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HomeMy WebLinkAbout10-5055Philati 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 r gala qa? ? pmt a: iTg ATTORNEY FOR PLAINTIFF 245135 PHH MORTGAGE CORPORATION, D/B/A ERA MORTGAGE 2001 LEADENHALL RD. MOUNT LAUREL, NJ 08054 Plaintiff V. DEBORAH A. HUNSICKER 1180 & 1182 OYSTER MILL ROAD CAMP HILL, PA 17011 Defendant COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 10 - 5055 0'-w ; l Term CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 245135 Q $qa.00 Po" C R8(4U17 ?? a? (o 1(00 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 #: 245135 Plaintiff is PHH MORTGAGE CORPORATION, D/B/A ERA MORTGAGE 2001 LEADENHALL RD. MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: DEBORAH A. HUNSICKER 1180 & 1182 OYSTER MILL ROAD CAMP HILL, PA 17011 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/04/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1883, Page 4697. Said mortgage was modified as set forth in the modification agreement dated 3/10/2008 in Mortgage Inst# 200815845 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 04/01/2010 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 k 245135 6 The following amounts are due on the mortgage: Principal Balance $68,702.27 Interest $1,634.89 03/01/2010 through 07/16/2010 (Per Diem $11.93) Attorney's Fees $650 00 Cumulative Late Charges . $396 24 03/10/2008 to 07/16/2010 . Mortgage Insurance Premium / $112 00 Private Mortgage Insurance . Costs of Suit and Title Search $550 00 Escrow Credit . $551.01 TOTAL $71,494.39 7 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or 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 File #: 245135 authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $71,494.39, together with interest from 07/16/2010 at the rate of $11.93 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 By: ?L-- ? Lawren e 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 urtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 245135 LEGAL DESCRIPTION ALL that certain tract of land situate in East Pennsboro Township in the County of Cumberland, State of Pennsylvania to wit: BEGINNING at an iron pin at the corner of land late of Norman S. Shade and low water mark of the Conodoguinet Creek; thence northwardly along the course of said Creek 100 feet to an iron pin at low water mark in said Creek; thence eastwardly along land late of Edward B. McClune 259 feet to an iron pin; thence southwardly along land late of Jacob Kohler 84 feet to an iron pin; thence westwardly along land late of Norman S. Shade 280 feet to an iron pin, the place of BEGINNING. UNDER AND SUBJECT to restrictions and reservations as set forth in Deed Book L-14, Page 501. BEING THE SAME PREMISES which Craig S. Barnhart, by his Quit Claim Deed dated June 30, 1998, and recorded October 7, 1998 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 186, Page 867 conveyed all his right, title and interest in said tract of land unto Dick S. Barnhart. ALSO: TRACT NO.2: BEGINNING at a point on the eastern line of the Conodoguinet Creek at the southern line of lands now or formerly of Jacob Kohler Estate; thence along line of said lands, South 81 degrees East, 199 feet to bolt; thence continuing along the same, South 03 degrees 01 minute East, 84 feet to a point at line of lands now or formerly of Harriet A. Rosenberger; thence along line of said lands, North 86 degrees 09 minutes West, 216 feet to a point on the eastern side File #: 245135 ` of the Conodoguinet Creek; thence along said Creek, North 08 degrees 14 minutes East, 101.56 feet to a point, the place of BEGINNING. SAID TRACT No.2 being described in accordance with a survey by D. P. Raffensperger Associates dated April 10, 1978, which said survey is a consolidation of two tracts from a previous deed. Said survey is recorded with Record Book 27-U, Page 516. UNDER AND SUBJECT to restrictions and reservations as set forth in Record Book 27-U, Page 516. BEING THE SAME PREMISES which Craig Barnhart, Executor of the Estate of Dick S. Barnhart, by deed to be recorded simultaneously herewith in the Office of the Recorder of Deeds of Cumberland County, granted and conveyed unto Deborah A. Hunsicker. PROPERTY BEING; 1 180 & 1 182 OYSTER MILL ROAD PARCEL# 09-16-1054-057 File #: 245135 VERIFICATION The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. DATE: Attorney for Plaintiff File #: 245135 Phelan Hallman. & 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-Jam, 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 L 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, D/B/A ERA MORTGAGE Plaintiff Vs. DEBORAH A. HUNSICKER Defendant(s) Ern ry --K) rn C-_ ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 2010-05055 : CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS 4: 24513:5 Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Mn nHallman & Schmieg, ev for Plaintiff ? Oa rencefi: 7helan, Esq., Id. No. Y227 ? cis S. Hallinan, Esq., Id. No. 2695 ? el G. Schmieg, Esq., Id. N . 62205 ? 1 41 iele M. Bradford, Esq., Id. No. 69849 ? J it:h 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: 9-1-10 PHS #: 245135 VERIFICATION ??? _, hereby states that he/she A%( r, of' PHH MORTGAGE CORPORATION, servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and verify 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: kAb- u? -?Y,` 1 o File #: 245135 Name: Title: ??????7?.??v` Servicer: PHH MORTGAGE CORPORATION Name: HUNSICKER Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford. Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 5874.5 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, D/B/A ERA MORTGAGE Plaintiff Vs. DEBORAH A. HUNSICKER Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 2010-05055 : 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: PHS #: 245135 DEBORAH A. HUNSICKER 1 180 & 1182 OYSTER MILL ROAD CAMP HILL, PA 17011 PeTHallman & Schmieg, A lfon v for Plaintiff By: - ? L rhele Phelan, sq., Id. No. 3 227 F allman, Esq., Id. No. -695 D hmieg, Esq., Id. N . 62205 MBradford, Esq., Id. No. 69849 ? Ju Ath T. Romano, Esq., Id. No. 58745 heetal R. Shah-Jani, Esq., Id. No. 81760 Jennie R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 20-23-31 ? 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 Date: 9-1-1 PHS #: 245135 FILED-OFFICE Or THE PROTHONOTARY 2010 SAP 17 AM 10: 55 CUMBERLAND COUNTY PENNSYLVANIA 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, D/B/A ERA MORTGAGE VS. Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION DEBORAH A. HUNSICKER No. 2010-05055 . r/y.d e? d afi 245135 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 DEBORAH A. HUNSICKER, 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 $71,494.39 Interest - 07/17/2010 to 09/15/2010 $727.73 TOTAL $72,222.12 I hereby certify that (1) the Defendant's last known address is 1180 & 1182 OYSTER MILL ROAD, CAMP HILL, PA 17011, and (2) that notice has been given in accordance with Rule 237.1, copy attached. I. / U Lawr T. Phelan, sq., Id. No. 32227 ? Fran is . Hallinan, sq., Id. No. 62695 ? Daniel . Schmi , Esq., Id. No. 62205 ? Michele dford, 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 DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: Qib - 17 CMI6 PHS # 245135 PROTHO TARY 245135 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, D/B/A ERA MORTGAGE VS. DEBORAH A. HUNSICKER Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 2010-05055 245135 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 DEBORAH A. HUNSICKER is over 18 years of age and her last known residence is 1180 & 1182 OYSTER MILL ROAD, CAMP HILL, PA 17011. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: l? v T. Phela, Esq., Id. No. 32227 Hallinari Esq., Id. No. 62695 LJ Daniel Schmi , Esq., Id. No. 62205 ? Michele dford, 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 ? hrisovalante 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 245135 (Rule of Civil Procedure No. 236) - Revised PHH MORTGAGE CORPORATION, DB/A CUMBERLAND COUNTY ERA MORTGAGE COURT OF COMMON PLEAS VS. DEBORAH A. HUNSICKER : CIVIL DIVISION No. 2010-05055 Notice is given that a Judgment in the above captioned matter has been entered against you on Jcegt B16 --r 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 ? 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 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 PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONLY ENFORCEMENT OFA LIEN AGAINS T PROPERTY. ** 245135 A PHH MORTGAGE CORPORATION, DB/A ERA MORTGAGE Plaintiff V. DEBORAH A. HUNSICKER Defendant(s) TO: DEBORAH A. HUNSICKER 1180 & 1182 OYSTER MILL ROAD CAMP HILL, PA 17011 DATE OF NOTICE: September 3, 2010 COURT OF COMMON PLEAS CIVIL DIVISON NO. 2010-05055 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. 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. PHS # 245135 .? IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 ,--(717)249-3166 IiK 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 # 245135 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 PHH MORTGAGE CORPORATION, DB/A ERA MORTGAGE COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v DEBORAH A. HUNSICKER Defendant(s) N0.:2010-05055 CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 09/16/2010 to Date of Sale ($12.04 per diem) TOTAL ~ a ~. oo P Q ATM Ilo.so G's~ aa.oo ,. I~. oo •• a•so `• ~ a~3.oo - Pn R`m1 ~ a• oo fJue ~o • 50 Ll. Note: Please attach description of property. PHS # 245135 ~~ loat~801 ~* x50318 c-~ -~-, ~" ~;~, , $72,222.12 - :: ~~ r- 2 022.72 7~~ c, ----4 -~ <-~ 4.._.a _~ ;..~ ~a Q 74 244.84 --~ Attorney laintiff Phelan Hallinan. & Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ^ 7udith T. Romano, Esq., Id. No. 58745 ^ Shee R. Shah-Jani, Esq., Id. No. 81760 ^ Je a R. Davey, Esq., Id. No. 87077 uren R. Tabas, Esq., Id. No: 93337 Vivek.Srivastava, Esq., Id. No, 202331 ^ JayB. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett; Esq., Id. No. 208375 ~;_~ uk~ c.n c~~ =-i n~ :~ ~ ~~ ~ ca ~- ~~ min :n R.~ Writ .~.~/ W L7 d ~~ A a w~ o a z o pQ.~ ~ P4 O~ 4 U O~ ~ H~ O a, ~~ ~ U a ~ Q O ~ ~ ~~.+ T ~+ `F, ~. cC '"~ ~' O ~ ~ ~ ~j.d sy O a x~~ 3 ~ -~ x ~oZ A~~ d oy `^ . ~ QOM' Oa '~ r„ O NwN~rd..O4r Mht c^"ooG,^d~ oZ V cNn ~,Np G ~ O ~ ~N ~~ ZZ~ ZZ W xoz ~o ~ .~ yc.., azzz vz~ o~z~'z ° °w °~ O o w ~'.~cw crw ~ o,oN-..b ~ww'~w ~~ U L ~ ~w moo, a~Ww ~ ~W;> ~a"~A c ~~ ~ ~ ~ ~' vw ~ N o~ > A a Phelan Hallinan &Schmieg, LLP , 1617 JFK Boulevard Suite 1400 ~~~ ~ ~ - O ~ F I C E One Penn Center Plaza QF ~cb P~QTE'Qi~QTARY Philadelphia, PA 19103 215-563-7000 ~ ~' ~ ~~~~ ~ ~ ~{~~ ~ ~ ~ ~ ~ CI'~~~'„ r,~~~Q C~'~JP1TY PHH MORTGAGE CORPORATION~$t~,i'~APORTGAGE Plaintiff v. DEBORAH A. HUNSICKER Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS CIVIL DIVISION NO.:2010-05055 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: Attorney for Plaints 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 ^ Je a 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. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 [] Andrew C. Bramblett, Esq., Id. No. 208375 PHH MORTGAGE CORPORATION, DB/A ERA MORTGAGE Plaintiff ~~ v. ~ DEBORAH A. HUNSICKER Defendant(s) Name and address of Owner(s) or reputed Owner(s): Name PHS # 245135 AFFIDAVIT PURSUANT TO RULE 3124.1 PHH MORTGAGE CORPORATION, DB/A ERA MORTGAGE, 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 1180 & 1182 OYSTER MILL ROAD, CAMP HILL, PA 17011. _~.. 1 2. 3. 4. 5 6. DEBORAH A. HUNSICKER Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE COURT OF COMMON PLEAS CIVIL DIVISION N0.:2010-05055 CUMBERLAND COUNTY Address (if address cannot be reasonably ascertained, please so indicate) 1180 & 1182 OYSTER MII.L ROAD CAMP HILL, PA 17011 Address (if address cannot be reasonably ascertained, please so indicate) C: C7 ~ 'T1 ._ ._.,~ ~-'T{ ~ `~` C rj ~ ~ ~ . l ~ ~;, ~ -~ ~ ~„ ~ .. --~ c_r, ~ -G ~' -C Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name t~ 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 DEBORAH HUNSICKER CIO JEANNE COSTOPOULOS,ESQ. Address (if address cannot be reasonably ascertained, please indicate) 1180 & 1182 OYSTER MILL ROAD CAMP HILL, PA 17011 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 130 GETTYSBURG PK, 5TE C MECHANICSBURG, PA 170555 COMMONWEALTH OF PENNSYLVANIA BUREAU ATTN: JOHN MURPHY OF INDNIDUAL TAX INHERITANCE TAX 6~ FLOOR, STRAWBERRY SQ., DEPT 280601 DNISIO N HARRISBURG, PA 17128 DEPARTMENT OF PUBLIC WELFARE TPL P.O. BOX 8486 CASUALTY UNIT ESTATE RECOVERY PROGRAM WILLOW OAK BUILDING HARRISBURG, PA 17105-15222 U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FEDERAL BUILDING, PO BOX 11754 FOR THE MIDDLE DISTRICT OF PA 228 WALNUT STREET HARRISBURG, PA 17108 I verify that the statements made in this affidavit are true and correct to the bes my personal knowledge or information and belief. understand that false statements herein are made subject to the penalties of 18 Pa. C.S 904 lating to unsworn falsification to authorities. October 25, 2010 By: Attorney for Plainti 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 ^ She 1 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 ^ 3ay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R, Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 PHH MORTGAGE CORPORATION, DB/A ERA COURT OF COMMON PLEAS MORTGAGE . CIVIL DIVISION Plaintiff NO.:2010-05055 vs. "" DEBORAH A. HUNSICKER : CUMBERLAND CO~UN~Y ~ Defendant(s) ~,, ~.-7 y-n ca cn { ~;~ro c ~ -~ ~-n NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ~ , ~ -~'` ,~ ca v~ rn r ._, .-~t d TO: DEBORAH A. HUNSICKER ~~ ~ ~._.. 1180 & 1182 OYSTER MILL ROAD -~ c:~ ._-:- ~ G . CAMP HILL, PA 17011 v * * 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 1180 & 1182 OYSTER MILL ROAD, CAMP HILL, PA 17011 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 $72,222.12 obtained by PHH MORTGAGE CORPORATION, DB/A ERA MORTGAGE (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 b~ able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the valt~ of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution N0.2010-05055 PHH MORTGAGE CORPORATION, D/B/A ERA MORTGAGE vs. DEBORAH A. HUNSICKER owner(s) of property situate in the TOWNSHIP OF EAST PENNSBORO, Cumberland County, Pennsylvania, being (Municipality) 1180 & 1182 OYSTER MILL ROAD, CAMP HILL, PA 17011 Parcel No. 09-16-1054-057, 09004482 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $72,222.12 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 y LEGAL DESCRIPTION ALL the following described tracts of land situate in East Pennsboro Township in the County of Cumberland, State of Pennsylvania to wit: TRACT NO.1: BEGINNING at an iron pin at the corner of land late of Norman S. Shade and low water mark of the Conodoguinet Creek; thence northwardly along the course of said Creek 100 feet to an iron pin at low water mark in said Creek; thence eastwardly along land late of Edward B. McClune 259 feet to an iron pin; thence southwardly along land late of Jacob Kohler 84 feet to an iron pin; thence westwardly along land late of Norman S. Shade 280 feet to an iron pin, the place of BEGINNING. HAVING THEREON ERECTED a frame cottage known as 1182 Oyster Mill Road, Camp Hill, Pennsylvania. UNDER AND SUBJECT to restrictions and reservations as set forth in Deed Book L-14, Page 501. TRACT N0.2: BEGINNING at a point on the eastern line of the Conodoguinet Creek at the southern line of lands now or formerly of Jacob Kohler Estate; thence along line of said lands, South 81 degrees East, 199 feet to bolt; thence continuing along the. same, South 03 degrees O 1 minute East, 84 feet to a point at line of lands now or formerly of Harriet A. Rosenberger; thence along line of said lands, North 86 degrees 09 minutes West, 216 feet to a point on the eastern side of the Conodoguinet Creek; thence along said Creek, North 08 degrees 14 minutes East, 101.56 feet to a point, the place of BEGINNING. SAID TRACT No.2 being described in accordance with a survey by D. P. Raffensperger Associates dated April 10, 1978, which said survey is a consolidation of two tracts from a previous deed. Said survey is recorded with Record Book 27-U, Page 516. UNDER AND SUBJECT to restrictions and reservations as set forth in Record Book 27-U, Page 516. TITLE TO SAID PREMISES VESTED IlV Deborah A. Hunsicker, by Deed from Craig Barnhart, executor under the Last Will and Testament of Dick S. Barnhart, deceased, dated 10/04/2004, recorded 10/11/2004 in Book 265, Page 3411. PREMISES BEING: 1180 & 1182 OYSTER MII~L ROAD, CAMP HII.L, PA -17011 PARCEL N0.09-16-1054-057, 09004482 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-5055 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION, d/b/a ERA MORTGAGE, Plaintiff (s) From DEBORAH A. HUNSICKER (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 $72,222.12 L.L.$.50 Interest from 9!16/10 to Date of Sale @ ($12.04 per diem) -- $2,022.72 Atty's Comm % Due Prothy $2.00 Atty Paid $243.00 Plaintiff Paid Date: 10/27/10 (Sell) Other Costs 1 David D. Buell, Prothonotary By: Deputy REQUESTING PARTY: Name: VIVEK SRIVASTAVA, 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. 202331 cJ10 DEC 16 All! 4" CUMBERLAND PENN-0YLVA1 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 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION, D/B/A ERA MORTGAGE Plaintiff Court of Common Pleas Civil Division V. CUMBERLAND County DEBORAH A. HUNSICKER No.: 2010-05055 Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES 245135 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: 1. Plaintiff commenced this foreclosure action by filing a Complaint on August 2, 2010. 2. Judgment was entered on September 17, 2010 in the amount of $72,222.12. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on March 2, 2011. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through March 2, 2011 Per Diem $11.93 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $68,702.27 $4,367.69 $396.24 $1,300.00 $817.75 $0.00 $80.75 $0.00 $280.00 $0.00 ($0.00) $3,253.24 $79,197.94 245135 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 Defendant. 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 December 8, 2010 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. 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 "B". 10. No judge has previously entered a ruling in this case. 245135 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: 17, l5" (l 10 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 ,.f?tCourtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 245135 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 1. 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, D/B/A ERA MORTGAGE Plaintiff V. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County DEBORAH A. HUNSICKER No.: 2010-05055 Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 245135 I. BACKGROUND OF CASE DEBORAH A. HUNSICKER executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 1180 & 1182 OYSTER MILL ROAD, CAMP HILL, PA 17011. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase 245135 Home Mortgage Corporation of the Southwest v Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa. Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal 245135 and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount 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 dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be 245135 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. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten 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 of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicoro v. Morrisville 245135 Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its 245135 foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. 245135 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: l? 1(6-1 ("0 By: LJ Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ourtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 Attorney for Plaintiff 245135 i? Exhibit "A" 245135 FILED-OFFICE OF THE PROTHONOTARY 2010 SEP 17 AM 10*, 55 0 PENNd YIVANIA TY 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, D/B/A ERA MORTGAGE VS. DEBORAH A. HUNSICKER sV i Attorney for Plaintiff AT l n i '1 1 i 1 P1 "' CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION ATTORNEY PILE COPY PLEASE RETURN No. 2010-05055 45135 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 DEBORAH A. HUNSICKER, 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 $71,494.39 Interest - 07/17/2010 to 09/15/2010 7$ 27.73 TOTAL $72,222.12 I hereby certify that (1) the Defendant's last known address is 1180 & 1182 OYSTER MILL ROAD, CAMP HILL, PA 17011, and (2) that notice has been given in accordance with Rule 237. 1., copy attached. /, /,-1 /1 nan,sq., . Phelan, sq., Id. No. 32227 U Lawr tHcalli ? Fran is Id. No. 62695 Daniel hmi Esq., Id. No. 62205 ? Michelford, 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 DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PH5 # 245135 PROTHONOTARY 245135 Exhibit "B" 245135 S a? W o z? U ? a0a c ? C? y QOD zeo 0 ?o y U c o c ';. o 'v v o y ? c v r 00 E ? ? u E c d `? w E ? G Lv - U N E ? a o w ._ o c a Y, ? ? N L SOO V vV y v E w ? o y d c C ? 1 ? V U 5Nq N !N N 'O V ? V W ?r R ffi a.? d, / 1 vi 0. _T R ?/ r N c o ? M?M r? O W a > O C o F w Q ° ISM R m a p U ?voo A D J W ?? ?D?z O ? x p ? j z o c a, w z w 3 a a ° O Q p ? a W o '" c ? z a z ? ? 3 a o a 00 M CIA W) + ..w N M ..r ? E + •-? N .r a W a a a a 0. ?. 'ba U U U U z z 0-0 z z ,? ? x x x V V ? p p E e6 ? ? c a z A A A o -M,u F? M M R M M z 7 U N N N N ,?+ ? C/1 Vl V? C/] o y E y , °a z ,o o Fa W) M 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 Representing Lenders in Pennsylvania and New Jersey December 8, 2010 DEBORAH A. HUNSICKER 1180 & 1182 OYSTER MILL ROAD CAMP HILL, PA 17011 RE: PHH MORTGAGE CORPORATION, D/B/A ERA MORTGAGE v. DEBORAH A. HUNSICKER Premises Address: 1180 & 1182 OYSTER MILL ROAD CAMP HILL, PA 17011 CUMBERLAND County CCP, No. 2010-05055 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3 (9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by December 13, 2010. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, 'Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire 245.135 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 Allison F. Wells, Esquire Enclosure 245135 VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: f610 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 1. 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 ATTORNEY FOR PLAINTIFF 245135 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, D/B/A ERA Court of Common Pleas MORTGAGE Plaintiff Civil Division V. CUMBERLAND County DEBORAH A. HUNSICKER No.: 2010-05055 Defendant CERTIFICATION OF SERVICE 245135 I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. DEBORAH A. HUNSICKER DEBORAH A. HUNSICKER 1182 OYSTER MILL ROAD 225 WYOMIA AVENUE CAMP HILL, PA 17011 ELONA, PA 17020 DEBORAH A. HUNSICKER DEBORAH A. HUNSICKER 1320 LINGLESTOWN ROAD 1156 OYSTER MILL ROAD HARRISBURG, PA 17110 CAMP HILL, PA 17011 DEBORAH A. HUNSICKER 1180 OYSTER MILL ROAD CAMP HILL, PA 17011 Phelan Hallinan & Schmieg, LLP DATE: 17 j[LV 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 ATTORNEY FOR PLAINTIFF 245135 PHH MORTGAGE CORPORATION, d/b/a ERA MORTGAGE, PLAINTIFF V. DEBORAH A. HUNSICKER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-5055 CIVIL ORDER OF COURT AND NOW, this 21St day of December, 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 Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before January 10, 2011; 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 Defendant files 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. c ? Courtenay R. Dunn, Esquire Attorney for Plaintiff ©. m rn M ,,-?elborah Hunsicker. ;n ;;v C-s r- Defendant' .0 ? bas ='- 0=0' ! ?? ?' S' _r c,n 70 14.-1,1116 FILED-OFFICE OF THE PROTHONOTARY 2010 DEC 29 AM 10* 15 CUMBERLAND COUNTY 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, D/B/A ERA Court of Common Pleas MORTGAGE Plaintiff Civil Division V. CUMBERLAND County DEBORAH A. HUNSICKER No.: 2010-05055 Defendant CERTIFICATION OF SERVICE 245135 I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of January 10, 2011 was sent to the following individual on the date indicated below. DEBORAH A. HUNSICKER 1182 OYSTER MILL ROAD CAMP HILL, PA 17011 DEBORAH A. HUNSICKER 1320 LINGLESTOWN ROAD HARRISBURG, PA 17110 DEBORAH A. HUNSICKER 1180 OYSTER MILL ROAD CAMP HILL, PA 17011 DATE: DEBORAH A. HUNSICKER 225 WYOMIA AVENUE ELONA, PA 17020 DEBORAH A. HUNSICKER 1156 OYSTER MILL ROAD CAMP HILL, PA 17011 Hallinan & S By: nee T. Phelan, Esq.,/. No. 32227 s S. Hallinan, Esq d. No. 62695 Lj D iel G. Sehmieg, Esq., Id. No. 62205 ? ichele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 EYSheetal 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 ATTORNEY FOR PLAINTIFF 245135 FILED-OFFICE OF THE PROTHONOTARY 2011 J i 36 ;; .??'. t CLIMB- T p,.' ..:. Y L" 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, DB/A ERA Court of Common Pleas MORTGAGE Plaintiff Civil Division V. CUMBERLAND County DEBORAH A. HUNSICKER No.: 2010-05055 Defendant MOTION TO MAKE RULE ABSOLUTE 245135 PHH MORTGAGE CORPORATION, DB/A ERA MORTGAGE, 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: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on December 16, 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 December 8, 2010 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. True and correct copies of Plaintiff's letter pursuant to Local Rule 208.3(9) and certificate 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 December 21, 2010 directing the Defendant 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 December 28, 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. Defendant failed to respond or otherwise plead by the Rule Returnable date of January 10, 2011. 245135 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: By: ? a ence T. Phelan, Esq., Id. No. 32227 ? Fr cis S. Hallinan, Esq., Id. No. 62695 ? aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 245135 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 TTORNEY 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, D/B/A ERA Court of Common Pleas MORTGAGE Plaintiff Civil Division V. CUMBERLAND County DEBORAH A. HUNSICKER No.: 2010-05055 Defendant BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE 245135 A Motion to Reassess Damages was filed with the Court on December 16, 2010. A Rule was entered by the Court on or about December 21, 2010 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on December 28, 2010 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of January 10, 2011. 245135 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 du By: _ &" ? Lawrence T. Phelan, , Id. No.-3 ? Francis S. Hallinan, Esq., Id. No. 6269 ? D6nieI 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 ATTORNEY FOR PLAINTIFF 245135 Exhibit "A" 245135 S r-W O U?v z ?o a v ?" h 17 ? C ze`o y?y R pp SF ? b H C7 a '? msg. d , x U o?o?N ° u e cc? O Vi ? ? A u ? ? ?. g a W p V d W ? W z O x ? w 0 oNO ? V E" b g W N W M ? tn ••? W a un rtiC rY. f ^.? ?. ? u u v u z z ,? x x x x ? 'd ? 4 Q t z A o a - I a N M M M M N N eq N N N v 6 off, a a o0, ° M_ kn N PHELAN HALLINAN & S CHMIEG, LLP 161.7 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 191.03 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey December 8, 2010 DEBORAH A. HUNSICKER 1180 & 1182 OYSTER MILL ROAD CAMP HILL, PA 17011 RE: PHH MORTGAGE CORPORATION, D/B/A ERA MORTGAGE v. DEBORAH A. HUNSICKER Premises Address: 1180& 1182 OYSTER MILL ROAD CAMP HILL, PA 17011 CUMBERLAND County CCP, No. 2010-05055 Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by December 13, 2010. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly ors, "Iswren ;e T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire 245,135 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 Allison F. Wells, Esquire Enclosure 245135 Exhibit "B" 245135 PHH MORTGAGE CORPORATION, IN THE COURT OF COMMON PLEAS OF d/b/a ERA MORTGAGE, CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. DEBORAH A. HUNSICKER DEFENDANT NO. 10-5055 CIVIL ORDER OF COURT AND NOW, this 21St day of December, 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 Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before January 10, 2011; 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 Defendant files 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, N?? kAA\ 11 M. L. Ebert, Jr., J. Courtenay R. Dunn, Esquire Attorney for Plaintiff Deborah Hunsicker. Defendant bas Exhibit "C" 245135 FILED-Ofr'OE of THE PROTHONOTARY 2010 DCG Z9 R,110, l 6 CU ?E?E????;ILVAN l TY A 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,. 6220 ? Michele M. Bradford, Esq., I#A 9 Judith T. Romano, Esq., Id. No. 45 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq.., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 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 And- C B bl E ATTORNEY FOR PLAINTIFF ew . ram ett, sq., 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, D/B/A ERA Court of Common Pleas MORTGAGE Plaintiff Civil Division V. CUMBERLAND County DEBORAH A. HUNSICKER No.: 2010-05055 Defendant CERTIFICATION OF SERVICE ONO 245135 I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of January 10, 2011 was sent to the following individual on the date indicated below. DEBORAH A. HUNSICKER klt.? DEBORAH A. HUNSICKER 1182 OYSTER MILL ROW ,'V»? 225 WYOMIA AVENUE CAMP HILL, PA 1701 P? Q• G? ELONA, PA 17020 DEBORAH A. HUNSICKER 1320 LINGLESTOWN ROAD HARRISBURG, PA 17110 DEBORAH A. HUNSICKER 1180 OYSTER MILL ROAD CAMP HILL, PA 17011 DATE: o? 0 DEBORAH A. HUNSICKER 1156 OYSTER MILL ROAD CAMP HILL, PA 17011 Hallinan & By: a Va?vrence T: Phelan, Esq,, . No. 32227 r eis.S. Hallinan, Es d. No. 62695 D ietG. Schmieg, Esq., Id. No. 62205 ichele 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 I. Goldman, Esq., Id. N 205047 ? Courtenay R. Dunn, Esq., o. 206779 ? Andrew C. Bramblett, l i .; d"-No. 208375 ? Allison F. Wells, Ekl'., Id. No. 309519 A"I'TORNEY FOR?;PLAINTIFF 245135 VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. DATE: Hallinan & Schmieg, LLP AC_ IA. n By: lJ Ea*r nce T. Phelan, $sq., I . 2227 ? Fr cis S. Hallinan, Esq., Id. No. 626 ? iel 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 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 245135 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, DB/A ERA Court of Common Pleas MORTGAGE Plaintiff Civil Division V. CUMBERLAND County DEBORAH A. HUNSICKER No.: 2010-05055 Defendant CERTIFICATION OF SERVICE 245135 I hereby certify that true and correct copies of Plaintiff s Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individual on the date indicated below. DEBORAH A. HUNSICKER DEBORAH A. HUNSICKER 1182 OYSTER MILL ROAD 225 WYOMIA AVENUE CAMP HILL, PA 17011 ELONA, PA 17020 DEBORAH A. HUNSICKER DEBORAH A. HUNSICKER 1320 LINGLESTOWN ROAD 1156 OYSTER MILL ROAD HARRISBURG, PA 17110 CAMP HILL, PA 17011 DEBORAH A. HUNSICKER 1180 OYSTER MILL ROAD CAMP HILL, PA 17011 Phelan Hallinan & Schmieg, LLP DATE: By: ? ence T. Phelan, Es , Id. 27 ? Fr cis S. Hallinan, Esq., Id. No. 62695 ? aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 245135 Z OF THEL%OFFICE T' ARY 1011 JAN 24 AN 9= 4 7 z CUMBERLAND COUNTY ? PENNSYLVANIA: rv Cn IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION, D/B/A ERA Court of Common Pleas MORTGAGE V. Plaintiff Civil Division CUMBERLAND County DEBORAH A. HUNSICKER Defendant No.: 2010-05055 ORDER AND NOW, this ?y day of 4W, , 2011, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant 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 $68,702.27 Interest Through March 2, 2011 $4,367.69 Per Diem $11.93 Late Charges $396.24 Legal fees $1,300.00 Cost of Suit and Title $817.75 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $80.75 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $280.00 Private Mortgage Insurance 245135 v Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $79,197.94 Plus interest from March 2, 2011 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT J. 245135 ??he HodI rao -4 Qchm ie9 , LLP ?i led Deberah A . Hunsicker, ?t Npies M $0.00 ($0.00) $3,253.24 245135 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION, DB/A ERA CUMBERLAND COUNTY MORTGAGE Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION _ all C_ DEBORAH A. HUNSICKER No.: 10-5055 rnrn M Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 r- " q ?C) COMMONWEALTH OF PENNSYLVANIA ) C PHILADELPHIA COUNTY ) SS: s'' .. 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, et fort on the Affidavit and as amended if applicable. A copy of the Certificate of Mailin (For 38 7) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is ttach ereto Exhibit "A". 1 Date: 1\ ?Lhawrence T. Phelan, Esq., Ifl. N9!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 ? me 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 ? Allison F. Wells, Esq., Id. No. 309519 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 245135 PHII MORTGAGE CORPORATION, DB/A ERA MORTGAGE 'Plaintiff v. DEBORAH A. HUNSICKER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 2010-05055 CUMBERLAND COUNTY PHS # 245135 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 PHH MORTGAGE CORPORATION, DB/A ERA MORTGAGE, 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 1180 & 1182 OYSTER MILL ROAD, CAMP HILL, PA 17011. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) DEBORAH A. HUNSICKER 1180 & 1182 OYSTER MILL ROAD CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7` Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 1180 & 1182 OYSTER MILL ROAD CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA DEBORAH HUNSICKER C/O JEANNE COSTOPOULOS, ESQ. 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 130 GETTYSBURG PK, STE C MECHANICSBURG, PA 170555 COMMONWEALTH OF PENNSYLVANIA BUREAU ATTN: JOHN MURPHY OF INDIVIDUAL TAX INHERITANCE TAX 6TH FLOOR, STRAWBERRY SQ., DEPT 280601 DIVISIO N HARRISBURG, PA 17128 DEPARTMENT OF PUBLIC WELFARE TPL P.O. BOX 8486 CASUALTY UNIT ESTATE RECOVERY PROGRAM WILLOW OAK BUILDING HARRISBURG, PA 17105-15222 U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FEDERAL BUILDING, PO BOX 11754 FOR THE MIDDLE DISTRICT OF PA 228 WALNUT STREET HARRISBURG, PA 17108 GEORGE HUNSICKER 1156 OYSTER MILL ROAD CAMP HILL, PA 17011-1058 I verify that the statements made in this affidavit are true understand that false statements herein are made subject to the pen offectAo thk best of my personal knowledge or information and belief. I of 18 a S.A. § 4904 relating to unswo??n to authorities. Janu 2011 / By: fWan 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 enine 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 r W N O C x F '38 a? f????yyy •? M a t y zao B w £ O L 5 L 3aoo dIZ WOHA a:nItlW CD OWZ LZIOO 99ZLLW40Z0 ?• _ 081'£0 LAN E (au z o p as w a kn: _ W (f°y? ? ? o ° •? E en ? •l °? PCs 5 7? Oe ? w d a .p •? C A" .mow ? ? ? ? .•r a a b? d., U GO ?a ? ? ? ??'t%? CL,,w°ar ? ? ?N ? w?CQ ,r?w O"".r, ??•l O?.r. dM o °' w u .i °?' Vt7 C a5 ?e d ? rA d 46 u ?°? ?? 0.l3 OCI.3! B ?a? ?d ?°3• ?W °? WOG ? e?C W? 8 Oz o WNx 0 W,.? ? Op? ? ?? AAW `? ,? F s j « ? ? ? f •s J v z .? N e7 Q N ?O l? 00 O? O .r N t7 'V' vn l 8f'r- f.., f 'b H N F ?o 7 N ? o ro [NO? 0 xo A? g ro a ? y w ' 0 N ?p'p 0 < S ? G C C C ?i ? Oy pP p p Qy o c. $' ? tzl a rs5i3e`o R o? Ni"aAl n ?,.R B A A H Q viIAlwlNl.•1I8I,0 100 1-4IMIthIA 7F * Ih IF * IF %• 7F IF * IF %• 7f >f >f IF 7F A' >!• M' 7F IF IF %• IF IF IF IF tF IF IF IF ?F IF IF ?F 7f 1F ? * 1F IF 1F IF IF 1F ?F ?F v r? td a z A y a W x N A W r w N ?-?' n' * ? ? co M a~C??1A??A~l7m ???bozbo?o ;,d 7d?r+t?i??lsl?d a 4b?nb?ny " F>X4 or ?r ?r a ?7dy?7oy; ?d o o d d m 44, ?o?or?or?v? f?J R. ® R @@PPITNEY ROWES 02 IM ' 0 704277256 ,I 018 2011 260 • MAILED FROM ZIP CODE 19103 OTJ CD CD 0 a rA `' a AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY PHH MORTGAGE CORPORATION, Ih/B/A ERA MORTGAGE PHS # 245135 DEFENDANT DEBORAH A. HUNSICKER SERVE DEBORAH A. HUNSICKER A 225 WYOMING AVE ENOLA, PA 17025-2433 Served and made known to DEBORA 3:1 , o'clock P.M., at S W1 Defendant personally served. - Adult family member with whom E Relationship is - Adult in charge of Defendant's resit - Manager/Clerk of place of lodging - Agent or person in charge of Defen, _ an officer of sai, Other: SERVICE TEAM/ lace t 'l C COURT NO.: 10-5055 W :% - ("tit er TYPE OF ACTION Z " =a XX Notice of Sheriff's Sale Wit SALE DATE: 03/02/2011 -< <© l 7 SERVED 7 C ) C5 - ... ?a KER , Defendant on the A?day of 64WAIQ , at iatAj DA, in the manner described below: --t 4, s) reside(s). nce who refused to give name or relationship. which Defendant(s) reside(s). alt's office or usual place of business. Defendant's company. Description: Age A?? s Height ?I Weight 135 Race W Sex F Other I, ip&N?D / 4 0 (A- a compeyent adult, being duly sworn according to law, depose and state that I personally P handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed FK ;URLY C13 1 before me this Ift'day YT;'1Y ;3U8! R: Ej 16 ., 20 iil ?? W ;; RSEY of ^?N E','>?RE 1 MARCH 7, 2013 Notary: y: _ NOT SERVED On the da of 20 !at o'clock_. M., Defendant NOT FOUND because: Ues Not 4st _ No Answer on at Service Refused Other: Sworn to and subscribed before me this day of I . By: Notary: _ Moved _ Does Not Reside (Not Vacant) at ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq, Id. No. 32227 Franca S. Halls my 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 Jennie 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 Chr sovalante P. Fliakos, Esq., Id. No. 94620 Joshua L 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 William E. Miller, Esq Id. No.308951 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd, Suite 1400 Philadelphia, PA 19103-1814 (215)563.7000 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ED F F f T HE P v? Sheriff "? I''f Ll?;% ; t P ; Jody S Smith Chief Deputy Richard W Stewart Solicitor ?kr???„ ?1 ? atarstt?? r JUL -5 PM 2: .CUMSE,?LAND COUt'1`' PENP.SYLVA141 PHH Mortgage Corporation vs. Deborah A. Hunsicker Case Number 2010-5055 SHERIFF'S RETURN OF SERVICE 12/30/2010 03:51 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 1180 & 1182 Oyster Mill Road, Camp Hill, PA 17011, Cumberland County. 01/21/2011 04:08 PM - Deputy Ryan Burgett, 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 Jason Potts (Tenant) who accepted as "Adult Person in Charge" for Deborah A. Hunsicker at 1180 & 1182 Oyster Mill Road, East Pennsboro Township, Camp Hill, PA 17011, Cumberland County. 02/25/2011 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 5/4/2011 05/02/2011 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 7/6/2011 07/05/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $730.34 SO ANSWERS, July 05, 2011 RON R ANDERSON, SHERIFF r t PHH MORTGAGE CORPORATION, D/B/A ERA MORTGAGE COURT OF COMMON PLEAS Plaintiff ?. CIVIL DIVISION NO.: 2010-05055 DEBORAH A. HUNSICKER Defendant(s) CUMBERLAND COUNTY PHS # 245135 AFFIDAVIT PURSUANT TO RULE 3129.1 PHH MORTGAGE CORPORATION, DB/A ERA MORTGAGE, 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 1180 & 1182 OYSTER MILL ROAD, CAN11P HILL, PA 17011. I . Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably DEBORAH A. HUNSICKER 2. Name and address of Defendant(s) in the judgment: Name ascertained, please so indicate) 1180 & 1182 OYSTER MILL ROAD CAMP HILL, PA 17011 Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: "Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. 'Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sate: Namc r Address (if address cannot be 1" 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 DEBORAH HUNSICKER C/O JEANNE COSTOPOULOS, ESQ. 1180 & 1182 OYSTER MILL ROAD CAMP HILL, PA 17011 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 130 GETTYSBURG PK, STE C MECHANICSBURG, PA 170555 COMMONWEALTH OF PENNSYLVANIA BUREAU ATTN: JOHN MURPHY OF INDIVIDUAL TAX INHERITANCE TAX 6TH FLOOR, STRAWBERRY SQ., DEPT 280601 DIVISIO N HARRISBURG, PA 17128 DEPARTMENT' OF PUBLIC WELFARE TPL P.O. BOX 8486 CASUALTY UNIT ESTATE RECOVERY PROGRAM WILLOW OAK BUILDING HARRISBURG, PA 17105-15222 U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FEDERAL BUILDING, PO BOX 11754 FOR THE MIDDLE DISTRICT OF PA 228 WALNUT STREET HARRISBURG, PA 17108 I verify that the statements made in this affidavit are true and correct to the bes f my personal knowledge or information and belief. understand that false statements herein are made subject to the penalties of 18 Pa. C.S 4904 lating to unsworn falsification to authorities. October 25, 2010 By Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? She 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. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 PHH MORTGAGE CORPORATION, DB/A ERA COURT OF COMMON PLEAS MORTGAGE Plaintiff VS. : CIVIL DIVISION : NO.: 2010-05055 DEBORAH A. HUNSICKER : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DEBORAH A. HUNSICKER 1180 & 1182 OYSTER MILL, ROAD ("AMP HILL, PA 17011 * *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 1180 & 1182 OYSTER MILL ROAD, CAMP HILL, PA 17011 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 $72,222.12 obtained by PHH MORTGAGE CORPORATION, DB/A ERA MORTGAGE (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 21.5-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 2010-05055 PHH MORTGAGE CORPORATION, DB/A ERA MORTGAGE vs DEBORAH A. HUNSICKER owner(s) of property situate in the TOWNSHIP OF EAST PENNSBORO, Cumberland County, Pennsylvania, being (Municipality) 1180 & 1182 OYSTER MILL ROAD CAMP HILL PA 17011 Parcel No. 09-16-1054-057,09004482 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $72,222.12 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION p,LL the following described tracts of land situate in East Pennsboro Township in the County of Cumberland, State of Pennsylvania to wit: TRACT NO. 1: BEGINNING at an iron pin at the corner of land late of Norman S. Shade and low water mark of the Conodoguinet Creek; thence northwardly along the course of said Creek 100 feet to an iron pin at low water mark in said Creek; thence eastwardly along land late of Edward B. McClune 259 feet to an iron pin; thence southwardly along land late of Jacob Kohler 84 feet to an iron pin; thence westwardly along land late of Norman S. Shade 280 feet to an iron pin, the place of BEGINNING. I IAVING THEREON ERECTED a frame cottage known as 1182 Oyster Mill Road, Camp Hill, Pennsylvania. UNDER AND SUBJECT to restrictions and reservations as set forth in Deed Book L-14, Page 501. TRACT NO.2: BEGINNING at a point on the eastern line of the Conodoguinet Creek at the southern line of lands now or formerly of Jacob Kohler Estate; thence along line of said lands, South 81 degrees East, 199 feet to bolt; thence continuing along the same, South 03 degrees 01 minute East, 84 feet to a point at line of lands now or formerly of Harriet A. Rosenberger; thence along line of said lands, North 86 degrees 09 minutes West, 216 feet to a point on the eastern side of the Conodogumet Creek; thence along said Creek, North 08 degrees 14 minutes East, 101.56 feet to a point, the place of BEGINNING. SAID TRACT No.2 being described in accordance with a survey by D. P. Raffensperger Associates dated April 10, 1978, which said survey is a consolidation of two tracts from a previous deed. Said survey is recorded with Record Book 27-U, Page 516. UNDER AND SUBJECT to restrictions and reservations as set forth in Record Book 27-U, Page 516. TITLE TO SAID PREMISES VESTED M Deborah A. Hunsicker, by Deed from Craig Barnhart, executor under the Last Will and Testament of Dick S. Barnhart, deceased, dated 10/04/2004, recorded 10/ 1 1 /2004 in Book 265, Page 3411. PREMISES BEING: 1180 & 1182 OYSTER MILL ROAD, CAMP HILL, PA 17011 PARCEL NO. 09-16-1054-057, 09004482 WRIT 6F EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-5055 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHU MORTGAGE CORPORATION, d/b/a ERA MORTGAGE, Plaintiff (s) From DEBORAH A. HUNSICKER (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 $72,222.12 L. L.$.50 Interest from 9/16/10 to Date of Sale @ ($12.04 per diem) -- $2,022.72 Atty's Comm % Due Prothy $2.00 Atty Paid $243.00 Other Costs Plaintiff Paid Date: 10/27,110 David D. Bue , Prothonotary (Seal) By. Deputy REQUESTING PARTY: Name: VIVEK SRIVASTAVA, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 'TRUE COPY FROM RECORD whereof, I here unto set my hold ?T ? of said Court at Cam, Pa Supreme Court ID No. 202331 On November -212. 20 10 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, t'itmberland County, PA, Known and numbered as 1180 & 1182 Oyster Mill Road Camp Hi1I, 11101'e fully described on Exhibit. "A" filed with this writ and by this reference incorporated hereir_. Date: November 212, 20 I u 13\ JeL Real Estate Coordinator PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 28, February 4, and February 11, 2011 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. V s' J sa Marie Coyn ditor SWORN TO AND SUBSCRIBED before me this 11 da of Februar 2011 X Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 2E, 2014 CUMBERLAND LAW JOURNAL Writ No. 2010-5055 Civll PHH Mortgage Corporation vs. Deborah A. Hunsicker Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 2010-05055, PHH MORTGAGE CORPORATION, D/B/A ERA MORT- GAGE vs. DEBORAH A. HUNSICKER, owner(s) of property situate in the TOWNSHIP OF EAST PENNSBORO, Cumberland County, Pennsylvania, being 1180 & 1182 OYSTER MILL ROAD, CAMP HILL, PA 17011. Parcel No. 09-16-1054-057, 09004482. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $72,222- 12. 30 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ?I?e?lahiot .'dews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid- that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since-, That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true-, and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 1/28/11 2010.505s ChM Term 214/11 PHH Mortgage Corporation vs 2/11/11 Deborah A. Hunsicker Atty: Daniel Schml By virtue of a Writ of Execution NO. 2010- 1. ,` ?' ' v ) R `'+ ~ ' 05055 PHH MORTGAGE CORPORATION, % DB/A ERA MORTGAGE Sworn to aQdytubscribed Jore me this 22 da jof?February, 2011 A.D. vs. DEBORAH A HUNSICKER owner(s) of ro TOWNSHIP OF EA situate in the L Cumberland County, ypemtPENNSBORO, Notary Public (Municipality) Pennsylvania, being 1180 & 1182 OYSTER MILL ROAD, CAMP HILL, PA 17011 Parcel No. 09-16-1054-057,09004482 (Acreage or street address) ai?itrlrJPrVVEAI. i ?I OF PENNSYLVANIA Improvements thereon: RESIDENTIAL NcRnrlal Seel DWELLING Sherrie L K3sner, Notary Public JUDGMENT AMOUNT $72,222.12 ..over Paxton Twp., Dauphin County _ __ ? Commhskxt plies Nov, 26 2011 µ. _.