Loading...
HomeMy WebLinkAbout09-4393bj It 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 -Adrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 209946 PHH MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM ?l?? v. c/3y 3 NO. GEORGE W. DAVIS, JR FAY DAVIS 1978 FRY LOOP CARLISLE, PA 17013 CUMBERLAND COUNTY Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 209946 I 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 #: 209946 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: GEORGE W. DAVIS, JR FAY DAVIS 1978 FRY LOOP CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/17/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR CENDANT MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1890, Page 0059. 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 11/01/2008 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 #: 209946 6 The following amounts are due on the mortgage: Principal Balance $105,555.02 Interest $4,536.80 10/01/2008 through 06/29/2009 Attorney's Fees $1,300.00 Cumulative Late Charges $429.78 11/22/2004 to 06/29/2009 Cost of Suit and Title Search 750.00 Subtotal $112,571.60 Escrow Credit $0.00 Deficit $134.13 Subtotal 134.13 TOTAL $112,705.73 7 9 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. 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 File #: 209946 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 $112,705.73, together with interest from 06/29/2009 at the rate of $17.12 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: r1 ???2N?' Lavdrence 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 Andrew C. Bramblett, Esquire/ Attorneys for Plaintiff File #: 209946 LEGAL DESCRIPTION ALL those certain lots of land with the improvements thereon erected, situate in North Middleton Township, Cumberland County, Pennsylvania, numbered according to Plan No. 4 of Schlusser Village, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 7, Page 39, as modified by Plan No. 5 in Plan Book 9, Page 3, bounded and described as follows: BOUNDED on the North by other land now or formerly of George H. Schlusser, prior Grantor, on the East by Lot No 54, on the South by Wagner Street, and on the West by Fry Avenue, being all of Lots Nos. 52 and 53 as shown on said Plan of Lots. UNDER AND SUBJECT to certain building and other restrictions attached to and made a part of the within referred to Plan of Lots. BEING the same premises which Marlin C. Losch, Jr. and Doris F. Losch granted and conveyed to Marlin C. Losch, Jr., grantor herein, deed dated January 11, 1978 and recorded in Cumberland County Deed Book P, Volume 27, Page 655. PARCEL IDENTIFICATIONNO: 29-16-1094-247, Control #: 29002009 PREMISES BEING: 1978 FRYLOOP File #: 209946 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 unsworn falsifications to authorities. DATE: ?k? Attorney for Plaintiff File #: 209946 6) THE :..lit 2069 JUL - l AM 11: 33 FE.f'.o S LF::. fj. 47f - ??5? ?aa7u3y c _- w t Sheriff s Office of Cumberland County s ` I ' R Thomas Kline co Sheriff ??t? ?1?ur?terG . a r? ?` ? Ronny R Anderson Y Chief Deputy s v r Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor PHH Mortgage Corporation I Case Number vs. 2009-4393 George W. Davis, Jr. SHERIFF'S RETURN OF SERVICE 07/02/2009 03:52 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on Jul} 2, 2009 at 1552 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: George W. Davis, Jr., by making known unto Fay Davis, wife of defendant at 1978 Fry Loop Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. 07/02/2009 03:52 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on July 2, 2009 at 1552 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Fay Davis, by making known unto herself personally, defendant at 1978 Fry Loop Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $49.40 SO ANSWERS, July 06, 2009 R THOMAS KLINE, SHERIFF Deputy Sheriff 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. GEORGE W. DAVIS, JR FAY DAVIS Defendant(s) PHS #: 209946 ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. CIVIL-09-4393 : 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: I _ ? L 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 Q?heetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Date: 7-29-09 PHS #: 209946 VERIFICATION AN arc T !-ltt nkc\ @ hereby states that he/she is V I cle P rIf S (&A ofPHH MORTGAGE CORPORATION, servicing agent for Plaintiff 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 authorities. Sec. 4904 relating to unsworn falsification to Name: rc. T F+%n kkr DATE: J tl 2009 Title: k/1Cp ores t Ben j Company: PHH MORTGAGE CORPORATION File #: 209946 Davis 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 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff VS. GEORGE W. DAVIS, JR FAY DAVIS : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. CIVIL-09-4393 : CUMBERLAND COUNTY Defendant(s) CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: GEORGE W. DAVIS, JR 1978 FRY LOOP CARLISLE, PA 17013 r FAY DAVIS 1978 FRY LOOP CARLISLE, PA 17013 Phelan Hallinan & Schmieg, LLP Atto ey for Plaintiff By: ? a ence T. Phel , Esq., Id. No. 32227 ? cis 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 H eetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Date: 7-29-09 FILED.."PCE OF THE PR, , .; OTAPY 2009 JU s I PI i ?1-, ' J PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 12.I ~~ s~3-7ono PHH MORTGAGE CORPORATION Plaintiff Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION v. GEORGE W. DAMS, JR FAY DAMS Defendant(s) Tn THF, PRnTHnNnTARY: NO. CIVIL-09-4393 CUMBERLAND COUNTY The undersigned attorney for the Plaintiff, hereby certifies that, to the best of his/her knowledge, information and belief the Mortgage Premises was erroneously listed as: 1978 FRY LOOP, CARLISLE, PA 17013 n ~, r _ ~ The correct name for the Mortgage Premises is: - .;; --~: 1978 FRY LOOP A/K/A 1978 FRY LOOP AVENUE, ;~= ,- ~.'~ CARLISLE, PA 17013 - ~-~,, Kindly change the information on the docket. - c~ . C7 By Attorney for Plamti f Phelan Hallman &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallman, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ dith T. Romano, Esq., Id. No. 58745 LJ 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 =; _-:, _._ t:i PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 PHH MORTGAGE CORPORATION Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION v GEORGE W. DAMS, JR FAY DAMS Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 04/03/2010 to Date of Sale ($19.31 per diem) TOTAL •~ a~. op P 4 A`m/ y Q • 4o CBF 78.50 '~ I'~ . o o a.so .. ~ ~~g,40 -PD A'rrl Note: Please attach description of property. PHS # 209946 • 50 L.(, C~,-~Q~F3578 e.#a~+lY1o~ NO. CIVIL-09-4393 CUMBERLAND COUNTY $120,518.26 Attorney for Plaintiff l~ Phelan Hallman &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallman, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ dith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 > > Q a O a O O O ~ a ~ a ~ ~ w w ~' ° ~ o0 ~ o~ 00 ~ a~ Q _M M_ y~j a ? ~ O ~ ~ O ~ 3w ~a 3 w~a >~a N ~ Ow~ O Awe ~ . ~~ ~~ w °~ W U Q C 7 U ~ GTr '~ O~ a ~' a~ oa O~ ~~ O~ ~~ ~V 0 a CW7 N ~~ a 5 .. A ,~ ~ ~ a~i Q a A CW7 w O U ~~ w ~ O c H O ,"~ w O ~ ~ bu U a 0 N y~ ~ ~ ~ ~ ~ ~ M N ~ V7 pp ~ ~ ~ .a. O~ cr ~ 00 NNN~~p~l~[\M O~~~ZO~N Mb~p po0 pMN 1~00~ N p ay C O Gz~zo~o~Ny~j~ O pb ~ Gz azZZbzb o c °~ ozz ~zz ~W y"~'W a,W .. ..~Z .,m ~cxOdW y ~ W W -d W ..: a' d' -o Q' W W W N ~ ~ ~ ~ ~;~° c ~www ~w ~ ~w ~ "~.~ ~Hxv~ °v~ H e~ „ a a °a' o^- `°''`n~~E-~P"~:~v~i.°~...~ chi ~ ~U ~a~~r, ~. x+ °~ ~~ °' .~OC .'~- '~ C a0i ae pq ~; y O p c~ a> y Q a.0~^^^ ^^00^^0~~0^ Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Attorneys for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION v. GEORGE W. DAMS, JR FAY DAMS Defendant(s) NO. CIVIL-09-4393 CUMBERLAND COUNTY CERTIFICATION c7 c' ~ `~i ~., ~; --a The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in tide abov~'~apto;d matter and that the premises are not subject to the provisions of Act 91 because: ~ ~''-" =~_. '~ _: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ~ ~ : c-~ ~f' '' ( ) the premises is vacant ~~ w- (X) Act 91 procedures have been fulfilled ~' This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Attorney for Plaintiff Phelan Hallinan & Schm ,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 ^ J 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 ~HH 1~IORTGAGE CORPORATION Plaintiff V. GEORGE W. DAMS, JR FAY DAMS Defendant(s) ~:'`~s CU'~r ,,~ ;~, _~ ~ - _~'~ COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-4393 CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 PHH MORTGAGE CORPORATION, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1978 FRY LOOP A/K/A 1978 FRY LOOP AVENUE, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name GEORGE W. DAMS, JR FAY DAMS 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 1978 FRY LOOP A/K/A 1978 FRY LOOP AVENUE CARLISLE, PA 17013 1978 FRY LOOP A/K/A 1978 FRY LOOP AVENUE CARLISLE, PA 17013 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) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may * be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 1978 FRY LOOP A/K/A 1978 FRY LOOP AVENUE CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. A ril 010 Attorney for Plaintiff Phelan Hallinan &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ J ith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 PHH MORTGAGE CORPORATION vs. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION NO. CIVIL-09-4393 GEORGE W. DAMS, JR CUMBERLAND COUNTY FAY DAMS ~-, ~ . [' _ -' Defendant(s) - ~ '' _~.e ~~ NOTICE OF SHERIFF'S SALE OF REAL PROPERTY , ~ ~ '~ w _. TO: GEORGE W. DAMS, JR ~ -• FAY DAMS ~ -~ 1978 FRY LOOP ~_; A/K/A 1978 FRY LOOP AVENUE ~ ~ c CARLISLE, PA 17013 **THIS FIItM 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 1978 FRY LOOP A/K/A 1978 FRY LOOP AVENUE, CARLISLE, PA 17013 is scheduled to be sold at the Sheriff s Sale on SEPTEMBER 8, 2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $117,447.97 obtained by PHH MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. ~ 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may ca11215-563-7000. 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. CIVIL-09-4393 PHH MORTGAGE CORPORATION vs. GEORGE W. DAMS, JR FAY DAMS owner(s) of property situate in NORTH MIDDLETON TOWNSHIP, Cumberland (Municipality) County, Pennsylvania, being 1978 FRY LOOP A/K/A 1978 FRY LOOP AVENUE CARLISLE PA 17013 (Acreage or street address) Parcel No. 29-16-1094-247 Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $117,447.97 Phelan Hallman & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL those certain lots of land with the improvements thereon erected, situate in North Middleton Township, Cumberland County, Pennsylvania, numbered according to Plan No. 4 of Schlusser Village, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 7, Page 39, as modified by Plan No. 5 in Plan Book 9, Page 3, bounded and described as follows: BOUNDED on the North by other land now or formerly of George H. Schlusser, prior Grantor; on the East by Lot No 54; on the South by Wagner Street; and on the West by Fry Avenue, being all of Lots Nos. 52 and 53 as shown on said Plan of Lots. UNDER AND SUBJECT to certain building and other restrictions attached to and made a part of the within referred to Plan of Lots. TITLE TO SAID PREMISES IS VESTED IN George W. Davis, Jr. and Fay Davis, by Deed from Marlin C. Losch, Jr., dated 04/09/2003, recorded 04/17/2003 in Book 256, Page 3027. PREMISES BEING: 1978 FRY LOOP A/K/A 1978 FRY LOOP AVENUE, CARLISLE, PA 17013 PARCEL N0.29-16-1094-247 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-4393 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION, Plaintiff (s) From GEORGE W. DAMS, JR and FAY DAMS (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 $117,447.97 L.L.$.50 Interest from 4/3/l0 to Date of Sale ($19.31 per diem) -- $3,070.29 Atty's Comm % Due Prothy $2.00 Atty Paid $168.40 Plaintiff Paid Date: 5/3/10 (Seal) Other Costs David D. Buell, Prothonotary By: Deputy REQUESTING PARTY: Name: SHEETAL R. SHAH-JANI, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 81760 • -~- ~ JUL 16 2010 FlL~ia -s: i ,~. ~~ Tf~C ~,~ ::~ ~ ~~~ ~ r,Ry 20l~ J'~! 20 ~~` %= I ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PHH MORTGAGE CORPORATION Court of Common Pleas Plaintiff , Civil Division v. CUMBERLAND County GEORGE W. DAVIS, JR ; FAY DAVIS No. CIVIL-09-4393 Defendants _ / RULE AND NOW, this 1~ day of ~ 2010, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. 22 ~ Rule Returnable on the ~7 day of 2010, at ~' ~~ . in ~~ ~3 Courtroom of the Cumberland County Courthouse, Carlisle, Pe BY T T J. t E S ~'h aT f `-~-1~ G.~l~vc ~ 7~~/~0 ~/~ 209946 3 ~ r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division v. GEORGE W. DAMS, JR CUMBERLAND County FAY DAMS Defendants No. CIVIL-09-4393 ORDER AND NOW, this day of , 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 Interest Through September 8, 2010 Per Diem $10.12 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit $105,555.02 $10,138.60 $429.78 $1,430.00 $574.50 $0.00 $208.00 $0.00 $0.00 $0.00 ($0.00) $4,264.86 TOTAL $122,600.76 Plus interest from September 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 THE COURT J. 209946 ~_ _ y, d F_.; ,~o~o gv(r 3 Pau K:o~ ~.,~.~, ~=<u _ ~} ~ i A . ~~ 1~~..V i ~, Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF 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 Court of Common Pleas Plaintiff Civil Division v. CUMBERLAND County GEORGE W. DAVIS, JR . FAY DAVIS No. CIVIL-09-4393 Defendants CERTIFICATION OF SERVICE 209946 I hereby certify that a true and correct copy of the Rule Returnable noting a Rule Return date of August 23, 2010 was sent to the following individual on the date indicated below. GEORGE W. DAVIS, JR FAY DAVIS 1978 FRY LOOP A/K/A 1978 FRY LOOP AVENUE CARLISLE, PA 17013 Phelan Hallinan & Schmieg, LLP DATE: ~Z I ~ O 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 209946 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY PHH MORTGAGE CORPORATION DEFENDANT GEORGE W. DAVIS, JR FAY DAVIS SERVE FAY DAVIS AT: 1978 FRY LOOP A/K/A 1978 FRY LOOP AVENUE CARLISLE, PA 17013 SERVED PHS # 209946 SERVICE TEAM/ kxc COURT NO.: CIVIL-09-4393 TYPE OF ACTION XX Notice of Sheriff s Sale SALE DATE: 09/08/2014 Served and made known to ~~~(I ,Defendant on the 16'~'day of ~_, 20~at N ~ S~ , o'clock ~. M., at 'l _ .1 V ~ ~ _T in the manner described below: ~ ~, _ Defendant personally served. ~'~-~ ~ ~~~' ..n ~/ Adult family member with whom Defendant(s) reside(s). ~ ~ ~ ' `- Relationship is QED i Adult in charge of Defendant's residence who refused to give name or relationship. ~"* ManagerlClerk 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: '' ~ c~ Description: Age A~s Height ~ `~ Weight ~ Race W Sex M Other I, ~~11'AZ.D /~0 L L , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated abov KIMBERLY CURTY , Sworn to and sub cribed NOTARY PUBLIC before met is day ~ STATE OF NEW Pr~tSEY of ~ MY COMMISSION EXPIRES MARCH 7, ZOt3 _ Not By: ~ ~~ NOT SERVED On th a , 20_, at o'clock _. M., Defendant NOT FOUND because: Vacant _ Bad Address _ Moved _ Does Not Reside (Not Vacant) • No Answer Service Refused Other: Sworn to and subscribed _ day o fore me this ~ B Y~ Notary: ATTORNEY FOR PLAINTIFF I~wrence T. Phehm, Esq., Id. No. 32227 Funds S. FlaOhum, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., hl. No. 62205 Michele M. Brodtoed, Esq., b. No. 69849 Judith T. Romano, Esq., Id. Nw 58744 Sheelal R Shah-Joni, Esq., Id. No. 81760 Jmine R Davey, Esq., Id. No. 87077 Iauren R Tahas, Esq., hi. No.9333'7 Vivek Srivastava, Esq., Id. No. 207331 Jay B. Jones, Esq., Id. Nw 86657 Peter J. Mulcahy, Esq., W. No. 61791 Andrew L Spfvack, Esq., Id. No. 84439 - Jahne McGuhmess,Esq., Id. No. 9013/ ChrtsovalaMe P. FBekos, Esq., Id: Na:94620 Joshua I. Goldmaq Esq., Id. No. 205007 Courtcnay R. Dmm, Esq„ b. No. 206779 Andrew C. Brambkll, Fsq., W. No. 208373 One Penn Curter at Sabn~an Stallon 1617 John F. Katnedy Bhd., SuMe 1400 ~ Philadelphia, PA 19703.1814 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY PHH MORTGAGE CORPORATION PHS # 209946 DEFENDANT SERVICE TEAM/ kxc GEORGE W. DAMS, JR FAY DAMS COURT NO.: CIVIL-09-4393 SERVE GEORGE W. DAMS, JR AT: TYPE OF ACTION 1978 FRY LOOP A/K/A XX Notice of Sheriff's Sale 1978 FRY LOOP AVENUE SALE DATE: 09/08/2010 CARLISLE, PA 17013 ~i ~ SERVED Served and made known to ~Eo~rE 1V , Dl4V1g Defendant on the t b~`day of ~l~ Y , 20 ~ O ~~t ~ ~ , ; 11: ~, o'clock ~. M., at l~`'t$ FR.y ~.oo~ vE /~,,,,us ~ in the manner described belo ~'° `°_' `' !Defendant personally served. _ ~ _: ;.,.., Adult family member with whom Defendant(s) reside(s). _ t Relationship is ._ c~+. _ 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: a - Description: Age ~ Height ~ ' ~ Weight a4 G Race W Sex ~~ Other I, ~e~/ .:D /W,O LI. , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn. to and sub ribed before rrie this / ~ day 2 -. .. ~ ~ ~ KIMBERLY CURTY'- NOTARY PUBLIC Notary• STATE OF N8W JERSEY NOT SERVED ~ COMMISSION EXPIRES MARCH 7, 2(il3 On the f , 20_, at o'clock _. M., Defendant NOT FOUND because: Vacant _ Bad Address _ Moved _ Does Not Reside (Not Vacant) No Answer Service Refused Other: Sworn to and subscribed be fore me this day o f ~~ B y: Notary: ATTORNEY FOR PLAINTIFF Lawnme T. Phdaa, Esq., Id. No. 32227 Fsaocb S. HaBbuur, Feq., b. No. 62695 Dunkl C. Sdurde6, Esq., ld. No. 62I05 Mid~ele M. Bnadtord, Esq., Id. No. 69849 Jndith T. Romero, Esq., b. No. 58745 ShMal R. Shuh-Jrd, Fsq.,,d No. 8176e Janine R. Duvet', Esq., Id. No.87077 Laura R. Tebas, Esq., W. No. 93337 Vivdc Sdvas4vu, Esq., Id. No. 202131 Jay B. Janur, Esq., Id. No. 86657 Peter J. Mukaby, Esq., Id. No. 61791 Andrew L Spivack, Esq., b. No. 84439 Jayne McGuistkas, Esq., Id. Nw 90134 Chrfaovnhuge P. Fliukae, Esq., W. No. 94620 Joshua L CoNman, Esq., Id No. 205047 Courlensy R Duos, Esq., Id. No.206779 Andrew C. Brambkil, Esq., ld. No. NIR175 O P d C S b ti ne am e er N u urban Sta on 1617 John F. Key Bhd., Suite 1400 Phigdelphia, PA 1910}1814 k' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. *.~ CIVIL DIVISION ~'~ ~ ~~ GEORGE W. DAVIS, JR ~_"~" ~~~ -,-. i ~ 11- _' FAY DAMS No. CIVIL-09-4393 ~ ~'~'' ~ r -i ~ '"~`' Defendant(s) O ~. AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 ~ ~~ _,; ~_ -W. ~; COMMONWEALTH OF PENNSYLVANIA ) '_ PHILADELPHIA COUNTY ) SS: `~~ As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attpC~ed hereto Exhibit "A". Date: ~ Z~ ~~ U Lawrence T. Phelan, Esq., Id. No. 32227 [~'P'rancis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff s Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 209946 i~ F' ~o ~s ~ aaoaa~z woad a3trow w' oaoa.co~vw 9szcctvooo:' .~.~~~~ ~ O u S~~ ~~ ~N~ ro ti V a O c a° ~ ~ ~~ g a ~ ~ ~ A~ ~s ~ ~ ~ ~ .r o ~N ~ ~~l~o o .~ E~ ~~ ~H8 v ~d ~ . 0..9 ~D~~g~.a~tY~ e3 w ., Z ~*, + ~ * « .~ * ~ s ~ + 'R f ~~ 3 $~~ _ ~~~ .e !+ ~~ygg ~e8d3 ~. ~~ ~ . ~„ ~ ,~ . ~~g..~ ~~ :~s ~B~ ~~~~ ~~~~.~~ a~ 's ~~ 000~o.reveoa~n x 3. :Z~.f SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy 3. .q P° LE0-3}i 1-1Ct a'1 iR' rw T i Ro '' ,, A 21 F CU 1 13 P ? E; Richard W Stewart Solicitor OFr G - .. - ;?'-r- uG?°??ELAdD CU1t i PHH Mortgage Corporation vs. George W. Davis, Jr. (et al.) Case Number 2009-4393 SHERIFF'S RETURN OF SERVICE 06/21/2010 07:25 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 6-21-2010 at 1925 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 George W. Davis, Jr. & Fay Davis, located at, 1978 Fry Loop, a/k/a 1978 Fry Loop Avenue, Carlisle, Cumberland County, Pennsylvania according to law. 06/21/2010 07:25 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 6-21-2010 at 1925 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: George W. Davis, Jr., by making known unto, George W. Davis, Jr., personally, at, 1978 Fry Loop a/k/a 1978 Fry Loop Avenue, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 06/21/2010 07:25 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 6-21-2010 at 1925 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Fay Davis, by making known unto, Fay Davis, personally, at, 1978 Fry Loop a/k/a 1978 Fry Loop Avenue, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 09/07/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Schmieg on 10/7/10 SHERIFF COST: $679.95 October 13, 2010 SO ANSWERS, RONRrY R ANDERSON, SHERIFF ?2 is G0un*y5u11e She,"" Te'.eosoft. Inc. PHH MORTGAGE 4ARPORATION Plaintiff CIVIL DIVISION V. GEORGE W. DAVIS, JR FAY DAVIS Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 COURT OF COMMON PLEAS NO. CIVIL-09-4393 CUMBERLAND COUNTY PHH MORTGAGE CORPORATION, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1978 FRY LOOP A/K/A 1978 FRY LOOP AVENUE, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) 2. 3. 4. 5 GEORGE W. DAVIS, JR FAY DAVIS Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 1978 FRY LOOP A/K/A 1978 FRY LOOP AVENUE CARLISLE, PA 17013 1978 FRY LOOP A/K/A 1978 FRY LOOP AVENUE CARLISLE, PA 17013 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may O?affected by they sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 1978 FRY LOOP A/K/A 1978 FRY LOOP AVENUE CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. A ril 010 By: v y`-`-C?/1 Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? J ith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 LEGAL DESCRIPTION ALL those certain lots of land with the improvements thereon erected, situate in North Middleton Township, Cumberland County, Pennsylvania, numbered according to Plan No. 4 of Schlusser Village, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 7, Page 39, as modified by Plan No. 5 in Plan Book 9, Page 3, bounded and described as follows: BOUNDED on the North by other land now or formerly of George H. Schlusser, prior Grantor; on the East by Lot No 54; on the South by Wagner Street; and on the West by Fry Avenue, being all of Lots Nos. 52 and 53 as shown on said Plan of Lots. UNDER AND SUBJECT to certain building and other restrictions attached to and made a part of the within referred to Plan of Lots. TITLE TO SAID PREMISES IS VESTED IN George W. Davis, Jr. and Fay Davis, by Deed from Marlin C. Losch, Jr., dated 04/09/2003, recorded 04/17/2003 in Book 256, Page 3027. PREMISES BEING: 1978 FRY LOOP A/K/A 1978 FRY LOOP AVENUE, CARLISLE, PA 17013 PARCEL NO. 29-16-1094-247 PHH MORTGAGE CORPORATION VS. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION : NO. CIVIL-094393 GEORGE W. DAVIS, JR CUMBERLAND COUNTY FAY DAVIS Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: GEORGE W. DAVIS, JR FAY DAVIS 1978 FRY LOOP A/K/A 1978 FRY LOOP AVENUE CARLISLE, PA 17013 "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 1978 FRY LOOP A/K/A 1978 FRY LOOP AVENUE, CARLISLE, PA 17013 is scheduled to be sold at the Sheriff s Sale on SEPTEMBER 8, 2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $117,447.97 obtained by PHH MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court'to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 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. CIVIL-09-4393 PHH MORTGAGE CORPORATION vs GEORGE W. DAVIS, JR FAY DAVIS owner(s) of property situate in NORTH MIDDLETON TOWNSHIP, Cumberland (Municipality) County, Pennsylvania, being 1978 FRY LOOP A/K/A_,1978 FRY LOOP AVENUE, CARLISLE, PA 17013 (Acreage or street address) Parcel No. 29-16-1094-247 Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $117,447.97 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL those certain lots of land with the improvements thereon erected, situate in North Middleton Township, Cumberland County, Pennsylvania, numbered according to Plan No. 4 of Schlusser Village, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 7, Page 39, as modified by Plan No. 5 in Plan Book 9, Page 3, bounded and described as follows: BOUNDED on the North by other land now or formerly of George H. Schlusser, prior Grantor; on the East by Lot No 54; on the South by Wagner Street; and on the West by Fry Avenue, being all of Lots Nos. 52 and 53 as shown on said Plan of Lots. UNDER AND SUBJECT to certain building and other restrictions attached to and made a part of the within referred to Plan of Lots. TITLE TO SAID PREMISES IS VESTED IN George W. Davis, Jr. and Fay Davis, by Deed from Marlin C. Losch, Jr., dated 04/09/2003, recorded 04/17/2003 in Book 256, Page 3027. PREMISES BEING: 1978 FRY LOOP AIWA 1978 FRY LOOP AVENUE, CARLISLE, PA 17013 PARCEL NO. 29-16-1094-247 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-4393 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION, Plaintiff (s) From GEORGE W. DAVIS, JR and FAY DAVIS (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 $117,447.97 L.L.$.50 Interest from 4/3/10 to Date of Sale ($19.31 per diem) -- $3,070.29 Atty's Comm % Due Prothy $2.00 Atty Paid $168.40 Plaintiff Paid Date: 5/3/10 (Seal) Other Costs 3??-o David D. Buell, Pro onotary By: Deputy REQUESTING PARTY: Name: SHEETAL R. SHAH-JANI, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 81760 V On June 142 20 10 the Sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA, Known and numbered as, 1978 Fry Loop, &Wa 1978 Fry Loop Avenue, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 14, 2010 By: ?nn 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: July 16, July 23, and July 30, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Wr1t No. 2009-4393 ci u PHH Mortgage Corporation vs. George W. Davis, Jr. Fay Davis Atty.: Daniel Schmieg BY virtue of a Writ of Execution NO. CIVIL-09-4393, PHH MORT- GAGE CORPORATION vs. GEORGE W. DAVIS, JR., FAY DAVIS, owners of property situate in NORTH MID- DLETON TOWNSHIP, Cumberland County, Pennsylvania, being 1978 FRY LOOP A/K/A, 1978 FRY LOOP AVENUE, CARLISLE, PA 17013. Parcel No. 29-16-1094-247. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $117,447- ,97. ?L (/n b1sa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 30 da of Jul 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary PolBe CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 WQATOIA u?Ytl.l,lL?s A KAAC78?i a tdu?t vtstr'tA 'P1'yt1 ?: nNA 'M?f??'"; ? H1tft,PF?? r 7.'„ rwPa '': The Patriot-News Co. 2320 Technology Pkwy Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Zoe Patriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss 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: Writ No. 2009-4393 Civil Term 07/09110 PHH Mortgage Corporation 07116110 Vs George W. Davis, Jr. 07123110 Fay Davis Atty: Daniel Schmieg l ' , y ' By virtue e of of a a Writ of Execution NO. CIVIL- 1 ?, , . 09-4393 PHH MORTGAGE CORPORATION ?, vs. 2010 A D fl'5 day of August st?ibscribed before me this Sworn to and GEORGE W. DAMS, JR . . , , ., FAY DAVIS owner(s) of property situate in NORTH ?? = 1 c t-;._ (? F - { '= MIDDLETON TOWNSHIP, Cumberland (Municipality) Notary Public County, Pennsylvania, being 1978 FRY LOOP A/K/A, 1978 FRY LOOP AVENUE, CARLISLE, PA 17013 COMMONWi Al l"ri (;E Pr'Nh1ev1 ANIl (Acreage or street address) Notarial Seal l Parcel No. 29-16-1094-247 Sherrie L. Klsner, Notary Public Improvements thereon: RESIDENTIAL Lower Paxton Twp., Dauphin County DWELLING j_ My Cornft slon Expires Nov. 26, 2011 ` JUDGMENT AMOUNT: $117,447.97 Memoer Penns?!vania pss ,ciat n,^, Nr,taries of