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HomeMy WebLinkAbout09-3708Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 V-!rancis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 206920 PHH MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Plaintiff V. CHARLES E. CLARK, H 11 EAST MANOR AVENUE, ENOLA, PA 17025-2822 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM No. N-3908 0,1v4-FeC14 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 206920 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 #: 206920 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: CHARLES E. CLARK, H 11 EAST MANOR AVENUE, ENOLA, PA 17025-2822 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/12/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR CENTURY 21 MORTGAGE which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book 1955 Page 3658. By Assignment of Mortgage recorded 11/15/2007 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 200742997. Said mortgage was modified as set forth in the modification agreement dated 04/24/08, in Mortgage Inst# 200821520. 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 10/01/2008 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 #: 206920 6. 7 8. The following amounts are due on the mortgage: Principal Balance $104,612.31 Interest $6,206.75 09/01/2008 through 06/02/2009 (Per Diem $22.57) Attorney's Fees $1,300.00 Cumulative Late Charges $572.08 04/24/2008 to 06/02/2009 Mortgage Insurance Premium / $388.08 Private Mortgage Insurance Cost of Suit and Title Search 750.00 Subtotal $113,829.22 Escrow Credit $0.00 Deficit $623.50 Subtotal 623.50 TOTAL $114,452.72 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 #: 206920 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $114,452.72, together with interest from 06/02/2009 at the rate of $22.57 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: fence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Attorneys for Plaintiff File #: 206920 LEGAL DESCRIPTION ALL THAT CERTAIN tract-or parcel of land situate and being in the Township of East Pennsboro, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the northern side of Manor Avenue, 25 feet West from the northwest corner of Manor Avenue and Second Alley; THENCE nouthwardly through the partition wall of a double frame dwelling and beyond 100 feet to lands now or late of Mary E. Myers; THENCE westwardly along the said land parallel with Manor Avenue, 25 feet to a point on the line of Lot No. 31, Block C, on a Plan of Lots laid out by A. R. Rupley and recorded in the Office of the Recorder of Deeds of Cumberland County in Record Book O, Volume 6, Page 600; THENCE southwardly along said lot, 100 feet, more or less, to Manor Avenue; THENCE eastwardly along Manor Avenue, 25 feet to a point, the place of BEGINNING. HAVING THEREON erected the western half of a double frame dwelling known as 11 East Manor Avenue, Enola, PA. BEING THE SAME PREMISES which Jose Chacon and Lisa K. Lamp-Chacon by deed dated June 12, 2006 and intended to be recorded simultaneously herewith in the Office of the Recorder of Deeds of Cumberland County, granted and conveyed unto Charles E. Clark, II, Mortgagor herein. PROPERTY BEING; 11 EAST MANOR AVENUE PARCEL# 09-15-1291-170 File #: 206920 VERIFICATION The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that, the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. DATE: YTS orney fo laintiff File #: 206920 OS TCE OF T4E N4TARY 2009JUH -4 PM 1: 39 C 6Sf-' t; ,J,'i CoUNTY PENNSYt v4a -+rl8.5o po IkTN ct.0 813351 AT* as `as-1 Sheriff s Office of Cumberland County R Thomas Kline ~.s~~tp of ~~autlaP~,~ ~ Edwazd L Schorpp Sherifj° a Solicitor ~~~ Ronny R Anderson ``~° ~ ~~'~' Jody S Smith Chief Deputy ~~~ or Yw~ s~seaiF~ Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 06/08/2009 04:54 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on June 8, 2009 at 1654 hours, he served a true copy of the within Complaint in Mortgage Foreclosurie, upon the within named defendant, to wit: Charles E. Clark II, by making known unto Nancy Clark, wife of defendant at 11 East Manor Avenue Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $42.40 June 09, 2009 2009-3708 PHC Mortgage Corp. v Charles E. Clark, II SO ANSWERS, ~~.~cr R THOMAS KLINE, SNiERIFF De ty eriff rv O ~ ~ ~ ~~r ~ _ ~ ~,--,.- N .-~ ~ C '. - -~ ~ , -r .... L~ :3J W -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 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff vs. CHARLES E. CLARK, II Defendant(s) ATTORNEY FOR PLAINTIFF :' COURT OF COMMON PLEAS CIVIL DIVISION N0.09-3708-CIVIL TERM CUMBERLAND COUNTY PHS #: 206920 PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION OMPLAINT IN MORTGAGE FO ECLOSURE TO THE PROTHONOTARY: ', Kindly substitute the attached verification fo~ the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: ^ Lawr nce T. Phelan ^ Francis S. Hallinan ^ Daniel G. Schmieg ^ Michele M. Bradfo ^ Judith T. Romano, ~Sheetal R. Shah-Jai Jenine R. Davey, E ^ Lauren R. Tabas, E ^ Vivek Srivastava, E ^ Jay B. Jones, Esq., ^ Peter J. Mulcahy, E ^ Andrew L. Spivack ^ Jaime McGuinness, ^ Chrisovalante P. Fli ^ Joshua I. Goldman, ^ Courtenay R. Dunn, ^ Andrew C. Bramble Date: 7-15-09 Esq., Id. No. 32227 Esq., Id. No. 62695 Esq., Id. No. 62205 d, Esq., Id. No. 69849 ;sq., Id. No. 58745 i, Esq., Id. No. 81760 q., Id. No. 87077 q., Id. No. 93337 ~q., Id. No. 202331 J. No. 86657 q., Id. No. 61791 Esq., Id. No. 84439 Esq., Id. No. 90134 ikos, Esq., Id. No. 94620 ?sq., Id. No. 205047 Esq., Id. No. 206779 t, Esq., Id. No. 208375 PHS #: 206920 OF Tip= ~~r,~ ~'-'~+~.~~~,t~Y ~_ ;, 2u~9 ~U~ l 7 P-~3 1 ~ ~ ~ vE-_ic~TioN m8 r G T {-{ ~ ~ k ~ hereby states that he/she is Vice Oc c~c~enk ofPHH MORTGAGE CORPORATION, servicing agent for Plaintiff, PHH MORTGAGE CORPORATION, in this matter, that he/she is authorized to take this Verification, and that the statements made in tl~e 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 mad subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authoritiesi I '~ ~~I Name: e F} ~~k\e DATE: ~~1,ne S 200 I, Title: Uic~ (~~ps ~clen~ Company: PHH MORTGAGE CORPORATION File #: 206920 Clark Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff vs. CHARLES E. CLARK, II Defendant(s) I hereby certify that a true and correct copy of Complaint was sent via first class mail to the fol ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION N0.09-3708-CIVIL TERM CUMBERLAND COUNTY Ztiff s Praecipe to attach Verification on the date listed below: CHARLES E. CLARK, II 11 EAST MANOR AVENUE, ENOLA, PA 17025-2822 Date: 7-15-09 Phelan ~allinan & Schmieg, LLP Attorne for Plaintiff By: ^ L ence T. Ph an, Esq., Id. No. 32227 ^ Fr cis S. Hallinan, Esq., Id. No. 62695 ^ Dan~~iel G. Schmieg, Esq., Id. No. 62205 ^ Mic ele M. Bradford, Esq., Id. No. 69849 ^ Judi h T. Romano, Esq., Id. No. 58745 he tal R. Shah-Jani, Esq., Id. No. 81760 Jeni e R. Davey, Esq., Id. No. 87077 ^ Lau n R. Tabas, Esq., Id. No. 93337 ^ Viv k Srivastava, Esq., Id. No. 202331 ^ Jay .Jones, Esq., Id. No. 86657 ^ Pete J. Mulcahy, Esq., Id. No. 61791 ^ And ew L. Spivack, Esq., Id. No. 84439 ^ Jaim McGuinness, Esq., Id. No. 90134 ^ Chri ovalante P. Fliakos, Esq., Id. No. 94620 ^ Josh a I. Goldman, Esq., Id. No. 205047 ^ Co enay R. Dunn, Esq., Id. No. 206779 ^ And w C. Bramblett, Esq., Id. No. 208375 ~~~ Tl~i ~=;.' , ;'',.;,:;r ,,~,, F ;!ANY 239 Jl};.. l 7 i'~ - i ~ ~ l1 PRAECIPE FO~t WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) II P.R.C.P.3180-3183 PHH MORTGAGE CORPORA' Plaintiff v CHARLES E. CLARK, II Defendant(s) To the Prothonotary: Issue writ of execution in the Amount Due Interest from 07/1 ($18.97 per diem) TOTAL matter: COURT OF COMMON PLEAS CML DIVISION N0.09-3708-CIVIL TERM CUMBERLAND COUNTY $ 115,400.66 c-~ -7; 9 712.64 C o -r, f.~. i ~ _ ~ --r ~ 7 ' <~ - `~ 125 3.30 ~ .- o , _:.., - _ ~_ C.: C,,..3 _~, ~' r~~` ~3 ~ ~ $7 r ~y, s~.y. s y ~. . s~ 13. t ,z.yG . Note: Please attach descriptio PHS # 206920 o~y 5 D co sus ~ F Ian Hallinan & Schl{iieg, LLP Lawrence T. Phelan sq., Id. No. 32227 ~~ Francis S. Hallinan, Esq., Id. No. 62695 d ~ ~ ~ ~ D niel G. Schmieg, Esq., Id. No. 62205 6 0 r ~ ^ ichele M. Bradford, Esq., Id. No. 69849 udith T. Romano, Esq., Id. No. 58745 yv ~i ~~ Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 / ~~ ~ ~' Lauren R. Tabas, Esq., Id. No. 93337 . ~ ~"q ^ Vivek Srivastava, Esq., Id. No. 202331 86657 Id No Esq B Jones ^ Ja ~ ~ . . ., . , y ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 60 ~ ~~ ~+ 8..a ^ Jaime McGuinness, Esq., Id. No. 90134 . • ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 n of property. b a~ w ~ ~ ~=-~ CZ N N ~ ~ Q N ~ ¢ ~ N Q. '"'~ ~ O ~z~ w~¢ 3 w F, °" y ~ r~ Q b xWZ Q U ~ W w~ z o~ p ° d~ z H ~ ~ ~ ~, ~~~M W ~ p ~ N~~ooN~ ,~ Mv~~~oo a H V "'~~~o~o~or``'iN °~ooo°.ZoN o y~ 0 Ow ~ W L p„Z o cz oz o~N~~ o c~ c oz ^ O f~ ~ a Zzv~' v o o °~° aZZ "zZ~ fJrp G ~ W Wb v, "Q. c.vQ,'.ti ci'W W•vW W ~ pV W ~v 3w in ~ ~ encw~~wwW "w ~ ~w ~ ~~ V W p -- W °~ ~ ~' o ~ c N C7 „ ~; _ r~ °G ~ ti 3 ~ > ~ c ~ ~ ~ ~ ~ ~ ~ a ^aoooa ~' `' oaoaaooao Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORA'. Plaintiff v. CHARLES E. CLARK, II Defendant(s) Attorneys for Plaintiff +7r ~~ t~~, ,~,C?Y 1 h.~. a 2Q10 Jt;E~ ! 6 ~~~ ~~ i1 ON COURT OF COMMON PLEAS CUM'=~_~-: - ~; ~ :C.~URI~i' ~~f i"~SY 1~r..~4,~:, ; CIVIL DIVISION N0.09-3708-CIVIL TERM CUMBERLAND COUNTY CERTIFICATION The undersigned attorney 1 matter and that the premises are not ~y states that he/she is the attorney for the Plaintiff in the above captioned ect to the provisions of Act 91 because: ( ) the mortga e is an FHA Mortgage ( ) the premise is non-owner occupied ( ) the premis s is vacant (X) Act 91 pro edures have been fulfilled This certification is made authorities. to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to A o ey for Plaintiff Ph I n Hallinan & Sch eg, LLP ^ wrence T. Phelan, sq., Id. No. 32227 ^ rands S. Hallinan, Esq., Id. No. 62695 ^ Da iel G. Schmieg, Esq., Id. No. 62205 ^ chele M. Bradford, Esq., Id. No. 69849 ^ dith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 PHH MORTGAGE CORPORA'. Plaintiff ,. v. CHARLES E. CLARK, II Defendant(s) PHH MORTGAGE CORPi Praecipe for the Writ of Execution was AVENUE, ENOLA, PA 17025-2822. ON 2C(0 Jl,~ 16 ~~i ~~ t~ - i ,.:~ CuP~'~ ~ ;~ J.r~~rY COURT OF COMMON PLEAS CIVIL DIVISION N0.09-3708-CIVIL TERM CUMBERLAND COUNTY PHS # 206920 TION, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the the following information concerning the real property located at l 1 EAST MANOR Name and address of Owner(s) o~ reputed Owner(s): Name CHARLES E. CLARK, II 2 3 4 5 Name and address Name SAME AS ABOVE Name and last known address Name CUMBERLAND COUNTY ADULT PROBATION Name and address of last Name None. Name and address of every Name EAST PENNSBORO EAST PENNSBORO TO C/O HENRY F. COYNE, 6. Name and address of every sale. Name Address (if address cannot be reasonably ascertained, please so indicate) 11 EAST MANOR AVENUE ENOLA, PA 17025-2822 in the judgment: Address (if address cannot be reasonably ascertained, please so indicate) Pevery judgment creditor whose judgment is a record lien on the real property to be sold: Address (if address cannot be reasonably ascertained, please indicate) 1 COURTHOUSE SQUARE CARLISLE, PA 17013 holder of every mortgage of record: Address (if address cannot be reasonably ascertained, please indicate) person who has any record lien on the properly: Address (if address cannot be reasonably ascertained, please indicate) 98 SOUTH ENOLA DRIVE ENOLA, PA 17025 3901 MARKET STREET CAMP HILL, PA 17011-4227 person who has any record interest in the property and whose interest may be affected by the Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every be affected by the sale: Dame TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pem Department of Welfare United States Internal Reven Special Procedures Branch Federated Investors Tower person of whom the plaintiff has knowledge who has any interest in the property which may Address (if address cannot be reasonably ascertained, please indicate) 11 EAST MANOR AVENUE ENOLA, PA 17025-2822 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 U.S. Department of Justice Federal Building, P.O. Box 11754 U.S. Attorney for the Middle istrict of PA 228 Walnut Street Harrisburg, PA 17108 I verify that the statement: lalowledge or information and be of 18 Pa. C.S.A. § 4904 relating Ju1~9, 2010 made in this affi it are true and correct to the best of my personal ef. I understan tha alse statements herein are made subject to the penalties ~ unsworn falsi atio to authorities. By: Phe Hallinan & Schmi g, LLP ^ L rence T. Phelan, q., Id. No. 32227 ^ Francis S. Hallinan, sq., Id. No. 62695 ^ Da 'el G. Schmieg, Esq., Id. No. 62205 ^ ' hele M. Bradford, Esq., Id. No. 69849 ^ dith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 1'~H MORTGAGE CORPORA' CHARLES E. CLARK, II ON F1LFi;~ _a~ ._ ;~ ,, Plaintiff 2QI0 J~JL t fri F'r9 :~ ua.~ Defendant(s) 'S TO: CHARLES E. CLARK, 11 EAST MANOR AVE: ENOLA, PA 17025-2822 COURT OF COMMON PLEAS CIVIL DIVISION N0.09-3708-CIVIL TERM CUMBERLAND COUNTY * *TH1S FIRM IS A DEBT COLLEC OR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURP SE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD N T BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY EN ORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 1 EAST MANOR AVENUE, ENOLA, PA 17025-2822 is scheduled to be sold at the Sheriff's Sale on 12/08 010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enf ce the court judgment of $115,400.66 obtained by PHH MORTGAGE CORPORATION (the mortgagee against you. In the event the sale is continued, an announcement will be made at said sale in compliance ith Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU To prevent this Sheriff's Sale, 1. The sale will be can reasonable attorney's fees due. 2. You may be able to s if the judgment was improperly 3. You may also be able You may need an have of stopping the sale. (See OU MA 1. If the Sheriff s Sale is not s price bid by calling 215-563-7 2. You may be able to petition to the value of your property. must take immediate action: d if you pay to the mortgagee the back payments, late charges, costs and find out how much you must pay, you may call: 215-563-7000 x1230. > the sale by filing a petition asking the Court to strike or open the judgment, tered. You may also ask the Court to postpone the sale for good cause. ~ stop the sale through other legal proceedings. to assert your rights. The sooner you contact one, the more chance you will ice on page two on how to obtain an attorney.} VE Y O your property will be sold to the highest bidder. You may find out the Court to set aside the sale if the bid price was grossly inadequate compared ~~-The stale will go through only i the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may ca11215-5 3-7000. 4. If the amount due from the Bu er is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain i the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that ime, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share f the money which was paid for your house. A proposed schedule of distribution of the money bid for our house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be ke ton file with the sheriff and will be made available for inspection in his office. This schedule will state w o will be receiving that money. The money will be paid out in accordance with this schedule unless exceptio s (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filin of the proposed schedule. 7. You may also have other right and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS P PER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFF RD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU AN GET LEGAL HELP. ND COUNTY BAR ASSOCIATION :,AND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Exe ution N0.09-3708-CIVIL TERM PHH MORTGAGE CO ORATION vs. CHARLES E. CLARK,I~I owner(s) of property situa in the TOWNSHIP OF EAST PENNSBORO, Cumberland (Municipality) County, Pennsylvania, bei g 11 EAST MANOR AVE UE ENOLA PA 17025-2822 (Acreage o street address) 09-15-1291- Improvements thereon: SIDENTIAL DWELLING JUDGMENT AMOUNT: $115,400.66 Phelan Hallinan & Schmieg, LP Attorney for Plaintiff 1617 JFK Boulevard, Suite 14 0 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN Cumberland County, Pf BEGINNING at a point on Manor Avenue and Second dwelling and beyond 100 fe said land parallel with Man. Lots laid out by A. R. Rupp in Record Book O, Volume Manor Avenue; THENCE e HAVING THEREON Avenue, Enola, PA. Chacon and Lisa K. PREMISES BEING: 11 ~r parcel of land situate and being in the Township of East Pennsboro, Dania, bounded and described as follows: ;northern side of Manor Avenue, 25 feet West from the northwest corner of Iley; THENCE northwardly through the partition wall of a double frame to lands now or late of Mary E. Myers; THENCE westwardly along the Avenue, 25 feet to a point on the line of Lot No. 31, Block C, on a Plan of and recorded in the Office of the Recorder of Deeds of Cumberland County Page 600; THENCE southwardly along said lot, 100 feet, more or less, to ,twardly along Manor Avenue, 25 feet to a point, the place of BEGINNING. the western half of a double frame dwelling known as 11 East Manor ;STED IN Charles E. Clark, II, a married man, by Deed from Jose h/w, dated 06/12/2006, recorded 06/21/2006 in Book 275, Page 1217. MANOR AVENUE, ENOLA, PA 17025-2822 PARCEL N0.09-15-1291-1' OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF COUNTY OF CUMBERI VANIA) N009-3708 Civil CIVIL ACTION -LAW TO THE SHERIFF OF To satisfy the debt, From CHARLES E. (1) You are directed to DESCRIPTION . 3RLAND COUNTY: and costs due PHH MORTGAGE CORPORATION Plaintiff (s) ARK, II upon the property of the defendant (s)and to sell SEE LEGAL (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as and to notify the garnishef paying any debt to or for t (s) or otherwise disposing (3) If property of the def of anyone other than a nar garnishee and is enjoined Amount Due$115,400.66 Interest INTEREST FRS Atty's Comm Atty Paid $296.55 Plaintiff Paid Date: NLY 16, 2010 (Seal) Due Prothy $2.00 Other Costs Da , Protho otary By: Deputy REQUESTING PARTY: Name JENINE R. DAV1~Y, ESQUIRE Address: PHELAN HA LINAN & SCHMIEG, LLP, 1617 JFK BOULEVARD, SUITE 1400, ONE PENN CENTER PLAZ ,PHILADELPHIA, PA 19103 Attorney for: PLAINTI Telephone: 215-563-700 Supreme Court ID No. 8 077 )that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from account of the defendant (s) and from delivering any property of the defendant dant(s) not levied upon an subject to attachment is found in the possession d garnishee, you are directed to notify him/her that he/she has been added as a above stated. L.L. 07/15/2009 TO DATE OF SALE ($18.97 PER DIEM) - $9,712.64 AFFIDAVIT OF SERVICE PLAINTIFF "'~• CUMBERLAND COUNTY PHH MORTGAGE CORPORATION PHS # 206920 DEFENDANT SERVICE TEAM/ kxc CHARLES E. CLARK, II COURT NO.: 09-3708-CIVIL TERM ~_ ~r ~~~~ a ~~~~ >- ~ ,~, .`';o~° ~zN 00 SERVE CHARLES E. CLARK, II AT: TYPE OF ACTION 11 EAST MANOR AVENUE XX Notice of Sheriff s Sale ~~-' _Q ENOLA, PA 17025-2822 SALE DATE: 12/08/2010 = ° ~ ~ f'C~ •~ SERVED - __ Served and made known to CHARLES E. CLARK II Defendant on the 36{'' day of7U ~p t b , a~' ~~AG ,o'clock . M., at ~-' - _ ~ 11 E. M4 e, ENe to ~pA in the manner described below: '+8 ~[ Defendant personally served. ~;`` 3 _ Adult family member with whom Defendant(s) reside(s). I''' _~ i, Relationship is "' t _ Adult in charge of Defendant's residence who refused to give name or relationship. _.._ _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: i .-i r• °i 1,- _^ ;~„~ Descripntion: Age ~S Height ~ ~•, Weight 17 a Race f!1/ Sex /~ Other I, _ 'GQ'M~Ft D M6 t,L , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Swom to and subscribed before me this ~'~ day of UL ,20ta. N ~,; , NOT SERVED the da , 20_, at o'clock _. M., Defendant NOT FOUND because: _ Vacant _ Bad Address _ Moved _ Dces Not Reside (Not Vacant) No Answer on at ; " at Service Refused. ~ ~ ~ • ~ . er: Sworn to and subscribed before me this day of ~_. By: Notary: ATTORNEY FOR PLAINTIFF Lawrence T. PheLn, Esq., Id No. 32227 Franc's S Ha9ioaa, Esq„ Id. No. 62695 David G. SehmieQ, Esq» Id. No. 62205 Michele M. Bedford, Erq» id. No. 69!49 Jodith T. Romani, Esq., ld. No. 58745 Sheetal R Shah-Jaei, Eaq„ Id. No. 51760 Jmh.e R Davey, Esq., Id. No. 87077 Lasreo R Tabu, Esq., Id. No. 93337 Vivek Srivastava, Esq„ Id. No, 202331 Jay B. Jones, Esq., Id. No. 86657 Pder ]. Mokahy, Esq., Id. No. 61791 Andrew L Sprvack, Esq» Id. No. 84439 Jaime McGuinness, Esq„ Id. No. 90134 Chrbovalaste P. Flialcos, Esq» Id. No. 94620 Joshes L Goldman, Esq., Id. No. 205017 Conrienay R Dnon, Esq., Id. No. 206779 Aadmr C. Bnmbktt, Esq„ Id. No.208375 One Pena Center at Subarban .Stati011 1617 John F. Kennedy Bivd„ Snite 1400 PD7addphia, PA 19103-1814 (215) 563.7000 i~ ~r?F: ,,~,_ s ~Y ~~: '(~:~' ~ ~ ',., ~o ~t •,~ 'i`3., I~iC..t~,~.~ i., .~ Jt,~ 1 i Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff v. CHARLES E. CLARK, II Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 09-3708-CIVIL TERM PLAINTIFF'S MOTION TO REASSESS DAMAGES 206920 Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on June 4, 2009, a true and correct copy of which is attached hereto, made part hereof, and mazked as Exhibit "A". 2. Judgment was entered on July 16, 2009 in the amount of $115,400.66. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and mazked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 8, 2010. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through December 8, 2010 Per Diem $22.51 Late Charges Legal fees Cost of Suit and Title Sheriff s Sale Costs Property Inspections/ Property Preservation AppraisalBrokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $104,349.50 $16,592.61 $572.08 $1,300.00 $705.50 $113.65 $0.00 $0.00 $970.20 $0.00 ($0.00) $4,747.30 $129,350.84 206920 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. $6657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-?000 PHH MORTGAGE CORPORATION Plaintiff v. CHARLES E. CLARK, II Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 09-3708-CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 206920 I. BACKGROUND OF CASE CHARLES E. CLARK, II executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiff s Note was secured by a Mortgage on the Property located at 11 EAST MANOR AVENUE, ENOLA, PA 17025-2822. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriff s Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v Good, 537 A.2d 22, 24 (Pa.Super. 1988). The 206920 Peruisylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Moran Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Cion~oli, 407 Pa. Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is 206920 also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount CompanYv. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriff s Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. 206920 V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiff s interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shoppin Cg enter, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee often percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee often percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. 206920 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessazy to determine whether there are any prior liens to be cleazed, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessazy to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts aze necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice aze required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff s sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. T'he amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from 206920 the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. 206920 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: 1 D ~ ~ ~ i~ By: a ence .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 ^ 3aime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff 206920 Exhibit "A" 206920 Phelan Hallman & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 3enine R. Davey, Esq., Id. No. 87.U77 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 zo6vzo PHH MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Plaintiff v. ,w U ~ ~ C " ~ ~' ~ ~ ~~ . ~ w .. ~o ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY CHARLES E. CLARK, II 11 EAST MANOR AVENUE, We hereby certify the ENOLA, PA 17025-2822 CpIT@Ct CO @ ~ t~@ Sn~ Defendant Ot'fgiln~tl filed of {19ap~rJ CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE g1TORNEY FILE COP'! F,i~ #: zo69zo PLEASE RETUNI~ NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment maybe entered against you by the Court without fiu-ther 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 MAYBE 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 #: 206920 1. Plaintiffis PHH MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) aze: CHARLES E. CLARK, II 11 EAST MANOR AVENUE, ENOLA, PA 17025-2822 who is/aze the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/12!2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR CENTURY 21 MORTGAGE which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book 1955 Page 3658. By Assignment of Mortgage recorded 11/15/2007 the mortgage was assigned to PLAINTIFF which Assignment is recarded in Assignment of Mortgage Instrument No. 200742997. Said mortgage was modified as set forth in the modification agreement dated 04/24/08, in Mortgage Inst# 200821520. The mortgage and assignment(s), if any, aze matters of public record and aze incorporated herein by reference in accordance with Pa.R.C.P. 1019(8); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents aze 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 10/01/2008 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 #: 206920 6. The following amounts are due on the mortgage: Principal Balance $104,612.31 Interest $6,206.75 09/01/2008 through 06!02!2009 (Per Diem $22.57) Attorney's Fees $1,300.00 Cumulative Late Charges $572.08 04/24/2008 to 06/02/2009 Mortgage Insurance Premium / .$388.08 . Private Mortgage Insurance Cost of Suit and Title Search 750.00 Subtotal $113,829.22 Escrow Credit $0.00 Deficit $623.50 Subtotal 6~ 23.50 TOTAL $114,452.72 7. If the mortgage is reinstated prior to a Sheriff's Sale, the attorneys fee set forth above maybe less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plamtiffreserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees. in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants} 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 dischazged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 206920 9. Notice of Intention to Foreclose as set forth in Act b 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $114,452.72, together with interest from 06/02/2009 at the rate of $22.57 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By. _ v wrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Attorneys for Plaintiff File #: 206920 LEGAL DESCRIPTION ALL THAT CERTAIN tract-or parcel of land situate and being in the Township of East Pennsboro, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the northern side of Manor Avenue, 25 feet West from the northwest corner of Manor Avenue and Second Alley; THENCE northwazdly through the partition wall of a double frame dwelling and beyond 100 feet to lands now or late of Mary E. Myers; THENCE westwardly along the said land parallel with Manor Avenue, 25 feet to a point on the line of Lot No. 31, Block C, on a Plan of Lots laid out by A. R. Rupley and recorded in the Office of the Recorder of Deeds of Cumberland County in Record Book O, Volume 6, Page 600; THENCE southwardly along said lot, 100 feet, more. or less, to Manor Avenue; THENCE eastwazdly along Manor Avenue, 25 feet to a point, the place of BEGINNING. HAVING THEREON erected the western half of a double frame dwelling known as 11 East Manor Avenue, Enola, PA. BEING THE SAME PREMISES which Jose Chacon and Lisa K. Lamp-Chacon by deed dated June 12, 2006 and intended to be recorded simultaneously herewith in the Office of the Recorder of Deeds of Cumberland County, granted and conveyed unto Chazles E. Clark, II, Mortgagor herein. PROPERTY BEING; 11 EAST. MANOR AVENUE PARCEL# 09-15-1291-170 File #: 206920 VERIFICATION V'ne r c ~' 1-F ~ n k1P hereby states that he/she is V ~ ~ ~ ce Stc~E n~ of PHH MORTGAGE CORPORATION, servicing agent for Plaintiff, PHH MORTGAGE 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 unsworn falsification to authorities. Name: a 1-l- ~,n1~~e DATE: ~~,ne ~ ZOOe{ Title: v,c~ ~t'es ~c~enk- Company: PH•H MORTGAGE CORPORATION Loar~~ File #: 206920 Clark «B~~ E=blt 206920 -. Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 lay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 6I 791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff `-= ti sY ~ >~ r F~ ~ ~ . ~ . ~ r : :~ c`; ~ a, ``~ 4 .~_ ~ .' t1 ATTORNEY FIlE COPY n-~ Pi.EASE RETURN PHH MORTGAGE CORPORATION CUMBERLAND COUNTY vs. COURT OF COMMON PLEAS CHARLES E. CL ~~ ~a~~ CIVIL DIVISION p-TtORA~ pLEAS~ R+E"~~1at'~ No. 09-3708-CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ~'A:!~`,~.~; ~ ~:~~ ~;:~~~~'~ ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against CHARLES E. CLARK, II, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $114,452.72 Interest - 06/03/2009 to 07114/2009 947.94 TOTAL $115,400.66 G Exhibit "C" 206920 'Y ,a S .aa W O ~-, x~ U ~ v ~ ~ ~ z ~M Quo o~ a~a Q~ U z~~. ~a~ ~ ~ ... ab[n~'. ~ L C y ~ ~ `~j G E b '~ zoo ~iiiiiiiiii ~g s o ~ s ~ 3ao~ diz woa~ o~idw c se's 'd o OLOZ 9010 9SZCCZb000 } 6 ~~~ ~ 0$ w~ao ~• • ~ 8 ~ ~~~.~ 5311AOH A3Nlld ®ir. C ~ d`p `~ y ~ ~ ~' c ~ ~ ~ `~o o ~~~~ N ~ ~ ~ 3 ~ a~ ~ ~ bD ~; ° E 'A C ~' c d ~ ~ ~ ~ ~ ° E w ' A y ` w a i E ~ '°o ~ o. ~~ ~ h A ~ ~ y ~ 0 ~ 1 .~ U °~ao N ~. ~ ~ T G q i. N N 4'u° N ~ N ^'~~~~ ~'"°~ N O a _ ~ o°o~ `o ~ ~ ~« a~,.c~ " O o ° o ~a c ~ A ~~~~~ a Z Q M ~oo~~ ~ ~, O a ~~~ o d :~5~ W ~ ~~ yea .d ~ ~ d z M w z :S ~ a a O x o a z ~ ~ ~ a ~ ~ ~~ ~ ~ F" ~ ~ ', o a ~ ~ ~ aw ~ ~„ ~ .~ ~ p d a a U U ^C J d W W ~o W W _pp ° O y ~~ ~ ~ z ~ z v ~ o~ .c z N N ~ o N N ~~ ~ ~ ~ Q /~~ Iw 0. ~ T •. ~ z ~' N _G .-1 ^~ N M t7' ~n ~D l~ oo C~ ~ ~ r+ N ~ ~ ~ ~~ 0 N O N PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) .563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP October 6, 2010 CHARLES E. CLARK, II 11 EAST MANOR AVENUE ENOLA, PA 17025-2822 Representing Lenders in Pennsylvania and New Jersey RE: PHH MORTGAGE CORPORATION v. CHARLES E. CLARK, II Premises Address: 11 EAST MANOR AVENUE ENOLA, PA 17025 CUMBERLAND County CCP, No. 09-3708-CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by October 11, 2010. Should you have further questions or concerns, please do not hesitate to contact me. i~please be guided accordingly. L~v~nce "l~. Yhelan, Esquire /~rancis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judi `T. Romano, Esquire She al R. Shah-Jani, Esquire J 'ne R. Davey, Esquire auren R. Tabas, Esquire Vivek Srivastava, Esquire ~n~e~n Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Enclosure nninnn VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: t©~~ ISO BY~ •ence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 206920 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff v. CHARLES E. CLARK, II Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 09-3708-CIVIL TERM CERTIFICATION OF SERVICE 206920 I hereby certify that true and correct copies of Plaintiff s Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. CHARLES E. CLARK, II CHARLES E. CLARK, II 11 EAST MANOR AVENUE 6635 STARDUST LANE 347 ENOLA, PA 17025-2822 ORLANDO, FL 32818 Phelan Hallinan & Schmieg, LLP DATE: lp~tx~r ~ By: 'Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ~ourtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 206920 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey October 13, 2010 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: PHH MORTGAGE CORPORATION v. CHARLES E. CLARK, II CUMBERLAND County CCP, No. 09-3708-CIVIL TERM Dear Sir or Madam: Enclosed for filing please find Motion to Reassess Damages, Brief in Support thereof, and Certification of Service with regard to the above captioned matter. Kindly return atime-stamped copy of the enclosed in the self-addressed stamped envelope provided for your convenience. Very truly yours, ~~ nce T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquira~ 206920 Andrew C. Bramblett, Esquire Enclosure cc: CHARLES E. CLARK, II 206920 ;, PHH MOR v. CHARLES ~6L~D-OFFICIO ACT ~ 5 2010 OF TP;'E ('~OT;-IONOTARY' ZOlO OCi 20 P~~ 2~ 27 C~'~~3FRLe4~~D COUP~TY PE~3~SYLVt~N9A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CORPORATION Plaintiff ~ E. CLARK, II Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 09-3708-CIVIL TERM No.. f RULE AND N(.~W, this ~ ~ day of ~~~ 2010, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffls Motion to Reassess Damages. (~ ~M Rule Re able on the l 0~` day of l~~-~~-QN~- 2010, atj I • I .i .~n min o. 5 Courtroom f the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT J. I~~LQs c ~~ ~d~zv/~ ~~~~ 206920 "FlLF.f:~-C~FFlCE s- ,. ~~~~ ~~~~ -3 ~~~ !Q~ 1 ~ Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff v. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County CHARLES E. CLARK, II Defendant No.: 09-3708-CIVIL TERM No.. CERTIFICATION OF SERVICE 206920 I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of December 10, 2010 was sent to the following individual on the date indicated below. CHARLES E. CLARK, II CHARLES E. CLARK, II 11 EAST MANOR AVENUE 6635 STARDUST LANE 347 ENOLA, PA 17025-2822 ORLANDO, FL 32818 Phelan Hallinan & Schmieg, LLP C ` DATE: ~ ~ ' o~` 1(7 By: ~ ~~~~ ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 206920 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE, CORPORATION CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION CHARLES E. CLARK, II Defendant(s) No..: 09-3708-CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/o r h fed Mail Return Receipt stamped by the U .S. Postal Service is attached hereto TA ibit "A". U Law c . Phelan, Esq., Id. No. 32227 Fra ? S, Hallinan, Esq., Id. No. 62695 ? Daniel G. Scbmieg; 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 ? Vivel Srivastava, Esq., Id. No. 202331 ? Ja Jones, Esq., Id. No. 86657 eter J. Mulcahy, Esq.,, Id. No. 61791 - Andrew L. Spivack, Esq., Id. No. 84439 ?,Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No, 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Date: Attorney for Plaintiff IMPORTANT, NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 206920 t N V fs.. SO 661 3[IOOdIZ WOB:j(1311!!W OLu sLinf 92ZLLZb000 09£'C0 w4 zo c ;c SWAM A3NLd G - y z %)d saydyo 0 N _N i z ?y C u Q d O ?- a ° V W Q..' L ra ?? ? ? y v Ay"?y d ? ?O, N Z r.+ h ?> d1 V V K r>4 Z W Z W N o `?, c o w N c o y ? H d ?> 3 ?-??"roo ?, ¢Qe00v o av1 p,w ° ?CaE"o° ?Nti vO ??`?' M?? Ocz??... ?j N C1. CT, q? L1..Gfy ? C C L M wy? L m L M o N w? C? O d p O A ?? ? O > i_ "n ?? N 7 V .-i O ..r d N O wr G' ?"? O Q". +.+ l? V ? ?i Q 4'1 Cfy. O *?_'. Az oOUrj d -a ?UZ.?, aU o? Q i > c o ouo O o c? rsU? m o?p? a3 > odQ yw °.LQZr7`???nCC' c. ,7o 4?;40 8 ?M.1 y ?'.3 y N L c x o E o .o d ij WW E n. s. F' o a?O ca C?V) ( N AG:xww ID X -R -x k ? c u O ?: 1 tl; ^ G ro ti ?z ra c - ?" > ,o Gf J C R p-N C F N w c ° ?.c d` ? c T G -o 16Y ` ? J Zvi 4? = o ?o c: t= a W b Cd `+ G ^1 rL ca U Le x `c U x v J cn O o ?? p .. R . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION Plaintiff V. CHARLES E. CLARK, II Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 09-3708-CIVIL TERM ORDER AND NOW, this ?ay of T6GC ?' 2010 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc in this case as follows: Principal Balance $104,349.50 Interest Through December 8, 2010 $16,592.61 Per Diem $22.51 Late Charges $572.08 Legal fees $1,300.00 Cost of Suit and Title $705.50 Sheriffs Sale Costs $113.65 Property Inspections/ Property Preservation $0.00 Appraisal/Brokers Price Opinion $0.00 206920 Mortgage Insurance Premium / Private Mortgage Insurance $970.20 Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $4,747.30 TOTAL $129,350.84 Plus interest from December 8, 2010 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY E COURT J. c ? C=? a-; C &67 206920 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff of clru?6r1,1114 OFFi, F OF f,.C ,Htf F= FILED-OFFICE 'w.'F T11E P" 0TI?ON0Tr?,,p; ;' Jody S Smith Chief Deputy Richard W Stewart Solicitor 2311 APP I I AM 13.3 CUMBERLAND COUNTY PENNSYLVANIA PHH Mortgage Corporation Case Number vs. Charles E. Clark, II 2009-3708 SHERIFF'S RETURN OF SERVICE 10/08/2010 02:15 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on 10-08-10 at 1411 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Charles E. Clark, II, located at, 11 East Manor Avenue, Enola, Cumberland County, Pennsylvania according to law. 10/11/2010 07:55 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on 10-11-10 at 1955 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Charles E. Clark, II, by making known unto, Charles E. Clark, II, personally, at, 11 East Manor Avenue, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 12/06/2010 As directed by Daniel G Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 2/2/2011 01/28/2011 As directed by Daniel G Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 4/6/2011 04/05/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney Schmieg on 4/5/11. SHERIFF COST: $675.55 April 08, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF a- no I,?c ct?7_4 9!41 i7 ),-*'--2 7 (cj Goun:ySuite Sheriff . Ieleesett. Inc. PHIS MORTGAGPACORPORATION Plaintiff V. CHARLES E. CLARK, II Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-3708-CIVIL TERM CUMBERLAND COUNTY PHS # 206920 AFFIDAVIT PURSUANT TO RULE 3129.1 PHH MORTGAGE CORPORATION, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the I'raecipe for the Writ of Execution was filed, the following information concerning the real property located at I 1 EAST MANOR AVENUE, ENOLA, PA 17025-2822. ] . Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) CHARLES E. CLARK, II 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 11 EAST MANOR AVENUE ENOLA, PA 17025-2822 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) CUMBERLAND COUNTY 1 COURTHOUSE SQUARE ADULT PROBATION CARLISLE, PA 17013 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) EAST PENNSBORO TOWNSHIP 98 SOUTH ENOLA DRIVE ENOLA, PA 17025 EAST PENNSBORO TOWNSHIP 3901 MARKET STREET C/O HENRY F. COYNE, ESQUIRE CAMP HILL, PA 17011-4227 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. - Name and address of every othqr person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale:. Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA 11 EAST MANOR AVENUE ENOLA, PA 17025-2822 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this of knowledge or information and belief. I understar of 18 Pa. C.S.A. § 4904 relating to unsworn falsi are true and correct to the best of my personal false statements herein are made subject to the penalties 1 to authorities. n July 9, 2010 By:-AA I A V I PheHallinan & Schmi g, LLP ? L rence T. Phelan, q., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Rhele 'el G. Schmieg, Esq., Id. No. 62205 ? M. Bradford, Esq., Id. No. 69849 h T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ] Vivek Srivastava, Esq., Id. No. 202331 ] Jay B. Jones, Esq., Id. No. 86657 ] Peter J. Mulcahy, Esq., Id. No. 61791 ] Andrew L. Spivack, Esq., Id. No. 84439 ] Jaime McGuinness, Esq., Id. No. 90134 ] Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 ] Courtenay R. Dunn, Esq., Id. No. 206779 ] Andrew C. Bramblett, Esq., Id. No. 208375 PHH MORTGAGE CORPORATION : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. : NO. 09-3708-CIVIL TERM CHARLES E. CLARK, II : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: CHARLES E. CLARK, II 11 EAST MANOR AVENUE ENOLA, PA 17025-2822 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 11 EAST MANOR AVENUE, ENOLA, PA 17025-2822 is scheduled to be sold at the Sheriff's Sale on 12/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $115,400.66 obtained by PHH MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, i f the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 09-3708-CIVIL TERM PHH MORTGAGE CORPORATION vs. CHARLES E. CLARK, II owner(s) of property situate in the TOWNSHIP OF EAST PENNSBORO, Cumberland (Municipality) County, Pennsylvania, being 11 EAST MANOR AVENUE, ENOLA, PA 17025-2822 (Acreage or street address) Parcel No. 09-15-1291-170 Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $115,400.66 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract-or parcel of land situate and being in the Township of East Pennsboro, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the northern side of Manor Avenue, 25 feet West from the northwest corner of Manor Avenue and Second Alley; THENCE northwardly through the partition wall of a double frame dwelling and beyond 100 feet to lands now or late of Mary E. Myers; THENCE westwardly along the said land parallel with Manor Avenue, 25 feet to a point on the line of Lot No. 31, Block C, on a Plan of Lots laid out by A. R. Rupley and recorded in the Office of the Recorder of Deeds of Cumberland County in Record Book O, Volume 6, Page 600; THENCE southwardly along said lot, 100 feet, more or less, to Manor Avenue; THENCE eastwardly along Manor Avenue, 25 feet to a point, the place of BEGINNING. HAVING THEREON erected the western half of a double frame dwelling known as 11 East Manor Avenue, Enola, PA. TITLE TO SAID PREMISES IS VESTED IN Charles E. Clark, 11, a married man, by Deed from Jose Chacon and Lisa K. Lamp-Chacon, h/w, dated 06/12/2006, recorded 06/21/2006 in Book 275, Page 1217. PREMISES BEING: 11 EAST MANOR AVENUE, ENOLA, PA 17025-2822 PARCEL NO. 09-15-1291-170 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-3708 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION Plaintiff (s) From CHARLES E. CLARK, II (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$115,400.66 L.L. Interest INTEREST FROM 07/15/2009 TO DATE OF SALE ($18.97 PER DIEM) - $9,712.64 Atty's Comm % Due Prothy $2.00 Atty Paid $296.55 Other Costs Plaintiff Paid Date: JULY 16, 2010 Da , Prot onotary (Seal) By: Deputy REQUESTING PARTY: Name JENINE R. DAVEY, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP, 1617 JFK BOULEVARD, SUITE 1400, ONE PENN CENTER PLAZA, PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 87077 On September 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as, 11 East Manor Avenue, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 22, 2010 B: Real Estate Coordinator PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 22, October 29, and November 5, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. sa Marie Coyne, ditor NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 SWORN TO AND SUBSCRIBED before me this CUMBERLAND LAW JOURNAL Writ No. 2009-3908 civil PHH Mortgage Corporation VS. Charles E. Clark, II Atty.: Daniel G. Schmieg By virtue of a Writ of Execution NO. 09-3708-CIVIL TERM, PHH MORTGAGE CORPORATION vs. CHARLES E. CLARK, II, owner of property situate in the TOWNSHIP OF EAST PENNSBORO, Cumber- land County, Pennsylvania, being 11 EAST MANOR AVENUE, ENOLA, PA 17025-2822. Parcel No. 09-15-1291-170. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $115,400- .66. 22 The Patriot-News Co. 2020 Technology Pkwy Suite 300 , Mechanicsburg, PA 17050 Inquiries - 717-255-8213 Ile Pdtriot-N(ws Now you know CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 2009-3708 CMI Term PHH Mortgage Corporation vs Charles E. dark, 11 Atty: Daniel G Schmleg By virtue of a Writ of Execution N0. 09.3708-CML TERM PHH MORTGAGE CORPORATION vs. CHARLES E. CLARK, II owner(s) of property situate in the TOWNSHIP OF EAST PENNSBORO, Cumberland (Municipality) County, Pennsylvania, being 11 EAST MANOR AVENUE, ENOLA PA 17025-2822 (Acreage or street address) Parcel No. 09-15-1291-170 Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT $115,400.66 )PI-fo nd,subscribe efore me t?}i5 10 d?of November, 2010 A.D. / `? _?- --- ' Notary Public ` COMMONWEALTH OF PEF*NSYLVAh1 ' Notarial 50al Sherrie L Klsnsr, Notary Pubiic Lower PaXtDn TWp., Dauphin County My Commission e0res Nov. 26, 2011 10115/10 10122/10 10/29/10 Member, pennsvl+ranla Association of Notarie Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Attorney For Plaintiff c--> 4 One Penn Center Plaza Philadelphia, PA 19103 0 215-563-7000 s ;a PHH MORTGAGE CORPORATION Plaintiff vs CHARLES E. CLARK, II Defendant Court of Common Pled Civil Division C CUMBERLAND County -? No. 09-3708-CIVIL TERM C` Q ?,.. TO THE PROTHONOTARY: PRAECIPE Please vacate the judgment(s) entered and mark the action discontinued and ended without prejudice. Date: IEG, LLP Lawrence T. Phelan, Esq., Id. No. 32227 linan, Esq., Id. No. 62695 Daniel G. Schmieg, sq., Id. 6205 Michele M. Bradford, Esq., Id. No. 9849 Judith T. Romano, Esq., Id. No. 5 45 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 --Allison F. Wells, Esq., Id. No. 309519 PHS# 206920 Attorneys for Plaintiff auk a S. a Qc! aMI C,k * 1t)80151% (ZO.as$aRa