2 ?,. 95 PHELAN HALLINAN & SCHMIEG LLP c rn . o , LAWRENCE T. PHELAN, ESQ., Id. No. 32227 . r- 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 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 191217 PHH MORTGAGE CORPORATION COURT OF COMMON PLEAS 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 CIVIL DIVISION Plaintiff TERM V. // NO. Q 7 ?hl C?`,?; 1 TUB GLENN R. SULLIVAN CUMBERLAND COUNTY 426 ALLENDALE WAY --We hereby cer* the CAMP HILL, PA 17011-8408 wi hin to be a true and correct copy of the Defendant originai'8W of record CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE A File H: 191217 ?.M,_ ? 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 #: 191217 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: GLENN R. SULLIVAN 426 ALLENDALE WAY CAMP HILL, PA 17011-9408 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/06/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR ERA HOME LOANS. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200746968. 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 06/01/2008 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 #: 191217 6. The following amounts are due on the mortgage: Principal Balance $246,074.74 Interest $8,402.52 05/01/2008 through 11/12/2008 (Per Diem $42.87) Attorney's Fees $1,250.00 Cumulative Late Charges $538.80 12/06/2007 to 11/12/2008 Mortgage Insurance Premium / $292.28 Private Mortgage Insurance Cost of Suit and Title Search 550.00 Subtotal $257,108.34 Escrow Credit $0.00 Deficit $1,897.11 Subtotal 9.897.11 TOTAL $259,005.45 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. 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. Fite #: 191217 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. 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 $259,005.45, together with interest from 11/12/2008 at the rate of $42.87 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: C ?0/ y LAWRENCE T. PHELAN, 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 #: 191217 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground with the buildings and improvements thereon erected, situate in the Township of Lower Allen, County of Cumberland, Commonwealth of Pennsylvania, described in accordance with a Plan of Lots entitled Section No. 1, Allendale Development Corporation, made by Damon and Foster, Civil Engineers, Sharon Hill, Pennsylvania, dated April 18, 1960 and recorded in Plan Book 11, Page 35, as follows, to wit: BEGINNING at a point on the weste*side of Allendale Way, said point being two hundred seven and fifty-seven one-hundredths feet measured South, along Allendale Way from the southerly terminus of a twenty-five feet radius curve which connects the said side of Allendale Way and the southerly side of Candlewyck Road; thence extending along Allendale Way, south twenty-two degrees thirty minutes sixteen seconds east, one hundred ten feet to a point; thence south sixty-seven degrees twenty-nine minutes forty-four seconds west, one hundred forty-nine and twenty-four one-hundredths feet; thence north nineteen degrees thirty minutes sixteen seconds west, one hundred ten and fifteen one-hundredths feet to a comer of Lot No. 11 on said Plan; thence along Lot No. 11, North sixty-seven degrees twenty- nine minutes forty-four seconds east, one hundred forty-three and forty-eight one-hundredths feet to the point and place of BEGINNING. BEING Lot No. 10 on the aforesaid Plan. HAVING THEREON ERECTED a split-level brick and frame dwelling known and numbered as 426 Allendale Way, Camp Hill, Pennsylvania. BEING the same premises which Shari L. Welter and Scott Cogley, by Deed of even date, produced herewith and intending to be recorded, granted and conveyed unto Glenn R. Sullivan, a married man, Mortgagor herein. PARCEL NO: 13-24-0807-147 PROPERTY ADDRESS: 426 ALLENDALE WAY File #: 191217 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 the 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 unsworn falsifications to authorities. c 4AE?yfbt???r Plaintiff ?(?i3? DATE: 11(3108 Exhibit "B" Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION VS. GLENN R. SULLIVAN 426 ALLENDALE WAY CAMP HILL, PA 17011-8408 o Attorney for Plaintiff-v y -, ° ? r-rr CUMBERLAND COUNW e.. ? COURT OF COMMON P'j'AS cj m : CIVIL DIVISION N K No. 08-6780 CIVIL TERM r^°?g 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 GLENN P- SUI.LLIVAN, 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 $259,005.45 Interest -11/13/2008 to 01/13/2009 $2.657.94 TOTAL $261,663.39 I hereby certify that (1) the addresses of the Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. Daniel G. Schmieg, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: / O PHS # 191217 PRO PROTHY Exhibit "C" ?+ A A y rG a rn rb rd ? x x ? a ~ ~ n m O O CD N N z J J CD o n c? z r r ? ? z Z ? ~ w 3 ? z z o ? o m O p T ^ M b (D FS C y C Z Z A a ?o to a o 6 6 z a V? > v b to o ? ? O ao a oo r rA y = a o r ? ? O H 0. ro `D i B ss °, o J O °0-o0 M °- o m c El ° go ? A oo' m c 00 F' o c o o ff. ( M N fj d A G 69 n ? 7 N fD 7 ?, O rn ? N °' G w a ^ . a _ 0 ?S`T. A w 9 `2?` ti ? Q 11E ' N(: Y dY )4 5 IMW? P(1 A $02 20° 02 111 . 0004218010 APR03 2019? ` MAILED FROM ZIP CODE 19113 Oil 6 i R S H . ? O (a9 ? y w 0.0 ?z ?a ? A GA ? y d 2 a z r a z x tr1 r r A A A O O l t VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. DATE: `ti12- /0;- BY: Phelan Hallinan & Schmieg, LLP Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 PHH MORTGAGE CORPORATION Plaintiff V. GLENN R. SULLIVAN Court of Common Pleas Civil Division CUMBERLAND County No. 08-6780 CIVIL TERM Defendant 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. GLENN R. SULLIVAN 426 ALLENDALE WAY CAMP HILL, PA 17011-8408 GLENN R. SULLIVAN 1337 Brandt Avenue New Cumberlnd, PA 17070 DATE: 2 a Phelan Hallinan & Schmieg, LLP By: Miche e M. Bradford, Esquire Attorney for Plaintiff CF The T"L Oft.MARY 2009 APR 13 Ail 9: 4 1 Uvo- APR 14 20096 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PHH MORTGAGE CORPORATION Plaintiff Court of Common Pleas Civil Division V. GLENN R. SULLIVAN Defendant CUMBERLAND County No. 08-6780 CIVIL TERM RULE AND NOW, this 6 day of /dh?7 2009, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. 20 Rule Returnable ors tie- clfl? of ?nng? at ;,, rhP r?R;,l BY THE COUR J. I t ? ?? ?,_`` , `?' % . "1., :,,_ ,,,;? t.T?.. - v- ?' ? ? LP t 4,?? y+_'- ? .?2 ?1 :??-- .. ?- ?? ? r v M' hele M. Bradford, Esquire lan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford a fedphe com GLENN R. SULLIVAN 6 ALLENDALE WAY GLENN R. SULLIVAN CAMP HILL, PA 17011-8408 337 Brandt Avenue New Cumberlnd, PA 17070 191217 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 PHH MORTGAGE CORPORATION Plaintiff V. GLENN R. SULLIVAN Defendant Court of Common Pleas Civil Division CUMBERLAND County No. 08-6780 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 16, 2009 Rule was sent to the following individual on the date indicated below. GLENN R. SULLIVAN 426 ALLENDALE WAY CAMP HILL, PA 17011-8408 DATE: -0 01 GLENN R. SULLIVAN 1337 Brandt Avenue New Cumberlnd, PA 17070 Ph lan Hallihan & Schmieg, LLP By: Mi ele . Bra ord, Esquire Attorney for Plaintiff il-F t t6..? tiF ??? ??? ?? ?,?; ? i ;.wv ?;; .;.. ,._..,,, a?:_ :? PHH MORTGAGE CORPORATION VS. GLENN R. SULLIVAN : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-6780 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO 4A-1 Pa. R.C.P. 405 OF NOTICE OF SALE I, 11 /44) Esq. attorney for PHH MORTGAGE CORPORATION hereby verify as follows: As required by Pa. R.C.P. 3129.1(a), Notice of Sale has been given to all known Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.1(c) on each of the persons or parties named, at that address set forth on the Affidavit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto as Exhibit "A". DATE: 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 Attorneys for Plaintiff } Y m ?' In ? W N r~.. p \G 00 J O? V? ? W N y c. a 0 p v 5t R r a z b °< CJ O ooP?? E3 N? pNp O p?p ry p p < W 7. $ w 3i w y y ? ? c 0 0- p o. " a °? 9 0 M ?BA°• 2Rp ? p O c aK"a s? P 7 v, cT H 5 n rv ? ??gd " c y v ? o Z A T 0-0 t= 0 cD 0 X 0 00 00 0 C ?r F n w y n `G S Q b D w O Cl) O O ?71 Ej G p? ?O N cn (9 O N CD ? c CD d < w CD :3. "? N W f?D p V (D c z. O C CD C a? ?0? O o CD cn CD 111 W O O ' X N .4 ?a C? tp bd b ?M ::? a o> v pp O .p N O O4c X?C U y tT 0 c az rA C r ?c) > z 3 cr 0 ' nWC?C OIi az O o n Hgo?: z col Q c H m a a r e a w A a a i kr 1900042laolo 02 1 $E02.200 - I MAf(EDfRpIV? ZIPCODE41g?03 "ar?0r? b ? ? a a?br ?CD rox? > CD CD W c oo (R° ;'can r?r Ln A a E; O cn C4 y E ? r ? O b O O "17 rl Cl? - ? .??_ culN i?; PHELAN LLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 ATTORNEY FOR PLAINTIFF PHH MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County GLENN R. ULLIVAN No. 08-6780 CIVIL TERM Defendant MOTION TO MAKE RULE ABSOLUTE PHH ORTGAGE CORPORATION, by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in suppo thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on April 13, 2009. 3. A Rule was entered by the Court on or about April 16, 2009 directing the Defendant to how cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on April 29, 2009, in accordance i of Service is 5. May 18,200 the applicable rules of civil procedure. A true and correct copy of the Certificate attached hereto, made part hereof, and marked Exhibit "B". Defendant failed to respond or otherwise plead by the Rule Returnable date of Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan & Sc ieg, LLP c Jill DATE: By; 1144 A I Ubt? Michel M. Bradford, Esqui Attorney for Plaintiff PHELAN LLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (? 1 5) 'iA1-7n PHH MOR' V. GLENN R. AGE CORPORATION Plaintiff LLIVAN Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-6780 CIVIL TERM T A entered by Motion to upon all p, Defendant to Reassess Damages was filed with the Court on April 13, 2009. A Rule was Court on or about April 16, 2009 directing the Defendant to show cause why the ssess Damages should not be granted. The Rule to Show Cause was timely served i s on April 29, 2009 in accordance with the applicable rules of civil procedure. ded to respond or otherwise plead by the Rule Returnable date of May 18, 2009. Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. i Phelan Hallinan & Schmieg, LLP c 4-11(ld A DATE: By: i I , IAUiAg, NA chel M. ra ord, Esquire Attorney for Plaintiff Exhibit "A" APR 141009,?7 PHH V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA TGAGE CORPORATION Plaintiff Court of Common Pleas Civil Division CUMBERLAND County No. 08-6780 CIVIL TERM GLENN R? SULLIVAN Defendant AND to show Damages. Rule R RULE this -t? day of ApjJE2009, a Rule is entered upon the Defendant >e why an Order should not be entered granting Plaintiffs Motion to Reassess 20 ' "5 ???erv i ce . rnable the etni+e, !mid !•?? 1?7T11??A1? n 1 1 T___ __ BY THE ?oURT S . fiAA J. Exhibit "B" R LE D-C) F", 0 THE 2009 RR 30 AM 10: ? 1 PHELAN by: Miche Atty. I.D. I One Penn f 1617 John PHH M V. GLENN R. SULLIVAN Defendant CERTIFICATION OF SERVICE I to the GLENN R. ULLIVAN 426 ALLE DALE WAY CAMP HILL, PA 17011-8408 iALLINAN & SCHMIEG, LLP e M. Bradford, Esquire lo. 69849 'enter, Suite 1400 Kennedy Boulevard PA 19103-1814 ?FTUq ??r N ATTORNEY FOR PLAINTIFF Court of Common Pleas t) r0 1 Civil Division .4 C 1, F AND County No. 08-6780 CIVIL TERM CORPORATION Plaintiff certify that a true and correct copy of the Court's April 16, 2009 Rule was sent individual on the date indicated below. GLENN R. SULLIVAN 1337 Brandt Avenue New Cumberlnd, PA 17070 ATE' liiian & Schmieg, LLP a DATE: By: EAS Mi ele . Bra ord, Esquire Attorney for Plaintiff VERIFICATION M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing M tion to Make Rule Absolute are true and correct to the best of her knowledge, information d 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 IYA ,A AA IL.4o DATE: By; 9 Rini Mich 4j . Bradfor , Es ire Attorney for Plaintiff PHELAN LLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F Kennedy Boulevard, Suite 1400 Philadelvhi PA 19103-1814 ATTORNEY FOR PLAINTIFF PHH MOR?GAGE CORPORATION Plaintiff V. GLENN R. SULLIVAN Defendant I and Brief in below. Court of Common Pleas Civil Division CUMBERLAND County No. 08-6780 CIVIL TERM CERTIFICATION OF SERVICE by certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute iupport thereof were served upon the following individuals on the date indicated GLENN R. ULLIVAN 426 ALLEN ALE WAY CAMP HIL , PA 17011-8408 DATE: GLENN R. SULLIVAN 1337 Brandt Avenue New Cumberlnd, PA 17070 P elan Hallinan & Schmieg, LLP 11;z- ? I & /+ lo I I a By: Mic le M. Bradfor , Esq ' e Attorney for Plaintiff FILED 2 N5 r;AY 22 t;. ? ?. 14 MAY 2 6 2009 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division V. GLENN R. SULLIVAN Defendant CUMBERLAND County No. 08-6780 CIVIL TERM ORDER AND NOW, this 2- 7' day of /44., , 2009, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $246,074.74 Interest Through June 10, 2009 $17,362.71 Per Diem $42.87 Late Charges $538.30 Legal fees $1,300.00 Cost of Suit and Title $706.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $0.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $1,461.40 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $3,880.23 TOTAL $271,323.88 Plus interest from June 10, 2009 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT 191217 C-4 PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G. SCHMIEG ESQUIRE IDENTIFICATION NO. 62205 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. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County GLENN R. SULLIVAN Defendant No. 08-6780 CIVIL TERM EMERGENCY MOTION FOR POSTPONEMENT OF SHERIFF'S SALE Plaintiff, by its counsel, PHELAN HALLINAN & SCHMIEG, LLP, petitions this Honorable Court for a postponement of its Sheriffs Sale scheduled in the above-captioned matter and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for October 7, 2009. 2. Plaintiff wishes to postpone the Sheriff's Sale in accordance with a voluntary "moratorium" on foreclosures. The purpose of said moratorium is to hopefully avoid the necessity of the foreclosure and allow for a possible workout of the default. 3. Unless the court grants this Order to postpone the Sheriff's Sale, the Plaintiff will have to re-advertise the property in furtherance of Pa.R.C.P. 3129.2, which will result in additional costs to the parties. 4. A brief postponement of the Sheriff's Sale will not prejudice Defendant and will, in fact, inure to his benefit. WHEREFORE, Plaintiff respectfully requests that the Sheriffs Sale of the mortgaged premises be continued to January 6, 2010 Sale. Respectfully submitted, PHELAN H IN & SCHMIEG, LLP Date: %b J °I By Daniel G. Schmieg, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G. SCHMIEG ESQUIRE IDENTIFICATION NO. 62205 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. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County GLENN R. SULLIVAN Defendant No. 08-6780 CIVIL TERM PLAINTIFF'S MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 3129.3 provides for the postponement of a Sheriffs Sale of real property by special order of Court. In the case at bar, a Sheriffs Sale of the mortgaged premises has been scheduled for October 7, 2009; however, a three-month postponement is requested in observance of the general foreclosure moratorium. Inasmuch as the postponement will inure to the benefit of the Defendant, Defendant will not be injured by the granting of the relief requested. Accordingly, Plaintiff respectfully requests a three-month continuance of the Sheriff's Sale of the mortgaged premises to the January 6, 2010 Sheriff s sale. Respectfully submitted, PHELAN HALLI AN SCHMIEG, LLP Date: %O-q-0 B Daniel G. Schmieg ire Attorney for Plaintiff VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to take this verification, and that the statements made in the foregoing Emergency Motion for Postponement of Sheriffs Sale are true and correct to the best of his knowledge, information and belief. The undersigned also understands that this statement herein is made subject to the penalties of 18 Pa. Sec. 4904 relating to unworn falsification to authorities. Respectfully submitted, PHELAN HAL41NAX& SCHMIEG, LLP Date: ?.., . ?,'t>at B- Daniel G. Schmieg, uire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL G. SCHMIEG ESQUIRE IDENTIFICATION NO. 62205 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. GLENN R. SULLIVAN Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-6780 CIVIL TERM CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire hereby certify that a copy of the Emergency Motion for Postpone Sheriffs Sale, Memorandum of Law in Support thereof, and Certification of Service, has been sent to the individuals indicated below on the date indicated below: GLENN R. SULLIVAN 426 ALLENDALE WAY CAMP HILL, PA 17011-8408 Date: 10 " GLENN R. SULLIVAN 1337 BRANDT AVNEU NEW CUMBERLAND, PA 17070 Respectfully submitted, PHELAN HALLI AN SCHMIEG, LLP By Daniel G. Schmieg, Esquire Attorney for Plaintiff S- 'o S OF ? FLL- T? ONOrAPY 2009 OCT -6 g: 38 1) OCT 0 6 2009 11 IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION Plaintiff V. Court of Common Pleas Civil Division CUMBERLAND County GLENN R. SULLIVAN Defendant No. 08-6780 CIVIL TERM ORDER AND NOW, this _day of October 2009, after consideration of Plaintiffs Emergency Motion to Postpone Sheriffs Sale of the mortgaged property, it is hereby ORDERED that the said sale of 426 Allendale Way, Camp Hill, PA 17011-8408, is hereby extended to the regularly scheduled CUMBERLAND County Sheriffs Sale dated January 6, 2010. No further advertising or additional notice to lien holders or defendants is required; however, the Sheriff has made an announcement of the postponement to the assembled bidders and Plaintiff is to forward a copy of this Order to Defendant via first class mail. cc: Daniel G. Schmieg, Esquire GLENN R. SULLIVAN taffy ci` lcl / U -G - , C Sheriff of CUMBERLAND CountX "opy?o(+.erd by wlt7 / 'hs# 191217 FLECH'. FF JCE OF THE' Fn,oTHI)%0TARY 2009 OCT -6 AM 9= 11 C ti ;r a "WY SHERIFF'S OFFICE OF CUMBERLAND COUNTY 171 Ronny R Anderson ,.'J ; R,;;nRY Sheriff Jody S Smith ? Chief Deputy 20 ! 0 J A N I ( AA 0: 11 Edward L Schorpp Solicitor C`t ff= ;i"v? PHH Mortgage Corporation I Case Number vs. 2008-6780 Glenn R Sullivan SHERIFF'S RETURN OF SERVICE 11/10/2009 Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on 4/8/09 at 1236 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 Glenn R. Sullivan, located at, 426 Allendale Way, Camp Hill, Cumberland County, Pennsylvania according to law. 11/10/2009 Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on 3/9/09 at 1130 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Glenn R. Sullivan, by making known unto, Jolynn Sullivan (wife), at, 426 Allendale Way, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 01/04/2010 Property sale cancelled on 1/4/2010 SHERIFF COST: $125.82 January 07, 2010 SO f?-V PINY R ANDERSON, SHERIFF L _?I r PHH MORTGAGE CORPORATION . CUMBERLAND COUNTY ` Plaintiff, V. COURT OF COMMON PLEAS GLENN R. SULLIVAN CIVIL DIVISION Defendant(s). NO. 08-6780 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 PHH MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,426 ALLENDALE WAY, CAMP HILL, PA 17011-8408. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) GLENN R. SULLIVAN 426 ALLENDALE WAY CAMP HILL, PA 17011-8408 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None IN ti 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 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 426 ALLENDALE WAY CAMP HILL, PA 17011-8408 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 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. February 23, 2009 DATE DA I G. SCH G, ESQUIRE Attorney for Plaintiff PHH MORTGAGE CORPORATION Plaintiff, V. CUMBERLAND COUNTY No. 08-6780 CIVIL TERM GLENN R. SULLIVAN Defendant(s). February 23, 2009 TO: GLENN R. SULLIVAN 426 ALLENDALE WAY CAMP HILL, PA 17011-8408 "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, 426 ALLENDALE WAY, CAMP HILL, PA 17011-8408, is scheduled to be sold at the Sheriffs Sale on JUNE 10, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $261,663.39 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: 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. Ift. 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 e LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground with the buildings and improvements thereon erected, situate in the Township of Lower Allen, County of Cumberland, Commonwealth of Pennsylvania, described in accordance with a Plan of Lots entitled Section No. 1, Allendale Development Corporation, made by Damon and Foster, Civil Engineers, Sharon Hill, Pennsylvania, dated April 18, 1960, and recorded in Plan Book 11, Page 35, as follows, to wit: BEGINNING at a point on the western side of Allendale Way, said point being 207.57 feet measured South, along Allendale Way from the southerly terminus of a 25 feet radius curve which connects the said side of Allendale Way and the southerly side of Candlewyck Road; thence extending along Allendale Way, South 22 degrees 30 minutes 16 seconds East, 110.00 feet to a point; thence South 67 degrees 29 minutes 44 seconds West, 149.24 feet; thence North 19 degrees 30 minutes 16 seconds West, 110.15 feet to a corner of Lot No. 11 on said Plan; thence along Lot No. 11, North 67 degrees 29 minutes 44 seconds East, 143.48 feet to the point and place of BEGINNING. BEING Lot No. 10 on the aforesaid Plan. HAVING THEREON ERECTED a split-level brick and frame dwelling known and numbered as 426 Allendale Way, Camp Hill, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Glenn R. Sullivan, married man, by Deed from Shari L. Weller and Scott Cogley, her husband, dated 12/06/2007, recorded 12/20/2007 in Instrument Number 200746967. The said Shari L. Weller has since intermarried with Scott Cogley, who joins in this conveyance for the purpose of releasing any marital interests or rights he may have in said premises. PREMISES BEING: 426 ALLENDALE WAY, CAMP HILL, PA 17011-8408 PARCEL NO. 13-24-0807-147 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-6780 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION Plaintiff (s) From GLENN R SULLIVAN (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 $ 261,663.39 L.L.$0.50 Interest FROM 01/14/2009-06/10/2009 (PER DIEM - $43.61) $6,454.28 Atty's Comm % Atty Paid $ 163.00 Plaintiff Paid Date: FEBRUARY 25, 2009 (Seal) REQUESTING PARTY: Name DANIEL G SCHMIEG ESQUIRE Address: ONE, PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Due Prothy $2.00 Other Costs Cu s R. Long, Pr otary By: Deputy Real Estate Sale # 75 On February 27, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as 426 Allendale Way, Camp Hil , More fully described on Exhibit "A" filed with this writ and by this reference incorporated herein, Date: February 27, 2009 By: The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE the PdalotwNews AN. Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/24/09 05/01/09 05/08/09 . . . . . .____ . r I J` . . . . . . . . . . . Sworn to`ar?u cribed before me thi 12 lay of y, 2009 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial sew My C ern C" Member, Pen EVW" Nov 26, 2011 nsYwanla AssWatlon of N?arle8 ARM" #a_ 7A 10 '94ft ideg, LEGAL 069CWIPnON ALL THAT CERTAIN lot or piece of ground with the builttipgs and smpmvemems thereon erected, ft* is the lowaeMp of Lower Alien, County of Cumbrtdacd. Commonwealth of Pennsylvania, described in aocwdaoce with a Plan of Lots entiilad Section No 1, Allendale Development Corporation, made by Damon and Foster, Civil Engineers, Sharon Hill, Pennsylvania, dated April 18, 1960, and recorded in Plan Book 11, Page 35, as follows, to wit: BEGINNING at a point on the we* m side of Allendale Way, said point Wing 20757 feet rnmsr+ed South, along Atimrl I y from the soudmiy termieus of a 25 fed radius curve which corm" the said side of Allendale Way ro tto?s?i?t? tiire°?1r?r3# Uigtiliwr 29 ors 44 seconds West, 149.24 toot thence North 19 degrees 30 minutes 16 seconds Weal, 110.15 feet to a corner of Lot No. I1 on said Plan; thence along Lot No. 11, North 67 degrees 29 minutes 44 seconds East, 143.48 feet to the point and place of BEGINNING. BEING Lot No. 10 on the aforesaidPian. HAYING THEMN ERECTED a split-level brick and frame dwelling known and numbered as 426 Allendale Way, Camp Hill, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Glenn R. Sullivan, married man, by Deed from Shari L. Weller and Scott Cogley, her husband, dated 12/06!2007, recorded 12/20!2007 in Instrument Number 200746467. The said Shari L. Weller has since intermarried with Scott Cogley, who joins in this conveyance for the.purpose of releasing any marital interests or rights he may have in said premises. PREMISES BEING: 426 A112NDALE WAY, CAMP HDLL, PA 1781148 PARCEL NO. 1344-W-147 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : 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: May 1, May 8, and May 15, 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. Marie Coyne, SWORN TO AND SUBSCRIBED before me this 15 day of Mqy, 2009 (JL Notary NOTARIAL SEAL DEBORAH A C:OLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNT( My Comrrus!; on Expires Apr 28, 2010 REAL ESTATE SALE NO. 75 Writ No, 2008-6780 t=Rvi7 PHH Mortgage Corporation C=ten 1".5ulhvarn Atty._ Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground with the buildings and improvements thereon erected, situ" ate in the Township of Lower Allen, Countv of Cumberland, Common- wealth of Pennsylvania, described in accordance with a Plan of Lots en- titled Section No. 1. Allendale Devel- opment Corporation, made by Damon and Foster, Civil Engineers, Sharon Hill, Pennsylvania, dated April 18, 1960, and recorded in Plan Book 11, Page 35, as follows, to wit: BEGINNING at a point or thti_ western side of Allendale Way, said point being 207.57 feet measured South, along Allendale Way from the southerly terminus of a 25 feet radius curve which connects the said side of Allendale Way and the southerly side of Candlewyck Road; thence extend- ing along Allendale Way, South 22 degrees 30 minutes 16 seconds East. 110.00 feet to a point; thence South 67 degrees 29 minutes 44 seconds West, 149.24 feet; thence North 19 degrees 30 minutes 16 seconds West 110.15 feet to a corner of Lot No. 1 on said Plan; thence along Lot No 11, North 67 degrees 29 minutes 4-- seconds East, 143.48 feet to the point and place of BEGINNING. BEING Lot No. 10 on the afore said Plan HAVING THEREON ERECTED split-level brick and frame dwelling known and numbered as 426 Allen dale Way, Camp Hill, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Glenn R. Sullivan, mar ried man, by Deed from Shari C_ Weller and Scott Cogley, her hus band, dated 12/06/2007, recorded 12/20/2007 in Instrument Number 200746967 The said Shari L. Weller has since, intermarried with Scott Cogley, who joins in this conveyance for the purpose of releasing any marita interests or rights he may have ir, said premises. PREMISES BEING: 426 ALLEti DALE WAY, CAMP HILL, PA 17011 8408. PARCE- i'u 12-24-0807-147 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 PHH MORTGAGE CORPORATION Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION v GLENN R. SULLIVAN Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 06/11/2009 to Date of Sale ($45.22 per diem) TOTAL O *A4. oo P AT TY 44- oo ezF Jas Sa .. 78. so 1q.00 ? dl4. oo " $310-3Q -PP- A-MY Note: Please attach description of property. PHS # 191217 e# q%tol q 2*- 0143010` p& 4a&,md NO. 08-6780 CIVIL TERM CUMBERLAND COUNTY $271,323.88 _N $20,575.10 C7 Z1?: ctlj-_ ' t N 291 898.98 -Q I :n .r Attorney for Plaintif 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 ? dith T. Romano, Esq., Id. No. 58745 f [ 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. 80134 ? 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 'i"1 71- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION Plaintiff V. GLENN R. SULLIVAN Defendant(s) PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) Filed: Attorney for Plaintix J ?J Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hall inan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? ith 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 Address where papers may be served: GLENN R. SULLIVAN 426 ALLENDALE WAY CAMP HILL, PA 17011-8408 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff V. GLENN R. SULLIVAN Defendant(s) ,FILED-O ICE OF THEE PROWICRRY 2010 JUN -2 PM 1: '+2 Attorneys for Plaintiff : COURT OF COMMON PLEAS CUMIE?HL 'Z COUNTY PENNSYLVAN}A : CIVIL DIVISION : NO. 08-6780 CIVIL TERM : CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Attorney for Plaintiff 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 ? ith 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 PHH MORTGAGE CORPORATION Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION V. GLENN R. SULLIVAN Defendant(s) NO. 08-6780 CIVIL TERM CUMBERLAND COUNTY PHS # 191217 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 426 ALLENDALE WAY, CAMP HILL, PA 17011-8408. 1. Name and address of Owner(s) or reputed Owner(s): Name GLENN R. SULLIVAN 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably s C ascertained, please so indicate) m c M 426 ALLENDALE WAY CAMP HILL, PA 17011-8408 - . p .7 F 1"5 m Address (if address cannot be reasonably ascertained, please so indicate) 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 Address (if address cannot be reasonably ascertained, please indicate) None. 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. O 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 426 ALLENDALE WAY CAMP HILL, PA 17011-8408 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 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. By. -SIA^ Attorney for Plaintiff 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 ? dith T. Romano, Esq., Id. No. 58745 ESheetal 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 PHH MORTGAGE CORPORATION : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. GLENN R. SULLIVAN : NO. 08-6780 CIVIL TERM : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: GLENN R. SULLIVAN 426 ALLENDALE WAY CAMP HILL, PA 17011-8408 * *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, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 426 ALLENDALE WAY, CAMP HILL, PA 17011-8408 is scheduled to be sold at the Sheriff's Sale on 09/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Han over Street, Carlisle, PA 17013 to enforce the court judgment of $271,323.88 obtained by PHH MORTGAqE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announceQnt ?1 b?; made at said sale in compliance with Pa.R.C.P. Rule 3129.3. -rco c..- -+L Zr i .ai.? HIM tTJ NOTICE OF OWNER'S RIGHTS. N YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE C s' ' To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled 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 x1230. 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 Sheriff's 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 215-563-7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 08-6780 CIVIL TERM PHH MORTGAGE CORPORATION VS. GLENN R. SULLIVAN owner(s) of property situate in the TOWNSHIP OF LOWER ALLEN, Cumberland County, Pennsylvania, being (Municipality) 426 ALLENDALE WAY, CAMP HILL, PA 17011-8408 Parcel No. 13-24-0807-147 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $271,323.88 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground with the buildings and improvements thereon erected, situate in the Township of Lower Allen, County of Cumberland, Commonwealth of Pennsylvania, described in accordance with a Plan of Lots entitled Section No. 1, Allendale Development Corporation, made by Damon and Foster, Civil Engineers, Sharon Hill, Pennsylvania, dated April 18, 1960, and recorded in Plan Book 11, Page 35, as follows, to wit: BEGINNING at a point on the western side of Allendale Way, said point being 207.57 feet measured South, along Allendale Way from the southerly terminus of a 25 feet radius curve which connects the said side of Allendale Way and the southerly side of Candlewyck Road; thence extending along Allendale Way, South 22 degrees 30 minutes 16 seconds East, 110.00 feet to a point; thence South 67 degrees 29 minutes 44 seconds West, 149.24 feet; thence North 19 degrees 30 minutes 16 seconds West, 110.15 feet to a corner of Lot No. 11 on said Plan; thence along Lot No. 11, North 67 degrees 29 minutes 44 seconds East, 143.48 feet to the point and place of BEGINNING. BEING Lot No. 10 on the aforesaid Plan. HAVING THEREON ERECTED a split-level brick and frame dwelling known and numbered as 426 Allendale Way, Camp Hill, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Glenn R. Sullivan, married man, by Deed from Shari L. Weller and Scott Cogley, her husband, dated 12/06/2007, recorded 12/20/2007 in Instrument Number 200746967. PREMISES BEING: 426 ALLENDALE WAY, CAMP HILL, PA 17011-8408 PARCEL NO. 13-24-0807-147 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-6780 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION, Plaintiff (s) From GLENN R. SULLIVAN (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 $271,323.88 L.L. Interest from 6/11/09 to Date of Sale ($45.22 per diem) -- $20,575.10 Atty's Comm % Due Prothy $2.00 Atty Paid $310.32 Other Costs Plaintiff Paid Date: 6/2/10 / avid D. Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: SHEETAL R. SHAH-JANI, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 81760 ;FFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF PHH MORTGAGE CORPORATION PHS # 191217 SERVICE TEAM/ kxc DEFENDANT COURT NO.: 08-6750 CIVIL TERM GLENN R. SULLIVAN O TYPE ACTION SERVE GLENN R. SULLIVAN AT: k XX Notice o(Sher; 's Sale (7 p _ 426 ALLENDALE WAY SALE DATE: 09AM2010 _ -- ?? CAMP HILL, PA 170114WO SERVED t ( da ndant on the y of NA , f D at : 6. G , 20 11 o e e R. SULLIV AN , rved and made known to G E N wA f . in the manner described below: S 1, o'clock ?. M., at ?'` ? .??At? 4( PA I/ Defendant personally served. ' Adult family member with whom Defendant(s) reside(s). . - Relationship is Adult in charge of Defendant'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 office or usual place of business. ' _ s company. an officer of said Defendant _ Other. W - - _ Height Weight 00 Race Description: Age AryS Sex ji- Other Qrrf1M4,D /vtOL - , a competent adult, being duly sworn according to law, depose and state that I personally issued in the captioned set forth herein I , , handed a true and correct copy of the Notice of Sheriffs Sale in the mariner as bove d le a :a J' case on the date and at the address 1ndlca K1T? BEM-Y CUI TY NOT,?Ay PUBLIC 'TRSEY SFY L'C NOT SERVED MY COMMISSION EVIRES MARCH 7, 2013 20at - o'clock _ M., Defendant NOT FOU ause: Bad Address -Moved - Does Not Reside (Not Vacant) at Other: Swots to and subscribed before me this day of Notary: ATTORNEY FOR PLAINTIFF Law?asQ T.lYer.E+4.1i fM.3IIr7 r.,.a.s. mr.aa.8y, kt n.62ss I=cicle:. s F+. Fay,aa, w.1N. sts9 Mkkde M. s..+r.r>Z Ir.. hs., Jdbk T. RM-0, Fa4, W. IL. 59745 3acYe IL [bc?q, 69•. ti ? F/Frl rarer R. Tabr, D%. K K& 93W viwk sdeaMSw. An, it 74.2=1 J" R. Jaae, Fall. It 14. MP p,Wj.M - -, Faj61WLW&6rI91 Admw L hack, ray, W. ft IM)! Jabae "wham Fay, IL 1ef WLU Qaha,ahow T. FRabac, F1+, W rb "M Cew? R, paw, Fay, IL MW 286779 Adi C. Rncablde_ Bak, l3- ft 2"M owe Pon e:easr sbaw Ia73eka F. r h Rhd., SdAe NO F1 I I %I I , PA 19M34514 (215)963-7= By: Service A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION Plaintiff, V. GLENN R. SULLIVAN Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 'o COMMONWEALTH OF PENNSYLVANIA PHILADELPHIA COUNTY CUMBERLAND COUNTY COURT OF COMMON PbEA;t,-,-,' 0 3 CIVIL DIVISION As - i? No. 08-6780 CIVIL TE18-1- (7 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 attached ,Ge eto Exhibit "A". Date: _8,7 UI o " Lawfence 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 ? ew 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 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 # 191217 AI w s o is ti aao,j d+z wosA ar:nrovw . ZONnr ssZCCj% O - to Z 00Z OU TO $ s ffi . .?.-? 1,;100 AWUM $ N(.j N R > N w H yC R l7 ? E- Q r . yy Q pppp ? d ? ? L. ? rl ? 1C ? y ~?Ji .? ?? o v d N o p? ti o' o$Oi...e . ? o. ?? ? ?• ?? ad e z . ' ? ,m w3 ? ? z E•?QU AU.-+UU? t?s; ?v?a?,-?a oow? z 49 4 t " ? N M V vi a no c a. °r.~.c, Nr. Mi. fir ^i t S~-IEi~1FF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ~a~~',titu at ~utr~b~rf~~~ r ~L~D-0~'~'tt~' ~d= T~~ PF~~7H~"~flTraY 21110 ~C~ 14 AM 10~ I ~} Richard W Stewart SOIICItOr (}FFi4'E ~F T~E _ ~ ERIFF ~~Ma~~~.~o cau~~Y PE~~dSYLYANIa PHH Mortgage Corporation vs. Glenn R Sullivan Case Number 2008-6780 SHERIFF'S RETURN OF SERVICE 06/23/2010 06:56 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on 6-23-2010 at 1852 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 Glenn R. Sullivan, located at, 426 Allendale Way, Camp Hill, Cumberland County, Pennsylvania according to law. 07/01/2010 08:12 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on 7/1/10 at 2005 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Glenn R. Sullivan, by making known unto, Glenn R. Sullivan, personally, at, 426 Allendale Way, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 09/09/2010 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 9/8/10 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg on behalf of Fannie Mae, P.O. Box 650043, Dallas, TX 75265 being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 780.75 SHERIFF COST: $780.75 October 11, 2010 SO ANSWERS, -...,~, RON R ANDERSON, SHERIFF ~f~•OD lE'~ ~ ~. ~? ~ god ~ C'o ~~ ~~~ ~ ~cj CountySuite Shen$ Teleosoft. Inc. a 1 ~ PHH MORTGAGE C4Rp(~RA'TION Plaintiff v. GLENN R. SULLIVAN Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION N0.08-6780 CIVIL TERM CUMBERLAND COUNTY PHS # 191217 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 426 ALLENDALE WAY, CAMP HILL, PA 17011-8408. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) GLENN R SULLIVAN 426 ALLENDALE WAY CAMP HILL, PA 17011-8408 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) 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 Address (if address cannot be reasonably ascertained, please indicate) None. 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. t ' i • ~ 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 426 ALLENDALE WAY CAMP HILL, PA 17011-8408 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle, PA 17013 Commonwealth of Pennsylvania P.O. Box 2675 Department of Welfare Harrisburg, PA 17105 United States Internal Revenue 13th Floor, Suite 1300 Special Procedures Branch 1001 Liberty Avenue Federated Investors Tower Pittsburgh, PA 15222 U.S. Department of Justice Federal Building, P.O. Box 11754 U.S. Attorney for the Middle District of PA 228 Walnut Street Harrisburg, PA 17108 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. ~~~ s __ By: Attorney for Plaintiff Phelan Hallman &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallman, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ dith 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 PHH MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. GLENN R. SULLIVAN N0.08-6780 CIVIL TERM CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: GLENN R. SULLIVAN 426 ALLENDALE WAY CAMP HILL, PA 17011-8408 * *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, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 426 ALLENDALE WAY, CAMP HILL, PA 17011-8408 is scheduled to be sold at the Sheriffls Sale on 09/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $271,323.88 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 Sheriff s Sale, you must take immediate action: 1. The sale will be canceled 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 x1230. 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 Sheriff s 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 fmd out if this has happened, you may cal1215-563-7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. 'The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution N0.08-6780 CIVIL TERM PHH MORTGAGE CORPORATION vs. GLENN R. SULLIVAN owner(s) of property situate in the TOWNSHIP OF LOWER ALLEN, Cumberland County, Pennsylvania, being (Municipality) 426 ALLENDALE WAY, CAMP HILL, PA 17011-84.08 Parcel No. 13-24-0807-147 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $271,323.88 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 r LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground with the buildings and improvements thereon erected, situate in the Township of Lower Allen, County of Cumberland, Commonwealth of Pennsylvania, described in accordance with a Plan of Lots entitled Section No. 1, Allendale Development Corporation, made by Damon and Foster, Civil Engineers, Sharon Hill, Pennsylvania, dated April 18, 1960, and recorded in Plan Book 11, Page 35, as follows, to wit: BEGINNING at a point on the western side of Allendale Way, said point being 207.57 feet measured South, along Allendale Way from the southerly terminus of a 25 feet radius curve which connects the said side of Allendale Way and the southerly side of Candlewyck Road; thence extending along Allendale Way, South 22 degrees 30 minutes 16 seconds East, 110.00 feet to a point; thence South 67 degrees 29 minutes 44 seconds West, 149.24 feet; thence North 19 degrees 30 minutes 16 seconds West, 110.15 feet to a corner of Lot No. 11 on said Plan; thence along Lot No. 11, North 67 degrees 29 minutes 44 seconds East, 143.48 feet to the point and place of BEGINNING. BEING Lot No. 10 on the aforesaid Plan. HAVING THEREON ERECTED asplit-level brick and frame dwelling known and numbered as 426 Allendale Way, Camp Hill, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Glenn R. Sullivan, married man, by Deed from Shari L. Weller and Scott Cogley, her husband; dated 12/06/2007, recorded 12/20/2007 in Instrument Number 200746967. PREMISES BEING: 426 ALLENDALE WAY, CAMP HILL, PA 17011-8408 PARCEL NO. 13-24-0$07-147 • WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-6780 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 GLENN R. SULLIVAN (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 $271,323.88 L.L. Interest from 6/11/09 to Date of Sale ($45.22 per diem) -- $20,575.10 Atty's Comm % Due Prothy $2.00 Atty Paid $310.32 Other Costs Plaintiff Paid Date: 6/2/10 id D. Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: SHEETAL R. SHAH-JANI, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 81760 On June 14, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA, Known and numbered as, 426. Allendale Way, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference. incorporated herein. Date: June 14, 2010 Estate Coordinator ,-•~- r i- .~.~- r.; ., Wit. ~~ C C- iui!`:~ ~lilJ~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND 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 Cazlisle 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 Januazy 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: July 16, July 23, and July 30, 2010 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. writ lfo. ~o0t-6760 Cull PHH Mortgage Corporation vs. Glenn R. Sullivan Atty.: Daniel G. Schmieg By virtue of a Writ of Execu- tion NO. OS-6780 CIVIL TERM, PHH MORTGAGE CORPORATION vs. GLENN R. SULLIVAN, owner of property situate in the TOWNSHIP OF LOWER ALLEN, Cumberland County, Pennsylvania, being 426 ALLENDALE WAY, CAMP HILL, PA 17011-8408. Parcel No. 13-24-0807-147. Imprwenienta thereon: RE3IDLN- TIAL DWELLING. JUDC}M}:NTAMOUNT: $271,323- .88. Li a Marie Coyne, itor SWORN TO AND SUBSCRIBED before me this 30 da of Jul 2010 i Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28.2014 The Patriot-News Co. ~20 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ~he~latriot-News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-Nevus and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the Ciity, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and errtpowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: Writ No. 2008-6780 Civil Term 07/09/10 PHH Mortgage Corporation vs 07/16/10 Glenn R Sullivan Atiy: Daniel G Schmieg 07/23/10 By virtue of a Writ of Execution N0.08-6780 ~ ~ CIVIL TERM PHH MORTGAGE CORPORATION - cLENNR.sULLIVAN Sworn to ~rrc3,~bscribed before, th+s`05 y ofAugust, 2010 A.D. owner(s) of property situate in the TOWNSHIP OF LOWER ALLEN, Cumberland County, ~r'~~ l ., ~' Pennsylvania, being ~~ ~~~G't ~ v--f'~ ~ ~ /~ "'~ i',~ ~,~=~ _~. (Municipality) `-- Notary Public `''~- 426 ALLENDALE WAY, CAMP HILL, PA 17011-8408 Pazcel No. 13-24-0807-147 (Acreage or street address) CON1Ni©NV`JEAL ii Cat= pENNSy~vp,~iA Improvements thereon: RESIDENTIAL DWELLING Notarlal5eal JUDGMENT AMOUNT: $271,323.88 Sherrie L Kisner, Notary Public Lower Parton Twp., Dauphin Caunty ~ My Commission Expires Nov. 26, 2011 Member, Pennsyivania Assaciaiion of PJotaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Fannie Mae is the grantee the same having been sold to said grantee on the 8th day of September A.D., 2010, under and by virtue of a writ Execution issued on the 2nd day of June, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 6780, at the suit of PHH Mortga eg Corp against Glenn R Sullivan is duly recorded as Instrument Number 201029359. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this j 1.~,~,_,,~ , A.D. ~y f y day of of Deeds Recaderd0eed~,dirt~belfandOotnly~0eP11 ~"'. tuy Commission the Fret tllorid~r of Jen. 2Dt4 PHELAN HALLINAN & SCHMIEG, LLP By: Joseph P. Schalk, Esquire Identification No. 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 PHH Mortgage Corporation, 4001 Leadenhall Road Mount Laurel, NJ 08054 Plaintiff VS. Glenn R. Sullivan 426 Allendale Way Camp Hill, PA 17011-8408 Defendant C d ,.. 12 AIN 1!: :SE Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 08-6780 PLAINTIFF'S MOTION TO SET ASIDE SHERIFF'S SALE Plaintiff, PHH Mortgage Corporation, by and through its attorneys, Phelan Hallinan & Schmieg, LLP, respectfully requests that this Honorable Court enter an Order setting aside the September 8, 2010 Sheriff's sale of the property located at 426 Allendale Way, Camp Hill, PA, and in support thereof avers as follows: 1. An in rem judgment was entered in favor of Plaintiff in the above-referenced mortgage foreclosure action on January 14, 2009. 2. Pursuant to a Writ of Execution issued on June 2, 2010 to enforce the Judgment, the mortgaged premises was sold to Plaintiff at the Cumberland County Sheriff s sale held on September 8, 2010. 191217 3. On October 27, 2010, Plaintiff's counsel received notification that the Defendant was approved for a loan modification. 4. Defendant is attempting to cure the default through the loan modification and Plaintiff is required to take this necessary and administrative step to set aside the sale to re-vest title to the premises in the Defendant. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order setting aside the September 8, 2010 Sheriff's sale. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: 1 ?14 0 191217 PHELAN HALLINAN & SCHMIEG, LLP By: Joseph P. Schalk, Esquire Identification No. 91656 126 Locust Street Attorney for Plaintiff Harrisburg, PA 17101 (215) 563-7000 PHH Mortgage Corporation, 4001 Leadenhall Road Mount Laurel, NJ 08054 Plaintiff vs. Glenn R. Sullivan 426 Allendale Way Camp Hill, PA 17011-8408 Defendant Court of Common Pleas Civil Division Cumberland County No. 08-6780 PLAINTIFF'S BRIEF IN SUPPORT OF ITS MOTION TO SET ASIDE SHERIFF'S SALE 1. FACTUAL BACKGROUND An in rem judgment was entered in favor of Plaintiff in the above-referenced mortgage foreclosure action on January 14, 2009. Pursuant to a Writ of Execution issued on June 2, 2010 to enforce the aforementioned judgment, the mortgaged premises was sold to Plaintiff at the Cumberland County Sheriff's sale held on September 8, 2010. However, unbeknownst to Plaintiff s counsel, Defendant, Glenn R. Sullivan was approved for a loan modification. Plaintiff's counsel was notified of the approval of the loan modification on October 27, 2010. 191217 II. LEGAL AUTHORITY A. Setting Aside a Sheriffs Sale Pennsylvania Rule of Civil Procedure 3132 provides the Court with the authority to set aside a Sheriffs sale upon petition of any party, prior to the delivery of the Deed, upon proper cause shown. Merrill Lynch Mortg. Capital vs. Steele, 2004 Pa.Super. 341, 859 A.2d 788 (2004). Bornman v. Gordon, 363 Pa. Super. 607, 611 (1987). In the instant case, the Sheriff has not yet delivered the Deed. In its attached petition, Plaintiff has demonstrated proper cause to set aside the Sheriffs sale. Accordingly, the Court has the authority to set aside the instant Sheriffs sale. Setting aside the Sheriffs sale will not harm any party. Rather, it will benefit all interested parties. B. Relief in Aid of Execution Pa.R.C.P. 3118 is designed to give the court "broad discretion to provide relief in aid of execution". National Recovery Systems v. Pinto, 18 D. & C. 3d 684, 686 (Pa.Comp.Pl 1981). Specifically, the rule provides, inter alia: (a) On petition of the plaintiff, after notice and hearing, the court in which a judgment has been entered may, before or after the issuance of a writ of execution, enter an order against any party or person... (3) directing the defendant or any other party or person to take such action as the court may direct to preserve collateral security for property of the defendant levied upon or attached, or any security interest levied upon or attached; ... (6) granting such other relief as may be deemed necessary and appropriate. Pa.R.C.P.3118(a). The predicates for a petitioner to obtain supplementary relief in aid of execution of a judgment are (1) the existence of an underlying judgment; and (2) property of the debtor subject to execution. Kaplan v. I. Kaplan Inc., 422 Pa. Super. 215, 619 A.2d 322 (1993). In this case, there is no question that an underlying judgment was entered in favor of the Plaintiff and against 191217 the Defendant. Moreover, it is also clear that the mortgaged property was property of the Defendant and subject to attachment and execution. Therefore, the Plaintiff is entitled to invoke Rule 3118 in support of its motion, and the court has jurisdiction over this matter. C. Equitable Principles This Court has plenary power to administer equity according to well-settled principles of equity jurisprudence in cases under its jurisdiction. Cheval v. City of Philadelphia, 176 A. 779, 116 Pa. Super. 101 (1935). Moreover, it is well settled that Courts will lean to a liberal exercise of the equity power conferred upon them instead of encouraging technical niceties in the modes of procedure and forms of pleading. Gunnet v. Trout, 380 Pa. 504, 112 A.2d 333 (1955). This is certainly a case where the exercise of this Court's equity powers is appropriate and necessary. Plaintiff is requesting the entry of a court order setting aside its June 29, 2006 Sheriffs sale prior to the second mortgagee's Sheriffs sale, to avoid confusion to potential bidders at the Sheriff s sale regarding the state of title to the Property. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order setting aside the September 8, 2010 Sheriff's sale. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: l\ w w By: ",_ P I Josep P. halk, Esquire Attornv for Plaintiff 191217 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 Motion to Set Aside Sheriff s Sale 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 unworn falsifications to authorities. PHELAN HALLINAN & SCHMIEG, LLP Date: 1 By: 191217 . . . PHELAN HALLINAN & SCHMIEG, LLP By: Joseph P. Schalk, Esquire Identification No. 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 PHH Mortgage Corporation, 4001 Leadenhall Road Mount Laurel, NJ 08054 Plaintiff VS. Glenn R. Sullivan 426 Allendale Way Camp Hill, PA 17011-8408 Defendant Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 08-6780 CERTIFICATION OF SERVICE I hereby certify a true and correct copy of Plaintiffs Motion to Set Aside Sheriff's Sale, Brief in Support thereof, proposed Order and Verification was served by regular mail on the following parties on the date indicated below: Glenn R. Sullivan 426 Allendale Way Camp Hill, PA 17011-8408 Date: w By: Sheriff of Cumberland County 1 Courthouse Square, Room 303 Carlisle, PA 17013 halk, Esquire Plaintiff 191217 DEC 212010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH Mortgage Corporation, Court of Common Pleas 4001 Leadenhall Road - Mount Laurel, NJ 08054 Civil Division = M Plaintiff Cumberland County -" N) vs. ? c ::c -#1 CD Glenn R. Sullivan c_. >!Z7 ?- 426 Allendale Way No. 08-6780 Camp Hill, PA 17011-8408 Defendant ORDER AND NOW, this Z! ' day of 2?u--I-" , 2010, upon consideration of Plaintiff's Motion to Set Aside Sheriff's Sale and Defendant's Response thereto, if any, it is hereby: ORDERED and DECREED that Plaintiff's Motion is granted; and ORDERED and DECREED that the September 8, 2010 Sheriff's sale of the property at 426 Allendale Way, Camp Hill, PA, is hereby set aside and the Sheriff is hereby directed to stay the Writ of Execution and return it to the Office of the Prothonotary. Co P 6FS7 /Y? I L( A- J . SG )dVA4rv ,t:=? 191217 BY THE COURT: OF TIC" ?'r" 01,4ONOTARY ?c7; ! X' 20 P °1 1: 13 CUMBERLAND COUNTY PENNSYLVANIA PHELAN, HALLINAN AND SCHMIEG, LLP BY: Joseph P. Schalk, Esquire Identification No.: 91656 ATTORNEY FOR PLAINTIFF 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 PHH Mortgage Corporation Plaintiff V. Glenn R. Sullivan Defendant Court of Common Pleas Civil Division Cumberland County No. 08-6780 PLAINTIFF'S MOTION TO STRIKE SHERIFF'S DEED AND NOW COMES Plaintiff, PHH Mortgage Corporation. (hereinafter "Plaintiff'), by and through its attorneys, Phelan Hallinan & Schmieg, LLP and hereby files this its Motion to Strike Sheriff s Deed and in support thereof avers as follows: 1. On or about November 17, 2008, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendant for their failure to tender timely monthly mortgage payments due June 1, 2008 and each month thereafter. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit "A." 2. On January 14, 2009, default judgment was entered in Plaintiff s favor and against Defendant. A true and correct copy of the default judgment is attached hereto, made part hereof and marked as Exhibit "B." As a result of the Judgment entered in favor of Plaintiff, a Sheriff Sale was held on the property located at 426 Allendale Way, Camp Hill, Pennsylvania 17011 on September 8, 2010, at which time the property was sold to Plaintiff. 4. The Sheriff's Deed was recorded at the Cumberland County Recorder of Deeds Office on October 14, 2010, conveying the property to Plaintiff. A true and correct copy of the Recorded Sheriff's Deed is attached hereto, made part hereof and marked as Exhibit "C". On October 27, 2010, the Defendant was approved for a loan modification with Plaintiff. Plaintiff has directed Plaintiff's counsel to rescind the sale and strike the Sheriff's Deed in accordance with the agreement between Plaintiff and Defendant. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an order striking the Sheriff's Deed. Date: Respectfully submitted, PHELAN, HALLINAN & SCHMIEG, LLP By: (-? ??' ? - A?L P. Soalk, Esquire v for Plaintiff PHELAN, HALLINAN AND SCHMIEG, LLP BY: Joseph P. Schalk, Esquire Identification No.: 91656 ATTORNEY FOR PLAINTIFF 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 PHH Mortgage Corporation Plaintiff V. Glenn R. Sullivan Defendant Court of Common Pleas Civil Division Cumberland County No. 08-6780 PLAINTIFF'S BRIEF IN SUPPORT OF ITS MOTION TO STRIKE SHERIFF'S DEED Plaintiff incorporates herein by reference the averments of paragraphs one (1) through five (5) of its attached Motion to Strike as if set forth herein at length. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order striking the Recorded Sheriff's Deed. Respectfully submitted, PHELAN, HALLINAN & SCHMIEG, LLP Date: _ By: \: ? ( < sep P. alk, Esqui Attolev 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) 563-70M 191217 PHH MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Plaintiff V. GLENN R. SULLIVAN 426 ALLENDALE WAY CAMP HILL, PA 17011-8408 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY We. hereby certify the whin to he `a true and correct cWy of the original flied of record CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 191217 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 #: 191217 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: GLENN R. SULLIVAN 426 ALLENDALE WAY CAMP HILL, PA 17011-8408 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/062007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR ERA HOME LOANS. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200746968. 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.RC.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2008 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 11: 191217 6. The following amounts are due on the mortgage: Principal Balance : . Interest 05101/2008 through 11/12/2008 (Per Diem $42.87) Attorney's Fees Cumulative Late Charges 12/06/2007 to 11/.12/2008 Mortgage Insurance Premium / Private Mortgage Insurance Cost of Suit and Title Search Subtotal Escrow Credit Deficit Subtotal TOTAL $246,074.74 $8,402.52 $1,250.00 $538.80 $292.28 550.00 $257,108.34 $0.00 $1,897.11 $1,897.11 $259,005.45 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. Plaintiff is not seeking a judgment of personal liability (or an in personwn 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 #: 191217 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 h&%%ve been denied assistance by the Pennsylvania Housing Finance Agency. 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 $259,005.45, together with interest from 11/12/2008 at the rate of $42.87 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' `0l y L CE T. PHELAN, 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 #: 191217 LEGAL DESCRIMON ALL THAT CERTAIN lot or piece of ground with the buildings and improvements thereon erected, situate in the Township of Lower Allen, County of Cumberland, Commonwealth of Pennsylvania, described in accordance with a Plan of Lots entitled Section No. 1, Allendale Development Corporation, made by Damon and Foster, Civil Engineers, Sharon Hill, Pennsylvania, dated April 18, 1960 and recorded in Plan Book 11, Page 35, as follows, to wit: BEGINNING at a point on the wester side of Allendale Way, said point being two hundred seven and fifty-seven one-hundredths feet measured South, along Allendale Way from the southerly terminus of a twenty-five feet radius curve which connects the said side of Allendale Way and the southerly side of Candlewyck Road; thence extending along Allendale Way, south twenty-two degrees thirty minutes sixteen seconds east, one hundred ten feet to a point; thence south sixty-seven degrees twenty-nine minutes forty-four seconds west, one hundred forty-nine and twenty-four one-hundredths feet; thence north nineteen degrees thirty minutes sixteen seconds west, one hundred ten and fifteen one-hundredths feet to a comer of Lot No. 11 on said Plan; thence along Lot No. 11, North sixty-seven degrees twenty- nine minutes forty-four seconds east, one hundred forty-three and forty-eight one-hundredths feet to the point and place of BEGINNING. BEING Lot No. 10 on the aforesaid Plan. HAVING THEREON ERECTED a split-level brick and frame dwelling known and numbered as 426 Allendale Way, Camp Hill, Pennsylvania. BEING the same premises which Shari L. Weller and Scott Cogley, by Deed of even date, produced herewith and intending to be recorded, granted and conveyed unto Glenn R Sullivan, a married man, Mortgagor herein. PARCEL NO: 13-24-0807-147 PROPERTY ADDRESS: 426 ALLENDALE WAY File #: 191217 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 the 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. c orney for Plaintiff 4?01/ ? / DATE:_LI?3/0 8 EXHIBIT B Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 TFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION VS. GLENN R. SULLIVAN 426 ALLENDALE WAY CAMP HILL, PA 17011-8408 ?o Attorney for Plaintiff , r_ . rn CUMBERLAND COU 6 r rift :41 { COURT OF COMMON A,S c? m CIVIL DIVISION No. 08-6780 CIVIL TERM t?:^,o sl-e SOP" 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 GLENN R. SULLIVAN, 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 $259,005.45 Interest -11/13/2008 to 01/13/2009 $2,657.94 TOTAL $261,663.39 I hereby certify that (1) the addresses of the Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. IWO` Daniel G. Schmieg, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: / ",( 0 PHS # 191217 PRO PROTHY EXHIBIT C ;" J Know all Men by these Presents Tax Parcel No..13-240807-147 That I, Ronny R. Anderson, Sheriff of the County of Cumberland, In the State of Pennsylvania, for and in consideration of the sum of $ 1.00 (One Dollar), to me in hand paid, do hereby grant and convey to Fannie Mae Wit No. 2008-6780 Civil Term PHH Mortgage Corporation Glenn R. Sullivan ALL THAT CERTAIN lot or piece of ground with the buildings and improvements thereon erected, situate in the Township of Lower Alien, County of Cumberland, Commonwealth of Pennsylvania, described in accordance with a Plan of Lots entitled Section No. 1, Allendale Development Corporation, made by Damon arul Foster, Civil Engineers, Sharon Hill, Pennsylvania, dated April 18, 1960, and recorded in Plan Book 11, Page 35, as follows, to wit: BEGINNING at a point on the western side of Allendale Way, said point being 207.57 feet measured South, along Allendale Way from the southerly terminus of a 25 feet radius curve which connects the said side of Allendale Way and the southerly side of Candtewyck Road; thence e)dending along Allendale Way, South 22 degrees 30 minutes 16 seconds East, 110.00 feet to a point; thence South 67 degrees 29 minutes 44 seconds West, 149.24 feet; thence North 19 degrees 30 minutes 16 seconds West, 110.15 feet to a comer of Lot No. 11 on sold Plan; thence along Lot No. 11, North 67 degrees 29 minutes 44 seconds East, 143.48 feet to the point and piece of BEGINNING. BEING Lot No. 10 on the aforesaid Plan, HAVING THEREON ERECTED a split-level brick and frame dwelling known and numbered as 426 Allendale Way, Camp Hill, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN, ft R. ?3' i married man, by Deed from Shari L. Weiler and Scott Cogiey, her husband, dated i"ecorded 12/20/2007 in Instrument Number 200746967. PREMISES BEING: 426 ALLENDALE WAY, CAMP HILL, PA 17011-8408 PARCEL NO. 13-24-0807-147 The same having been sold by me to the said grantee on the 8th day of September Anno Domini Two Thousand and Ten (2010) after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 2nd of June Anno Domini 2010 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Eight (2008) Number 6780 at the suit of PHH Mortgage Corporation -vs- Glenn R. Sullivan In Witness Whereof, I have hereunto affixed my signature this 20th day of September Anno Domini Two Thousand and Tent (2010) Commonwealth of Pennsylvania, ss. County of Cumberland Before the undersigned, David D. Buell, Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, personally appeared Ronny R. Anderson, Sheriff of Cumberland county aforesaid, and in due form of law declared that the facts Set forth in the foregoing Deed are true, and that he acknowledged the same in order that Said deed might be recorded. Witness my hand and seal of said Court, this 2 0 tb day of September Anno Domini Two Thousand and Ten (2010) ? i •? ..JI ??'?, , z t .fie ors w'?'.` '?, C • ` ????. • ?,:?'? ? ?; . .:tea „ ?l?lt{1;•t1il;' _ k - I ' gap *olhonot ? 1AVM . V I hereby certify that the residence And Post Office address of the Within Grantee is P.O. Bole 650043 Dallas, TX 75265 Richard W. Stuart Solicitor ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201029359 Recorded On 10/144010 At 10:06:34 AM * Instrument Type <- DEED-.SHERIFF'S Invoice Number - 74661 User ED - KW * Grantor - SULLIVAN, GLENN R * Grantee - FANNIE MAE * Customer - SIERIFF STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING FEES - $12.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 WEST SHORE SCHOOL $0.00 DISTRICT LOWER ALLEN TOWNSHIP $0.00 TOTAL PAID $63.00 * Total Pages - 6 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECOR?uaR o D Ds * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. NIIIbi?IIF IIIWI VERIFICATION Joseph P. Schalk, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to make this verification, and that the statements made in the foregoing Motion to Strike Sheriff s Deed are true and correct to the best of his knowledge, information, and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date Joseph P. Schalk, Esquire Attorney for Plaintiff PHELAN, HALLINAN AND SCHMIEG, LLP BY: Joseph P. Schalk, Esquire Identification No.: 91656 ATTORNEY FOR PLAINTIFF 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 PHH Mortgage Corporation Plaintiff V. Glenn R. Sullivan Defendant Court of Common Pleas Civil Division Cumberland County No. 08-6780 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Motion to Strike Sheriffs Deed, Brief in Support thereof and proposed Order were served by regular mail on Defendant on the date listed below: Glenn R. Sullivan, Pro Se 426 Allendale Way Camp Hill, PA 17011 Date: By: - t- ? k 1-i ? kk- FIEO-OFFICE f TI!" PROTHONOTARY "I I !AN! 25 PIS 4-* 05 CU ',DERLAND COUNT`' PHELAN, HALLINAN AND SCHMIEG, LLP BY: Joseph P. Schalk, Esquire Identification No.: 91656 ATTORNEY FOR PLAINTIFF 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 PHH Mortgage Corporation Plaintiff V. Glenn R. Sullivan Defendant ORDER Court of Common Pleas Civil Division Cumberland County No. 08-6780 AND NOW this ZS'" day of 2011, upon consideration of Plaintiff's Motion to Strike Sheriff's Deed and Defendant's response thereto, if any, it is hereby; ORDERED and DECREED that the Recorded Sheriffs Deed, recorded on October 14, 2010 with the Cumberland County Office of the Recorder of Deeds for the property located at 426 Allendale Way, Camp Hill, Pennsylvania 17011 is hereby stricken. BY THE ZT: J. h P. Scho?.lk ?osep ? bj ? ,orb Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215 -563 -7000 '• :1 t'rtIS- r(( j, HE PRO 'MONO TAR ; 2T1 1AR25 Ai'ltO:I3 CUMBERLAND COUNTY PENNSYLVANIA Attorney For Plaintiff PHH MORTGAGE CORPORATION Plaintiff v. GLENN R. SULLIVAN Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 08 -6780 CIVIL TERM PRAECIPE TO THE PROTHONOTARY: n Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. n Please mark the above referenced case Settled, Discontinued and Ended. ® Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. ❑ Please mark the in rem judgment Satisfied and the action Discontinued and Ended. ❑ Please Vacate the Judgment entered. Date: -+-411,/ PH # 685116 PHELAN HALLINAN, LLP By: Mari r J. anyon, Esq., d. Nq. 03993 A orney for Plaintiff` °id q, so jxl Lk a# 1-39 F9 u Re- v_Vci Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215 -563 -7000 Attorney For Plaintiff PHH MORTGAGE CORPORATION Plaintiff v. GLENN R. SULLIVAN Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 08 -6780 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiff's Praecipe was served by regular mail to the person(s) on the date listed below: GLENN R. SULLIVAN 426 ALLENDALE WAY CAMP HILL, PA 17011 -8408 Date: ',t ,J 5/t �. PHELAN HALLINAN, LLP By: Mario J. H yon, Esq., Id. N$.203993 Attorney for Plaintiff