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09-4470
I ' r 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 207205 PHH MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Plaintiff V. JENNIFER D. EASTON JOSEPH J. EASTON 14 SOUTH 17TH STREET, CAMP HILL, PA 17011-4811 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM 010 I NO. el' */70 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 207205 r 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 #: 207205 1. Plaintiff is PHH MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: JENNIFER D. EASTON JOSEPH J. EASTON 14 SOUTH 17TH STREET, CAMP HILL, PA 17011-4811 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/20/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR ERA HOME LOANS which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1997, Page 0946. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2008 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 #E: 207205 6 7 8. The following amounts are due on the mortgage: Principal Balance $219,601.31 Interest $11,009.28 11/01/2008 through 07/02/2009 (Per Diem $45.12) Attorney's Fees $1,300.00 Cumulative Late Charges $779.50 06/20/2007 to 07/02/2009 Non Sufficient Funds Charge $150.00 Mortgage Insurance Premium / $698.74 Private Mortgage Insurance Cost of Suit and Title Search 750.00 Subtotal $234,288.83 Escrow Credit $0.00 Deficit $1,631.54 Subtotal $1,631.54 TOTAL $235,920.37 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 person am 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 #: 207205 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $235,920.37, together with interest from 07/02/2009 at the rate of $45.12 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: Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter 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 #: 207205 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land with improvements thereon erected situate in the Borough of Camp Hill, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING on the western line of South 17th Street, on the northern line of Lot No. 15 as shown on a Plan of Lots of Jacob L. Heyd, as recorded in the Cumberland County Recorder's Office in Plan Book No. 1, Page 65; thence in a southerly direction along the western line of said Street, fifty (50) feet to a point in the center line of Lot No. 18 as shown on said Plan; thence in a westerly direction through the center of said Lot No. 18, one hundred forty-two (142) feet to a twenty (20) foot wide alley; thence in a northerly direction along the eastern line of said alley, fifty (50) feet to a point at the southwest corner of Lot No. 15 and the northwest corner of Lot No. 16 on said Plan of Lots; thence in an easterly direction along the northern line of Lot No. 16, one hundred forty-two (142) feet to the place of BEGINNING. BEING Lots Nos. 16 and 17 and the northern ten (10) feet of Lot No. 18 as shown on said Plan. Said lot also being identified as Lot No. 16A on the Final Resubdivision Plan of Lots 16, 17, 18, 19, and 20, Jacob L. Heyd Subdivision, dated August 4, 1978 and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 33, Page 150. BEING THE SAME premises which Tina B. Beaupre, a single person, by Deed bearing date the 18th day of June, 2007, and about to be herewith recorded in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, granted and conveyed unto Jennifer D. Easton, a single person. UNDER AND SUBJECT TO conditions and restrictions which now appear of record. PARCEL #01-22-0536-063 PREMISES BEING: 14 SOUTH 17TH STREET File M 207205 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: d " L, /' , ". - Z"., 0' Attorney for Plaintiff File #: 207205 I%) 2009 JU -o AM iii: L C1.IVI "" C` u t V..'r?v'ra C??# ?? 339a ?? aa?ssv Sheriffs Office of Cumberland County R Thomas Kline Sher a?,ta of cumbp14 Ronny R Anderson ?Q 4# Chief Deputy o° 4 Jody S Smith Civil Process Sergeant OFFICE I)F r,<SRERTr- Edward L Schorpp Solicitor PHH Mortgage Corporation VS. Jennifer D. Easton Case Number 2009-4470 SHERIFF'S RETURN OF SERVICE 07/07/2009 06:00 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on July 7, 2009 at 1800 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Jennifer D. Easton, by making known unto Joseph Easton, Husband of defendant at 14 South 17th Street Camp Hill, Cumberland County, Pennsylvania 17011 its contents and a• the same time handing to him personally the said true and correct copy of the same. 07/0712009 06:00 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on July 7, 2009 at 1800 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Joseph J. Easton, by making known unto himself personally, defendant at 14 South 17th Street Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $57.50 July 08, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Dep ty Sheri C) ' - M - rn ao -< N 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. JENNIFER D. EASTON JOSEPH J. EASTON Defendant(s) PHS #: 207205 ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. CIVIL-09-4470 : 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 fbj;'I f '/ / By: ? e ce T. Phel , Esq., Id. No. 32227 rani S. Halli , Esq., Id. No. 62695 Daniel ieg, 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 aJoshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Date: 7-30-09 PHS #: 207205 VERIFICATION (Y) arc 'S lA % n K 1 e hereby states that he/she is vice ores i G, enk of PHH 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. Sec. 4904 relating to unsworn falsification to authorities. L? ) Name: a IrL ' - 4 % n k\e DATE: 2oc) q Title: 1/ i C e pies g e n t Company: PHH MORTGAGE CORPORATION File #: 207205 Easton 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. JENNIFER D. EASTON JOSEPH J. EASTON : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. CIVIL-09-4470 : CUMBERLAND COUNTY Defendant(s) CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: JENNIFER D. EASTON 14 SOUTH 17TH STREET, CAMP HILL, PA 17011-4811 JOSEPH J. EASTON 14 SOUTH 17TH STREET, CAMP HILL, PA 17011-4811 Phelan Hallinan & Schmieg, LLP Attorney for )?d l By: ? La e e T. Phel ,Esq., Id. No. 32227 ? anci S. Halli ,Esq., Id. No. 62695 ? Daniel ieg, 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 Z Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Date: 7-30-09 LI,:?;?I F ..9 ...14 °j~ , .~. C,,- ~~-~- ' _ i ~ ~ ~ ~ t r±y ~O1~0 JU~. ~ ~ ~ i r ..J c~.: a~ Pn~~ ~y;~ ~. ' ~raslr 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 vs. JENNIFER D. EASTON JOSEPH J. EASTON Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. CIVIL-09-4470 #1~. oo Pp A'rH ~-ra~~ Vos P.~ aysq~7 I~okee. IUau.W~ . +- , PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JENNIFER D. EASTON, and JOSEPH J. EASTON, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffls damages as follows: As set forth in Complaint $235,920.37 Interest - 07/03/2009 to 07/26/2010 $17,551.68 TOTAL $253,472.05 I hereby certify that (1) the Defendant's last known address is 14 SOUTH 17TH STREET„ CAMP HILL, PA 17011-4811, and (2) that notice has been given in accordance with Rule 237.1, copy attached. f ~~~ . Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter 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 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: '1 a.8 IO PHS # 207205 PROTHONOT RY 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 vs. JENNIFER D. EASTON JOSEPH J. EASTON Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. CIVIL-09-4470 VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JENNIFER D. EASTON is over 18 years of age and her last known residence is 14 SOUTH 17TH STREET„ CAMP HILL, PA 17011-4811. (c) that defendant JOSEPH J. EASTON is over 18 years of age and his last known residence is 14 SOUTH 17TH STREET„ CAMP HILL, PA 17011-4811. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. C ^ 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 (Rule of Civil Procedure No. 236) -Revised PHH MORTGAGE CORPORATION CUMBERLAND COUNTY vs. COURT OF COMMON PLEAS JENNIFER D. EASTON CIVIL DIVISION JOSEPH J. EASTON No. CIVIL-09-4470 Notice is given that a Judgment in the above captioned matter has been entered against you on 7'jfSlfa By: If you have any questions concerning this matter please contact: ^ 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. Na. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ J ~ B. 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 Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIO USL Y RECEI i~ED A DISCHARGE IN BANKR UPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** PHH MORTGAGE CORPORATION Plaintiff JENNIFER D. EASTON JOSEPH J. EASTON Defendant(s) TO: JENNIFER D. EASTON 14 SOUTH 17TH STREET, CAMP HILL, PA 17011-4811 DATE OF NOTICE: July 8, 2010 COURT OF COMMON PLEAS CNIL DNISON NO. CNIL-09-4470 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IlViPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIItING A LAWYER. PHS # 207205 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. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Squaze CUMBERLAND COUNTY COURTHOUSE Cazlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 By: Lawrence T. Phelan, Esq., Id. No. 32227 ~l'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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevazd, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS i# 207205 PHH MORTGAGE CORPORATION v Plaintiff COURT OF COMMON PLEAS CNIL DNISON NO. CNIL-09-4470 JENNIFER D. EASTON JOSEPH J. EASTON Defendant(s) TO: JOSEPH J. EASTON 14 SOUTH 17TH STREET, CAMP HILL, PA 17011-4811 DATE OF NOTICE: July 8, 2010 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECENED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IlVIPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOUWITH INFORMATION ABOUT HIRING A LAWYER. PHS # 207205 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. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 By~ Lawrence T. Phelan, Esq., Id. No. 32227 ~ancis 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 207205 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 PHH MORTGAGE CORPORATION Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION v JENNIFER D. EASTON JOSEPH J. EASTON Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 07/27/2010 to Date of Sale ($41.67 per diem) NO. CIVIL-09-4470 CUMBERLAND COUNTY $253,472.05 $5,625.45 TOTAL ail. ov 444 I CL 517.50 ear 1` 14, b0 " 110.50 • Pa " a. 00 4"4 • So LL Note: Please attach description of property. PHS # 207205 al K-4 4gr?e-?L $259,097.50 Dlu? Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 O'fancis 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 ? T Q - a ? M 330 to a ? w? 00 00 wit WHa ¢Ha 3 wHa x ??d x h 45 ??a aka V Q V-U cn U w O? a? a Oa O? O? o? UW ?V Q H 0 H o ? z ?oN W ? A W '? 40. WaA ?W ?O O U O o w O? V a 0 N y? ?O N h?v1 It C) '0 ^„ tt *".,T 1- OMO NOO?v'il? MM p?0 N"DN?o M O ?T CD O M?? C? r- 00 OOcM+?o t-00C Z N G 0.,z o oz- 0 oz a ?ozz rzzb ?7bti tib?bzZzo`OOz? .? ?W a" o?W ~ ?z-I c caw as v p t/] as vi v? a o C? o ?a Ativ?tia>tia¢?tiU °U¢ ¢ a ? ODOCI?CJCI??C7C?C1?0? Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff V. JENNIFER D. EASTON JOSEPH J. EASTON Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. CIVIL-09-4470 : CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (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. C u.Y cc, V Y ». B Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? L ence T. Phelan, Esq., Id. No. 32227 rancis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 1 PHH MORTGAGE CORPORATION Plaintiff V. JENNIFE- 33. E-AS-TON " JOSEPH J. EASTON Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-4470 CUMBERLAND COUNTY PHS # 207205 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 14 SOUTH 17TH STREET„ CAMP HILL, PA 17011-4811. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) C & 0, JENNIFER D. EASTON 14 SOUTH 17TH STREET, m rnr- CAMP HILL, PA 17011-4811 JOSEPH J EASTON 14 SOUTH 17TH STREET - . , - -? CAMP HILL, PA 17011-4811 ;' rn 2. Name and address of Defendant(s) in the judgment: cn Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) 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. 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) TENANVOCCUPANT. Domestic Relations of Cumberland County 14 SOUTH 17TH STREET, CAMP HILL, PA 17011-4811 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 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. August 24, 2010 By: Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? La ence T. Phelan, Esq., Id. No. 32227 rancis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? 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. CIVIL-09-4470 JENNIFER D. EASTON CUMBERLAND COUNTY JOSEPH J. EASTON Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JENNIFER D. EASTON c ? `- JOSEPH J. EASTON -o ca 14 SOUTH 17TH STREET, T 7 CAMP HILL, PA 17011-4811 co cu "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFO Ji OgBTA? WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARG ANKRUP1 THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEB U ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 14 SOUTH 17TH STREET„ CAMP HILL, PA 170114811 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 $253,472.05 obtained by PHH MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land with improvements thereon erected situate in the Borough of Camp Hill, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING on the western line of South 17th Street, on the northern line of Lot No. 15 as shown on a Plan of Lots of Jacob L. Heyd, as recorded in the Cumberland County Recorder's Office in Plan Book No. 1, Page 65; thence in a southerly direction along the western line of said Street, fifty (50) feet to a point in the center line of Lot No. 18 as shown on said Plan; thence in a westerly direction through the center of said Lot No. 18, one hundred forty-two (142) feet to a twenty (20) foot wide alley; thence in a northerly direction along the eastern line of said alley, fifty (50) feet to a point at the southwest corner of Lot No. 15 and the northwest corner of Lot No. 16 on said Plan of Lots; thence in an easterly direction along the northern line of Lot No. 16, one hundred forty-two (142) feet to the place of BEGINNING. BEING Lots Nos. 16 and 17 and the northern ten (10) feet of Lot No. 18 as shown on said Plan. Said lot also being identified as Lot No. 16A on the Final Resubdivision Plan of Lots 16, 17, 18, 19, and 20, Jacob L. Heyd Subdivision, dated August 4, 1978 and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 33, Page 150. HAVING THEREON erected a two-story frame dwelling known and numbered as 14 South 17th Street, Camp Hill, Pennsylvania. UNDER AND SUBJECT TO conditions and restrictions which now appear of record PARCEL #01-22-0536-063 TITLE TO SAID PREMISES IS VESTED IN Jennifer D. Easton and Joseph J. Easton, w/h, by Deed from Tina B. Beaupre, single person, dated 06/11/2007, recorded 06/26/2007 in Book 280, Page 3177. PREMISES BEING: 14 SOUTH 17TH STREET, CAMP HILL, PA 17011-4811 PARCEL NO. 01-22-0536-063 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-4470 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION Plaintiff (s) From JENNIFER D. EASTON and JOSEPH J. EASTON (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 $253,472.05 L.L. $.50 Interest from 7/27/10 to Date of Sale ($41.67 per diem) -- $5,625.45 Atty's Comm % Atty Paid $176.50 Plaintiff Paid Date: 9/8/10 Due Prothy $2.00 Other Costs 7?/)- i D. Buell, Prothonotary (Seal) REQUESTING PARTY: By: Name: FRANCIS S. HALLINAN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Deputy Supreme Court ID No. 62695 AFFIDAVIT O_T SERVICE PLAINTIFF CUMBERLAND COUNTY PHH MORTGAGE CORPORATION PHS # 207205 DEFENDANT SERVICE TEAM/ lore JENNIFER D. EASTON COURT NO.: CIVIL-09.4470 JOSEPH J. EASTON SERVE JENNIFER D. EASTON AT: TYPE OF ACTION 14 SOUTH 17TH STREET, XX Notice of Sheriff's Sale CAMP HILL, PA 17011 4811 SALE DATE: 12/08/2010 ? rj - C= --i SERVED ril co C/7 „C Tt Served and made known to JENNIFER D. EASTON . Defendant on the Zday of SFP?EAtBER> 201Q, at - ? r p p 11.7 C , o'clock ,P. M., at 14 S. 1'74u $7J C'Am o dtl t., AA , in the manner described below: cj) r rv +G _ Defendant personally served. " -1/ Adult family member with whom Defendant(s) reside(s). -* t Relationship is Adult in char e of De eidence who refused to ive nam r relati hi ? C C) C'> _ g g e o ons p. „ Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ _ Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. < Other: Description: Age ads Height --5!r Weight ! 60 Race _LA) Sex /(A Other I, PDW*?) MAO 1-i-, 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 subscribed before me this 12-day KIMBERLY CURTY N S_y20? C6r?f c? NOTARY PUBLIC , ?, Q ? STATE OF NEW JERSEY Notary: B `""'? MY COMM1SS1014, EXPIRES MARCH 7, 2013 NOTSERVED On the yo , 20-, at _ o'clock _ M., Defendant NOT FOUND because: scant es Not Exist _ Moved _ Does Not Reside (Not Vacant) _ No Answer on at at _ Service Refused Other: Sworn to and subscribed before me this day By: Notary: ATTORNEY FOR PLAINTIFF Iwwaeaee T. Phelan, FJq., la. Na.32227 Fneob S. nafye, Esq., Id. Nw 62M DM" G. sdW ft Feq., Y. No. 62285 M13de M. Baadbrd, Esq., I Na We Jadhh T. Raaara, Esq., ]d. N& W45 am" R. SIah-Lni, Fiq, K No U761 Jewine a Davq, &q., Id. Na. 81097 1Awm R T*aa, Eaq, ]d. No. 93337 Vtva1[ SAmdbva, Faq, Id. No. 202331 Jay L Jms, Fiq., I& Nu 86657 Peter J. Mvkahl, F.+, ld. No. 61791 Aadtew L Splvadc, Esq., W. Na 80439 Jahm Mc(:Idaaeaa, Fall, 6d. No. 961M ChdownYole P. F%*A.6 Esq., hL Nw 59620 J"m 1. cutlers, Eaq, Pd. Na. 205W Cwrtw7 R. Mma. Esq. Pd. Na M67M Aedrew C. Braa?hMb pper?.,,, Id. Na 201375 omptamcn wal Sab?rlan St." 107 JWm F. Kennedy RIM, Sot 1408 Ph6de4tla, PA 19103.1814 (215)563.7010 z !;,TtVF "I" t .« 0;TCAGE CORPORATION AFFIDAVIT OF a,6RV1CE CUMBERLAND COUNTY PHS li 207205 ?'9 L;;?Et?twT I. .k _U. F,ASTON i. EASTON SERVICE TEAM/ kac COURT NO.: CIVIL-09-4470 7 r?? C 3 4 4' ! .ie e!;€ PH J. EASTON AT: TYPE OF ACTION (= )(Ti y 17TH STREET, XX Notice of Sherifrs Sale -0 = c "'t t I' t f i U., PA 170114811 SALE DATE: 12/ MM10 PT'1 w C.I) =-.n C y t 1-n r- -um SERVED -<>, =:te known to JOSEPH J. EASTON , Defendant on the day of $FQTErMBf . 20 f0 , at f- 7-' C:) I1: 40 A M., at 14 S 174t• Sr, d I?HIA..l [?A in the manner described below: =0 -ri t) r ]rcrsonally served. ;ii , member with whom Defendant(s) reside(s). -- Crn hip is 77.5 °t •a,atge of Defendant's residence who refused to give name or relationship. _J! ierk of place of lodging in which Defendant(s) reside(s). nc:rson in charge of Defendant's office or usual place of business. an officer of said Defendant's company. e 305 Height , 5? « Weight I (ed Race W Sex /A Other 1?4) #V } Gb MOLL a competent adult, being duly sworn according to law, depose and state that I personally ;++ correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned id at the address indicated above. ?:ribed KIMBERLY CURY I2 day 107A11 PUBLIC 7 Or- "'tl V ? v?` SSI aF NEW JERSEY By: MY COMMISSION EXPIRES MARCH 7, 2013 NOT SERVED 20at - o'clock _ M., Defendant NOT FOUND because: Does Not Exist _ Moved _ Does Not Reside (Not Vacant) c)D at at cfused ;, , i ,+.LCribed __ _ ?U day By: ATTORNEY FOR PLAINTIFF Lwr"M T. Fbebk Esq, It "0.32227 Fnw.k S. Hnlrrn, Egg, Id. Na 6285 Deed G. Sawia, E,q, Id. Na 62206 .mwwe x RwAhrd, Faq, M. Na 6" JndNh T. Roman, Eeq, Id Na MM Sheet d IL Srnh.Jeab req., ld. No. 81760 Jame R. DSsey, ESP, Id. Na VM laera R. Ta N4 Eeq, Id. Na 93337 Vhe! Sdraetew+, Esq, Id. Na 20MI Jay H. Jwem Eq, W. No. 86667 PeterJ. Makehq, Esq, Id. Na 61791 Andrew L Spud, Eal, id-No. 84439 Jadne MCGuhnew Earl, K Na 98134 Chrho.elrk P.9 *a4 FA}, Id. No. 94620 jahm 1. GoMm% Esq., NJ Na 285801 Ceedt y It. Dena, Es%, 61 Na 206719 Aedm C. BrewBWt ld. Na 288375 1617 Jane F. Ke y Rhd-, ISwk Ph&WdAl., PA 19103.1834 (215) 563-7688 [C' v ,~ r f-~4 4:~ ~a y 4~~c. C~ T~~~ E~ ~, r, ~o ., i~-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. $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 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff v. ~t,~rn~. 4?~ ~'.~j~~~ ~ ~,'',_ ~ ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County JENNIFER D. EASTON JOSEPH J. EASTON No.: CIVIL-09-4470 Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES 207205 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 July 6, 2009, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on July 28, 2010 in the amount of $253,472.05. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriff s Sale on December 8, 2010. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through December 8, 2010 Per Diem $44.97 Late Charges Legal fees Cost of Suit and Title Sheriffs 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 $218,847.31 $29,094.64 $935.40 $1,300.00 $711.50 $0.00 $0.00 $0.00 $1,746.85 $200.00 ($0.00) $12,857.24 $265,692.94 207205 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff s attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 6, 2010 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. 207205 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP r DATE: 10 ~ (D _ 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 207205 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. JENNIFER D. EASTON ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County JOSEPH J. EASTON No.: CIVIL-09-4470 Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 207205 I. BACKGROUND OF CASE JENNIFER D. EASTON and JOSEPH J. EASTON 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 14 SOUTH 17TH STREET„ CAMP HILL, PA 17011-4811. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be 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 Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase 207205 Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 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 Compan~v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal 207205 and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriff s 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 CompanX v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6}. The purpose of the dollar amount in the in rem judgment is for .q bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest 207205 to be chazged 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 Sheriffls sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee often percent of the original mortgage amount is not unconscionable. 414 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 207205 Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff s sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff s sale date, as their interests will be divested by the Sheriff s sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its 207205 foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. 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. 207205 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: (©_ ~ [(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 207205 Exhi it ~- «A~~ 207205 Phelan Hallinan & 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 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. Fliakvs, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Td. No. 206779 Andrew C. Bramblett, Esq., Id. No. 20$375 1617 JFK Boulevard, Suite 1400 One Penn Genter Plaza Philadelphia, PA 19103 215-563-7000 zonos PHH MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Plaintiff v. JENNIFER D. EASTON JOSEPH J. EASTON 14 SOU'T'H 17TH STREET, CAMP HII..L, PA 17011-4811 Defendants N ~ o f't~ r ; , ;~~ ;.. ~ r- m~ , - v: ,- ~ ~ ,~~-t•. ~ ~. ; ~" ~ '7.n ~ ~ ~ ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CTVII, DIVISION TERM ~~ ~~.I No. 0~ ~ ~~70 CUMBERLAND COUNTY Vie hereby certify the WitiNrl t4 bB A tCt1@ arld correct copy of the original filed of reCOrd CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE ' f~ORNEI~ ~ C~P'Y PLEASE RETURN r;~e #: Laos NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment maybe entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IE YOU CANNOT AFFORD TO HIlZE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FLE OR NO FEE. Lawyer Referral Service: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (? 17) 249-3166 File #: 2(}7205 1. Plaintiff is PHH MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. 'The name(s) and last known addresses} of the Defendant(s) are: JENNIFER D. EASTON JOSEPH J. EASTON 14 SOUTH 17TH STREET, CAMP HILL, PA 17011-4811 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06!20/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED A5 A NOMINEE FOR ERA HOME LOANS which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1997, Page 0946. 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, aze matters of public record and aze incorporated herein by reference in accordance with Pa.RC.P. 1019(8); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2008 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. Filc #: 207205 6. The following amounts are due on the mortgage: Principal Balance $219,601.31 Interest $11,009.28 11/01/2008 through 07/02/2009 (Per Diem $45.12) Attorney's Fees $1,300.00 Cumulative Late Charges $779.50 06/20/2007 to 07/02/2009 Non Sufficient Funds Charge $150.00 Mortgage Insurance Premium ! $698.74 Private Mortgage Insurance Cost of Suit and Title Search 7~ ~ Subtotal $234,288.83 ESCTOW Credit $o.oo Deficit $1,631.54 Subtotal 1 631.54 TOTAL $235,920.37 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5°!0 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 ofpersonal liability (or an in personarn 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. Pilo 1f: 207205 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 19$3, as amended in 199$, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. WHEREFORE, PI..AINTIFF demands an in rem Judgment against the Defendants} in the sum of $235,920.37, together with interest from 07/02/2009 at the rate of $45.12 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: ~~c,/C' Lawrence T. Phelan, Esquire Francis S. Haliinan, 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 Fite #: 207205 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land with improvements thereon erected situate in the Borough of Camp Hill, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING on the western line of South 17th Street, on the northern line of Lot No. 15 as shown on a Plan of Lots of Jacob L. Heyd, as recorded in the Cumberland County Recorder's Office in Plan Book No. 1, Page 65; thence in a southerly direction along the western line of said Street, fifty (50) feet to a point in the center line of Lot No. 18 as shown on said Plan; thence in a westerly direction through the center of said Lot No. 18, one hundred forty-two (142) feet to a twenty (20) foot wide alley; thence in a northerly direction along the eastern line of said alley, fifty {50) feet to a point at the southwest corner of Lot No. 15 and the northwest comer of Lot No. 16 on said Plan of Lots; thence in an easterly direction along the northern line of Lot No. 16, one hundred forty-two (142) feet to the place of BEGINNING. BEING Lots Nos. 16 and 17 and the northern ten (10) feet of Lot No. 18 as shown on said Plan. Said lot also being identified as Lot No. 16A on the Final Resubdivision Plan of Lots 16, 17, 18, 19, and 20, Jacob L. Heyd Subdivision, dated August 4, 1978 and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 33, Page 150. BEING THE SAME premises which Tina B. Beaupre, a single person, by Deed bearing date the 18th day of June, 2007, and about to be herewith recorded in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, granted and conveyed unto Jennifer D. Easton, a single person. UNDER AND SUBJECT TO conditions and restrictions which now appear of record. PARCEL #O1-22-0536-063 PREMISES BEING: i4 SOUTH 17'~ STREET File #: 207205 vE>~rcATrorr fYl arc 'S 1-4ti~Kle. hereby states that he/she is ~[ t c e p~rP,~ t ~en~ of PHH 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. Sec. 49(k relating to unsworn falsification to authorities. Name: 8rG ~ ~~n k1e DATE: ~ 2Up q Title: ~- t c E ~ pYes 1 c~e to t Company: PHH MORTGAGE CORPORATION Fi]e #: 207205 Easton Exhibit "B" ~---- i 207205 20~~ Jul. ~,u F:l •+• v:~ PLC+~,~~r~~~ta,;~;pLEA~E RE7U~t~ 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-?000 PHH MORTGAGE CORPORATION vs. , JENNIFER D. EASTON . JOSEPH J. EASTON . a 6705" Attorney for Plaintiff A~'7'd~~,~ ~rj ~ ~"~~'~ ~~EAS~ ~~ i t~~~`~ CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. CIVIL-09-447Q arra~.~~r ~~~ co~Y PLEAS' R~~ PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JENNIFER D. EASTON, and JOSEPH J. EASTON, Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $235,920.37 Interest - 07/03!2009 to 07/26/2010 17 551.68 TOTAL $253,472.05 I hereby certify that (I) the Defendant's last known address is 14 SOUTH 17TH STREET„ CAMP HILL, PA 17011-4811, and (2) that notice has been given in accordance with Rule 23'1.1, copy attached. ~ ~ `~ . ~, Lawrence T. Fhelan, 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 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ~7,~~l~Io PIiS # 207205 PROTHONOTAR C Exhibit "C"_ ~-- 207205 N O N 0 ~o R E. N s~ m~ .'~ H ~. a~ y~ ~~ ~~ b~ ~~ R~ 0 ~I ~~~~~ y~~~~ w =~~ a ~ ~. c. ~. ~ ~ O D O N xC y ~ b n ^" ~ .7 M O _~ O~ phi 'G~ ~ y y ~ ~ ~'~ N o _c aK ~'^. ~ ~ c. o ;, m a ~ N R ~ ~ ~~' g ay ~ a 0 p ~ A ~ ~. Crl~ ~~~ Da s.~;~~ n ~. ~ a' ~. ~~~ ~~~ ~. p~ .. ~. g ~ ~ ~ ,So 0 a w k c ~~- a ~ '~ ~ ~ ~. ~ ~~~~ R~~= ~~ ~ g ~ 4 ~~ ~.~~~~ °~ ~~ gd ~I ~~ WI NI "" O ~ ~ V ~ U .p w N ... StP~ ~ ~~ '~~,~~., ~~arnv~r ~+Nt s o z ,,~ ~ 01.Zgo . oooaz»zss " MAfLED FRpM ZfP p~E619 010 'q x a ~ ~ N n' O ry J N Z' Q" "f rz ~~~ s . ~' ~ a , ~ boo ~~z ' z ~ a ~ ~~ od ~ a a ~ ~. ~~, ~ ~~ ~ ~ ~ ~ ova W ~z o ~ ~ ~~~ ~ ~ ~~ ~ a ~ ~ ~, o ~' ~ ~ ~ ~ ,~ a r ~+ b 0 c b . ~ ~, ~ y O ~ ~ S z ~' a ~ ~ 0 ~ A " ] '~ y r w v i1 ~'vl n a 0 y A I!II!IIIII oar r ~ ~ ,~ ~ 3 ro ~ ~ ~ a ~~ 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 6, 2010 JENNIFER D. EASTON JOSEPH J. EASTON 14 SOUTH 17TH STREET, CAMP HILL, PA 17011-4811 RE: PHH MORTGAGE CORPORATION v. JENNIFER D. EASTON and JOSEPH J. EASTON Premises Address: 14 SOUTH 17TH STREET, CAMP HILL, PA 17011 CUMBERLAND County CCP, No. CIVIL-09-4470 Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by October 11, 2010. you have further questions or concerns, please do not hesitate to contact me. use be guided accordingly. yours, ~wrence T. Phelan, Esquire _ Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire She R. Shah-Jani, Esquire J ne R. Davey, Esquire auren R. Tabas, Esquire nn~~nc 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 Enclosure VERIFICATION I hereby state that I am the attorney for Flaintiff 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: [(~ ~(?~,~c~ By: `~ f- '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 207205 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. JENNIFER D. EASTON JOSEPH J. EASTON Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County : No.: CIVIL-09-4470 CERTIFICATION OF SERVICE 207205 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. JENNIFER D. EASTON JOSEPH J. EASTON 14 SOUTH 17TH STREET, CAMP HILL, PA 17011-4811 Phelan Hallinan & Schmieg, LLP DATE: l(~ ~(`? ~(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 ourtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 207205 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. JENNIFER D. EASTON and JOSEPH J. EASTON CUMBERLAND County CCP, No. CIVIL-09-4470 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, ~~ La n e 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 207205 Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire/ Andrew C. Bramblett, Esquire Enclosure cc: JENNIFER D. EASTON JOSEPH J. EASTON 207205 PHH MORTGAGE CORPORATION PLAINTIFF V. JENNIFER D. EASTON, JOSEPH J. EASTON, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4470 CIVIL ORDER OF COURT AND NOW, this 19th day of October, 2010, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before November 8, 2010; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, ~ Courtenay R. Dunn, Esquire Attorney for Plaintiff ennifer D. Easton Joseph J. Easton Defendants b//as l~D'J t st.S /~~. t ~, lD ~Q~lD ~r~} `V`~ M. L. Ebert, Jr., J. :-~ c a rt ~ ° ~ ~ ~ ~ i ~' ~v n c ~ ~ - .n o ~° ~ ~ z- D ~ tt~ ~ tnTt --{ N ~ -~ t._ - ~' ~F TH~LPROT t ~OT~e~`t' 20110 OCR' 26 AM I I ~ ~~ ~U~IBE~LA~~~ C~UE~~'~t;, PENPISYt~~~,9~1 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. JENNIFER D. EASTON JOSEPH J. EASTON Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: CIVIL-09-4470 No.. CERTIFICATION OF SERVICE 207205 ,r .:,.. I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of November 8, 2010 was sent to the following individual on the date indicated below. JENNIFER D. EASTON JOSEPH J. EASTON 14 SOUTH 17TH STREET, CAMP HILL, PA 17011-4811 Phelan allinan & Schmieg, LLP • . ___.. DATE: ~~ ~ a~ ~ ~ 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 207205 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1PHH MORTGAGE CORPORATION ]Plaintiff, IV. CUMBERLAND COUNTY COURT OF COMMON PLEAS JENNIFER D. EASTON JOSEPH J. EASTON Defendant(s) CIVIL DIVISION No.: CIVIL-09-4470 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPIIIA 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 att'iteh6d hereto Exhibit "A". t Lawrence T. Phelan, Esq., Id. No. 32227 L_j 4 ? 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. 9333)7 ? Vivel< Srivastava, Esq., Id. No. 202331 .' ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., ld. No. 84439 me McGuinness, Esq,, Id. No. 90134 4 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 Elate: 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 9 207205 s PHH MORTGAGE CORPORATION Plaintiff V. JENNIFER D. EASTON JOSEPH J. EASTON Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-4470 CUMBERLAND COUNTY PHS 9 207205 AMENDED 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 14 SOUTH 17TH STREET„ CAMP HILL, 'PA 17011-4811. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) JENNIFER D. EASTON 14 SOUTH 17TH STREET, CAMP HILL, PA 1701.1-4811 JOSEPH J. EASTON 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 14 SOUTH 17TH STREET, CAMP HILL, PA 17011-4811 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 properly and whose interest may be affected by the sate. Name Add 'f dd None. ress ( a ress cannot be reasonably ascertained, please indicate) 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 14 SOUTH 17TH STREET, CAMP HILL, PA 17011-4811 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division lnternal Revenue Service ]Federated Investors Tower Department of ]Public Welfare TPL Casualty Unit Estate Recovery' Program 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA, 17108 6th Floor, Strawberry Sq. Dept 280601, Harrisburg, PA 17128 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 P.O. Box 8486 Willow Oalc Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S,A. § 4904 relating to unsworn falsification to authorities. i B. Attorney for Plaintiff Phelan Halliuan & 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 i r .4 !o n: C Q C: C r_ E- 11 CL C_ C Q ro O 607 m C.) is x t14 i ccz y j CQ zoo oo ro v ? N ao y o /. € 0 661 3000 &Z Ma i (1911VVQ OLOL 94 d:lS 99ZiLZ70O0 Z0 •yy r "? AL r fl6J i+O of SMAO9 A3Nild / C ? womr zp, 5 v E at vi o a t51Jdc"S o m 'i 4 20#0 :. ?tl r - b WX i?, E N ? p'? c j O ? LTi:ii J v ?9.a v ^J U _ ? ti N U C W ai O ? o 4 dUU?:.? .? j w p 'L^p p pro. ? ? .? v v o S. o _ t3 v ? CJ FF ,, 1+i ? p ftt L' ? ?. `? U"1 V ..W H ? ? 'S ? ++ rn d V F o y veq ai? o n 04 Q C.. v C) 3 pi N a ???a .. ?> Co tU '? (]?" aid O .,?'? F.~ f? C ?'? .G A "t tom.. 'o E-4?U aUU VAa;x °at LDu+n :fl k t1 O A a? C'I .-. N t:} et 173 ?C} h ob ? O .-t N M tY. i(j z r 'l. ? f. ri I O G?i N V) kr) ."?. c a ? . o ?c Ca s? C- v o (U . c d Q w '? is d b o y b O a v as ?D CaA, o00 44 x o CS w c a cc± ot4 ... }, cv o Q r •? '?. a Oa. cd 'O. ? cC c?w .pox ?. N p .rw.,a . cd Cw u? AHWa 3x N _O ?7 % -k •K % .X .X i. z QO ?. S A, ON gszi?zt7ooo 0 - j1 V) N r O N x M Q v- W F' o T N ? G ?o N To o° v C ? V U F ? F ai F ? w XN ? ? Q r y (n O Gy X y'F W C a+ G? p ?) G T o ? Y ro v ? 3 ro ? y m n ? ? G ? W G v y on G v? ai ? ? G U ? - U o N V V v. n l w G N ? ,n vi N O O N O o ' ? c ° ro G ? Oss R= N G •'' T ? Q O = O r W - o, a l O F D V G U G tC O V ? M C7 V ? X Qi 0 w° a E-- C4 }rj ?C a°?i W zo a • LLI u U G Q'i O A? w ?. W a. ° o z a W -" F b ?+ F a' •K % -K % % -K •K % •k •K -X -k •K % -K -K •K -k •k % % % -K •k •k % •K •X % -K -K % -K •K •K % v, O ? W T ? N z ?t ?n ?o ? o0 0, o ^" N M ?7' 4n F a, 12: 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. JENNIFER D. EASTON JOSEPH J. EASTON Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: CIVIL-09-4470 No.. MOTION TO MAKE RULE ABSOLUTE 207205 PHH MORTGAGE CORPORATION, by and through its attorneys, Phelan Hallinan & Schmieg, LLP, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on October 14, 2010. 3. A Rule was entered by the Court on or about October 19, 2010 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on October 25, 2010, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". Defendants failed to respond or otherwise plead by the Rule Returnable date of November 8, 2010, 207205 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. By: _I I Olin Phelan Hallinan & Schmieg, LLP DATE: L ? L wr nce T. PhelM, $sq., Id. No. 32227 ? rancis S. Hallinan, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? 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 207205 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. JENNIFER D. EASTON JOSEPH J. EASTON Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: CIVIL-09-4470 No.. BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE 207205 A Motion to Reassess Damages was filed with the Court on October 14, 2010. A Rule was entered by the Court on or about October 19, 2010 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on October 25, 2010 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of November 8, 2010. 207205 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: )1(10 a By: Phelan Hallinan & Schmieg, LLP IA . ?A 1n . . 7 fwkence T. P561%, Esq., Id. No. 3-2227 ? F ancis S. Hallinan, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 M ichele 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 207205 Exhibit "A" 207205 PHH MORTGAGE CORPORATION IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JENNIFER D. EASTON, JOSEPH J. EASTON, DEFENDANTS NO. 09-4470 CIVIL ORDER OF COURT AND NOW, this 19'h day of October, 2010, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before November 8, 2010; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, M. L. Ebert, Jr., J. Courtenay R. Dunn, Esquire Attorney for Plaintiff Jennifer D. Easton Joseph J. Easton Defendants bas it Exhibit "B" 207205 Cal f iii T ' Or . .:..! c 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. JENNIFER D. EASTON JOSEPH J. EASTON Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: CIVIL-09-4470 No. CERTIFICATION OF SERVICE 207205 I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of November 8, 2010 was sent to the following individual on the date indicated below. JENNIFER D. EASTON N.0 JOSEPH J. EASTON -NV 14 SOUTH 17TH STREET, ' f CAMP HILL, PA 17011-49IV e* DATE: By: Phelan I allinan & Schmieg, LLP J , 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 ? Sheet Shah-Jani, Esq., Id. No. 81760 ? Je ' ' R. Davey, Esq., Id. No. 87077 . wren R. Tabas, Esq., Id. No. 93337 ? ivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivaek, 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, llsq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 1? 207205 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 Make Rule Absolute 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. Hallinan & Schmieg, LLP DATE: 11110110 By: ? L'a ence T. Phelln, Esq., Id. No. 32227 ? F cis S. Hallinan, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? 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 207205 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. JENNIFER D. EASTON JOSEPH J. EASTON Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: CIVIL-09-4470 No.. CERTIFICATION OF SERVICE 207205 I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. JENNIFER D. EASTON JOSEPH J. EASTON 14 SOUTH 17TH STREET, CAMP HILL, PA 17011-4811 Hallinan & Schmieg, LLP DATE: Ito By: - I I jib VFFcis ence . helan, Esq., Id. Nb. 32227 S. Hallinan, Esq., Id. No. 62695 el G. Schmieg, Esq., Id. No. 62205 ele 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 207205 t NOV 15 Zulu OF TN fLPO THONOTARY 1010 NOV 16 Phi 2: 34 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County JENNIFER D. EASTON JOSEPH J. EASTON No.: CIVIL-09-4470 No.. Defendants tk ORDER AND NOW, this day of 111 bV , 2010, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $218,847.31 Interest Through December 8, 2010 $29,094.64 Per Diem $44.97 Late Charges $935.40 Legal fees $1,300.00 Cost of Suit and Title $711.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $0.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $1,746.85 Private Mortgage Insurance 207205 Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $200.00 ($0.00) $12,857.24 $265,692.94 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. C O I £S rn? lc?, BY THE COURT J. 207205 207205 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff PHH MORTGAGE CORPORATION Plaintiff vs JENNIFER D. EASTON JOSEPH J. EASTON Defendant : I Court of Common Pleas : I Civil Division : I CUMBERLAND County : I No. CIVIL-09-4470 TO THE PROTHONOTARY: Please vacate the judgment(s) entered and mark the action discontinued and ended without rej dice. Date: PHELAN HAL IN _ 4 SCI IMIEG, LL,P By: lns-f? Lawrence T. Phelk,fAq., 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 ., eetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 cv w Vivek Srivastava, Esq., Id. No. 202331 ° Jay B. Jones, Esq., Id. No. 86657 C-) C-- = < Peter J. Mulcahy, Esq., Id. No. 61791 ,U-? < , Andrew L. Spivack, Esq., Id. No. 84439 e:) E. - >. Jaime McGuinness, Esq., ld. No. 90134 O © Chrisovalante P. Fliakos, Esq., Id. No. 94620 -ja- C..) Joshua I. Goldman, Esq., Id. No. 205047 79 6 o aCO Courtenay R. Dunn, Esq., Id. No. 20 7 ?.? Andrew C. Bramblett, Esq., Id. No. 208375 r., ?-' Allison F. Wells, Esq., Id. No. 309519 PI1S#207205 Attorneys for Plaintiff a ,-:p oC??o 5??,35 XJ' 'SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor A CaTHE FILERO OF FIff r Z3I0 DEC 13 AM I I: ? I CUMBERLAND CouNT PENN5YL.Vr HIA PHH Mortgage Corporation vs. Jennifer D. Easton (et al.) Case Number 2009-4470 SHERIFF'S RETURN OF SERVICE 10/11/2010 05:28 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on 10-11-10 at 1728 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Jennifer D. & Joseph J. Easton, located at, 14 South 17th Street, Camp Hill, Cumberland County, Pennsylvania according to law. 10/11/2010 05:28 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on 10-11-10 at 1728 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: Joseph J. Easton, by making known unto, Jennifer D. Easton, wife of defendant, at, 14 South 17th Street, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 10/11/2010 05:28 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on 10-11-10 at 1728 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: Jennifer D. Easton, by making known unto, Jennifer D. Easton, personally, at, 14 South 17th Street, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 12/06/2010 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 2/2/2011 12/06/2010 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 12/6/10. SHERIFF COST: $1,396.83 December 10, 2010 SO ANSWERS, RbNl`i R ANDERSON, SHERIFF ,'*4 a 5 a 3S-19? c CountySuite Sheriff. Telecsoff Inc. i 5 t 'PHH MORTGA'GE+ CWQRATION Plaintiff ' COURT OF COMMON PLEAS CAVIL DIVISION V. JENNIFER D. EASTON JOSEPH J. EASTON Defendant(s) NO. CIVIL-094470 CUMBERLAND COUNTY PHS # 207205 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 14 SOUTH 17TH STREET„ CAMP HILL, PA 17011-4811. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) JENNIFER D. EASTON JOSEPH J. EASTON 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 14 SOUTH 17TH STREET, CAMP HILL, PA 170114811 14 SOUTH 17TH STREET, CAMP HILL, PA 17011-4811 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. r ? ? r 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: TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA reasonably ascertained, please indicate) 14 SOUTH 17TH STREET, CAMP HILL, PA 17011-4811 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 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 unworn falsification to authorities. August 24, 2010 By: Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? La ence T. Phelan, 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 ? 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 h. . FA PHH MORTGAGE CORPORATION : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. : NO. CIVIL-09-4470 JENNIFER D. EASTON CUMBERLAND COUNTY JOSEPH J. EASTON Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JENNIFER D. EASTON JOSEPH J. EASTON 14 SOUTH 17TH STREET, CAMP HILL, PA 17011-4811 "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 14 SOUTH 17TH STREET„ CAMP HILL, PA 170114811 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 $253,472.05 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 Sheriffs Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 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 DOEN 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. . r 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 vour nronerty. 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 r LEGAL DESCRIPTION ALL THAT CERTAIN lot of land with improvements thereon erected situate in the Borough of Camp Hill, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING on the western line of South 17th Street, on the northern line of Lot No. 15 as shown on a Plan of Lots of Jacob L. Heyd, as recorded in the Cumberland County Recorder's Office in Plan Book No. 1, Page 65; thence in a southerly direction along the western line of said Street, fifty (50) feet to a point in the center line of Lot No. 18 as shown on said Plan; thence in a westerly direction through the center of said Lot No. 18, one hundred forty-two (142) feet to a twenty (20) foot wide alley; thence in a northerly direction along the eastern line of said alley, fifty (50) feet to a point at the southwest corner of Lot No. 15 and the northwest corner of Lot No. 16 on said Plan of Lots; thence in an easterly direction along the northern line of Lot No. 16, one hundred forty-two (142) feet to the place of BEGINNING. BEING Lots Nos. 16 and 17 and the northern ten (10) feet of Lot No. 18 as, shown on said Plan. Said lot also being identified as Lot No. 16A on the Final Resubdivision Plan of Lots 16, and 20, Jacob L. Heyd Subdivision, dated August 4, 1978 and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 33, Page 150. HAVING THEREON erected a two-story frame dwelling known and numbered as 14 South 17th Street, Camp Hill, Pennsylvania. UNDER AND SUBJECT TO conditions and restrictions which now appear of record. PARCEL #01-22-0536-063 TITLE TO SAID PREMISES IS VESTED IN Jennifer D. Easton and Joseph J. Easton, w/h, by Deed from Tina B. Beaupre, single person, dated 06/11/2007, recorded 06/26/2007 in Book 280, Page 3177. PREMISES BEING: 14 SOUTH 17TH STREET, CAMP HILL, PA 170114811 PARCEL NO. 01-22-0536-063 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-4470 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION Plaintiff (s) From JENNIFER D. EASTON and JOSEPH J. EASTON (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 $253,472.05 L.L. $.50 Interest from 7/27/10 to Date of Sale ($41.67 per diem) -- $5,625.45 Atty's Comm % Atty Paid $176.50 Plaintiff Paid Date: 9/8/10 (Sea)) REQUESTING PARTY: Due Prothy $2.00 Other Costs Davy . Buell, Prothono By: Deputy Name: FRANCIS S. HALLINAN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62695 On September 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Camp Hill Borough, Cumberland County, PA, Known and numbered as, 14 South 17`h Street, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 22, 2010 L; 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. L sa Marie Coyne, E itor SWORN TO AND SUBSCRIBED before me this 5 day of November 20 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH. CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL Writ No. 2009-4470 Civil PHH Mortgage Corporation VS. Jennifer D. Easton Joseph J. Easton Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. CIVIL-09-4470, PHH MORT- GAGE CORPORATION vs. JENNIFER D. EASTON, JOSEPH J. EASTON, owners of property situate in the CAMP HILL BOROUGH, Cumber- land County, Pennsylvania, being 14 SOUTH 17TH STREET, CAMP HILL, PA 17011-4811. Parcel No. 01-22-0536-063. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $253,472- .05. 37 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 i4f PatnotwNews 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 SE;ptember 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: 10/15/10 2009-4470 Civil Term 10/22/10 PHH Mortgage Corporation 10/29110 Vs Jennifer D. Easton Joseph J. Easton - J n niel Schmieg D I a•'?-C i .... . , a Atty: _ By virtue of a Writ of Execution NO. CIVIL-09-4470 E CORPORATION ?,- :::010 A D Sworn to a subscribed be?Fa Me this 10lay/oj.-November PHH MORTGAG , . . YS. f JENNIFER D. EASTON ? JOSEPH J.EASTON owner(s) of property situate in the CAMP k-' HILL BOROUGH, Cumberland County, NOt Public Pennsylvania, being (Municipality) 14 SOUTH 17TH STREET„ CAMP HILL, PA _ COMMONWEALTH OF PENNSYLVANIA 17011.4811 01-22-0536.063 rcel No P I Notarial Seal Sherrie C. N?ar1 Public . a (Acreage or street address) NTIAL lower Paxton Twp., Dauphin County My Commisslon Exores Nov 26 2011 Improvements thereon: RESIDE DWELLING . , Notarie Member. Pennsvlvania A ;- Iati"" N' s JUDGMENT AMOUNT: 5253,472.05