Loading...
HomeMy WebLinkAbout10-1230Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 ? aFrancis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 ? ; FILED-4 1 `:L Michele M. Bradford, Esq., Id. No. 69849 077 T?-1 f?` `d 2V Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 2010 FEB 23 M 12: C5 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 C U, + Jay B. Jones, Esq., Id. No. 86657 rL j 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 228517 PHH MORTGAGE CORPORATION 2001 BISHOP'S GATE BLVD MOUNT LAUREL, NJ 08054 Plaintiff NICOLE M. JORDAN, IN HER CAPACITY AS ADMINSTRATRIX & HEIR OF THE ESTATE OF CONNIE S. JORDAN 522 SOUTH WEST STREET CARLISLE, PA 17013 IAN MICAH JORDAN, IN HIS CAPCITY AS HEIR OF THE ESTATE OF CONNIE S. JORDAN 7526 WERTZVILLE ROAD CARLISLE, PA 17015 CORTNEY LEA JORDAN, IN HER CAPACITY AS HEIR OF THE ESTATE OF CONNIE S. JORDAN 20 BELLAIRE AVE CARLISLE, PA 17013 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CONNIE S. JORDAN, DECEASED 370 OLD STATE ROAD GARDNERS, PA 17324-8938 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. w - 1.236 CUMBERLAND COUNTY ctv' `7? S 9?t?.0d C Xy CwC Q/Y3d2-, P-9-a?3 y9/9 File #: 228517 46- 10 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 228517 - •. -61. Plaintiff is PHH MORTGAGE CORPORATION 2001 BISHOP'S GATE BLVD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: NICOLE M. JORDAN, IN HER CAPACITY AS ADMINSTRATRIX & HEIR OF THE ESTATE OF CONNIE S. JORDAN 522 SOUTH WEST STREET CARLISLE, PA 17013 IAN MICAH JORDAN, IN HIS CAPCITY AS HEIR OF THE ESTATE OF CONNIE S. JORDAN 7526 WERTZVILLE ROAD CARLISLE, PA 17015 CORTNEY LEA JORDAN, IN HER CAPACITY AS HEIR OF THE ESTATE OF CONNIE S. JORDAN 20 BELLAIRE AVE CARLISLE, PA 17013 { y UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CONNIE S. JORDAN, DECEASED 370 OLD STATE ROAD GARDNERS, PA 17324-8938 who is the real owner(s) of the property hereinafter described. 3. On 07/19/2007 mortgagor(s) CONNIE S. JORDAN made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR CORNERSTONE FEDERAL CREDIT UNION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 2000, Page 4167. 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. File #: 228517 .. 4. 5. 6. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2009 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. The following amounts are due on the mortgage: Principal Balance $95,795.85 Interest $3,292.08 06/01/2009 through 02/19/2010 (Per Diem $12.47) Attorney's Fees $650.00 Cumulative Late Charges $244.98 07/19/2007 to 02/19/2010 Costs of Suit and Title Search 550.00 Subtotal $100,532.91 Escrow Credit $0.00 Deficit $0.00 Subtotal $00() TOTAL $100,532.91 7. Plaintiff is not seeking a judgment of personal liability (or an in personan, 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 #: 228517 8. Notice of Intention to Foreclose pursuant to Act 6 of 1974 is not required because the 4W I defendants are not a "Residential Mortgage Debtors" as defined by the Act, having failed to provide Plaintiff notice of its acquisition of title. 9. This action does not come under Act 91 of 1983 because the mortgaged premises is not owner-occupied. 10. Mortgagor CONNIE S. JORDAN died on 7/23/09, and NICOLE M. JORDAN was appointed Administratrix of her estate. Letters of Administration were granted to her on 8/28/09 by the Register of Wills of Cumberland County, No. 21-09-0813. Decedent's surviving heirs at law and next-of-kin are NICOLE M. JORDAN, IAN MICAH JORDAN, and CORTNEY LEA JORDAN. ..,..,, ( f,._ ;,', 11. Plaintiff does not hold the named Defendants, NICOLE M. JORDAN, IAN MICAH JORDAN, and CORTNEY LEA JORDAN, personally liable on this cause of action. This action is being brought to foreclose the interest of the said Defendants in the aforesaid real estate only, and the Defendants have been named in accordance with the requirements of Pa R.C.P. 1144(a)(2) and 20 Pa.C.S.A. § 301(b). File #: 228517 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of w $100,532.91, together with interest from 02/19/2010 at the rate of $12.47 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. & SCHMIEG, LLP By: U a ence T. Phelan, Es ., Id. No. 32227 ? r cis S. Hallinan, Es $., Id. No. 62695 ? aniel G. Schmieg, E q., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? J dith T. Romano, Esq., Id. No. 58745 9 heetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Coui enay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 228517 LEGAL DESCRIPTION ALL that certain tract of land situate in the Township of Dickinson, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the State Highway leading from Carlisle to Gettysburg; thence along said State Highway in a southwardly direction, 293 feet to a point in other lands now or formerly of Anna Y. Kuhn; 147 feet to a point in the old road leading from Carlisle to Gettysburg; thence in a Northeastwardly direction along the last mentioned road, 293 feet to a point in a road connecting the State Highway and the old public road to Gettysburg; thence Eastwardly along said connecting road, 36 feet, more or less, to a point, the place of BEGINNING. HAVING thereon erected a one and one-half story concrete block dwelling house with attached one car garage. BEING the same premises that ROBERT M. MAKOWSKI and JANELLE S. MAKOWSKI, his wife, by their deed dated the 27th day of August, 1984, and recorded in the Office of the Recorder of Deeds in and for Cumberland; County,, Pennsylvania, in Deed Book W, volume 30, page 127, granted and conveyed unto CRAIG M. JORDAN and CONNIE S. JORDAN, husband and wife, GRANTORS herein. PROPERTY BEING; 370 OLD STATE ROAD PARCEL# 08-38-2175-027A File #: 228517 w :; lo;'?. i 7 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. DAT AD File #: 228517 FLEG-I° _ - THE ! )I ,` hAr' r , tn: r 1 V' I_ 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 ?1%auren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 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 V. COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-1230 NICOLE M. JORDAN, IN HER CAPACITY AS ADMINISTRATRIX AND HEIR OF THE ESTATE CUMBERLAND COUNTY OF CONNIE S. JORDAN ET AL. PRAECIPE TO DROP PARTY DEFENDANT AND AFFIDAVIT OF RELEASE OF LIABILITY PURSUANT TO Pa. R.C.P. RULE 1144(b) Plaintiff, PHH MORTGAGE CORPORATION, by and through its counsel, Phelan Hallinan & Schmieg, LLP, hereby releases Ian Micah Jordan and Cortney Lea Jordan as Party Defendants in the within foreclosure action in accordance with Pa. R.C.P., Rule 1144(b), as they have executed Waivers of their rights to be named as defendants in the foreclosure action. After Plaintiff filed its Complaint on February 23, 2010, Plaintiff's counsel received Waivers by Heirs of Rights to be Named as Defendants in Foreclosure Action from Ian Micah Jordan and Cortney Lea Jordan. Said waivers are attached as Exhibit "A". & SCHMIEG, LLP Dated: 13?1n / ai ence T. Phelan, Esq., Id. No- 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sh 1 R. Shah-Jani, Esq., Id. No. 81760 ,qeK nYnine 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 Attorneys for Plaintiff Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 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 V. COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-1230 NICOLE M. JORDAN, IN HER CAPACITY AS ADMINISTRATRIX AND HEIR OF THE ESTATE CUMBERLAND COUNTY OF CONNIE S. JORDAN ET AL. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to Release defendants Ian Micah Jordan and Cortney Lea Jordan was sent via first class mail to the following on the date listed below: Cortney Lea Jordan 20 Bellaire Avenue Carlisle, PA 17013 Nicole M. Jordan 522 S. West Street Carlisle, PA 17013 Ian Micah Jordan 7526 Wertzville Road Carlisle, PA 17015 Unknown Heirs of Connie S. Jordan, Deceased 370 Old State Road Gardners, PA 17324-8938 & SCHMIEG, LLP -3 W-n Dated: By: -Vawrence T. Phelan, Esq., Id.1?0; 27 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 Shee R. Shah-Jani, Esq., Id. No. 81760 ra ne Davey, Esq., Id. No. 87077 en R. . Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff EXHIBIT "A" WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, Cortney Lea Jordan, Heir of the Estate of Connie S. Jordan, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)], hereby waive my right to be named as a defendant in a foreclosure action which may be instituted by PHH MORTGAGE CORPORATION, involving a mortgage secured on premises 370 Old State Road, Gardners, PA 17324-8938, which property was owned by decedent at the time of her death. I hereby consent to the foreclosure action, without any further notice of proceedings of Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. Date: blb htney Lea Jor , Heir the Estate f Connie S. Jordan, Deceased WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, Ian Micah Jordan, Heir of the Estate of Connie S. Jordan, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)], hereby waive my right to be named as a defendant in a foreclosure action which may be instituted by PHH MORTGAGE CORPORATION, involving a mortgage secured on premises 370 Old State Road, Gardners, PA 17324-8938, which property was owned by decedent at the time of her death. I hereby consent to the foreclosure action, without any further notice of proceedings of Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. Date: ??- Ian Micah J Of the E Connie S. Jordan, Deceased . °e Phelan Hallman &Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 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 PHH Mortgage Corporation vs. Nicole M. Jordan, in her capacity as administratrix & heir of the estate of Connie S. Jordan Unknown heirs, successors, assigns, and all persons, firms, or assocations claiming right, title or interest from or under Connie S. Jordan, deceased i ~Li 2QiQJ1L 93 ,° i~: 5~: ATTORNEYS FOR PLAINTIFF Court Of Common Pleas Civil Division Cumberland County No. 10-1230 Civil Term I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated 06/11/10 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(1) in C;»mherland iaw Inurnal on DlLL8L1Il and The Sen in .l on OF/?4/1(l. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. HALLINAN & ,S~HMIEG, LLP By: Y ~~ . Phel allinan &Schmieg, LLP Lawr nc T. Phelan, Esq., Id. No. 32227 Franc . Hallinan, Esq., Id. No. 62695 Daniel .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. 81~ 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 Attorneys for Plaintiff Date: July 12, 2010 PHS# 228517 j~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz June 18, 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. i~~ ~-- Lisa Marie Co e, Editor SWORN TO AND SUBSCRIBED before me this 18 day of June, 2010 Notary ~ NOTARIAL SEAL DEBORAH A COLLIN8 Notary Puw~ CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Explna Apr 28, 205 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTQACiE FORECL08URE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. 10-1230 Civil Term PHH Mortgage Corporation vs. Nicole M. Jordan, in her capacity as administratrix and heir of the estate of Connie S. Jordan Unknown heirs, successors, assigns, and all persons, firms, or associations claiming right, title, or interest from or under Connie S. Jordan, deceased NOTICE TO Unknown heirs, successors, as- signs and all persons, firms, or associations claiming right, title, or interest from or under Connie S. Jordan, deceased: You are hereby notified that on February 23, 2010, Plaintiff, PHH Mortgage Corporation, filed a Mort- gage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of Cumberland County Pennsylvania, docketed to No. 10-1230 Civil Term, Wherein Plaintiff seeks to foreclose on the mortgage secured on your prop- erty located at 370 Old State Road, Gardners, PA 17324 whereupon your property would be sold by the Sheriff of Cumberland County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA- TION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A RE- DUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 June 18 NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tames Kleinklaus, Director of Sales and Marketing,, of The Sentinel, of the County and. State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): Tune 11, 2010 COPY OF NOTICE OF PUBLICATION Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are tru Sworn to and subscribed before me this 0'~~. O I ~ ~~~ Notary Public My commission expires: NOTARIAL SEAL BAN191 ANN HECKENDORN Notary Public CARLISLE 80ROUGH. CUMBERLAND CNTY My Commission Expires Jan 27, 2014 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tames Kleinklaus Director of Sales and Marketing, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13~, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): Tune 11, 2010 COPY OF NOTICE OF PUBLICATION NOTICE OF ACTION IN MORTGAGE FORECLOSURE IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION- LAW PHH M ~sgage Corporation .. COURT OF COMMON PLEAS CIVIL DIVISION Nicole M. Jordan, in her capacity as administratrix and heir of the estate of Cumberland COUNTY Connie S. Jordan NO. 10-1230 Civil Term Unknown heirs, successors, assigns, _ and all perons, firms, or associations. claiming right, title, or interest from or under Connie S. Jordan, deceased ~ NOTICE TO Unknown heirs, successors, assigns, and all perons, firms, or associations claiming right, title, or interest from or under Connie S. Jordan, deceased: You are hereby notified that on 2/23 10, Plaintiff, PHH Mortgage Corporation, filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of Cumberland County. Pennsylvania, docketed to No. 10-1230 Civil Term. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property i located at 370 Old State Road, Gardners, PA 17324 whereupon yourpr6pelty would be sold by the Sheriff of ', Cumberland County. ~' You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. f , NOTICE If you wish to defend, you must enter a written appearance personally or by atto-ney and file your defenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NOTICE 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 AFFQRD 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" j REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800) 990-9108 Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are tru Sworn to and subscribed before me this ~q~ ~ ~ ~ . ~~ Notary Public My commission expires: Normal sE BAIMBI ANN HECKENDORN Notary PubNc CARLISLE BOROUGH, CUMBERLAND CNTY My Commission Expires Jan 27, 20f4 .~ Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Attorney for Plaintiff Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 /Vivek Srivastava, Esq., Id. No. 202331 ~-, o ^~ Jay B. Jones, Esq., Id. No. 86657 ~= o ~ _ Peter J. Mulcahy, Esq., Id. No. 61791 = ' ~ `~ ;-pry ~~' Andrew L. Spivack, Esq., Id. No. 84439 r ~,, R ~' ~' ~ Jaime McGuinness, Esq., Id. No. 90134 , , ~' Chrisovalante P. Fliakos, Esq., Id. No. 94620 _ _ 'a '~" - Joshua I. Goldman, Esq., Id. No. 205047 -. ~ ,__ Courtenay R. Dunn, Esq., Id. No. 206779 -a v, { Andrew C. Bramblett, Esq., Id. No. 208375 ~ ~ ` 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7004 PHH MORTGAGE CORPORATION vs. NICOLE M. JORDAN, IN HER CAPACITY AS ADMINISTRATRIX & HEIR OF THE ESTATE OF CONNIE S. JORDAN UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CONNIE S. JORDAN, DECEASED CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-1230 CIVIL TERM 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 NICOLE M. JORDAN, IN HER CAPACITY AS ADMINISTRATRIX & HEIR OF THE ESTATE OF CONNIE S. JORDAN, and UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, #I~.oo PA A'rrJ e ~q 838a~ ~.'~ aN~o58 ~o~hea, ~tc~l FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CONNIE S. JORDAN, DECEASED, 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 $100,532.91 Interest - 02/20/2010 to 07!29/2010 $1.995.20 TOTAL $102,528.11 I hereby certify that (1) the Defendants' last known addresses are 205 NOBLE BLVD- MOBILE HOME, LEMOYNE, PA 17013, and mortgaged premises located at 370 OLD STATE ROAD, GARDNERS, PA 17324-8938, and (2) that notice has bee in accordance with Rule 237.1, copy attached. Lawrenc .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: 130 to Pxs # zzsst~ PROTHONOTARY 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 161? JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION vs. NICOLE M. JORDAN, IN HER CAPACITY AS ADMINISTRATRIX & Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-1230 CIVIL TERM HEIR OF THE ESTATE OF CONNIE S. JORDAN UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CONNIE S. JORDAN, DECEASED 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 NICOLE M. JORDAN is over 18 years of age and last known addresses are 205 NOBLE BLVD-MOBILE HOME, LEMOYNE, PA 17013, and mortgaged premises located at 370 OLD STATE ROAD, GARDNERS, PA 17324-8938. (c) that Plaintiff is without information sufficient to determine whether the defendant(s) UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CONNIE S. JORDAN, DECEASED 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; and (d) that Plaintiff is without information sufficient to determine whether defendant UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CONNIE S. JORDAN, DECEASED is over 18 years of age and resides at 370 OLD STATE ROAD, GARDNERS, PA 17324-8938. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. /'~~ ~ [~ LawrenL~`I'. 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 ^ Sh al R. Shah-Jani, Esq., Id. No. 81760 ^ J ine R. Davey, Esq., Id. No. 87077 auren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. b1791 ^ 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. NICOLE M. JORDAN, IN HER COURT OF COMMON PLEAS CAPACITY AS ADMINISTRATRIX & HEIR OF THE ESTATE OF CONNIE S. CIVIL DIVISION JORDAN UNKNOWN HEIRS, SUCCESSORS, No. 10-1230 CIVIL TERM ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CONNIE S. JORDAN, DECEASED Notice is given that a Judgment in the above captioned matter has been entered against you on 8o to By: If you have any questions concerning this matter please ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sh~etal R. Shah-Jani, Esq., Id. No. 81760 ^ Je 'ine R. Davey, Esq., Id. No. 87077 ^ auren R. Tabas, Esq., Id. No. 93337 ivek Srivastava, Esq., Id. No. 202331 Jay B. 3ones, 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 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 ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA i'E PREi~lOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** PHH MORTGAGE CORPORATION COURT OF COMMON PLEAS CIVII, DIVISON Plaintiff v. NO. 10-1230 CNIL TERM NICOLE M. JORDAN, IN HER CAPACITY AS CUMBERLAND COUNTY ADMINISTRATRIX & HEIR OF THE ESTATE OF CONNIE JORDAN UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CONNIE S. JORDAN, DECEASED Defendant(s) TO: NICOLE M. JORDAN, IN HER CAPACITY AS ADMINISTRATRIX & HEIR OF THE ESTATE OF CONNIE JORDAN UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CONNIE S. JORDAN, DECEASED C/O PATRICIA R. BROWN, ESQ SALZMAN HUGHS 354 ALEXANDER SPRING ROAD, STE 1 CARISLE, PA 17015 DATE OF NOTICE: July 13, 2010 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. PHS # 228517 IMPnRTANT NnTiCF, YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717)240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 717) 249-3166 By: 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. 3ones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. b1791 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 # 228517 PHH MORTGAGE CORPORATION COURT OF COMMON PLEAS CNIL DNISON v. Plaintiff NO. 10-1230 CNIL TERM NICOLE M. JORDAN, IN HER CAPACITY AS CUMBERLAND COUNTY ADMII~IISTRATRIX & HEIR OF THE ESTATE OF CONNIE JORDAN UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CONNIE S. JORDAN, DECEASED Defendant(s) TO: NICOLE M. JORDAN, IN HER CAPACITY AS ADMINISTRATRIX & HEIR OF THE ESTATE OF CONNIE JORDAN 205 NOBLE BLVD-MOBILE HOME LEMOYNE, PA 17013 DATE OF NOTICE: July 13, 2010 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. IMPnRTANT NnTiCF. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WTTH 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. PHS # 228517 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. 1F 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 ISLE, PA 17013 ~ ~ (717) 249-3166 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 228517 PHH MORTGAGE CORPORATION COURT OF COMMON PLEAS CIVIL DIVISON v Plaintiff NO. 10-1230 CIVIL TERM NICOLE M. JORDAN, IN HER CAPACITY AS ADMINISTRATRIX & HEIR OF THE ESTATE CUMBERLAND COUNTY OF CONNIE JORDAN UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CONNIE S. JORDAN, DECEASED Defendant(s) TO: NICOLE M. JORDAN, IN HER CAPACITY AS ADMINISTRATRIX & HEIR OF THE ESTATE OF CONNIE JORDAN 370 OLD STATE ROAD GARDNERS, PA 17324-8938 DATE OF NOTICE: Jufy 13, 2010 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. YOU ARE IN DEFAULT BECAUSE YOU HAVE F_AQ.ED 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 IIVIPORTANT RIGHTS. PHS # 228517 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. 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 l1 ,~ x(717) 249-3166 By: Lawrenc~'I'. 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 228517 PHH MORTGAGE CORPORATION COURT OF COMMON PLEAS CIVIL DIVISON Plaintiff v. NO. 10-1230 CIVIL TERM NICOLE M. JORDAN, IN HER CAPACITY AS CUMBERLAND COUNTY ADMINISTRATRIX & HEIR OF THE ESTATE OF CONNIE JORDAN UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CONNIE S. JORDAN, DECEASED Defendant(s) TO: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIltMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CONNIE S. JORDAN, DECEASED 370 OLD STATE ROAD GARDNERS, PA 17324-8938 DATE OF NOTICE: July 13, 2010 THIS FIltM 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 PUREOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NnTi[:F. 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. PHS # 228517 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. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 /~~ (7~},~49-3166 By: Lawrence Z :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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 228517 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 PHH MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NICOLE M. JORDAN, IN HER CAPACITY AS ADMINISTRATRIX & HEIR OF THE ESTATE OF CONNIE S. JORDAN UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CONNIE S. JORDAN, DECEASED Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 07/30/2010 to Date of Sale ($16.85 per diem) TOTAL G *aq.ofJ PA ATE/ 1?o. i o CBF 105.30 ?? ga.OO 10.00 " W.oo " a.so $MI qO -Pa ATN # 1.00 N) e- 00 50 L1. Note: Please attach description of property. PHS # 228517 P-* a4'7710 NO. 10-1230 CIVIL TERM CUMBERLAND COUNTY $102,528.11 $ 2,224.20 ci ' T t to =? A an Hallinan & Schmieg, LV awrence T. Phelan, Esq., I No. 32227 ancis S. Hallinan, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 MMic ele M. Bradford, Esq., Id. No. 69849 J ith T. Romano, Esq., Id. No. 58745 heetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 RZ w?o 4U4"d zz? Od W F? a O al ?H O V? ? O O? U ?U H a? O W d H xa a ? W O w O? U d ?W w O G? H dd a aO 00 o° WW a a ?a A? zAO d d0 ? zw WH U ? a O Mai a ?o x ?a ? ?xy O l Q O Z ? U O U w? 00 s. Gr, o? W on W o a O ce. A 0 ¢ ? ?nw zv, 0 C7 Z A H? UW v cw ? ¢¢ ax ? ,r?W ?UF••U 0 O Uw wo G A ?QOz Z U0a? 000 L. z z c, v A 0 EQN M C? 14 [n Cl) 3 w'"z?? Z Ow C4 zc? x ?? b UAO w ° 0 a¢A Q Q l zQU a QUMC J 0 N N O N ? ? OHO "o g OMCO mNNk? n°OrMO??p•Okn ?p'o 0 COmC t_?ooQ?ZNN C3 a O O 6Z?z0'0?Nh? G p? O,Z zz?zb o 0 0%0 ozz ^4z.6 ?bb? ^ ?zzz?tzbb ?b~ W N N, W 04W e W W v j (:j' Ha y"-? y W W W W ri1 y G W W cti Q W a?i k" n 2 g >.n W cad p. ?. A esE x? o? ?m vn o p?yiP? o U 13 4 ! To- I>U?UQ s LEGAL DESCRIPTION ALL that certain tract of land situate in the Township of Dickinson, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the State Highway leading from Carlisle to Gettysburg; thence along said State Highway in a southwardly direction, 293 feet to a point in other lands now or formerly of Anna Y. Kuhn; 147 feet to a point in the old road leading from Carlisle to Gettysburg; thence in a Northeastwardly direction along the last mentioned road, 293 feet to a point in a road connecting the State Highway and the old public road to Gettysburg; thence Eastwardly along said connecting road, 36 feet, more or less, to a point, the place of BEGINNING. HAVING thereon erected a one and one-half story concrete block dwelling house with attached one car garage. TITLE TO SAID PREMISES IS VESTED IN Connie S. Jordan, by Deed from Craig M. Jordan and Connie S. Jordan, h/w, dated 12/23/1998, recorded 05/23/2003 in Book 257, Page 1035. The said Connie S. Jordan died on 0712312009. PREMISES BEING: 370 OLD STATE ROAD, GARDNERS, PA 173248938 PARCEL NO. 08-38-2175-027A Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff V. RED-O 4SEP-3 Pm 2? C WBE-R ? 10 COUNW : PENNSYLVANA NICOLE M. JORDAN, IN HER CAPACITY AS ADMINISTRATRIX & HEIR OF THE ESTATE OF CONNIE S. JORDAN UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CONNIE S. JORDAN, DECEASED Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 10-1230 CIVIL TERM : 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. Attorny for Plainfiff " Phela Hallinan & Schmieg' P D La ence T. Phelan, Esq. d. No. 32227 D Fr cis S. Hallinan, Esq., Id. No. 62695 D Daniel G. Schmieg, Esq., Id. No. 62205 D Mi ele M. Bradford, Esq., Id. No. 69849 ? J dith T. Romano, Esq., Id. No. 58745 heetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 D Lauren R. Tabas, Esq., Id. No. 93337 D Vivek Srivastava, Esq., Id. No. 202331 D Jay B. Jones, Esq., Id. No. 86657 D Peter J. Mulcahy, Esq., Id. No. 61791 D Andrew L. Spivack, Esq., Id. No. 84439 D Jaime McGuinness, Esq., Id. No. 90134 D Chrisovalante P. Fliakos, Esq., Id. No. 94620 D Joshua I. Goldman, Esq., Id. No. 205047 D Courtenay R. Dunn, Esq., Id. No. 206779 D Andrew C. Bramblett, Esq., Id. No. 208375 PHH MORTGAGE CORPORATION Plaintiff V. NICOLE M. JORDAN, IN HER CAPACITY AS ADMINISTRATRIX & HEIR OF THE ESTATE OF CONNIE S. JORDAN UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CONNIE S. JORDAN, DECEASED Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-1230 CIVIL TERM CUMBERLAND COUNTY PHS # 228517 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 370 OLD STATE ROAD, GARDNERS, PA 17324-8938. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) `-fi c t NICOLE M. JORDAN, IN HER CAPACITY AS 205 NOBLE BLVD-MOBILE HOME ADMINISTRATRIX & HEIR OF THE ESTATE LEMOYNE' PA 17013 OF CONNIE S. JORDAN ' UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, 370 OLD STATE ROAD ` 3 A y AND ALL PERSONS, FIRMS, OR GARDNERS, PA 173248938 ?p r "D ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CONNIE S. JORDAN, DECEASED 2. Name and address of Defendant(s) in the judgment: 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. N Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 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 DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM ESTATE OF CONNIE S. JORDAN C/O PATRICIA R. BROWN, ESQUIRE CRAIG M. JORDAN IAN MICAH JORDAN CORTNEY LEA JORDAN 370 OLD STATE ROAD GARDNERS, PA 17324-8938 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 SQUARE DEPT. 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 254 ALEXANDER SPRING ROAD, STE. i CARLISLE, PA 17015 35 CARAVAN COURT MIDDLETOWN, PA 17057 7526 WERTZVILLE ROAD CARLISLE, PA 17015 20 BELLAIRE AVENUE CARLISLE, PA 17013 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 se statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsificati n t authorities. 1 1 August 31, 2010 By: U 1A LZ 1k&J`?) Phelan allinan & Schmieg, LfP ? La nce T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? M' hele M. Bradford, Esq., Id. No. 69849 ? J dith T. Romano, Esq., Id. No. 58745 heetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 4 MI .T-.T Xf%1Yr97 A n V PSi.Tl T1l!T .7M v? rA7 wT • ••T.' rn t11 .' -'r P « ? C Plaintiff : CIVIL DIVISION VS. NICOLE M. JORDAN, IN HER CAPACITY AS NO. 10-1230 CIVIL TERM ADMINISTRATRIX & HEIR OF THE ESTATE OF CONNIE S. JORDAN CUMBERLAND COUNTY UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CONNIE S. JORDAN, DECEASED Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: NICOLE M. JORDAN, IN HER CAPACITY AS ADMINISTRATRIX & HEIR OF THE ESTATE OF CONNIE S. JORDAN 205 NOBLE BLVD LEMOYNE, PA 17013 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CONNIE S. JORDAN, DECEASED 370 OLD STATE ROAD GARDNERS, PA 17324-8938 "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 370 OLD STATE ROAD, GARDNERS, PA 17324-8938 is scheduled to be sold at the Sheriff s Sale on 12/08/2010 at 10:00 AM in the Cumberland County Courthouse, S th IbnoQr Street, Carlisle, PA 17013 to enforce the court judgment of $102,528.11 obtained by PHH MO A :- CORPORATION (the mortgagee) against you. In the event the sale is continued, an announc t w-l be"'? made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS c rrn 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 TV . V in R ! T R 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 IL LEGAL DESCRIPTION 4 t „t certain tract of land situate in the Township of Dickinson, County of Cumberland and +`4 insylvania, bounded and described as follows, to wit: { . " N at a point in the State Highway leading from Carlisle to Gettysburg; thence along 1hway in a southwardly direction, 293 feet to a point in other lands now or formerly z +. hn; 147 feet to a point in the old road leading from Carlisle to Gettysburg; thence :;a' wardly direction along the last mentioned road, 293 feet to a point in a road State Highway and the old public road to Gettysburg; thence Eastwardly along road, 36 feet, more or less, to a point, the place of BEGINNING. ;};±n erected a one and one-half story concrete block dwelling house with attached iD PREMISES IS VESTED IN Connie S. Jordan, by Deed from Craig M. Jordan Jordan, h/w, dated 12/23/1998, recorded 05/23/2003 in Book 257, Page 1035. S. Jordan died on 0712312009. t t ! NG: 370 OLD STATE ROAD, GARDNERS, PA 17324-8938 . , i_ h-38-2175-027A WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-1230 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION Plaintiff (s) From NICOLE M. JORDAN, in her capacity as Administratrix & Heir of THE ESTATE OF CONNIE S. JORDAN UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CONNIE S. JORDAN, Deceased (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 $102,528.11 L.L. $.50 Interest from 7/30/10 to Date of Sale ($16.85 per diem) -- $2,224.20 Atty's Comm % Due Prothy $2.00 Atty Paid $377.90 Other Costs Plaintiff Paid Date: 9/3/10 l id D. Buell, Proth notary (Seat) By: REQUESTING PARTY: Name: JENINE R. DAVEY, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 HK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Deputy Supreme Court ID No. 87077 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 Boulevazd, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff v. NICOLE M. JORDAN IN HER CAPACITY AS ADMINISTRATRIX OF THE ESTATE OF CONNIE S. JORDAN IAN MICAH JORDAN, IN HIS CAPACITY AS HEIR OF THE ESTATE OF CONNIE S. JORDAN CORTNEY LEA JORDAN, IN HER CAPACITY AS HEIR OF THE ESTATE OF CONNIE S. JORDAN UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CONNIE S. JORDAN, DECEASED Defendants ATTORNEY FOR PLAINTIFF ,-, C"a } -- ~;- c_„ ~ r~ -~ i ~~ c-; ~ ~ ~, --,. :~~, Court of Common Pleas Civil Division CUMBERLAND County No.: 10-1230 CIVIL TERM PLAINTIFF'S MOTION TO REASSESS DAMAGES 228517 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 February 23, 2010, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit «A~, 2. Judgment was entered on July 30, 2010 in the amount of $102,528.11. 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 dollaz 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. S. 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 $12.47 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 SuspenseJMisc. Credits $95,795.85 $6,918.95 $244.98 $1,325.00 $1,750.40 $0.00 $0.00 $0.00 $0.00 $0.00 ($0.00) 228517 Escrow Deficit $2.00 TOTAL $106,037.18 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. 228517 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: 1'Q~ 17~LQ By: U L~vrence 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 228517 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. NICOLE M. JORDAN IN HER CAPACITY AS ADMINISTRATRIX OF THE ESTATE OF CONNIE S. JORDAN IAN MICAH JORDAN, IN HIS CAPACITY AS HEIR OF THE ESTATE OF CONNIE S. JORDAN CORTNEY LEA JORDAN, IN HER CAPACITY AS HEIR OF THE ESTATE OF CONNIE S. JORDAN UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CONNIE S. JORDAN, DECEASED Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-1230 CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 228517 I. BACKGROUND OF CASE CONNIE S. JORDAN executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazazd insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiff s Note was secured by a Mortgage on the Property located at 370 OLD STATE ROAD, GARDNERS, PA 17324-8938. 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 Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The 228517 Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mort aag~ e Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Moran Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsbur 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 Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors 228517 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 Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollaz amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriff s Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. 228517 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 chazge 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 (1$65); 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. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee often percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Momsville 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. 228517 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff s sale date, as their interests will be divested by the Sheriff s sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from 228517 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. 228517 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: 1.~ II '~ ~ (~O By~ ~~:G~~' 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 228517 Exhibit "A" 228517 Phelan Hallman 8i 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 58749 Id N :':.~: ' ` •• ;.. ~ .. ` . ~ • .~~~'~~~~ o. . Judith T. Romano, Esq., r . ~ ~~~ ~~~~~~~~~l~~Y Sheetal R Shah•Jani, Esq., Id. No. 81760 Jenine R Davey, Esq., Id No. 87077 Lauren R Tabas, Esq., Id. No. 43337 • 2~ (~ F~~ z~ ~~ ~~; Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 C~~~~~~,` J~", J ~~ ~t~~~,~, Peter J. Mulcahy, Esq., id. No. 61791 , , F'E,`~~ESI ~ ~~~~t Andrew L. Spivack, Esq., Id. No. 84439 - Jaime McGuinness, Esq., [d. No. 90134 Chrisovalante P. Ftiakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Couitenay R. Dunn, Esq., Id. No. 206774 Andrew C. Bramblett, Esq., Id. No. 208375 1617 rFK•Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 _ _ - 228517 PHH MORTGAGE CORPORATION 2001 BISHOP'S GATE BLVD MOUNT LAUREL, Nr 08054 ATTORNEY POR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION r ti Plaintiff v. .~. ~,.,. TERM \ MCOLE M. JORDAN. IN HER CAPACITY. _ ~ ''~ .' ~' . ri~;::.'~t<.y-~ NO. ~Q •- I eZ.3 V ~ V ~ `~~ AS ADMINSTRATRIX 8c HEIIt OF THE ESTATE OF CONNIE S. JORDAN CUMBERLAND COUNTY 522 SOUTH WEST STREET CARLISLE, PA 17013 IAN MICAH JORDAN, IN HIS CAPCITY AS H);ltR OP THE ESTATE OF CONNIE S. rORDAN 7526 WERTZVILLE ROAD CARLISLE, PA 17015 CORTNEY LEA IORDAN, IN HER CAPACITY AS HEIR OF THE ESTATE OF CONNIE S. JORDAN 20 BELLAIItE AVE CARLISLE, PA 17013 UNxlvowN HEIRS, svccESSaRS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TfTI.F. OR INTEREST FROM OR UNDER CONNIE S. JORDAN, DECEASED 370 OLD STATE ROAD GARDNERS, PA 17324-$938 Defendants ,.,r ~~~ ~~~ ~: ~'C~~~~F aF~~~q~ ~ ~.~p.. r We hereby osrt~fy the . w+thin to be a t>~®an~ correct copy, of the ' ~ origins) filed of record -~ File ~: 228517 xoTYC~ 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 tlie;~cTaims 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 Iose 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'~A'T~~A REDUCED FEE ~OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800)990-9108 .i~ "~.,:~ . ,. Filcq: 228517 ( ~i~. ;. i'il.i:~': .; 1. Plaintiffis . ~ ~~ PHH MORTGAGE CORPOR:~TIQ~1~,-'.y`~~i °".: .. . 2001 BISHOP'S GATE BLVD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: NICOLE M. JORDAN, IN HER CAPACITY AS ADMMSTRATRIX 8c HEIR OF THE ESTATE OF CONtJIE S. JORDAN 522 SOUTH WEST STREET CARLISLE, PA 17013 IAN MICAH JORDAN, IN HIS CAPCITY AS HEIR OF THE ESTATE OF coNNIE s. JORDAN 7526 WERTZViLLE ROAD CARLISLE, PA 17015 CORTNEY LEA JORDAN, iN HER CAPACITY AS HEIR OF THE ESTATE OF CONNIE S. JORDAN 20 BELLAIRE AVE CARLISLE, PA 17013 . UNKNOWN HEIRS, SUCCESSORS, ; ~'• ' ~' ' ` ~ ``:'~: ':' ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CONNiE S. JORDAN, DECEASED 370 OLD STATE ROAD t3ARDNERS, PA 17324-8938 who is the real owner(s) of the property hereinafter described. 3. On 07/19/2007 mortgagor(s) CONNIE S. JORDAN made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR CORNERSTONE FEDERAL CREDIT UNION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 2000, Page 4167. :~ The PLAINTIFF is now the legal owner of ttie 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. Fiie #: 228517 I019(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 07/01/2009 and each mtanfkt t~er~after are due and unpaid, and by the terms of said mortgage, upon failure of mortgago~:~o 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. 6. The.following amounts are due on the mortgage: Principal Balance $95,79S.8S Interest $3,292.08 46/01/2009 through 02/ 19/2410 (Per Diem $12.47) Attorney's Fees $650.00 Cumulative Late Charges $244.98 07/19/2007 to 02%19/2010 Costs of Suit and Title Search . SSO QQ subtotal $100,532.91 Escrow ~ .., Credit .:~,; =: ' $0.00 G Deficit . ' .: `:.:, .:~ : ~ $0.00 Subtotal ~ ~Q,Qfi TOTAL $ l OO,S32.91 7. Plaintiff is not seeking a judgment of personal liability (or an in IlersQnam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a sepazate 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. ;. .... Filo N: 228517 ' 8. Notice of Intention to Foreclose pursuant: tQ-Aet 6 of 1974 is not required because the defendants are not a "Residential Mortgage Debtors" as defined by the Act, having failed to provide Plaintiffnotice of its acquisition of title. 9. Phis action does not come under Act 91 of 1983 because the mortgaged premises is not owner-occupied. 10. Mortgagor CONNIE S. JORDAN died on 7/23/09, and NICOLE M. JORDAN was appointed Administratrix of her estate. Letters of Adminisoration were granted to her on 8/28/09 by the Register of Wills of Cumberland County, No. 21-09-0813. Decedent's surviving heirs at law and next-~f-kin are NICOLE M. JORDAN, IAN MICAH JORDAN, and CORTNEY LEA JORDAhT.~ ' _ '.~.'~ ~ ~; ~~ :~.:. :.. 11. Plaintiff does not hold the named Defendants, NICOLE M. JORDAN, IAN MICAH JORDAN, and CORTNEY LEA JORDAN, personally liable on this cause of action. This action is being brought to foreclose the interest of the said Defendants in the aforesaid real estate only, and the Defendants have been named in accordance with the requirements of Pa R.C.P. 1144(a)(2) and 20 Pa.C.S.A. § 301(b). ;~ . Fs~ u: z2ssn WHEREFORE, Plaintiffdemands an in rena judgment against the Defendant(s) in the sum of $100,532.91, together with interest from 02/19/2010 at the rate of $12.47 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged,pxogerty..: '.~ & SCHMIEG, LLP By:~ ~ a nee T. Phelan, Es ., Id. No. 32227 a cis S. Hallman, E ., Id. No. 62695 aniel G. Schmieg, E ., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ J 'th T. Romano, Esq., Id. No. 58745 heetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 6 i 791 ^ Andrew L. Spivack, Esq., Id. Nv. 84439 Jaime McGuinness, Esq., Id. No. 90134 ~., ~ i,Q, Cl~'i~ovalante P. Fliakos, Esq., Id. No. 94620. `~~ ~::Jvshua I~. ~Groldman, Esq., Id. No. 205047 ~'u~et~~tR. Bunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff ..t,a .} :~. ~ .. File q: 228517 LEGAL DESCRIP'Y'ION ALL that certain tract of land situate in the Township of Dickinson, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the State Highway leading from Carlisle to Gettysburg; thence along said State Highway in a southwardly direction, 293 feet to a point in other lands now or formerly of Anna Y. Kuhn; 147 feet to a point in the• old rolld,leading from Carlisle to Gettysburg; thence in a Nartheastwardiy direction along the iast~n.~atroned road, 293 feet to a point in a road connecting the State Highway and the old public road to Gettysburg; thence Eastwardly along said connecting road, 3b feet, mare or less, to a point, the place of BEGINNING. HAVING thereon erected a one and one-half story concrete block dwelling house with attached one car garage. BEING the same premises that ROBERT M. MAKOWSKI and JANELLE S.. MAKOWSKI, his wife, by their deed dated the 27th day of August, 19$4, and recorded in the Office of the Recorder of Deeds in and for Cumber~~xd~Coi~nty,:Pennsylvania, in Deed Book W, volume 30, page 127, granted and conveyed unto CRAIG lvl: ~bR17AN and CONNIE S. JORDAN, husband and wife, GRANTORS herein. PROPERTY BEING; 370 OLD STATE ROAD PARCEL# OS-38-2175-027A File #: 228517 . ,.:. VERIFICATION lnAr~ 'T ~ ~n1%~e _ hereby states that he/she is V 1 ~ n t`e.S l~ ~` 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. 49U4 relating to unswom falsification to authorities. Name: Ma~rG ~" ~rlklp DATE: m ~rCln 3 2 01() Title: v~ ~ ~ ~S 1 c,.~ /~' Company: PHH MORTGAGE CORPORATION FileN: 228517 Jordan 3 Exhibit "B" -- 228517 Phelan Hallman & Schmieg, LLP By: 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. 2 3°1~~Yg;.~;j+, Ja B. Jones Es ., °° `~ - ' y q Id. No. 865 Peter J. Mulcahy, Esq., Id. Nil1 ~~ ;~ .~q ~ `'" ~`~'~ ~~~ . Andrew L. Spivack, Esq., ld. No. 844 :~ Jaime McGuinness, Es ., Id. No. 90134 ~~ j""~+~^~•:;~'~~ q 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 161? JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION vs. Attorney for Plaintiff c-~ r- `;,. :..~ CUMBERLAND COUNTY COURT OF COMMON PLEAS NICOLE M. JORDAN, IN HER ~.. CIVIL DIVISION F= ~ ~~ CAPACITY AS ADMINISTRATRIX X" ' '~ ~"` ~~~~~ > '~ HEIR OF THE ESTATE OF CONNIE S: t,~~~3~''0.~~;~IL TERM JORDAN UNKNOWN HEIR ~" ~, { ~~ e~ ' S, SUCCESSORS, . •,; " ASSIGNS, AND ALL PERSONS, FIRMS , OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CONNIE S. JORDAN, DECEASED 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 NICOLE M. JORDAN, IN HER CAPACITY AS ADMINISTRATRIX & HEIR OF THE ESTATE OF CONNIE S. JORDAN, and UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, 'n --1 ~~,= r, ;~ ~a~~~~ FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CONNIE S. JORDAN, DECEASED, 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 $100,532.91 Interest - 02/20/2010 to 07/29/2010 $1,995.20 TOTAL $102,528.11 I hereby certify that (1) the Defendants' last known addresses are 205 NOBLE BLVD- MOBILE HOME, LEMOYNE, PA 17013, and mortgaged premises located at 370 OLD STATE ROAD, GARDNERS, PA ]7324-8938,.and (2) that notice has bee in accordance with Rule 237.1, copy attached. Lawrenc .Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. 5chmieg, 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: _~rlg° PHS ~ 228519 PROTHONOTAR ~i Exhibit "C" _~ 228517 £ 0 4 6 4 3U0~ dIZ W021~ 0311~iW 0402 _9010) 99ZitZb000 o9Z 4Q $ w4 z o scene e3ru~a ® C .~ ~~ J ~~ ~~Sbd ~1,~y6 aF'~ , F A W A d ~ ~ o ["" ~w4 M Q ~ ~ ~ ~ ~"~ A d MHO ~ a O ~ M W a ~ w~A ~ ~ ~~~ ~~~ U ~ "'' U S C W ~ V A o ~ xzd ~ a ~ zo a~ b F oFo a ~ W ~ ~ ti w ~ ~ 3 zOw x`n V1 ~ ~QZo~c `v"~~ ~ ~ zO~M ~, a~ ~o ~" ~ OaW a ~~ ~ ~ o ~~~ ~a d ~ ~vio4~A d ~~ c ~ ~vO~Oa. ,..aa ~ ~ U, Wad Wx~~ z z zawt~ r,, a ~ ~ z a> N N v N .Q a a d b ~ y C y ~ ~+ N z4G `' M O .~ a W z O Gzl a x a Fo A ~a as W a O z 0 d O ti w O Z r N N x ~a To ~~ .., C y U ~., y d ~ ~~, y~CC~ P UC~° N'C ~ P y~ O H . ~ ~ 'v~-y w .o d ~ 0 0 d F a, .S i ~°'~c a o `~ ~ ~" .~ _~°~~ ~~~ v C ~ .U. b ~ 7 6 ~ LS1 % r y ~ E w O 7 .C ~ e+ ~ Y1 k-'vi R e'2 y ~ ~ ~ p 7 d .~ V d w ,~ Opp '3m`~a. ~ ~ O ~a~a.~ w~o$~q~ ywcE.a og ~w p~ L ~ ... p ~ O ~ C` o~~b ._~~_~~~ V ~ t0 M b o v ^ ~ c .. rn ~~~ 0 ~ ~A~~ s HwtY, .s 0 ~~ ~T a°w y( U ~i ~a z~ ~~ Hx '-. cn I~t ,~ I~ ~r` Ioo ;a~ ,p I^" I~ I.-. I.-. Ivy v O T m .~ z ~' ~~ H a. N N N PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP October 6, 2010 NICOLE M. JORDAN 522 S. WEST STREET CARLISLE, PA 17013 Representing Lenders in Pennsylvania and New Jersey UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CONNIE S. JORDAN, DECEASED 370 OLD STATE ROAD GARDNERS, PA 17324-8938 RE: PHH MORTGAGE CORPORATION v. NICOLE M. JORDAN and UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CONNIE S. JORDAN, DECEASED Premises Address: 370 OLD STATE ROAD GARDNERS, PA 17324 CUMBERLAND County CCP, No. 10-1230 CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Locai 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 ] 1, 2010. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Shee R. Shah-Jani, Esquire J ne R. Davey, Esquire auren 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 Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of l8 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: ~p ~tx ~t7 By: ~wience 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 f ~ Courtenay R. Dunn, Esq., Id. No. 206779 ~^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 228517 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 3oshua 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. NICOLE M. JORDAN IN HER CAPACITY AS ADMINISTRATRIX OF THE ESTATE OF CONNIE S. JORDAN IAN MICAH JORDAN, IN HIS CAPACITY AS HEIR OF THE ESTATE OF CONNIE S. JORDAN CORTNEY LEA JORDAN, IN HER CAPACITY AS HEIR OF THE ESTATE OF CONNIE S. JORDAN UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CONNIE S. JORDAN, DECEASED Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County : No.: 10-1230 CIVIL TERM 228517 CERTIFICATION OF SERVICE 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. NICOLE M. JORDAN NICOLE M. JORDAN 522 S. WEST STREET UNKNOWN HEIRS, SUCCESSORS, CARLISLE, PA 17013 ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE NICOLE M. JORDAN OR INTEREST FROM OR UNDER CONNIE 205 NOBLE BLVD-MOBILE HOME S. JORDAN, DECEASED LEMOYNE, PA 17013 370 OLD STATE ROAD GARDNERS, PA 17324-8938 Phelan Hallinan & Schmieg, LLP DATE: ? ©l C ~ I ('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 j[] Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 228517 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP October 13, 2010 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Squaze Carlisle, PA 17013 Representing Lenders in Pennsylvania and New Jersey RE: PHH MORTGAGE CORPORATION v. NICOLE M. JORDAN and UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CONNIE S. 3ORDAN, DECEASED CUMBERLAND County CCP, No. 10-1230 CIVIL TERM Dear Sir or Madam: Enclosed for filing please fmd Motion to Reassess Damages, Brief in Support thereof, and Certification of Service with regazd 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, ce 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 228517 Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquires Andrew C. Bramblett, Esquire Enclosure cc: NICOLE M. JORDAN UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CONNIE S. JORDAN, DECEASED 228517 f (- AFFIDAVIT OFSERVICE (FHLMC} PLAINTIFF CUMBERLAND COUNTY PHIi MORTGAGE CORPORATION PHS # 228517 DEFENDANT SERVICE TEAM/ Iac NICOLE M. JORDAN COURT NO.: 10.1230 CIVIL TER1~1 UNKNOWN HEIRS, SUCCF,SSORS, ASSIGNS, AND ALL PERSONS, FHtMS, OR ASSOC1AT10NS CLAIMING RIGHT, TITLE OR INTEREST FKOM OR UNDER CONNIE S. JORDAN, DP:CEASED SERVE NICOLE M. JORDAN AT: TYPE OF A(,"I'ION 370 OLD STATE ROAD XX Notlce ui 5herlif`s Sale GARDNERS, PA 17324-8938 SALE DATE: 12!08/2010 SERVED Served and made known to NICOLE M. JORDAN , Defendan on the ~'~ay of JEPTFA18~0 IU, at ~, o'clock ~ M., at 5;~, S. W EST ST.)~gld_~~~n the manner described below: ~[ Defendant personally served. _ Adult fanJily member with whom Defendant(s) reside{s). Relationship is -Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendants} reside(s). Agent or person in charge of Defendant's office or usual place of business. __ an officer of said Defendant's company. Description: Age 3~: Height S ~.5 ~~ Weight ~ 60 Race w Sex F Other I, T2t>w~,,.>D Md u, 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. ,~ J ~-, IS ~i~l;'lV? . I ~ V~F'STt6~ t~N ~ 1$~C.b31~~D Sworn to and subscribed t~ D~~ per? ~~' ~~S ~ 512 S. hlLST s? , before me this ~ day ?// n L~1 ~~ ~ ~ /~ ' ~ n of Q '~(7 Y~.1~~/ ;it-- Y (i `'rR.'~~C `i~JQ.uS~L E T Not ~ NOT SERVED C On the of _, 20~, at _ o clock _. M., Defendant NOT FOUND because: -Q~ _ ant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) ~~ _ No Answer on at at _ Service Refused Other: Swarn to and subscribed before me this day of ~~ By: Notary: KIMB'~RLY CORTY NOTARY PUBLIC STATE OF N£W JERSEY MY COMMISSION EXPIRES MARCH 7, 2013 ATTOR'YEY FOR PLALNTIFF Lwte,a?. Phdo, Ee9, 3a. Nu.32227 lYande S Naliur, F1q., id. Na 62495 I/a,ad G. Schodeg, £aq., id. No. 62205 M41lde hL Bsadtad, Raq., ld. No. (9849 Judith, T. Raioum, H•AI. ld. No.58745 Shwa! R Shah-Jmi, Fal., Id Nu 8!7611 Jenhv R 1)oveR Ewt., Id. Na 87071 I.aurea R. Tabus, Fsq„ Id Na.93337 Virek Srivastava, Faq., Id. Na 202331 Jqv H. Jasxa, Fwq., Id. Nia. 86657 Pia. Malo~-y, Fem., m. Nu 63793 Andmv L Spivack, Fsq, Id. Na 84439 Ja~4 McBWUaas, Este, td. Nu 98!34 t'hvWuwWau V. Fkuhua &q„ W. No. 946111 Jluhau 1. L'eldttutb bap, W. N9.21~k1! Cwirttnay tL pnnu, F~q, 1~: Na, 286779 Apnad~re++ G Hratobkit, F~q. W, Na 208375 !f}7~CPrnKtariSuD SIWhn !f! enoaly Blvd., 3uYe 1400 , PA 39103-1814 (215) 56}7YB0 2~ 21..,, tn~ r~-z A~ Z~ O n~ z "~ e~.a s= 0 E3 t'7 -i ~w 4~ G7 --fi ~ •n ~r ~~ 0~1 "' f0 ~~ O~ Z --- C3 ~ ---+~, co PHH MORTGAGE CORPORATION PLAINTIFF V. NICOLE M. JORDAN, UNKNOWN HEIRS, SUCGESSORS, ASSIGNS, AND ALL PERSONS, FIRMS: OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CONNNIE S. JORDAN, DECEASED, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ;~ c oN Q ~''~ r~*t~ C =t ~ r" Z - ~ r 1 ~ n c ~?> w ~ o C~ A ~~ ~' n 3 ~, , T>C ~ ~ ~~ --~ NO. 10-1230 CIVIL '~ ~ c3o D ~ 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 ~le M. Jordan, etc. Defendants bas ~~E~ I'Yl~ f !VU t 4 ~~d `~ l~ M. L. Ebert, Jr., J. Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmie , Esy ., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esg., Id. No. 58745 Sheetal R. Shah-Jani, Esg. Id. No. 81760 Jenine R. Davey, Esq., Id Flo. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq. Id. No. 202331 Jay B. Jones, Esq. Id. Flo. 86657 Peter J. Mulcahy, esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGumnessx 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 Philadelphi PA 19103 215-563-700 Ff LEf~r^-CFF !~j'~F ~F T~~~ ~~U~E..~tl4,~lr i,+~~j ,. PHH MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, NO. 10-1230 CIVIL TERM AND ALL PERSONS, FIRMS, OR . ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER CONNIE S. JORDAN, DECEASED Defendants VERIFICATION OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail. and certified mail, return receipt requested, to UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE, OR INTEREST FROM OR UNDER CONNIE S. JORDAN, DECEASED on SEPTEMBER 10, 2010 in accordance with the Order of Court dated MAY 19, 2010. The property was posted on OCTOBER 2, 2010. Publication was advertised in THE SENTINEL on OCTOBER 2, 2010 & in CUMBERLAND LAW JOURNAL on OCTOBER 8, 2010. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. 4904 relating to the unsworn falsification to authorities. ~1 Dated: October ~ 2010 PHELAN HALLINAN & SCHMIEG, LLP %~'`~ v ~/ Bywrence T. P ie an, Francis S. Hallinan, F Daniel G. Schmie , E Michele M. Bradford, Judith T. Romano, Es Sheetal R. Shah-Jani, Jenine R. Davey, Esq Lauren R. Tabas, Esq Vivek Srivastava, Esc Jay B. Jones Esquire Andrew L. S~nivack. I Joshua I. Goldman Courtenayy R. Dunn, Andrew C. Bramble Attorneys for Plain Id. No. 84439 ako"s, Esquire Esquire 's ., Id No. 206779 Esq., Id No. 208375 !~F THE P~; ~ ~-;~?`~Tr't~Y 201~~~Y 19 A~1 iL~ 48 CU~~~F~.~•~~ ~:~~ P~N3'va11..V"~~!A ~ MAY.1 ~ 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION COURT OF COMMON PLEAS CIVIL DIVISION v. NO.10-1230 CIVIL TERM NICOLE M. JORDAN, IN HER CAPACITY AS ADMIl~iISTRATRIX 8c HEIR OF THE CUMBERLAND COUNTY ESTATE OF CONNIE S. JORDAN ET AL. - ORDER AND NOW, this 1 q day of ~ 0.Y , 2010, upon consideration of Plaintiffs Motion far Service Pursuant to Special Order of court, it is hereby; - ORDERED that Plaintiff may obtain service of the Complaint, and all future pleadings, on the above captioned Defendants, UNKNOWN HEIRS, SUCCP,SSORS, ASSIGNS AND ALL PERSONS, FIItMS OR ASSOCIATIONS CI.AIlVIING RIGHT, TITLE OR INTEREST FROM OR UNDER CONNIE S. JORDAN, DECEASED, by publication of the complaint in accordance with Pa.RC.P. 430(bxl), and by mailing a true and correct copy of the complaint by Certified mail and Regular mail and by posting the mortgaged prenuses 370 OLD STATE ROAD, GARDNERS, PA 173248938. d`' ~' ;: ~.. ~. t~. • . ., •. i. ~.` i I i ~. '.. .. ~• i ._ ' ~ ~~g axe ~"' t° ~ ~ eve uF of S~ - .~ ,: dane~ plain~~ a . ~` ;:. r~ B~ "~ CQ~T~ . -~ ~'} ~l: ~~ . i ~_ ~~ '~ { ~i . i ~. ~. ~ 5 ^^u a ,~R . ~P i ~ ..2 `y*Yrtp++it'4r' '~+A~?.£F ' u~..... r as ~ S."iiFe~iai'R~+• ..u.w.-., ~ ~s+t?'pr, a t}~~?5~4.'pV~~ aie' f^sM^ yiGQ ...~ ~e+;;~~ r'2'x~a,.' 'aS~+F ~t5~,~".Aq`r.~' .....ru~.w...+k~.~.,aw+ ~" h'..'isk ,s' :~+°` ?,~ * * : i~+' ~'k' i 3r 7F 7~ .~+f++~ ~C 1r~~ )e•~ . . ~^~ . .. ~. . w .. C ,a ~ fi ",d a' ~ w tr~~ b Cg.. d '' .W_ ~ hd C ~* ~d "d ~ n ~ a ~ ,•a.~J .e ~ G1 . •~ w ~O+ x o C ~ ~ ~ O O ~, 1 77 A'~ ~ Y O YC=1~ ~ ,~. ' ~o -~~ alb ~~ ~ y Z ~ y ~ ~ ~ ~ a e ~~~ O v o Q ro ~ -r ~ ~ d ~ Y A ~ ... y , r a. a ~~ ~ ~° ~ . ~~ w ~ ~ e~~ ~ 0 ~a~ ~' ~' ~ ~ . c Q ~~ ~ u~ N N N Pw ~, ~. ~ ~~ ~9~n ~ ~' 8 - d . c, l ~...~ ~~ s ~ -~ g~~ ~ 9 ~ ~ ~ 02 1M ~ VJ.V~~ , ~ 0004277256 SEP 10 2010 . ~' ~ MAIIED FROM Z~ CODE 1910 3 ~ w ' ~' ~ ~. ~p$ ~ t o C p N n . C. r a s .x;,F~2fis ,.,i. b ' ~ ~~ ~ 9~ ~~ ~ ~o : n i W ~ C $r ~~ b J b J n N ',~ AFFIDAVIT OF SEItV1CS (FHI,MC) ~ CUMBERLAND COIJN'I"Y PNH MORTGAGE CORPORATION PILS 622851? DEFENDANT 4El~ViCE TEAINJ logs N1COIi b1. JORDAN COURT N0.:19-1239 CIVii. TERM UNIINOWN $EIBS, SIIC, ASSIGNS, AND ALL PER3OTIS, > OR ASSOCIATH>~NLS CLAIIMIIOG R1GHT, TI'ILB OR IIPfERffiT FILM Olt UNDER CONIl'IlE S. JORDAN, DECEASED SERVE UNKNOyYN 815. StICC135SORS. ASSIGNS, AND ALL TYrS OF At:17ON p~NiS, FDFtNS, OR A,~9O(,9ATR'M~TS (~G RiGIiT, %X NaDoe d S6ez~'a Sale TlPLB UR >:i7gR8ST F1LOl1I OR UrID1H"tR CONNIE S. JOltI1AN, SALE DATE: i7Aii2i10 D$(~AS® AT: 379 OIBSTATE ROAD C,ARD916RS, PA 17324.1f38 •*~P1'SAS'81'ObT )•1:.RFRQdUR1' QRDER"' fired ~d tttids ka to .~~'~`^~ ~ I~ a 4I ~~aiewg A+~a__*rs~ta ,~*m ~ y11Q-St~5 1 ~ - -~ DAD . Defer oa the Md. of ?t>0 ~ ZO ~ o . at 3:f3, o'clodc,~- M., >ft ?o ~ ffi the destxibod below: Defatdant p~nany aecvod. tl N~p.s ,~~ _ Aduk fsuuly nau~ with wlxim Defendant(s) nos). Adult itt charec of Defendant's residence who iefuscd w givc name or tet~iamslup. _ MmutSerK.7at of ptaoe of iodg>eg is which Defendant(s) nside(s)- _ Agent or peasott in charge of Defvtda~'s office or usual place of business" an olFiicer of said Defe's oompsny- Iz Othcr ~O ST'ED D~;p~: Agee Height weigh Rase Sex other I, n-O7V~l-[.D_ ~ l•t. a c0et 9~ boir~ dull' Swwn a~o~iag co Iaw, dcpoae aad afRe tlfat I peraaaafi~r A~S7~D l~ a tote ~lnd e>opy d thu NuNae of SharLl~ Sala In the t ~ tbt tcldl t~t+t>itt. lestled ~ the apdoned case on the date and ~ the address indicated above. Sworn to and suba<a'ibed _ _ " " before me tl~s ac~c ~y " . - ~IG}MBERLY CUR'TY -- . of deT .2(11.4 %~ 1/~'""'.l "NOTARY PUBLIC N y. G STATE OF 1~fEW JERSEY NOT SP.BYID MY CCtMMISSION EXPIRES MARCH 7, 2013 On . 2fi_, at _ o'clock _ M., Defendam NOT . _ goes Not E~cist _ Moved `Does Not Reside (Not Vacant) _ No Ansvvrr ua st ~ _ Service Refused Other: Swath to atd sobaaibed befae me this day of ~` By: i.~..... s. t+a. ti t ~. w. rw, x ar z,..ss. a.i.., cert. ae rc. a~s aasaa.4,a.~„~.ar~s aa~ds E!. a.~rrnt a~., ~. r.. esw J~T.~~~lq.fLlYal1{S S~ii~Bw.li.liaanM luYcE. ~R7, ~F. iL 1VaifRT las LYYi~~9+iL liwl7di7 YLaks+t~, a..lil~lw2®J ly a.J~sEY9, iit4lYil7 AtrlWely,Ba},liNaflA1 AiMa 4~inei, tiY+liN~t031f HLeal~a~.1i11-'anll O1~iwnY~le! ~a,.,it PM.l1flf l~oi~4y.li aw aaM CrN~yr a. L1rS8y. Y ~ lIC7» ~Clra~YaL~ti~7lAS K~F1J F. ~i/aMi.9~li PlideyJy, PA M1Q-!MO RA~lOd~ ~~ PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland ', Y ~, y .~~ s :~ .:~ ,~ :a fames Kleinklaus Director of Sales and Marketing, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13,1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): October 2, 2010 COPY OF NOTICE OF PUBLICATION =4`w ~ zy _ ; .Affiant further deposes that helshe is not ~.~' interested in the subject matter of the ~~ aforesaid notice or advertisement, and that ~ r all allegations in the foregoing statement as ` `~' ~ ~~ ~ to time, place and character of publication F are true. ~~_ Sworn to and subscribed before me this ~~ ao o. ~ ~ ~~ Notary Public My commission expires: NOTARIAL SEAL BAMBI ANN HECKENOORN Notary Public CARLIBLE BOROUGH, CUMBEALANO CNTY My Commission Expires Jan 27, 2014 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929}, P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz October 8, 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. ~~ isa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 8 day of October, 2010 Notary NOTM{AL aHll oeeoww ~ coua~ Noary- Public RLISIE BQROU4H. CUUASERLMID COINITIf My Conun~tlos Expitt~ Apr 28.2p14 CUMBERLAND LAW JOURNAL IiOTICE OF SHERIFF'8 SALE In the Court of Common Pleas of Cumberland County, Pennsylvania NO. 10-1230 CIVIL TERM PHH MORTGAGE CORPORATION va. NICOLE M. JORDAN 8s UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CONNIE S. JORDAN, DECEASED NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR AS- SOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CONNIE S. JORDAN, DECEASED Being Premises: 370 OLD STATE ROAD, GARDNERS, PA 17324- 8938. Being in DICKINSON Township, County of CUMBERLAND, Common- wealth of Pennsylvania. Parcel Number 1: 08-38-2175- 027A. Improvements consist of residen- tial property. Sold as the property of NICOLE M. JORDAN 1?s UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIA- TIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CON- NIE S. JORDAN, DECEASED. Your house (real estate) at 370 OLD STATE ROAD, GARDNERS, PA 17324-8938 is scheduled to be sold at the Sheriff's Sale on DECEMBER 8, 2010 at the CUMBERLAND County Courthouse to enforce the Court Judgment of $102,528.11 obtained by PHH MORTGAGE CORPORATION (the mortgagee), against the above premises. PHELAN HALLINAN & SCHMIEG, LLP Attorneys for Plaintiff Oct. 8 5 7178 2417 6099 0066 1183 4 / JKM UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CONNIE S. JORDAN, DECEASED 370 OLD STATE ROAD GARDNERS, PA 17324-0000 --fold here (regular) -- fold here (6x9) --fold here (regular) i USPS -Track & Confirm ,._ f __ __ Trek t~nfirm Search Re~ui~ Label/Receipt Number: 7178 2417 6099 00661183 Expected Delivery Date: September 2, 2010 Class: First-Class Mail® Service(s): Return Receipt Electronic Status: Delivered Your item was delivered at 11:51 am on September 13, 2010 in PHILADELPHIA, PA 19103. Detailed Results: • Delivered, September 13, 2010, 71:51 am, PHILADELPHIA, PA 19103 * Arrival at Unit, September 07, 2010, 9:23 am, GARDNERS, PA 17324 Acceptance, September 03, 2010, 4:20 pm, PHILADELPHIA, PA 19102 • Electronic Shipping Info Received, August 31, 2010 (~ot~fic$ticat Optima Return Receipt (Electronic) Verify who signed for your item by email > Page 1 of 1 ~~ I t~P I Sign In Track 8 Confirm FAQs ~rii~k & lio~nt Enter Label/Receipt Number. ___.._ ___ __ _i ite Map ustomer Service. Forms Gov't ervices Careers P1~~cY Policy Business Tgm~s of,~se, C,ystomer Gateway I~r ,+; s~. Copyrightfl 2010 USPS. All Rights Reserved. No SE=AR Act EEO Date FOIA r ~_Y ~ :v, ~ , http: //trkcnfrm 1. smi.usps. com/PT SInternetWeb/InterLabelInquiry. do?strOrigTrackNum=... 10/20/2010 .. Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. 5chmieg, 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. $7077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Say 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. 90]34 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 151? JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff v. NICOLE M. JORDAN UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CONNIE S. JORDAN, DECEASED Defendants ATTORNEY FOR PLAINTIFF ~ c ~ ._... ~ ~~~ ° ~ ~-+~ ~ ~rn ~=r `~t~' E,a ~'' ~o ° o - .-- ~~~ ~ ~n . ~ ~~ ~- .~~ ~` -~ -~~ Court of Common Pleas Civil Division CUMBERLAND County No.: 10-1230 CIVIL TERM No.. CERTIFICATION OF SERVICE 228517 ~ v 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. NICOLE M. JORDAN NICOLE M. JORDAN 522 S. WEST STREET UNKNOWN HEIRS, SUCCESSORS, CARLISLE, PA 17013 ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE NICOLE M. JORDAN OR INTEREST FROM OR UNDER CONNIE 205 NOBLE BLVD-MOBILE HOME S. JORDAN, DECEASED LEMOYNE, PA 17013 370 OLD STATE ROAD GARDNERS, PA 17324-8938 Phelan linan & Schmieg, LLP 1M ~ DATE: ~(~' o~,~' L ~ 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 228517 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. NICOLE M. JORDAN UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CONNIE S. JORDAN, DECEASED Defendants ATTORNEY FOR PLAINTIFF c °- - 71 all Court of Common Pleas Civil Division CUMBERLAND County No.: 10-1230 CIVIL TERM MOTION TO MAKE RULE ABSOLUTE 228517 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". 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of November 8, 2010. 228517 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Hallinan & Schmie2. LLP DATE: By: U L wrence T. Phelan, E/q., Id. No. 32227 Fr cis S. Hallinan, Esq., Id. No. 62695 ? el G. Schmieg, Esq., Id. No. 62205 ? 'chele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 heetal R. Shah-Jani, Esq., Id. No. 81760 Jenne R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? 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 ATTORNEY FOR PLAINTIFF 228517 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION Plaintiff, v NICOLE M. JORDAN UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIItMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CONNIE S. JORDAN, DECEASED Defendant(s) : CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION No.: 10-1230 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached here ibit "A". 17A- ? Lawrence elan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 .. ,..: ? Shee R. Shah-Jani, Esq., Id. No. 81760 ? Je ' e R. Davey, Esq., Id. No. 87077 ,e t ? prep R. Tabas, Esq., Id. No. 93337 ''- ?- Vivek Srivastava, Esq., Id. No. 202331 r--- ? Jay B. Jones, Esq., Id. No. 86657 - (" - ?J ? 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 Date: IMPORTAN NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 228517 I a?z woa? Sos6 a 10? gg OLOZ O4d' 9SZttyibOZ0 00 , ,.....? R , ?4?2 r -i d_ r 0 o? e? a a (p.+ H tv! t ?7i p? AG ? ? p r- e 10 .» M omm3?w5 eQP? a <<? a ?, '°'?"?• tae ??? e? ?? ??? ? o ? ? i. pk o g 0. RQ! ? p U C F ? * Y ? '% # * # C ?4 ai M d ? ? A V N 40 a f 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. NICOLE M. JORDAN UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CONNIE S. JORDAN, DECEASED Defendants ATTORNEY FOR PLAINTIFF rn 771- :. 74 C:) c,a a•? Court of Common Pleas Civil Division CUMBERLAND County No.: 10-1230 CIVIL TERM AMENDED MOTION TO MAKE RULE ABSOLUTE 228517 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. 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 "A". 4. A Rule was issued by the Honorable M.L. Ebert, Jr. 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 "B". 5. 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 "C". 6. Defendants failed to respond or otherwise plead by the Rule Returnable date of November 8, 2010 . 228517 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan & Schmieg, LLP DATE: I ( 1 l V By: awrenc T. Phelan, Esq., Id. No. 32227 ? F ancis 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 228517 8 v a? .a w •o U U Z c a a x? a C ?, 6a in zdo ? r g ? •• yaR` » d •? E ?ggE 7 ate' d ?? "? o .?? ?s W d ?w»•g? o v?aF V1F? p o°o;a o=?y ,? a r?'F.a p O? a ??yX, ?3?Fv V! ? o M ? ?? ? V EE o s ? ^C cn y O P `" U w x C c7 ? U F+ .. U p? d W CQ O ? O a w P wuQ Z; ? ? Z Z p 3°a m 15 Ca F w O a ? ? c a p V) .wr pp er.,., o. w ZOON (i? a02 Wa c e ? o U or? Uap o U ? z? z 0 N go N a x a a ?? u ^? z u ra -+ N M !t h W 0 0 O N M ? t ' oa N N PHELAN HALLINAN & SCH.MIEG, 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 NICOLE M. JORDAN 522 S. WEST STREET CARLISLE, PA 17013 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CONNIE S. JORDAN, DECEASED 370 OLD STATE ROAD GARDNERS, PA 17324-8938 RE: PI-HII MORTGAGE CORPORATION v. NICOLE M. JORDAN and UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CONNIE S. JORDAN, DECEASED Premises Address: 370 OLD STATE ROAD GARDNERS, PA 17324 CUMBERLAND County CCP, No. 10-1230 CIVIL TERM 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. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Vey ay yours, Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire yShee 1 R. Shah-Jani, Esquire J ne R. Davey, Esquire aw.en R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fhakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Enclosure Exhibit "B" 228517 PHH MORTGAGE CORPORATION IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NICOLE M. JORDAN, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS: OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CONNNIE S. JORDAN, DECEASED, DEFENDANTS : NO. 10-1230 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 Nicole M. Jordan, etc. Defendants bas Exhibit "C" 228517 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 ATTORNEY FOR PLAINTIFF PHH MORTGAGE CORPORATION Plaintiff V. NICOLE M. JORDAN UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CONNIE S. JORDAN, DECEASED Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 10-1230 GIVIL `I:TRM No.. CERTIFICATION OF SERVICE 228517 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. NICOLE M. JORDAN 522 S. WEST STREET CARLISLE, PA 17013 NICOLE M. JORDAN UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CONNIE S. JORDAN, DECEASED 370 OLD STATE ROAD GARDNERS, PA 17324-8938 NICOLE M. JORDAN 19 - 205 NOBLE BLVD-MOBILE HOME LEMOYNE, PA 17013 DATE; - a!5- I By. t? Phelan ] I3jllinan & Schmieg, LLP t ? _VJ ? 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. D"e Esq., Id. No. 87077 FlLaureu t; '1} as, Esq., Id. No. 93337 Vf? k'Srivaswva, 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 El Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Q Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAIN114 228517 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 Amended 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: O By: - ]I i Oil ?J La enc? . Phelan, aq., Id. No. 32227 ? F cis S. Hallinan, Esq., Id. No. 62695 E 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 228517 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. NICOLE M. JORDAN UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CONNIE S. JORDAN, DECEASED Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-1230 CIVIL TERM CERTIFICATION OF SERVICE 228517 I hereby certify that true and correct copies of Plaintiff's Amended Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. NICOLE M. JORDAN 522 S. WEST STREET CARLISLE, PA 17013 NICOLE M. JORDAN 205 NOBLE BLVD-MOBILE HOME LEMOYNE, PA 17013 DATE: ' 19110 NICOLE M. JORDAN UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CONNIE S. JORDAN, DECEASED 370 OLD STATE ROAD GARDNERS, PA 17324-8938 Phelan Hallinan & Schmieg, LLP By: L' wren* T. Phelan, Esq., Id.-No. 32227 ? F ancis S. Hallinan, Esq., Id. No. 62695 Flbaniel 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 228517 Nov IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION Court of Common Pleas Plaintiff V. NICOLE M. JORDAN UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CONNIE S. JORDAN, DECEASED Defendants Civil Division CUMBERLAND County No.: 10-1230 CIVIL TERM No.. /? ORDER '" AND NOW, this p day of ht7W?,,.4-, 2010, upon consideration of Plaintiff's O 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 $95,795.85 Interest Through December 8, 2010 $6,918.95 Per Diem $12.47 Late Charges $244.98 Legal fees $1,325.00 Cost of Suit and Title $1,750.40 Sheriffs Sale Costs $0.00 228517 r AW Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $0.00 $0.00 $0.00 $0.00 ($0.00) $2.00 $106,037.18 Plus interest from December 8, 2010 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT - ?&A ? N A. \ J. 228517 ?/L) ? c?o% /H ?'ord4n / Pl ;&ele 13r-ad-Grad, E-,g l7 p;es n1a.1?? / i a3/ia 60 4 G7 -n rn o rn Z z r- F -Orn . ?? w ocj rx c° z° zo C:)-+n Z c=? cn ::0 -c 228517