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HomeMy WebLinkAbout09-04254 1b Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 194692 PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM V. Plaintiff p G, NO. G am CUMBERLAND COUNTY MICHAEL T. PANDOLFI JULIE K. PANDOLFI 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET MECHANICSBURG, PA 17050-2319 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 194692 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 File #: 194692 1. Plaintiff is PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: MICHAEL T. PANDOLFI JULIE K. PANDOLFI 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET MECHANICSBURG, PA 17050-2319 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/14/1993 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1127, Page 1. 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(8); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 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 #: 194692 6 The following amounts are due on the mortgage: Principal Balance $52,318.08 Interest $3,465.74 04/01/2008 through 01/23/2009 (Per Diem $11.63) Attorney's Fees $1,300.00 Cumulative Late Charges $242.30 04/14/1993 to 01/23/2009 Cost of Suit and Title Search 750.00 Subtotal $58,076.12 Escrow Credit $0.00 Deficit $295.75 Subtotal 295.75 TOTAL $58,371.87 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 nersonam 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 #: 194692 9. 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 $58,371.87, together with interest from 01/23/2009 at the rate of $11.63 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 HALLINAIN & ,W"IEG, LLP By: J ! awrence T. Phelan, Esquire Francis S. Hallinan, Esquire Z14 QX 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 J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Attorneys for Plaintiff File #: 194692 Y • i LEGAL DESCRIPTION ALL THAT CERTAIN house and lot of ground situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the Southern line of a fifty (50) foot Street, said point being two hundred seventy-two and twenty-five hundredths (272.25) feet measured along the southern line of said fifty (50) foot Street, westwardly from the center line of Township Route No. 596; thence southwardly along lands now or formerly of Bruce C. Mellinger and parallel with an intersecting fifty (50) foot right-of-way, a distance of one hundred ninety-one and twenty-five hundredths (191.25) feet to a point; thence westwardly on a line parallel with the first mentioned fifty (50) foot street, a distance of sixty-eight and six hundredths (68.06) feet to a point at lands of Chester L. Richwine and Marilyn H. Richwine, his wife; thence northwardly along said Richwine lands on a line parallel with said intersecting fifty (50) foot right-of-way, a distance of one hundred ninety-one and twenty-five hundredths (191.25) feet to the first mentioned fifty (50) foot street; thence eastwardly along said fifty (50) foot street, a distance of sixty-eight and six hundredths (68.06) feet to a point, the place of BEGINNING. BEING Lot 1-A in Mellwood Development, said lot being a part of Lots Nos. 3, 4 and 5 as shown on the Plan of Mellwood Farm, recorded in the Cumberland County Recorder's Office in Plan Book 4, Page 18. HAVING thereon erected a single dwelling house. BEING THE SAME PREMISES which Michael T. Pandolfi and Julie Pandolfi, husband and wife, by their deed dated March 3, 1995 and recorded September 25, 1995 in the Cumberland County Office of the Recorder of Deeds in Deed Book 128, Page 727 granted and conveyed to Michael T. Pandolfi. PREMISES: 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET PARCEL#: 38-18-1328-050 File #: 194692 i 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 fo Plaintiff tZ4 9x DATE: n Q e CS ' r V s C.J w 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 PHH US MORTGAGE CORPORATION Plaintiff VS. MICHAEL T. PANDOLFI JULIE K. PANDOLFI Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-425-CIVIL CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Hallinan & Schm}gg, LLP W for Plaintiff By. Date: 2/19/09 PHS #: 194692 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 PHH US MORTGAGE CORPORATION Plaintiff VS. MICHAEL T. PANDOLFI JULIE K. PANDOLFI Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-425-CIVIL CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiffs Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: MICHAEL T. PANDOLFI 3 MELWOOD STREET MECHANICSBURG, PA 17050-2319 JULIE K. PANDOLFI 3 MELWOOD STREET MECHANICSBURG, PA 17050-2319 By; Hallinan & Sc i w for Plaintiff Esquire LLP Date: 2/19/09 VERIFICATION /1' ra J `d I n hereby states that he/she is v ICS P (t of PHH MORTGAGE CORPORATION, servicing agent for Plaintiff, PHH MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION, in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unworn falsification to authorities G Name: a C' I'n ku DATE: Zoo TitleNku PfQs'6D'0A Company: PHH MORTGAGE CORPORATION Loan:0003682143 File #: 194692 r-a r r - 7 SHERIFF'S RETURN - NOT FOUND CASE NO: 2009-00425 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS PANDOLFI MICHAEL T ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT unable to locate Him in his bailiwick. ATnrP T r V COMPLAINT IN MORTGAGE FORECLOSURE but was He therefore returns the NOT FOUND , as to the within named DEFENDANT , PANDOLFI MICHAEL T 3 MELLWOOD LANE MECHANICSBURG, PA 17050-2319 DEFENDANT DOES NOT RESIDE AT ADDRESS PROVIDED, NEW RESIDENT. Sheriff's Costs: So answers: 18.00 Docketing ?-- --? Service 13.50 Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County NOT FOUND RETURN 5.00 46.50 PHELAN, HALLINAN & SCHMIEG 02/17/2009 Sworn and Subscribed to before me this day of A. D. `?' ?: u-? -,,- '' ? s?- _ ;_ -=;t: c " ° .. +; t r^? ?;- ?? ?j:?. .--? L?.' t.w-? .. ? u^ .r- - LL- - ? t- CY`' ? ? L'? Gam`.-_', C,,7 SHERIFF'S RETURN - NOT FOUND CASE NO: 2009-00425 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS PANDOLFI MICHAEL T ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT PANDOLFI JULIE K but was unable to locate Her in his bailiwick. He therefore returns the NOTICE , COMPLAINT IN MORTGAGE FORECLOSURE NOT FOUND , as to the within named DEFENDANT PANDOLFI JULIE K 3 MELLWOOD LANE MECHANICSBURG, PA 17050-2319 DEFENDANT DOES NOT RESIDE AT ADDRESS PROVIDED, NEW RESIDENT. Sheriff's Costs: So answer - Docketing 6.00 Service .00 -` NOT FOUND RETURN 5.00 o s Kline Surcharge 10.00 Sheriff of Cumberland County .00 21.00 PHELAN, HALLINAN & SCHMIEG 02/17/2009 Sworn and Subscribed to before me this day of , A. D. >-- c:?7 ?_ +-- > ???`- ._. . ?: ?_, ', ? ?; a. - L r -? : r-- u-- ._ c= _ ? ? } ? SHERIFF'S RETURN - NOT FOUND CASE NO: 2009-00425 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS PANDOLFI MICHAEL T ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT PANDOLFI MICHAEL T but was unable to locate Him in his bailiwick. He therefore returns the NOTICE COMPLAINT IN MORTGAGE FORECLOSURE the within named DEFENDANT 12 RICHLAND LANE APT B NOT FOUND , as to PANDOLFI MICHAEL T CAMP HILL, PA 17011 DEFENDANT DOES NOT RESIDE AT ADDRESS PROVIDED, MOVED IN OCTOBER 2004. Sheriff's Costs: So answers - Docketing 6.00 Service 9.00 Affidavit .00 R. Thoma -Kline Surcharge 10.00 Sheriff of Cumberland County NOT FOUND RETURN 5.00 30.00 PHELAN, HALLINAN & SCHMIEG 02/17/2009 Sworn and Subscribed to before me this day of , A. D. f ? t U t!j CV ?? SHERIFF'S RETURN - NOT FOUND CASE NO: 2009-00425 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS PANDOLFI MICHAEL T ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT PANDOLFI JULIE K but was unable to locate Her in his bailiwick. He therefore returns the NOTICE COMPLAINT IN MORTGAGE FORECLOSURE NOT FOUND , as to the within named DEFENDANT 12 RICHLAND LANE APT B PANDOLFI JULIE K CAMP HILL, PA 17011 DEFENDANT DOES NOT RESIDE AT ADDRESS PROVIDED, MOVED IN OCTOBER 2004. Sheriff's Costs: So answers: Docketing 6.00 NOT FOUND RETURN 5.00 Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County 21.00 PHELAN, HALLINAN & SCHMIEG 02/17/2009 Sworn and Subscribed to before me this day of A. D. a_ ?- '??a ?` Lt,7f` tr ? . ;', - ? _. . ? (?! t , ? J __ 'l ?_ L? ?? r Y ?. ? ^? ' ?y ..3 r," <.) SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2009-00425 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS PANDOLFI MICHAEL T 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: PANDOLFI MICHAEL T but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within NOTICE/COMPLAINT MORT FOR On February 17th , 2009 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So am Docketing 6.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline DEP. DAUPHIN 60.50 Sheriff of Cumberland County .00 85.50 01/29/2009 PHELAN, HALLINAN & SCHMIEG Sworn and subscribe to before me this day of A. D. --, - tJ- c? w Ff7 i. - N SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2009-00425 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS PANDOLFI MICHAEL T ET AL R. Thomas Kline .00 16.00 02/17/2009 PHELAN, HALLINAN & SCHMIEG duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT TIT TTTIl1T L+T TTTT TLS V to wit: but was unable to locate Her deputized the sheriff of DAUPHIN serve the within NOTICE/COMPLAINT MORT FOR County, Pennsylvania, to On February 17th , 2009 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Sworn and subscribe to before me this day of Sheriff or Deputy Sheriff who being in his bailiwick. He therefore So answers: 6.00 .00 ?? 10.00 R. Thomas Kline .00 Sheriff of Cumberland County A. D. cz: t u `- - - - f\! ?j L I co U In The Court of Common ]Pleas of-Cumberland. County, Pennsylvania- PM Mortgage Corporation vs. Michael T. Pandolfi et al No. 09-425 civil SERVE: Micheal T. Pandolfi January 29, 2009 Now, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of.Semee Now, , 20 at o'clock Nt served the within upon at by handing to - a and made .known to So answers, the conents thereof. Sheriff of County, PA COSTS Sworn and subscribed before SERVICE $ me this day of , 20 . MILEAGE AFFIDAVIT copy of the original _ of#ite coif the C*4erf.ff Mary J e Sender Estate ly William T. Tully Solicitor f Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Charles E. Sheaffer Chief Deputy Mi ftel W. Rine nt Chihart dlssiataef Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin PHH MORTGAGE CORPORATION VS MICHAEL T PANDOLF'I Sheriffs Return No. 2009-T-0237 OTHER COUNTY NO. 09425 CIVIL I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for JULIE K PANDOLFI thje DEFENDANT named in the within COMPLAINT IN MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, FEBRUARY 5, 2009. PER LARRY WADE JR. RESIDENT FOR 1 MONTH DOES NOT KNOW DEFT Sworn and subscribed to before me this 6TH day of February, 2009 NMA JAI SEAL ` Y JANE SNYDER, Notary Publi Highspire, Dauphin County M Commission Ex ins 1 2 010 Deputy Sheriff Deputy: S REED Sheriffs Costs: $60.5 2/3/7009 So Answers, Sheriff of Daup ' unty Pa. . By I to Mar&J eDSnn& Charles E. Sheaffer Estate ep, Chief Deputy William T. Tully Mi ftll tW ., tehart Solicitor Ak 0 Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania PHH MORTGAGE CORPORATION VS County of Dauphin MICHAEL T PANDOLFI Sheriff s Return No. 2009-T-0237 OTHER COUNTY NO. 09425 CIVIL I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, db hereby certify and return, that I made diligent search and inquiry for MICHAEL T PANDOLFI the DEFENDANT named in the within COMPLAINT IN MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, FEBRUARY 5, 2009. PER LARRY WADE JR. RESIDENT FOR 1 MONTH DOES NOT KNOW DEFT Sworn and subscribed to before me this 6TH day of February, 2009 So Answers, AA?W ECo fA ALE EAL .r NANE SNYDER, Notary Publi ghspire, Dauphin County mmissi ires 1 2010 Sheriff of Dau Coun By Deputy Sheriff Deputy: S REED Sheriffs Costs: $60.5 2/3/2009 11 BLED-OO -PCE ., . Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION Plaintiff vs. MICHAEL T. PANDOLFI JULIE K. PANDOLFI Defendants CUPS {{E '?`{' COUNTY PENNSYLVANIA ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL, DIVISION CUMBERLAND COUNTY No. 09-425-CIVIL PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE ?kt4 1C6?1?? ` tT i0 TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. HALLINAN/;k SCHMIEG, LLP By: LJ L4 ence T. Phelan, E4, Id. No. 32227 ? F cis S. Hallinan, E s4., Id. No. 62695 ? Da iel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 V dith T. Romano, Esq., Id. No. 58745 eetal R. Shah-Jani, Esq., Id. No. 81760 nine 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 Attorneys for Plaintiff Date: September 10, 2010 /hzc, Svc Dept. File# 194692 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson ~- ~ -, ~ T~ ~ F ©l~"F~(l~ 01~ Zr Sheriff ~~ ~ «~~ ~ r~ , ~~~~~~ a~~~~~ ~ Jody S Smith ~~ 2~ t fi (~~'j ~ i~ ~~ ~ ~ : ~' Chief Deputy ~' ~4~c ~"`~ ~?~ ,,~~~~, _-•~~lBERL.~ PAL? ~~tli'~~'~' Richard W Stewart '~~ Solicitor c~FF~cscFT~ES~~RIFF ~'~Pd~j +~~4~~~~~~ PHH Mortgage Corporation vs. Michael T. Pandolfi (et al.) Case Number 2009-425 SHERIFF'S RETURN OF SERVICE 09/21/2010 07:55 PM -Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on September 21, 2010 at 1955 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Michael T. Pandolfi, by making known unto himself personally, at 3 Mellwood Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. TIM CK, DEPUTY 10/12/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Julie Kay Pandolfi, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Julie Kay Pandolfi. Michael T. Pandolfi advised Deputies, Julie Kay Pandolfi no longer resides at 3 Metlwood Lane, Mechanicsburg, PA 17050. To date The Mechanicsburg Postmaster has been unable to provide a good forwarding address for Julie Kay Pandolfi. SHERIFF COST: $58.00 October 12, 2010 SO ANSWERS, •.~ G~-• C~ -~-- RON R ANDERSON, SHERIFF {c) CountySuite Sheriff. TeleosoR. Inc. Phelan Hallinan & Schmieg, LLP - , Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760, Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P: Fliakos, Esq., Id. No. 94620 Joshua L Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JPK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION Plaintiff vs. MICHAEL T PANDOLFI JULIE K. PA.NDOLFI Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY No. 09-425-CIVIL PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE 'J?U 00 ?v 01? t2? TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN H AN SCHMIEG, LLP By: ? Lawr nc elan; 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 Sheet 1 R. Shah-Jani, Esq., Id. No. 81760 Je ne R. Davey, Esq., Id. No. 87077 E]Xauren 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 F-I Joshua L Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq. Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff Date: November 9, 2010 /krh, Svc Dept. File# 194692 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 7 !7 r,,,F M w R'i (_q ?' r PHH Mortgage Corporation vs. Michael T. Pandolfi (et al.) Case Number 2009-425 SHERIFF'S RETURN OF SERVICE 11/15/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Julie Kay Pandolfi, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 11/19/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Julie Kay Pandolfi, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Julie Kay Pandolfi. The Long Meadow Apartment Complex's Leasing Office advised Deputies, Julie Kay Pandolfi moved from 12 Richland Lane, Apartment B, Camp Hill, PA in 2004. 11/30/2010 Dauphin County Return: And now, November 30, 2010 I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Julie Kay Pandolfi the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find her in the County of Dauphin and therefore return same NOT FOUND. Request for service at 104 Hamilton Street, Apartment A17, Harrisburg, Pennsylvania 17102 the defendant was not found. SHERIFF COST: $61.50 December 06, 2010 SO ANSWERS, RONNY R ANDERSON. SHERIFF 1ije.f of the *her-f William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin PHH MORTGAGE CORPORATION VS JULIE KAY PANDOLFI Sheriff s Return No. 2010-T-3496 OTHER COUNTY NO. 2009425 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for JULIE KAY PANDOLFI the DEFENDANT named in the within COMPLAINT IN MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, NOVEMBER 30, 2010. AS PER LARRY WADE, TENANT AT 104 HAMILTON STREET, APT A17, HARRISBURG, SINCE 2008 DOES NOT KNOW DEFT Sworn and subscribed to before me this 1 ST day of December, 2010 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County M Commission Expires August 17, 2014 So Answers, Alc- Sheriff ouhin CoUV; By ifff?? ?? Deputy Sheriff Deputy: T WONG Sheriffs Costs: $41.25 11/17/2010 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION VS. MICHAEL T. PANDOLFI JULIE K. PANDOLFI Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 09-425-CIVIL MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT ri 1 ::7- _;0 c, Plaintiff, by its counsel, Phelan Hallinan & Schmieg, L.L.P., moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant, JULIE K. PANDOLFI, by first class mail to the last known address, 104 HAMILTON STREET, APARTMENT A17, HARRISBURG, PA 17102, and the mortgaged premises, 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET, MECHANICSBURG, PA 17050-2319; posting of the mortgaged premises, 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET, MECHANICSBURG, PA 17050-2319; and publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: 1. Attempts to serve Defendant, JULIE K. PANDOLFI, personally with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET, MECHANICSBURG, PA 17050-2319. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", no service was made as Defendant does not currently reside at residence. 2. The Sheriff of Dauphin County attempted to serve the Defendant at the last known address, 104 HAMILTON STREET, APARTMENT A17, HARRISBURG, PA 17102. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "B", no service was made as there was no response. 3 3. The Sheriff of Cumberland County attempted to serve the Defendant at the last known address, 12 RICHLAND LANE, APARTMENT B, CAMP HILL, PA 17011. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "C", no service was made as Defendant does not currently reside at said address. 4. Pursuant to Pa. R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "D". 5. Plaintiff contacted the Prothontary's Office and as of January 28, 2011, no Judge has previously entered a ruling in this case. 6. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on January 20, 2010 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiffs letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "E". 7. Plaintiff submits that it has made a good faith effort to locate the Defendant, JULIE K. PANDOLFI, but has been unable to do so. 4 WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail; posting; and by publication. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: January 28, 2011 La tri'n, 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 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Allison F. Wells, Esq., Id. No. 309519 Attorneys for Plaintiff 5 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION COURT OF COMMON PLEAS CIVIL DIVISION VS. CUMBERLAND COUNTY MICHAEL T. PANDOLFI NO. 09-425-CIVIL JULIE K. PANDOLFI MEMORANDUM OF LAW 1. FACTUAL BACKGROUND Attempts to serve Defendant, JULIE K. PANDOLFI, with the Complaint have been unsuccessful. The Sheriff of Cumberland County and the Sheriff of Dauphin County attempted to serve the Defendant at the mortgaged premises, 3 MELWOOD STREET, A/K/A 3 MELLWOOD STREET MECHANICSBURG, PA 17050-2319 and last known address, 104 HAMILTON STREET, APARTMENT A17, HARRISBURG, PA 17102 and 12 RICHLAND LANE, APARTMENT B, CAMP HILL, PA 17011. As indicated by the Return of Service attached hereto as Exhibits "A", "B" and C", no service was made. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An affidavit of due diligence setting forth the specific inquiries as to the Defendant's whereabouts and the results thereof is attached hereto as Exhibit "D". Consequently, Plaintiff submits that it has made a good faith effort to locate the :Defendant but has been unable to do so. 6 II. LEGAL AUTHORITY Pennsylvania Rule of Civil Procedure 430(a) specifically states: If service cannot be made under the applicable rule, the plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Pa.R.C.P. 430(a) (2009). In particular: An illustration of a good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends, and employers of the defendant, and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. Id. at 430(a) n. Similarly, the Pennsylvania Superior Court has gone on to explain that, "While by no means exhaustive, this Note is at least indicative of the types of procedures contemplated by the legislature when enacting Rule 430." Deer Park Lumber, Inc. v. Major, 384 Pa. Super. 625, 633, 559 A.2d 941, 946 (1989), appeal denied, 525 Pa. 582, 575 A.2d 113 (1990). Only after such proof has been offered is the Court authorized to direct another method of substitute service. See id. In the instant case, as indicated by the attached Returns of Service, attached hereto and marked as Exhibits "A", "B", and "C", the Sheriff of Cumberland County and the Sheriff of Dauphin County have been unable to serve the Complaint. Plaintiff has made a good faith effort to discover the whereabouts of the Defendant as evidenced by the attached affidavit of due diligence, marked as Exhibit "D". Therefore, Plaintiff respectfully requests an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail, posting, and publication. 7 III. CONCLUSION As indicated by the Returns of Service, the Sheriff of Cumberland County and the Sheriff of Dauphin County have been unable to serve the Complaint upon the Defendant. Plaintiff has made a good faith effort to discover the whereabouts of the Defendant as evidenced by its affidavit of due diligence. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail, publication, and posting. Respectfully submitted, PHELAN HALLINA_ N-& SCIB4IEG, LLP Date: January 28, 2011 La ie an, Efq., Id. No. 32227 rancis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No.. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Alison F. Wells, Esq., Id. No. 309519 Attorneys for Plaintiff 8 Exhibit "A" 13 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff a??tp of ??t>n6rx? Jody S Smith co jW Chief Deputy Richard W Stewart x. Solicitor OFFICE OF THE WERIFF PHH Mortgage Corporation VS. Case Number . Michael T. Pandolfi (et al.) 2009-425 SHERIFF'S RETURN OF SERVICE 09/21/2010 07:55 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on September 21, 2010 at 1955 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Michael T. Pandolfi, by making known unto himself personally, at 3 Mellwood Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. TIM CK, DEPUTY 10/12/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Julie Kay Pandolfi, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Julie Kay Pandolfi. Michael T. Pandolfi advised Deputies, Julie Kay Pandolfi- no longer resides at 3 Mellwood Lane, Mechanicsburg, PA 17050. To date The Mechanicsburg Postmaster has been unable to provide a good forwarding address for Julie Kay Pandolfi. SHERIFF COST: $58.00 SO ANSWERS, 71 October 12, 2010 RON R ANDERSON, SHERIFF ray cl?c?- (c) CoiniySuile Sheriff. Teleosofl, Mr. y $,0, Exhibit "B" 14 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor v?r",tr at exurl 4ptt PHH Mortgage Corporation vs. Case Number Michael T. Pandolf (et al.) 2009-425 SHERIFF'S RETURN OF SERVICE 11/15/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Julie Kay Pandolfi, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 11/19/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Julie Kay Pandolfi, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Julie Kay Pandolfi. The Long Meadow Apartment Complex's Leasing Office advised Deputies, Julie Kay Pandolfi moved from 12 Richland Lane, Apartment B, Camp Hill, PA in 2004. 11/30/2010 Dauphin County Return: And now, November 30, 2010 I, Jack Lotwick„ Sheriff of Dauphin County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Julie Kay Pandolfi the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find her in the County of Dauphin and therefore return same NOT FOUND. Request for service at 104 Hamilton Street, Apartment A17, Harrisburg, Pennsylvania 17102 the defendant was not found. SHERIFF COST: $61.50 December 06, 2010 SO ANSWERS, RONR? R ANDERSON, SHERIFF (oj Couniy$uite Shenif, Teleosci7. I,?. Exhibit "C" 15 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor b r Y'?" W `?Y OF FCE OF 'k*E PHH Mortgage. Corporation vs. Case Number Michael T. Pandolfi (et al.) 2009-425 SHERIFF'S RETURN OF SERVICE 11/15/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Julie Kay Pandolfi„ but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Dauphin County, PA to serve the within Complaint In Mortgage foreclosure according to law. 11/19/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Julie Kay Pandolfi, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Julie Kay Pandolfi. The Long Meadow Apartment Complex's Leasing Office advised Deputies, Julie Kay Pandolf moved from 12 Richland Lane, Apartment B, Camp Hill, PA in 2004. 11/30/2010 Dauphin County Return: And now, November 30, 2010 I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Julie Kay Pandolfi the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find her in the County of Dauphin and therefore return same NOT FOUND. Request for service at 104 Hamilton Street, Apartment A17, Harrisburg, Pennsylvania 17102 the defendant was not found. SHERIFF COST: $61.50 December 06, 2010 &q a- SO ANSWERS, 9RONR-ANDERSON, SHERIFF (r.) Ca'N.YSuite ShemT. Teleoscl. Irr. Exhibit "D" 16 AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 194692 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Michael T. Pandolfi & Julie K. Pandolfi Current Address: 3 Melwood Street, Mechanicsburg, PA 17050 Property Address: 3 Melwood Street, Mechanicsburg, PA 17050 Mailing Address: 3 Melwood Street, Mechanicsburg, PA 1705017050 I, being duly sworn according to law, do hereby depose and state as follows, an investigation into the whereabouts of the above-noted individual(s) was conducted and the following has been discovered: 1. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Michael T. Pandolfi - xxx-xx-5501 Julie K. Pandolfi - xxx-xx-5035 B. EMPLOYMENT SEARCH Michael T. Pandolfi & Julie K. Pandolfi - A review of tl.ie credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Michael T. Pandolfi reside(s) at: 3 Melwood Lane, Mechanicsburg, PA 17050 & Julie K. Pandolfi reside(s) at: 12 Richland Lane B, Camp Hill, PA 17011. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases, which had no listing for Michael T. Pandolfi & Julie K. Pandolfi. B. On 09-08-10 our office made several telephone calls to a possible phone number of the subject(s) (717) 395-1199 and received the following information: answering machine. On 09-08-10 our office made several telephone calls to a possible phone number of the subject(s) (717) 620-8789 and received the following information: answering machine. III. INQUIRY OF NEIGHBORS On 09-08-10 our office made a phone call in an attempt to contact Chester L. Richwine (717) 766-6202,5 Melwood Lane, Mechanicsburg, PA "17050: spoke with an unidentified female who confirmed that Michael T. Pandolfi & Julie K. Pandolfi reside(s) at 3 Melwood Street, Mechanicsburg, PA 17050. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 09-08-10 we reviewed the National Address database and found the following information: Michael T. Pandolfi - 3 Melwood Lane, Silver Spring, PA 17050 & Julie K. Pandolfi -104 Hamilton Street, Apartment A17, Harrisburg, PA 17102. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. V. OTHER INQUIRIES A. DEATH RECORDS As of 09-08-10 Vital Records and all public databases have no death record on file for Michael T. Pandolfi & Julie K. Pandolfi. VI. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Michael T. Pandolfi - 06-21-1960 Julie K. Pandolfi - 06-1961 B. A.K.A. Michael R. Pandolfi Julie K. Naugle; Julie Kay Pandolfi * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unsworn falsification to authorities. r' AFFIANT ?( ?" - Sworn to and subsci ibecl? eir7te me this . clay of The above information is obtained from available public records and we are only liable for the cost of the affidavit. IND Exhibit "E" 17 PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail handel.carter@fedphe.com Handel Carter, Ext. 1548 Service Department January 20, 2011 JULIE K. PANDOLFI 3 MEL WOOD STREET AIK/A 3 MELL WOOD STREET MECHANICSBURG, PA 17050-2319 Representing Lenders in Pennsylvania and New Jersey RE: PHH MORTGAGE CORPORATION, FIK/A PHH US MORTGAGE CORPORATION vs. MICHAEL T. PANDOLFI and JULIE K. PANDOLFI Premises Address: 3 MELWOOD STREET AIK/A 3 MELLWOOD STREET, MECHANICSBURG, PA 17050-2319 Cumberland County, No. 09-425-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by January 27, 2011. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Handel Carter For Phelan Hallinan & Schmieg, LLP 12 •v, y 0 M z r N C 00 J c1 LA A W N y 3 A a c ^ ,<" * * z ^ * t? z -? •r w z d G tTj M roco x a y ? ~ ? r O ? Y h ob ? Q b R z y o d ? ? W o H ? o r rri c 0 CD co Q a a ? u ?V I N N ? O r^ o Y b ? ? z ? ?. CL = a o •o w N?(CIL o ° 7d ?! C b a o a'a?? n °° n N b 5'?c N y b O ,per ? N -"-tn4604Z c O ?O < two 8 ? ti !!•?? (p R $ N ? ? VJ G j 00 E N ? ?7 p P Er h?I ?I ~ b .. ?=4;8? N C? 7 .. at. N O p? ?+ 7 09 ? cl, Sg o ? . g ~> 0 02 1A A `n 3 0 0042 7725 ti 6 5 $ AILED FR ? o O M ZIP w c o ? 5 ' 3 ? to =.• p?1 5' o w m N ^N N ? V p G ? ? H ? 0. cr m to ~ `° CL b A cr A Ka 0 A ?7 G o' N h N b P. Q y 9UVVES s 01-260 JAN20 20 1 CODE 19103 VERIFICATION The undersigned hereby states that he/she is the Attorney for the Plaintiff in this action, that he/she is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: January 28, 2011 Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Lawrenc he an, Esq., Id. No. 32227 cis S. Hallinan, Esq., Id. No. 6269 Daniel G. Schmieg, Esq., Id. No. 62 5 Michele M. Bradford, Esq., Id. No: 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 e"Allison F. Wells, Esq., Id. No. 309519 Attorneys for Plaintiff 9 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION : Court of Common Pleas Civil Division VS. Cumberland County MICHAEL T. PANDOLFI No. 09-425-CIVIL JULIE K. PANDOLFI CERTIFICATION OF SERVICE The undersigned certifies that a copy of the Motion for Service Pursuant to Special Order of Court, Memorandum of Law, proposed Order and attached exhibits have been sent to the individual as indicated below by first class mail, postage prepaid, on the date listed below. JULIE K. PANDOLFI: 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET MECHANICSBURG, PA 17050-2319 104 HAMILTON STREET, APARTMENT A17 HARRISBURG, PA 17102 CC: MICHAEL T. PANDOLFI 10 The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. 4904 relating to un-sworn falsification to authorities. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: January 28, 2011 By: L rence T. , Id. No. 32227 Fra cis . Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Allison F. Wells, Esq., Id. No. 309519 Attorneys for Plaintiff 11 S IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION VS. MICHAEL T. PANDOLFI JULIE K. PANDOLFI Civil Division No. 09-425-CIVIL ORDER s? AND NOW, this day of LttLd 2011 upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. C7 r+s C w M = m z ;Z;o co -um tV cz) C::> ? a =%--Y css _?t rT1 _r; .r 7,C) It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, JULIE K. PANDOLFI, by: 1. Posting of the premises: 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET, MECHANICSBURG, PA 17050-2319 by the Sheriff or a non-party competent adult; 2. First class mail to JULIE K. PANDOLFI and at the last known address, 104 HAMILTON STREET, APARTMENT A17, HARRISBURG, PA 17102, and the mortgaged premises located at 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET, MECHANICSBURG, PA 17050-2319; and 3. Publication in accordance with PA. R.C.P. 430. It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to assure compliance with this court order. t4ai Id BY J Allison F.Inlelfs, -copy, u a/ I DO J Cc: JULIE K. PANDOLFI 3 MELWOOD STREET AWA 3 MELLWOOD STREET MECHANICSBURG, PA 17050-2319 JULIE K. PANDOLFI 104 HAMILTON STREET, APARTMENT A 17 HARRISBURG, PA 17102 PHS# 194692 i HZC 2 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 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 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION Plaintiff VS. MICHAEL T. PANDOLFI JULIE K. PANDOLFI Defendants r- Igr-C? r, ' ??iur r- L ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY : No. 09-425-CIVIL PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE ey P, , 0& C?lc? ICES ??? 9 A fr;'vc; s??'11 TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: February 14, 2011 PHELAN & SCHMIEG, LLP By: ? Lawrence elan, 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 ? She tal R. Shah-Tani, Esq., Id. No. 81760 VVivj ne R. Davey, Esq., Id. No. 87077 ren R.Tabas, Esq., Id. No. 93337 ek k 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 ? 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 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 Attorneys for Plaintiff /krh, Svc Dept. File# 194692 v Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION Plaintiff vs. MICHAEL T. PANDOLFI JULIE K. PANDOLFI Defendant(s) r 0. HE P OTHoNOTAR 2011FEB22 AM 10:41 PENS YLVANIA TY : COURT OF COMMON PLEAS : CIVIL DIVISION CUMBERLAND COUNTY NO. 09-425-CIVIL AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular mail to the following persons JULIE K. PANDOLFI at 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET, MECHANICSBURG, PA 17050-2319,104 HAMILTON STREET, APARTMENT A17, HARRISBURG, PA 17102on FEBRUARY 18, 2011, in accordance with the Order of Court dated FEBRUARY 1, 2011. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. & SCHMIEG, LLP ,_?rdnce T. Phelan, Esq,., Id. Na,-3227 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 7au etalR. Shah-Jani, Esq., Id. No. 81760 ne R. Davey, Esq., Id. No. 87077 ren 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 Chrisovalante P. Fliakos, :Esq., Id. No. 94620 Joshua I. Goldman, Esq., ][d. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Attorneys for Plaintiff Date: February 18, 2011 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson = ?r Sheriff r - 'D Jody S Smith ' , Chief Deputy .4- Richard W Stewart .ra Solicitor PHH Mortgage Corporation Case Number vs. Michael T. Pandolfi (et a[.) 2009-425 SHERIFF'S RETURN OF SERVICE 02/17/2011 03:48 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on February 17, 2011 at 1548 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Julie Kay Pandolfi, pursuant to order of court by posting the premises located at 3 Mellwood Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050 with a true and correct copy according to law. GERALD WORTH INGTO EPUTY SHERIFF COST: $43.00 February 22, 2011 SO ANSWERS, & '?' ? ?z ?z 21? RON R ANDERSON, SHERIFF vt X114» )RU HONOJH ? I I MAR 21 API A: J CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 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 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 ATTORNEYS FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION Plaintiff vs. : Court of Common Pleas : Civil Division : CUMBERLAND County MICHAEL T. PANDOLFI JULIE K. PANDOLFI Defendant(s) No. 09-425-CIVIL AFFIDAVIT OF SERVICE BY PUBLICATION IN ACCORDANCE WITH COURT ORDER I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated FEBRUARY 1, 2011 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(1) in the CUMBERLAND LAW JOURNAL on FEBRUARY 25, 2011 and THE SENTINEL on Februar 2y 4, 2011. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. PHELAN HAjiAN & SCHMIEG, LLP By: IUy- Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 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 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Attorneys for Plaintiff Date: March 18, 2011 PHS #: 194692 ,e , PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz February 25, 2011 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. 0 Li Marie Coyne, itor SWORN TO AND SUBSCRIBED before me this 25 day of FebruarL22011 C-- Notary i NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. 09-425-CIVIL PHH MORTGAGE CORPORATION, f/k/a PHH US MORTGAGE CORPORATION VS. MICHAEL T. PANDOLFI JULIE K. PANDOLFI NOTICE To MICHAEL T. PANDOLFI and JU- LIE K. PANDOLFI: You are hereby notified that on January 28, 2009, Plaintiff, PHH MORTGAGE CORPORATION, f/k/a PHH US MORTGAGE CORPORA- TION, filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of CUMBERLAND County Pennsylvania, docketed to No. 09-425-CIVIL. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 3 MELWOOD STREET a/k/a 3 MELLWOOD STREET, MECHANICS- BURG, PA 17050-2319 whereupon your property would be sold by the Sheriff of CUMBERLAND County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA- TION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A RE- DUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 Feb. 25 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ? PHH MORTGAGE CORPORATION, F/K/A -,p3 " --? PHH US MORTGAGE CORPORATION ? Civil Division "Urn Vs. No. 09-425-CIVIL -C? ro a° MICHAEL T. PANDOLFI b a -40 X-q JULIE K PANDOLFI zo z AND NOW, this day of rGtav' 2011 upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is harArf ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain servile of the Complaint and all future pleadings on Defendant, JULIE K PANDOLFI, by: 1. Posting of the premises: 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET, MECHAItTIC$BURG; PA -1.7050-2319 by the Sheriff or a non-party competent adult; 2. First class mail to JULIE PANDOLFI and at the.last known address, 104 HAMILTON STREET, APARTMENT A17, HARRISBURG, PA 17102, and the mortgaged premises located at 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET, MECHANICSBURG, PA 17050-2319; and 3. Publication in accordance with PA. R.C.P. 430. It is fiuther ORDERED sad DECREED'that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to assure compliance with this court order. BY L Cc: JULIE K PANDOLFI 3 MET.,WQOD STREET A/K/A 3 MELLWOOD STREET MEcHAN1CSBUR0, PA 17050-2319 JULIE K. PANDOLFI . .' ' 104 HAMILTON STREET; APARTNIENf A17 ... .. HARRISBURG, PA 17102 PHU 1s692/HZC 2 1% Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 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 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-561-7000 PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION VS. MICHAEL T. PANDOLFI JULIE K. PANDOLFI Attorney for Plaintiff C= : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-425-CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES Q'l1A?a1?.bD 1?.Q? (;ti{? IOl 5111 Q a S-7 woj?` 194692 IeA TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against MICHAEL T. PANDOLFI, and JULIE K. PANDOLFI, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $58,371.87 Interest - 01/24/2009 to 04/01/2011 $9,280.74 TOTAL $67,652.61 I hereby certify that (1) the Defendants' last known addresses are 3 MELWOOD STREET, MECHANICSBURG, PA 17050-2319, A/K/A 3, MELL WORD STREET, MECHANICSBURG, PA 17050-2319 and 104 HAMILTON STREET, APARTMENT A 17, HARRISBURG, PA 17102 (2) that notice has been given in accordance with Rule 237.1, copy attached. ? Lawrence T. elan sq., Id. No. 32227 ? Francis S. Hal , 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 [Qheetal 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 ? 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 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICAT DATE: A-.?-I ( PHS # 194692 PROTHONOTARY 194692 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 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 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION VS. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 09-425-CIVIL MICHAEL T. PANDOLFI JULIE K. PANDOLFI AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. 194692 (b) that defendant MICHAEL T. PANDOLFI is over 18 years of age and resides at 3 MELWOOD STREET, MECHANICSBURG, PA 17050-2319 and A/K/A 3, MELL WORD STREET, MECHANICSBURG, PA 17050-2319. (c) that defendant JULIE K. PANDOLFI is over 18 years of age and resides at 3 MELWOOD STREET, MECHANICSBURG, PA 17050-2319, A/K/A 3, MELL WORD STREET, MECHANICSBURG, PA 17050-2319 and 104 HAMILTON STREET, APARTMENT A 17, HARRISBURG, PA 17102. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. April 1, 2011 ? Lawrence T. el , Esq., Id. No. 32227 ? Francis S. Hal man, Esq., Id. 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 ? 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 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 Attorney for Plaintiff 194692 (Rule of Civil Procedure No. 236) - Revised PHH MORTGAGE CORPORATION, CUMBERLAND COUNTY F/K/A PHH US MORTGAGE CORPORATION COURT OF COMMON PLEAS VS. CIVIL DIVISION MICHAEL T. PANDOLFI JULIE K. PANDOLFI No. 09-425-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on q-11-11 If you have any questions concerning this matter please ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? ith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? 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 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** 194692 PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION Plaintiff V. MICHAEL T. PANDOLFI JULIE K. PANDOLFI Defendant(s) TO: JULIE K. PANDOLFI 3 MELWOOD STREET A/KIA 3 MELLWORD STREET MECHANICSBURG, PA 17050-2319 DATE OF NOTICE: March 21, 2011 COURT OF COMMON PLEAS CIVIL DIVISON NO. 09-425-CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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. PHS # 194692 Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 By: ence 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 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 20677_ Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 194692 PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION Plaintiff V. MICHAEL T. PANDOLFI JULIE K. PANDOLFI Defendant(s) TO: JULIE K. PANDOLFI 104 HAMILTON STREET, APARTMENT A 17 HARRISBURG, PA 17102 DATE OF NOTICE: March 21, 2011 COURT OF COMMON PLEAS CIVIL DIVISON NO. 09-425-CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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. PHS # 194692 Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 By: rence 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 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 20677 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 194692 PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION Plaintiff v. MICHAEL T. PANDOLFI JULIE K. PANDOLFI Defendant(s) TO: MICHAEL T. PANDOLFI 3 MELWOOD STREET A/K/A 3 MELLWORD STREET MECHANICSBURG, PA 17050-2319 DATE OF NOTICE: March 21, 2011 COURT OF COMMON PLEAS CIVIL DIVISON NO. 09-425-CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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. PHS # 194692 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: La rence 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 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 2067 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza. Philadelphia, PA 19103 PHS # 194692 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Attorney For Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION, F/K/A I : I Court of Common Pleas PHH US MORTGAGE CORPORATION Plaintiff vs MICHAEL T. PANDOLFI JULIE K. PANDOLFI Defendant : I Civil Division : CUMBERLAND County : I No. 09-425-CIVIL SUGGESTION OF RECORD CHANGE RE: DEFENDANT'S ADDRESS ON DOCKET ' TO THE PROTHONOTARY: ' r- v - s address was erroneously listed as: Defendant <> r 3 MELWOOD STREET ? CD MECHANICSBURG,PA17050-2319 v? C)Y The correct address for the Defendant is: ' 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET A/K/A 3 MELWOOD LANE A/K/A 3 MELLWOOD LANE MECHANICSBURG, PA 17050-2319 Kindly change the information on the docket. Date: April 29, 2011 PHELAN HAL AN & S MIEG, LL P By: t 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 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 Allison F. Wells, Esq., Id. No. 309519 PHS# 194692 Attorneys for Plaintiff PLAINTIFF PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION DEFENDANT MICHAEL T. PANDOLFI JULIE K. PANDOLFI PHS # 194692 SERVICE TEAM/ kxc COURT NO.: 09-425-CIVIL SERVE MICHAEL T. PANDOLFI AT: TYPE OF ACTION 3 MELWOOD STREET XX Notice of Sheriffs Sale MECHANICSBURG, PA 17050-2319 SALE DATE: 09/07/2011 C SERVED Served and made known to MICHAEL T. PANDOLFI , Defendant on the ? day of AA-4-1-, , at.- a:52 , oclock P. M., at 3 A4ELwoen:2., MEcto.ttestgu A, in the manner described below: N ? Defendant personally served. t- Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. S7- W Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age ? Height CJ'10 ' Weight IQ 0 Race !? Sex Other 1, ICpMfib ?Q V(? a competent adult, hereby verify 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. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: 21 NAME: PRINTED NAME: MOLL TITLE: Noe ess "IEQV eR. NOT SERVED On the __ day of 20_, at o'clock _. M., Defendant NOT FOUND because: - Vacant _ Does Not Exist - Moved - Does Not Reside (Not Vacant) No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF 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 Jenne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 AFFIDAVIT OF SERVICE CUMBERLAND COUNTY --1 p _4. ^r9 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 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 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Schemer, Esq., Id. No. 308912 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 1- r IG ?? OTHONoTAR 2011 JUN 28 AM 101. 11 CU PENNSYL ANIA TY Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION Plaintiff V. MICHAEL T. PANDOLFI JULIE K. PANDOLFI Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 09-425-CIVIL PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on January 28, 2009. 2. Judgment was entered on April 4, 2011 in the amount of $67,652.61. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 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 194692 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 September 7, 2011. 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 $50,614.67 Interest Through September 7, 2011 $10,194.17 Per Diem $11.09 Late Charges $242.30 Legal fees $1,550.00 Cost of Suit and Title $2,787.75 Property Inspections/ Property Preservation $140.75 Appraisal/Brokers Price Opinion $100.00 Escrow to be paid prior to September 7, 2011 $893.52 Escrow Deficit $3,469.62 TOTAL $69,992.78 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. 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 June 15, 2011 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 "B". 194692 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 t_ DATE: By: Lawren e T. Phelan, sq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? 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 ? 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 ? Allison F. Wells, Esq., Id. No. 309519 ? W' iam E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 ATTORNEY FOR PLAINTIFF 194692 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION Plaintiff V. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County MICHAEL T. PANDOLFI No.: 09-425-CIVIL JULIE K. PANDOLFI Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES L BACKGROUND OF CASE MICHAEL T. PANDOLFI and JULIE K. PANDOLFI 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 3 MELWOOD STREET, A/K/A 3 MELLWOOD STREET A/K/A 3 MELWOOD LANE A/K/A 3 MELLWOOD LANE, MECHANICSBURG, PA 17050- 2319. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may 194692 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. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). 194692 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 mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. 194692 III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem 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, 194692 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. 194692 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine 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 IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on 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 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by 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 recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 194692 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The 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 may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender 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 valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor 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 code 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 preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. 194692 Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IV. 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. 194692 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: I By: ? Lawrence T. Phel , sq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? 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 ? 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 ? Allison F. Wells, Esq., Id. No. 309519 ? )Yilliam E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Attorney for Plaintiff 194692 Exhibit "A" 194692 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 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 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION, FIKIA PHH US MORTGAGE CORPORATION VS. MICHAEL T. PANDOLFI JULIE K. PANDOLFI Attorney for Plaintiff A /gods 440, s ??/oC ?tGroop?' CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 09-425-CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES q?0r4id ??Nas q, 0 CZ M CZ Xm ?o 0 >c 0 -c 194692 CD r-r E-- r7 r? oC-3 .? rri TO THE PROTHONOTARY:: Kindly enter judgment in favor of the Plaintiff and against MICHAEL T. PANDOLFI, and JULIE K. PANDOLFI, 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 $58,371.87 Interest - 01/24/2009 to 04/01/2011 $9,280.74 TOTAL $67,652.61 I hereby certify that (1) the Defendants' last known addresses are 3 MELWOOD STREET, MECHANICSBURG, PA 17050-2319, A/K/A 3, MELL WORD STREET, MECHANICSBURG, PA 17050-2319 and 104 HAMILTON STREET, APARTMENT A 17, HARRISBURG, PA 17102 (2) that notice has been given in accordance with Rule 237. 1, copy attached. ? Lawrence T. ela n sq., Id. No. 32227 ? Francis S. Hal ' ,Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 VJ d ith T. Romano, Esq., Id. No. 58745 eetal R. Shah-Jani, Esq., Id. No. 81760 ? Jemne 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 ? 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 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: V- 1/-// <? PHS # 194692 PROTHONOTAR 194692 Exhibit "B" ---- 194692 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 June 15, 2011 MICHAEL T. PANDOLFI JULIE K. PANDOLFI 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET A/K/A 3 MELWOOD LANE A/K/A 3 MELLWOOD LANE MECHANICSBURG, PA 17050-2319 MICHAEL T. PANDOLFI JULIE K. PANDOLFI 104 HAMILTON STREET APARTMENT A 17 HARRISBURG, PA 17102 MICHAEL T. PANDOLFI JULIE K. PANDOLFI 12 RICHLAND LN APT B CAMP HILL, PA 17011-2406 Representing Lenders in Pennsylvania and New Jersey RE: PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION V. MICHAEL T. PANDOLFI and JULIE K. PANDOLFI Premises Address: 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET A/K/A 3 MELWOOD. LANE A/K/A 3 MELLWOOD LANE MECHANICSBURG, PA 17050 CUMBERLAND County CCP, No. 09-425-CIVIL 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 194692 respond to me within 5 days, by June 20, 2011. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. r?Vv- o square --•, Fr cis S. Hallinan, Esquire aniel G: Scllir ieg Dsquire ichele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Allison F. Wells, Esquire William E. Miller, Esquire Melissa J. Scheiner, Esquire Enclosure 194692 ?V C) O O Cl. ? W o x? U < N U a a w ?. y zQo _T1 w ? F b ? E,4 a oo ? ? £ 0 L6 L 3000dIZ W08 A 0311VVY •- ? g . - LLOZ SlNn 9SZLLZb000 ° o w? Z a o9z3o $ _ 54MOIR AImIld / C 5 c U ? l7 5 dy b? 0 F o ,n c . sad s3y 1 ? a E w ' g a c o 0 0 m. >, 3 F ? 0. ti ea m= E 'm ? E O c y ? o_ E v _ vl K M Q. E w G D O o n t o ti Q ? = N N t U V b9 U /y? 0 V = N _ U E.1 F W b U ? ° O'•? O T C FBI ?4 w a a 0. W w /? dl ? N _ _T 0 a l^ ? ? o E 3 a z >oo?o w =? _? Aa o°o?a 0 a Q W U ? k O I l I F ?' II A . t tl E A E r, 'O C O N W M F y V U ? , ri ? F ? vci sus ¢' F? W Gz, G=, 04 z 04 04 c c+ OQ O O ? A a A A ?y v A z zo ? 0 a ? a a , ? x3 ? 1? z a il) M N Z ro o "a Q(z C ? ^C A o f p CQ [? C Ri G RS a m Q a ? AWG7 AO A? y Z iY C4 Z N Z .. ? QHx Q ? " a 9z ) U H U F r - z E°H Z 4-4 aoz .a- ?w o0 c w wQ ? w? o xax x xa ?? ?WW Ua UQ z z ` (? - rl rl v N x ? x a a a ?? ? i C . ? N M ? V•1 ?D t? 0 0 O? O N cn ~ O F° a, N a1 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION Plaintiff V. MICHAEL T. PANDOLFI JULIE K. PANDOLFI Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 09-425-CIVIL 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. MICHAEL T. PANDOLFI JULIE K. PANDOLFI 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET A/K/A 3 MELWOOD LANE A/K/A 3 MELLWOOD LANE MECHANICSBURG, PA 17050-2319 MICHAEL T. PANDOLFI JULIE K. PANDOLFI 12 RICHLAND LN APT B CAMP HILL, PA 17011-2406 MICHAEL T. PANDOLFI JULIE K. PANDOLFI 104 HAMILTON STREET APARTMENT A 17 HARRISBURG, PA 17102 194692 Phelan Hallinan & Schmieg, LLP l - DATE: By; ? La nce T. Phel , 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 ? 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 ? Allison F. Wells, Esq., Id. No. 309519 ? W' liam E. Miller, Esq., Id. No. 308951 elissa J. Scheiner, Esq., Id. No. 308912 ATTORNEY FOR PLAINTIFF 194692 5 61F THE PRa7DHONOTARY 2011 JUN 30 AN 9: 23 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PHH MORTGAGE CORPORATION, F/K/A PHH Court of Common Pleas US MORTGAGE CORPORATION Plaintiff Civil Division V. CUMBERLAND County MICHAEL T. PANDOLFI No.: 09-425-CIVIL JULIE K. PANDOLFI Defendants RULE AND NOW, this day of OALw 2011, a Rule is entered upon the Defendants to show cause why an Order should t be entered granting Plaintiff's Motion to Reassess Damages. Defendant(s) shall have twenty (20) days of the date of this Order to file a responsive pleading 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. ` PD es ma. led 4/?0b/ BY T CO T J. 194692 I ILE%-OFFICE `NE PROTHONOTARY Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION Plaintiff vs. MICHAEL T. PANDOLFI JULIE K. PANDOLFI Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 09-425-CIVIL CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's June 30, 2011 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 date indicated below. MICHAEL T. PANDOLFI JULIE K. PANDOLFI 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET A/K/A 3 MELWOOD LANE A/K/A 3 MELLWOOD LANE MECHANICSBURG, PA 17050-2319 MICHAEL T. PANDOLFI JULIE K. PANDOLFI 12 RICHLAND LN APT B CAMP HILL, PA 17011-2406 2011 JU I I AN 9: 2 7 CUMBERLAND COUNTY PENNSYLVANIA 194692 MICHAEL T. PANDOLFI JULIE K. PANDOLFI 104 HAMILTON STREET APARTMENT A 17 HARRISBURG, PA 17102 DATE: Bv: Phelan ., Id. No. 32227 QFrancis S. Hallinan, Esq.,. No. 62695 ? Daniel G. Schmieg, Esq.,. No. 62205 ? Michele M. Bradford q., Id. No. 69849 ? Judith T. Romano sq., Id. No. 58745 El Sheetal R. Sh -Jani, Esq., Id. No. 81760 ? Jenine R. D vey, Esq., Id. No. 87077 F] Lauren R. abas, 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 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtena . Dunn, Esq., Id. No. 206779 ? w C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 ? Melissa J. Scheiner, Esq., Id. No. 308912 ATTORNEY FOR PLAINTIFF 194692 i ' PROTHONOTAI t,"! 1 JOL 22 AM f0: 27 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION Plaintiff vs. MICHAEL T. PANDOLFI JULIE K. PANDOLFI Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 09-425-CIVIL MOTION TO MAKE RULE ABSOLUTE PHH MORTGAGE CORPORATION, F/K/A PHH US 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 June 28, 2011. 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 June 15, 2011 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 Albert H. Masland on or about June 30, 2011 directing the Defendants to show cause why the Motion to Reassess Damages should not be 194692 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 July 8, 2011 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. Defendants failed to respond or otherwise plead by the Rule Returnable date of July 20, 2011. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelaq all' & Sch9f ieg, LLP DATE: 2 By: awrence T. Phelan, Esq., Id. No. 32227 ? rancis 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 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Scheiner, Esq., Id. No. 308912 ATTORNEY FOR PLAINTIFF 194692 Exhibit "A" 194692 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX4: (21.5) 563-3459 Phelan . Hallinan & Schmieg, LLP June 15, 2011 MICHAEL T. PANDOLFI JULIE K. PANDOLFI 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET A/K/A 3 MELWOOD LANE A/K/A 3 MELLWOOD LANE MECHANICSBURG, PA 17050-2319 MICHAEL T. PANDOLFI JULIE K. PANDOLFI 104 HAMILTON STREET APARTMENT A 17 HARRISBURG, PA 17102 MICHAEL T. PANDOLFI JULIE K. PANDOLFI 12 RICHLAND LN APT B CAMP HILL, PA 17011-2406 Representing Lenders in Pennsylvania and New Jersey RE: PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION v. MICHAEL T. PANDOLFI and JULIE K. PANDOLFI Premises Address: 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET A/K/A 3 MELWOOD LANE A/K/A 3 MELLWOOD LANE MECHANICSBURG, PA 17050 CUMBERLAND County CCP, No. 09-425-CIVIL 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 194692 respond to me within 5 days, by June 20, 2011. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Ver truly, yobe, nee i re rr cis S. H allinan, Esquire el G. Sclunieg Esquire lele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Allison F. Wells, Esquire William E. Miller, Esquire Melissa J. Scheiner, Esquire Enclosure 194692 0 O ?l W o z? U z ?M 7 N a 'a a Z U =3 ?a W ? 'D L ? `n C zoo w? ? v T 6 U - GO ? 5 TO ? V C O C ' O E y o v s c ,? x E w o .? ._ v ° o o° m ?. V O E R E m o y c ,? E a ? G ? 'Cn x E ti W X M o N s a '° H m 3 W V ?? ?? o wa Q x -?o?'= cao c E Ho z ? y >?o?o .? M U d o0 "O M .N, O d aw ? a G C o o M - A A N a: Q A zd -< o a0 a a? ? x3 x xa •? W O. N `° T y Qtn fl C c E r.. w ue ?o s . ? ? `JCL ? LTiQ? L?r WCL' a Q p ? AWC7 o ?° W7 za49 z`r z.? a ? w a. ? Q E-FC) U o E-Fr F FZ o W ? xax xa xa' aU z° u u Q v .fl z ? e e a a a ° T m . [- 00 17, 2 N { Exhibit "B" 194692 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PHH MORTGAGE CORPORATION, F/K/A PHH Court of Common Pleas US MORTGAGE CORPORATION Plaintiff Civil Division V. CUMBERLAND County MICHAEL T. PANDOLFI No.: 09-425-CIVIL JULIE K. PANDOLFI Defendants RULE AND NOW, this 30 ? day of 2011, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant(s) shall have twenty (20) days of the date of this Order to file a responsive pleading 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. BY THE COURT J. Exhibit "C" 194692 f° 11 ED-OFFICE' PRO HONOTAR-f' 2011 JUL I I AM 9.27 CUMBERLAND COUNT Y PENNSYLVANIA Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION Plaintiff vs. MICHAEL T. PANDOLFI JULIE K. PANDOLFI Defendants Al'TORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 09-425-CIVIL CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's June 30, 2011 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 date indicated below. MICHAEL T. PANDOLFI JULIE K. PANDOLFI 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET A/K/A 3 MELWOOD LANE A/K/A 3 MELLWOOD LANE MECHANICSBURG, PA 17050-2319 MICHAEL T. PANDOLFI JULIE K. PANDOLFI 12 RICHLAND LN APT B CAMP HILIJ, PA 17011-2406 194692 MICHAEL T. PANDOLFI JULIE K. PANDOLFI 104 HAMILTON STREET APARTMENT A 17 HARRISBURG, PA 17102 DATE: Phelan l.l.allinan-&-Sdi-nil ? Esq., Id. No. 32227 Francis S. Hallinan, Esq., .. No. 62695 ?f _Daniel G. Schmieg, Esq., No. 62205 ? Michele M. Bi-?idfojA Id. No. 69849 F1 Judith T. R?>nnano osd., Id. No. 58745 ? Sheetal R. Sh -lani, Es q., Id. No. 81760 Jenine R.1) Vey, Esq., Id. No. 87077 Lauren R. `l'abas, 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 Chrisovalante P. Fliakos, Esq., Id. No. 94620 [? Joshua I. Goldman, Esq., Id. No. 205047 [] Courtemi R, Dunn, Esq., Id. No. 206779 A wEC. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 ATTORNEY FOR PLAINTIFF 194692 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION Plaintiff vs. MICHAEL T. PANDOLFI JULIE K. PANDOLFI Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 09-425-CIVIL CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute were served upon the following individuals on the date indicated below. MICHAEL T. PANDOLFI JULIE K. PANDOLFI 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET A/K/A 3 MELWOOD LANE A/K/A 3 MELLWOOD LANE MECHANICSBURG, PA 17050-2319 MICHAEL T. PANDOLFI JULIE K. PANDOLFI 12 RICHLAND LN APT B CAMP HILL, PA 17011-2406 MICHAEL T. PANDOLFI JULIE K. PANDOLFI 104 HAMILTON STREET APARTMENT A 17 HARRISBURG, PA 17102 194692 DATE: By: e 1 an & chmieg, LLP Lawrence . Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Scheiner, Esq., Id. No. 308912 ATTORNEY FOR PLAINTIFF 194692 ILED-O FICE j;H" P ROTrHONoTAF , 2011 JUL 27 AM IC: 3 CIRISSRLAND COUNT Y PENNSYLVANIA Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION Plaintiff vs. MICHAEL T. PANDOLFI JULIE K. PANDOLFI Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 09-425-CIVIL PRAECIPE TO WITHDRAW MOTION TO REASSESS DAMAGES TO THE PROTHONOTARY: Plaintiff hereby withdraws its Motion to Reassess Damages, filed on June 28, 2011 in the above referenced action Phelan Hall' ieg, LLP DATE: a By; ? Lawre c . 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 194692 ? uren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Scheiner, Esq., Id. No. 308912 ATTORNEY FOR PLAINTIFF 194692 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1.400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION Plaintiff vs. MICHAEL T. PANDOLFI JULIE K. PANDOLFI Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 09-425-CIVIL CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff s Praecipe to Withdraw its Motion to Reassess Damages was served upon the following interested parties on the date indicated below. MICHAEL T. PANDOLFI JULIE K. PANDOLFI 3 MELWOOD STREET A/K/A 3 MFLLWOOD STREET A/K/A 3 MELWOOD LANE A/K/A 3 MELLWOOD LANE MECHANICSBURG, PA 17050-2319 MICHAEL T. PANDOLFI JULIE K. PANDOLFI 12 RICHLAND LN APT B CAMP HILL, PA 17011-2406 MICHAEL T. PANDOLFI JULIE K. PANDOLFI 104 HAMILTON STREET APARTMENT A 17 HARRISBURG, PA 17102 194692 Phelan Hallin Schmieg, LLP DATE: _ By: ? Lawrence k elan, 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 ? Je ' e R. Davey, Esq., Id. No. 87077 auren 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 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Scheiner, Esq., Id. No. 308912 ATTORNEY FOR PLAINTIFF 194692 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor OFF, -E OF 7-- z?-RIGF OF THE PRO HONE ARY i 2011 AVG 23 AM g. 14 CUMBERLAND COUNTY PENNSYLVANIA PHH Mortgage Corporation vs. Michael T. Pandolfi (et al.) Case Number 2009-425 SHERIFF'S RETURN OF SERVICE 06/23/2011 04:47 PM - Deputy Shawn Gutshall, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 3 Melwood St aka 3 Mellwood St a/k/a 3 Melwood Lane, aka 3 Mellwood Lane, Mechanicsaburg, PA 17050, Cumberland County. 06/23/2011 04:47 PM - Deputy Shawn Gutshall, being duly sworn according to law, attempted service to the Defendant, to wit: Julie Kay Pandolfi at 3 Melwood St aka 3 Mellwood St aka 3 Melwood, Lane aka 3 Mellwood Lane, Mechanicsburg, PA 17050. The Defendant was found to have moved, did not leave a forwarding address, also does not reside, at: 104 Hamilton Street, Apt A17, Harrisburg, PA 17102 or, 12 Richland Lane, Apt B, Camp Hill, PA 17011. 06/23/2011 04:47 PM - Deputy Shawn Gutshall, 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: Michael T. Pandolfi at 3 Melwood St, aka 3 Mellwood St, aka 3 Melwood, Lane, a/k/a 3 Mellwood Lane, Mechanicsburg, PA 17050, Cumberland County. 07/26/2011 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: $674.77 August 22, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF J .00 Cc. 4//f 5' 3 /alm :?_ 4-1 3 bl •7?_ P GountySuite Sheriff. Teieosoft. Intl CUMBERLAND LAW JOURNAL Writ No. 2009-425 Civil PHH Mortgage Corporation vs. Michael T. Pandolfi Julie Kay Pandolfi Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 09-425-CIVIL PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION vs. MICHAEL T. PANDOLFI, JULIE K. PANDOLFI, owner(s) of property situ- ate in the Township Of Silver Spring, Cumberland County, Pennsylvania, being 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET A/K/A 3 MELWOOD LANE A/K/A 3 MELL- WOOD LANE, MECHANICSBURG, PA 17050-2319. Parcel No. 38-18-1328-050. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $67,652- .61. 52 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: July 15, July 22 and July 29, 2011 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. sa Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this ,,-299 da of Jul 2011 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 Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 i4f Patr1*0t1WX(W5 Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and qublisher 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 arid is duly authorized and empowered to verify this statement or, behalt 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: 2009-425 C" Term 07/15/11 PM ,Mort9"e Corpgration vs 07/22/11 07/29/11 JOL y DanIM Sch By virtue of a Writ of Execution NO. ..... 09 425 CIVII PHH MORTGAGE CORPORATION, / F/K/A PHH US MORTGAGE CORPORATION i. Sworn to and sub cribed before me this `[8 day of/August, 2011 A D. vs. r MICHAEL T, PANDOLFI JULIE K PANDOLFI owner(s) of property situate in the -- Notary Public Township Of Silver Spring, Cumberland County, Pennsylvania, being (Municipality) 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET COMMOINWEALFh OF PENNSYLVANIA -- - A/K/A 3 MELWOOD LANE t9etarial Sa: A/K/A 3 MELLWOOD LANE, Sherrie L. K ?,ner, ,otary ri t>i, 4. MECHANICSBURG, PA 17050-2319 i_ower Paxton -'wp., Dauphin counq MY Commission E.xplres Nov i 2F, 20i1 Parcel No. 38-18-1328.050 (Acreage or street address) _ , , Membe " svM-0a R r , -r Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $67,652.61 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 09-425 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION Plaintiff (s) From MICHAEL T. PANDOLFI, JULIE K. PANDOLFI (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 aze directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $67,652.61 L.L.: Interest FROM 4/2/2011 TO DATE OF SALE ($11.12 PER DIEM) - $6,827.68 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $ /!70.77 Other Costs: Plaintiff Paid: llate: 8/3i/12 .~ 1 ~ /' n David D. Buell, Prothonotary, (Seal) __ J3v:,1.(/1 ate, ~ . - Deputy REQUESTING PARTY: Name: MELISSA J. CANTWELL, 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. 308912 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURI P.R.C.P. 3180-3183 PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE COURT OF COM CORPORATION Plaintiff CIVIL DIVISION v MICHAEL T. PANDOLFI JULIE K. PANDOLFI Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 04/02/2011 to Date of Sale ($11.12 per diem) NO.: 09-425-CIVIL CUMBERLAND $67,652.61 6 827.68 rn Z z ~~ ~A r' ~ CQ 2 ~~ --~ --C TOTAL $74,480.29 Phelan Hallinan Sc aieg,,.bLP Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff Note: Please attach description of properly. PHS # 194692 /~ ~ ~a~. ~ ~ a a ~ ©o << <, • ~ «:. ~~ o~ « c~ 8~ So`< << <~ ~~,oa ~3. ©o ~ s. sa to . o0 ~~. uo ~`~' ~o i~. ~ a ~. ~ ~ ~-.o~ 5 $ ~paK t ~~ ~a~a5 ~ C~~ i aa3a~ ~~~ ~~~ C w a• Z tv w~: f ~r Q~ PLEAS c ~, -~. r!•t~ v ~-~, r --~c5 ~~; _~~, ~; 1~ a ~' a Q.I F o~ U o° ~z o~ UW PQ H ~ U O O W Qi ~1 z 0 H 0 w t~ Q H ~ a x a > w a ow P a .. a O ~, a H~ aa~ Q"~G~ W U j ~~ U W ~ 00 ~~ 3~ O ~ w ~° p. Ca M Q d .~-a Q a ~ ~, ~ M ~ ¢ M M ~ N M .-a N ai ¢p ~ QOW~n ~ aw~ °" r,w3Aa ~HQ~QV ~QQa ~ a p d O Z a a~ z b ~+~~a~+ a~~Qw Q /.. M C/Z 1G A-, ~ M C/~ ~ /. N O M z ~- w ~,., ;+. ~. ~~ ~~ a U c° ti •;, a ~Q E-~ a Q ~j o ah~. a ¢~ ~~ O __: __ _ _ ~ LEGAL DESCRIPTION ALL THAT CERTAIN house and lot of ground situate in the Township of Silver Spring, Cc Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the Southern line of a fifty (50) foot Street, said point being two hand seventy-two and twenty-five hundredths (272.25) feet measured along the southern line of said fi (50) foot Street, westwazdly from the center line of Township Route No. 596; thence southwazdl~ along lands now or formerly of Bruce C. Mellinger and parallel with an intersecting fifty (50) foc right-of--way, a distance of one hundred ninety-one and twenty-five hundredths (191.25) feet to a point; thence westwardly on a line parallel with the first mentioned fifty (50) foot street, a distant of sixty-eight and six hundredths (68.06) feet to a point at lands of Chester L. Richwine and Mari H. Richwine, his wife; thence northwazdly along said Richwine lands on a line pazallel with said intersecting fifty (50) foot right-of--way, a distance of one hundred ninety-one and twenty-five hundredths (191.25) feet to the first mentioned fifty (50) foot street; thence eastwazdly along said fifty (50) foot street, a distance of sixty-eight and six hundredths (68.06) feet to a point, the place BEGINNING. BEING Lot 1-A in Mellwood Development, said lot being a part of Lots Nos. 3, 4 and 5 as sh on the Plan of Mellwood Farm, recorded in the Cumberland County Recorder's Office in Plan 4, Page 18. HAVING thereon erected a single dwelling house. UNDER AND SUBJECT to covenants and restrictions as set forth in prior deeds. of TITLE TO SAID PREMISES VESTED IN Michael T. Pandolfi, by Deed from Michael T. Pandolfi and Julie Pandolfi, h/w, dated 03/03/1995, recorded 09/25/1995 in Book 128, Page 7 7. PREMISES BEING: 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET A/K/A 3 MEL LANE A/K/A 3 MELLWOOD LANE, MECHANICSBURG, PA 17050-2319 PARCEL NO.38-18-1328-050 T PHELAN HALLINAN & SCHMIEG, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 r-=~~±1-~lFt~iCe ~~~ ~~~.I;~: 1'~t117'NQ~t3T.A 2012 kt1G 3 I AM I I ~ 21 ~UM~ER~.~1Np CQ.UNTY PHH MORTGAGE CORPORATION, F/K/A PHtt~1~~~I~GE CORPORATION Plaintiff v. MICHAEL T. PANDOLFI JULIE K. PANDOLFI Defendant(s) CERTIFICATION Attorneys for Plaintiff, COURT OF COMMQN PLEAS CIVIL DIVISION NO.: 09-425-CIVIL 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. 3 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn ~ authorities. By: Phelan Hallman churn LP Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintii~' 3 to PHH MORTGAGE CORPORATION, F/K/A PHH US COURT OF COMMON MORTGAGE CORPORATION Plaintiff CIVIL DIVISION ~ N0.:09-425-CIVIL MICHAEL T. PANDOLFI JULIE K. PANDOLFI CUMBERLAND COUN Defendant(s) PHS # 194692 AFFIDAVIT PURSUANT TO RULE 3129.1 PLEAS PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION, Plaintiff in the above action, b the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information conce ing the real property located at 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET A/K/A 3 MELWOOD LANE A/K/A 3 MELLWOOD LANE, MECHANICSBURG, PA 17050-2319. I . Name and address of Owner(s) or reputed Owner(s): , Name Address (if address cannot be reasonably ~ _~ x~ ascertained, please so indicate) ~3 "~ rrt ~ ~ ~ xs. r `y ~== MICHAEL T. PANDOLFI 3 MELWOOD STREET ~r~.- ~ ~ s-r-j A/K/A 3 MELLWOOD STREET . ,~~ w A/K/A 3 MELWOOD LANE A/K/A 3 MELLWOOD LANE ~~ 3 MECHANICSBURG, PA 17050-2319 Q D ~ :- r." ~ --~ fU - .~ _.. 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) MICHAEL T. PANDOLFI 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET A/K/A 3 MELWOOD LANE A/K/A 3 MELLWOOD LANE MECHANICSBURG, PA 17050-2319 JULIE K. PANDOLFI 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET A/K/A 3 MELWOOD LANE A/K/A 3 MELLWOOD LANE MECHANICSBURG, PA 17050-2319 104 HAMILTON STREET, APT A17 HARRISBURG, PA 17102 _ i_ 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to b~ sold: Name Address (if address cannot be reasonably ascertained, please indicate) CUMBERLAND COUNTY ADULT l COURTHOUSE SQUARE PROBATION CARLISLE, PA 17013 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) LA SALLE BANK NATIONAL 909 HIDDEN RIDGE DRIVE, SUITE 200 ASSOCIATION, F/K/A, LASALLE NATIONAL IRVING, TX 75038 BANK, IN ITS CAPACITY AS INDENTURE TRUSTEE UNDER THAT CERTAIN SALE AND SERVICING AGREEMENT DATED SEPTEMBER 1, 1999 AMONG AFC TRUST SERIES 19 F.T AL LA SALLE BANK NATIONAL ASSOCIATION, F/K/A, LASALLE NATIONAL 100 METROPLEX DR., STE 30l BANK, IN ITS CAPACITY AS INDENTURE EDISON, NJ 08817 TRUSTEE UNDER THAT CERTAIN SALE AND SERVICING AGREEMENT DATED SEPTEMBER 1, 1999 AMONG AFC TRUST SERIES 19 ET AL C/O HANOVER CAPITAL PARTNERS, LTD LASALLE BANK NATIONAL ASSOCIATION, 909 HIDDEN RIDGE DRIVE, SUITE 200 AS TRUSTEE IRVING, TX 75038 C/O EMC MORTGAGE CORPORATION 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be sale. Name Address (if address cannot be reasonably ascertained, please indicate) by the None. rest in the roe ~hich ma Name and address of every other person of whom the plaintiff has knowledge who has any mte p p rh' Y be affected by the sale: ', Name Address (if address cannot be • reasonably ascertained, please indicate) TENANT/OCCUPANT 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET A/K/A 3 MELWOOD LANE A/K/A 3 MELLWOOD LANE MECHANICSBURG, PA 17050-2319 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR, STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 280601 INHERITANCE TAX DIVISION HARRISBURG, PA 17128 DEPARTMENT OF PUBLIC WELFARE, TPL P.O. BOX 8486 CASUALTY UNIT, ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG, PA 17105 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 U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 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 of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: ~® ~ ~ By: Phelan Hallman & Schmieg, LZY Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff penalties PHH MORTGAGE CORPORATION, F/K/A PHH US MORTG~IGE CORPORATION _ _ _ i COURT OF COMMON 'LEAS CIVIL DIVISION Plaintiff N0.:09-425-CIVIL vs. MICHAEL T. PANDOLFI JULIE K. PANDOLFI Defendant(s) CUMBERLAND CO NOTICE OF SHERIFF'S SALE OF REAL PROPERTY . . , ~~ N , TO: MICHAEL T. PANDOLFI ~, JULIE K. PANDOLFI ~ ~ ~ .. ' ~ C== 3 MELWOOD STREET A/K/A 3 ~,~- ~ ~; MELLWOOD STREET A/K/A 3 MELWOOD -~ ~'' - ' LANE A/K/A 3 MELLWOOD LANE ~~ MECHANICSBURG, PA 17050-2319 z o _. ~=-; 2~ C - r„ JULIE K. PANDOLFI ~ ~ --~ 104 HAMILTON STREET, APARTMENT A 17 HARRISBURG, PA 17102 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION O 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 3 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET A/K/A 3 MELWOOD LANE A/K/A 3 MELLWOOD LANE, MECHANICSBURG, PA 17050-2319 is sche uled to be sold at the Sheriffs 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 $67,652.61 obtained by PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION (the mortgagee) against you. In he event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 31 9.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffls 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: 215-563-700(1 xl 30. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the j' if the judgment was improperly entered. You may also ask the Court to postpone the sale for good ca 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.) UR PROPERTY AND YOU HAVE 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 ut 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 c mpared 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 y 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 heriff 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 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 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 LEGAL DESCRIPTION ALL THAT CERTAIN house and lot of ground situate in the Township of Silver Spring, County Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the Southern line of a fifty (50) foot Street, said point being two hundr seventy-two and twenty-five hundredths (272.25) feet measured along the southern line of said fif (50) foot Street, westwardly from the center line of Township Route No. 596; thence southwardly along lands now or formerly of Bruce C. Mellinger and parallel with an intersecting fifty (50) foo~ right-of--way, a distance of one hundred ninety-one and twenty-five hundredths (191.25) feet to a point; thence westwardly on a line parallel with the first mentioned fifty (50) foot street, a distaneE of sixty-eight and six hundredths (68.06) feet to a point at lands of Chester L. Richwine and Maril H. Richwine, his wife; thence northwardly along said Richwine lands on a line parallel with said intersecting fifty (50) foot right-of--way, a distance of one hundred ninety-one and twenty-five hundredths (191.25) feet to the first mentioned fifty (50) foot street; thence eastwardly along said fifty (50) foot street, a distance of sixty-eight and six hundredths (68.06) feet to a point, the place BEGINNING. BEING Lot 1-A in Mellwood Development, said lot being a part of Lots Nos. 3, 4 and 5 as shy on the Plan of Mellwood Farm, recorded in the Cumberland County Recorder's Office in Plan 4, Page 18. HAVING thereon erected a single dwelling house. UNDER AND SUBJECT to covenants and restrictions as set forth in prior deeds. TITLE TO SAID PREMISES VESTED IN Michael T. Pandolfi, by Deed from Michael T. Pandolfi and Julie Pandolfi, h/w, dated 03/03/1995, recorded 09/25/1995 in Book 128, Page PREMISES BEING: 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET A/K/A 3 MEL LANE A/K/A 3 MELLWOOD LANE, MECHANICSBURG, PA 17050-2319 PARCEL NO.38-18-1328-050 SHORT DESCRIPTION By virtue of a Writ of Execution N0.09-425-CIVIL PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION vs. MICHAEL T. PANDOLFI JULIE K. PANDOLFI owner(s) of property situate in the TOWNSHIP OF SILVER SPRING, Cumberland County, Pennsylvania, being (Municipality) 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET A/K/A 3 MELWOOD LANE A/K/A 3 MELLWOOD LANE, MECHANICSBURG, PA 17050-2319 Parcel No. 38-18-1328-050 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $67,652.61 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PHH MORTGAGE CORPORATION, F/K/A PHH Court of Common Pleas US MORTGAGE CORPORATION : Plaintiff Civil Division V. CUMBERLAND County MICHAEL T. PANDOLFI No.: 09-425-CIVIL JULIE K. PANDOLFI Defendants ? RULE AND NOW, this- I A,/ day of a, f?O/?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. B E COURT J. fT;tx/ -') rt ? d P? a ?k n 14 Q 11'e1 4 ,s /+t <<yy'? G 194692 Allison F. Wells, Esq., Id. No.309519 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 MICHAEL T. PANDOLFI JULIE K. PANDOLFI 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET MECHANICSBURG, PA 17050-2319 MICHAEL T. PANDOLFI JULIE K. PANDOLFI 104 HAMILTON STREET APARTMENT A 17 HARRISBURG, PA 17102 MICHAEL T. PANDOLFI JULIE K. PANDOLFI 12 RICHLAND LN APT B CAMP HILL, PA 17011-2406 194692 194692 !, ~ .~,' o } ,~. 'Rij c~.l€~~~r', PHELAN HALLINAN & SCFfMII~;~Isl~'~ L'.~r4»~ by: Allison F. Wells, Esquire, Atty. LD. No. 309519 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 215 563-7000 _ PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION Plaintiff v. MICHAEL T. PANDOLFI JULIE K. PANDOLFI Defendants ATTORNEY FOR PLA[NTIFF Court of Common Pleas Civil Division Cumberland County No.: 09-425-CIV[I. PRAECIPE TO SUBSTITUTE EXHIBIT To the Prothonotary: Please attach the following Concurrence letter and Certificate of Mailing as :Exhibit "C" to Plaintiff's Motion to Reassess Damages which was filed with the court on ar~ about October l2, 2012. DATE: _ ~--- Phelan Hallinan & Sc ; ~:Z~ + Allison F. ells, Esquire Attorney for Plaintiff EXHIBIT "C" PHELAN I-IALLTNAN & SCH:MIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (2I5)563-7000 FAX#: (21 S) 5b3-3459 Phelan Hallman & Schmieg, LLP Representing Lenders ii°~ Pennsylvania and New ,iersey October ?, 2012 t~1ICI~JAI:L 1'. PANDOLFI JULIE h. PANDOLFI 3 MELWOOD STREET A/l~lA 3 MELLWOOD S'I'IZEE't" MECHANICSBURG, PA 17050-2319 RE PHH MORTGAGE CORPORA"TIO?~I, FlK/A PI-LI-1 US MORTGAGE CORPORA"PION v. MICI IAEL "['. PANDOLFI and JULIE K. PANDOLF'1 Premises Address: 3 MELWOOD STREET A,'I{/A 3 MELLWOOD STRh;E"I MECHANICSBURCi, PA 17050 CUMI3ERL;~ND Cotuity CCP, No. 09-425-CIVIL Dear Defendants, Eaicaosed please find atnae and correct copy oFmy 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 ghat is, increasing the amount of the judgment. P[cszse respond to me within 5 days, by 10/09l20I2. Should you have further questions or concerns, please do not hesitate to contac~ n~c;. Othen~~ise, please be guided accordingly. Very truly yours, ~- r ~~ Allison [~''~15 I~~';`lc~'. No.309~'t> Attorney for Plaintiff Enclosure 194692 _, ... ~~ L 6 t 3t)QO cfi21~102ii t332t1~W ~~~ Z01~7 9SLLtZbLQQ ~' _•~ O ~ dam` ao .~ ~ '~ ~ ~ ~ ~ ~Q °~ > ~ ~ ~ w ~ ~ c '[a°ic~ ~^~ ~~ v c a`°a 'L7 4- ~ ~ e ~~a~ ~~~ ~ Q d ~~ W6 Z 0 ° 8 ~.~wr~rriur ~~, R ~ ~ A ~~~~~ ~~~~d C N ~jut_ '~ .'3 ~' .Sat E '~ E n~~~ 6) E "qq `c~ ~ L ,C y ~ u s d ~ ~ C ~ E ~.a ,c ---- -- _._ - Y.3 ~ '8 0 °~>>~'~ ~v E` i s.°,~3 o ~ s ~~~~ ! I C ~ ~ p ~ i ~~~~ ~~~~ $~ s +Q _ ~.~ ~~ a U 1r V ~ ~C H O a ~~ R' ^"` Q ~p,X 4 4 ~Eo.~ o ~. aw ~ C V7 ~., ~°a~ ~ ~ ~ £ M ~ ~ ~ ~r V « I ~ F~a~~ a ~ ~ Y .~ z 'O d '~ a w a ~ rox O ~° Z o °~ ~ ~' o G. E.. ~ ~ rn c 1~ry ~ ~'' O ~ ~ arc ~ ~, ..] OL .a ,,,,, J F r ,~ 0. oQ~'3~~Q~~ x~~~~~v .~~ E ~~v~~~~v~a~~u~~a4~4WW~ z~i .~ ~-~ z~ .~ .~ ~ ~~ u ~ o ~. ~B c ,.. x ~ ...7 N M ~ ~~ v~~ ~ i~ N CT se By: Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATIC-N, F/K/A PHH Court of Common fleas US MORTGAGE CORPORATIOIyf Civil Division Plaintiff Cumberland County v. No.:09-425-CIVIL MICHAEL T. PANDOLFI JULIE K. PANDOLFI Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Praecipe to Substitute Exhibit was sent to the following individuals on the date indicated below. MICHAEL T. PANDOLFI MICHAEL T. PANDOLFI JULIE K. PANDOLF'I JULIE K. PANDOLFI 3 MELWOOD STREET 12 RICHLAND LN A/K/:~ 3 MELLWOOD STREET APT B MECHANICSBURG, PA 17050-2319 CAMP HILL, PA 17011-2406 MICHAEL T. PANDOLFI JULIE K. PANDOLFI 104 HAMILTON STREET APARTMENT A 17 HARRISBURG, PA 17102 _.__~. Phelan Hallinan & S 'eg, LLP 1 /-- 't , DATE: --- 1,_c~~ B :--= Allison F. e ls, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF r Phelan Hallinan & Schmieg,r~L~i,l~; ,°_~ _ ~ ~ a ~'j; _~ Allison F. Wells, Esy., Id. No.30951'9 ATTORNEY FOR PLAINCIFF 1617 JFK Boulevard. Suite 1~~b ~~: ~. ~ ~~s ~~:~~~'~ I ~_ One Perm. Center Plaza x_13 ' `; l_'' .~~~~~ "~. Philadelphia. PA 19103 215-Sh3-7(100 PHH MOR"hGAGE CORPORATION, F/K/A PHH Court of Common Pleas US MORTGAGE CORPORATION Plaintiff Civil Division ~'s~ CUMBERLAND County MICHAEL -I~. PANDOLFI X10.: C-9-42.5-CI VI1_. JULII K. PANDOLI'1 Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 16, 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 date indicated below. MICHAEL T. PANDOLFI JULIE K. PANDOLFI 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET A/K%A 3 IGICLWOOD LANE A/K/A 3 Iu1ELLWOOD LANE MECHANICSBURG. PA 17050-231'~> MICHAEL T. PANDOLFI JULIE K. PANDOLEI 12 RIC'HLAND LN APT B CAMP HILL, PA I i'Ol l -2406 194692 MIC HAE1 _ T. PANDOLFI JULIE K. PANDOLFI 104 HAMILTON STREET APARTMENT A 17 HARRISE3URG, PA 17102 ~~ DAT}.~:: ----- b Phelan Hallman & ~~ By. -- -- Allison F'. Wells; ~~sq Attorney~br Plaintiff Id. No309519 194692 ~J IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION, F/K/A PHH Court of Common Pleas US MORTGAGE CORPORATION : Plaintiff Civil Division V S. MICHAEL T. PANDOLFI JULIE K. PANDOLFI CUMBERLAND County No.: 09-425-CIVIL Defendants ORD~E"R~ AND NOW, this /~ day of~~U~~012, 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 $49,631.71 Interest Through December 5, 2012 $12,941.44 Per Diem $10.88 Late Charges $242.30 Legal fees $2,000.00 Cost of Suit and Title $3,650.35 Sheriffs Sale Costs $674.77 Property Preservation $140.75 Appraisal/Brokers Price Opinion $100.00 194692 Escrow Deficit f' TOTAL Plus interest at six percent per annum. $5,553.71 $74,935.03 Note: The above figure is not a payoff quote. Sheriff s commission is not included in the above figure. B E COURT: c-s c ~ ` ' ~ ~ ~cz~ '~ ~c -~, ,~~ -~ ~ ~ ~ ~ a -c ,-- -v ~ ~~ ~3~ ~ ~ ~~ c~ r-~ --~~ ~~ za cr-. ~ ~? ~c`3 r+~ ~„ ~ ~ ~ .~ 3~ ~ ~.~ ~i ~+e~lln ~A ~t ~nt~ ~ J~~~+tjPq J i Cop, cs Nut,/~~l /l~/~~a 194 692 PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION Plaintiff vs. MICHAEL T. PANDOLFI JULIE K. PANDOLFI Defendants ,, _, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO.09-425-CIVIL AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail, to JULIE K. PANDOLFI on OCTOBER 9, 2012 in accordance with the Order of Court dated FEBRUARY 1, 201 L The property was posted on OCTOBER 15, 2012. Publication was advertised in THE CUMBERLAND LAW JOURNAL on OCTOBER 19, 2012 & in THE SENTINEL on OCTOBER 10, 2012. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. DATE: 1 ~Q~~ Phelan Hallinan & Schmieg, LLP By: Jon Lobb, Esq., Id. No.312174 Att rney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION vs. MICHAEL T. PANDOLFI JULIE K. PANDOLFI Civil Division No.09-425-CIVIL ~.s'~ ORDER AND NOW, this ~ day af. s'~t~/' 2011 upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. t t'7 C N ~ ~ ~ • as s ~ ~m ~~ ~ o° Dn ~~ ~ cz v~ :: ~~ i. .-~ ~o „~~ It is further ORDERED and DECREED that Plaintiff may obtain servipe of the Complaint and sil future pleadings on Defenda~ ]ULIE K. PANDOLFI, by: 1. Postimg of the premises: 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET, MECHANIC.$BURG; PA 1 70 5 0-23 1 9 by the Sheriff or anon-party competent adult; 2: First~class mail.to JULIE K: PANDOLFI and at the.last known address, 104 HAMILTON STREET', APARTMENT A17, HARRISBURG, PA 17102, and the mortgaged premises located at 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET, MECHANICSBURG, PA 17050-2319; and 3. Publication in accordance with PA. R.C.P. 430. It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothanotary's office to assure compliance with this court order. BY J. Cc: JULIE K. PANDOLFI 3 MEI,Vy00D STREET A/K/A 3 MELLWOOD STREET MECHANICSBUlt~, PA 17050-2319 JULIE IC. PA~IDOLFI 104 HAMII,TON STREET; APARTMENT A17 HARRISBURG, PA 17102 PHSk 194692 / HZ.C 2 ..... .. . ....... 0 r W .. ~+ T O O O n C~ C~ MCI l yO J y..~I l M^^~I 41 .,, -a o ~ ~, r" @' ~ r, Z N o •0 00 ~ rn u, ~ w t.~ .c N ~ ~ ~ Q ~ ~, z ~~ ~. ~a ~ b ~ ~ ~yAr r~r~3r ~ ~ <~ • z~xr~ rr~ w3 ~ ~ ~~~' ~ '~ ~~~' Y 'C ~ 0 ~ H ~o r~ , ~ ~ ~ ~ z Y , /~1 Q ~ b Y d 0. 0 ob a 7C ;~ ~ G~'~0z z ~ d edrv,p ~~ ~y ti•t~ z ,.d~ ~ a~yr Cy~~ ~z~r ~I ~ ~~ ~ ~~~ ~ 0 0 ~ a ~ r ~ N y r+ ~ ~ ~ T b O ~"' O r m -o o ~ O ~ ~ ~ ~ N W ~ ~ ~ y `~ ~' ~ ~ ~ ~ ~O CrJ C" a N ~ ~ O d ~ ~ < via ~ '~ W C~1 ["' 0 v r a z W b 0 ~, I r~ ,.. ~-~ ~ y a. ~.~~ PC>~;~q ~ F. Z ~ a e •~ s' PIlNEV IS05I~ ~, ~ ~ ~2.1 + 02 1M 0004277'.`.;7 ~:;• i'r llrtn '70[?i^eilli- ~.Iiy^lFa7'OCT.e MHILCV ri.°.!~v~ r... 0 "'a>v r; ~ 3 e~ c. y >v fD p '~ a ii so~ a ~ C" a 'o a 2 °' fD Y ~ r ~„ ~" ~ ~ ~ W= z ~~ ,~ p c A O O ~~ 1~ P fl] D3 9' 0 3 AFFIDAVIT' OF SERVICF, PLAINTIFF' CUMBERLAND COUNTY PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION PHS # 194(192 DEFENDANT SERVICE TEAM/ ]xt- MICHAEL T. PANDOLFI COURT NO.: 09-425-CIVIL JULIE K. PANDOLFI SERVE JULIE K. PANDOLFI AT: TYPE OF ACTION 3 MELWOOD STREET XX Notice of Sheriff s Sale ***SEE NOTES FOR FULL ADDRESS** SALE DATE: December 5, 2012 MECHANICSBURG, PA 17050-2319 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET AB/A 3 MELWOOD LANE A/K/A 3 MELLWOOD LANE**please post property in accordance with order*** SERVED Served and made knowm to JULIE K. PANDOLFI, Defendant on the ~~+day of G`~C77//S ~ , 201 ~', at ~= N ,o'clock. M., at 3 AgEcWooD 5TH M,~~NicSB~RC~~in the manner described below: _ Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: b5 ~~ ~? ~ , Description: Age Height Weight Race Sex Other I, ~ , a competent adult, hereby verify that I personally.ha~d 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. I understand that this statement is made subject to the penalties of I8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. r~ DATE: ~ h~~ NAME PRINTED NAME: f•..,t_:~,_~ :~.~;;, TITLE: PF•CCC"S :'.`:_;.``a NOT SERVED On the da of 20 , at o'clock . M., I, , a competent adult hereby state that~ePendant 1y~ecause: _ Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) _ No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF 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 Jenine R. Davey, Esq., id. No. 87077 Lauren R. Tabas, Esq.. Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id_ No. 84439 Chrisovalante P. Fliakos, Esy., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 Melissa J. Cantwell, Esq., Id. No. 308913 C' PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz October 19, 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. r ~ i , ~- ..~/ ~ Lis~Marie Coyne, SWORN TO AND SUBSCRIBED before me this 19 day of October, 2012 Notary r NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAFJD COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL NOTICE OF SHERIFF'S SALE In the Court of Common Pleas of Cumberland County, Pennsylvania NO. 09-425-CIVIL PHH MORTGAGE CORPORATION f/k/a PHH US MORTGAGE CORPORATION vs. MICHAEL T. PANDOLFI and JULIE K. PANDOLFI NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO: JULIE K. PANDOLFI Being Premises: 3 MELWOOD STREET a/k/a 3 MELLWOOD STREET a/k/a 3 MELWOOD LANE a/k/a 3 MELLWOOD LANE, ME- CHANICSBURG, PA 17050-2319. Being in TOWNSHIP OF SILVER SPRING, County of CUMBERLAND, Commonwealth of Pennsylvania, 38- 18-1328-050. Improvements consist of residen- tial property. Sold as the property of MICHAEL T. PANDOLFI and JULIE K. PAN- DOLFI. Your house (real estate) at 3 MELWOOD STREET a/k/a 3 MELL- WOOD STREET a/k/a 3 MELWOOD LANE a/k/a 3 MELLWOOD LANE, MECHANICSBURG, PA 17050-2319 is scheduled to be sold at the Sheriff's Sale on December 5, 2012 at 10:00 A.M., at the CUMBERLAND County Courthouse, 1 Courthouse Squaze, Carlisle, PA 17013, to enforce the Court Judgment of $67,652.61 ob- tained by, PHH MORTGAGE CORPO- RATION f/k/a PHH US MORTGAGE CORPORATION (the mortgagee), against the above premises. PHELAN HALLINAN & SCHMIEG, LLP Attorneys for Plaintiff Oct. 19 9 `~ "~ PROOF OF PUBLICATION State of Pennsylvania- County of Cumberland ~~ ~ l~_kie_~_ox, Sales Director, of The Sentinel, of the County and State aforesaid, ~~~~ ~in~~ duly 5~~~orn deposes and says that THE SENTINEL, a newspaper of general cia~cui~ltior in the r-:iron};,h ot` Carlisle, County and State aforesaid, was established DecembeJ~ I ' ~ l f~81, 5~tu~e i'~~hich date THE SENTINEL has been regularly issued in said Count. ~nui t~'Iat the F J-ilrtf~r! notice or publication attached hereto is exactly the same ,IS was printE~.~~, ~u~cl F"-tblisl~ed in i:he regular editions and issues of ~I H1~'~~;~N'TINEL on the following day(s): C}ctobc'r 1O 201'. C~)P`t' 4 )F NOTICE OF PUBLICATION NOTICE OF SHERIFF'S SALE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-425-CIVIL PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION Vs. MICHAEL T. PANDOL.FI and JULIE K..PANDOLFI NOTICE TO: JULIE K. PANDOLFI NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Being Premises. 3 MELVVOOD STREET A!K!A 3 MELLWOOD STREET A/K/A 3 MELWOOD LANE A/K(A 3 MELLWOOD LANE, MECHANICSBURG PA 17050-2319 Being in TOWNSHIP OF SILVER SPRING, County of CUMBERLAND, Commonwealth of Pennsylvania, 38-18-1328-050 Improvements consist of residential property. Sold as the property of MICHAEL T. PANDOLFI and JULIE K. PANDOLFI Vour house (real estate) at 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET A/K!A 3 MELWOOD LANE A/K/A 3 MELLWOOD LANE, ' 541'OTn t0 and SU s MECHANICSBURG, PA 17050-2319 is scheduled to be sold at the Sheriff Sale on 12/05/2012 at 10:00 AM, at the CUMBERLAND County Courthouse, 1 Courthouse Square. Carlisle, PA 17013, to enforce the Court Judgmentof PHH MORTGAGE CORPORATION, F/K/A PHH 61 obtained by $67 652 1- ~ (11 '1 { ~~ , , . tJS MORTGAGE CORPORATION (the mortgagee), against the above ~L premises. 1 PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff Affiant fw-ther deposes that h~'% ~ha~ i~: not interesited in the subject matter ~~f 'azc aforesaid notice or adyertisernt~nt, :.rn_I that all allegations nn the foregoing staten-~t~nt as to time, place and character t?f hral~~~~Nic Ilion are }rr'llf.':' ~,` bLed/befr,lrt, I~~~_~ ll~is 7/lff~L ~~, it Notar~.~ [`uk,li~. My commission expires: PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff Meredith Wooters, Esq., Id. No.307207 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 t ~ 1 -^t - ...- ... ~~.., ,~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION, F/K/A PHH CUMBERLAND COUNTY US MORTGAGE CORPORATION Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION MICHAEL T. PANDOLFI No.: 09-425-CIVIL JULIE K. PANDOLFI : Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) 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". M redith Woo ers, Esquire ~~ ~ ~ ~ ~ ~ ~ Attorney for Plaintiff Date: 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 # 194692 PHH MORTGAGE CORPORATION, F/K/A PHH US COURT OF COMMON PLEAS MORTGAGE CORPORATION , Plaintiff CIVIL DIVISION `'• N0.:09-425-CIVIL MICHAEL T. PANDOLFI , JULIE K. PANDOLFI CUMBERLAND COUNTY Defendant(s) , PHS # 194692 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 PHH MORTGAGE CORPORATION, F/K/A PHH US 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 3 MELWOOD STREET, ***SEE NOTES FOR FULL ADDRESS**, MECHANICSBURG, PA 17050-2319. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonabl MICHAEL T. PANDOLFI 2. Name and address of Defendant(s) in the judgment: Name MICHAEL T. PANDOLFI JULIE K. PANDOLFI Y ascertained, please so indicate) 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET A/K/A 3 MELWOOD LANE A/K/A 3 MELLWOOD LANE MECHANICSBURG, PA 17050-2319 Address (if address cannot be reasonably ascertained, please so indicate) 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET A/K/A 3 MELWOOD LANE A/K/A 3 MELLWOOD LANE MECHANICSBURG, PA 17050-2319 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET A/K/A 3 MELWOOD LANE A/K/A 3 MELLWOOD LANE MECHANICSBURG, PA 17050-2319 104 HAMILTON STREET, APT A17 HARRISBURG, PA 17102 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) Cumberland County Adult Probation 1 Courthouse Square CARLISLE, PA 17013 4 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) LA SALLE BANK NATIONAL ASSOCIATION, F/K/A, LASALLE NATIONAL BANK, IN ITS CAPACITY AS INDENTURE TRUSTEE UNDER THAT CERTAIN SALE AND SERVICING AGREEMENT DATED SEPTEMBER 1, 1999 AMONG AFC TRUST SERIES 19 ET AL 909 HIDDEN RIDGE DRIVE, SUITE 200 IRVING, TX 75038 LA SALLE BANK NATIONAL ASSOCIATION, F/K/A, LASALLE NATIONAL BANK, IN ITS CAPACITY AS INDENTURE TRUSTEE UNDER THAT CERTAIN SALE AND SERVICING AGREEMENT DATED SEPTEMBER 1, 1999 AMONG AFC TRUST SERIES 19 ET AL C/O HANOVER CAPITAL PARTNERS, LTD 100 METROPLEX DR., STE 301 EDISON, NJ 08817 LASALLE BANK NATIONAL ASSOCIATION, 909 HIDDEN RIDGE DRIVE, SUITE 200 AS TRUSTEE IRVING, TX 75038 C/O EMC MORTGAGE CORPORATION Bank of America, NA, as s/b/m/t/t, LaSalle Bank National Association, fka, LaSalle National Bank, in its capacity as Indenture trustee under that certain Sale and Servicing Agreement dated September 1, 1999 among AFC Trust Series 1999-3, as Issuer, Superior Bank, FSB, as Seller and Servicer and 370 South Cleveland Avenue Westerville, OH 43081 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 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 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET A/K/A 3 MELWOOD LANE A/K/A 3 MELLWOOD LANE MECHANICSBURG, PA 17050-2319 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR, STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 280601 INHERITANCE TAX DIVISION HARRISBURG, PA 17128 DEPARTMENT OF PUBLIC WELFARE, TPL P.O. BOX 8486 CASUALTY UNIT, ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG, PA 17105 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 unsworn falsification to authorities. Date: ~~ ~~ ~d~ sy. /1/ yy ~J~~~r/od Phelan Hall' an & Schmieg, LLP ~~~'i~t ~~Uvo-fe-~ ttorney or Plainti f ,~ ~;` ~ M ~' ~ _ _ - ~ ~. ~ - ~~ ~ c ~~ ~ ~ ~~ ..a ;~~~ ~. ~~,~~~ O~ ~A ~~ 'j ,s. ~ ... ~ 2 c ~ an ~. 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ELI „~ b! e ~, Tc ~ g ~. s ~ ~• ~` ~^+`~ u" ~ ~ ~ o ~ a;~~ o ~ `~~d ~ ~ a o m ~„ ~- U cn ~ ~~ ~ BOcg4~~ cn ~ ~ ~ ~ ~ ~ ~ LtQ~ trtfd~ 9.Z,t1~444 Y'Fl ~L tI t1~ ~ ~ h Y u ~ n ~ ~~ ~ ~ __ ~ ~ ~ 1 ry [G. ~ ~ ^3 L3. ~~~.~ ~. ~ ~. ~~ ~m v ~ o S' a ~ ~ ~' 'O ~ n. va ~~ "' ~ ~ ~~ ~~ ~r o ~ i N z 7 q J J n n SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson r! `r CL' ; Sheriff Jody S Smith4tir �19 J Chief Deputy Richard W Stewart uUMPEt;L�;iU �L� . .°�` M E� =rGs4: i PE"NSYLV.-N111% Solicitor ��� �� PHH Mortgage Corporation Case Number vs. Michael T. Pandolfi (et al.) 2009-425 SHERIFF'S RETURN OF SERVICE 09/21/2012 04:50 PM - Deputy Ryan Burgett, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 3 Melwood St, aka 3 Mellwood St, aka 3 Melwood, Lane, a/k/a 3 Mellwood Lane, Mechanicsburg, PA 17050, Cumberland County. 09/21/2012 04:50 PM -Deputy Ryan Burgett, 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: Michael T. Pandolfi at 3 Melwood St, aka 3 Mellwood St, aka 3 Melwood, Lane, a/k/a 3 Mellwood Lane, Mechanicsburg, PA 17050, Cumberland County. 12/03/2012 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 3/6/2013 02/21/2013 As directed by Daniel Schmieg,Attorney for the Plaintiff, Sheriffs Sale Continued to 4/3/2013 04/01/2013 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: $837.74 SO ANSWERS, April 02, 2013 RONNY R ANDERSON, SHERIFF PHH MORTGAGE CORPORATION, F/K/A PHH US COURT OF COMMON PLEAS MORTGAGE CORPORATION Plaintiff CIVIL DIVISION V. NO.: 09-425-CIVIL MICHAEL T. PANDOLFI JULIE K. PANDOLFI CUMBERLAND COUNTY Defendant(s) . PHS # 194692 AFFIDAVIT PURSUANT TO RULE 3129.1 PHH MORTGAGE CORPORATION, F/K/A PHH US 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 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET A/K/A 3 MELWOOD LANE A/K/A 3 MELLWOOD LANE, MECHANICSBURG,PA 17050-2319. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained,please so indicate) MICHAEL T. PANDOLFI 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET A/K/A 3 MELWOOD LANE A/K/A 3 MELLWOOD LANE MECHANICSBURG,PA 17050-2319 Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) MICHAEL T. PANDOLFI 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET A/K/A 3 MELWOOD LANE A/K/A 3 MELLWOOD LANE MECHANICSBURG, PA 17050-2319 .JULIE K. PANDOLFI 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET A/WA 3 MELWOOD LANE A/K/A 3 MELLWOOD LANE MECHANICSBURG,PA 17050-2319 104 HAMILTON STREET,APT A17 HARRISBURG,PA 17102 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) CUMBERLAND COUNTY ADULT 1 COURTHOUSE SQUARE PROBATION CARLISLE,PA 17013 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained, please indicate) LA SALLE BANK NATIONAL 909 HIDDEN RIDGE DRIVE, SUITE 200 ASSOCIATION, F/K/A, LASALLE NATIONAL IRVING,TX 75038 BANK, IN ITS CAPACITY AS INDENTURE TRUSTEE UNDER THAT CERTAIN SALE AND SERVICING AGREEMENT DATED SEPTEMBER 1, 1999 AMONG AFC TRUST SERIES 19 ET AL LA SALLE BANK NATIONAL ASSOCIATION,F/K/A, LASALLE NATIONAL 100 METROPLEX DR.,STE 301 BANK, IN ITS CAPACITY AS INDENTURE EDISON,NJ 08817 TRUSTEE UNDER THAT CERTAIN SALE AND SERVICING AGREEMENT DATED SEPTEMBER 1, 1999 AMONG AFC TRUST SERIES 19 ET AL C/O HANOVER CAPITAL PARTNERS,LTD LASALLE BANK NATIONAL ASSOCIATION, 909 HIDDEN RIDGE DRIVE,SUITE 200 AS TRUSTEE IRVING,TX 75038 C/O EMC MORTGAGE CORPORATION 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET A/K/A 3 MELWOOD LANE A/K/A 3 MELLWOOD LANE MECHANICSBURG, PA 17050-2319 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 280601 INHERITANCE TAX DIVISION HARRISBURG,PA 17128 DEPARTMENT OF PUBLIC WELFARE,TPL P.O. BOX 8486 CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG,PA 17105 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 unsworn falsification to authorities. Date: PA//; Z_ By: Phelan Hallinan & Schmieg, Melissa J. Cantwell, Esq., Id.No.308912 Attorney for Plaintiff PHH MORTGAGE CORPORATION, F/K/A PHH US COURT OF COMMON PLEAS MORTGAGE CORPORATION CIVIL DIVISION Plaintiff : : NO.: 09-425-CIVIL VS. MICHAEL T. PANDOLFI CUMBERLAND COUNTY JULIE K. PANDOLFI Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MICHAEL T. PANDOLFI JULIE K. PANDOLFI 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET A/K/A 3 MELWOOD LANE A/K/A 3 MELLWOOD LANE MECHANICSBURG, PA 17050-2319 JULIE K. PANDOLFI 104 HAMILTON STREET, APARTMENT A 17 HARRISBURG, PA 17102 **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 3 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET A/K/A 3 MELWOOD LANE A/K/A 3 MELLWOOD LANE, MECHANICSBURG, PA 17050-2319 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$67,652.61 obtained by PHH MORTGAGE CORPORATION, F/K/A PHH US 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 LEGAL DESCRIPTION ALL THAT CERTAIN house and lot of ground situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the Southern line of a fifty(50)foot Street, said point being two hundred seventy-two and twenty-five hundredths (272.25)feet measured along the southern line of said fifty (50) foot Street, westwardly from the center line of Township Route No. 596; thence southwardly along lands now or formerly of Bruce C. Mellinger and parallel with an intersecting fifty(50) foot right-of-way, a distance of one hundred ninety-one and twenty-five hundredths (191.25)feet to a point;thence westwardly on a line parallel with the first mentioned fifty(50) foot street, a distance of sixty-eight and six hundredths (68.06) feet to a point at lands of Chester L. Richwine and Marilyn H. Richwine,his wife; thence northwardly along said Richwine lands on a line parallel with said intersecting fifty(50) foot right-of-way, a distance of one hundred ninety-one and twenty-five hundredths (191.25) feet to the first mentioned fifty(50)foot street;thence eastwardly along said fifty(50) foot street, a distance of sixty-eight and six hundredths(68.06)feet to a point,the place of BEGINNING. BEING Lot 1-A in Mellwood Development, said lot being a part of Lots Nos. 3, 4 and 5 as shown on the Plan of Mellwood Farm, recorded in the Cumberland County Recorder's Office in Plan Book 4, Page 18. HAVING thereon erected a single dwelling house. UNDER AND SUBJECT to covenants and restrictions as set forth in prior deeds. TITLE TO SAID PREMISES VESTED IN Michael T. Pandolfi, by Deed from Michael T. Pandolfi and Julie Pandolfi, h/w, dated 03/03/1995, recorded 09/25/1995 in Book 128, Page 727. PREMISES BEING: 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET A/K/A 3 MELWOOD LANE A/K/A 3 MELLWOOD LANE,MECHANICSBURG,PA 17050-2319 PARCEL NO.38-18-1328-050 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 09-425-CIVIL PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION vs. MICHAEL T. PANDOLFI JULIE K. PANDOLFI owner(s) of property situate in the TOWNSHIP OF SILVER SPRING, Cumberland County, Pennsylvania, being (Municipality) 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET A/K/A 3 MELWOOD LANE A/K/A 3 MELLWOOD LANE MECHANICSBURG PA 17050-2319 Parcel No. 38-18-1328-050 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $67,652.61 Phelan Hallinan&Schmieg,LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 09-425 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 PHH US MORTGAGE CORPORATION Plaintiff(s) From MICHAEL T.PANDOLFI,JULIE K.PANDOLFI (l) 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 gamishee(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: $67,652.61 L.L.: Interest FROM 4/2/2011 TO DATE OF SALE($11.12 PER DIEM)-$6,827.68 Atty's Comm: % Due Prothy: $2.25 Atty Paid:S 1170.7't Other Costs: Plaintiff Paid: Date: 8/31/12 -i) aay'L David D. Buell,Prothonotary (Seal) Deputy REQUESTING PARTY: Name: MELISSA J.CANTWELL,ESQUIRE Address:PHELAN HALLINAN& SCHMIEG,LLP 1617 JFK BOULEVARD,SUITE 1400 FROM RECORD PHILADELPHIA,PA 19103 TRUE COPY In Tes!imany whereof, I here unto set my hand Attorney for:PLAINTIFF , ,, seal of said Court at Carlisle,Pa. Telephone: 215-563-7000 This_ -91 day of 'ro�onotary Supreme Court ID No.308912 On September 5, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA, known and numbered 3 Melwood Street a/k/a 3 M-ell rood. Street a/k/a 3 Melwood Lane a/k/a 3 Mellwood bane, Mechanicsburg, PA 17055 fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 5, 2012 By Claudia Brewbaker, Real Estate Coordinator E 1 -11 a h- d3S 110Z CUMBERLAND LAW JOURNAL Writ No.2009-425 Civil Term PHH MORTGAGE CORPORATION VS. MICHAEL T. PANDOLFI, Julie Kay Pandolft Atty.:Daniel Schmieg By virtue of a Writ of Execu- tion NO. 09-425-CIVIL, PH MORT- GAGE CORPORATION f/k/a.PHH US MORTGAGE CORPORATION vs. MI- CHAEL T.PANDOLFI,JULIE K.PAN- DOLFI,owner(s)of property situate in the TOWNSHIP OF SILVER SPRING, Cumberland County, Pennsylvania, being 3 MELWOOD STREET a/k/a 3 MELLWOOD STREET a/k/a 3 MELWOOD LANE a/k/a 3 MELL- WOOD LANE, MECHANICSBURG, PA 17050-2319. Parcel No. 38-18-1328-050. Improvements thereon:RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $67,652- .61. 75 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 Afflant 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. jisa Marie Coyne)Editor SWORN TO AND SUBSCRIBED before me this da 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. r 2020 Technology Pkwy Zhe atr lo twtw s S uite 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 D uphin in Miscellaneous Book"M", Volume 14, Page 317. avII iwm PNNMOWQAQE CORPORATION This ad ran on the date(s) shown below: M 10/26/12 111110CHAEL X MNDOLFI �O 11/02/12 BY virtue Writ t of Eaec�ti �f 11/09/12 r, Sworn taarrd subscribed (efore is y of November, 2012 A.D. MICHAEL T PANWM JULIE K PANDOLFi — owne'\s)ofP�pelty situate In the TOWNSHQ'OFSII.YER SPRING, Cumberland Colmty,Penngwania,being Notary Public (Municipality) 3 MELWOOD STREErA/K/A 3 MELLWOOD MEET AXA 3 COMMONWEALTH OF PENNSYLVANIA MELWOODLANE Notarial Seal A/K/A3MEILWOODLANE, Sherrie L.Owens,Notary Public MECHANICSBURG,PA 17050.2319 Lower Paxton Twp.,Dauphin County ERENTAMOUNT No.38-1&1328-050 My Commission Expires Nov.26,2015 or street address) MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES ent thereon:RESIDENTIAL $67,652.61 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 P1111 MORTGAGE CORPORATION, F /K/A PHH US MORTGAGE CORPORATION Plaintiff v. MICHAEL T. PANDOLFI JULIE K. PANDOLFI Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 12/06/2012 to Date of Sale ($12.32 per diem) TOTAL Note: Please attach description of property. PH # 688585 u lo. so CSC ti tt II 1. tr 4 10.0° lk ea g SO ottii Ot 11" COURT OF COMMON PLEAS CIVIL DIVISION NO.: 09- 425 -CIVIL CUMBERLAND COUNTY $74,935.03 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff tt3- as d CY..4 137sqi ,t-4(1)s4 LEGAL DESCRIPTION ALL THAT CERTAIN house and lot of ground situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the Southern line of a fifty (50) foot Street, said point being two hundred seventy- two and twenty-five hundredths (272.25) feet measured along the southern line of said fifty (50) foot Street, westwardly from the center line of Township Route No. 596; thence southwardly along lands now or formerly of Bruce C. Mellinger and parallel with an intersecting fifty (50) foot right-of-way, a distance of one hundred ninety-one and twenty-five hundredths (191.25) feet to a point; thence westwardly on a line parallel with the first mentioned fifty (50) foot street, a distance of sixty-eight and six hundredths (68.06) feet to a point at lands of Chester L. Richwine and Marilyn H. Richwine, his wife; thence northwardly along said Richwine lands on a line parallel with said intersecting fifty (50) foot right-of-way, a distance of one hundred ninety-one and twenty-five hundredths (191.25) feet to the first mentioned fifty (50) foot street; thence eastwardly along said fifty (50) foot street, a distance of sixty-eight and six hundredths (68.06) feet to a point, the place of BEGINNING. BEING Lot 1-A in Mellwood Development, said lot being a part of Lots Nos. 3, 4 and 5 as shown on the Plan of Mellwood Farm, recorded in the Cumberland County Recorder's Office in Plan Book 4, Page 18. HAVING thereon erected a single dwelling house. TITLE TO SAID PREMISES VESTED IN Michael T. Pandolfi, by Deed from Michael T. Pandolfi and Julie Pandolfi, h/w, dated 03/03/1995, recorded 09/25/1995 in Book 127, Page 727. PREMISES BEING: 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET A/K/A 3 MELLOOD LANE A/K/A 3 MELWOOD LANE, MECHANICSBURG, PA 17050-2319 PARCEL NO. 38-18-1328-050 PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis @PhelanHallinan.com 215 -563 -7000 t Frf Fl G t rrn COW- PENNSYLVANIA PHH MORTGAGE CORPORATION, F /K/A PHH US MORTGAGE CORPORATION Plaintiff v. MICHAEL T. PANDOLFI JULIE K. PANDOLFI Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 09-425-CIVIL : CUMBERLAND COUNTY The undersigned attorney hereby states that he /she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: the mortgage is an FHA Mortgage the premises is non -owner occupied the premises is vacant Act 91 procedures have been fulfilled Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11 -1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHH MORTGAGE CORPORATION, F /K/A PHH US MORTGAGE CORPORATION Plaintiff v. MICHAEL T. PANDOLFI JULIE K. PANDOLFI Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 COURT OF COMMON PLEAS CIVIL DIVISION NO.: 09- 425 -CIVIL CUMBERLAND COUNTY PHH MORTGAGE CORPORATION, F/K /A PHH US 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 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET A/K/A 3 MELLOOD LANE A /K /A 3 MELWOOD LANE, MECHANICSBURG, PA 17050 -2319. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) MICHAEL T. PANDOLFI 2. Name and address of Defendant(s) in the judgment: Name MICHAEL T. PANDOLFI JULIE K. PANDOLFI 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET A /K/A 3 MELLOOD LANE A/K/A 3 MELWOOD LANE, MECHANICSBURG, PA 17050 -2319 roc°, 0 171 Li 77, Address (if address cannot be reasonably ` ascertained, please so indicate) ;> 3 MELWOOD STREET A /K/A 3 MELLWOOD STREET A /K/A 3 MELLOOD LANE A /K/A 3 MELWOOD LANE MECHANICSBURG, PA 17050 -2319 104 HAMILTON STREET, APARTMENT A 17 HARRISBURG, PA 17102 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) CUMBERLAND COUNTY ADULT PROBATION PHH MORTGAGE CORPORATION PH # 688585 1 COURTHOUSE SQUARE CARLISLE, PA 17013 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) BANK OF AMERICA, NA, AS S /B /M /T /T, ONE GATEWAY CENTER, 9TH FLOOR LASALLE BANK NATIONAL ASSOCIATION, PITTSBURGH, PA 15222 FKA, LASALLE NATIONAL BANK, IN ITS CAPACITY AS INDENTURE TRUSTEE ET AL C/O GRENIN & BIRSIC, PC BANK OF AMERICA, NA, AS S /B /M/T /T, 370 SOUTH CLEVELAND AVENUE LASALLE BANK NATIONAL ASSOCIATION, WESTERVILLE, OH 43081 FKA, LASALLE NATIONAL BANK, IN ITS CAPACITY AS INDENTURE TRUSTEE UNDER THAT CERTAIN SALE AND SERVICING AGREEMENT ET AL 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT /OCCUPANT COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION PH # 688585 3 MELWOOD STREET A /K/A 3 MELLWOOD STREET A /K/A 3 MELLOOD LANE A /K/A 3 MELWOOD LANE MECHANICSBURG, PA 17050-2319 6TH FLOOR, STRAWBERRY SQ. DEPT 280601 HARRISBURG, PA 17128 DEPARTMENT OF PUBLIC WELFARE, TPL CASUALTY UNIT, ESTATE RECOVERY PROGRAM DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE INTERNAL REVENUE SERVICE ADVISORY U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108 -1754 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. Date: (77 /e /// PH # 688585 By Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215 -563 -7000 PHH MORTGAGE CORPORATION, F /K/A PHH US MORTGAGE CORPORATION vs. MICHAEL T. PANDOLFI JULIE K. PANDOLFI : COURT OF COMMON PLEAS : CIVIL DIVISION Plaintiff : : NO.: 09-425-CIVIL Defendant(s) : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MICHAEL T. PANDOLFI JULIE K. PANDOLFI 3 MELWOOD STREET A/KA 3 MELLWOOD STREET A/K/A 3 MELWOOD LANE A/K/A 3 MELLWOOD LANE MECHANICSBURG, PA 17050 -2319 JULIE K. PANDOLFI 104 HAMILTON STREET, APARTMENT A 17 HARRISBURG, PA 17102 17' C-, **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 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET A/K/A 3 MELLOOD LANE A/K/A 3 MELWOOD LANE, MECHANICSBURG, PA 17050 -2319 is scheduled to be sold at the Sheriffs Sale on 09/03/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $74,935.03 obtained by PHH MORTGAGE CORPORATION, F/K/A PHH US 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 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. 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. ".t. 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. 09- 425 -CIVIL PHH MORTGAGE CORPORATION, F /K/A PHH US MORTGAGE CORPORATION v. MICHAEL T. PANDOLFI JULIE K. PANDOLFI owner(s) of property situate in the TOWNSHIP OF Silver Spring Township, CUMBERLAND County, Pennsylvania, being 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET A/K/A 3 MELLOOD LANE A/K/A 3 MELWOOD LANE, MECHANICSBURG, PA 17050 -2319 Parcel No. 38 -18- 1328 -050 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $74,935.03 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN house and lot of ground situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the Southern line of a fifty (50) foot Street, said point being two hundred seventy- two and twenty-five hundredths (272.25) feet measured along the southern line of said fifty (50) foot Street, westwardly from the center line of Township Route No. 596; thence southwardly along lands now or formerly of Bruce C. Mellinger and parallel with an intersecting fifty (50) foot right -of -way, a distance of one hundred ninety-one and twenty-five hundredths (191.25) feet to a point; thence westwardly on a line parallel with the first mentioned fifty (50) foot street, a distance of sixty-eight and six hundredths (68.06) feet to a point at lands of Chester L. Richwine and Marilyn H. Richwine, his wife; thence northwardly along said Richwine lands on a line parallel with said intersecting fifty (50) foot right -of -way, a distance of one hundred ninety-one and twenty-five hundredths (191.25) feet to the first mentioned fifty (50) foot street; thence eastwardly along said fifty (50) foot street, a distance of sixty-eight and six hundredths (68.06) feet to a point, the place of BEGINNING. BEING Lot 1 -A in Mellwood Development, said lot being a part of Lots Nos. 3, 4 and 5 as shown on the Plan of Mellwood Farm, recorded in the Cumberland County Recorder's Office in Plan Book 4, Page 18. HAVING thereon erected a single dwelling house. TITLE TO SAID PREMISES VESTED IN Michael T. Pandolfi, by Deed from Michael T. Pandolfi and Julie Pandolfi, h /w, dated 03/03/1995, recorded 09/25/1995 in Book 127, Page 727. PREMISES BEING: 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET A/K/A 3 MELLOOD LANE A/K/A 3 MELWOOD LANE, MECHANICSBURG, PA 17050 -2319 PARCEL NO. 38-18-1328-050 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net PHH MORTGAGE CORPORATION, F /K/A PHH US MORTGAGE CORPORATION Vs. NO 09 -425 Civil Term CIVIL ACTION — LAW MICHAEL T. PANDOLFI JULIE K. PANDOLFI WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $74,935.03 L.L.: Interest FROM 12/6/2012 TO DATE OF SALE ($12.32 PER DIEM) Atty's Comm: Due Prothy: $2.25 Atty Paid: $2,115.01 Other Costs: Plaintiff Paid: Date: 4/21/14 ! 2,24e.eid 1 _ David D. Buell, Prothonotary. QY: (Seal) REQUESTING PARTY: Name: ADAM H. DAVIS, ESQUIRE Address: PHELAN HALLINAN, LLP 1617 JFK BLVD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215- 563 -7000 Supreme Court ID No. 203034 Deputy PRAECIPE TO ENTER JUDGMENT PURSUANT TO COURT ORDER COURT OF COMMON PLEAS PHH MORTGAGE CORPORATION, F /K/A PHH US MORTGAGE CORPORATION CIVIL DIVISION Plaintiff 09-- NO.: CIVIL' v. CUMBERLAND COUNTY MICHAEL T. PANDOLFI JULIE K. PANDOLFI Defendant(s) To the Prothonotary: 5 PRAECIPE TO ENTER JUDGMENT PURSUANT TO COURT ORDER Kindly Enter Judgment per the Court Order dated 11/13/2012 in favor of the Plaintiff and against, Michael T. Pandolfi and Julie K. Pandolfi, defendant(s). As Set Forth in the Order $74,935.03 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PH # 688585 0m,A p•50ixi a ! CAL* ILiDl.cei?� 30LllnS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION Civil Division VS. No. 09-425-CIVIL MICHAEL T. PANDOLFI JULIE K. PANDOLFI ORDER AND NOW, this day of , 2011 upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, JULIE K. PANDOLFI, by: 1. Posting of the premises: 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET, MECHANICSBURG, PA 17050-2319 by the Sheriff or a non-party competent adult; 2. First class mail, to JULIE K PANDOLFI and at the last known address, 104 HAMILTON STREET, APARTMENT A17, HARRISBURG, PA 17102, and the mortgaged premises located at 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET, MECHANICSBURG, PA 17050-2319; and 3. Publication in accordance with PA. R.C.P. 430. It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to assure compliance with this court order. Cc: JULIE K. PANDOLFI 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET MECHANICSBURG, PA 17050-2319 JULIE K. PANDOLFI 104 HAMILTON STREET, APARTMENT All HARRISBURG, PA 17102 PHS# 194692 / HZC 2 C=D Escrow Deficit TOTAL $5,553.71 $74,935.03 Plus interest 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: /5( a4eet-41- CTN 194692 'AFFIDA VIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION PH # 688585 DEFENDANT MICHAEL T. PANDOLFI JULIE K. PANDOLFI SERVE MICHAEL T. PANDOLFI AT: 3 MELWOOD STREET ***SEE NOTES FOR FULL ADDRESS** MECHANICSBURG, PA 17050-2319 SERVED SERVICE TEAM/ lxh COURT NO.: 09 -425 -CIVIL TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: September 3, 2014 Served and made known to MICHAEL T. PANDOLFI, Defendant on the, AD day of ,t4/1 y , 20 /4-, at g:45, o'clock _p. M., at 3 MELwook. STS MFctMrhutcs8d/4,A,4in the manner described below: _ Defendant personally served. n r m ✓Adult family member with whom Defendant(s) reside(s). Relationship is 'o Al • ccl, r— Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). < cD Agent or person in charge of Defendant's office or usual place of business. T' an officer of said Defendant's company.~ r c-� > N �` rte= C r • Other: Description: Age a0 S Height 51,1" Weight 1(,S Race h/ Sex /V Other Ronald Moll , a competent adult, hereby verify 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. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 5 3 14 NAME: PRINTED NAME: Ronald Moll TITLE: Process Server NOT SERVED On the day of,20 , at o'clock . M., I, state that Defendant NOT FOUND ecause: Vacant _ Does Not Exist _ Moved Does Not Reside (Not Vacant) _ No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. , a competent adult hereby BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 Property Inspections Appraisal/Brokers Price Opinion Escrow to be Paid Escrow Deficit $140.75 $100.00 $975.18 $8,913.96 TOTAL $88,184.47 8. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 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 Defendants. 10. Plaintiffs foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 11. 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 June 11, 2014 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "E". 12. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Albert H. Masland entered an order granting Plaintiffs Motion to Reassess Damages dated November 13, 2012. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: (01)21iy By: Phelan Hallinan, LLP Justin''' Kobeski, Esquire A ' RNEY FOR PLAINTIFF 688585 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION Plaintiff v. MICHAEL T. PANDOLFI JULIE K. PANDOLFI Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 09 -425 -CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE MICHAEL T. PANDOLFI and JULIE K. PANDOLFI 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 3 MELWOOD STREET, A/K/A 3 MELLWOOD STREET A/K/A 3 MELLWOOD LANE A/K/A 3 MELWOOD LANE, MECHANICSBURG, PA 17050- 2319. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be 688585 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. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 688585 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 mortgagor s 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 688585 Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem 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 Sheriffs 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. 688585 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 Plaintiffs 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 Act 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 Notice, 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 lawsuit. The Mortgage specifically provides for Plaintiff s recovery 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 enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee often percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton 688585 Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriffs sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on 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 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by 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 688585 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 recover the costs of suit and title in their entirety;which will not cause harm to the Defendants. VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The 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 may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender 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 valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor 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 code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. 688585 Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve ifs collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff s Motion to Reassess Damages. IX. 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: By: Phelan Hallinan, LLP �/ Justin F/ obes , , Esquire Atto; .=y for Plaintiff 688585 1 688585 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua L Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No, 206779 Andrew C. Bramhlett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 4 0 Attorney for Plaintiff NM MORTGAGE CORPORATION, : CUMBERLAND COUNTY FIKIA P1111 US MORTGAGE CORPORATION : COURT OF COMMON PLEAS vs. : CIVIL DIVISION MICHAEL T. PANDOLFI • No. 09 -425 -CIVIL JULIE K. PANDOLFI PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES 4.0 194692 TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against MICHAEL T. PANDOLFI, and JULIE K. PANDOLFI, 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 Interest - 01/24/2009 to 04/01/2011 TOTAL $58,371.87 $9,280.74 $67,652.61 I hereby certify that (1) the Defendants' last known addresses are 3 MELWOOD STREET, MECHANICSBURG, PA 17050-2319, A/K/A 3, MELL WORD STREET, MECHANICSBURG, PA 17050-2319 and 104 HAMILTON STREET, APARTMENT A 17, HARRISBURG, PA 17102 (2) that notice has been given in accordance with Rule 237.1, copy attached. ❑ Lawrence T. ' sq., Id. No. 32227 ❑ Francis S. Hal , Esq., Id. No. 62695 ❑ Daniel G. Schmieg, Esq., Id. No. 62205 ❑ Michele M. Bradford, Esq., Id. No. 69849 ❑ J dith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah -Dani, 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 ❑ 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 ❑ Allison F. Wells, Esq., Id. No. 309519 ❑ William E. Miller, Esq., Id. No. 308951 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: y- `o/ PHS # 194692 194692 Exhibit "B" 688585 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION, F/.K/A PHH Court of Common Pleas US MORTGAGE CORPORATION Plaintiff Civil Division CUMBERLAND County vs... MICHAEL T. PANDOLFI No.: 09 -425 -CIVIL JULIE K. PANDOLFI Defendants ORDER ttt AND NOW, this / 3 day of `it� , 2012, 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 tune as follows: Principal Balance Interest Through December 5, 2012 Per Diem $10.88 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Preservation Appraisal/Brokers Price Opinion $49,631.71 $12,941.44 $242.30 $2,000.00 $3,650.35 $674.77 $140.75 $100.0(.) 194692 Escrow Deficit TOTAL Plus interest at six percent per annum. $5,553.71 $74,935.03 Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT: is/ aled `(' / JAY J. CS -o m r.4 194692 Exhibit "C" 688585 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: : CHAPTER 13 MICHAEL T. PANDOLFI, Debtor : CASE NO. 1:11-bk 05086 MDF ORDER DISMISSING CASE UPON CONSIDERATION of this Court's Order directing Debtor to appear and show cause why the above -captioned case should not be dismissed at a hearing to be held on Wednesday, June 27, 2012, and with no appearance by Debtor or Debtor's counsel at said hearing, it is hereby: ORDERED that the above -captioned case of the Debtor is DISMISSED. Date: June 27, 2012 By the Court, Case 1:11-bk-05086-MDF Doc 72 Filed 06/27/12 Entered 06/27/12 14:26:20 Desc Main Document Paae 1 of 1 Exhibit"D" 688585 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: MICHAEL THOMAS PANDOLFI Debtor(s) CHARLES J DEHART III CHAPTER 13 TRUSTEE Movant(s) vs. MICHAEL THOMAS PANDOLFI Respondent(s) Chapter: 13 Case Number: 1:12-bk-06811 RNO ORDER DISMISSING CASE Upon consideration of the Trustee's Certificate of Default of Stipulation in settlement of the Trustee's prior Motion to Dismiss case for material default and it having been determined that this case should be dismissed, it is ORDERED that the above-named case of the debtor(s) be and it hereby is dismissed. Dated: October 23, 2013 By the Court, aiext 44 31" Robert N. Opel, 11, Bankruptcy Judge (111) MDPA-Dismiss Case.WPT - REV 09/12 Case 1:12-bk-06811-RNO Doc 48 Filed 10/23/13 Entered 10/23/13 14:09:51 Desc Main Document Page 1 of 1 Exhibit "E" 688585 PHELAN HALLINAN, LLP 1'61`7 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 1.9103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania June 2, 2014 MICHAEL T. PANDOLFI 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET A/K/A 3 MELLWOOD LANE A/K/A 3 MELWOOD LANE MECHANICSBURG, PA 17050-2319 JULIE K. PANDOLFI 104 HAMILTON STREET APARTMENT A 17 HARRISBURG, PA 17102 RE: PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION v, MICHAEL T. PANDOLFI and JULIE K. PANDOLFI Premises Address: 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET A/K/A 3 MELLWOOD LANE A/K/A 3 MELWOOD LANE MECHANICSBURG, PA 17050 CUMBERLAND County CCP, No. 09 -425 -CIVIL 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 6/7/2014. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very trill. 'ours, F. (:obes-°1, Esq., Id. No.200392 AU ney for Plaintiff Enclosure 688585 Name and Address Of Sender as* Article Number 11111111 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadel.hia, PA 19103 Name of Addressee, Street, and Post Office AdJOH dress MICHAEL T. PANDOLFI JULIE K. PANDOLFI 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET A/K/A 3 MELLWOOD LANE A/K/A 3 MELWOOD LANE MECHANICSBURG, PA 17050-2319 MICHAEL T. PANDOLFI 12 RICHLAND LANE APARTMENT B CAMP HILL, PA 17011-2406 MICHAEL T. PANDOLFI JULIE K. PANDOLFI 104 HAMILTON STREET APARTMENT A 17 HARRISBURG PA 17102 JULIE K. PANDOLFI 12 RICHLAND LN APT 13 CAMP HILL, PA 17011-2406 RE: MICHAEL T. PANDOLFI CUMBERLAND PH # 688585/1200 `Total Number of Pieces Listed by Sender Form 3877 Facsimile Total Number of Pieces Received at Post Office Postmaster, Pa (Name of Receiving Employee) Pa e1of1 The full declaration of value is required on all domestic and international registered mail. The maximum indemnity for the reconstruction of nonnegotiable documents under Express Mail document reconstruction insurance is S30,000 per piece subject to a limit of S500,000 Payable The maximum indemnity limit per occurrence. The maximum indemnity payable on Express Mail merchandise is 8500. Payabo is 5fcover for registered mail, sent with optional insurance. Sea Domestic Mail ,Manual The 5 xi 3 and S921 or limitations is of 5,000 a Posta e 50.47 80.47 80.47 50.47 51.88 f r� ..UN 22W4 688585 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103. justin.kobeski@phelanhallinan.com 215-563-7000 ATTORNEY FOR PLAINTIFF PHH MORTGAGE CORPORATION, F/K/A PHH : Court of Common Pleas US MORTGAGE CORPORATION Plaintiff Civil Division v. CUMBERLAND County MICHAEL T. PANDOLFI No.: 09 -425 -CIVIL JULIE K. PANDOLFI Defendants 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. MICHAEL T. PANDOLFI MICHAEL T. PANDOLFI JULIE K. PANDOLFI 12 RICHLAND LANE 3 MELWOOD STREET A/K/A 3 APARTMENT B MELLWOOD STREET A/K/A 3 CAMP HILL, PA 17011-2406 MELLWOOD LANE A/K/A 3 MELWOOD LANE JULIE K. PANDOLFI MECHANICSBURG, PA 17050-2319 12 RICHLAND LN APT B MICHAEL T. PANDOLFI CAMP HILL, PA 17011-2406 JULIE K. PANDOLFI 104 HAMILTON STREET APARTMENT A 17 HARRISBURG, PA 17102 DATE: az/# By: Phelan an, LLP Jus ' F. Kobe , Esquire TORNEY OR PLAINTIFF 688585 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania June 11, 2014 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION v. MICHAEL T. PANDOLFI and JULIE K. PANDOLFI CUMBERLAND County CCP, No. 09 -425 -CIVIL Dear Sir or Madam: Enclosed for filing please find Motion to Reassess Damages, Brief in Support thereof, and Certification of Service with regard to the above captioned matter. Kindly return a time -stamped copy of the enclosed in the self-addressed stamped envelope provided for your convenience. Very truly yours, Justin F. Kobeski, Esq., Id. No.200392 Attorney for Plaintiff Enclosure cc: MICHAEL T. PANDOLFI JULIE K. PANDOLFI 688585 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PHH MORTGAGE CORPORATION, F/K/A PHH : Court of Common Pleas US MORTGAGE CORPORATION Plaintiff Civil Division v. CUMBERLAND County MICHAEL T. PANDOLFI No.: 09 -425 -CIVIL JULIE K. PANDOLFI Defendants RULE AND NOW, this f?'. day of ()w,.�a. 2014, 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. BY THE COURT 688585 ustin F. Kobeski, Esq., Id. No.200392 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 _ICHAEL T. PANDOLFI JULIE K. PANDOLFI 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET A/K/A 3 MELLWOOD LANE A/K/A 3 MELWOOD LANE MECHANICSBURG, PA 17050-2319 MICHAEL T. PANDOLFI JULIE K. PANDOLFI 104 HAMILTON STREET APARTMENT A 17 HARRISBURG, PA 17102 _HAEL T. PANDOLFI 12 RICHLAND LANE APARTMENT B CAMP HILL, PA 17011-2406 , 1 LIE K. PANDOLFI 12 RICHLAND LN APT B CAMP HILL, PA 17011-2406 688585 688585 Phelan Hallinan_ LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION, F/K/A PHH : US MORTGAGE CORPORATION Plaintiff vs. MICHAEL T. PANDOLFI JULIE K. PANDOLFI Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's June 17, 2014 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 date indicated below. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 09 -425 -CIVIL MICHAEL T. PANDOLFI JULIE K. PANDOLFI 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET A/K/A 3 MELLWOOD LANE A/K/A 3 MELWOOD LANE MECHANICSBURG, PA 17050-2319 MICHAEL T. PANDOLFI JULIE K. PANDOLFI 104 HAMILTON STREET APARTMENT A 17 HARRISBURG, PA 17102 DATE: 0172 By: MICHAEL T. PANDOLFI 12 RICHLAND LANE APARTMENT B CAMP HILL, PA 17011-2406 JULIE K. PANDOLFI 12 RICHLAND LN APT B CAMP HILL, PA 17011-2406 Phelan Ha , LLP Justin ' obeski, Esq., Id. No.200392 Att•, ey for Plaintiff cD 688585 OFA' T,�Ni"QCO. Phelan Hallinan, LLP �?� Jonathan Lobb, Esq., Id. No.312174 fl iipt:, ATTORNEY FOR PLAINTIFF One Penn 1617 JFK Boulevard, Suite 1400DUHBERL, ND Philadelphia, PA Plazanter 9103 PEN yLy�����`T �� Jonathan.Lobb@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION, F/K/A PHH : US MORTGAGE CORPORATION Plaintiff vs. MICHAEL T. PANDOLFI JULIE K. PANDOLFI Defendants MOTION TO MAKE RULE ABSOLUTE Court of Common Pleas Civil Division CUMBERLAND County No.: 09 -425 -CIVIL PHH MORTGAGE CORPORATION, F/K/A PHH US 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 June 13, 2014. 2. A Rule was issued by the Honorable Judge Kevin A. Hess on or about June 17, 2014 directing the Defendants to show cause by July 7, 2014 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit A. 3. The Rule to Show Cause was timely served upon all parties on June 26, 2014 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. 4. Defendants failed to respond or otherwise plead by the Rule Returnable date of July 7, 2014. 688585 3 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: WI /IV B Phelan Hallinan, LLP nathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff 4 688585 Exhibit "A" 688585 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PHH MORTGAGE CORPORATION, F/KJA PHH : Court of Common Pleas US MORTGAGE CORPORATION Plaintiff • Civil Division, V. CUMBERLAND County MICHAEL T. PANDOLFI No.: 09 -425 -CIVIL JULIE K. PANDOLFI Defendants RULE AND NOW, this4 day of 2014, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiffs 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. BY THE COURT 688585 Justin F. Kobeski, Esq., Id. No.200392 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia; PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 MICHAEL T. PANDOLFI JULIE K. PANDOLFI 3 MELWOOD STREET A/KJA 3 IVIELLWOOD STREET A/K/A 3 MELLWOOD LANE A/K/A 3 MELWOOD LANE MECHANICSBURG, PA 17050-2319 MICHAEL T. PANDOLFI JULIE K. PANDOLFI 104 HAMILTON STREET APARTMENT A 17 HARRISBURG, PA 17102 MICHAEL T. PANDOLFI 12 RICHLAND LANE APARTMENT B CAMP HILL, PA 17011-2406 JULIE K. PANDOLFI 12 RICHLAND LN APT B CAMP HILL, PA 17011-2406 688585 688585 Exhibit `B" 688585 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Perm Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION Plaintiff vs. MICHAEL T. PANDOLFI JULIE K. PANDOLFI Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 09 -425 -CIVIL CERTIFICATION OF SERVICE ENV° I hereby certify that a true and correct copy of the Court's June 17, 201'4 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 date indicated below. .,W74i‘.%, :‘,‘4A\A 10:01, +— Pk MICHAEL T. PANDOLFI JULIE K. PANDOLFI 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET A/K/A 3 MELLWOOD LANE A/K/A 3 MELWOOD LANE MECHANICSBURG, PA 17050-2319 MICHAEL T. PANDOLFI JULIE K. PANDOLFI 104 HAMILTON STREET APARTMENT A 17 HARRISBURG, PA 17102 DATE: J7Zaffi By: Just A MICHAEL T. PANDOLFI 12 RICHLAND LANE APARTMENT B CAMP HILL, PA 17011-2406 JULIE K. PANDOLFI 12 RICHLAND LN APT B CAMP HILL, PA 17011-2406 Phelan Ha LLP eski, E., Id. No.200392 ey for Plaintiff (.7:n -7J cD 688585 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION, F/K/A PHH : US MORTGAGE CORPORATION Plaintiff vs. MICHAEL T. PANDOLFI JULIE K. PANDOLFI Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 09 -425 -CIVIL MICHAEL T. PANDOLFI JULIE K. PANDOLFI 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET A/K/A 3 MELLWOOD LANE A/K/A 3 MELWOOD LANE MECHANICSBURG, PA 17050-2319 MICHAEL T. PANDOLFI 12 RICHLAND LANE APARTMENT B CAMP HILL, PA 17011-2406 JULIE K. PANDOLFI 12 RICHLAND LN APT B CAMP HILL, PA 17011-2406 688585 MICHAEL T. PANDOLFI JULIE K. PANDOLFI 104 HAMILTON STREET APARTMENT A 17 HARRISBURG, PA 17102 DATE: 7(f�(� B Phelan Hallinan, LLP athan Lobb, Esq., Id. No.312174 Attorney for Plaintiff 688585 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION, F/K/A PHH : Court of Common Pleas US MORTGAGE CORPORATION Plaintiff Civil Division cj »., vs. CUMBERLAND C i = _. risco r__ r n c: -z MICHAEL T. PANDOLFI No.: 09 -425 -CIVIL : JULIE K. PANDOLFI Defendants ORDER AND NOW, this /yday of 9 , 2014, 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 captioned matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance Interest Through June 1, 2014 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/Brokers Price Opinion Escrow to be Paid Escrow Deficit TOTAL Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. $49,125.34 $17,685.00 $242.30 $3,200.00 $4,801.94 $3,000.00 $140.75 $100.00 $975.18 $8,913.96 $88,184.47 688585 PHELAN HALLINAN, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION, F/K/A PHH . US MORTGAGE CORPORATION Plaintiff vs. MICHAEL T. PANDOLFI JULIE K. PANDOLFI Defendants 0i-7TF } %D -O ICE ROTHONOTAki 2014 JUL 28 Ari /U: 02 CUMBERLAND PENNSYLVAN/A Y CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 09 -425 -CIVIL AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail, to JULIE K. PANDOLFI on6/18/2014 in accordance with the Order of Court dated 2/1/2011. The property was posted on 5/23/2014. Publication was advertised in The Sentinel on 6/24/2014 & in The Cumberland Law Journal on 6/27/2014. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. Phelan Hallinan, LLP DATE: By: Jonan Lobb, Esq., Id. No.312174 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION rnw rn Civil Division r"' VS. No. 09 -425 -CIVIL —<3> MICHAEL T. PANDOLFI < o JULIE K. PANDOLFI x ORDER AND NOW, this day of ,041,44✓ , 2011 upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, JULIE K. PANDOLFI, by: 1. Posting of the premises: 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET, MECHANIC.SBURG, PA 17050-2319 by the Sheriff or a non-party competent adult; 2: First class mail to JULIE K. PANDOLFI and at the last known address, 104 HAMILTON STREET, APARTMENT A17, HARRISBURG, PA 17102, and the mortgaged premises located at 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET, MECHANICSBURG, PA 17050-2319; and 3. Publication in accordance with PA. R.C.P. 430. It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to assure compliance with this court order. Cc: JULIE K. PANDOLFI 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET MECHANICSBURG, PA 17050-2319 JULIE K. PANDOLFI 104 HAMILTON STREET; APARTMENT A l7 HARRISBURG, PA 17102 PHS# 194692 / HZC 2 CD -4 s r1-- -40 CJ--!, CI • Crt --C Name and _L AddressMEP of PHELAN HALLINAN, LLP ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA. PA 19103-1814 0 Lioc Article Number Name of Addressee, Street, and Post Office Address Postage Postag g g CR A 4 ui cs, c EL tsl 0 s ••tti. • : 1 g , r a 0 ' . 1 JULIE K. PANDOLFI . ., 104 HAMILTON STREET, APARTMENT A 17 HARRISBURG, PA 17102 2 **** JULIE K. PANDOLFIv1../ 3 MEL WOOD STREET A/KA 3 MELLWOOD STREET A/K/A 3 MEL WOOD LANE A/K/A . 3 MELLWOOD LANE MECHANICSBURG, PA 17050-2319 3 • , 4 , 4' 5 • 6 43mr 6 7 8 PHS# 688585 Total Number of Pieces Listed by Sender Total Number of Pieces Received at Post Office Postmaster, Per (Name of Receiving Employee) sAS/NOS-CERTIFICATE OF MAILING - 'ODE 1020 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY PHIR MORTGAGE CORPORATION, F/KJA PHH US MORTGAGE CORPORATION PH # 688585 DEFENDANT MICHAEL T. PANDOLFI JULIE K. PANDOLFI SERVE JULIE K. PANDOLFI AT: 3 MELWOOD STREET ***SEE NOTES FOR FULL ADDRESS** MECHANICSBURG, PA 17050-2319 **PLEASE POST PROPERTY IF UNABLE TO OBTAIN SUCCESSFUL SERVICE**PLEASE POST PROPERTY ON YOUR LAST ATTEMPT** SERVICE TEAM/ Ixh COURT NO.: 09 -425 -CIVIL TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: September 3, 2014 SERVED •Served and niade,known to JULIE K. PANDOLFI, Defendant on the ?3'Iday of, 20 (4, at , o'clock„? M., at. 5 MEI.waGP STt Alt Ei2(4 Mcs3U44 4 in the manner described be ow. Defendiint personally served. _ Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: POST » Pllo Pks-T. Description: Age • . Height Weight . Race Sex Other Pehre b I, _ Ronald Moll ; a competent adult, hereby verify that I personallylautied 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. I understand that this statement is made subject to the , itilties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 511344 NAME: PRINTED NAME: Ronald Moll Procccc Server TITLE: NOT SERVED On the dayof 20 at o'clock _. M. I a competent adult hereby state that Defendnt NOT FOUND because: _ Vacant _ Does Not. Exist _ Moved IL Does Not Reside (Not Vacant) _No Answer on 515114 at IA:30 pets 51I414 at la:co 'p►k Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 LsC??Y?Lks� PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Patrick Doane, Production Director, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of Tune 24, 2014. COPY OF NOTICE OF PUBLICATION NOTICE OF SHERIFF'S SALE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09 -425 -CIVIL PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION v. MICHAEL T. PANDOLFI and JULIE K. PANDOLFI NOTICE TO: JULIE K. PANDOLFI NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Being Premises: 3 MELWOOD STREETA/KA 3 MELLWOOD STREET A/K/A 3 MELWOOD LANE A/K/A3 MELLWOOD LANE, MECHANICSBURG, PA 17050-2319 Being in SILVER SPRING TOWNSHIP, County of CUMBERLAND, Commonwealth of Pennsylvania, 38-18-1328-050 Improvements consist of residential property. Sold as the property of MICHAEL T. PANDOLFI and JULIE K. PANDOLFI Your house (real estate) at 3 MELWOOD STREET A/KA 3 MELLWOOD 1 STREET A/K/A 3 MELWOOD LANE A/K/A3 MELLWOOD LANE, MECHANICSBURG, PA 17050-2319 is scheduled to be sold at the Sheriffs fSale on 9/03/2014 at 10:00 AM, at the CUMBERLAND County Courthouse, 1 Courthouse Square, Room 303, Carlisle, PA 17013, to enforce the Court Judgment of $67,652.61 obtained by, PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPRATION (the mortgagee), against the above premises. PHELAN HALLINAN, LLP LAttorney for Plaintiff Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me this ILO Nota Public My commission expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Bethany M. Ho by, Notary Public Carlisle Boro, Cumberland County My Commission Expires Sept. 26, 2015 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA . 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 June 27, 2014 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. �y isa arie Coy e, Editor SWORN TO AND SUBSCRIBED before me this 27 day of June, 2014 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO.. CUMBERLAND CNTY My Commission Expires Apr 28. 2018 7 , d CUMBERLAND LAW JOURNAL NOTICE OF SHERIFF'S SALE In the Court of Common Pleas of Cumberland County, Pennsylvania NO. 09 -425 -CIVIL PHH MORTGAGE CORPORATION f/k/a PHH US MORTGAGE CORPORATION V. MICHAEL T. PANDOLFI and JULIE K. PANDOLFI NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO: JULIE K. PANDOLFI Being Premises: 3 MELWOOD STREET a/k/a 3 MELLWOOD STREET a/k/a 3 MELWOOD LANE a/k/a 3 MELLWOOD LANE, ME- CHANICSBURG, PA 17050-2319. Being in SILVER SPRING TOWN- SHIP, County of CUMBERLAND, Commonwealth of Pennsylvania, 38-18-1328-050. Improvements consist of residen- tial property. Sold as the property of MICHAEL T. PANDOLFI and JULIE K. PAN- DOLFI. Your house (real estate) at 3 MELWOOD STREET a/k/a 3 MELL- WOOD STREET a/k/a 3 MELWOOD LANE a/k/a 3 MELLWOOD LANE, MECHANICSBURG, PA 17050-2319 is scheduled to be sold at the Sher- iff's Sale on September 3, 2014 at 10:00 A.M., at the CUMBERLAND County Courthouse, 1 Courthouse Square, Room 303, Carlisle, PA 17013, to enforce the Court Judg- ment of $67,652.61 obtained by, PHH MORTGAGE CORPORATION f/k/a PHH US MORTGAGE CORPORATION (the mortgagee), against the above premises. PHELAN HALLINAN, LLP Attorneys for Plaintiff June 27 7 PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION Plaintiff, v. MICHAEL T. PANDOLFI JULIE K. PANDOLFI Defendant(s) Attorney for Plaintiff : CIVIL DIVISION : No.: 09 -425 -CIVIL NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriffs Sale scheduled for 09/03/2014 at 10:00 AM in the above -captioned matter has been continued until 11/05/2014 at 10:00 AM. Date: PH # 688585 ///61/4" Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION Plaintiff, v. MICHAEL T. PANDOLFI JULIE K. PANDOLFI Defendant(s) CERTIFICATION OF SERVICE Attorney for Plaintiff : CIVIL DIVISION : No.: 09 -425 -CIVIL I hereby certify that true and correct copies of the foregoing Notice of the Date of Continued Sheriffs Sale and Certificate of Filing were served by regular mail on the person(s) on the date listed below: MICHAEL T. PANDOLFI 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET A/K/A 3 MELWOOD LANE A/K/A 3 MELLWOOD LANE MECHANICSBURG, PA 17050-2319 JULIE K. PANDOLFI 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET A/K/A 3 MELWOOD LANE A/K/A 3 MELLWOOD LANE MECHANICSBURG, PA 17050-2319 Date: PH # 688585 5/7/71/ JULIE K. PANDOLFI 104 HAMILTON STREET, APARTMENT A 17 HARRISBURG, PA 17102 Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff J PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 THE PROTHONOTArer 2014 AUG -14 tttd rie? dor Plaintiff CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION Plaintiff, v. MICHAEL T. PANDOLFI JULIE K. PANDOLFI Defendant(s) CUMBERLAND COUNTY . COURT OF COMMON PLEAS CIVIL DIVISION . No.: 09 -425 -CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(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". Date: ,e((7(y Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the 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. PH # 688585 Name and Address Of Sender Phelano LLP 1617JFK Boulevard, Supe 1400 One Penn Center Pim Philadelphia, PA 19103 AZWKRK - 09/03/2014 SALE • Line Ankle Number Name of Addressee, Street, and Post Office Address Postage rQ• •••• TENANT/OCCUPANT 30.47 3 MELWOOD STREET A/WA 3 MELWOOD LANE a * -a MECHANICSBURG. PA 17050-2319 i l .y 2 ..• BANK OF AMERICA, NA, AS S/B/M/T/T, LASALLE BANK NATIONAL ASSOCIATION, FKA. LASALLE NATIONAL BANK, IN ITS CAPACITY AS INDENTURE TRUSTEE ET Al.C/O GRENIN & BIRSIC, PC $0.47 ONE GATEWAY CENTER, 9TH FLOOR PITTSBURGH, PA 13222 • w t rA'iis 3 •••• BANK. OF AMERICA, NA, AS S/B/M/n/T, LASALLE BANK NATIONAL ASSOCIATION. FKA. LASALLE NATIONAL BANK, IN 50.47 ITS CAPACITY AS INDENTURE TRUSTEE UNDER THAT CERTAIN SALE AND SERVICING AGREEMENT ET AL e a o 0 370 SOUTH CLEVELAND AVENUE WESTERVILLE, OH 43031 • . tr.i 4 •••• COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION 50.47 6TH FLOOR. STRAWBERRY SQ. .-. DEPT 280601 •� HARRISBURG, PA 17128 5 •••• CUMBERLAND COUNTY ADULT PROBATION 'S0.47 1COURTHOUSESQUARE CARLISLE, PA 17013 • t p �,` t 6• • DEPARTMENT OF PUBLIC WELFARE, TPL CASUALTY UNIT, ESTATE RECOVERY PROGRAM P.O, BOX 8486 WILLOW OAK BUILDING HARRISBURG; PA 17105 df 50.47 •., 7 •••• PHH MORTGAGE CORPORATION S0.47 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 8 ""•• DOMESTIC RELATIONS OF $0.47 CUMBERLAND COUNTY 13 NORTH HANOVER STREET / CARLISLE, PA 17013 9 •••• COMMONWEALTH OF PENNSYLVANIA 3047 DEPARTMENT OF WELFARE P.O. BOX 2675 / HARRISBURG, PA 17105 10 •••', INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 50,47 1 PITTSBURGH, PA 15222 I I •••• U.S. DEPARTMENT OF JUSTICE 50.47 U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNUT STREET, SUITE 220 I► PO BOX 11754 HARRISBURG, PA 17108-1754 • $5.17 Total Number of Total Number of Pieces Postmaster, Per (Name of The till declaration of value is required on all domestic and International registered mail. The maximum Pieces Limed by Sender Re eived at Post Office Receiving Employee) indemnity payabk for the reconstruction of nonnegotiable documents under Express Mall dowment recon;buction insurance is 350.000 per piece subject to a limit of $500,000 per occurrence. The maximum Indemnity payable on Express Mail merchandise is $500. The maximum indemnity payable is 525.000 for registered nail. sent with optional insura ere. Sec Domestic Mail Manual R900 $913 and $921 for Ilmitatirms of coverage. Form 3877 Facsimile PHELAN HALLINAN, LLP Kenya Bates, Esq., Id. No.203664 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 kenya.bates@phelanhallinan corn 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION Plaintiff v. MICHAEL T. PANDOLFI JULIE K. PANDOLFI Defendant(s) Attorney for Plaintiff : CIVIL DIVISION : No.: 09 -425 -CIVIL NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriffs Sale scheduled for 11/05/2014 at 10:00 AM in the above -captioned matter has been continued until 01/07/2015 at 10:00 AM. Date: 10/ 7-01/ PH # 688585 Kenya Bates, Esq., Id. No.203664 Attorney for Plaintiff PHELAN HALLINAN, LLP Kenya Bates, Esq., Id. No.203664 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 kenya.bates@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION Plaintiff v. MICHAEL T. PANDOLFI JULIE K. PANDOLFI Defendant(s) CERTIFICATION OF SERVICE Attorney for Plaintiff : CIVIL DIVISION : No.: 09 -425 -CIVIL I hereby certify that true and correct copies of the foregoing Notice of the Date of Continued Sheriffs Sale and Certificate of Filing were served by regular mail on the person(s) on the date listed below: MICHAEL T. PANDOLFI JULIE K. PANDOLFI 3 MELWOOD STREET A/K/A, 104 HAMILTON STREET, APARTMENT A 3 MELLWOOD STREET A/K/A, 17 3MELWOOD LANE A/K/A, HARRISBURG, PA 17102 3MELLWOOD LANE MECHANICSBURG, PA 17050-2319 JULIE K. PANDOLFI 3 MELWOOD STREET A/K/A, 3 MELLWOOD STREET A/K/A, 3MELWOOD LANE A/K/A, 3MELLWOOD LANE MECHANICSBURG, PA 17050-2319 Date: ,1O/?JS,14/- PH # 688585 Kenya rtes, Esq., Id. No.203664 Attorney for Plaintiff Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 13 t e` , PHH Mortgage Corporation vs. Michael T. Pandolfi (et al.) Case Number 2009-425 SHERIFF'S RETURN OF SERVICE 06/23/2014 05:42 PM - Deputy Noah 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 3 Melwood St, AKA 3 Mellwood St, AKA 3 Mellood Lane AKA, 3 Melwood Lane, Mechanicsburg, PA 17050, Cumberland County. 07/29/2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 11/5/2014 10/22/2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 1/7/2015 12/15/2014 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: $785.50 SO ANSWERS, January 13, 2015 RONO R ANDERSON, SHERIFF 3/5---69- CouritvSu::e 4"aeriff, Teleoscft, I.rtc, THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA • DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION Vs. MICHAEL T. PANDOLFI JULIE K. PANDOLFI WRIT OF EXECUTION NO 09-425 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $74,935.03 L.L.: Interest FROM 12/6/2012 TO DATE OF SALE ($12.32 PER DIEM) Atty's Comm: Atty Paid: $2,115.01 Plaintiff Paid: Date: 4/21/14 Due Prothy: $2.25 Other Costs: -124.tieLl "&tzL David D. Buell Prothonota (Seal) B` REQUESTING PARTY: Name: ADAM H. DAVIS, ESQUIRE Address: PHELAN HALLINAN, LLP 1617 JFK BLVD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 203034 Deputy ti,. p�r�pF:I.� ! FROM 1,t -.C' TR',. 3 rat.dyhand here • unto 'T•�„=i t.11Or�).r tld�T � �{ 1�a1'ii:>I"r., 1�af. (,,� int said Cour' ?� a. — Thi tnGse lof• 1. r� (A_,y t t This _-a Gay of _`�--\ Prothonotary ThelPatriot-News Co. .- 1900 Patriot Drive Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 fte patriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Amy Kotula, 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 1900 Patriot Drive, 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. 2009-425 Civil Term PHH MORTGAGE CORPORATION vs. MICHAEL T. PANDOLFI Julie Kay Pandolfi Atty: Joseph Schalk By virtue of a Writ of Execution No. 09 -425 -CIVIL PHH MORTGAGE CORPORATION, F/K/A PHH US MORTGAGE CORPORATION v. MICHAEL T. PANDOLFI JULIE K. PANDOLFI owner(s) of property situate in the TOWNSHIP OF Silver Spring Township. Cumberland County, Pennsylvania, being 3 MELWOOD STREET A/K/A 3 MELLWOOD STREET A/K/A 3 MELLOOD LANE A/K/A 3 MELWOOD LANE, MECHANICSBURG, PA 17050-2319 Parcel No. 38-18-1328-050 (Acreage or Street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $74,935.03 Sworn to This ad ran on the date(s) shown below: 07/13/14 07/20/14 07/27/14 KOra& d subscribe before me this 20 day of August, 2014 A.D. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Sheryl Marie Leggore, Notary Public Hampden Twp., Cumberland County My Commission Expires July 16, 2018 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES r'k t hepatriot-News Now you know 2020 Technology Parkway Mechanicsburg, PA (717) 255-8237 BILL TO: Cumberland County Sheriffs Office Cumberland County Court House Carlisle, PA 17013 ACCT. # 2260 DUPLICATE BILL Date Description Sale # Size Rate Net Cost Of Ad 07/13/14 Sheriff Sale 425 5.61 $14.29 $ 80.17 07/20/14 Sheriff Sale 425 5.61 $14.29 $ 80.17 07/27/17 Sheriff Sale 425 5.61 $14.29 $ 80.17 Notary Fee $5.00 Digital Penn Live Charge $ 10.55 TOTAL DUE FOR THIS SALE: JLC $ 256.06 The Patriot -News Co. , 1900 Patriot Drive Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 he atriotXews 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 Amy Kotula, 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 1900 Patriot Drive, 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. 2013.6567 Civil Term BANK OF AMERICA, N.A. vs. MISHA J SPERAW Atty: Joseph Schalk By virtue of a Writ of Execution No. 13 -6567 -CIVIL Bank of America, N.A. v. Misha J. Speraw owner(s) of property situate in the BOROUGH of MECHANICSBURG, Cumberland County, Pennsylvania, being 33 East Locust Street, Mechanicsburg, PA 17055-3839 Parcel No. 17-23-0565-024. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: 5103,700.43 This ad ran on the date(s) shown below: 07/13/14 07120114 07/27/14 Sworn a - subscr be : -fore me this 20 day of August, 2014 A.D. COMMONWEALTH OF PENNSYLVANIA_ NOTARIAL SEAL Sheryl Marie Leggore, Notary Public Hampden Twp., Cumberland County My Commission Expires July 16, 2018 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES the patriot -News Now you know 2020 Technology Parkway Mechanicsburg, PA (717) 255-8237 BILL TO: Cumberland County Sheriffs Office Cumberland County Court House Carlisle, PA 17013 ACCT. # 2260 DUPLICATE BILL Date Description Sale # Size Rate Net Cost Of Ad 07/13/14 Sheriff Sale 6567 4.61 $14.29 65.88 07/20/14 Sheriff Sale 6567 4.61 $14.29 65.88 07/27/17 Sheriff Sale 6567 4.61 $14.29 65.88 Notary Fee $5.00 Digital Penn Live Charge 8.07 TOTAL DUE FOR THIS SALE: JLC 210.71 LXIII 29 CUMBERLAND LAW JOURNAL 07/18/14 Writ No. 2009-425 Civil PHH MORTGAGE CORPORATION vs. MICHAEL T. PANDOLFI Julie Kay Pandolfi Atty.: Joseph Schalk By virtue of a Writ of Execution No. 09 -425 -CIVIL. PHH MORT- GAGE CORPORATION, f/k/a PHH US MORTGAGE CORPORATION v. MICHAEL T. PANDOLFI, JULIE K. PANDOLFI owner(s) of property situate in the TOWNSHIP OF Silver Spring Township, CUMBERLAND County, Pennsylvania, being 3 MEL - WOOD STREET a/k/a 3 MELL- WOOD STREET a/k/a 3 MELLOOD LANE a/k/a 3 MELWOOD LANE, MECHANICSBURG, PA 17050-2319. Parcel No. 38-18-1328-050. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: $74,935.03. 79 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: July 11, July 18 and July 25, 2014 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. SWORN TO AND SUBSCRIBED before me this 25 day of July, 2014 ,aceLeet/Lid- Notary • COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28, 2018