Loading...
HomeMy WebLinkAbout09-0694Phelan 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 Aheetal 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 196542 PHH MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Plaintiff V. C ROSE COMP 18 RUN ROAD CARLISLE, PA 17015-7731 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 09 _ L CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 196542 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 #: 196542 1. Plaintiff is PHH MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: C ROSE COMP 18 RUN ROAD CARLISLE, PA 17015-7731 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 11/21/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR PHH HOME LOANS, LLC. DBA ERA HOME LOANS which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200744327. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2008 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 #: 196542 6. The following amounts are due on the mortgage: Principal Balance $99,390.55 Interest $4,118.40 07/01/2008 through 02/05/2009 (Per Diem $18.72) Attorney's Fees $1,300.00 Cumulative Late Charges $105.75 11/21/2007 to 02/05/2009 Mortgage Insurance Premium / $80.82 Private Mortgage Insurance Cost of Suit and Title Search 750.00 Subtotal $105,745.52 Escrow Credit $0.00 Deficit $672.00 Subtotal 672.00 TOTAL $106,417.52 7 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #. 196542 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $106,417.52, together with interest from 02/05/2009 at the rate of $18.72 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, E qui Francis S. Hallinan, Es4uiife 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 #. 196542 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in Lower Frankford Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the centerline of Township Road T-454, which point is at the Northeast corner of Lot No. 2 as shown on the hereinafter referred to Plan of Lots; thence along said Lot No. 2 North 73 degrees 3 minutes 36 seconds West 200.00 feet to an iron pin; thence continuing along said Lot No. 2 North 13 degrees 50 minutes 40 seconds East 100.00 feet to an iron pin in the line of lands now or formerly of Donald C. Black; thence along the lands now or formerly of Black South 73 degrees 3 minutes 36 seconds East 200.00 feet through an existing iron pin and to a p.k. nail set in the centerline of Township Road T-454; thence along the centerline of said Township Road T-454, South 13 degrees 50 minutes 40 seconds West 100.00 feet to a point in the centerline of Township Road T-454, the place of BEGINNING. CONTAINING a total area of 19,970.82 square feet, more or less and being Lot No. 3 as shown on the Final Subdivision Plan for Robert L. Warner recorded in Cumberland County Plan Book 28, Page 9. UNDER AND SUBJECT to covenants, conditions, reservations, restrictions, easements, and right of ways of record. BEING KNOWN AND NUMBERED as 18 Run Road, Carlisle, Pennsylvania. File #: 196542 THE SAID Paula M. Kogut joins in this conveyance to divest any right, title or interest she may have in said premises by reason of marriage to David Kogut, Grantors herein. BEING THE SAME PREMISES which David Kogut and Paula M. Kogut, by their deed to be recorded simultaneously herewith in the Office of the Recorder of Deeds of Cumberland, granted and conveyed unto C. Rose Comp. PARCEL#: 14-06-0027-126 File #: 196542 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 PaKC.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. A AO ? •11 Attorney for Pl ' ti DATE: Z J '01 1 C ?' v `r O V rn v µ. Mom y7 m c_ SHERIFF'S RETURN - REGULAR CASE NO: 2009-00694 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORP VS CROMP C ROSE KENNETH E GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon COMP C ROSE the DEFENDANT at 0020:45 HOURS, on the 11th day of February-, 2009 at 18 RUN ROAD CARLISLE, PA 17015-7731 by handing to C ROSE COMP DEFENDANT a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 So Answers: Service 7.20 Affidavit Surcharge 00 10.00 R. Thomas Kline .00 35.20 02/12/2009 PHELAN HALLINAN & SCHMIEG Sworn and Subscibed to before me this By: day of A. D. ' co ?t 7 ?i Michael J. Pykosh, Esquire ID # 58851 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 mpykosh(&,dcdlaw.net Attorney for Defendant PHH MORTGAGE CORPORATION: IN THE COURT OF COMMON PLEAS 4001 LEADENHALL ROAD CUMBERLAND COUNTY, PENNSYLVANIA MOUNT LAUREL, NJ 08054 Plaintiff V. No: 09-0694 - CIVIL TERM C. ROSE COMP 18 RUN ROAD CARLISLE, PA 17015-7731 Defendant To: PHH Mortgage Corporation c/o Sheetal R. Shah-Jani Phelan, Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be d against you. Michael J/POW,- squire Michael J. Pykosh, Esquire ID # 58851 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 for Defendant PHH MORTGAGE CORPORATION: IN THE COURT OF COMMON PLEAS 4001 LEADENHALL ROAD CUMBERLAND COUNTY, PENNSYLVANIA MOUNT LAUREL, NJ 08054 Plaintiff V. C. ROSE COMP 18 RUN ROAD CARLISLE, PA 17015-7731 No: 09-0694 - CIVIL TERM Defendant ANSWER WITH NEW MATTER AND NOW, comes the Defendant, C. Rose Comp, by and through her attorneys, THE LAW OFFICE OF DARRELL C. DETHLEFS, by Michael J. Pykosh, Esquire, who responds to Plaintiff's Complaint as follows: 1. Admitted in Part, Denied in Part. It is admitted that the Plaintiff is PHH Mortgage Corporation. As for Plaintiffs address, after reasonable investigation, Defendant is without knowledge as to the truth or veracity as to whether Plaintiff is a corporation or that it maintains a business address at 4001 Leadenhall Road, Mount Laurel, NJ 08054 . Therefore the remainder of averment as set forth in Paragraph 1 is denied. 2. Admitted. 3. Admitted in Part, Denied in Part. It is admitted that on 11/21/2007, Mortgagor made, executed, and delivered a Mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. The remainder of Paragraph 3 is denied. Whether MORTGAGE ELECTRONIC REGISTRATION SYSTEMS is a nominee for PHH Home Loans, LLC DBA ERA Home Loans is a conclusion of law to which no response is required. After reasonable investigation, Defendant is without knowledge as to the truth or veracity of whether Plaintiff is now legal owner of the Mortgage and is in the processing of formalizing an Assignment of the same. The remainder of the averment which indicates the Mortgage and Assignment, if any, are matters of public record and are incorporated herein by reference in accordance with PA Rules of Procedure 1019G which relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are public record is a conclusion of law to which no response is required. Strict proof is required at the time of trial. 4. Denied. The averment set forth in Paragraph 4 constitutes a conclusion of law to which no response is required. Strict proof is required at the time of trial. 5. Denied. The averment set forth in Paragraph 5 constitutes a conclusion of law to which no response is required. Strict proof is required at the time of trial. 6. Denied. The averment set forth in Paragraph 6 constitutes a conclusion of law to which no response is required. To the extent that a response is deemed judicially required, Defendant specifically denies the averments of Paragraph 6 and demands strict proof at the time of trial in this matter. 7. Denied. The averment set forth in Paragraph 7 constitutes a conclusion of law to which no response is required. To the extent that a response is deemed judicially required, Defendant specifically denies the averments of Paragraph 7 and demands strict proof at the time of trial in this matter. 8. Denied. The averment set forth in Paragraph 8 constitutes a conclusion of law to which no response is required. To the extent that a response is deemed judicially required, Defendant specifically denies the averments of Paragraph 8 and demands strict proof at the time of trial in this matter. 9. Denied. The averment set forth in Paragraph 9 constitutes a conclusion of law to which no response is required. To the extent that a response is deemed judicially required, Defendant specifically denies the averments of Paragraph 9 and demands strict proof at the time of trial in this matter. WHEREFORE, the Defendant, C. Rose Comp, demands that Plaintiffs case be dismissed. Respectfully Submitted, Dated : 62? )D q' By: Micha J. ykosh, Esquire DEFENDANT'S NEW MATTER 10. Defendant, C. Rose Comp, incorporates and makes part of this New Matter paragraphs 1 through 9 of the foregoing Answer to Plaintiff's Complaint as if fully set forth herein. 11. Plaintiff's Complaint failed to include a proper verification as required by PA R.C.P. 1024(c). 12. Plaintiff's Action may be barred by the doctrine of estoppel. 13. Plaintiff's Action may be barred by the doctrine of waiver. 14. Plaintiff's Action may be barred by the doctrine of unclean hands. WHEREFORE, the Defendant, C. Rose Comp, respectfully demands a judgment in her favor and against Plaintiff with costs, attorney's fees and any other relief the Court deems just. Respectfully Submitted, Dated: '? By:' MichagO. osh, Esquire VERIFICATION I, C. Rose Comp, hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. Date: ,;;2 C. Rose Comp Michael J. Pykosh, Esquire ID # 58851 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 for Defendant PHH MORTGAGE CORPORATION: IN THE COURT OF COMMON PLEAS 4001 LEADENHALL ROAD CUMBERLAND COUNTY, PENNSYLVANIA MOUNT LAUREL, NJ 08054 Plaintiff V. No: 09-0694 - CIVIL TERM C. ROSE COMP 18 RUN ROAD CARLISLE, PA 17016-7731 Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing ANSWER and NEW MATTER, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: JP Morgan Chase, National Association c/o Sheetal R. Shah-Jani Phelan, Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Dated: ,2)a3 109 Respectfully Submitted, By: Michael f. Y6sh-,Esquire r? '=-1 _? - .? = n --- ..,., r-, ? -? -? ? _, - i N ? _l .: ""` ?: l t? i ?,; PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 PHH MORTGAGE CORPORATION Plaintiff VS. C ROSE COMP Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-694-CIVIL CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL A TION COMPL iNT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: t- q anc' S.H linan, Esquire Date: 0212612009 Fr PHS #: 196542 ¦ 1& PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 PHH MORTGAGE CORPORATION Plaintiff VS. C ROSE COMP Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-694-CIVIL CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: C ROSE COMP 18 RUN ROAD CARLISLE, PA 17015-7731 Date: 02/26/2009 Phelan Hallinan & Schmieg, LLP Attorn e for Plaintiff By. - Francis S. H inan, Esquire VERIFICATION (n hereby states that he/she is 02 f 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. Name: f C 1(? ??? DATE: Title: \j-toe, P rmaen+ Company: PHH MORTGAGE CORPORATION Loan:0045893922 File #: 196542 N .:vs T v t ",'- f 7 PHELAN HALLINAN & SCHMIEG, LLP BY: Joseph P. Schalk, Esquire Identification No.: 91656 107 N. Front Street Suite 115 Harrisburg, PA 17101 (215) 563-7000 PHH Mortgage Corporation Plaintiff vs. C Rose Comp Defendant Attorney for Plaintiff Court Of Common Pleas Civil Division Cumberland County No. 09-694-Civil PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER Plaintiff, PHH Mortgage Corporation, by its attorney, Joseph P. Schalk, Esquire, hereby files the within Reply to New Matter of Defendant C Rose Comp and and in support thereof states as follows: 10. Plaintiff incorporates herein by reference the averments of paragraphs one (1) through nine (9) of its Complaint as if set forth herein at length. 11. Denied as stated. Plaintiff s Complaint in Mortgage Foreclosure included a verification executed by Plaintiff's counsel in order to allow Plaintiff to promptly file its Complaint and due to the unavailability of the Plaintiff. Plaintiff has subsequently filed Praecipe to Substitute Verification, a copy which is attached hereto, incorporated herein and marked as Exhibit "A". The Praecipe includes a verification executed by the Plaintiff. Strict proof to the contrary is demanded. 12. Denied. The averment of paragraph twelve (12) contains a conclusion of law to which no response is necessary. To the extent that a response is required, Defendant has failed to plead facts sufficient to form a basis for a defense of doctrine of estoppel. Strict proof is demanded. 13. Denied. The averment of paragraph thirteen (13) contains a conclusion of law to which no response is necessary. To the extent that a response is required, Defendant has failed to plead facts sufficient to form a basis for a defense of waiver. Strict proof is demanded. 14. Denied. The averment of paragraph fourteen (14) contains a conclusion of law to which no response is necessary. To the extent that a response is required, Defendant has failed to plead facts sufficient to form a basis for a defense of unclean hands. Strict proof is demanded. WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor and against Defendant as requested in Plaintiffs Complaint. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: ?a?jz;L 43q By: U&b - Jo h P. chalk, Esquire Att ey for Plaintiff ,,,.Irv 8 PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 1617 JFK Boulevard Philadelphia, PA 19102 (215) 563-7000 Fax: (215) 563-3352 February 26, 2009 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: PHH MORTGAGE CORPORATION vs. C ROSE COMP No. 09-694-CIVIL Our File No. 196542 Dear Sir/Madam: above matter. Enclosed please find Plaintiff's Praecipe To Substitute Verification relative to the Kindly file the original of record and return a time-stamped copy of the Praecipe in the enclosed self-addressed, stamped envelope. Very truly yours, Pre-Foreclosure Department of Phelan Hallinan & Schmieg, LLP Enclosure(s) C@T PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 PHH MORTGAGE CORPORATION Plaintiff VS. C ROSE COMP Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-694-CIVIL CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: /s/ Francis S. Hallinan O D Francis S. Hallinan, Esquire Date: 02/26/2009 PHS #: 196542 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 PHH MORTGAGE CORPORATION Plaintiff VS. C ROSE COMP Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-694-CIVIL CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: C ROSE COMP 18 RUN ROAD CARLISLE, PA 17015-7731 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: /s/ Francis S. Hallinan Francis S. Hallinan, Esquire Date: 02/26/2009 VERIFICATION kle, hereby states that he/she is Mare,-,75- 1 *6 k4f PHH MORTGAGE CORPORATION, servicing agent for Plaintiff, PHH MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION, in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. Name: (C ? ?t n yw DATE: T f(1 l.a 14 r 7 Title: j tC? P ?-m lu°.r + Company: PHH MORTGAGE CORPORATION Loan:0045893922 File #: 196542 . f VERIFICATION Joseph P. Schalk, Esquire, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to make this verification, and that the statements made in the foregoing Reply to New Matter are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. PHELAN HALLINAN & SCHMIEG, LLP Date: e I-Ot ``.J l 12, - 10 By. ` JJOAQ? P. halk, Esquire Attorney for Plaintiff 107 N. Front Street, Suite 115 Harrisburg, PA 17101 (215) 563-7000 j PHELAN HALLINAN & SCHMIEG, LLP BY: Joseph P. Schalk, Esquire Identification No.: 91656 107 N. Front Street Suite 115 Harrisburg, PA 17101 (215) 563-7000 PHH Mortgage Corporation Plaintiff VS. C Rose Comp Defendant Attorney for Plaintiff Court Of Common Pleas Civil Division Cumberland County No. 09-694-Civil CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff's Reply to Defendant's New Matter was sent via first class mail to the person listed below on the date indicated: Michael J. Pykosh, Esquire The Law Office of Darrell C. Dethlef 2132 Market Street Camp Hill, PA 17011 V -?l 09 By: Date: C J h P. Schalk, Esquire Att ey for Plaintiff ?a ca Zx? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH Mortgage Corporation 4001 Leadenhall Road Mount Laurel, NJ 08054 Plaintiff VS. C. Rose Comp 18 Run Road Carlisle, PA 17015-7731 Defendant : Court of Common Pleas : Civil Division No. 09-694-Civil : Cumberland County ORDER AND NOW, this day of , 2009 upon consideration of Plaintiffs Motion for SummaryJudgment and Brief in Support thereof, and upon consideration of the Response, if any, filed by Defendant, the Court determines that Plaintiff is entitled to Summary Judgment as a matter of law, and it is hereby: ORDERED and DECREED that an in rem judgment is entered in favor of Plaintiff and against Defendant, C. Rose Comp, for $106,417.52 plus interest from February 5, 2009 at the rate of $18.72 per diem and other costs and charges collectible under the mortgage, for foreclosure and sale of the mortgaged property. BY THE COURT: J. PHELAN HALLINAN & SCHMIEG, LLP By: JOSEPH P. SCHALK, ESQUIRE Identification No. 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 PHH Mortgage Corporation 4001 Leadenhall Road Mount Laurel, NJ 08054 Plaintiff VS. C. Rose Comp 18 Run Road Carlisle, PA 17015-7731 Defendant Attorney for Plaintiff : Court of Common Pleas : Civil Division : No. 09-694-Civil : Cumberland County MOTION FOR SUMMARY JUDGMENT Plaintiff respectfully requests that the Court enter an Order granting summary judgment in its favor in the above-captioned matter and in support thereof avers as follows: 1. There are no material issues of fact in dispute. 2. Plaintiff is seeking only an in rem judgment in this mortgage foreclosure action. 3. In her Answer, Defendant generally denies paragraphs five (5) and six (6) of the Complaint, which aver the default and the amounts due on the Mortgage. True and correct copies of Plaintiffs Mortgage Foreclosure Complaint, Defendant's Answer and New Matter, and Plaintiffs Reply to New Matter are attached hereto, incorporated herein by reference, and marked as Exhibits C, D and E, respectively. 4. Defendant admitted in paragraph three (3) of her Answer that she executed the Mortgage. True and correct copies of the Mortgage and Note are attached hereto, made part hereof, and marked Exhibits A and A1, respectively. 5. By Assignment of Mortgage recorded March 3, 2009, the Mortgage was assigned to PHH Mortgage Corporation, which Assignment is recorded in Assignment of Mortgage Instrument No. 200905822. A true and correct copy of the Assignment to PHH Mortgage Corporation is attached hereto, incorporated herein by reference, and marked as Exhibit A2. 6. The Mortgage is due for the August 1, 2008 payment, a period in excess of eleven (11) months. An Affidavit confirming the default and the amount of the debt is attached hereto, incorporated herein by reference, and marked as Exhibit B. 7. Defendant's default is also evidenced by Plaintiffs loan history, a true and correct copy of which is attached hereto, made part hereof, and marked Exhibit G. 8. The last payment applied to the Defendant's mortgage was on or around August 29, 2008. Plaintiff applied this payment to Defendant's account for the delinquent July 2008 payment, as is evidenced by the attached loan history on Defendant's account (see Exhibit G). Defendant did not tender another payment and the account remains due and owing for the August 1, 2008 payment. Plaintiff has not received any payments after that date. Furthermore, Defendant has not provided proof of any payments she might have made. 9. Plaintiff sent Defendant a letter notifying her of her default and of Plaintiffs intent to foreclose. A true and correct copy of the letter is attached hereto, made part hereof, and marked Exhibit F. 10. Plaintiff has complied with Act 6 of 1974 as it appropriately notified Defendant of its intent to foreclose under the Mortgage and afforded Defendant 30 days to cure the arrearage before commencing its foreclosure action. A true and correct copy of the Act 6 notice is attached hereto, incorporated herein by reference, and marked as Exhibit F. 11. Defendant has failed to sustain her burden of presenting facts, which contradict the averments of Plaintiffs Complaint 12. Plaintiff submits that its request for attorney's fees for preparing and prosecuting its foreclosure action, executing on its anticipated judgment, listing the property for sheriff s sale, and ensuring the conveyance of clear title is reasonable. Plaintiff will address this issue further in its attached Brief. 13. Defendant has the right to reinstate and/or payoff the loan up until one hour before a scheduled Sheriffs Sale. WHEREFORE, Plaintiff respectfully requests that an in rem judgment be entered in its favor for the amount due plus interest and costs as prayed for in the Complaint, for foreclosure and sale of the mortgaged property. Date: U Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP By: Jose h P. balk, Esquire Att ev for Plaintiff EXHIBIT A Prepared By: Maria Montano, ERA Home Loans 3000 Leadenhall Road Mount Laurel, NJ 08054 (866) 471-6683 Return To: ERA Home Loans 9700 Bissonnet Street , Suite #1500, HOUSTON, TX 77036 Parcel Number: 14-06-0027-126 Premises: 18, RUN ROAD CARLISLE [Space Above This Line For Recording Data] FHA Case No. Commonwealth of Pennsylvania MORTGAGE 441-8074972-703 M1N - THIS MORTGAGE ("Security Instrument") is given on November 21, 2007 The Mortgagor is C Rose Comp, _AN UNMARRIED WOMAN ("Borrower"). This Security Instrument is given to Mortgage Electronic Registration Systems, Inc. ("MERS"), (solely as nominee for Lender, as hereinafter defined, and Lender's successors and assigns), as mortgagee. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679; MERS. PHH Home Loans, LLC d/b/a ERA Home Loans ("Lender") is organized and existing under the laws of Delaware , and has anaddress of 3000 Leadenhall Road Mount Laurel, NJ 08054 . Borrower owes Lender the principal sum of One Hundred Thousand Dollars and Zero Cents Dollars (U.S. $ 100, 000.00 ). FHA Pennsylvania Mortgage with MERS - 4196 4= 4N(PA) (0so2) Amende 6/ 2 Page 1 of 10 Initials: VMP Mortgage Solution. Inc. (800)521-7291 ? t- =Wcfoo-7 O / 7/3 Original This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on December 1st, 2037 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender' s successors and assigns) and to the successors and assigns of MFRS, the following described properly located in CUMBERLAND County, Pennsylvania: This mortgage encompasses the land and its improvements which consist of a Manufactured Home dwelling that I permanently affixed to the land and is part of the real property. Said improvement are further described in Schedule A of the Title (see attached). The unit was manufactured by (Fleetwood) in (1992) with a model name of (Oak Knoll). the unit is comprised of approximately (932) square feet of living space. The HUD Data Plate Serial Number is (PAFLN22AB043330K) with Certification Label Number(s)(rad674926 and rad 674927 Being the same premises conveyed to the mortgagors herein by deed being recorded simultaneously herewith; .this being a purchase money mortgage given to secure the purchase price of the above described premises. which has the address of 18 RUN ROAD (Street] CARLISLE [city], Pennsylvania 17015 [Zip Code] („Property Address"); TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument; but, if necessary to comply with law or custom, MERS, (as nominee for Lender and Lender's successors and assigns), has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing or canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. lnilials; I =4 N(PA) (oso2) Page 2 of fo Original Borrower and Lender covenant and agree as follows: UNIFORM COVENANTS. 1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in which such premium would have been required if Lender still held the Security Instrument, each monthly payment shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds." Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower' s escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 et seq. and implementing regulations, 24 CFR Part 3500, as they may be amended from time to time ("RESPA" ), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance premium. If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds hold by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess fiords to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for items (a), (b), and (c). 3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows: First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; Third, to interest due under the Note; FourtK to amortization of the principal of the Note; and Fi@h, to )ate charges due under the Note. 4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in wuara: ?? 1=4N(PA) roeoat Page3 e110 Original the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security, Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the fill amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and Us Security Instrument shall be paid to the entity legally entitled thereto. Inillals:/W <04N(PA) p502) Page 4 of 10 Original 7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2. Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate, and at the option of Lender, shall be immediately due and payable. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 8. Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. (a) Default. Lender may, except as limited by regulations issued by the Secretary, in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument if- (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section 341(d) of the Garn-St. Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(d)) and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if; (i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent), and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. Illllials:? M•4 N(PA) (0602) Page s of io Original (d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within 60 days from the date hereof, Lender may, at its option, require immediate payment in frill of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender` s failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower' s failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(b). Borrower, s covenants and agreements shall be joint and several. Any Borrower who cc-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower' s consent. Iniiala:? 40 4N(RA) (0502) rape s or tp Original 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shalt be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (e) each 10-4N(PA) (0502) Page 7 or 10 Original tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 17. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. 18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 18, including, but not limited to, attorneys' fees and costs of title evidence. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment In full under Paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act') (12 U.S.C. 3751 et seq.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this Paragraph 1S or applicable law. 19. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 20. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 21. Reinstatement Period. Borrower's time to reinstate provided in paragraph 10 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 22. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 23. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)]. 0 Condominium Rider EDGrowing Equity Rider 0 Other [specify] 0 Planned Unit Development Rider Q Graduated Payment Rider INU13:lee- 40-4N(PA) (oso2) Page a of 10 Original BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. G?47 (Seal) C Rose Comp -Borrower - (Seal) Borrower _ (Seal) -Borrower - (Scq) -Borrower M-4 N(PA) toso2) Page g or 10 _ (Seal) -Borrower (Seal) -Borrower _ (Seal) -Borrower (Seal) -Borrower Original i , I COMMONWEALTH OF PENNSYLVANIA, CUMBERLAND County ss: On this, 21st day of November, 2007 , before me, the undersigned officer, personally appeared C Rose Comp known to me (or satisfactorily proven) to be the person(s) whose name(s) Is/are subscribed to the i in instrumen and aekn ledged that he/she/they executed the same for the purposes herein con ' e . IN WITNESS VIiBItEOF, I hereunto se myc4 f; i al s My Commission Expires: / /?/ /? /???((( Not:arv Public Commonwealth of Penns ivania NOTAR1ALSEAL CHRISTINA L HERSHEY, Notary FuhHc Hampoe TVA/F., County of Cumberland Certificate of Residence My Commission Expires July 12, 2008 d9 hereby certj£y that the correct address of the within-named M t 2026; C is 10 i-?Witness my hand this 21st 1 relay of 007 ?M37- rdr /MQ'rfVcWC' Agent of Mortgagee Ghr?s 4-cg y rntrrara:i 4N(PA) (0502) Page to or to (mv Original EXHIBIT "A" ALL THAT CERTAIN tract of land with the improvements thereon erected situate In Lower Frankford Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the centerline of Township Road T-454, which point is at the Northeast corner of Lot No. 2 as shown on the hereinafter referred to Plan of Lots; thence along said Lot No. 2 North 73 degrees 3 minutes 36 seconds West 200.00 feet to an iron pin; thence continuing along said Lot No. 2 North 13 degrees 50 minutes 40 seconds East 100.00 feet to an iron pin in the line of lands now or formerly of Donald C. Black; thence along the lands now or formerly of Black South 73 degrees 3 minutes 36 seconds East 200.00 feet through an existing iron pin and to a p.k. nail set In the centerline of Township Road T-454; thence along the centerline of said Township Road T-454, South 13 degrees 50 minutes 40 seconds West 100.00 feet to a point in the centerline of Township Road T-454, the place of BEGINNING. CONTAINING a total area of 19,970.82 square feet, more or less and being Lot No. 3 as shown on the Final Subdivision Plan for Robert L. Warner recorded in Cumberland County Plan Book ` 28, Page 9. UNDER AND SUBJECT to covenants, conditions, reservations, restrictions, easements, and right of ways of record. BEING KNOWN AND NUMBERED as 18 Run Road, Carlisle, Pennsylvania. THE SAID Paula M. Kogut joins in this conveyance to divest any right, title or interest she may have in said premises by reason of marriage to David Kogut, Grantors herein. BEING THE SAME PREMISES which David Kogut and Paula M. Kogut, by their deed to be recorded simultaneously herewith in the Office of the Recorder of Deeds of Cumberland, granted and conveyed unto C. Rose Comp. t . _ 1P ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE Instrument Number - 200744327 Recorded On 11/28/2007 At 11:21:54 AM *Total Pages - 12 * Instrument Type - MORTGAGE Invoice Number - 9623 User ID - KW * Mortgagor - COMP, C ROSE *Mortgagee - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. * Customer - SECURED LAND * FEES RECORDING FEES - RECORDER OF DEEDS AFFORDABLE HOUSING COUNTY ARCHIVES FEE ROD ARCHIVES FEE TOTAL PAID $25.50 $11.50 $2.00 $3.00 $52.50 Certification Page DO NOT DETACH. I Certify this to be recorded in Cumberland County PA op cv y0 ? v +iso RECORDER O D DS * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. This page is now part of this legal document. 11, 11iiniuiuiiimiiu i EXHIBIT Al WN 0- Loan Numbed.. NOTE FHA Case No. Multistate 441-8074972-703 November 21, 2007 [Date] 18 RUN ROAD CARLISLE, PA 17015 [Property Address] 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means PHH Home Loans, LLC d/b/a ERA Home Loans and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal stun of One Hundred Thousand Dollars and Zero Cents Dollars (U.S. $ 100, 000.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of Six and Seventy-Eight / Hundredths percent ( 6.780 14) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security, instrument that is dated the same date as this Note and called the "Security Instrument-" The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on January 1st , 2008 . Any principal and interest remaining on the first day of December 2037 , will be due on that date, which is called the "Maturity Date." , (B) Place Payment shall be made at 3000 Leadenhall Road Mount Laurel, N3 08054 or at such place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. $ 650.60 This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Allonge to this Note for payment adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [Check applicable box] ?Graduated Payment Allonge Growing Equity Allonge DOther [specify] 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the fast day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. -t R (0210) o F11A Multistate Fixed Rate Note - 10195 ® VMP Mortgage Soluhana (890)521-7291 Page 1 of 2 lndia'a Original CA 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Now, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of Four percent ( 4.00 %) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Gender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. (Seal) C Rose COMP -Borrower •1 R to2tot or A _ (Seal) -Borrower (Seal) -Borrower - (Seal) -Borrower Page 2 of 2 - (Seal) -Borrower - (Seal) -Borrower - (Seal) -Borrower (Seal) -Borrower Original SIGNATURE/NAME AFFIDAVIT DATE November 21, 2007 LOAN #: BORROWER: C Rose Comp THIS IS TO CERTIFY THAT MY LEGAL. SIGNATURE IS AS WRITTEN AND TYPED BELOW. (This signature must exactly match signatures on the Note and Mortgage or Deed of Trust.) C Rose Comp 4?1' (Print or Type Name) Signature (If applicable, complete the following.) I AM ALSO KNOWN AS' (Print or Type Name) Signature (Print or Type Name) Signature (Print or Type Name) Signature (Print or Type Name) and that and the same person. State/Commonwea(th of PA County/Parish of cumzRLAND Subscribed and sworn (affirmed) before me this 21st day of November -304 (9103) of i v n Corn onn t en NOTARIALSEAL Notary Public CHRISTINA L HERSHEY , are one (( Hampden TLVP-, County of Cumberland } )ry My Commission apices July 12,2W9 ; 106- , 2t VMP Mortgage Solullons (809)521-7291 3101 11QU1=r49.11( Notary Public in and for the State/Commonw ealth of PA County/Parish of CumBERLAND My Commission Expires: EXHIBIT A2 5P), ?. ASSIGNMENT OF MORTGAGE 0)0 U KNOW ALL MEN BY THESE PRESENTS that "Mortgage Electronic Registration Systems, Inc." hereinafter "Assignor" the holder of the Mortgage hereinafter mentioned, for and in consideration of the sum of ONE DOLLAR ($1.00) lawful money unto it in hand paid by PHH MORTGAGE CORPORATION, "Assignee," the receipt whereof is acknowledged, has granted, bargained, sold, assigned, transferred and set over unto the said Assignee, its successors and assigns, ALL THAT CERTAIN Indenture of Mortgage given and executed by C ROSE COMP to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR PHH HOME LOANS, LLC. DBA ERA HOME LOANS, bearing the date 11/21/2007, in the amount of $100,000.00, together with the Note and indebtedness therein mentioned, said Mortgage being recorded on 11/28/2007 in the County of CUMBERLAND, Commonwealth of Pennsylvania, in Mortgage Book 200744327 Page, MIN: 100020000458939224. Being Known as Premises: 18 RUN ROAD, CARLISLE, PA 17015-7731 Parcel No: 14-06-0027-126 The transfer of the mortgage and accompanying rights was effective at the time the loan was sold and consideration passed to the Assignee. This assignment is solely intended to describe the instrument sold in a manner sufficient to put third parties on public notice of what has been sold. Also the Bond or Obligation in the said Indenture of Mortgage recited, and all Moneys, Principal and Interest, due and to grow due thereon, with the Warrant of Attorney to the said Obligation annexed. Together with all Rights, Remedies and incidents thereunto belonging. And all its Right, Title, Interest, Property, Claim and Demand, in and to the same: TO HAVE, HOLD, RECEIVE AND TAKE, all and singular the hereditaments and premises granted and assigned, or mentioned and intended so to be, with the appurtenances unto Assignee, its successors and assigns, to and for its only proper use, benefit and behoof forever; subject, nevertheless, to the equity of redemption of said Mortgagor in the said Indenture of Mortgage named, and his/her/their heirs and assigns therein. IN WITNESS WHEREOF, the said "Assignor" has caused its Corporate Seal to be herein affixed and these presents to be duly executed by its proper officers this 9° day of February, 2009. By Sealed and Delivered Judith T Romano in the presence of us; State of Pennsylvania ss. County of Philadelphia On this 9m day of February, 2009, before me, the subscriber, personally appeared Judith T Romano Esq, who acknowledged him/herself to be the Assistant Secretary and Vice President of Mortgage Electronic Registration Systems, Inc., and that he/she, as such Assistant Secretary and Vice President, being authorized to do so, executed the foregoing instrument for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OFPENNSYLVAt" NOTARIAL SEAL EUGENE JASMEMCZ, Notary P? Stamp/Seal: N tary Public iladtOpttia, Phila. C C ssbn Et??ires August 13, 12 -My The precise address of the within named Assignee is: 4001 LEADENHALL ROAD MOT LAUREL, NJ 08054 By: (.I- For Assignee) After recording return to: Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Mortgage Electronic Regist ation Systems, Inc. r- QYX-? sLa Assistant s , ecretary anV ice President February 8, 2009 Document Execution PHS # 196542 EXHIBIT 'V ALL THAT CERTAIN tract of land with the improvements thereon erected situate in Lower Frankford Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the centerline of Township Road T-454, which point is at the Northeast comer of Lot No. 2 as shown on the hereinafter referred to Plan of Lots; thence along said Lot No. 2 North 73 degrees 3 minutes 36 seconds West 200.00 feet to an iron pin- thence continuing along said Lot No. 2 North 13 degrees 50 minutes 40 seconds East 100.00 feet to an iron pin in the line of lands now or formerly of Donald C. Black; thence along the lands now or formerly of Black South 73 degrees 3 minutes 36 seconds East 200.00 feet through an existing iron pin and to a p.k. nail set In the centerline of Township Road T-454; thence along the centerline of said Township Road T-454, South 13 degrees 50 minutes 40 seconds West 100.00 feet to a point in the centerline of Township Road T-454, the place of BEGINNING. CONTAINING a total area of 19,970.82 square feet, more or less and being Lot No. 3 as shown on the Final Subdivision Plan for Robert L. Warner recorded in Cumberland County Plan Book 28, Page 9. UNDER AND SUBJECT to covenants, conditions, reservations, restrictions, easements, and right of ways of record. BEING KNOWN AND NUMBERED as 18 Run Road, Carlisle, Pennsylvania. THE SAID Paula M. Kogut joins in this conveyance to divest any right, title or interest she may have in said premises by reason of marriage to David Kogut, Grantors herein. BEING THE SAME PREMISES which David Kogut and Paula M. Kogut, by their deed to be recorded simultaneously herewith in the Office of the Recorder of Deeds o'f Cumberland, granted and conveyed unto C. Rose Comp. mi1wrinq 17'07'53 AM CUMBERLAND COUNTY InstI200744327 - Page 11 of 12 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200905822 Recorded On 3/3/2009 At 8:34:37 AM * Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number - 38231 User ID - KW * Mortgagor - COMP, C ROSE * Mortgagee - PHH MORTGAGE CORP * Customer - JAHC LLC * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $37.00 I Certify this to be recorded in Cumberland County PA ag cuM$? . J RECORDER O D ?EDS r?ao * Total Pages - 3 Certification Page DO NOT DETACH This page is now part of this legal document. * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. BIIBIIIIRYIIIWVIV EXHIBIT B PLAINTIFFLS AFFIDAVIT IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT STATE OF I\1eUJ S? rcJe ) (?ucltng-lvn COUNTY OF ) ss. mQ(C ;'S ?`}[n t[le , being duly sworn according to law, deposes and says: 1. I am employed in the capacity of \fie e,"51 at PHH Mortgage Corporation, Plaintiff in the within matter. 2. In said capacity, I am familiar with the account that forms the basis of the instant foreclosure action and am authorized to give this Affidavit. 3. I am the custodian of records for the within matter. 4. All proper payments made by Defendant have been credited to Defendant Cs accounts. 5. DefendantLs? mortgage payments due August 1, 2008 and each month thereafter are due and unpaid. 6. The amounts due on the mortgage were correctly stated in the Complaint as follows: Principal Balance Interest July 1, 2008 through February 5, 2009 (Per Diem $18.72) AttorneyLs Fees Cumulative Late Charges November 21, 2007 to February 5, 2009 Mortggae Insurance Premium/ Private Mortgage Insurance Cost of Suit and Title Search Subtotal Escrow Credit Escrow Deficit TOTAL $99,390.55 $4,118.40 $1,300.00 $105.75 $80.82 750.00 $105,745.52 $0.00 672.00 $106,417.52 7. Defendant has failed to reinstate the account or offer any reasonable solution to cure the arrears on the past due mortgage payments. 8. Plaintiff provided mortgagor with a Notice of Intention to Foreclose Mortgage, but Defendant did not take the necessary affirmative steps to avoid foreclosure. , , 9. The subject mortgage is insured by the Federal Housing Admini 10. Plaintiff properly accelerated its mortgage to prote4t its interrests Name: (1 Title: Vi c e, Pre5i a er PHH;Mortgage Corporation SWORN TO AND SUBSCRIBED BEFORE ME THIS LZ DAY OF rl ,2009 MARY MAC IDF CLARK "10T ?euCOFNEW NOT&7PUBLIC Cmvriwm 1Q/q3 File Name and Number: C Rose Comp #? EXHIBIT C 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 1%542 PHH MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Plaintiff V. C ROSE COMP 18 RUN ROAD CARLISLE, PA 17015-7731 Defendant n ° ` i -n { Fr r'' p o (13 m x;- o .Z1 i ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY We hereby certify the within to he a true and correct copy of the f CIVIL ACTION - LAW original flied 0- war.-COMPLAINT IN MORTGAGE FORECLOSURE File #: 196542 ATTORNEY FILE COPY PEE RETURN 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 196542 PHH MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Plaintiff V. C ROSE COMP 18 RUN ROAD CARLISLE, PA 17015-7731 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 196542 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 #: 196542 1. Plaintiff is PHH MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: C ROSE COMP 18 RUN ROAD CARLISLE, PA 17015-7731 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/21/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR PHH HOME LOANS, LLC. DBA ERA HOME LOANS which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200744327. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2008 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 arc collectible forthwith. File #: 196542 a 6. The following amounts are due on the mortgage: Principal Balance $99,390.55 Interest $4,118.40 07/01/2008 through 02/05/2009 (Per Diem $18.72) Attorney's Fees $1,300.00 Cumulative Late Charges $105.75 11/21/2007 to 02/05/2009 Mortgage Insurance Premium / $80.82 Private Mortgage Insurance Cost of Suit and Title Search 750.00 Subtotal $105,745.52 Escrow Credit $0.00 Deficit $672.00 Subtotal 672.00 TOTAL $106,417.52 7 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 1%542 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $106,417.52, together with interest from 02/05/2009 at the rate of $18.72 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: " K/?,- ' n W. g Lawrence T. Phelan, E qui Francis S. Hallinan, Es 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 #: 196542 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in Lower Frankford Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the centerline of Township Road T-454, which point is at the Northeast corner of Lot No. 2 as shown on the hereinafter referred to Plan of Lots; thence along said Lot No. 2 North 73 degrees 3 minutes 36 seconds West 200.00 feet to an iron pin; thence continuing along said Lot No. 2 North 13 degrees 50 minutes 40 seconds East 100.00 feet to an iron pin in the line of lands now or formerly of Donald C. Black; thence along the lands now or formerly of Black South 73 degrees 3 minutes 36 seconds East 200.00 feet through an existing iron pin and to a p.k. nail set in the centerline of Township Road T-454; thence along the centerline of said Township Road T-454, South 13 degrees 50 minutes 40 seconds West 100.00 feet to a point in the centerline of Township Road T-454, the place of BEGINNING. CONTAINING a total area of 19,970.82 square feet, more or less and being Lot No. 3 as shown on the Final Subdivision Plan for Robert L. Warner recorded in Cumberland County Plan Book 28, Page 9. UNDER AND SUBJECT to covenants, conditions, reservations, restrictions, easements, and right of ways of record. BEING KNOWN AND NUMBERED as 18 Run Road, Carlisle, Pennsylvania. File #: 196542 THE SAID Paula M. Kogut joins in this conveyance to divest any right, title or interest she may have in said premises by reason of marriage to David Kogut, Grantors herein. BEING THE SAME PREMISES which David Kogut and Paula M. Kogut, by their deed to be recorded simultaneously herewith in the Office of the Recorder of Deeds of Cumberland, granted and conveyed unto C. Rose Comp. PARCEL#: 14-06-0027-126 File #: 196542 VERIFICATION f f ,,,JJ r 15- (n.K1e, hereby states that he/she is Vice R? k4f 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. pr, Name: f C T ?Vin y e DATE: i&= it xn- Title: v tCe, prmlaea+ Company: PHH MORTGAGE CORPORATION Loan: ? File #: 196542 EXHIBIT D Darrell r . DethleU* Michael J. Pykosh? Bryan W. Shook Melanie L. Erb Heather N. Orisko Mariene Tremmel John R.Logan LAW OFFICE OF DARRELL C. DETHLEFS 204 N. George St. 2132 Market Street 408 W. Chestnut St. York, PA 17401 Camp Hill, PA 17011 Lancaster, PA 17603 Phone: (800) 287-1202 Phone: (717) 975-9446 Phone: (800) 287-1202 Fax: (717) 975-2309 Fax: (717) 975-2309 Fax: (717) 975-2309 Email: horisko@dcdlaw.net E-mail: ddethiefs@aot.com Email: horisko@dcdlaw.net Legal Assistai Sherry L. Deckma Danielle Wi *Licensed PA Title Ager l 4r" -% 9&.0 February 23, 2009 Cumberland County Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: PHH Mortgage Services v. C. Rose Comp Docket No. 09-0694 -Civil Term Dear Prothonotary: Enclosed please find an original and two (2) copies of the Answer and New Matter relative to the above-referenced matter. Please file the original and forward the time- stamped copies to my attention in the self-addressed, stamped envelope provided herein. Very truly yours, / i j 1`bli el J. P kosh MJP/drw cc. Sheetal R. Shah-Jani with enclosure P.O. Box 368 Camp Hill, PA 1 700 1-03 68 The Law Office of Darrell C. Dethlefs - "Your Full Service Law Firm' hmp://www.dcdlaw.net Michael J. Pykosh, Esquire ID # 58851 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 mnvkoshgFt'.dcdlaN .net Attorney for Defendant PHH MORTGAGE CORPORATION: IN THE COURT OF COMMON PLEAS 4001 LEADENHALL ROAD CUMBERLAND COUNTY, PENNSYLVANIA MOUNT LAUREL, NJ 08054 Plaintiff V. No: 09-0694 - CIVIL TERM C. ROSE COMP 18 RUN ROAD CARLISLE, PA 17015-7731 Defendant To: PHH Mortgage Corporation c/o Sheetal R. Shah-Jani Phelan, Hallinan & .Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be d against you. c Michael yk6sh,Es-quire Michael J. Pykosh, Esquire ID # 58851 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (7 i 7) 975-9446 Fax - (717) 975-2309 mpvkoshndcdlaw.net Attorney for Defendant PHH MORTGAGE CORPORATION: IN THE COURT OF COMMON PLEAS 4001 LEADENHALL ROAD CUMBERLAND COUNTY, PENNSYLVANIA MOUNT LAUREL, NJ 08054 Plaintiff V. C. ROSE COMP 18 RUN ROAD CARLISLE, PA 17015-7731 No: 09-0694 - CIVIL TERM Defendant ANSWER WITH NEW MATTER AND NOW, comes the Defendant, C. Rose Comp, by and through her attorneys, THE LAW OFFICE OF DARRELL C. DETHLEFS, by Michael J. Pykosh, Esquire, who responds to Plaintiffs Complaint as follows: 1. Admitted in Part, Denied in Part. It is admitted that the Plaintiff is PHH Mortgage Corporation. As for Plaintiff's address, after reasonable investigation, Defendant is without knowledge as to the truth or veracity as to whether Plaintiff is a corporation or that it maintains a business address at 4001 Leadenhall Road, Mount Laurel, NJ 08054 . Therefore the remainder of averment as set forth in Paragraph 1 is denied. 2. Admitted. 3. Admitted in Part, Denied in Part. It is admitted that on 11/21/2007, Mortgagor made, executed, and delivered a Mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. The remainder of Paragraph 3 is denied. Whether MORTGAGE ELECTRONIC REGISTRATION SYSTEMS is a nominee for PHH Home Loans, LLC DBA ERA Home Loans is a conclusion of law to which no response is required. After reasonable investigation; Defendant is without knowledge as to the truth or veracity of whether Plaintiff is now legal owner of the Mortgage and is in the processing of formalizing an Assignment of the same. The remainder of the averment which indicates the Mortgage and Assignment, if any, are matters of public record and are incorporated herein by reference in accordance with PA Rules of Procedure 1019G which relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are public record is a conclusion of law to which no response is required. Strict proof is required at the time of trial. 4. Denied. The averment set forth in Paragraph 4 constitutes a conclusion of law to which no response is required. Strict proof is required at the time of trial. 5. Denied. The averment set forth in Paragraph 5 constitutes a conclusion of law to which no response is required. Strict proof is required at the time of trial. 6. Denied. The averment set forth in Paragraph 6 constitutes a conclusion of law to which no response is required. To the extent that a response is deemed Judicially required, Defendant specifically denies the averments of Paragraph 6 and demands strict proof at the time of trial in this matter. 7. Denied. The averment set forth in Paragraph 7 constitutes a conclusion of law to which no response is required. To the extent that a response is deemed judicially required, Defendant specifically denies the averments of Paragraph 7 and demands strict proof at the time of trial in this matter. 8. Denied. The averment set forth in Paragraph 8 constitutes a conclusion of law to which no response is required. To the extent that a response is deemed judicially required, Defendant specifically denies the averments of Paragraph 8 and demands strict proof at the time of trial in this matter 9. Denied. The averment set forth. in Paragraph 9 constitutes a conclusion of law to which no response is required. To the extent that a response is deemed judicially required, Defendant specifically denies the averments of Paragraph 9 and demands strict proof at the time of trial in this matter. WHEREFORE, the Defendant, C. Rose Comp, demands that Plaintiffs case be dismissed. Respectfully Submitted, Dated: ?_? )Q q By. &1 Micha J. ykosh, Esquire DEFENDANT'S NEW MATTER 10. Defendant, C. Rose Comp, incorporates and makes part of this New Matter paragraphs 1 through 9 of the foregoing Answer to Plaintiff's Complaint as if fully set forth herein. 11. Plaintiffs Complaint failed to include a proper verification as required by PA R.C.P. 1024(c). 12. Plaintiffs Action may be barred by the doctrine of estoppel. 13. Plaintiff's Action may be barred by the doctrine of waiver. 14. Plaintiff's Action may be barred by the doctrine of unclean hands. WHEREFORE, the Defendant, C. Rose Comp, respectfully demands a judgment in her favor and against Plaintiff with costs, attorney's fees and any other relief the Court deems just. Respectfully Submitted, Dated: By:' -MichagO. osh, Esquire VERIFICATION I; C. Rose Comp, hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section, 4904, relating to unsworn falsification to authorities. Date: (/' ?I?L (?? "0 C. Rose Comp Michael J. Pykosh, Esquire ID # 58851 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 moVkoshZi,dcdlaw.net Attorney for Defendant PHH MORTGAGE CORPORATION: IN THE COURT OF COMMON PLEAS 4001 LEADENHALL ROAD CUMBERLAND COUNTY, PENNSYLVANIA MOUNT LAUREL, NJ 08054 Plaintiff V. No: 09-0694 - CIVIL TERM C. ROSE COMP 18 RUN ROAD CARLISLE, PA 17015-7731 Defendant To: PHH Mortgage Corporation c/o Sheetal R. Shah-Jani Phelan, Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be d against you. Michael sh, squire EXHIBIT E f..I, !r 11' ri L_ 1 N P-A 107 N. Front Street, Suite 115 Harrisburg, PA 17101 Phone (215) 563-7000 x 7365 Fax (717) 234-1549 Email: joseph.schalkOfedphe.com Joseph P. Schalk, Esquire March, 2009 Michael J. Pykosh, Esquire The Law Office of Darrell C. Dethlef 2132 Market Street Camp Hill, PA 17011 Re: PHH Mortgage Corporation v. C Rose Comp Cumberland County CCP, No. 09-694-Civil Dear Michael J. Pykosh: FILE C'-,?Y Representing Lenders in Pennsylvania & New Jersey* We are in receipt of your responsive pleading on the above referenced matter. We are following up with this letter to inquire about your client's intentions for curing the arrearages. If your client is interested in alternatives to foreclosure and/or curing the default, kindly contact Dan Trautz of our office. Please note that your settlement proposal should be in writing and faxed to 215-563- 4491 and to the attention of Mr. Trautz. Please be advised that until settlement is reached, our office does not have authority to hold off on the proceedings, therefore kindly be guided accordingly. Very truly yours, h Sc alk, squire J ag Enc osures * Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you have previously received a discharge in bankruptcy and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of lien against property. PHELAN 1-!AL IN AN h 4h, 5???-!MI 107 N. Front Street, Suite 115 Harrisburg, PA 17101 Phone (215) 563-7000 x 7365 Fax (717) 234-1549 Email: joseph.schalk(crfedphe.com Joseph P. Schalk, Esquire March, 2009 Office of the Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 Re: PHH Mortgage Corporation v. C Rose Comp Cumberland County, CCP, No. 09-694-Civil Dear Sir/Madam: r Representing Lenders in Pennsylvania and New Jersey* Enclosed please find Plaintiff's Reply to Defendant's New Matter to Plaintiff's Complaint and Certification of Service for filing with the court. Please return a time-stamped copy of the first page of the Reply and Certification in the enclosed self-addressed stamped envelope. Your cooperation in this matter is appreciated. Very truly yours, '( o . Schalk, , Esquire JS ag Enclosures cc: Michael J. Pykosh, Esquire * Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you have previously received a discharge in bankruptcy and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of lien against property. PHELAN HALLINAN & SCHMIEG, LLP BY: Joseph P. Schalk, Esquire Identification No.: 91656 107 N. Front Street Suite 115 Harrisburg, PA 17101 (215) 563-7000 PHH Mortgage Corporation Plaintiff vs. C Rose Comp Defendant Attorney for Plaintiff Court Of Common Pleas Civil Division Cumberland County No. 09-694-Civil CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff's Reply to Defendant's New Matter was sent via first class mail to the person listed below on the date indicated: Michael J. Pykosh, Esquire The Law Office of Darrell C. Dethlef 2132 Market Street Camp Hill, PA 17011 /10 CAJ-\ Date: ('-l0 1 By: . J h P. Schalk, Esquire Att ney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP BY: Joseph P. Schalk, Esquire Identification No.: 91656 107 N. Front Street Suite 115 Harrisburg, PA 17101 (215) 563-7000 PHH Mortgage Corporation Plaintiff vs. C Rose Comp Defendant Attorney for Plaintiff Court Of Common Pleas Civil Division Cumberland County No. 09-694-Civil PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER Plaintiff, PHH Mortgage Corporation, by its attorney, Joseph P. Schalk, Esquire, hereby files the within Reply to New Matter of Defendant C Rose Comp and and in support thereof states as follows: 10. Plaintiff incorporates herein by reference the averments of paragraphs one (1) through nine (9) of its Complaint as if set forth herein at length. 11. Denied as stated. Plaintiff's Complaint in Mortgage Foreclosure included a verification executed by Plaintiffs counsel in order to allow Plaintiff to promptly file its Complaint and due to the unavailability of the Plaintiff. Plaintiff has subsequently filed Praecipe to Substitute Verification, a copy which is attached hereto, incorporated herein and marked as Exhibit "A". The Praecipe includes a verification executed by the Plaintiff. Strict proof to the contrary is demanded. 12. Denied. The averment of paragraph twelve (12) contains a conclusion of law to which no response is necessary. To the extent that a response is required, Defendant has failed to plead facts sufficient to form a basis for a defense of doctrine of estoppel. Strict proof is demanded. 13. Denied. The averment of paragraph thirteen (13) contains a conclusion of law to which no response is necessary. To the extent that a response is required, Defendant has failed to plead facts sufficient to form a basis for a defense of waiver. Strict proof is demanded. 14. Denied. The averment of paragraph fourteen (14) contains a conclusion of law to which no response is necessary. To the extent that a response is required, Defendant has failed to plead facts sufficient to form a basis for a defense of unclean hands. Strict proof is demanded. WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor and against Defendant as requested in Plaintiffs Complaint. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: 2)CI 'Qq By: Jtttyy P. chalk, Esquire A efor Plaintiff f EXHIBIT A PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 1617 JFK Boulevard Philadelphia, PA 19102 (215) 563-7000 Fax: (215) 563-3352 February 26, 2009 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: PHH MORTGAGE CORPORATION vs. C ROSE COMP No. 09-694-CIVIL Our File No. 196542 Dear Sir/Madam: Enclosed please find Plaintiffs Praecipe To Substitute Verification relative to the above matter. Kindly file the original of record and return a time-stamped copy of the Praecipe in the enclosed self-addressed, stamped envelope. Very truly yours, Pre-Foreclosure Department of Phelan Hallinan & Schmieg, LLP Enclosure(s) 9@T PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 PHH MORTGAGE CORPORATION Plaintiff VS. C ROSE COMP Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-694-CIVIL CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: /s/ Francis S. Hallinan 9@T Francis S. Hallinan, Esquire Date: 02/26/2009 PHS #: 196542 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 PHH MORTGAGE CORPORATION Plaintiff VS. C ROSE COMP Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-694-CIVIL CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: C ROSE COMP 18 RUN ROAD CARLISLE, PA 17015-7731 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: /s/ Francis S. Hallinan Francis S. Hallinan, Esquire Date: 02/26/2009 i VERIFICATION `. M' Y 1100e. hereby states that he/she is vtCPi P6 ?' bf 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. h? ?Y Name: f e -1-5_ }Vt Q Y,.Q DATE: zlxua 11 x2 rq Title: v We, Pr-e51a&4 Company: PHH MORTGAGE CORPORATION Loan: 0045893922 File #: 196542 VERIFICATION Joseph P. Schalk, Esquire, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to make this verification, and that the statements made in the foregoing Reply to New Matter are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsifications to authorities. PHELAN HALLINAN & SCHMIEG, LLP Date: A-GI `o9 By: V(J JoP. halk, Esquire Attorney for Plaintiff 107 N. Front Street, Suite 115 Harrisburg, PA 17101 (215) 563-7000 EXHIBIT F PHH Mortgage Services 4. 4001 Leadenhall Road Mt Laurel, NJ 08054 Tel 800-257-0460 Fax 856-917-8300 October' 3, 2008 VIA Certified/RRR Mail TO: C COMP 18 RUN RD CARLISLE, PA 17015 Rc: Loan Nurnber.ladow WE ARE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. The MORTGAGE held by PHH Mortgage Corporation on your property located 18 RUN RD CARLISLE, PA 17015 IS IN SERIOUS DEFAULT because you have not made the monthly payments totaling 52,486.22 during the months of 08/01!2008 through 10/0112008. Late charges (and other charges) have also accrued in the amount of $ 27.69. The total amount now required to cure this default, or in other words, get caught up in your payments, as ofthe date of this letter is 52,513.91 You may cure this default within THIRTY (30) DAYS from the date of this letter, by paying to us the above amount of 52,513.91, plus any additional monthly payments and late charges which may fall due during this period Such payment must be made in the form of certified check, cashier's check or money order, and made at PHH MORTGAGE CORPORATION, 4001 Leadenhall Road, Mount Laurel, NJ 08054, Attention: Cash Management Department (800) 330-0423. As of the date of this letter, you owe the amount specified above. Because of interest, late charges, and other charges that may vary from day to day, the amount due on the day that you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check, in which event we will inform you before depositing the check for collection. For further information write the undersigned or call (800) 330-0423 and ask for the Reinstatement Department if you do not cure the default within THIRTY (30) DAYS of the date of this Notice, we intend to exercise our rights to accelerate the mortgage payments. This means whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly payments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to start a lawsuit to foreclose on your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the Sberiffto pay off the mortgage debt If you cure the default before we begin legal proceedings against you, you will still have to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable atwmey's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure this default within the thirty three day period, you will not be required to pay the attorney's fees. YOU HAVE THE RIGHT TO REINSTATE AFTER ACCELERATION AND THE RIGHT TO ASSER IN THE FORECLOSURE PROCEEDINGS THE NON-EXISTENCE OF A DEFAULT OR ANY OTHER DEFENSE YOU MAY HAVE TO ACCELERATION AND FORECLOSURE. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one houf before the Sheriffs foreclosure sale. You may do so by paying the total due, as well as the reasonable attorney's fees and costs incurred in connection with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriffs Sale could be held would be approximately six months from the date of this letter. A notice of the date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by call us at the following number (800) 330-0423. This payment must be in the form of certified check, cashier's check or money order and made payable to us a the address stated above. You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriffs Sale, a lawsuit could be started to evict you. You have additional rights to help protect your interests in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTTTIUTION TO PAY OFF THIS DEBT (YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE AND THAT THE OTHER REUQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED.) CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS MIGHT EXIST. YOU HAVE THE - RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure this default, the mortgage will be restored to the some position as if no default had occurred. However, you are not entitled to this right to cure your default more than three (3) times in any calendar year. Sincerely, PHH Mortgage Collection Department EXHIBIT G THE MORTGAGE SERVICE CENTER •1001 T,F.ADENHALL ROAD MT LAUREL. NJ C8054 CUS':OMRR ACCOUNT ACTIVITY STATEMENT DATE Db/01/:79 REQ B3 M03 PAGE 1 C R Ccr.:P 18 RUN R:) CARLISLE PA 1-/C15 LOAN NUMBER: * * * * * * A * k * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * A A k * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ---------------- -------- CL.RRENT ACCOUNT INFORMATION -------------- -------- DATE TOTAL PRINCIPAL LOAN CURRENT PAYMENT PAYNIFUT & INTEREST INTEREST PRINCIPAL 1SCROW Dl(F. AMOUNT PAYMENT PATE BALANCE BALANCE 08-01-09 828.7: 650.60 6 78000 99,390.55 999 85- * * * fi * * * * 4 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * A A k * * * * * * W i * * * * * * * * k * * # * * ACTIVITY FOR PERIOD <16/01:07 06%01; 09 PROCESS DUE ':RANSAC-:ON rRANSACTION 3FFECTI"vl SATE DATE DATE CODE DESCRTPTION OF TRANSACTIOE ------------- ------------------ ----------------- ----------------- --------- TR.-NSA--':'-ON PRIN. PAID/ ESCROW PAID/ --- -------OTHER----- ------- AMOUVT BALANCE INTEREST BALANCE AMJIA-T CODE/DESCRIPTION -- - ------ - --- 05-05-09 08-08 L61 EF:CP.OW AD-VANCE 10.41 0.00 O.OC 40.41 05-DJ-09 12-09 310 MORTGAGF INSURANCE DISBURSEMENT 40.41- 0.00 C.00 40.41- 999.85- NEW PR_NCIFA:./ESCRCW BAL=,NCFS C4-22 09 CO-00 630 ATTORNEY ADVANCES 175.OC 0 00 0.00 0.09 0d-15-09 08-08 161 ESCROW ADVANCE :66.21 0.00 0.00 166.21 04-15-09 04-09 313 CITY TAX 166.21- 0.00 0_D'J 166.21- 959.44- NEW PRINCIPAL/ESCROW BAL_ANCFS 04 03-0y 08-08 L51 ESCROW ADVANC'E 40.41 0.00 0.0C 40.41 04-03-09 12-09 310 MORTGAGE INSURANCE DISBURSEMENT 40.41- 0.00 C.00 40.41- 793.23- NrW PRINCIPAL/ESCROW BALANCES C3-05-01 08-08 161 ESCROW ADVANCE 4C-kl 0.00 0.00 40.41 03-C5-09 12-09 310 MORTGAGE INSURANCE DISBURSEMENT 40.41- 0.00 0.00 40.41- 752.82 NEW PRINCIPAL/ESCROW BALANCES 02-18-0S 00-00 632 STATUTORY EXPENSES 75 00 0.00 0.00 0.00 THE MORTGAGE SERVICE CEN-FR 4 C C 1 LEADENHAI.L ROAD MT LAUREL, NJ 08054 CUSTOMER ACCOUNT ACTIVITY STATEMENT DATE 06/01/C9 REQ BY M03 PAGE 2 C R COMP LOAN tiJM1iER: ACT_V:TY FOR FERICD 06/01/07 - 06!01/09 PROCESS DUE TRANSACTION TRANSACTION EFFECTIVE DATE DATE DATE CODE DESCRIPTION OF TRANSACTION ------------ --------------- - -='RANSAI"IION PRIN. PAID/ ESCROW PAID/ ------ -----OTHER------- ----- AMCU14T BALANCE INTEREST BALANCE AMOUNT :ODE/DESCRIPTION --- ------------------ ------------------ ----------------- ----------------- J2-13-09 00-00 632 STATUTORY EXPENSES 325.00 C.CO 0 00 0.00 02-18-09 00-00 632 STATU'-OPY EXPENSES 100.00 0.00 0.00 0.00 02 18-C9 00-00 632 STATUTCRY EXPENSES 135.00 O.OV 0.00 0.00 02-18-09 00-00 632 STATUTORY EXPENSES "0.00 0.00 D.OD 0.00 02-18-09 00-00 632 STATUTORY EXPENSES 78.50 0.00 0.00 0.00 02 18-09 00-00 630 ATTORNEY ADVANCES 650.00 0.00 0.00 0.00 02-05-09 08-08 161 ESCROW ADVANCE 40.11 C.CQ 0 00 40.41 02-05-09 12-09 310 MORTGAGE 7NSURANCE DISBURSEMENT X0.41- 0.00 0.00 40.41- 712 41- NEW PRINCIPAL/ESCROW BALANCES C1-C5-C9 08-08 L61 ESCROW ADVANCE 40.41 0.00 0.00 40.31 0=-05-09 12-09 310 MORTGAGE INSURANCE DISBURSEMENT 40 41- 0.00 J.01) 40.41- 672.00- NEW PRINCIPAL/ESCROW BALANCES 12-16-08 08-03 152 LATE CIIARGE ASSESSMENT 0.?0 0.00 0.C0 0 CC 26.02-1 LATE CHARGE 12-05-08 08-08 161 ESCROW ADVANCE 40.85 0.00 C.00 10.85 12-05-06 12-C8 31C MORTGAGE INSURANCE DTSBURSEMENT 40.85- C-GO 0 00 40.85- 631.59- NEW PR:NCIPALIESCROW BALANCES 11-11-C8 08-08 152 :,A:'E CHARGE ASSESSMENT C.CG 0.00 0.00 0.00 26.07-1 LATE CHARGE 11-C5-OS 08-08 161 ESCROW ADVANCE 40.85 0.00 O.DD 40.85 11 05-08 12-08 310 MORTGAGE INSURANCE DISBURSEMENT 40.85- J 00 0.00 40.85- 59C.74- DIEM PRINCIPAL/ESCROW BALANCES THE MORTGAGE SERVICE ENTER 4001 LEADENRALL ROAD MT LAUREL, Ni 080,94 REQ BY M03 CUSTOM3R ACCOUNT ACTIVITY STATEMENT C R COMP LOAN 14,.M11FR: DATE 06/01/09 PAGE 3 AC'T'IVITY FOR PERIOD 06/01/07 - 06/01/09 PROCESS DUE :RANSACTICN TR.ANSACTICN SFF-CT1',,F DATE DATE DATE C'CDE DFSCRIPTION OF TRAN:AC'TION ------------------- -------OTHER---- -------- TRAN;iA_'IICTd PRIN. PAID/ ESCROW PAID/ --- AMCU4T BALANCE INTEREST BALANCE AMOUNT CODE/DESCRIPTTON --- ------------------ -------------- 10-16 03 08-08 152 LATE CHARGE ASSESSMENT 0 00 0.00 C.GO 0.00 26.02-1 LATE CHARGE 10-16-08 08-C8 161 ESCROW ADVANCE 549.89 0.00 0 00 549.89 10-16-C8 11-08 351 HAZARD INSURANCE DISBURSEMENT 752.41- 0.00 0 00 752.41 319 89- NEW PRINCIPAL/ESCROW BALANCES 10-03-08 12-08 310 MORTGAGE INSURANCE DISBURSEMENT 10 85- 0.00 0-00 40.85- 202.52 NEbl? PRTNCIPAL/ESCROW BALANCES 09-16-08 08-OB 152 LATE CHARGE ASSESSMENT 0.00 0.00 O.CC O.CC 26.02-1 LATE CHARGE 09-05 03 12-08 310 MORTGAGE INSURANCE DISBURSEMENT 40 85- O.CC 0.00 40.85- 243.37 NEW ?RINCI?AL/ESCROW BALANCES 08-29-08 C7-08 173 900.CC 88.54 99,390.55 06 19-06 08-08 316 886-74 0.00 08-18-08 07-08 152 0 00 0.00 03-05-09 12-08 310 -10.85- 0.00 07 25-08 C6-C8 173 8=6.24 88.05 99,479 09 C7-16-08 06-08 152 G 00 0.00 07-03-06 12-08 310 40 85- 0.00 06.18-OS 05-09 173 846.24 87.55 99,567.1-1 PAYMENT 562.06 178.14 71.26 1 LATE CHARGE 234.22 NEW PRINCIPAL/ESCROW',BALANCES SCHOOL TAX 0.00 886.74- 105.09 NEW PRINCIPAL;ESCROW RAL.4NCES LA'I'R CHARGE ASSESSMENT 0-00 0.00 26.02-1 LATE CHARGE MORTGAGE INSURANCE DISBURSEMENT C.00 40.85- 992.82 NEW PRINCIPAL/ESCROW BALANCES PAYMENT 562.55 178.14 17.50 1 LA-E CHANGE 1033 61 NEW PRINCIPAL/ESCROW BALANCES LATF. CHARGE ASSESSMENT 0.00 0.00 26.02-1 LATE CHARGE MORTGACE INSURANCE DISBURSEMENT 0.00 40.85- 855.53 NEW PRINCIPAL/ESCROW BALANCES PAYMENT 563.C5 178 14 17.50 1 LATE CHARGE 896.38 NEW PRINCIPAL/ESC'RO0 BALANCES -"HE MORTGAGE SERVICE CENTER 4001 LEAD=I7HALL ROAD MT LAUREL, NJ 08054 REQ BY M;) 3 CUSTOMER ACCOUNT ACTIVITY STATEMENT C- R Comp LOAN NUMBER: LATE 06/01/09 FAGE 4 ACTIVITY FOR PERIOD 06101107 - 06/01/09 PROCESS DUE TRANSACTION TRANSACTION EFFECTIVE DATE DATE :)ATE CODE DESCRIPTION --------- ----- OF TRANSACTION -- -- ----- TRANSACT ----- ION --------- ------ PRIN PAID/ --- ESCROW PATD/ -- -------- OTHER ------ AMOUNT BALANCE INTEREST BALANCE AMOU ---------------- ------------------- NT CODE/ DESCRIP:'_ON ---- ------------------ ---------- 06-18-08 -- -- GS-C8 -- ,73 PAYMENT 0.00 0 00 0.00 0.00 22.17 1 :ATE CHARGE 22.17- C6-16 08 05-08 152 0.00 0.00 06-1C-08 05-08 L73 ^2._i 0.00 06-05-08 12-08 310 40.85- 0.0;1 -15-16-08 05-06 152 0.00 0.00 05-11-Od 05-08 173 17 50 C . 0'; 05-14-08 0.1-CS 1-73 828.74 87.06 99,654.69 CS-05-CS 12-08 310 40.85- 0.00 04-22-08 04-08 173 7.50 x).00 04-22-08 04-08 173 26.02 0.00 04-22 08 03-08 1/3 828.74 85.57 99,741.75 04-16-08 03 08 152 0-00 O.CO 04-15-08 04-08 313 159.34- 0.00 04/1 04-08 12-08 3-0 40-85 0.00 03-1'7-08 03-08 152 C 00 1.00 LATE CHARGE ASSESSMENT 0.00 0.00 26.02-1 LATE CHARGE PAYMENT O.OO 0.00 22.17 MORTGAGE I%S',jRANCF. DISBURSEMENT 0.00 40.85- 718.24 NE% PRINCIPAL/ESCROW BALANCES LATE CHARGE ASSESSMENT 0 CC O.CO 26.02-1 LATE CHARGE PAYMENT 0.00 0.00 17.50 5 SPEEDPAY PAYMENT 563.5! 178.14 759.09 NEW PR-NC-PA--/ESCROW BALANCES MORTGAGE INSURANCE DISBURSEMENT 0 00 40.85 580.95 NEW PRINCIPAL/ESCROW 9ALANCES PAYMENT 0.00 0.00 17.50 5 SPEEDPAY PAYMENT 0.00 0.00 26 02 1 LATE CHARGE PAYMENT 564.03 178.14 621.80 NEW PRINCIPAT./ESCROW BALANCES LATE CHARGE ASSESSMENT O.CC C.CG 26.02-1 LATE CI'ARGE CITY TAX 0.00 159.34- 443.66 NEW PRINCIPAL/ESCROW BALANCES MORTGAGE =NSURANCE DISBURSEMENT 0.00 40.85- 603.00 NEW PR:NCIPAL/ESCROW BALANC-S LATE CHAPGE ASSESSMENT 0.00 0.00 26.02-1 LATE CHARGE THE MORTGAGE SERVICE ;:ENTRR 40C1 LEADENHALL ROFD MT LAUREL, NJ 08054 REQ BY M03 CUSTOMER ACCCUNT ACTIVITY STATEMENT DATE 06/01/09 PAGE 5 C R COMP LOAN NUM_3 FR : ACTIVTTY FOR PERIOD 06/01/07 - 06/0/09 PROCESS DUE TRANSACTION 7RANSACT:ON 3FF--CTIVE DATE DATE DATE CODE DESCR-IPTTCN OF TRANSACTION ------------ ----------------- -- --------------- TRANSA:-rioN PRIN. PAID/ ESCROW PAID/ ----------- OT-.TER------------- AMOUN- BALANCE INTEREST BALANCE AMOUNT CODE./DESCRIPTION -- ------------------------------------ (13-n5 08 12-08 310 MORTGACE INSURANCE DISBT;R SEME:NT 3`.1 69- 0.00 0.00 39.69- 643.85 NEW PRINCIPAT,/ESCROW BALANCES 02-08-08 02-08 172 PAYMENT 828.74 86.08 564.52 1i8.14 99.828 32 683.54 NEW PRINCIPALiESCROWI,BAT,ANCES 02-05-08 12-CS 310 MORTGAGE INSURANCE DISBURSEMENT 41.43- 0.00 0.00 41.43- 505.40 NEW PRINCIPAI,!''SCRCW BALANCES 01-04-08 12-08 310 MORTGAGE INSURANCE DISBURSEMENT 41.43- 0.0%) 0.00 41-43- 546.83 NEW PRINCIPAL/ESCROW 13ALAXCES :2-31-07 01-08 172 PAYMENT 828 74 85.60 565.00 178.14 99,914.40 588.26 NEW PRINCIPAW ESCROW BALANCES 12-05-07 01-0B 170 ESCRO77 DEPOSTT 410.12 0.00 0.00 410.12 410.12 NEW PRINCIPAL/ESCROW BALANCES 12-04 07 01-08 143 AD.TUSTMENT 0 00 C.00 185.80 0.00 11-21-07 C1-08 142 LOAN SETUD 0.00 IC0,000.00- 0.00 0.00 100,000-00 NEW PR=NCIPA:-/ESCRCW BALANCES VERIFICATION Joseph P. Schalk, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to make this verification, and that the statements made in the foregoing Motion for Summary Judgment and Brief are true and correct to the best of his knowledge, information, and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. ca O By: Date FILED-O: F iCE OF THE' PR."C'T+, ,,".1,7ARY 2009 JUN 12 AM 10- 10 CliP???? `;a;v ?Y PHELAN HALLINAN & SCHMIEG, LLP By: JOSEPH P. SCHALK, ESQUIRE Identification No. 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 PHH Mortgage Corporation 4001 Leadenhall Road Mount Laurel, NJ 08054 Plaintiff VS. C. Rose Comp 18 Run Road Carlisle, PA 17015-7731 Defendant Attorney for Plaintiff : Court of Common Pleas : Civil Division : No. 09-694-Civil : Cumberland County CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion for Summary Judgment and Brief in Support thereof, attached Exhibits, and Order were sent via first class mail to the person on the date listed below: Michael J. Pykosh, Esquire The Law Office of Darrell C. Dethlef 2132 Market Street Camp Hill, PA 17011 Date: ca I I % loci By: ? OJ Jos ffPS alk, Esqui re Att Plaintiff F1LF?-u??=C? OF THE FF' T'''^E\;OTARY 2009 JUN 12 AN 10: 11 curl./,, :? PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. PHELAN HALLINAN & SCHMIEG, LLP By: JOSEPH P. SCHALK, ESQUIRE Identification No. 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 PHH Mortgage Corporation 4001 Leadenhall Road Mount Laurel, NJ 08054 Plaintiff VS. Attorney for Plaintiff : Court of Common Pleas : Civil Division : No. 09-694-Civil C Rose Comp Cumberland County 18 Run Road Carlisle, PA 17015-7731 Defendant 1. State matter to be argued: Plaintiffs Motion for Summary Judgment 2. Identify counsel who will argue case: (a) for plaintiff. Joseph P. Schalk, Esquire Address: 126 Locust Street Harrisburg, PA 17101 (b) for plaintiff. Michael J. Pykosh, Esquire Address: The Law Office of Darrell C. Dethlef 2132 Market Street Camp Hill, PA 17011 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: July 22, 2009 Date: I tose h P. chalk, Esquire Atto ev for Plaintiff FfL D-,Jt rFCE 2009 RI ON 12 A 10: 0 9 Phelan Hallinan & Schmieg, LLP By: Jenine R. Davey, Esquire Identification No. 87077 One Penn Center Plaza 1617 JFK Boulevard, Ste.1400 Philadelphia, PA 19103 (215) 320-0007 PHH Mortgage Corporation vs. C. Rose Comp 18 Run Road Carlisle, PA 17015-7731 Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No.09-694-Civil PRAECIPE FOR IN REM JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against C. Rose Comp, Defendant, pursuant to the Consent Judgment dated July 17, 2009, and assess Plaintiff s damages as follows: Debt (Pursuant to Consent Judgment) Interest -February 5, 2009 TOTAL $106,417.52 $3,051.36 $109,468.88 I hereby certify that (1) the address of the Defendant is as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. nine R. Davey, E uire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ~~~ ~!~ ~Dl`' PHS# 196542 (/ PRO PROTHY PHELAN HALLINAN & SCHMIEG, LLP By: Joseph P. Schalk, Esquire Identification No. 91656 126 Locust Street Harrisburg, PA 17101 (215) SE,'i-7000 PHH Mortgage Corporation 4001 Leadenhall Road Mount Laurel, NJ 08054 Plaintiff vs. C. Rose Comp 18 Run Road Carlisle, PA 17015-7731 Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division No. 09-694-Civil Cumberland County AND NOW, This ~ day of , 2009 it is hereby agreed by and between, PHH Mortgage Corporation (hereinafter "Plaintiff'), by and through its counsel, Joseph P. Schalk, Esquire and C. Rose Comp (hereinafter "Defendant"), by and through her counsel Michael J. Pykosh, Esquire, Esquire as follows: WHEREAS, Plaintiff is the holder of the Mortgage on the property located at 18 Run Road, Carlisle, PA 17105-7731 (hereinafter the "Property"); WHEREAS, Defendant is the mortgagor and owner of the Property; WHEREAS, the Mortgage is in default because monthly payments on the Mortgage due August 1, 2008 and each month thereafter are due and unpaid; WHEREAS, by the terms of the Mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are due forthwith; WHEREAS, the parties to this Consent Judgment are desirous of resolving the issues raised in the Complaint and therefore, Plaintiff and Defendant agree as follows: 1. An in r~.m judgment is entered in favor of Plaintiff and against Defendant, C. Rose Comp in the sum of $106,417.52 plus interest from February 5, 2009 at the rate of $18.72 per diem and other costs and charges collectible under the Mortgage, for foreclosure and sale of the Property. 2. Plaintiff may immediately file the instant Consent Judgment with the Court. 3. Defendant's Answer with New Matter to the Complaint filed on February 24, 2009 is hereby dismissed with prejudice. 4. In the event that, prior to a Sheriffs Sale, it is determined that Plaintiff has expended sums with regard to the Property, including but not limited to real estate taxes and insurance, then Defendant will stipulate with Plaintiff to the reassessment of damages in order to increase or decrease the judgment to reflect the expenditure made by Plaintiff. 5. Defendant will peacefully vacate the Property by the date of the Sheriffs Sale. 6. Defendant hereby releases and forever discharges Plaintiff, its successors and assigns, predecessors, servicers, agents, employees, officers, directors, representatives, and attorneys from any and all claims, demands, damages, or liabilities whether now known or unknown arising out of or in any way connected to Plaintiffs servicing of Defendant's loan and the within foreclosure action. 7. The foregoing represents the entire agreement of the parties and no modification, amendment or extension hereof shall be valid, unless in writing and signed by all signatories to . this agreement. ~„ 8. The attorneys executing this Consent Judgment have done so only after having discussed the terms with their respective clients and having obtained their consent to be bound by the terms of this Consent Judgment. Date:'c~~ Date: l ~ose~ih l~ Schalk, Esquire Atto ev for Plaintiff Michael J. Pyl~h, Esq Attorney for Defendant C. Rose Comp Phelan Hallinan & Schmieg, LLP By: Jenine R. Davey, Esquire Identification No. 87077 One Penn Center Plaza 1617 JFK Boulevard, Ste.1400 Philadelphia, PA 19103 (215) 320-0007 Attorney for Plaintiff PHH Mortgage Corporation vs. C. Rose Comp 18 Run Road Carlisle, PA 17015-7731 Court of Common Pleas Civil Division Cumberland County No. 09-694-Civil VERIFICATION OFNON-MILITARY SERVICE Joseph P. Schalk, Esquire, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant C. Rose Comp is over 18 years of age and resides at 18 Run Road, Carlisle, PA 17015-7731. This statement is made subject to the penalti of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~ ~ R. Davey, w for Plan. ~I1.~D-ui'i=~~~ QF 1'HE ~P~~'!-1'~~fJTARY 209 JUI.2 I ~~910~ ~ 0 ~r~~r~~~Y~vri~~t,~ ~~~ ~~ (Rule of Civil Procedure No. 236) -Revised PHH Mortgage Corporation vs. C. Rose Comp 18 Run Road Carlisle, PA 17015-7731 Court of Common Pleas Civil Division Cumberland County No. 09-694-Civil Notice is given that a Judgment in the above captioned matter has been entered against you on a / , 2009. By: _rY If you have any questions concerning this matte please contact: Jen~lle R. Davey, Esqu e Attorney or Party Fili g 1617 JFK Boulevard, Ste.1400 Philadelphia, PA 19103 (215) 320-0007 **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.**