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Home My WebLink About08-7449PHELAN HALLINAN & SCHMIEG, LLP L1/ WRENCE T. PHELAN, ESQ., Id. No. 32227 S/FRRANCIS 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 187791 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 V. Plaintiff ROBERT C. TOWNSLEY DAWN M. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 08- 7g4V ? 01 U ; C-F" CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 187791 4- 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 maybe 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 #: 187791 1. Plaintiff is PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: ROBERT C. TOWNSLEY DAWN M. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/19/2000 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ALLFIRST BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1660, Page 408. By Assignment of Mortgage recorded 02/22/2001 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 667, Page 369. Plaintiff said mortgage was modified as set forth in the modification agreement dated 11/1/04, in Mortgage Book No. 716, Page 3206 and Instrument No.2008 12556.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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/01/2008 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 #: 187791 6. The following amounts are due on the mortgage: Principal Balance $117,284.20 Interest $6,590.25 04/01/2008 through 12/17/2008 (Per Diem $25.25) Attorney's Fees $1,250.00 Cumulative Late Charges $216.68 12/19/2000 to 12/17/2008 Cost of Suit and Title Search 750.00 Subtotal $126,091.13 Escrow Credit ($565.96) Deficit $0.00 Subtotal 565.96 TOTAL $125,525.17 7 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 187791 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $125,525.17, together with interest from 12/17/2008 at the rate of $25.25 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. LAWRENCE T. PHELAN, ESQUIRE `ff,ANCIS 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 #: 187791 LEGAL DESCRIPTION ALL the following described real estate lying and being situate in Southampton Township, Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING in Legislative Route LR 21047 being also known as Middle Spring Road, at a point 120.05 feet northwest of the northwesterly corner of lands now or formerly of Elmer M. Ott, said point also being the northeasterly corner of Lot 5 of the hereinafter referred to subdivision; thence along the southerly line of Lot 5, South 57 degrees 33 minutes 00 seconds West 202.54 feet to a point along lands of David Blank; thence along lands now or formerly of David Blank, North 32 degrees 27 minutes 00 seconds West, 240 feet to a point being the Northwest corner of Lot 4; thence North 57 degrees 33 minutes 00 seconds East, 206.61 feet along lands now or formerly of David Blank to a point in Legislative Route LR 21047; thence in Legislative Route 21047, South 31 degrees 28 minutes 35 seconds East 240.04 feet to the place of BEGINNING. CONTAINING 1.127 acres and being Lots #4 & 5 of a subdivision plane entitled, 'Middle Spring Subdivision', prepared by Martin and Martin Incorporated, and dated July, 1979, revised December 20, 1979, and February 12, 1980, as recorded in the Cumberland County Deed Book Volume 37 page 108. Excepting and reserving 'Parcel A' as shown on subdivision plan recorded in Plan Book 64 Page 118. BEING the same premises conveyed by Benuel F. Blank and Anna May Blank, husband and wife, by deed dated October 23, 1996, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book'147', Page 1039, unto Marvin B. Sensenig and Lydia M. Sensenig, husband and wife, the Grantors herein. PREMISES: 28 MIDDLE SPRING ROAD PARCEL#: 39-30-2574-020 File #: 187791 VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec 4904 relating to unworn falsifications to authorities. Attorney for Plaintiff DATE: 12l ?/V r It I n ;4 C? I_ ^i N t? 7 N N PA ?r .T7 0 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-07449 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION ET AL VS TOWNSLEY ROBERT C ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: TOWNSLEY ROBERT C but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On January 12th , 2009 , this office was in receipt of the attached return from LANrAgTPP Sheriff's Costs: So answers: Docketing 6.00 e ' - Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Lancaster Cc 90.56 Sheriff of Cumberland County Postage .93 116.49 01/12/2009 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of A. D. Lij iJJ LU C31 O SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-07449 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION ET AL VS TOWNSLEY ROBERT C ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: TOWNSLEY DAWN M but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On January 12th , 2009 , this office was in receipt of the attached return from LANCASTER Sheriff's Costs: So answer Docketing 6.00 Out of County .00 Surcharge 10.00 R. Thomas K1' .00 Sheriff of Cumberland County .00 16.00 01/12/2009 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of A.D. riz LU qty , U- cr. SHERIFF'S RETURN - REGULAR CASE NO: 2008-07449 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION ET AL VS TOWNSLEY ROBERT C ET AL TIMOTHY BLACK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon TOWNSLEY ROBERT C the DEFENDANT at 1030:00 HOURS, on the 29th day of December , 2008 at 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257 by handing to DAWN M TOWNSLEY, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 18.00 Affidavit 00 Surcharge 10.00 .00 46.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 01/12/2009 PHELAN HALLINAN SCHMIEG By: eputy Sheriff of A.D. U r-) ==; LJLLI i L N U SHERIFF'S RETURN - REGULAR CASE NO: 2008-07449 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION ET AL VS TOWNSLEY ROBERT C ET AL TIMOTHY BLACK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon TOWNSLEY DAWN M DEFENDANT the at 1030:00 HOURS, on the 29th day of December , 2008 at 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257 by handing to DAWN M TOWNSLEY a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 .c Surcharge 10.00 R. Thomas Kline .00 16.00 01/12/2009 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: before me this day uty Sheriff ep of A.D. ILL, , J L f ? U -A-Z- 132532 1 OF 2 SHERIFF9 S OFFICE 50 NORTH DUKE STREET, P.O. BOX 83480, LAN CASTER, PENNSYLVANIA 17608-3480 • (717) 299-8200 SHEIFF SE V1 E PROCESS RECEIPT, PTRand A FIDAVIT OF TYPE PRt1T L.? PLEASE OR .. ???? ?.w tsLY. _ DO 1. PLAINTfFFRETURN' PHH Mortgage Corporation etc 3. DEFENDANT/S/ 08-7449 civil Robert C. TOwrisley et al 4. TYPE OF WRIT OR COMPLAINT SERVE 5. NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC., TO BE SERVED Notice & CCMplalnt in Robert C. ToWnsley or gage ores osure 6. ADDRESS (Street or RFD, Apartment No., City, Boro, Twp., State and ZIP Code) AT 1132 Penny Court HoltWCod, PA 17532 7. INDICATE UNUSUAL SERVICE: 0 DEPUTIZE 0 OTHER Now, 2111 24 -2008 , I, SHERIFF O COUNTY, PA., do hereby deputize the Sherriff of Coun to law. This deputation being made at the request and risk of the plaintiff. this Writ a thereof acc 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: SHERI Please mail return of service to Cumberland County Sheriff. Thank you. NOTE ONLY APPLICAIIILF ntu wow nr - _ _ _ wlmin writ may leave same without a watchman, in custody of whoIVER Ois fWATCin possession MAN - Any , after deputy sheriff notifying levying person of upon levy or or attaching an mever attachment without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sherrif's sale hereof. under , 9. SIGNATURE of ATTORNEY or other ORIGINATOR PHELAN HALLINAN & St^HMIEG, ONE PENN C 10. TELEPHONE NUMBER 11. DATE 12. SEND?OR SNC? PLAZA T SUBURBAN STATION, SUITE 1400 12-23-08 TO NAME AND ADDRESS BELOW: This area must bed ? is to be mailed) •a•-.tvc ar?.vw ?oR USE t?F StfE#iiFF UMLY -- p? NpT 13. 1 acknowledge receipt of the writ 1 NAME of Authorized LCSO Deputy or Clerk mow or complaint as indicated above. f PAT E.ICHELBERGER %17-299_8207 14• Date Received 15. Expiration/Hearing Date 16. I hereby CERTIFY and RETURN that 111 have personally served, 0 have legal evidence of service as shown Rem12-908 arks 0-have executed ass own 9 "Remarks", the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, cor- poration, etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17. ereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 18. Name and title of individual served (if not shown above) (Relationship to Defendant) 19. 0 No Service 20. Address of where served (complete only if different than shown above) (Street or RFD, Apartment No., City, Boro, Twp. See 21 Remarks Date oBSelow No. 30) State and Zip Code) AM PM EDST 23. ATTEMPTS to Mlles Dep. Int. Date Mlles Dep. Int. Date Mlles Dep. Int. Date Mlles Dep. Int. Date Miles EST ?(r ?vi Dep. Int. 24. Advance Costs 25. Service .Costs O 26, Notary Cert. 27. Mil Aaoe/po ge/N. O 5? ?' ..77 Z/ fJ?7 ?^ 28. T I ost 29. COST OR REFU 30. REMARKS: r L r S.T.A.: bbr Lo ho '&T 4 ,.(_ I 26 rYk r S ?4 0 ?V KSt,v ?? " , ?? Ct C(51z KI 1. AFFIRMED and subscribed to before me this A S 4. da .. signat re o. Y of - -- 2. COURT NUMBER 3 to r P O au I a 132532 SHERIFFIS 50 NORTH DUK OFFICE 3 E STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608--WO 0 (717) 299-8200 n SHERIFF SERVICE PLEASE TYPE OR 111404T PROCESS RECEIPT, and AFFIDAVIT OF RETURN e ?? f L??` 1. PLAINTIFFici 3. DEFENDANT/S/ PHH Mortgage Corporation L rdn etc 2. COURT NUMBER t 08-7449 civil L Robert C. Townsley et al acnvn i WRIT OR COMPLAINT & Cofrlplaint in ?. yr irvulvlUUAL, COMPANY, CORPORATION, ETC., TO BE SERVED Dawn M. Townsley 6. ADDRESS (Street or RFD, Apartment No., City , Boro, Twp., State and ZIP Code) AT 1132 Penny Court Hopwood, PA 17532 7. INDICATE UNUSUAL SERVICE: r1 nFpl rrj-, n v Now, Decem}>er 24 2008 d I, SHERIFF OF COUNTY, PA., do to law. This deputation being made at the request and risk of thto execute 'a e plaintiff. this Writ 8. SPECIAL INSTRUCTIONS OR OTHER sH INFORMATION TNAT WILL ASSIST IN EXPEDITIN SERVICE: tize the Sherriff of thereof aCGOrBwr Cumberland Please mail return of service to Cumberland County Sheriff. Thank you. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any Property within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such e under 9. SIGNATURE of ATTORNEY or other ORIGINATOR Y property before sherrif's sale thereof. --- .vmo?n 11. E 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice Is to be mall d) --- • • ?.vc yr QnCt?ffFF UN Y - RITE BELdw THIS LINE 13. 1 acknowledge receipt of the writ 2 NAME of Authorized LCSO DePuty or Clerk s: NOT or complaint as indicated above. f 14. Date Received PAT- EI H BERGER 717-299-8207 as 15• Expiration/Hearing Date 16. I hereby CERTIFY and RETURN that I ? have personally served,[] have legal evidence of service shown in " e 1-22-09 12 marrkk p have executed as shown in "Remarks", the writ or complaint described on the individual, company, corporation, etc.,, at the address shown above or on the individual, company, cor- porat, n, etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17. hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 18. Name and title of individual served (if not shown above) (Relationship to Defendant) 19. ? No Service 20. Address of where served (complete only if different than shown above) (Street or RFD, Apartment No., City, Boro, Twp. See 21e Date of Service State and Zip Code) AM PM 23. ATTEMPTS q e Mil s Dep. Int. Da EST r J? EDST Is Miles Dep. Int. Date MI es 24. Advance Costs ci? Dep.lnt. Date Miles Dep.lnt. Date Mlles Dep.lnt. 25. Service Costs 26. Notary Cert. 27. M' age/Postag G Y3 It 28. Total Costs 29. COST DUE OR REFUNI 30. REMARKS: S. T.A.: l . r_ XJ \ h LJLJ i' ?o Y rS o . ?? ti??, ? ?bc.?-ta-?.? 31. AFFIRMED and subscribed to before me this S N ER. 14. day of 32. Signatur of 20 Dep. Sheriff '- -. pal 33. 7fle ?[1? 2OF2 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, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff VS. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-7449-CIVIL TERM CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. for B Francis S. Date: 1/20/09 & Schmieg, LLP Esquire PHS #: 187791 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, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff VS. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-7449-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: ROBERT C. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 DAWN M. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 P Hallinan & Schmieg, LLP tto ey for P aintiff B Francis . allinan, Esquire Date: 1/20/09 VERIFICATION ?hereby states that he/she is ?/1A-PW/L7y% 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. I // Sec. 4904 relating to unsworn falsification to authoritie ^? Name. ? / DATE: Title: (?/?//?e7vT Company: PHH MORTGAGE CORPORATION Loan:0013786603 File #: 187791 f77-- C-D C 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, F/K/A CENDANT MORTGAGE CORPORATION VS. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 08-7449-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 ROBERT C. TOWNSLEY, and DAWN M. TOWNSLEY, 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 $125,525.17 Interest - 12/18/2008 to 02/10/2009 $1,388.75 TOTAL $126,913.92 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, co att ched. i r Daniel G. Schmleg, Esqui? Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: a lllk4 17- PHS # 187791 PRO PROTHY 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, F/K/A CENDANT MORTGAGE CORPORATION VS. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 08-7449-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 ROBERT C. TOWNSLEY is over 18 years of age and resides at 28 MIDDLE SPRING ROAD, SHIPPENSBURG, PA 17257-8609. (c) that defendant DAWN M. TOWNSLEY is over 18 years of age and resides at 28 MIDDLE SPRING ROAD, SHIPPENSBURG, PA 17257-8609. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. D iel G. Sc eg, Esqu' e Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff V. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY Defendant(s) TO: ROBERT C. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 DATE OF NOTICE: January 30, 2009 COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-7449-CIVIL TERM CUMBERLAND COUNTY FILE COpy 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 CAROLINE V. C INO Legal Assistant PHS # 187791 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, F/K/A CENDANT MORTGAGE CORPORATION ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff NO. 08-7449-CIVIL TErRM CUMBERLAND COUNT + ROBERT C. TOWNSLEY op DAWN M. TOWNSLEY Defendant(s) TO: DAWN M. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 DATE OF NOTICE: January 30, 2009 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 CAROLINE V. CINQU O Legal Assistant PHS # 187791 Too -10 _ (^? c Is' v J 0 ..Y-3 T- n cz .7 (Rule of Civil Procedure No. 236) - Revised PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION VS. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 08-7449-CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on k By: DLX--+w If you have any questions concerning this Daniel G. Schniieg, Esq r Attorney or Party Filin 1617 JFK Boulevard, S ite 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 PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff, V. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 02/11/2009 - 06 f 1 D12009 (per diem -$21.15 ) TOTAL No. 08-7449-CIVIL TERM $126,913.92 $2,538.00 and Costs $129,451.92 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. 1400 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. 187791 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-7449 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION, f/k/a CENDANT MORTGAGE CORPORATION, Plaintiff (s) From ROBERT C. TOWNSLEY and DAWN M. TOWNSLEY (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 $126,913.92 L.L. $.50 Interest from 2/11/09 - 6/10/09 (per diem - $21.15_ -- $2,538.00 and Costs Atty's Comm % Atty Paid $313.49 Plaintiff Paid Date: 2/25/09 (Seal) REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG Due Prothy $2.00 Other Costs urtis R. Lo , Prothono By: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone : 215-563-7000 Supreme Court ID No. 62205 Deputy 11 K ? An T tft" wii1q?i-mi, ?1 he,-e Unto *N' my hare, p?? o2Gbq ?., AFFIDAVIT OF SERVICE PLAINTIFF PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION DEFENDANT(S) ROBERT C. TOWNSLEY DAWN M. TOWNSLEY SERVE DAWN M. TOWNSLEY AT: 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 SERVED CUMBERLAND COUNTY No. 08-7449-CIVIL TERM ACCT. #187791 Type of Action - Notice of Sheriffs Sale Sale Date: JUNE 10, 2009 Served and made known to bAVj N /IA •Tpw 1US L?I`j Defendant, on the _1 2Eh? - - - day of A/ A$X14 2009, at I =03 , o'clock f.m., at *;,Z M I bDu 5PP- ("-& Q&ArD, S h W `;m 5BVA& Commonwealth of Pennsylvania, in the manner described below: V1 Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 40 S Height ? Weight 2.00 Race W Sex Other A5 LL , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs 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 subsc abed before me this day Notary.L,-/ 01 By: PLEASE AT LEAST 3 TIMES. INDICATE DATES &. TIMES OF SERVICE c)'D j`??J, ??s p1?5iZp1? ATTEMPTED. FNOT SERVED On the ., LSO'"'day of 200, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 19` Attempt: Time: 2°d Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, 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 OF THE PRw M .;nh, ??A1?Y 2099 AIPR -7 t !0.43 cl i, :T1` AFFIDAVIT OF SERVICE PLAINTIFF PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION DEFENDANT(S) ROBERT C. TOWNSLEY DAWN M. TOWNSLEY SERVE ROBERT C. TOWNSLEY AT: 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 SERVED CUMBERLAND COUNTY No. 08-7449-CIVIL TERM ACCT. #187791 Type of Action - Notice of Sheriffs Sale Sale Date: JUNE 10, 2009 Served and made known to nRF-QT l:• It)wN-sL j _, Defendant, on the _,Li4_u__,_ day of A_-t4 200?, at o3 ,o'clock -p.m., at ?$ M 1 DXX ? PP4N& ftD, -Ab pp"S 6oP-6- Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is tow N 1 W 1 f E . Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age () Height 5 Weight 20o Race W Sex F Other A/6 L-L 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 Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Swom to and subscribed before me this day of AA &k(j 2001V Notary;_.... - ?' By: r PLE'* ® NICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. r='f P1 NO1 JERSEY S-fp,TE 01- l<.- @?? NOTSERVED On tlt!? COWAIS dlOay of ?'1q?.31012512012 ' 200_, at _ o'clock .m., Defendant NOT FOUND because: Moved Unknown No Answer 1st Attempt: Time: 3rd Attempt: / ! Time: Sworn to and subscribed before me this day of , 200 . Notary: Vacant 2°d Attempt: / / Time• Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 I 1 t OF THE PR? i ? ONOTAPY M9 APR' -7 AN 10- 0? 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, F/K/A Court of Common Pleas CENDANT MORTGAGE CORPORATION Plaintiff Civil Division V. CUMBERLAND County ROBERT C. TOWNSLEY No. 08-7449-CIVIL TERM DAWN M. TOWNSLEY : Defendants 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 December 23, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A" 2. Judgment was entered on February 11, 2009 in the amount of $126,913.92. 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 Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $117,284.20 Interest Through June 10, 2009 $10,863.90 Per Diem $24.90 Late Charges $216.68 Legal fees $1,300.00 Cost of Suit and Title $1,421.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $0.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $205.10 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $1,370.90 TOTAL $132,662.28 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as 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 Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: _ z o 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, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff Court of Common Pleas Civil Division V. CUMBERLAND County ROBERT C. TOWNSLEY No. 08-7449-CIVIL TERM DAWN M. TOWNSLEY Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE ROBERT C. TOWNSLEY and DAWN M. TOWNSLEY 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 28 MIDDLE SPRING ROAD, SHIPPENSBURG, PA 17257-8609. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp v Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co ofN.Y. v Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings an d 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. DATE: Y/2- /1 - 7 Phelan Hallinan & Schmieg, LLP By: `r Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 LAUREN R. TABAS, ESQ.,. Id. No. 93337 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 187791 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 V. Plaintiff ROBERT C. TOWNSLEY DAWN M. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 Defendants rll? C CM. C) - n C7 = : tD W K ATTORNEY FOR PLAIN FIEF}< COURT OF COMMON ..'•...E ,?: ` CIVIL DIVISION TERM NO. Q8 - " qtj 1. i V i L f CUMBERLAND COUNTY We hereby certify the within to br,, .? true and correct copy of the original filed of record CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 187791 NAYCupp rx IUPN d?ar? ' NOTICE You have been sued in Court. If you wish to defend against the claims set form following pages, you must take action within twenty (20) days after this Complaint and are served by entering a written appearance personally or by attorney and filing in wri'; the Court your defenses or objections to the claims set forth against you. You are warn. v' Oha you fail to do so, the case may proceed without you, and a judgment maybe entered by the Court without further notice for any money claimed in the Complaint or for ~1= >° >L claim or relief requested by the plaintiff. You may lose money or property or other important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. If NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FOR :i:i = . THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRINC% >>. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE M: <. TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY f ?= ? < LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FE>.. Lawyer Referral Service: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 File #: 187791 1. Plaintiff is PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: ROBERT C. TOWNSLEY DAWN M. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter dc::, 1'-'W'-' 3. On 12/19/2000 mortgagor(s) made, executed and delivered a mortgage upon, . hereinafter described to ALLFIRST BANK which mortgage is recorded in i 1 the Recorder of CUMBERLAND County, in Mortgage Book No. 1660, Page Assignment of Mortgage recorded 02/22/2001 the mortgage was assigned which Assignment is recorded in Assignment of Mortgage Book No. 667, k aq-._ Plaintiff said mortgage was modified asset forth in the modification agreement dated Mortgage Book No. 716, Page 3206 and Instrlunent No.2008 12556.The mortgage and assignment(s), if any, are matters of public record and are incorporated hereinlb,v reference in accordance with Pa.R.C.P. 1019(8); which Rule relieves the 1'i,t a; obligations to attach documents to pleadings if those documents are of pibl;c• 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and inwres; ; c mortgage due 05/01/2008 and each month thereafter are due and unpaid, anc?; of said mortgage, upon failure of mortgagor to make such payments after a dar : I by written notice sent to Mortgagor, the entire principal balance and all inter,...<_.?: thereon are collectible forthwith. File #: 197791 6. The following amounts are due on the mortgage: Principal Balance $117,284.20 Interest $6,590.25 04/01/2008 through 12/17/2008 (Per Diem $25.25) Attorney's Fees $1,250.00 Cumulative Late Charges $216.68 12/19/2000 to 12/17/2008 Cost of Suit and Title Search 750.00 Subtotal $126,091.13 Escrow Credit ($565.96) Deficit $0.00 Subtotal 565.96 TOTAL $125,525.17 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set fort;! '01'.T may be less than the amount demanded based on work actually performed. 1" attorney's fees requested are in conformity with the mortgage and Pennsylvania Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining ;;c p:..: balance in the event the property is sold to a third party purchaser at Sheriff's:: :.. ; .. the complexity of the action requires additional fees in excess of the amour,i the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an in ersonam against the Defendant(s) in the Action; however, Plaintiff reserves its right ?c: separate Action to establish that right, if such right exists. If Defendant(s) has/ 1.av received a discharge of personal liability in a bankruptcy proceeding, this A; Mortgage Foreclosure is in no way an attempt to reestablish such personal lisp discharged in bankruptcy, but only to foreclose the mortgage and sell the mortoi? ; :d premises pursuant to Pennsylvania Law. File #: 187791 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 199 Notice of Default as required by the mortgage document, as applicable, have beat srrt "-e the Defendant(s) on the date(s) set forth thereon, and the temporary stay as prn ti ;ci <. said notice has terminated because Defendant(s) has/have failed to meet with hlkf? or an authorized consumer credit counseling agency, or has/have been denied by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 91 of 1983 because the mortgage is FIT? WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendants; i of $125,525.17, together with interest from 12/17/2008 at the rate of $25.25 per die111 of Judgment, and other costs and charges collectible under the mortgage and for the r i , c and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: 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 #: 187791 LEGAL DESCRIPTION ALL the following described real estate lying and being situate in Southampton Townsiliu.. Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING in Legislative Route LR 21047 being also known as Middle Spring Road, a4 point 120.05 feet northwest of the northwesterly comer of lands now or formerly of F-;,, I Ott, said point also being the northeasterly corner of Lot 5 of the hereinafter referred to subdivision; thence along the southerly line of Lot 5, South 57 degrees 33 minutes L; West 202.54 feet to a point along lands of David Blank; thence along lands now or for; David Blank, North 32 degrees 27 minutes 00 seconds West, 240 feet to a point being :;fie Northwest comer of Lot 4; thence North 57 degrees 33 minutes 00 seconds East, 206,6 4 . along lands now or formerly of David Blank to a point in Legislative Route LR 21O ;,. Legislative Route 21047, South 31 degrees 28 minutes 35 seconds East 240.04 feel of BEGINNING. CONTAINING 1.127 acres and being Lots #4 & 5 of a subdivision plane entitled Spring Subdivision', prepared by Martin and Martin Incorporated, and dated July, I.v December 20, 1979, and February 12, 1980, as recorded in the Cumberland County Deed Sock Volume 37 page 108. Excepting and reserving 'Parcel A' as shown on subdivision plan recorded in Plan c><:::: 118. BEING the same premises conveyed by Benuel F. Blank and Anna May Blank, husbr .l s' wife, by deed dated October 23, 1995, and recorded in the Office of the Recorder or' !_;= Cumberland County, Pennsylvania, in Deed Book'147', Page 1039, unto Marvin E. and Lydia M. Sensenig, husband and wife, the Grantors herein. PREMISES: 28 MIDDLE SPRING ROAD PARCEL#: 39-30-2574-020 File #: 187791 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 widiirl -the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.RC.P. 1024 (c), and that the statements made in the fore.:::r Civil Action in Mortgage Foreclosure are based upon information supplied by Plainti and.are-true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receip The undersigned understands that this statement is made subject to the 1-1 :-% of 18 Pa.C.S. Sec 4904 relating to unsworn falsifications to authorities. Attorney for Plaintiff DATE: I l q fI 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 n 1TTORNEY FILE C PMorney for Plaintiff PLEASE RETURN rT01 _ PHH MORTGAGE CORPORATION, CUMBERLAND COUNTY ` . F/K/A CENDANT MORTGAGE y cY CORPORATION COURT OF COMMON PLEAS VS. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 CIVIL DIVISION No. 08-7449-CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES N A ,o -rt rn ca N ON TO THE PROTHONOTARY: ITTORNEY FILE COPY PLEASE RETURN Kindly enter judgment in favor of the Plaintiff and against ROBERT C. TOWNSLEY, and DAWN M. TOWNSLEY. Defendant(s) for failure to file an Answer to Plaintiffs 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 $125,525.17 Interest -12/18/2008 to 02/10/2009 1388.75 TOTAL $126,913.92 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, co a ched. 'ATTORNEY FILE. CO PLEASE RETURN Daniel G. Schmieg, Esqui Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PHS k 187791 PRO PROTHY 0 -n 0 C-) -c Exhibit "C" J t AJ? Cn A w N O ?O Oo J O? c.n ? w N .- r w ? r c CD P. CD (or CD E °? oa 2y o ? tz coTj rop p a P? mo COD 00 a ka v? z z a o 0 y C y ? ? z Z Z ` s. eb 7y tv m ? ?D rr N 00 ?r oo W 0 w m Ef R ro 0.?.3.o.m =o Z z d =o ?, o ? ? =d p 7 y O . y f o ? ?.y no O C (0.q' /v `? _ ? d d a o -. ?. [s1 n' ag,cv o w 3 c ? POS P% . p . S' Q , A 3 _---® -"J m rn m .1 PITNEY .0 a?c N gpSNES 02 M 200 $02 000 g . 2180 42 10 a APR 03 200 MAILED FRO M ZIPCO P Iv ? x DE 1 g 5. V "' ze, I o? o. sn o' ? ?p . w g? 7- 4 ?` Pk- oaz fDD a fD C7 A ? Q y N ?r z C,O a &z c? r C'n ? °o 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: 'el /Z- /. S 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, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff V. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY Defendants Court of Common Pleas Civil Division CUMBERLAND County No. 08-7449-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 DATE: el /-.?- /11 ROBERT C. TOWNSLEY DAWN M. TOWNSLEY 1132 PENNY COURT HOLTWOOD, PA 17532 Phelan Hallinan & Schmieg, LLP By: Michele M. radford, Esquire Attorney for Plaintiff OF THE PP;-'-?>-4r?kfpT*,y 2009 APR 13 AM 9: 4 3 G' ``' T,; APR 200OCy7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PHH MORTGAGE CORPORATION, F/K/A Court of Common Pleas CENDANT MORTGAGE CORPORATION Plaintiff Civil Division V. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY CUMBERLAND County No. 08-7449-CIVIL TERM Defendants BY TH COURT J. RULE AND NOW, this J6 day of r 2009, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Z D c4l., o f -Per- Rule Returnable 4 O ua L" C7'? ? 7 C . Michele M. Bradford, Esquire elan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradfordgfednhe com ROBERT C. TOWNSLEY DAWN M. TOWNSLEY ,,,KMIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 ROBERT C. TOWNSLEY DAWN M. TOWNSLEY ,4-tT2 PENNY COURT HOLTWOOD, PA 17532 187791 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, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff Court of Common Pleas Civil Division V. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY Defendants CUMBERLAND County No. 08-7449-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 individuals on the date indicated below. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 ROBERT C. TOWNSLEY DAWN M. TOWNSLEY 1132 PENNY COURT HOLTWOOD, PA 17532 P lan llinan & Schmieg, LLP DATE: By: Mic le . B ford, Esquire OF THE R 2009 APR 30 A 10: S t P`? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION, F/K/A CENDANT CUMBERLAND COUNTY MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff v ROBERT C. TOWNSLEY DAWN M. TOWNSLEY Defendant(s) COMMONWEALTH OF PENNSYLVANIA COUNTY OF BLAIR CIVIL DIVISION NO. 08-7449-CIVIL TERM SS: AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO d,4 Pa. R.C.P. 405 OF NOTICE OF SALE AEsq. attorney for PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION herby 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. 3129.2(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: J-LV& ' 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 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. PHELAN HALLINAN & SCHMIEG, LLP 187791 "' y n? y p O o 1 ? o p w N r r a ? r `"3 Z t1y n c a cD -? D °° N n C o m?n ??" C7? bC7 "tip P; o?n cnNy 'b t7(? o m,2) (?? nt7 awco z a a M ;a ? L a3o ? ? ? m ? V) 9 o bra oa E?o _ (y y z x? a ?° "R ° m D r r tzy0 0 00 aa CA? = tCtT10 n b 7y y n rn az a n v v m p ? c d c a ,O., C yy a ?y d o0c)a R o N cD 7d ? 90 t7l X O X E: U. 00 C) 0 CD . 'TI Z (.n 0-4 a '=J C7 c co oo O H r- ` 0 ?' td CL CD o Z CA ti7 A 0 s O o H %' '' CD a NW (Z) tz C a f? H r a z x ' x ? y ID ? [ , (or C al =s L k O C C N b [ tTl a? a ? o x W H g a ; c ° CD I'll 00 ,;o 0 stg.0 H o o a < o '00 O O O j _e o O CD g„ w w o < c c q`;RSs o O A ? x• K O c . w c • !. ',..- J(D r n n 9 Q f T'.'-. 7 A ? A .0 o- to H 3 ES F et '"OT 5 R = PIFNEV BOWES 12 1M 03 62 O d o. H s . ' 1004218010 FEB 26 2009 !AILED FROM ZIPCOD .tea E 1 91 03 ?' H o o P w o• w o O.a m ? rn p •? a ?. rn c0 'b ?g a b t" w ?n aCD o cD o? 0 ? C n a H c O O 021 r CD cr ril O c cn n r 'r 'ti „ OF THE P'?`.'?' H"'NO?ARY 2009 HAY -8 AM 11: 4 5 I j.r"r 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, F/K/A Court of Common Pleas CENDANT MORTGAGE CORPORATION Plaintiff Civil Division V. CUMBERLAND County ROBERT C?TOWNSLEY DAWN M. OWNSLEY Defendants No. 08-7449-CIVIL TERM MOTION TO MAKE RULE ABSOLUTE PHH through its a Show Cause 1. 2. 3. Defendants t and correct c MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, by and torney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to absolute in the above-captioned action, and in support thereof avers as follows: That it is the Plaintiff in this action. A Motion to Reassess Damages was filed with the Court on April 13, 2009. A Rule was entered by the Court on or about April 16, 2009 directing the > show cause why the Motion to Reassess Damages should not be granted. A true of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. I The Rule to Show Cause was timely served upon all parties on April 29, 2009, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". Defendants failed to respond or otherwise plead by the Rule Returnable date of May 19, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. ea T LP Phelan Hallinan& Sc M DATE: By: Miche M. Bradford, Esq l e 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 Philadelnhi PA 19103-1814 215 563-7000 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff V. ROBERT C?TOWNSLEY DAWN M. OWNSLEY Defendants S ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-7449-CIVIL TERM A M tion to Reassess Damages was filed with the Court on April 13, 2009. A Rule was entered by the Court on or about April 16, 2009 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on April 29, 2009 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of May 19, 2009. RE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Uallinan Sc ieg, LLP DATE: By: 14 v the V. Bradford, squi Attorney for Plaintiff Exhibit "A" F PHH V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA TGAGE CORPORATION, F/K/A 'MORTGAGE CORPORATION COQ of Common Pleas Plaintiff Civil Division CUMBERLAND County No. 08-7449-CIVIL TERM ROBERT C. TOWNSLEY DAWN M TOWNSLEY Defendants AND to show Damages. . Rule R RULE day of Apr?]-2009, a Rule is entered upon the Defendants why an Order should not be entered granting plaintiffs Motion to Reassess 20 8..015 af +ep, 9crvices , ible BY OURT J. Exhibit "B" RLC? j 'r'= X_ f. ,.P fir: ?J1' TNc . , 2009 APR 30 AN 10. PHELAN ] by: Miche Atty. I.D. I One Penn l 1617 John IALLINAN & SCHMIEG, LLP M. Bradford, Esquire o.69849 enter, Suite 1400 '. Kennedy Boulevard ti PA 19103-1814 `cORNEY FOR PLAINTIFF PHH MOR GAGE CORPORATION, F/K/A CENDAN MORTGAGE CORPORATION Plaintiff V. ROBERT . TOWNSLEY DAWN M. TOWNSLEY Defendants Court of Common Pleas Civil Division CUMBERLAND County No. 08-7449-CIVIL TERM CERTIFICATION OF SERVICE I to the ROBERT( DAWN M. 28 MIDDL DATE: -.by certify that a true and correct copy of the Court's April 16, 2009 Rule was sent ing individuals date indicated below. TOWNSLEY??, ROBERT C. TOWNSLEY rOWNSLEY DAWN M. TOWNSLEY SPRING ROAD 1132 PENNY COURT 1URG, PA 17257-8609 HOLTWOOD, PA 17532 jPlan Ilinan & Schmieg, LLP b? By: Mic le B ford, Esquire VERIFICATION M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that he is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. 4904 relating to the unsworn falsification of authorities. Phelan Hallinan Sc ieg, LLP DATE: By: c e M. Bradford, squi Attorney for Plaintiff PHELAN LLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F Kennedy Boulevard, Suite 1400 Philadelphia PA 19103-1814 61? IV-1-/ VV PHH MORTGAGE CORPORATION, F/K/A : CENDANT MORTGAGE CORPORATION Plaintiff V. ROBERT C. TOWNSLEY DAWN M. OWNSLEY ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-7449-CIVIL TERM Defendants CERTIFICATION OF SERVICE I her by certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in upport thereof were served upon the following individuals on the date indicated below. ROBERT C. TOWNSLEY ROBERT C. TOWNSLEY DAWN M. OWNSLEY DAWN M. TOWNSLEY 28 MIDDLE SPRING ROAD 1132 PENNY COURT SHIPPENS URG, PA 17257-8609 HOLTWOOD, PA 17532 Phelan Hallinan & Sc ieg, LLP DATE: By: Mnk' ?k Mi 1 M. radford, s e Attorney for Plaintiff 2009 f'ist's `7 i;1, 1 1 E F ?{ A I?+ 1 MAY ?b 2009G IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION, F/K/A Court of Common Pleas CENDANT MORTGAGE CORPORATION Plaintiff Civil Division V. CUMBERLAND County ROBERT C. TOWNSLEY No. 08-7449-CIVIL TERM DAWN M. TOWNSLEY ; Defendants ORDER AND NOW, this V411' day of /n*7 , 2009, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute; and Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $117,284.20 Interest Through June 10, 2009 $10,863.90 Per Diem $24.90 Late Charges $216.68 Legal fees $1,300.00 Cost of Suit and Title $1,421.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $0.00 Appraisal/Brokers Price Opinion $0.00 THE k"' 2R 09 Mi`% `i 2 9 ? . f! - Its eyt 94-1--f m .amt-'?- is Mortgage Insurance Premium / $205.10 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $1,370.90 TOTAL $132,662.28 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. OURT BY 7C J. 187791 r In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-7449 Civil Term 209 L s E 2,' I E I 0! i i PHH Mortgage Corporation, F/K/A Cendant Mortgage Corporation VS Robert C. Townsley and Dawn M. Townsley Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on March 9, 2009 at 1159 hours,she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit Robert C. Townsley and Dawn M. Townsley, by making known unto Dawn M. Townsley personally, at, 28 Middle Road, Shippensburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on April 9, 2009 at 1618 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 Robert C. Townsley and Dawn M. Townsley, located at, 28 Middle Road, Shippensburg, Cumberland County Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Robert C. Townsley and Dawn M. Townsley, by regular mail to their last known address of 28 Middle Road, Shippensburg, PA 17257. This letter was mailed under the date of April 2, 2009 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: :Docketing 30.00 Poundage 18.02 :Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Milage 36.00 Levy 15.00 Surcharge 30.00 Law Journal 377.00 Patriot News 325.13 Post Pone Sale Share of Bills So Answers, R. Thomas Kline, S eriff Real Estate Coordinator rc/? ??a 4 By ? -1 40.00 15.43 919.08 3109 ? Lro C' .50Ak vL '7 z YG t PHHMP14GAGECORPORATION, F/K/A CENDANT MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION ROBERT C. TOWNSLEY DAWN M. TOWNSLEY NO. 08-7449-CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129.1 PHH MORTGAGE CORPORATION, F/K/A CENDANT 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 ,28 MIDDLE SPRING ROAD, SHIPPENSBURG, PA 17257-8609. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ROBERT C. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 DAWN M. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BUREAU OF COMPLIANCE DEPARTMENT 280946 HARRISBURG, PA 17128-0946 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) CUMBERLAND-FRANKLIN JOINT MUNICIPAL AUTHORITY 725 MINICIPAL DRIVE SHIPPENSBURG, PA 17257 CUMBERLAND-FRANKLIN JOINT MUNICIPAL AUTHORITY 28 S. PITT STREET C/O RICHARD KOCH CARLISLE, PA 17013 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 Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 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 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 f se statemeherein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn si i ation to u orities. February 20, 2009 DATE DANIWG. SCHMMG, ESQUIRE Attorney for Plaintiff r''; t.,? c_ = s - .? _r '?f? ?'7 ---1 ?' , ?, _Tt ' ;, R T-- - - rr ?. Ca a +3 t_.;i --C Of' ,A PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff, V. CUMBERLAND COUNTY No. 08-7449-CIVIL TERM ROBERT C. TOWNSLEY DAWN M. TOWNSLEY Defendant(s). February 20, 2009 TO: ROBERT C. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 DAWN M. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 28 MIDDLE SPRING ROAD, SHIPPENSBURG, PA 17257- 8609, 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 $126,913.92 obtained by PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S_RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. Jr 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. DU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED SLOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. PORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be stponed 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 LEGAL DESCRIPTION ALL?the following described real estate lying and being situate in Southampton Township, Cumberland County, Pennsylvania, bounded and limited as follows: BEGI NING in Legislative Route 21047 being also known as Middle Spring Road, at a point 120.05 feet northwest of the northwesterly corner of lands now or formerly of Elmer M. Ott, said point also being the northeasterly corner of Lot No. 5 of the hereinafter referred to subdivision; thence along the southerly line of Lot No. 5, South 57 degrees 33 minutes 00 seconds West, 202.54 feet to a point along lands now or formerly of David Blank; thence along lands now or formerly of Blank, North 32 degrees 27 minutes 00 seconds West, 240 feet to a point being the Northwest corner of Lot No. 4; thence North 57 degrees 33 minutes 00 seconds East, 206.61 feet along lands now or formerly of David Blank to a point in Legislative Route 21047; thence in Legislative Route 21047, South 31 degrees 28 minutes 35 seconds East, 240.04 feet to the place of beginning. CONTAINING 1.127 acres. BEIN designated as Lot Nos. 4 and 5 on subdivision plan entitled 'Middle Spring Subdivision', prepared by Martin and Martin, Inc. dated July, 1979 and recorded i Cumberland County, Pa., Plan Book 37, Page 108. EXCEPTING and reserving 'Parcel A' as shown on subdivision plan recorded in Cumberland County, Pa., Plan Book 64, Page 118. TITLE TO SAID PREMISES IS VESTED IN Robert C. Townsley and Down M. Townsley, h/w, by Deed from Marvin B. Sensenig and Lydia M. Sensenig, h/w, dated 12/19/2000, recorded 12/28/2000 in Book 236, Page 896. PREMISES BEING: 28 MIDDLE SPRING ROAD, SHIPPENSBURG, PA 17257-8609 PARC L NO. 39-30-2574-020 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-7449 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION, f/k/a CENDANT MORTGAGE CORPORATION, Plaintiff (s) From ROBERT C. TOWNSLEY and DAWN M. TOWNSLEY (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 $126,913.92 L.L. $30 Interest from 2/11/09 - 6/10/09 (per diem - $21.15) -- $2,538.00 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $313.49 Other Costs Plaintiff Paid Date: 2/25/09 (Seal) Curtis R. Long, Prothonotary By: Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG 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 Real Estate Sale # 66 On February 27, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Southampton Township, Cumberland County, PA Known and numbered as 28 Middle Spring Road, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 27, 2009 BY' Uatjla- t&"d"j 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. i Marie Coyne, Edito SWORN TO AND SUBSCRIBED before me this 5 day of Mgy, 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY MY Commission Expires Apr 28, 2010 RRAL WTATN RALz No. 66 Writ No. 2008-7449 Civil PHH Mortgage Corporation f/k/a Cendant Mortgage Corporation vs. Robert C. Townsley and Dawn M. Townsley Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL the following described real estate lying and being situate in Southampton Township, Cumber- land County, Pennsylvania, bounded and limited as follows: BEGINNING in Legislative Route 21047 being also known as Middle Spring Road, at a point 120.05 feet northwest of the northwesterly corner of lands now or formerly of Elmer M. Ott, said point also being the north- easterly corner of Lot No. 5 of the hereinafter referred to subdivision; thence along the southerly line of Lot No. 5, South 57 degrees 33 minutes 00 seconds West, 202.54 feet to a point along lands now or formerly of David Blank; thence along lands now or formerly of Blank, North 32 degrees 27 minutes 00 seconds West, 240 feet to a point being the North- west corner of Lot No. 4; thence North 57 degrees 33 minutes 00 seconds East, 206.61 feet along lands now or formerly of David Blank to a point in Legislative Route 21047; thence in Legislative Route 21047, South 31 degrees 28 minutes 35 seconds East, 240.04 feet to the place of beginning. CONTAINING 1.127 acres. BEING designated as Lot Nos. 4 and 5 on subdivision plan entitled 'Middle Spring Subdivision', prepared by Martin and Martin, Inc. dated July, 1979 and recorded in Cumber- land County, Pa., Plan Book 37, Page 108. EXCEPTING and reserving `Par- cel A' as shown on subdivision plan recorded in Cumberland County, Pa., Plan Book 64, Page 118. TITLE TO SAID PREMISES IS VESTED IN Robert C. Townsley and Down M. Townsley, h/w, by Deed from Marvin B. Sensenig and Lydia M. Sensenig, h/w, dated 12/ 19/2000, recorded 12/28/2000 in Book 236, Page 896. PREMISES BEING: 28 MIDDLE SPRING ROAD, SHIPPENSBURG, PA 17257-8609. PARCEL NO. 39-30-2574-020. The Patriot-News Co. 812 Market St." Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 z4f patri"OtwNews 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 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 Miscelianeous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/24/09 05/01/09 Sworn and ub4cribed before me this 12 day of May, 2009 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA i-'??Nota ial seal Stwria L Kisser, Notary Public Cky MY OtC.orrx esion Fires Nov. X 2011 Member, Pennsylvania Association of Notaries 05/08/09 Real Estate Sale No. 66 Writ No. 21106.7449 Civil Term PHH Mortgage Corporation, F/K/ A Cendent Mortgage Corporation VS Robert C.Townsley and Dawn M, Townsiey Attorney Daniel Schmieg LEGAL DESCRIPTION ALL the following described real estate lying and being situate in Southampton Township, Cumberland County, Pennsylvania, bounded and limited as follows: BEGINNING in Legislative Route 21047 being also known as Middle Spring Road, at a point 120.05 feet northwest of the northwesterly comer of lands now or formerly of Elmer M. Ott, said point also being the northeasterly corner of Lot No. 5 of the hereinafter referred to subdivision; thence along the southerly line of Lot No. 5, South 57 degrees 33 minutes 00 seconds West, 202.54 feet to a point along lands now or formerly of David Blank; thence along lands now or formerly of Blank, North 32 degrees 27 minutes 00 seconds West, 240 feet to a point being the Northwest comer of Lot No.4; thence North 57 degrees 33 minutes 00 seconds East, 206.61 feet along lands now or formerly of David Blank to a point in Legislative Route 21047; thence in Legislative Route 21047, South 31 degrees 28 minutes 35 seconds East, 240.04 feet to the place of beginning. CONTAINING 1.127 acres. BEING designated as Lot Nos. 4 and 5 on subdivision plan entitled `Middle Spring Subdivision', prepared by Martin and Martin, Inc, dated July, 1979 and recorded in Cumberland County, Pa., Plan Book 37, Page 108. EXCEPTING and reserving `Parcel A' as shown on subdivision plan recorded in Cumberland County, Pa., Plan Book 64, Page 118. TITLE TO SAID PREMISES IS VESTED IN Robert C. Townsley and Down M. Townsley, h/ w, by Deed from Marvin B. Sensenig and Lydia M. Sensenig, h/w, dated 12/19/2000, recorded 12/28/2000 in Book 236, Page 896. PREMISES BEING: 28 MIDDLE SPRING ROAD, SHIPPENSBURG, PA 17257-8609 PARCEL NO. 39-30-2574-020 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 PHH MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff j CIVIL DIVISION V. NO.: 08-7449-CIVIL TERM CUMBERLAND COUNTY ROBERT C. TOWNSLEY DAWN M. TOWNSLEY C Defendant(s) ZS1 PRAECIPE TO ENTER ORDER To th? Prothonotary: ; Kindly enter the attached REASSESSMENT ORDER and AMEND THE JUDGMENT by Order in favor of the Plaintiff and against ROBERT C. TOWNSLEY and DAWN M. TOWNSLEY, defen ant(s). As Set Forth in the Order $132,662.28 ? Lawrence T. Phelan, q., I No. 32227 ? Francis S. Hallinan, Es ., . No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? J 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 Attorney for Plaintiff 4I4.oo PO AIT4 t093OW1 187791 0,989 80(p 0AC't, a?.C9?P MAY 2 u 2009 k IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION, F/K/A Court of Common Pleas CENDANT MORTGAGE CORPORATION Plaintiff Civil Division V. CUMBERLAND County ROBERT C. TOWNSLEY DAWN M. TOWNSLEY Defendants No. 08-7449-CIVIL TERM ORDER AND NOW, this oZ.9411-day of l7l;;-, , 2009, upon consideration of Plaintiff's Motion, to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered-to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $117,284.20 .Interest Through June 10, 2009 $101863.90 Per Diem $24.90 Late-Charges $216.68. Legal fees $1,300.00 Cost of Suit and Title $1,421.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation - $0.00 Appraisal/Brokers Price Opinion $0.00 kv Mortgage Insurance Premium / $205.10 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $1,370.90 TOTAL $132,662.28 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 J. 187791 -rRue copy and,??' PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 PHH ORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO. 08-7449-CIVIL TERM ROBERT C. TOWNSLEY DAWN M. TOWNSLEY De ndant(s) To the Prothonotary: CUMBERLAND COUNTY Issue writ of execution in the above matter: Amount Due $132,662.28 N p Interest from 06/11/2009 to Date of Sale $10,060.05 ° 7j - X_ ($22.11 per diem) ?AL 0.oo QID WTN '4(p. Do UW I/. 00 to 4t, I(o.g4 lip 00 1q. 08 N 78.50 '? " )4.00 a? . o014 I?.oo 01 -Po" : Please attach description of property. # 187791 ao.g387 a_%"golo $142,722.33 ?. C- -- 'C"10 bL _< Attorney for Plainti 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 ff 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 ? Pelter 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 'n -- c? ?v vc? 4.auLd b 000 000 a En C7a E U' a 0C ? 3 U W Camn SAW W Cam/] SAW PQ ¢ ?i N r 00 z A N V] 1?1 O? W a oa O? O? O? UW ?1 U Q F O O U F? O? ?a ?W ?Ob U F w F ? Q w? as°a 0 v W a Oo OCd W u U a O N ? N W) tn , °, d Q?vroo N01 OQ??.? N\Opp r- O??p ?npN M, p W O M N O1 z N N O pi ° O O z n" r- c Nt,-",° G p b 6z .azZZbzti ZZ a,ZZb o o c"'So 6 ab v? ZZZoozb-d W.- j ?? W W^d wy"y"yb y W W?_ W W N 4) Of '? a s RS U ?Q .L" Cd ca U y "o, as r. w ca 0 '"m u -0, U0 ¢a Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-5 3-7000 PHH MORTGAGE CORPORATION Plaintiff Attorneys for Plaintiff : COURT OF COMMON PLEAS CIVIL DIVISION V. : NO. 08-7449-CIVIL TERM ROB RTC. TOWNSLEY DA M. TOWNSLEY CUMBERLAND COUNTY Defendant(s) 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: (X) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to 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 El dith T. Romano, Esq., Id. No. 58745 [[eetal 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 V. NO. 08-7449-CIVIL TERM ROBERT C. TOWNSLEY DAMIN M. TOWNSLEY CUMBERLAND COUNTY Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 1 2. 3 4. 5 6 PHH MORTGAGE CORPORATION, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the e for the Writ of Execution was filed, the following information concerning the real property located at 28 MIDDLE SPRING , SHIPPENSBURG, PA 17257-8609. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) ROBERT C. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 DAWN M. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE Name and last known `address of every judgment creditor whose judgment is a record lien on the real property to 'be'9old '' Name Address (if address cannot be reasonably ascertained, please indicate) Bureau of Compliance Department 280946 Harrisburg, PA 17128-0946 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 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) Cumberland-Franklin Joint Municipal Authority 725 Municipal Drive Shippensburg, PA 17257 Cumberland-Franklin Joint Municipal Authority 28 South Pitt Street C/o: Richard Koch, Esquire Carlisle, PA 17013 Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 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 Martin Martin Inc. Middle Spring, LLC. 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 37 S. Main Street; Suite A Chambersburg, PA 17201-2200 16676 Cumberland Highway Newburg, PA 17240-9644 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 a. C.S.A. § 4904 relating to unworn 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 ? Judith T. Romano, Esq., Id. No. 58745 Q/ heetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 PHH MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. NO. 08-7449-CIVIL TERM ROBERT C. TOWNSLEY A/K/A ROBERT CHARLES CUMBERLAND COUNTY TO SLEY, SR. DA M. TOWNSLEY A/K/A DAWN MARIE TOWNSLEY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY I TO: ROBERT C. TOWNSLEY DAWN M. TOWNSLEY 28 MIDDLE SPRING ROAD 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 SHIPPENSBURG, PA 17257-8609 * *T IS FIItM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED W L BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, HIS 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 28 MIDDLE SPRING ROAD, SHIPPENSBURG, PA 17257-8609 is led to be sold at the Sheriff's Sale on 09/08/2010 at 10:00 AM in the Cumberland County Courthouse, Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $132,662.28 obtained by PHH CGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an icement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS BE 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 ble 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 o stopping the sale. (See notice on page two on how to obtain an attorney.) YO 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price id 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 is schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff withi 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. 08-7449-CIVIL TERM PHH MORTGAGE CORPORATION VS. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY owner(s) of property situate in Southampton Township, Cumberland County, Pennsylvania, being (Municipality) 28 MIDDLE SPRING ROAD. SHIPPENSBURG. PA 17257-8609 Parcel No. 39-30-2574-020 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $132,662.28 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL the following described real estate lying and being situate in Southampton Township, Cumberland County, Pennsylvania, bounded and limited as follows: BEGINNING in Legislative Route 21047 being also known as Middle Spring Road, at a point 120.05 feet northwest of the northwesterly corner of lands now or formerly of Elmer M. Ott, said point also being the northeasterly corner of Lot No. 5 of the hereinafter referred to subdivision; thence along the southerly line of Lot No. 5, South 57 degrees 33 minutes 00 seconds West, 202.54 feet to a point along lands now or formerly of David Blank; thence along lands now or formerly of Blank, North 32 degrees 27 minutes 00 seconds West, 240 feet to a point being the Northwest corner of Lot No. 4; thence North 57 degrees 33 minutes 00 seconds East, 206.61 feet along lands now or formerly of David Blank to a point in Legislative Route 21047; thence in Legislative Route 21047, South 31 degrees 28 minutes 35 seconds East, 240.04 feet to the place of beginning. CONTAINING 1.127 acres. BEING designated as Lot Nos. 4 and 5 on subdivision plan entitledMiddle Spring Subdivision', prepared by Martin and Martin, Inc. dated July, 1979 and recorded in Cumberland County, Pa., Plan Book 37, Page 108. EXCEPTING and reserving Parcel A' as shown on subdivision plan recorded in Cumberland County, Pa., Plan Book 64, Page 118. UNDER AND SUBJECT to restrictions of record and to the terms and provisions of a certain Right of Way Agreement dated the 14th of December 1990, which is recorded in Cumberland County Miscellaneous Book 391, Page 976. TITLE TO SAID PREMISES IS VESTED IN Robert C. Townsley and Down M. Townsley, h/w, by Deed from Marvin B. Sensenig and Lydia M. Sensenig, h/w, dated 12/19/2000, recorded 12/28/2000 in Book 236, Page 896. PREMISES BEING: 28 MIDDLE SPRING ROAD, SHIPPENSBURG, PA 17257-8609 PARCEL NO. 39-30-2574-020 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-7449 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION, Plaintiff (s) From ROBERT C. TOWNSLEY and DAWN M. TOWNSLEY (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 $132,662.28 L.L. Interest from 6/11/09 to Date of Sale ($22.11 per diem) -- $10,060.05 Atty's Comm % Due Prothy $2.00 Atty Paid $1,268.07 Other Costs Plaintiff Paid Date: 4/l/10 (Seal) Deputy REQUESTING PARTY: Name: SHEETAL R. SHAH-JANI, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 81760 David D. Buell, Pr thonotary By: Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY FILED- r 2010 UIN" Cli"r !11i?`i? PHH Mortgage Corporation vs. Case Number Robert C Townsley (et al.) 2008-7449 SHERIFF'S RETURN OF SERVICE 05/28/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Schmieg on 5/24/10 SHERIFF COST: $94.27 SO ANSWERS, C 4z Ka2?-? June 01, 2010 RON R ANDERSON, SHERIFF c': Ceu:r;;Suite Sne• f, le'Pos't, inc. WRIT OF EXECUTION and/or ATTACHMENT i COMMONWEALTH OF PENNSYLVANIA) NO 08-7449 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 ROBERT C. TOWNSLEY and DAWN M. TOWNSLEY (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 $132,662.28 L.L. Interest from 6/11/09 to Date of Sale ($22.11 per diem) -- $10,060.05 Atty's Comm % Due Prothy $2.00 Atty Paid $1,268.07 Other Costs Plairx'.ff Paid Date: 4/1110 David D. Buell, ?rothonotary (Sea!) By: Deputy REQUESTING PARTY: Name: SHEETAL R. SHAH-JANI, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 81760 PHH'MORTGAGE LORPORATION COURT OF COMMON PLEAS t?! aintiff , CIVIL DIVISION V. NO. 08-7449-CIVIL TERM ROBERT C. TOWNSLEY DAWN M. TOWNSLEY CUMBERLAND COUNTY Defendant(s) 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 28 MIDDLE SPRING ROAD, SHIPPENSBURG, PA 17257-8609. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) ROBERT C. TOWNSLEY DAWN M. TOWNSLEY 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known'address of everyjudgment creditor whose judgment is a record lien on the real property to'be'Sold?' Name Address (if address cannot be reasonably ascertained, please indicate) Bureau of Compliance Department 280946 Harrisburg, PA 17128-0946 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) Cumberland-Franklin Joint Municipal Authority 725 Municipal Drive Shippensburg, PA 17257 Cumberland-Franklin Joint Municipal Authority 28 South Pitt Street C/o: Richard Koch, Esquire Carlisle, PA 17013 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. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA Martin Martin Inc. Middle Spring, LLC. 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 37 S. Main Street; Suite A Chambersburg, PA 17201-2200 16676 Cumberland Highway Newburg, PA 17240-9644 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. March 2 2010 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 Wdith T. Romano, Esq., Id. No. '58745 eetal 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. 6;1791 ? 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. : NO. 08-7449-CIVIL TERM ROBERT C. TOWNSLEY A/K/A ROBERT CHARLES CUMBERLAND COUNTY TOWNSLEY, SR. DAWN M. TOWNSLEY A/K/A DAWN MARIE TOWNSLEY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ROBERT C. TOWNSLEY DAWN M. TOWNSLEY 28 MIDDLE SPRING ROAD 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 SHIPPENSBURG, PA 17257-8609 "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 28 MIDDLE SPRING ROAD, SHIPPENSBURG, PA 17257-8609 is scheduled to be sold at the Sheriff's 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 $132,662.28 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 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. 08-7449-CIVIL TERM PHH MORTGAGE CORPORATION vs. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY owner(s) of property situate in Southampton Township, Cumberland County, Pennsylvania, being (Municipality) 28 MIDDLE SPRING ROAD, SHIPPENSBURG, PA 17257-8609 Parcel No. 39-30-2574-020 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $132,662.28 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL the following described real estate lying and being situate in Southampton Township, Cumberland County, Pennsylvania, bounded and limited as follows: BEGINNING in Legislative Route 21047 being also known as Middle Spring Road, at a point 120.05 feet northwest of the northwesterly corner of lands now or formerly of Elmer M. Ott, said point also being the northeasterly corner of Lot No. 5 of the hereinafter referred to subdivision; thence along the southerly line of Lot No. 5, South 57 degrees 33 minutes 00 seconds West, 202.54 feet to a point along lands now or formerly of David Blank; thence along lands now or formerly of Blank, North 32 degrees 27 minutes 00 seconds West, 240 feet to a point being the Northwest corner of Lot No. 4; thence North 57 degrees 33 minutes 00 seconds East, 206.61 feet along lands now or formerly of David Blank to a point in Legislative Route 21047; thence in Legislative Route 21047, South 31 degrees 28 minutes 35 seconds East, 240.04 feet to the place of beginning. CONTAINING 1.127 acres. BEING designated as Lot Nos. 4 and 5 on subdivision plan entitled 'Middle Spring Subdivision', prepared by Martin and Martin, Inc. dated July, 1979 and recorded in Cumberland County, Pa., Plan Book 37, Page 108. EXCEPTING and reserving'Parcel A' as shown on subdivision plan recorded in Cumberland County, Pa., Plan Book 64, Page 118. UNDER AND SUBJECT to restrictions of record and to the terms and provisions of a certain Right of Way Agreement dated the 14"' of December 1990, which is recorded in Cumberland County Miscellaneous Book 391, Page 976. TITLE TO SAID PREMISES IS VESTED IN Robert C. Townsley and Down M. Townsley, h/w, by Deed from Marvin B. Sensenig and Lydia M. Sensenig, h/w, dated 12/19/2000, recorded 12/28/2000 in Book 236, Page 896. PREMISES BEING: 28 MIDDLE SPRING ROAD, SHIPPENSBURG, PA 17257-8609 PARCEL NO. 39-30-2574-020 1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 08-7449 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff (s) From ROBERT C. TOWNSLEY, DAWN M. TOWNSLEY (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: $132,662.28 L.L.: Interest Atty's Comm: % Due Prothy: $2.25 Atty Paid: $ 13gD.8Y Other Costs: Plaintiff Paid: Date:8/31/12 .-~ David D. Bu 11, Prothono (Seal) B Deputy REQUESTING PARTY: Name: ALLISON F. WELLS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 309519 __ __ __ ~_ PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff v. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due TOTAL Note: Please attach description of property. PHS # 187791 COURT OF COM CIVII. DIVISION N0.:08-7449-CIV PLEAS CUMBERLAND c C ~' c~ ~~" c~ $132,662.28 -<~ '"' ca c~ ~ ~'~ o ~~ cn 132 66 4 ~ --t ~~ ~~ Q~ r„ Allison F. We s-IT ;~, Id. No.309519 Attorney for Plaintiff ~+ gad, Sv t~ Q ~.~ l~ .oo« cl o"" ~~•~ uu °-~.~ ouy I t~ < < ~,y. c~ ly y po ~,.~y ~~ ~a ~ 3 ~ ~ 3 ~ ~~ a&oa~o ~Jn I ~ p~ ~~ss~~l y ~ Q ~ A r' v, Q ~~~ Wes.., w a ~~a, ~ rn~a ~ ~ ~' ~~~ Uwe ~~~ a~ ~ PAZ ~Qz ~~a ~~? ~ ~ a ~N a~ 0 ~, o~ ~ a a~ o0 HW Opp, ~ 0 ^ H O ~ ry I~1 ~ ~ ~ a ~"~ p ~' ~ ~~~ ~~~ Ho~ ~W ~~~ w~ ~~ aA ~U P,W > 0 w ~ ag M O y 1 V ~ ~1 ~ ~ o ~ W ;°~ m ~ . bra _~ o ~~ o.. v ~~~ . ~ ~ . _ p„ ~ ~ u., LEGAL DESCRIPTION ALL the following described real estate lying and being situate in Southampton Township, Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING in Legislative Route LR 21047 being also known as Middle Spring Road, at a point 120.05 feet northwest of the northwesterly corner of lands now or formerly of Elmer M. Ott, said point also being the northeasterly corner of Lot 5 of the hereinafter referred to subdivision; thence along the southerly line of Lot 5, South 57 degrees 33 minutes 00 second West 202.54 feet to a point along lands of David Blank; thence along lands now or formerly o David Blank, North 32 degrees 27 minutes 00 seconds West, 240 feet to a point being the Northwest corner of Lot 4; thence North 57 degrees 33 minutes 00 seconds East, 206.61 feet along lands now or formerly of David Blank to a point in Legislative Route LR 21047; thence in Legislative Route 21047, South 31 degrees 28 minutes 35 seconds East 240.04 feet to the pla e of BEGINNING. CONTAINING 1.127 acres and being Lots #4 & 5 of a subdivision plane entitled, 'Middle Spring Subdivision', prepared by Martin and Martin Incorporated, and dated July, 1979, rev December 20, 1979, and February 12, 1980, as recorded in the Cumberland County Deed B Volume 37 page 108. Excepting and reserving 'Parcel A' as shown on subdivision plan recorded in Plan Book 64 118. TITLE TO SAID PREMISES IS VESTED IN Robert C. Townsley and Dawn M. Townsley, by Deed from Marvin B. Sensenig and Lydia M. Sensenig, h/w, dated 12/19/2000, recorded 12/28/2000 in Book 236, Page 896. PREMISES BEING: 28 MIDDLE SPRING ROAD, SHIPPENSBURG, PA 17257-8609 PARCEL N0.39-30-2574-020 PHELAN HALLINAN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 ~ ~~-~~-~~ ~~~~ One Penn Center Plaza ~` ~~~~ P~a~H(~~iOTA~~'r Philadelphia, PA 19103 2Q l ~ ~~~ 3 ~ QM ~Q: S ~ 215-563-7000 PHH MORTGAGE CORPORATION, CU P~NNSYLVAh~IA ~~ F/K/A CENDANT MORTGAGE CORPORATION Plaintiff v ROBERT C. TOWNSLEY DAWN M. TOWNSLEY Defendant(s) CERTIFICATION Attorneys for Plaintiff' COURT OF COM CIVIL DIVISION N0.:08-7449-CIV CUMBERLAND The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above matter and that the premises are not subject to the provisions of Act 91 because: (X) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn i authorities. Y~ chmieg, LLP Allison .Wells, Esq., Id. No.309519 Attorney for Plaintiff PLEAS to PH>~I MORTGAGE CORPORATION, F/K/A CENDANT ,~~ViORTGAGE CORPORATION Plaintiff F~~-~~~~~~ }~~ ~~ TNT ~R~T~IONDTAi~-~ v. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY Defendant(s) X1112 AUG 31 AM 10~ 51 G1Ji'~1~~~~-AND G13UN~Y p~NNSYi`VAN1A COURT OF COM CIVIL DIVISION . NO.:O&7449-CIV CUMBERLAND ~ . PHS # 157791 AFFIDAVIT PURSUANT TO RULE 3129.1 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, Plaintiff in the by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following informa the real property located at 28 MIDDLE SPRING ROAD, SHII'PENSBURG, PA 17257-8609. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) ROBERT C. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 DAWN M. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 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 I Name Address (if address cannot be reasonably ascertained, please indicate) COMMONWEALTH OF PA DEPT. OF P.O. BOX 280948 REVENUE BUREAU OF COMPLIANCE HARRISBURG, PA 17128-0948 COMMONWEALTH OF PA DEPT. OF P.O. BOX 280946 REVENUE BUREAU OF COMPLIANCE HARRISBURG, PA 17128-0946 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) PLEAS re action, concerning sold: CUMBERLAND-FRANKLIN JOINT 725 MUNICIPAL DRIVE MUNICIPAL AUTHORITY SHIPPENSBURG, PA 17257 CUMBERLAND-FRANKLIN JOINT 28 S PITT STREET - MUNICIPAL AUTHORITY CARLISLE, PA 17013 C/O RICHARD KOCH, ESQ. CUMBERLAND-FRANKLIN JOINT 6 CLOUSER ROAD MUNICIPAL AUTHORITY MECHANICSBURG, PA 17055 C/O RICHARD KOCH, ESQ. 6. Name and address of every other person who has any record interest in the property and whose interest may be sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the props be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 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 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE 228 WALNUT STREET, SUITE 220 U.S. ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG, PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my persc knowledge or information and belief. I understand that false statements herein are made subject to of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: V Phelan lli & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff by the may penalties _ _ _ _ PHH MORTGAGE CORPORATION, F/K/A CENDANT COURT OF COMMON 'LEAS 1~IORTGAGE CORPORATION CIVIL DIVISION Plaintiff NO.: 08-7449-CIVIL TE vs. . ROBERT C. TOWNSLEY CUMBERLAND COUN Y DAWN M. TOWNSLEY . Defendant(s) c N ~ G"3 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ~r c~ ^O ~~? TO: ROBERT C. TOWNSLEY ~ ~' DAWN M. TOWNSLEY x ~ ® ~~' 28 MIDDLE SPRING ROAD ~ SHIPPENSBURG, PA 17257-8609 ~ r~ ~~ **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION TAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BAN UPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT NLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 28 MIDDLE SPRING ROAD, SHIPPENSBURG, PA 17257-8609 s scheduled to be sold at the Sheriffs Sale on 12/05/2012 at 10:00 AM in the Cumberland County Cou house, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $132,662.28 obtained by P H MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION (the mortga e) against you. In the event the sale is continued, an announcement will be made at said sale in complian a 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, cost and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 xl 30. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the if the judgment was improperly entered. You may also ask the Court to postpone the sale for good c 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 ~ou will have of stopping the sale. (See notice on page two on how to obtain an attorney.) Y Y FF'S SALE DOES T. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find {gut 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 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 ~ut if this has happened, you may ca11215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the prope~ty 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 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 f distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) d ys after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection i his office. This schedule will state who will be receiving that money. The money will be paid out in acc rdance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with t 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 i after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA E A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED B LO 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 N0.08-7449-CIVIL TERM PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION vs. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY owner(s) of property situate in the SOUTHAMPTON TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 28 MIDDLE SPRING ROAD. SHIPPENSBURG. PA 17257-8609 Parcel No. 39-30-2574-020 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $132,662.28 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL the following described real estate lying and being situate in Southampton Township, Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING in Legislative Route LR 21047 being also known as Middle Spring Road, at a point 120.05 feet northwest of the northwesterly corner of lands now or formerly of Elmer M. Ott, said point also being the northeasterly corner of Lot 5 of the hereinafter referred to subdivision; thence along the southerly line of Lot 5, South 57 degrees 33 minutes 00 seconds West 202.54 feet to a point along lands of David Blank; thence along lands now or formerly of David Blank, North 32 degrees 27 minutes 00 seconds West, 240 feet to a point being the Northwest corner of Lot 4; thence North 57 degrees 33 minutes 00 seconds East, 206.61 feet along lands now or formerly of David Blank to a point in Legislative Route LR 21047; thence Legislative Route 21047, South 31 degrees 28 minutes 35 seconds East 240.04 feet to the place of BEGINNING. CONTAINING 1.127 acres and being Lots #4 & 5 of a subdivision plane entitled, 'Middle Spring Subdivision', prepared by Martin and Martin Incorporated, and dated July, 1979, re December 20, 1979, and February 12, 1980, as recorded in the Cumberland County Deed l Volume 37 page 108. Excepting and reserving 'Parcel A' as shown on subdivision plan recorded in Plan Book 64 118. TITLE TO SAID PREMISES IS VESTED IN Robert C. Townsley and Dawn M. Townsley, by Deed from Marvin B. Sensenig and Lydia M. Sensenig, h/w, dated 12/19/2000, recorded 12/28/2000 in Book 236, Page 896. PREMISES BEING: 28 MIDDLE SPRING ROAD, SHIPPENSBURG, PA 17257-8609 PARCEL N0.39-30-2574-020 Phelan Hallman & Schmieg, LLP L, . t r; .; _~ ~ ~ : ~. ~.; Allison F. Wells, Esq.. Id. No.309514 ~ ~- ~ ~ - ATTORNEY FOR PL.ally"CIFF 1617 .1F'K Boulevard, Suite 1400 ~ . ;~. ~_;' ;,~~ ~G~~ ~ ~ ~ , ~Cs'~ \1~•e n, One Pe-vl Venter Plaza _ , , ~.~ ~ ~ ~~~ ~' Philadelphia, PA 1910 1 ~-~6 ~-7000 PHH MORTGAGE CORPORATION, F/K/A Court of Common Pleas CENDANI~ MORTGAGE CORPORATION Plaintiff Civil Division v. CI;MBERLAND (_~ounty RORER"l~ ~'. TOWNSLEY No.: 08-7449-CIVII. TERM Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallman & Schrnieg. LLP, moves the C`o~-rt to direct the Prothonotary to amend the judgment in this matter. and in support thereof avers the d~oll-~~~ing: 1. Plaintiff commenced 1:his foreclosure action by filing a Complaint on December 23, 008. ?. Judgment was entered on February 11, 2009 in the amount of `~I 2691 .92. A true and correct copy of the praecipe~ for judgment is attached hereto. made part he rcpt: and marked as Lahibit "A'". ~. Plaintiff filed a prior Motion to Reassess Damages. which was gra-~ted by Order dated Mai 29. 2009. amending the judgment amount to $132,662.28. A true and correct copy of the Order is attached hereto, made part hereof, and marked as Exhibit `B". 4. 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 187791 ~~hich can he c<<lculated from the complaint, i.e. bringing the interest current. Hoevever. new items cannot he added at the time of entry of the judgment. ~. A Sheriffs Sale of the mortgaged property at 28 Mll)DLE SPRLti~G R.O~~U, SIIIPPF;NSBURG_ PA 17257-8609 (hereinafter the "Property") was postponed or staved for the nollo~tiing reason: a.) 111e Defendant, ROBERT C. TOWNSLEY and DAWN M. TOWNSLF`~"_ tiled a Chapter 13 Bankruptcy at Docket Number 1:09-04447 ou Tune 9, 2009. ~I~h~~ Bankruptcy was dismissed by order of court dated Jame 3.2011. A true and correct cop. ~~nthe Bankruptcy Court Order is attached hereto, made part hereon.. and marked as F,xhihit "C". 6. The Property is listed for Sheriffs Sale on December ~, 2012. 7. Additional sums have been incun~ed or expended on Defendants' behalf since the Complaint was tiled and Defendants have been given credit for any payments tl~~at have been trade since the judgnnent. The amount of damages should now read as follows: Principal Balance Interest Through December 5, 2012 Late Charges 1_egal lees Cust of Suit and Title Sheriffs Sale Costs i~ppraisal/Brokers Price Opinion Mortgage Insurance Premium/ Private Mortgage hnsurance No.n Sufficient Funds Charge Lac~~row Deficit TOTAL 51 14,6 ~ I.99 $29.696. ',~i2 ~ ri.6R 52.4>(1,0(} 51.01.";.;=~ $100.00 51.96,.09 $100.00 58.41)7.(1= $I(il_1~7'.~8 8. The judgment formerl'~y entered is insufficient to satisfy the amounts due on the 1V[ortgage. 9. 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 Defendams. 187791 l0. Plaintiff`s foreclosure judgment is in rem only and does not include personal liability. as addressed in Plaintiff's attached brief. 1 1. In accordance with Cumberland County Local Rule 208. ~(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 2q. 2012 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A tnic and correct copy of Plaintiff's letter pursuant to Local Rule 208. ~(9) and certification of mailin~~ are attached hereto, made part hereof. and marked as I/~hihit ~-D'~. I ~. In compliance with Cumberland County Local Kule 209.3(x)(2). Plaintiff avers that Judce Kevin A. Hess entered an order for Motion to Make Rule Absolute dated IVIav ?~). 2009 . ~,~}{I,REFORE. Plaintiff respectfully requests that this Honorable Court amend the. judgment as requested. D~'IT~,: Phelan I lallinan & Sc~~~ r> Bv::::_-- __ °'~~ Allison" ~. Wells, Esquire ATTORNEY FOK PLAIN"TIFF 187791 Phelan Hallman & Schmieg, LLP Allison F. Wells, Esq., ld. No.3095 L) 1617 JFK Boulevard, Suite 1400 C)ne Penn Center Plaza Philadelphia, PA 19103 215-56:~-?000 PHH MORTGAGE CORPORATION, F/K/A CENDAN~[~ MORTGAGE CORPORATION Plaintiff ~. AT~I~ORNCY Ft~R PL:~.IN"I~1PF Court of Common Pleas Civil Division CUMBERLAND County ROBI~:RT C. TOWNSLEY No.: 08-7449-C(V1L l~l-;RM DA~~N M, TOWNSLEY Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S 'MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE ROBERT C. TOWNSLEY e~:ecuted 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 secw-ed by a Mortgage on the Property located at 28 MIDDLE SPRING ROAD, SHIPPENSBURG, PA 17257-609. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums. including ta~:es, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default «ould not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 187791 13ecausc~ 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 outdates; and need to be adjusted to include current interest, real estate taxes, insura~~ce premiums, costs of collection, and other expenses which Plaintift~has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit toi- monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT (t is settled law in Pennsylvan:~a that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that .judgment is satisficd_ ~'0 P.L.E.. Judgments ~ 191 . Stephenson v. Butts, l 87 Pa.Super. ~5. 59, 142 A2d 3 ] 9, 321 (1 ~t581, Chase Home Mort~a~e Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. l 9881. The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortaa~;e Copp. v. Grillo, 827 A.?d 489 (PaSuper. ?003). MorPan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 f Pa. Super. 1998). Union National Bank of Pittsburgh v. Cion~oli, 407 Pa.Super. 171, 595 A2d l79 (l 9911 The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat._f3ank, 445 Pa. 117. 282. ~1?d 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. Plainti.fl~ must protect its collateral u~p until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 11939 j. 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 187791 Com ~an~_. Bn~rns, 414 Pa. 495, 200.1.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiti~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 i°em judgment will not be detrimental to Defendants as it imputes no personal liability. [n H.C.Y. ~. I3ukovich. the Pennsylvania Superior Court reiterated its long standing rule that a Cuurt has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157. 390 A.2d ?76 (1978). In the within case. the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender pa~nnents during the foreclosure proceeding and the advances made ry the mortgage company. The Mortga;«e plainly requires the mortgagors to tender to the mortgagee monthly payments o('principal and interest until the Promissory Note accompanying the Mortgage is paid in fill. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums. fire insurance premiums, taxes and other assessments relating to the Property. The mort~~agor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur signiticant 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 Sheriff s Sale. Pennsylva~zia 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). Sigmal Consumer 187791 Discount Company v. Babuscio, 257 Pa. Super lOl. 109. 390 A2d 266. 270 (19781,, Pennsylvania Rule of Civil Procedure 1141(a). Ho~~ti-ever, Perulsylvania law requires that the toreclosure action demand judgment for the amount due. Pa.R.C.P. 1 147(: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 Sheriff s Sale and become the successful purchaser, Plaintiff ~~~ould recei~ e the amount of the in rem judgment from the Sheriff. IV. [NTEREST ~fhe Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in hill 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 said at a tax sale. Plaintiffs interest very well may be divested. and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged ill a fire, Plaintiff ~~ ould 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 ma}% 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. 187791 V[. .ATTORNEY'S FEES The Plaintitt's foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date. including reviewing the Act 6 or .pct 91 letters. loan documents. account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 I~Otice. Department of Defense search, entry of judgment, the writ of execution process. lien holder notices. and all of the other legal work that goes into handling the mortgage foreclosure laws--it ~l~hc 'Vlortga<~e specifically provides for Plaintiff`s recove-y of its attorney 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 cr-forceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Li~an Association. v. Street Road Sho~pin~ Center. 68 D&C 2d 75l , 755 (1974). h~ hederal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amot-nt is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). 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). Plaintiff s legal fees are not a percentage but are signlilicantly less than what is permitted by Pennsylvania law. 187791 VII. COST OF SUIT ANll TITLE Pursuant to the terms of the mortgage. Plaintiff is entitled to recover all expenses incurred in the loreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid t~~ date as a result of the mortgage default. l~he title report is necessary to determine the record owners of the property. as Pa. R.C.P. 1 14~ requires all record owners to he named as Defendants in the foreclosure action. [t is also necessa~~~ tip detenniz~~e whether there are any prior liens to be cleared. so that the Sheriff s sale purchaser acquires clear title to the property. It is necessary to determine if there are: [RS liens on the property. whether the Defendants are divorced (which could affect ser<-ice of the; ci>niplaint)_ and numerous other legal issues. The title bringdown is necessar~~ to identify auy new liens cm the property or new owners between the time of filing and complaint. and the writ date . The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C~.P.3129.1 and ~ l '9.? to notify all Iienholders, owners, and interested persons of the Sheriff`s sale date, as their interests swill be divested b~~ the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should reco~~er the costs of suit and title in their entirety, which will not cause harm to the Defendants. 187791 VIII. PROPERTY 1NSPECTIONS ANll PRESERVATION I~he terms of the mortgage provide for property inspections and property preservation charges. 1~he lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage. the lender ma} do. ur pay for_ whatever is reasonable to protect its interest in the collateral. incauding propert~° maintenance. Any amounts disbursed by the lender for property inspections a~Id preservation become additional debt of the borrower secured by the mortgage. ~a~he lens{er may charge the borrower for services performed in connection with the default. for the purpose of protecting the lender's interest in the property, including property inspections and val-.-ation costs. W"hen a loan is in default, the lender's risk increases. Mortgage companies typically have a ~•endor visit the premises to determine if any windows need to be boarded up. if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises. then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing. removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks. which are referred to in the industry as '`property preservation". These services avoid Lode violations and avoid the property becoming an eyesore in the neighborhood. property preservation helps maintain property values in the neighborhood. Accordingly. line items included in Motions to Reassess Damages for property inspections and property preservatiota represent amounts which the mortgage company has paid out of irs pocket to preserve its collateral, consistent with the terms of the mortgage contract. 187791 Since tL.e term: of the mortgage provide that such expenses by the mortgage compan} become part oi~the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintif~s ivlotion to Reassess Damages. IX. CONCLUSION l~herefore. Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal piviceedings. and such delays require the mortgagee to expend additional sums proti~ided for by the Mortgage, then the expenses nece~~~sarily 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 Uama~es. 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 i~ would reco~~er the monies it expended to protect its collateral. WI IEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallina~ch~~I:P ,~f. I).~71:: ~y: ~ __ . ~L ____ -_ Allison F. We ,dire Attorney for Plaintiff 187791 Exhibit "A" 187791 Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 c7 One Penn Center Plaza ~:~_ p »"TORNE`( FILE CUf$Ytorne for Plaintiff -,, PhiladeI hia, PA 19103 Y ~~1'"^ 215-563-7000 PLEASE RETURN - f~ . '.- PHH MORTGAGE CORPORATION, CUMBERLAND COUN'T'Y • ~. F/KiA CF..NDANT MORTGAGE ~ `_ CORPORATION COURT OF COMMON PLEAS ~~'; vs. CIVIL DIVISION ROBERT G TOWNSLEY No. 08-7449-CIVIL TERM DAWN M. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES o -,-- .a -~ -.~ ~~ m -° `~ !r'1~ _- -~-; ``= =~ r~ r: -~ TO TIIE :PRO"1'1-10N0"1'AKY: jTTnRNEY FILE COPY PLEASE RETURN Kindly enter judgment in favor of the Plaintiff and against ROBERT C. TOWNSLEY, and DAWN M. TOWNSLEY, 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 Plaintif# s damages as follows: As set forth in Complaint $125,525.17 Interest - 12/18/2008 to 02J10/2009 $1,388.75 TO"hAI, $126,913.92 1 hereby certify that {1) the addresses of the Defendants} are as shown above, and (2) that notice has been given in accordance with Rule 237.1, co att ched. // i /~ 1TTORNE~f FILE CDP ~ -;-'---- PLEASE RETURN Daniel G. Schmteg, Esclui j' Attorney for Plaintiff ,~ DAMAGES ARE HEREBY ASSESSED AS INDICArI'ED. DATE: ~~~ rl3s k i s~~~ PRO PROTHY MAY 2 ~ ZQ09 ~ IN THF. COURT OF COMMON PLEAS CiJMBERLAN~ COUNTY, PENNSYLVANIA P1IIi MORTGAGF. CORPORATION, l~/K1A Court of Common Pleas CENDANT MORTGAGE CORPORATION Plaintiff Civil Division v. ROBEKT C. TOWNSLEY DAWN M. TOWNSI,EY CUMBERLAND County No. 08-7449-CIVIL TERM Defendants ORDER AND NOW, this o2~ay of ~..y , 2009, upon consideration of Plaint.ifhs t Motion to Make Rule Absolute, it is hereby ORllEKEll and llECRLED, that the Rule entered upon Defendants shall be and is hereby made absolute; and Plaintit~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 tune as follows: Principal Balance $117,284.2(] Interest Through June 10, 2009 $10,863,90 Per Diem $24.90 Late Charges $216.e8 Legal fees $1,300.00 Cost of Suit and Title $ l ,421.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $E).00 Appraisal/Brokers Price Opinion $O.OC~ G~~~l Mortgage Insurance Premium / $205.10 Private Mortgage Insurance Non Sufficient Punds Charge $0.00 SuspenseiMisc. Credits ($0.00;1 Escrow Deficit $1,370.90 TO"1'AL $132,662."?~i 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. B~' '1~HE COURT 1 ,LC~- ~~1~.i1~ I`lF ` ' J. l_~7791. ~~ l e~t~~', ~:~y, wneroot. ~ tiro unto get ~1- ~~ end tt~ sse, d s~l4 +~nrt e~ ~~ ~ 9 r ~x ~~ Exhibit "C" 187791 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA. IN RE: ROBERT CHARLES TOWNSLEY, SR. A/K/A ROBERT C. TOWNSLEY and DAWN MARIE TOWNSLEY, Debtors Chapter: 13 Case Number: 1:09-bk-04447 MDF CHARLES J. DeHART, III (TRUSTEE) Movant v ROBERT CHARLES TOWNSLEY, SR. A/K/A ROBERT C. TOWNSLEY and DAWN MARIE TOWNSLEY, Respondents ORDER DISMISSING CASE Upon consideration of the Trustee's Certificate of Default of Stipulation in settlement of the Trustee's prior PJlotion to Dismiss case for material default and it having been determined that this case should be dismissed, it is hereby: ORDERED that the above-captioned case of the Debtors is DISMISSED. By the Court, Dated: June 3. ?Ol 1 ~~ K~^`- Chief Bankruptcy Judge (ARPj Case 1:09-bk-04447-MDF Doc 57 Filed 06/03/11 Entered 06/03/11 14 53 40 Desc Main Document Page 1 of 1 PHELAN HA~.LINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: {215) 563-3459 Phelan Hallinan & Schtnieg, LLP Representing Lenders in Pennsylvania and New Jersey October 16, 2012 ROBERT C. TOWNSLEY DAWN M. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPF;NSBURG. PA 17257-8609 KE: PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION v. ROBERT' C. TOWNSLEY and DAWN M. fI'OWNSLEY Premises Address: 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 1 "%2 ti r CUMBERLAND County CC1'', No. OS-7449-CIVIL Z~'ERM Dear Defendants, Enclosed please find a true and con-ect copy of m_y proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9). I am seeking }your concurrence with the rec}uested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 10/2!/2012. Should you have further questions or concerns, please do not hesitate to contact. zn~., Otherwise, please be guided accordingly. __~_~ _~ Very truly yours, .« " --~,~. ~~ ~° ,~lit},~,u;~ 1~ru11~' Esq., Id. No.3095L- Attorney for P1: t~l; i'1"~-~-. F,nciosure 187791 _y €,~ C~ t 3~O~c#!Z 45tt~21~ t737ttt`Yst Z.GZ 9C1~ ~5'ft~~QC~Q . ad£`ZO ~ ~~ z ~ , 41M1~t~N 6~1nSM HMO, ,~'`, ~4 ~~ ~ ~; .:~ ~~.. d ~~ _~ ~~ =a~~ ~- cn c~ ~- xx~ U. y a~ ~-, .~ ~ ~ a] ~ C ~ a»--Qa +~ M ~~ ~ ~ z'¢ ~, E ~ .~ _~ Q ~ ' ~ ' ~~; ~ ., ~ ~ d...._ ~ ~ v T ~ .^ A, ' S -. ~ . ; . 3 E d E4 9 c. z ~.~~ ~ ~ m ~ ,~ a w ~~~ ~ ~, * - ~~ ~{~~s o 0.H a Ei ~ . . ~~$ ~±$ bm gfip -~ G h P. -~ > ~+ O ~ 4 f o c.~ ~-- I ~ J a ~ ~~~ ~ ~ ~ Q~~ ~~ ~ ~ U a x v '~ ca a .., ¢ ~a a ~ ro 'K m ~.. ~ .~.~ ..i E ' ~, 40.' ~ N ~~G~ ~ t~~„ N Z ~ O z,~zn, z~a.~ ~ 3za~ 3 3~~4 3 a E"'a ~ o ~,a o ° ° i ~ ma c.;°W~ U°~ ~ ~~ o ~~G~ ~~~~ 0 ~~ "i~' ~ ~ ~ i-1 ~ ~ N ~ [~ Z , °Oa ~ t+~ ~ aa ~j n ° ~ z a ~ ~~ a° . ~~ ,~ ~` ~ u ~ x ~~ z U~ ~ N .. .1 ~ _~ _._.~ r- r. as Phelan Hallman & Schmieg, LLP Allison F. Welis. Esq., Id. No.3095I9 1617 .f FK Boulevard. Suite 1400 Une Perin (enter Plara Philadciphia. PA 19103 21 ~-~63-70(10 PHH MORTGAGE CORPORATION, F,~K/A CENDAN"l~ MORTGAGE CORPORATION Plaintiff ~~. ROBF;RT C. TOWNSLEY DA~t'I~ M. TOWNSLEY Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and E3rief in Support thereof, were sent to the following individuals on the date indicated below. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSB[1RG. PA 17257-8609 ROBERT C. TOWNSLF,Y DAWN M. TOWNSLEY ] 132 PENNY COURT HOLTWOOD, PA 17532 A7~TORNEY FOR PLAlN~I7FF Court of Common Pleas Civil Division CUMBERLAND County No.: 08-7449-C1~~'I1. ~1~I:RM Phelan Hallman & Schmie~_ LLP DATE: ~''~ _. ~Y~- Allison A"CTO wells, Esquire EY FOR PLAINTIFF 187791 A ~.y IN THE COUKT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff v. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY Court of Common Pleas Civil Division CUMBERLAND County No.: 08-7449-CIVIL TERM Defendants RULE AND NOW, this ~~ day of 1J~t~,.,1rJ 2012. a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. C~ r.,a f'Tl E~J ~ '2 -~.; ~ ~ ~ C i." :n r ~ ~ T-1 f ~ <G -irk ~-ry 2-- c-~ ~ 3 c~ ~ ; ~= y -s -- ..~ 187791 S,~ ~. ,/ Ilison F. Wells. F~sq., Id. 1~~~.309~ 19 helan Hallman & Schmie~,~. LLP 517 JFK Boulevard. Suite 1400 hiladelphia, PA 19103 I:L: (? 15) 56 ~-7000 ~D[ 1 AX: (21~) 563-3459 ~ `~ ,~~ °_OBERT C. "I~OWNSLEI' i>AWN M. "I'OWNSLEY 8 MIDDLE SPRING ROAD `'~HIPPF_,NSBURG. PA 17?57-8609 ~~ 01; ~ ~ ~ L'~ ~ , °~t ~al~ j~c / ROBERT C. TOWNSLEY DAWN M. TOWNSLEY 1132 PENNY COURT HOLTWOOD. PA 17532 187791 187791 __ ~~ ____ ~;,~ a-El ~'~-~~' ~~~:~. ~.; ., Phelan Hallinan & Schmieg, LLP ''' Melissa J. Cantwell, Esq., Id. No.308912~~~~ ~(~~ _9 ~~ ~$:T$bRNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza. ~l-lP f~£RLAF~D cau~aT~ Philadelphia, PA 19103 ~EKNSYLYAt~tA 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff vs. Court of Common Pleas : Civil Division CUMBERLAND County ROBERT C. TOWNSLEY DAWN M. TOWNSLEY No.: 08-7449-CIVIL TERM Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's November 1, 2012 Rule directing the Defendants to show cause as to why Plaintiff s Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. ROBERT C. TOWNSLEY ROBERT C. TOWNSLEY DAWN M. TOWNSLEY DAWN M. TOWNSLEY 28 MIDDLE SPRING ROAD 1132 PENNY COURT SHIPPENSBURG, PA 17257-8609 HOLTWOOD, PA 17532 -elan allin & ieg, LLP NOV 0 8 1012 DATE: By: Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff 187791 _ 1i t'' Phelan Hallinan, LLP ~~ ~' ~' ~ ' ~ r -' Pb ~ ''~" ' ' Zachary Jones; Esq., Id. No.31~.7,?~1„~,, ~.,~ ~ ~4 ~~: ~ 41 1617 JF~ Boulevard, Suite 1400' `• ~ `` ' `" One Penn Center Plaza ~ ~, +~~ ~ ; l ;:; p~ 1 ;, ~~ "~'~~~ +' ~, _ ~ .. Philadelphia, PA 19103 ~' `~ ` ~' ^ `'" '' ~' ~` 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY CUMBERLAND County No.: 08-7449-CIVIL TERM Defendants MOTION TO MAKE RULE ABSOLUTE PHH MORTGAGE CORPORATION, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on October 25, 2012. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on October 16, 2012 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued by the Honorable Kevin A. Hess on or about November 1, 2012 directing the Defendants to show cause by November 21, 2012 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 B. 4. The Rule to Show Cause was timely served upon all parties on November 8, 2012 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of November 21, 2012. 187791 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: ~ / ~ C ~ ` ~ By: Phelan ., Id. No.310721 187791 Exhibit "A" 187791 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey October 16, 2012 ROBERT C. TOWNSLEY DAWN M. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 RE: PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION v. ROBERT C. TOWNSLEY and DAWN M. TOWNSLEY Premises Address: 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257 CUMBERLAND County CCP, No. 08-7449-CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 10/22/2012. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. ~_~-. Very truly yours, ~w~,.-~'" 1~l~ecu~.,.~°~t~eat ;`Esq., Id. No.309519 Attorney for~l'1~~ ~"°•-°---, Enclosure 18779] ~o~~ ~ ~o~~z ~~ 43rrew ~14~ ~ti~7 ~SZCLLS~~00 ~~ ~ Wl Z 6 ~. o Oip ~-. ~ ~ M O ~ ~ a. °` ~ id ~o~a, ~CL1U• ~- .~ ~ ~~ ~:~ a -- o ~. zQ 1~ ~~'~~~ ~ s ,, ~ ~. '~ ~_ ~~ -~. ~~ a _ ~~~ ~ f~M 7 ~ ~~ h ~ J s ~~ ~ ~ ~a ~ gN b ~ d ~~~~.~ ~ us W y j O O ~_ `.ate ~r .a +~h S ~~ ~ Q ~~+ vt ~'~~ fsT a a x U ~ x ~ w 0 V' 0 o ~ a e ~ ~ ~; ~ ~ ~ „ a c t ~, W_ vy N ^'~ ~ ~ ~ y' _ ~ ~ t'`7 C/~ ~.. ~ 4 ~ i ~~G7a ~~F~ .ti G,~ 33av ~ ~ O~pa V Ua ~ Ov~ v~`~~ HO O uF~$ E- a g .. z a~ca~~ aa~x a~~ ~~ .~ ~ ~ ~ ~ ; . ~ °~ u ~ *~+ N ~~ ~ Si cn n 00 Exhibit "B" 1g~~91 I'ti '~lll-~ t`CjI'l~"1` !lI~` Cl'(3'+1t~1()t~` i~l_:,~.l!s f;)l~ ;~~"4.113Ek1, ~ ;t ° °~.~.~,: I'I-l:l } ~-IOR"i G.~UI/ (:(:)4Zl'()R~ 1`IOI~, x 'Ki"<, : ('Drat of C~7n~n~oi~ Plt.as i-',~L);1i~"] MOIZl`tr,~(:Tl_. (;:;ORP()R~~1TIOl!? I'laintil~E~ Civil Dig-iyion ~'- C;(?M13I?:I21:.::~N13 C;o~znty RC)I~L~;I~t"I' C. "I~t)t~'NSLI~'Y l~lo.: 0~-7~~T~-CIVIL 'I':I~.RM I)e.Ieruiants RUI~Z - ~~~~.O12. a Rule. ~~,a c~iEEae<? l~l~or the T)e~ezkdar~ts t ~ su?~~° catzsf~ ~~-i~y a~f Orclc~~ ;~,c±~.~ld not he entered g~-artir~g I'laintitt`;, ;Motion to Reassess l>~~~7<ages. C)~i ~.ndant~ sh~.ll Dave t~~-ent} f?E )) claw frot~i the dare c~~ tl:,is Order [t~ f ale ~ ru;~ponse to I'3air;t~ff s l.•Iotion to l.ieasse~s I7zzt~~a~es. If~no response is filed. ~.~~ifh the Cc~tu~.. I'laintif~[~rna~l fire a Moi~ioi~ to Make Rule Ak~soh~te anal no .hearing .rill be scheduled on this matter, I3~' `I IIE. CUt.JR"I~ -- .~ . 1877y1 111i~.~t; E. 1~'ell~, (~;~;I., Id. Nc;.3t)9~19 I'1-~eiaz~ IIallirfan ~ Se,~mie~~, LLP ~) ~ .11 -I\. ~3~)Lf~:;V::i("E~. ~ilitE' ; =~~)tl Y'Ziladcll~l~ia, F'1 ~'??+ ,, ~H.If'Iyl:?~~F~C_`ld<3. !'a i?25?-609 HOl.T`?V(~OD, P~~ 17532 1 ~? ii).A t. 1 I377y I Exhibit "C" 187791 Phi laii Hallman & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.3089 1.617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Z1S-S63-7000 PHH MORTGAGE CORPORATION Plaintiff vs. ROBERT C. TOWNSLEY DAWN M. TOWIv'SLEY Defendants TTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Ct1MBERLANI? Count No.: 08-7449-C.'I~~1~1~ 11~:1~;~1 CERTIFICATION OF SERVICE, 1 hereby certify that a true and correct copy of the Court's November 1, 2012 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the datc indicated below. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 NOU 0 8 10i2 DATE: ROBERT C. TOWNSLEY DAWN M. "I'OWNSLEY 1132 PENNY COURT HOLTWOOD, PA 17532 ~'€ic~Iactr~lallirti.k~i ~~ `~c:'trtticg, LLP ¢~ ,, __ By: '~ _ _.. _ __ Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff 187791 Phelan Hallinan, LLP Zachary Jones; Esq., Id. No.310721 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. CUMBERLAND County ROBERT C. TOWNSLEY DAWN M. TOWNSLEY No.: 08-7449-CIVIL TERM Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 DATE: ~ ` r ~~' l -" B ROBERT C. TOWNSLEY DAWN M. TOWNSLEY 1132 PENNY COURT HOLTWOOD, PA 17532 1 187791 PHELAN HALLINAN & SCHMIEG, LLP Meredith Wooters, Esq., Id. No.307207 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff c r t~ ~;' cn .{ r-° < ~,. y ~ :~ ~_, ~,, c `~ tTt c~ ;'n ~ '' -~tu_ c'. --~ ~ -,-'; ,- --- ~_,; f -; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION Plaintiff, v. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: 08-7449-CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA W :;- ~: PHILADELPHIA COUNTY ) 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 hereto Exhibit "A". Meredith Wooters, Esquire Attorney for Plaintiff Date: `' :3~/~~` 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. PHS # 187791 ~$ r ~ w ao _._ .~ ~ o. v~ as 4 , w `.• ~4 ~ __ R " ~, ~ Q 1F fF tF +F • ~F C .t Q. ~L' ~~ ' ~) ~[~ '~ C7~~ 5,,"~,,,~ a.~ #~~00~1t'.tb M Y t3 O~ Q ~Q~ ~S~? }~"~^ d"(~ddQ ~°ipp>~ ~C:Q ~Q~ ~°~C ~~~'~ +~'7cA ~ ~ ~ ~Q*-~ ~p~ ~ ~~~ t~~Eq~ ~~ti7se ~ '"fig w ~`~Q] ~ ~ ~ ~ ~p i+ ~~~~"!!AH+st ~ Yri~„~,3p ~~"yyyyyy:+~ -5l t~f ~~;~ *1 ~Q2' G~.'~' ~~xc ~ ~ + a ~ ~ Sn ~ a t .q J G'~ .. ~ ;]r ~ Est r •o ~ ~~ ~ ~-, i ~ ~ N I~7 VJ' c~ ~' ~ tc~n ~° ~ ~C ~ ~~ ,, o~ ~ ~ ~ ~ ' 4 ~ t „ W #. ~ ~ nor p7a ~n + c~ ~ 7a C 'x7 ~ ~O~ ` a ~ 3 Oa ~ b~ p> ~ b S. ~ ,~,~ ~-. o ~ ~. a~ ~ ~ as ,, ~ ~ .< ~ o ~ c ~ c- ~ ~ ~ a g a~ z ~ °~ ~. °». < ~ '' ~ "gyp ` ~ ~ ~ ""~ ~'+ a ~ Y A "' z "~ G ~ ,,, ' ~ c ~ r a ~ A. s D' ~k7 ~~~ ~ ~ ~ ~ `C ~~~~~ W ~~ ~ ~ i I , /~J ~~pp d } l.L C- ~ p 1 RORa D".C' M ~ ~ 4 Is ~ kLf »~ ~~ ~ "'1U~ ~ d op O ~ ~~ x ~f ~.~ ~ f 9 4 ~' 9 ~~ ~~ t ~ 9 ~. _~ ti { yy ~ ~S~R ti ~m~` ~Y~4 `~ ~ t°w w ~;~ ~ u 3 ~ $Q~~1 ~' ~ ~~i+Ti~~.'7i ~~ Qd~ y1t QZ ~ (9 _ S7 . ~ ~I ~ ~~ ~ b ~~5..,_,qr,,..~., 3 . B ~ ~ ~ P,~ H~ ~t8K33~ ~ ~ ~ a'~ O~ A ro {]. 1N/i CL T~a~ O ~ ~ S ~ ~ "~' ss n n~ca. ~~ ~ ~ ~~~ ~ o ~ a~,~ u ~ ~n or °~ 3 a a SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff i 11-F r411,A Jody S Smith t 113 APi7 -2 Chief Deputy Richard W Stewart EUMERL ND Cov 4pr Solicitor c t r r at PENNS YLV tmjI , PHH Mortgage Corporation Case Number v8. 2008-7449 Robert C Townsley(et al.) SHERIFF'S RETURN OF SERVICE 09/26/2012 12:47 PM-Deputy William Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 28 Middle Spring Road, Southampton Twp, Shippensburg, PA 17257, Cumberland County. 09/26/2012 02:21 PM-Deputy William Cline, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Dawn M Townsley at 28 Middle Spring Road, Southampton Twp, Shippensburg, PA 17257, Cumberland County, 09/26/2012 02:21 PM-Deputy William Cline, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Dawn Townsley,Wife, who accepted as"Adult Person in Charge"far Robert C Townsley at 28 Middle Spring Road, Southampton Twp, Shippensburg, PA 17257, Cumberland County. 12/05/2012 As directed by Daniel Schmieg,Attorney for the Plaintiff, Sheriffs Sale Continued to 2/6/2013 02/05/2013 As directed by Daniel Schmieg,Attorney for the Plaintiff, Sheriffs Sale Continued to 4/3/2013 03/28/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned"stayed", per letter of instruction from Attorney. SHERIFF COST: $838.31 SO ANSWERS, r" March 28, 2013 RbNW R ANDERSON, SHERIFF e3 5� ;cj CcuntySOtp.Sheriff.7pfnos�ft,Inc. I PHH MORTGAGE CORPORATION,F/K/A CENDANT : COURT OF COMMON PLEAS MORTGAGE CORPORATION Plaintiff • CIVIL DIVISION V. NO.: 08-7449-CIVIL TERM ROBERT C. TOWNSLEY DAWN M. TOWNSLEY CUMBERLAND COUNTY Defendant(s) PUS# 187791 AFFIDAVIT PURSUANT TO RULE 3129.1 PHH MORTGAGE CORPORATION,F/K/A CENDANT 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 28 MIDDLE SPRING ROAD,SHIPPENSBURG,PA 17257-8609. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained,please so indicate) ROBERT C.TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG,PA 1725748609 DAWN M.TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG,PA 17257-8609 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) COMMONWEALTH OF PA DEPT.OF P.O.BOX 280948 REVENUE BUREAU OF COMPLIANCE HARRISBURG,PA 17128-0448 COMMONWEALTH OF PA DEPT.OF P.O.BOX 280946 REVENUE BUREAU OF COMPLIANCE HARRISBURG,PA 17128-0946 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) CUMBERLAND-FRANKLIN JOINT 725 MUNICIPAL DRIVE MUNICIPAL AUTHORITY SHIPPENSBURG,PA 17257 CUMBERLAND-FRANKLIN JOINT 28 S PITT STREET MUNICIPAL.AUTHORITY CARLISLE,PA 17013 C/O RICHARD KOCH,ESQ. CUMBERLAND-FRANKLIN JOINT 6 CLOUSER ROAD MUNICIPAL AUTHORITY MECHANICSBURG,PA 17055 C/O RICHARD KOCH,ESQ. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 28 MIDDLE SPRING ROAD SHIPPENSBURG,PA 17257-8609 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 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING 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 unworn falsification to authorities. Date: S154r"--- Phelan Ili &Sc mieg,LLP Allison F. Wells,Esq.,Id.No.309519 Attorney for Plaintiff PHH MORTGAGE CORPORATION, F/K/A CENDANT COURT OF COMMON PLEAS MORTGAGE CORPORATION CIVIL DIVISION Plaintiff NO.: 08-7449-CIVIL TERM VS. ROBERT C. TOWNSLEY CUMBERLAND COUNTY DAWN M.TOWNSLEY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ROBERT C.TOWNSLEY DAWN M. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG,PA 17257-8609 "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 28 MIDDLE SPRING ROAD,SHIPPENSBURG,PA 17257-8609 is scheduled to be sold at the Sheriff's Sale on 12/05/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street,Carlisle,PA 17013 to enforce the court judgment of$132,662.28 obtained by PHH MORTGAGE CORPORATION,F/K/A CENDANT 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.) J 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. 08-7449-CIVIL TERM PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION VS. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY owner(s) of property situate in the SOUTHAMPTON TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 28 MIDDLE SPRING ROAD, SHIPPENSBURG,PA 17257-8609 Parcel No. 39-30-2574-020 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $132,662.28 Phelan Rallinan&Schmieg,LLP Attorney for Plaintiff 1617 JFK Boulevard,Suite 1400 Philadelphia,PA 19103 215-563-7000 LEGAL DESCRIPTION ALL the following described real estate lying and being situate in Southampton Township, Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING in Legislative Route LR 21047 being also known as Middle Spring Road, at a point 120.05 feet northwest of the northwesterly corner of lands now or formerly of Elmer M. Ott, said point also being the northeasterly corner of Lot 5 of the hereinafter referred to subdivision; thence along the southerly line of Lot 5, South 57 degrees 33 minutes 00 seconds West 202.54 feet to a point along lands of David Blank; thence along lands now or formerly of David Blank, North 32 degrees 27 minutes 00 seconds West, 240 feet to a point being the Northwest corner of Lot 4; thence North 57 degrees 33 minutes 00 seconds East, 206.61 feet along lands now or formerly of David Blank to a point in Legislative Route LR 21047; thence in Legislative Route 21047, South 31 degrees 28 minutes 35 seconds East 240.04 feet to the place of BEGINNING. CONTAINING 1.127 acres and being Lots #4 & 5 of a subdivision plane entitled, 'Middle Spring Subdivision',prepared by Martin and Martin Incorporated, and dated July, 1979, revised December 20, 1979, and February 12, 1980, as recorded in the Cumberland County Deed Book Volume 37 page 108. Excepting and reserving 'Parcel A' as shown on subdivision plan recorded in Plan Book 64 Page 118. TITLE TO SAID PREMISES IS VESTED IN Robert C. Townsley and Dawn M. Townsley,h/w, by Deed from Marvin B. Sensenig and Lydia M. Sensenig,h/w, dated 12/19/2000, recorded 12/28/2000 in Book 236, Page 896. PREMISES BEING: 28 MIDDLE SPRING ROAD,SHIPPENSBURG,PA 17257-8609 PARCEL NO. 39-30-2574-020 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 08-7449 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION,F/K/A CENDANT MORTGAGE CORPORATION Plaintiff(s) From ROBERT C.TOWNSLEY,DAWN M.TOWNSLEY (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 gamishee(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: $132,662.28 L.L.: Interest Atty's Comm: % Due Prothy:$2.25 Atty Paid: $4340.S4 Other Costs: Plaintiff Paid: Date: 8/31/12 David D.Buell,Prothonotary (Seal) C") Deputy REQUESTING PARTY: Name: ALLISON F.WELLS,ESQUIRE Address:PHELAN HALLINAN& SCHMIEG,LLP 1617 JFK BOULEVARD,SUITE 1400 PHILADELPHIA,PA 19103 Attorney for: PLAINTIFF Telephone:215-563-7000 TRUE COPY FROM RECORD In Testimony whereof,I here unto set my hand Supreme Court ID No.309519 and-theAqeal of said LCOUat Carlisle,Pa This g� day of 20 rothon 0 tary On September 5, 2012 the S I, Jeivj_ . u ;he defendant's irvterest i t the veo�, ty site: Sc utha,m ton To a P a nd n u mre ' 17257-96,09 fully scfi , on x o .t "'A"' �th s writ and by this rep m . . min. Date. September 5, 2012 By: � Claudia Brewakeer, Reatfstaite.Coor4kWor j 13H ", CUMBERLAND LAW JOURNAL Writ No.2008-7449 Civil Term PHH MORTGAGE CORPORATION VS. ROBERT C.TOWNSLEY Dawn M.Townsley Atty.:Daniel Schmieg By virtue of a Writ of Execution NO. 08-7449-CIVIL TERM, PHH MORTGAGE CORPORATION, FIXIA CENDANT MORTGAGE CORPORA- TION vs. ROBERT C. TOWNSLEY, DAWN M. TOWNSLEY, owner(s) of property situate in the SOUTH- AMPTON TOWNSHIP, Cumberland County, Pennsylvania, being 28 MIDDLE SPRING ROAD,SFHPPENS- BURG, PA 17257-8609 Parcel No. 39-30-2574-020. Improvements thereon:RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT:$132,662- .28. 92 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: October 26, November 2 and November 9, 2012 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal,a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement,and that all allegations in the foregoing statements as to time,place and character of publication are true. L sa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 9 day of November 2012 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriot-News Co. 2020 Technology Pkwy Zhe atr1*otwXews Suite 300 Mechanicsburg, PA 17050 NOW you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE 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 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 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/Community Weekly 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 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: 10/26/12 11/02/12 p 11/09/12 �. s lIp By*1W 0(a Wik Of Em=icm NO. . . . . . 08-741 / 1'HH MORh¢q ' 'MOF=ArE ON, Sworn to ar1d subscribed b for a this 1 Slay of November, 20{12 A.D. CDRPORQM ROBERT CqQWN"y � s)afpraperty> �tk Notary Public CmbedWCmdy '' I bV iM tM3WUS74104 . COMMONWEALTH OF PENNSYLVANIA iT257 86py 1 Notarial Seal 'atk6ese) Sherrie i, Owens,Notary Public 9 RP.RIDENt1AL Lower Paxton Twp.,Dauphin County DWEILUNG i My Commission Expires Nov.26,2015 JUDG AH OUN11$132,662.28 MEMF.FR,PrNNSYLWV11F.ASSOCIATION OF NOTARIES c Phelan Hallinan,LLP � Uld 20 AttJ ey For Plaintiff 1617 JFK Boulevard,Suite 1400 CUMBERLAND CORTI One Penn Center Plaza pdiSY1-V �d��'' Philadelphia,PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division vs CUMBERLAND County ROBERT C.TOWNSLEY DAWN M.TOWNSLEY No.08-7449-CIVIL TERM Defendant PRAECIPE TO THE PROTHONOTARY: ❑ Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. ❑ 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 Yaca the Judgment entered. Date: P#eushy'ood,AN,LLP B M Esq.,Id. No.310592 for Plaintiff PHS# 187791 OLOJ d -� 3� s4p/ Phelan Hallinan,LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1.400 One Penn Center Plaza Philadelphia,PA 191.03 215-563-7000 PHH MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County ROBERT C. TOWNSLEY No. 08-7449-CIVIL TERM DAWN M. TOWNSLEY Defendant PHS# 1.87791 CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was'served by regular mail to the person(s) on the date listed below: ROBERT C.TOWNSLEY DAWN M. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSB RG,fPA 17257-8609 Date: ty: AN,LLP hw od,Es q.,Id. No.310592 for Plaintiff