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HomeMy WebLinkAbout10-4477 ED-jam:' ' llr" ? TF 2D10 JU . --7 AzS I : U9 .11 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 1. 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 242837 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION 2001 LEADENHALL RD. MOUNT LAUREL, NJ 08054 Plaintiff V. JOSEPH E. FREY DIANA J. FREY 6019 ROBERT DRIVE MECHANICSBURG, PA 17050-6853 Defendants File #: 242837 F iY rL7 F:. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. / D - q?V 77 CNy l fcl^ CUMBERLAND COUNTY t%Lo6 C?OqW-14X X d a-Y y 7 /3 V 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 #: 242837 Plaintiff is PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION 2001 LEADENHALL RD. MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: JOSEPH E. FREY DIANA J. FREY 6019 ROBERT DRIVE MECHANICSBURG, PA 17050-6853 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/31/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CENDANT MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1850, Page 4479. By Assignment of Mortgage recorded 06/21/2004 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 709, Page 979. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01 /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. File #: 242837 6. The following amounts are due on the mortgage: Principal Balance Interest 09/01/2009 through 06/21/2010 (Per Diem $18.52) Attorney's Fees Cumulative Late Charges 12/31/2003 to 06/21/2010 Costs of Suit and Title Search Escrow Deficit TOTAL 7. $115,046.48 $5,425.71 $650.00 $271.17 $550.00 $414.48 $122,357.84 Plaintiff is nlzt seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 242837 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $122,357.84, together with interest from 06/21/2010 at the rate of $18.52 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. PHELAN HALLINAN & SCHMIEG, LLP ?r By: ;?A? 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 18 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 242837 LEGAL DESCRIPTION ALL that certain lot of ground situate in Hampden Township, Cumberland County, Pennsylvania, described in accordance with a survey of Gerrit J. Betz, dated May 18, 1976, as follows: BEGINNING at a point on the northerly side of Robert Drive, said point being a common corner of Lot No. 146 on the hereinafter mentioned Plan of Lots; thence along said Lot No. 146, north 27 degrees 54 minutes east 119.24 feet to a point in line of Lot No. 138 on said Plan; thence along said lot and also a portion of Lot No. 137, south 60 degrees 32 minutes east 70.02 feet to a point, a corner of Lot No. 148; thence along the same, south 27 degrees 54 minutes west 117.33 feet to a point on the aforesaid northerly side of Robert Drive; thence along the same, north 62 degrees 06 minutes west 70 feet to a point, the place of Beginning. BEING Lot No. 147 on Plan of Noll Acres as recorded in Plan Book 10, Page 17, Cumberland County Recorder's Office. Having thereon erected a brick and frame ranch style dwelling known and numbered as 6019 Robert Drive. PARCEL NO. 10-19-1604-109 PREMISES: 6019 ROBERT DRIVE, MECHANICSBURG, PA 17050-6853 File #: 242837 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. ttorney for Plaintiff DATE:. t O File #: 242837 ~. ~-, , -~1 I`L` - :-~ 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, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff vs. JOSEPH E. FREY DIANA J. FREY Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO.10-4477-CIVIL CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 242837 Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Hallinan & Sc g, LLP .y for Plaintiff By: ~/l/ ^ L ~ rence T. Phelan, E ., Id. No. 32227 ^ F a cis S. Hallinan, Esq., Id. No. 62695 ^ D 'el G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Ju 'th T. Romano, Esq., Id. No. 58745 ^ eetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Date: 7-20-10 PHS #: 242837 ~ F VERIFICATION ~~~-+~ ~ ` ~~~~=- hereby states that he/she is ~~U~ ~~1%~~,~/~.</~ of PHH MORTGAGE CORPORATION, servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: vU 4~i ~yp2~ ~Cj File #: 242837 Name:FREY Name: jy.~ ~ ~lGGG. Title: V~ ~, ~~~~~~~ Servicer: PHH MORTGAGE CORPORATION 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, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff vs. JOSEPH E. FREY DIANA J. FREY Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO.10-4477-CIVIL CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff s Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: JOSEPH E. FREY 6019 ROBERT DRIVE MECHANICSBURG, PA 17050-6853 PHS #: 242837 DIANA J. FREY 6019 ROBERT DRIVE MECHANICSBURG, PA 17050-6853 Hallinan & Schrr~g, LLP ;y for Plaintiff ( ~ By: ^ L rence Tv Ph an, sq., Id. No. 32227 ^ F cis S. Hallinan, sq., Id. No. 62695 ^ D iel G. Schmieg, Esq., Id. No. 62205 ^ Michele 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 I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Date: 7-20-10 PHS #: 242837 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson _ , .-,-.: Sheriff ` ~, r T': ' ~ ~~, ,.. Jody S Smith ~0a~,tr +a# a~be~,~~~ , i ; , Chief Deputy ~, ~- ,.~ .,n r : r ~ ~ `~, Richard W Stewart ~~ ~~~_•~~~ ..~~s~~~'~~~~~ ~ ~ ~:I ~ ~~~ =.Slo ao [ , pv~ q a~ ..~~-a`, SOlICItOr £~FiCE%~~ r.€ESkERtFf C~~'.+i~: r, ~~ i~. '~• PHH Mortgage Corporation vs. Case Number Joseph E. Frey (et al.) 2010-4477 SHERIFF'S RETURN OF SERVICE 07/08/2010 08:23 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on July 8, 2010 at 2020 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Joseph E. Frey, by making known unto himself personally, at 6019 Robert Drive, Mechanicsburg, Cumberand County, Pennsylvania 17050 its contents and the s e time handing to him personally the said true and correct copy of the same. MARK CON LIN, DEPUTY 07/09/2010 Ronny R. Anderson, Sheriff, vVtho being duly swom according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Joseph E. Frey, but was unable to locate him in his bailiwick. He therefore retums the within Complaint in Mortgage Foreclosure as not found as to the defendant Joseph E. Frey. Request for service at 112 N. Walnut Street, Mechanicsburg, PA 17055 the defendant was not found. Joseph E. Frey currently resides at 6019 Robert Drive, Mechanicsburg, PA 17050. 08/03/2010 08:50 PM -Ryan Burgett, Deputy Sheriff, who being duty sworn according to law, states that on August 3, 2010 at 2050 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Diana J. Frey, by making known unto Jay Newnan, adult in charge at 112 N. Walnut Street, Apartment 2,, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. RYAN BURGETT, DEP 08/05/2010 Ronny R. Anderson, Sheriff, vuiho being duly swom according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Diana J. Frey, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Diana J. Frey. Regjuest for service at 6019 Robert Drive, Mechanicsburg, PA 17050 Diana J. Frey was not found. Joseph Frey advised Deputies, Diana J. Frey resides at 112 N. Walnut Street, Apartment 2, Mechanicsburg, PA 17055. SHERIFF COST: $104.00 August 05, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (c} CountySuite Shenfl. Teleosoft. Inc. F ! K_ ?! (-7 i't^, i F, TA V 4tt??S s' 29'= ?v p ?t s • r_, NTY FEt' a, VANIA 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 ,iAndrew 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION VS. JOSEPH E. FREY DIANA J. FREY Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION No. 10-4477-CIVIL 14 oo PA Ar%/ C? 1ap848? 0 ay84a7 No- iee Mai led 242837 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 JOSEPH E. FREY, and DIANA J. FREY, 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 Plaintiffs damages as follows: As set forth in Complaint $122,357.84 Interest - 06/22/2010 to 09/24/2010 $1,759.40 TOTAL $124,117.24 I hereby certify that (1) the Defendants' last known addresses are 112 N WALNUT ST, APARTMENT 2, MECHANICSBURG, PA 17055-3206, and the mortgaged premises 6019 ROBERT DRIVE, MECHANICSBURG, PA 17050-6853, and (2) that notic en given in accordance with Rule 237.1, copy attached. Ulawren . Phelan, Esq., Id. No. 32227 ? Franc' S. Hallinan, Esq., Id. No. 62695 ? D el 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 ? Ja . Jones, Esq., Id. No. 86657 E eter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 6,V0,1 a J J. - --- f% N Aft? Z. PHS # 242837 PROTHONOTARY 242837 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, F/K/A CENDANT MORTGAGE CORPORATION VS. JOSEPH E. FREY DIANA J. FREY Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 10-4477-CIVIL 242837 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 JOSEPH E. FREY is over 18 years of age and his last known residence is 6019 ROBERT DRIVE, MECHANICSBURG, PA 17050-6853. (c) that defendant DIANA J. FREY is over 18 years of age and her last known addresses are 112 N WALNUT ST, APARTMENT 2, MECHANICSBURG, PA 17055-3206, and the mortgaged premises 6019 ROBERT DRIVE, MECHANICSBURG, PA 17050-6853. This statement is made subject to the penalties of 1 a. C.S. Section 4904 relating to unswom falsification to authorities. Date: ti12111° LJ Lawren . Phelan, Esq., Id. No. 32227 ? Franc/ S. Hallinan, Esq., Id. No. 62695 ? Dank 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 ? Vive rivastava, Esq., Id. No. 202331 ? J . Jones, Esq., Id. No. 86657 eter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff 242837 (Rule of Civil Procedure No. 236) - Revised PHH MORTGAGE CORPORATION, F/K/A CUMBERLAND COUNTY CENDANT MORTGAGE CORPORATION COURT OF COMMON PLEAS VS. JOSEPH E. FREY DIANA J. FREY CIVIL DIVISION No. 10-4477-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on q D By: If you have any questions concerning this matter please contact: ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. D ey, Esq., Id. No. 87077 ? Lauren abas, Esq., Id. No. 93337 ? Vive rivastava, Esq., Id. No. 202331 ? J Jones, Esq., Id. No. 86657 eter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE INBANKRUPTCY, THIS IS NOTAND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIEN AGAINST PROPERTY. ** 242837 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff V. JOSEPH E. FREY DIANA J. FREY Defendant(s) TO: DIANA J. FREY 6019 ROBERT DRIVE MECHANICSBURG, PA 17050-6853 DATE OF NOTICE: September 8, 2010 COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-4477-CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IWORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT 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. PHS # 242837 Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 By: La nce T. Phelan' Esq., Id. . 32227 Fra s S. Hallinan, Esq., Id. NP. 62695 D 1 G. Schmieg, Esq., Id. . 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81,60 Jenine R. Davey, Esq., Id. No. 8707?/ 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 # 242837 PHH MORTGAGE CORPORATION, FWA CENDANT MORTGAGE CORPORATION Plaintiff v JOSEPH E. FREY DIANA J. FREY Defendant(s) TO: JOSEPH E. FREY 6019 ROBERT DRIVE MECHANICSBURG, PA 17050-6853 DATE OF NOTICE: September 8, 2010 COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-4477-CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IWORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT 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. PHS # 242837 Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 By: L encZ?-T. Phelan, Esq., Id. No. 32227 Fr cis S. Hallinan, Esq., Id. No. 2695 D el 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. 817 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 # 242837 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff v JOSEPH E. FREY DIANA J. FREY Defendant(s) TO: DIANA J. FREY 112 N WALNUT ST, APARTMENT 2 MECHANICSBURG, PA 17055-3206 DATE OF NOTICE: September 8, 2010 COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-4477-CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT 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. PHS # 242837 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 DanYeel G. Schmieg, Esq., ?d. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81 0 Jenine R. Davey, Esq., Id. No. 8707 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 # 242837 CARLISLE, PA 17013 (717) 249-3166 A ~`/~ ~.~ _. ;I PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.RC.P. 3180-3183 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE COURT OF COMMON PLEAS CORPORATION Plaintiff CIVIL DIVISION v, N0.:10.4477-CIVIL JOSEPH E. FREY DIANA J. FREY Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 09/25/2010 to Date of Sale ($20.40 per diem) TOTAL O ~0'1~.00 P q ATt^/ ! 0 ~. oo CBS' ga.oo „ I'~ . oo •. a.5o N ~oZ3~. so - Pp pmt #a.oo ~QueCo ' S0 LL f-, r._ ~., __~ ~' ~ _ ~ `. -~- $124,117.24 ~ .' ; ~, a r~' ~t . ~ ` .. 3 243.60 ~~' --~ ' ' _.:, ~~~ ~ ~ ~ ~' $127,360.84 " ~" cr: ~a -C /I ~ o ey 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 ^ Jai~rie 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 Note:. Please attach description of property. PHS # 242837 Cil` X019909 Q*' 01.5031 j~ IJ~+'t' ~~~ ~, a w~ O~ W " a ~' a~ oa U ~ O ~~ O~ ~~ ~U H O U CW,'7 a O z w U W a~ a O C7 H O ^~ ~a ~ ~ ~~~ W ~ W ''' A W ~~y ~~ OA O w '1 o~ a~i s. W O ~ W an ~~ U w N ~ N ~ N ~ O ~1 ~ N O ~ O ~ ~ Wa ~a ~ ~ C7 F C7 ~ ~ ~~U ~U a 3 W~~ ~~ w~~ zz~ '„~ ~~U ~NU N ~ ~ O~ O N ~ ~ 0~0 ~ ,~ ~ 'cY ~ ~ ~ OMO M ~ N ~ ~ ~ ~ M M ~ ~ O ~..' 0 .0 (V N pp..,,,'~° o oz oZo~oaN~~ o o~ c oz a~bTi~"ZbZZZo`OOZtib N,z~b ~WW WbW.y'yWb y"W[i1,'dWW a~i :~ .~ ~~o, c ~ W W ; ~ W ~ ~ w ~ ~ ~ r' ~ ~xv~ °~ `~E~ ~ ~v~ ~~ op„iG4 w . rs: A > C7 ~ C7 ~aO~O^0~000~~~~~^~~ __ Phelan Hallman &Schmieg, LLP ~. 1617 JFK Boulevard, Suite 1400 _ `~ ~ ~ ~.~ "~~ ~ `~ ! ~" One Penn Center Plaza ~ ~ ' ' ~` `' `' ~ ` ` `~ `i ~ TAR ~~ Philadelphia, PA 19103 CuE~ QC~ - - ' ;'; ,?;: 215-563-7000 ,/ PHH MORTGAGE CORPORATION, F/K/A f~~11~-` `DAIl'~T+ • ~ ~ ~ j` MORTGAGE CORPORATION Plaintiff v. JOSEPH E. FREY DIANA J. FREY Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.:10-4477-CIVIL 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. By: Att or Plaintiff 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 B`~iH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff v. JOSEPH E. FREY DIANA J. FREY Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-4477-CIVIL CUMBERLAND COUNTY PHS # 242837 AFFIDAVIT PURSUANT TO RULE 3129.1 PHH MORTGAGE CORPORATION, F/K/A CENDANT 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 6019 ROBERT DRIVE, MECHANICSBURG, PA 17050-6853. _,~ 1. Name and address of Owner(s) or reputed Owner(s): P,.. , r' . Name Address (if address cannot be reasonably ~~-~ .,.~ ascertained, please so indicate) , ~ ~~='~'t ~ ~'' ~= t JOSEPH E. FREY 6019 ROBERT DRIVE -' ,,,> a ~ ~;-~~ MECHANICSBURG, PA 17050-6853 ~` %'`~~ , ~--a "°'' _-'!~ ~ DIANA J. FREY 112 N WALNUT ST, APARTMENT 2 ~-• r-a =: - ~° MECHANICSBURG, PA 17055-3206 ''°'~~ c,,~ ~~ y ~ +~ ... ....) .. xj 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) PNC BANK, NATIONAL ASSOCIATION 2730 LIBERTY AVENUE PITTSBURGH, PA 15222 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 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 6019 ROBERT DRIVE MECHANICSBURG, PA 17050-6853 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 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. October 21, 2010 .~~~i- Att y or 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 oshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 1. PHH MORTGAGE CORPORATION, F/K/A CENDANT COURT OF COMMON PLEAS MORTGAGE CORPORATION CIVIL DIVISION Plaintiff ` NO.:10-4477-CIVIL vs. , JOSEPH E. FREY CUMBERLAND COUNTY DIANA J. FREY ~ . Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY `~_'- N 0 ~ .r. ~ ~ _, ~ -~..,~ TO: JOSEPH E. FREY -,~ ° `~ ; -~•: 6019 ROBERT DRIVE ~s ~ ~ ~ `~' ~-' MECHANICSBURG, PA 17050-6853 , r- ` -• -~, DIANA J. FREY "E~~-' c~ ~~ 112 N WALNUT ST, APARTMENT 2 ___, MECHANICSBURG, PA 17055-3206 ~"`~ `~ -~ **THIS FIItM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,' THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 6019 ROBERT DRIVE, MECHANICSBURG, PA 17050-6853 is scheduled to be sold at the Sheriff s Sale on 03/02/2011 at-10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce. the court judgment of $124,117.24 obtained by PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P.-Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230.. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will. go through only if the buyer pays the Sheriff the full amount due in the sale. To fmd out if this has happened, you may ca11215-563-7000. 4, If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL that certain lot of ground situate in Hampden Township, Cumberland County, Pennsylvania, described in accordance with a survey of Gerrit J. Betz, dated May 18, 1976, as follows: BEGINNING at a point on the northerly side of Robert Drive, said point being a common corner. of Lot No. 146 on the hereinafter mentioned Plan of Lots; thence along said Lot No, 146, north 27 degrees 54 minutes east 119.24 -feet to a point in line of Lot No. 138 on said Plan; thence along said lot and also a portion of Lot No. 137, south 60 degrees 32 minutes east 70.02 feet to a point, a corner of Lot No. 148; thence along the same, south 27 degrees 54 minutes west 117.33 feet to a mint on the aforesaid northerly -side of Robert Drive; thence along the same, north 62 degrees 06 minutes west 70 feet to a point, the place of Beginning. BEING Lot No. 147 on Plan of Noll. Acres as recorded in Plan Book 10, Page 17, Cumberland County Recorder's Office. Having thereon erected a brick and frame ranch style dwelling known and numbered as 6019 Robert Drive. TITLE TO SAID PREMISES IS VESTED IN Joseph E. Frey and Diana J. Frey, his wife, by Deed from Romaine E. Price, a/k/a Romaine Price, widow, by her agent, Beverly A. Price, dated 12/31/2003, recorded 01/09/2004 in Book 261, Page 860. PREMISES BEING: 6019 ROBERT DRIVE, MECHANICSBURG, PA 17050-6853 PARCEL NO. 10-19-1604-109 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-4477 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION, f/Wa CENDANT MORTGAGE CORPORATION, Plaintiff (s) From JOSEPH E. FREY and DIANA J. FREY (1) You are directed to lery 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 $124,117.24 L.L.$.50 Interest from 9/25/10 to Date of Sale @ ($20.40 per diem) -- $3,243.60 Atty's Comm % Due Prothy $2.00 Atty Paid $236.50 Other Costs Plaintiff Paid Date: 10/27/10 avid D. B ell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: COURTENAY R. DUNN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 206779 PLAINTIFF PHH MORTGAGE CORPORATION, F/WA CENDANT MORTGAGE CORPORATION DEFENDANT JOSEPH E. FREY DIANA J. FREY SERVE DIANA J• FREY AT: 112 N WALNUT ST, APARTMENT 2 MECHANICSBURG, PA 17055-3206 PAS # 242837 SERVICE TEAM/ lac COURT NO.: 104477-CIVIL TYPE OF ACTION XX Notice of SheriB's Sole SALE DATE: 03/02/2011 SERVED Served and made known to DIANA J FREY Defendant on the q+*day of NOV FM?B?Faf , 20 to , at 5 , o'clockR. M., at 111 N • 1M?LM?J . o in the manner described below: ?Defendant personally served. M 944 X S P _ Adult family 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 Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. Other. NOT On 0 20at - o'clock M., Defendant NOT FOUND because: Z _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) _ _ No Ans on at at Service Refused n..a c? n Q ?-i ? C1 C;A ! 4c:) CDh t'7't cage on the date and at the address indicated above. CORTY Sworn to and sub bed 7K]MBERLY before me this ray NOTARY PUBLIC Of NO V , 20 STATE OF NEW }ERSEY lu(IveEXPIRES MARCH 7, 2013 No BY: SERVED rri r-= ?? Cl; =- CD Z- C: Description: Age 30 S Height S " weight 16 S Race W Sex r- Other L ?N MO L L , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned Other. Sworn to and subscribed before me this day of - By: Notary: AFFIDAVIT OF SERVICE CUMBERLAND COUNTY ATT MNEY FORPLAINTIIF I?w,saeTlYalea, B}, K e1? am7 F?daS HaByer4 By., li Na Q(sS Dr•idG.9dlerlti, Fq,1L Na i271S l,Ld? $/. Brainerd, &q, hL Nw me radii T. Beamy &q, LL N&W7* S1edN R a rri lr,an td. Ne. $1760 aralra R D MA Fy, Id. ft 9X" Craw R iYhn,14i},Id. Na 63337 v1"k sdTWp, Lq, Id. Ne.102131 rq R ism%64, hL P&i aw Rltr]. MWplp, a,%, fi N& irM Andrew Laphad6 ft, iL Nra MW 1WraeMeG I Fa+. LL Na M31 p b..k.k F. naira, Fq., 1d. Nw MM Jail L Gddwml%ra+, K Nw 2MV crew raev B. Doer, Bq. za. Ne. 106M Andrew C Beai4q, Y. Na 11[T75 lp7 JeM W Bhd, 9*slow e M PMbdd#W lA V161.1614 (215) 563-714$ PLAINTIFF PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION DEFENDANT JOSEPH E. FREY DIANA J. FREY SERVE JOSEPH E. FREY AT: 6019 ROBERT DRIVE MECHANICSBURG, PA 17050-6853 PHS # 242837 SERVICE TEAM/ kac COURT NO.:10-4477-CWM TYPE OF ACTION XX Notice of S6eJWs Sale SALE DATE: 03101!2011 SERVED ?" Served and made known to J SEP Y Defendant on the L}'day of /Ve UP" W. 20 Lb-, at o clock M., at (o01q D bt 2T SM.1 J` , in the manner described below: !?Def e ndant personally served. k Ejc4# Q ICS l3J+ , P4 , - Adult family member with whom Defendant(s) reside(s). i"rnr` CO t"x'! cn1,,, X? Q r.a 0 M c? 1 CR 3 1.t Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. -Other: . . Description: Age _ Height 6r ~ Weight 190 Race W Sex I- Other I, J?jpkL p It, 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. / 7^7 ca Tr, Swan to and subscibed KIMBERLY CURTY before me this ? day NOTARY PUBLIC of iV o V . 20-L STATE OF NEW }ERSEY No y: rJ V V p N • r^?^%STnN EXPIRES MARCH 7, 2013 On ?y o , 20_, at _ o'clock _. M., Defendant NOT FOUND because: _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) _ No Answer on at at Service Refused Other: Sworn to and subscribed before me this day of6 By: Notary: AFFIDAVIT OF SERVICE CUMBERLAND COUN'T'Y AT1 ORNEY FOR Pi.A1tITIF F L.?sw .Miiw, aq, TA w MW r=u*& Whmm.NN%, ld. w GW DnW G. S&Mk& ft1j., Jt ft 0W Wdmk M. - 'I 1&%K w hM jwMT. R==%&}, X w 5M a-W R sab lad 04 M. ML IU M J..i=LD0q &7,Y.ws7on laws R Tiw, d9+ld w 7!7.17 Vim 9dwMw., &7+ [i w ]•2111 ]q B. Java, 7faF, JL w altne? H1erJ. Maeiv, i4. k w?1771 Awteew L S1iwkEa9+11 w Jam Jirc MaGis, &?. to w fp37 Jain L Gal`..., L4,1L w 216M7 Gw?1egR aK Sq, Td. w MPrA A.inwGlsW?Rl,&?,,.1aiw2Nm li?J.4R i 11?d., 9?14M P11 1%11 .,PAMMSlt14 (217)50.7M1 OF T FILED-OFFICE TA R 2010 DEC 20 AN 9: 12 ?U"IERLY C COjjtjFv vAM DEC 16 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PHH MORTGAGE CORPORATION, F/K/A Court of Common Pleas CENDANT MORTGAGE CORPORATION Plaintiff Civil Division V. CUMBERLAND County JOSEPH E. FREY No.: 10-4477-CIVIL DIANA J. FREY Defendants RULE 441 AND NOW, this day of 0? 2010, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant(s) shall have twenty (20) days of the date of this Order to file a responsive pleading to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. SAY THE COLI,f t?FS h'1al,t£? J. 242837 3 FILED-OFFICE THE'f?O1"?iONOV;1f" '910 DEC 27 Ate 10: 02 CUMBERLAND COON'!-," PENNSYLr4,N4 ?! Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION, FIK/A Court of Common Pleas CENDANT MORTGAGE CORPORATION Plaintiff Civil Division V. CUMBERLAND County JOSEPH E. FREY No.: 10-4477-CIVIL DIANA J. FREY Defendants PRAECIPE TO WITHDRAW MOTION TO REASSESS 242837 TO THE PROTHONOTARY: Plaintiff hereby withdraws its Motion to Reassess Damages, filed on December 16, 2010 in the above referenced action. DATE: Lj Z70- Phelan LLLawr6fice T. Phel9A*,-F-sq., Id. No. 32227 17Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? A drew C. Bramblett, Esq., Id. No. 208375 [lplison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 242837 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 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff V. JOSEPH E. FREY DIANA J. FREY Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-4477-CIVIL CERTIFICATE OF SERVICE 242837 I hereby certify that a true and correct copy of Plaintiff's Praecipe to withdraw its Motion to Reassess Damages was served upon the following interested parties on the date indicated below. JOSEPH E. FREY JOSEPH E. FREY DIANA J. FREY 112 N WALNUT ST 6019 ROBERT DRIVE MECHANICSBURG, PA 17055-3206 MECHANICSBURG, PA 17050-6853 DIANA J. FREY 112 N WALNUT ST, APARTMENT 2 MECHANICSBURG, PA 17055-3206 Phelan Hallinan &lig3-> DATE: 2 By• `.,----- wrence T. Phelan, q., 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 1'. 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 lison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 242837 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy 00,1r d? ? FUtt l f ? 17 i,t L." Richard W Stewart Solicitor lM ?F yI F 3 i' 1. r PHH Mortgage Corporation vs. Joseph E. Frey (et al.) Case Number 2010-4477 SHERIFF'S RETURN OF SERVICE 12/30/2010 07:51 PM - Deputy Dennis Fry, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 6019 Robert Drive, Mechanicsburg, PA 17050, Cumberland County. 12/30/2010 07:51 PM - Deputy Dennis Fry, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Joseph E. Frey at 6019 Robert Drive, Mechanicsburg, PA 17050, Cumberland County. 12/30/2010 07:35 PM - Deputy Robert Bitner, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Diana J. Frey at 112 North Walnut Street, Spt. 2, Mechanicsburg, PA 17055, Cumberland County. 01/10/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney Schmieg on 1/7/11. SHERIFF COST: $314.76 March 15, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF a -©o rd . Cho . ,gyp LC ?d a 5-6 -73S' .(,j Coun^YSuite She,,I Ie'.ea -It. iii:: PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff V. JOSEPH E. FREY DIANA J. FREY Defendant(s) CUMBERLAND COUNTY PHS # 242837 AFFIDAVIT PURSUANT TO RULE 3129.1 PHH MORTGAGE CORPORATION, F/K/A CENDANT 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 6019 ROBERT DRIVE, MECHANICSBURG, PA 17050-6853. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) JOSEPH E. FREY DIANA J. FREY 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 6019 ROBERT DRIVE MECHANICSBURG, PA 17050-6853 112 N WALNUT ST, APARTMENT 2 MECHANICSBURG, PA 17055-3206 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) PNC BANK, NATIONAL ASSOCIATION 2730 LIBERTY AVENUE PITTSBURGH, PA 15222 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. COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-4477-CIVIL 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 6019 ROBERT DRIVE MECHANICSBURG, PA 17050-6853 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle, PA 17013 Commonwealth of Pennsylvania P.O. Box 2675 Department of Welfare Harrisburg, PA 17105 Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 U.S. Department of Justice Federal Building, P.O. Box 11754 U.S. Attorney for the Middle District of PA 228 Walnut Street Harrisburg, PA 17108 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR, STRAWBERRY SQUARE BUREAU OF INDIVIDUAL TAX DEPT. 280601 INHERITANCE TAX DIVISION HARRISBURG, PA 17128 DEPARTMENT OF PUBLIC WELFARE P.O. BOX 8486 TPL CASUALTY UNIT WILLOW OAK BUILDING ESTATE RECOVERY PROGRAM HARRISBURG, PA 17105-8486 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. October 21, 2010 By: AttQwSy Tor 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 Llioshua I. Goldman, Esq., Id. No. 205047 elgCourtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 w 1'HH MORTGAGE CORPORATION, F/K/A CENDANT COURT OF COMMON PLEAS 140RTGAGE CORPORATION CIVIL DIVISION Plaintiff : NO.: 10-4477-CIVIL VS. JOSEPH E. FREY CUMBERLAND COUNTY DIANA J. FREY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY 7 O: JOSEPH E. FREY 6019 ROBERT DRIVE MECHANICSBURG, PA 17050-6853 DIANA J. FREY 112 N WALNUT ST, APARTMENT 2 MECHANICSBURG, PA 17055-3206 "*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 6019 ROBERT DRIVE, MECHANICSBURG, PA 17050-6853 is scheduled to be sold at the Sheriff's Sale on 03/02/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the courtjudgment of $124,117.24 obtained by PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION (the mortgagee) agidnst you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will. go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL that certain lot of ground situate in Hampden Township, Cumberland County, Pennsylvania, described in accordance with a survey of Gerrit J. Betz, dated May 18, 1976, as follows: BEGINNING at a point on the northerly side of Robert Drive, said point being a common corner of Lot No. 146 on the hereinafter mentioned Plan of Lots; thence along said Lot No. 146, north 27 degrees 54 minutes east 119.24 feet to a point in line of Lot No. 138 on said Plan; thence along said lot and also a portion of Lot No. 137, south 60 degrees 32 minutes east 70.02 feet to a point, a corner of Lot No. 148; thence along the same, south 27 degrees 54 minutes west 117.33 feet to a point on the aforesaid northerly side of Robert Drive; thence along the same, north 62 degrees 06 minutes west 70 feet to a point, the place of Beginning. BEING Lot No. 147 on Plan of Noll Acres as recorded in Plan Book 10, Page 17, Cumberland County Recorder's Office. Having thereon erected a brick and frame ranch style dwelling known and numbered as 6019 Robert Drive. TITLE TO SAID PREMISES IS VESTED IN Joseph E. Frey and Diana J. Frey, his wife, by Deed from Romaine E. Price, a/k/a Romaine Price, widow, by her agent, Beverly A. Price, dated 12/31/2003, recorded 01/09/2004 in Book 261, Page 860. PREMISES BEING: 6019 ROBERT DRIVE, MECHANICSBURG, PA 17050-6853 PARCEL NO. 10-19-1604-109 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-4477 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION, Vk/a CENDANT MORTGAGE CORPORATION, Plaintiff (s) From JOSEPH E. FREY and DIANA J. FREY (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 $124,117.24 L.L.$.50 Interest from 9/25/10 to Date of Sale @ ($20.40 per diem) -- $3,243.60 Atty's Comm % Due Prothy $2.00 Arty Paid $236.50 Other Costs Plaintiff Paid Date: 10/27/10 David D. Bue , Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: COURTENAY R. DUNN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 206779 TRUE COPY FROM RECORD b Temb" whorrol. I hwo woo at mq hwW w o""d or am chow #A Cam. \ht? Tft µ d#Y at 20LL _ e -, P On November 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA, Known and numbered as, 6019 Robert Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 22, 2010 By: Real state Coordinator ...4 y?.., K.9j' ?,^.?p ..: "? gyp' J ?. ,:? ""fit i ? •(?"' k:.