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HomeMy WebLinkAbout10-5116I? F 26,10 AUk;? ?V? .. ?j• L.4 Pot a : a3 C?!, Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 245777 PHH MORTGAGE CORPORATION 2001 LEADENHALL RD. MOUNT LAUREL, NJ 08054 Plaintiff V. FRANK J. RICE 31971 PLEASANT GLEN ROAD TRABUCO CANYON, CA 92679-3227 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Ib - 511(0 Civil term CUMBERLAND COUNTY O 4aa.oo Pa kTw at g8(o0 Q,It File #: 245777 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 #: 245777 1. Plaintiff is PHH MORTGAGE CORPORATION 2001 LEADENHALL RD. MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: FRANK J. RICE 31971 PLEASANT GLEN ROAD TRABUCO CANYON, CA 92679-3227 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/16/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR FLEET NATIONAL BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1818, Page 3090. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 02/01/2010 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 #: 245777 6. The following amounts are due on the mortgage: Principal Balance $235,922.01 Interest $6,854.68 01 /01/20 10 through 07/22/2010 (Per Diem $33.93) Attorney's Fees $650.00 Cumulative Late Charges $437.28 06/16/2003 to 07/22/2010 Costs of Suit and Title Search $55-am Subtotal $244,413.97 Escrow Credit t$1 4 _1 4) TOTAL $242,992.73 7 8 9. Plaintiff is not seeking a judgment of personal liability (or an in nersonam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. File N: 245777 10. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $242,992.73, together with interest from 07/22/2010 at the rate of $33.93 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. By: PHELAN HALLINAN & SCHMIEG, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 245777 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel and lot of land situate in Silver Springs Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with the Major Final Subdivision Plan for the Peninsula (Phase III), prepared by Hartman and Associates, P.C., more particularly bounded and described as follows, to wit: BEGINNING at a point at the end of an arc connecting the Western right of way line of Bridgeport Drive and the northern right of way line of Clairburn Drive; thence along the northern right of way line of Claiburn Drive South 88 degrees 58 minutes 42 seconds West, a distance of 150.00 feet to a point on the West, a distance of 150.00 feet to a point on the Eastern line of Lot No. 2 on the Plan of Lots of The Peninsula, Phase III; thence along the Eastern line of Lot No. 2 North 02 degrees 19 minutes 18 seconds West, a distance of 115.00 feet to a point on the Southern line of Lot No. 4 on the aforementioned Plan of Lots; thence along the Southern line of Lot No. 4 North 88 degrees 58 minutes 42 seconds East, a distance of 175.57 feet to a point on the western line of Bridgeport Drive; thence along the Western right of way line of Bridgeport Drive, South 02 degrees 19 minutes 18 seconds East, a distance of 89.43 feet to a point; thence on the arc of a curve, curving to the right, having a radius of 25.00 feet and an arc distance of 39.84 feet to a point, the place of BEGINNING. CONTAINING 0.4601 acres, more or less. SUBJECT to easements, conditions, restrictions and rights of way of record. PROPERTY ADDRESS: 6 CLAIRBURN DRIVE, MECHANICSBURG, PA 17050-7362 PARCEL # 38-06-0009-080 File #: 245777 % 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: ff6L4J41 D Attorney for Plaintiff File #: 245777 obro Am as AM lo: Y(p 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-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 I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff VS. FRANK J. RICE Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 10-5116-CIVIL-TERM : CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 245777 Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorriie\y for Plaintiff Y: -- V ? 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 I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Date: 8-18-10 PHS #: 245777 VERIFICATION ,.hereby states that he/she iof. 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: ?x5? CT??Cj File #: 245777 Name: Title: \? \C?C, ?? ??%G?v \ Servicer: PHH MORTGAGE CORPORATION Name: RICE Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Ia. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff VS. FRANK J. RICE Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION : NO. 10-5116-CIVIL-TERM : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: FRANK J. RICE 31971 PLEASANT GLEN ROAD TRABUCO CANYON, CA 92679-3227 PHS #: 245777 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff ? Lawrence 1'. 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 Date: 8-18-10 PHS #: 245777 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY FlLFU-'U'-~=!WE ~~~ ~, ~' :,~ ~' ~ ; t, ' ~~ ya sip ~.~ ~~ ~s. ~ .j CU„il~~~-~~=.!'~ i~O~iNTY <_ ~ENPvSYi.VF,NIA PHH Mortgage Corporation Case Number vs. Frank J. Rice 2010-5116 SHERIFF'S RETURN OF SERVICE 09/10/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Frank J. Rice, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Frank J. Rice. Request for service at 6 Clairburn Drive, Mechanicsburg, PA 17050 is vacant. The Mechanicsburg Postmaster has confirmed, Frank J. Rice is not known at 6 Clairburn Drive, Mechanicsburg, PA 17050. SHERIFF COST: $42.00 SO ANSWERS, September 10, 2010 RON R ANDERSON, SHERIFF r Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION VS. FRANK J. RICE FILEO-OFFICE OF THE PROTHONOTARY 2010 NOV 24 AM 10.39 CUMBER A CO NIT Y PEN YLVANlA Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 10-5116-CIVIL-TERM MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, L.L.P., moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant, FRANK J. RICE, by first class mail to the last known addresses, 31971 PLEASANT GLEN ROAD, TRABUCO CANYON, CA 92679-3227, P.O. BOX 356, MECHANICSBURG, PA 17055, and the mortgaged premises, 6 CLAIRBURN DRIVE, MECHANICSBURG, PA 17050; posting of the mortgaged premises, 6 CLAIRBURN DRIVE, MECHANICSBURG, PA 17050; and publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: 1. Attempts to serve Defendant, FRANK J. RICE, personally with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 6 CLAIRBURN DRIVE, MECHANICSBURG, PA 17050. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", no service was made as said address is vacant. 4 2. The Plaintiff's Process Server attempted to serve the Defendant at 31971 PLEASANT GLEN ROAD, TRABUCO CANYON, CA 92679-3227. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "B", no service was made as there was no response to the attempts made by the Plaintiff's Process Server. 3. Pursuant to Pa. R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "C". 4. Plaintiff contacted the Prothontary's Office and as of November 23, 2010, no Judge has previously entered a ruling in this case. 5. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on November 15, 2010 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiff s November 15, 2010 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "D". 6. Plaintiff submits that it has made a good faith effort to locate the Defendant, FRANK J. RICE, but has been unable to do so. 5 WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail; posting; and by publication. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: BY: ;?? La ence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 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. 205047V__- Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 6 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff PHH MORTGAGE CORPORATION COURT OF COMMON PLEAS CIVIL DIVISION VS. CUMBERLAND COUNTY NO. 10-5116-CIVIL-TERM FRANK J. RICE MEMORANDUM OF LAW 1. FACTUAL BACKGROUND Attempts to serve Defendant, FRANK J. RICE, with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 6 CLAIRBURN DRIVE, MECHANICSBURG, PA 17050. The Plaintiff s Process Server attempted to serve the Defendant at 31971 PLEASANT GLEN ROAD, TRABUCO CANYON, CA 92679-3227. As indicated by the Return of Service attached hereto as Exhibits "A" and "B", no service was made. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An affidavit of due diligence setting forth the specific inquiries as to the Defendant's whereabouts and the results thereof is attached hereto as Exhibit "C". Consequently, Plaintiff submits that it has made a good faith effort to locate the Defendant but has been unable to do so. 7 II. LEGAL AUTHORITY Pennsylvania Rule of Civil Procedure 430(a) specifically states: If service cannot be made under the applicable rule, the plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Pa.R.C.P. 430(a) (2009). In particular: An illustration of a good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends, and employers of the defendant, and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. Id. at 430(a) n. Similarly, the Pennsylvania Superior Court has gone on to explain that, "While by no means exhaustive, this Note is at least indicative of the types of procedures contemplated by the legislature when enacting Rule 430." Deer Park Lumber, Inc. v. Major, 384 Pa. Super. 625, 633, 559 A.2d 941, 946 (1989), gpReal denied, 525 Pa. 582, 575 A.2d 113 (1990). Only after such proof has been offered is the Court authorized to direct another method of substitute service. See id. In the instant case, as indicated by the attached Return of Service, attached hereto and marked as Exhibits "A" and "B", the Sheriff and the Plaintiff's Process Server have been unable to serve the Complaint. Plaintiff has made a good faith effort to discover the whereabouts of the Defendant as evidenced by the attached affidavit of due diligence, marked as Exhibit "C". Therefore, Plaintiff respectfully requests an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail, posting, and publication. 8 III. CONCLUSION As indicated by the Return of Service, the Sheriff and the Plaintiff's Process Server have been unable to serve the Complaint upon the Defendant. Plaintiff has made a good faith effort to discover the whereabouts of the Defendant as evidenced by its affidavit of due diligence. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail, publication, and posting. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: November 23, 2010 By: L ence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 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 Attorneys for Plaintiff 9 Exhibit "A" 16 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith C "4144 Chief Deputy Richard W Stewart Solicitor 0MOR OF THE VGRIFF PHH Mortgage Corporation Number vs. I Case 2010-5116 Frank J. Rice SHERIFF'S RETURN OF SERVICE 09/10/2010 Ronny R. Anderson, Sheriff, who being duly swom according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Frank J. Rice, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Frank J. Rice. Request for service at 6 Clairbur Drive, Mechanicsburg, PA 17050 is vacant. The Mechanicsburg Postmaster has confirmed, Frank J. Rice is not known-at 6 Clairbum Drive, Mechanicsburg, PA 17050. SHERIFF COST: $42.00 SO ANSWERS, September 10, 2010 RON R ANDERSON, SHERIFF (o) COLOYSWO Sheilf, TeleoeoR, Inc. Exhibit "B" 17 PLADnIFF PW MORTGAGE CORPORATION DGFE2IDANY FRANK J RICE SERVE l AMM I I%= ATx aim PLIASANT ( LIN ROAD TRAN000 c"YON, CA 9?.@7"m served sad made komm to otlodt,_ M, at adult hudy mcnibirA Adult b nt,Raa _ o(pbm o1 ? = ? - OW. AFFIDAVIT OF SRRVICE (FNMA) CUMBERLAND COUM PBS*24sm C111664=H TERM TYPyS OP ACT2W SF Mort?e Foseclewue XX CMS Acts Defendant on the+ Qf . 20 _-, at in maaaer dcsc dW below: / whom Defen;so (s) reside(s). set's residenco give name aGr zebwQnship. lodging in ws) rbaida(s? ?f usual plax of Mesinesa. / ex acid s company. J Drayfi dom Aga I'Ie9ght Weisirt Racx other i, a adult, being d* sworn W law, depose and stare that I pervonaUy ban" a trae correct copy of tha in the as act forth heteia, issued in the captioned caw on and at the address indicated above. S and suhwrR*d n e this day of .20 Notary: By. On the A day of 90-f-? 20L at-7dcloak . M. Dekndam NOT FOUM bec am. Vacant _ Na Exist paved Des ot Not Re" (Not Vaunt) ZNo Answer on ?at tG ., ys _,ServiceRda9ed DI/z2; 1*4DTm 05A3 7; 15 A* Other: q y` Sworn to and tea Of -q-1 -0. p 3D j c$ b tttw E,)?Wibit «C11 IS AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 245777 Attorney Firm: Phelan, HalIinan & Schmieg, LLP Subject: Frank J. Rice Property Address: 6 Clairburn Drive, Mechanicsburg, PA 17050 Possible Mailing Address: 31971 Pleasant Glen Road, Trabuco Canyon, CA 92679 P.O. Box 536, Mechanicsburg, PA 17055 I, being duly sworn according to law, do hereby depose and state as follows, an investigation into the whereabouts of the above-noted individual(s) was conducted and the following has been discovered: 1. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Frank J. Rice - xxx-xx-6722 B. EMPLOYMENT SEARCH Frank J. Rice - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Frank J. Rice reside(s) at: P.O. Box 536, Mechanicsburg, PA 17055. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases, which had no listing for Frank J. Rice, however did provide a listing for Craig E. Lucas, Donna M. Lucas & Erik Lucas at: 6 Clairburn Drive, Mechanicsburg, PA 17050. On 07-27-10 our office made several telephone calls to the phone number (717) 620-8962 and received the following information: answering machine. B. On 07-27-10 our office made several telephone calls to a possible phone number of the subject(s) (717) 448-8584 and received the following information: answering machine. On 07- 27-10 our office made several telephone calls to a possible phone number of the subject(s) (949) 728-8867 and received the following information: answering machine. III. INQUIRY OF NEIGHBORS On 07-27-10 our office made a phone call in an attempt to contact Shobha Sharma (717) 697- 2081, 3 Clairburn Drive, Mechanicsburg, PA 17050: spoke with an unidentified male who could not confirm that the subject reside(s) at 6 Clairburn Drive, Mechanicsburg, PA 17050. On 07-27-10 our office made several phone calls in an attempt to contact Debra A. Jakubic (717) 791-0682,4 Clairburn Drive, Mechanicsburg, PA 17050: no answer. On 07-27-10 our office made a phone call in an attempt to contact Vincent Clempson (717) 790- 9146, 5 Clairburn Drive, Mechanicsburg, PA 17050: spoke with an unidentified female who could not confirm that the subject reside(s) at 6 Clairburn Drive, Mechanicsburg, PA 17050. On 07-27-10 our office made a phone call in an attempt to contact Thomas A. Pike (949) 858- 1258, 31942 Pleasant Glen Road, Trabuco Canyon, CA 92679: spoke with an unidentified male who could not confirm that the subject reside(s) at 31971 Pleasant Glen Road, Trabuco Canyon, CA 92679. On 07-27-10 our office made several phone calls in an attempt to contact Anthony R. Annarino (949) 888-1808, 31952 Pleasant Glen Road, Trabuco Canyon, CA 92679: no answer. On 07-27-10 our office made several phone calls in an attempt to contact Keziah Sanders (949) 813-0860,31911 Pleasant Glen Road, Trabuco Canyon, CA 92679: no answer. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 07-27-10 we reviewed the National Address database and found the following information: Frank J. Rice - 31971 Pleasant Glen Road, Trabuco Canyon, CA 92679. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: 31971 Pleasant Glen Road, Trabuco Canyon, CA 92679 & P.O. Box 536, Mechanicsburg, PA 17055. V. OTHER INQUIRIES A. DEATH RECORDS As of 07-27-10 Vital Records and all public databases have no death record on file for Frank J. Rice. VI. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Frank J. Rice - 05-01-1972 B. A.K.A. Frank Joseph Rice Jr. * Our accessible databases have been checked and cross-referenced for the above named individual(s). " Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I hereby verify that the statements made herein are true and correct to the best of my foxxnati att and beli ef and that this affidavit of investigation is made subject to the mglwledge - J0 , penalti ?of 18 C.S. 4904 relating to unworn falsification to authorities. AFFIANT ( r7 ? Sworn to and subscri before me than day of 10 The above Information is obtained from available public records END ESTRADA and we are only liable for the cost of the affidavit. WIN N -UL- = Exhibit "D" 19 PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail kristin.hartman@fedphe.com Kristin Hartman, Ext. 1356 Service Department Representing Lenders in Pennsylvania and New Jersey November 15, 2010 FRANK J. RICE 6 CLAIRB URN DRIVE MECHANICSBURG, PA 17050 RE: PHH MORTGAGE CORPORATION vs. FRANK J. RICE Premises Address: 6 CLAIRBURNDRIVE, MECHANICSBURG, PA 17050 Cumberland County, No. 10-5116-CIVIL-TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by November 22, 2010. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Kristin Hartman For Phelan Hallinan & Schmieg, LLP 13 PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail kristin.hartman@fedphe.com Kristin Hartman, Ext. 1356 Service Department Representing Lenders in Pennsylvania and New Jersey November 15, 2010 FRANK J. RICE 31971 PLEASANT GLEN ROAD TRABUCO CANYON, CA 92679-3227 RE: PHH MORTGAGE CORPORATION vs. FRANK J. RICE Premises Address: 6 CLAIRBURN DRIVE, MECHANICSBURG, PA 17050 Cumberland County, No. 10-5116-CIVIL-TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by November 22, 2010. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Kristin Hartman For Phelan Hallinan & Schmieg, LLP 14 PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail kristin.hartman@fedphe.com Kristin Hartman, Ext. 1356 Service Department Representing Lenders in Pennsylvania and New Jersey November 15, 2010 FRANK J. RICE P.O. BOX 356 MECHANICSBURG, PA 17055 RE: PHH MORTGAGE CORPORATION vs. FRANK J. RICE Premises Address: 6 CLAIRBURNDRIVE, MECHANICSBURG, PA 17050 Cumberland County, No. 10-5116-CIVIL-TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by November 22, 2010. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, 1?__ /;;?' _7jk? ,0 Kristin Hartman For Phelan Hallinan & Schmieg, LLP 15 N N roo r? V c c N "~ ? W c -o N M d ?? e.? Rogow 0 o? x ro n W N ? W G W A ^ O fo < oA? (D w>?:° M ? lTj fA p. Q O 8 mm lV v S ?/! LS N ' ? . .d R N „'6 . N) N o ? f° a y a v fD?a? g SP 3 a R m ? C v ..d ,.? 'r! z m ? b a ? o n?:z EB Y ' n rb `n W A C?i'1 v' Ln C b O a H C" tT cni, 4 d 7? ? y > G C p Q rn a N .O N $ 01. 02 1M NOV 15 0 0004277256 03 MAILED FROM ZIP CODE N N 0 mmti ylV V (D K N (Jl N 0 I-? Q E ro y -- r ? N do y, ? O 6 ?o G l J .. 50 m ?? A X17 yy0 y 9 ? V b V N C ? p • CAS o' . M'A+ ? C.d C r C y T ?. ` y n v? x U a ° l I R Sf C C < zs o ? iT J A to F eb ? n fC p A x a- ? o N A O ti A ? y. no C, "? A 69A ? n ? a. a ? = x c A o ? 00 .J ? N A W N ?' ? ? a ** 1 *I A ? ? b /\ ^ ? gyp r? ? ?' ?Y ? J ` 1 A 1/ Ci7 C? ? yo-,,, A A ??+ (1, ID z a C - b y d a, y CL Sri o o z z _a ?C4 W J ? Q * no a a v z° o n p?NEY 80 ws 02 IM 0004277256 0 MAILED FROM ZIPC ? 9103 011 COLE oloi 09; 53 0 N y N ? ge? W O ?wwa v ii h "Cy •? U 4n \ H \ Q , .?W 4 Cd ? i t 30 ' sGn 94 8 ?, ? o o b i o- IAApg A3Nlld ammwmWMrL C g l0 Y! N? S3?d y y p ,N ? G u '.. o .o ? • ie g' [? ? r 'd U 4 ? .r3 pip N ??i$y3 d ? '> C? ? O O G. ??csWr cg , W cV ? ?o Q1 Q W yW,p d T U V y 7 w N z ? oa.?a ? ? W o ?boa 0 t o F °H Q m04 8v x ? U 0 i a fn W Cl) a a° W a° ? ,-• GG W ? U ? p U d ?o n, a u u P4 ! u w? •3 W F4 Z C N d '° A ? o .4 W e?i z> z w w w a Ha V ? z' * = o? ' N M q?r vn ?c r- 00 ON N Z+ y C O H 0 N N z° N N VERIFICATION The undersigned hereby states that he/she is the Attorney for the Plaintiff in this action, that he/she is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: By: Lawr ce 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 t Andrew C. Bramblett, Esq., Id No. 208375 10 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION VS. FRANK J. RICE Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 10-5116-CIVIL-TERM CERTIFICATION OF SERVICE The undersigned certifies that a copy of the Motion for Service Pursuant to Special Order of Court, Memorandum of Law, proposed Order and attached exhibits have been sent to the individual as indicated below by first class mail, postage prepaid, on the date listed below. FRANK J. RICE: 6 CLAIRBURN DRIVE MECHANICSBURG, PA 17050 31971 PLEASANT GLEN ROAD TRABUCO CANYON, CA 92679-3227 P.O. BOX 356 MECHANICSBURG, PA 17055 11 The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. 4904 relating to un-sworn falsification to authorities. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: By: Law nce 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. 206'47.9.- Andrew C. Bramblett, Esq., Id No. 208375 12 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION NOV29Z010 : Civil Division VS. No. 10-5116-CIVIL-TERM FRANK J. RICE ORDER AND NOW, this 61% day of M (/e^, Ae 2010, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, FRANK J. RICE, by: 1. Posting of the premises: 6 CLAIRBURN DRIVE, MECHANICSBURG, PA 17050 by the Sheriff or a non-parry competent adult; 2. First class mail to FRANK J. RICE at the last known addresses, 31971 PLEASANT GLEN ROAD, TRABUCO CANYON, CA 92679-3227, P.O. BOX 356, MECHANICSBURG, PA 17055, and the mortgaged premises located at 6 CLAIRBURN DRIVE, MECHANICSBURG, PA 17050; and 3. Publication in accordance with PA. R.C.P. 430. N ° MCD a x*n =M x ? C:) -- -awn cn r z ca ° ?b r - <° a,n ?O yc qm z tv D M co -C 5 z 2 r N It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to assure compliance with this court order. BY THE COURT: J. Cc: RANK J. RICE 6 CLAIRBURN DRIVE MECHANICSBURG, PA 17050 1971 PLEASANT GLEN ROAD TRABUCO CANYON, CA 92679-3227 --1-0--'BOX 356 MECHANICSBURG, PA 17055 PHS# 245777 / KRH CZT?es M-Cwt6k 3 i OF THE O { PRO THONO TARY 20100EC 30 0111:02 OU?EFd?"SYj`? COUNTY ANNA Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren ]Z. 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 Plaintiff Vs. FRANK J. RICE Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : No. 10-5116-CIVIL-TERM PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE 102USS r? TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. HALLIN,?N 84 SCHMIEG, LLP By: ? ence T. Phelan, I?s , Id. No. 32227 ? Vniel cis S. Hallinan, Es ., Id. No. 62695 ? G. Schmieg, Esq., Id. No. 62205 hele 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. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 Attorneys for Plaintiff Date: December 28, 2010 /hze, Svc Dept. File# 245777 !. Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza. Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff VS. FRANK J. RICE Defendant(s) ft'LED-OFFICE OF THE PROTHONOTARY 2011 JP, 10 AM 10: 01 CUMBERLAND COUNTY PENNSYL\'AI'JIA COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 10-5116-CIVIL-TERM AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER f I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular mail to the following persons FRANK J. RICE at 6 CLAIRBURN DRIVE, MECHANICSBURG, PA 17050-7362,31971 PLEASANT GLEN ROAD, TRABUCO CANYON, CA 92679-3227 and PO BOX 356, MECHANICSBURG, PA 17055 on JANUARY 7, 2011, in accordance with the Order of Court dated NOVEMBER 30, 2010. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. PHELAN HALLINAN & SCHMIEG, LLP By: Cbt--' Lawrence T. Phelan., 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 ?heetal R. Shah-Jani, Esq., Id. No. 81760 Jemne 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 Attorneys for Plaintiff Date: January 7, 2011 PHS #: 245777 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY F?LE t-F1 1 2011 JAN 12 AH 9* CXIMBERLAilil PHH Mortgage Corporation vs. Frank J. Rice Case Number 2010-5116 SHERIFF'S RETURN OF SERVICE 01/06/2011 07:31 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on January 6 2011 at 1931 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Frank J. Rice, pursuant to order of court by posting the premises located at 6 Clairburn Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 with a true and correct copy according to law. SHERIFF COST: $43.00 January 07, 2011 RYAN BURGETT, TY SO ANSWERS, RON ? R ANDERSON, SHERIFF a r L- 'j ... !.S Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff vs. FRANK J. RICE Defendant(s) ATTORNEYS FOR PLAINTIFF : Court of Common Pleas : Civil Division : CUMBERLAND County : No. 10-5116-CIVIL-TERM AFFIDAVIT OF SERVICE BY PUBLICATION IN ACCORDANCE WITH COURT ORDER J I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated NOVEMBER 30, 2010 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(1) in THE SENTINEL on DECEMBER 30.2010 and CUMBERLAND LAW JOURNAL on JANUARY 7, 2011. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. PHELAN HALLINAN &-KHMIEG, LLP i'r Phelan Hall' & Schmieg, LLP ??. ence T. Phelan, Esq., Id. No. 227 Francis S. Hallinan, Esq., Id. Nti 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 Attorneys for Plaintiff 1. 30??7 y Date: January 25, 2011 4k'I,)60Wk9,0, ?? ?- PHS #: 245777 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N010-5116 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION Plaintiff (s) From FRANK J. RICE (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 $249,812.66 L.L. $.50 Interest from 02/09/2011 to Date of Sale ($41.64 per diem) - - $4,705.32 Atty's Comm % Due Prothy $2.00 Atty Paid $227.50 Other Costs Plaintiff Paid Date. 3/1/11 David 2DBu 11, Prothono (Seal) Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BLVD., SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 PHH MORTGAGE CORPORATION Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION V. FRANK J. RICE Defendant(s) NO.: 10-5116-CIVIL,-TERM CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 02/09/2011 to Date of Sale ($41.64 per diem) TOTAL CID Say.oo Pd aN W. oo ce r ipaa-1 SO ?C? ml? Note: Please attach description of property. PHS # 245777 C) c rT1 _ :m- :'7 -0 $249,812.66 o:IV ? -G -- --Ac) $4,705.32 v° m-n a o c'" E5 P 254 517.98 Attorney for Plamtiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Fran's 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 ? 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 ? William E. Miller, Esq., Id. No. 308951 Is ?L.m JA .50 [. Clot- toy 903 t s?3 19 IL y N N M N 17, 't-c- O O O h O ? Z r- r- v a a a a ?O ?C7 C7 U °U M 3 W ?-y u?qq O ?aa ? ?¢7 ??Q i U ? O[B]I ¢ kr M H ?D L1, /-r o9 z W z Nvi-o?o rna??o`^o ..' a O NNN??OO??M o?v 0(-D ?p p O O M O O O Z" N (V o a 0 OpW., A'zzz.ti ozo?oa o? o0. z,Z.6 o UE E w , WWo"now wwW°?'W WWj5w 5 0- 51 U a > W a •w" ¢ a ?? ??????????????? Phelan Hallinan & Schmieg, LLP ?. 1617 JFK Boulevard, Suite 1400 M; One Penn Center Plaza ,..t F 01 BONOTA? Philadelphia, PA 19103 215-563-7000 ?.;1",R LUi PHH MORTGAGE CORPORATION ?O?RtrA?1D COUNT`( Plaintiff NNSY04ANIA V. FRANK J. RICE Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 10-5116-CIVIL-TERM : CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By. Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Fr . 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 ? 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., 1d. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 PHH MORTGAGE CORPORATION Plaintiff d R646.. ;' ?.? V. ` FRANK J. RICE ®Defendant(s) AIA COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-5116-CIVIL-TERM CUMBERLAND COUNTY PHS # 245777 AFFIDAVIT PURSUANT TO RULE 3129.1 PHH MORTGAGE CORPORATION, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 6 CLAIRBURN DRIVE, MECHANICSBURG, PA 17050-7362. Name and address of Owner(s) or reputed Owner(s): Name FRANK J. RICE 2 3 4 Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 31971 PLEASANT GLEN ROAD TRABUCO CANYON, CA 92679-3227 6 CLAIRBURN DRIVE MECHANICSBURG, PA 17050-7362 P.O. BOX 356 MECHANICSBURG, PA 17055 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) MERS, INC. MERS, INC. MERS, INC. FLEET NATIONAL BANK FLEET NATIONAL BANK FORMERLY - 3300 SW 34TH AVE. OCALA, FL 34471 AS OF 12/6/10 - 1901 E. VOORHEES ST., SUITE C, DANVILLE, IL 61834 P.O. BOX 2026 FLINT, MI.48501-2026 G4318 MILLER ROAD FLINT, MI 48507 3000 LEADENHALL ROAD, P.O. BOX 5449 MT. LAUREL, NJ 08054 50 JORDAN STREET EAST PROVIDENCE, RI 02914 FLEET NATIONAL BANK C/O MARIA DANGRO 3000 LEADENHALL ROAD, P.O. BOX 5449 MT. LAUREL, NJ 08054 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. 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 6 CLAIRBURN DRIVE MECHANICSBURG, PA 17050-7362 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 COMMONWEALTH OF PA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM ATTENTION: JOHN MURPHY 6'H FL, STRAWBERRY SQ. DEPT. 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein ade subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: 2L I By: Attorney for Plaintiff -?? Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ?-Haniel 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 ? 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 ? William E. Miller, Esq., Id. No. 308951 PHH MORTGAGE CORPORATION ,.-- r FRANK J. RICE : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION 2? t t ???R --1 A 1Q. L? I vs. NO.: 10-5116-CIVIL-TERM Defendant(s) CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: FRANK J. RICE 31971 PLEASANT GLEN ROAD TRABUCO CANYON, CA 92679-3227 FRANK J. RICE PO BOX 536 MECHANICSBURG, PA 17055 FRANK J. RICE 6 CLAIRBURN DRIVE MECHANICSBURG, PA 17050-7362 "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 6 CLAIRBURN DRIVE, MECHANICSBURG, PA 17050-7362 is scheduled to be sold at the Sheriff's Sale on 06/01/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $249,812.66 obtained by PHH MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel and lot of land situate in Silver Springs Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with the Major Final Subdivision Plan for the Peninsula (Phase III), prepared by Hartman and Associates, P.C., more particularly bounded and described as follows, to wit: BEGINNING at a point at the end of an arc connecting the Western right of way line of Bridgeport Drive and the northern right of way line of Clairburn Drive; thence along the northern right of way line of Claiburn Drive South 88 degrees 58 minutes 42 seconds West, a distance of 150.00 feet to a point on the West, a distance of 150.00 feet to a point on the Eastern line of Lot No. 2 on the Plan of Lots of The Peninsula, Phase III; thence along the Eastern line of Lot No. 2 North 02 degrees 19 minutes 18 seconds West, a distance of 115.00 feet to a point on the Southern line of Lot No. 4 on the aforementioned Plan of Lots; thence along the Southern line of Lot No. 4 North 88 degrees 58 minutes 42 seconds East, a distance of 175.57 feet to a point on the western line of Bridgeport Drive; thence along the Western right of way line of Bridgeport Drive, South 02 degrees 19 minutes 18 seconds East, a distance of 89.43 feet to a point; thence on the arc of a curve, curving to the right, having a radius of 25.00 feet and an arc distance of 39.84 feet to a point, the place of BEGINNING. CONTAINING 0.4601 acres, more or less. SUBJECT to easements, conditions, restrictions and rights of way of record. TITLE TO SAID PREMISES IS VESTED IN Frank J. Rice, by Deed from James R. Arble, II and Christine A. Arble, h/w, dated 05/28/2003, recorded 06/23/2003 in Book 257, Page 3661. PREMISES BEING: 6 CLAIRBURN DRIVE, MECHANICSBURG, PA 17050-7362 PARCEL NO. 38-06-0009-080 FILED-OFFICE OF THE PROTHONOTARY 2011 MAR 28 AM 10= 01 CU PENNSYLVANIA TY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PHH MORTGAGE CORPORATION Plaintiff Court of Common Pleas Civil Division V. FRANK J. RICE Defendant CUMBERLAND County No.: 10-5116-CIVIL-TERM RULE AND NOW, this 2a day of? (- 2011, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant(s) shall have twenty (20) days of the date of this Order to file a responsive pleading to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT J. S 245777 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 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 William E. Miller, Esq., Id. No. 308951 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 ? FRANK J. RICE 31971 PLEASANT GLEN ROAD TRABUCO CANYON, CA 92679-3227 ,/ FRANK J. RICE PO BOX 536 MECHANICSBURG, PA 17055 All ison F. Wells, E Ph4m, nQA.?-&* ? FRANK J. RICE 6 CLAIRBURN DRIVE MECHANICSBURG, PA 17050-7362 /FRANK J. RICE P.O. BOX 356 MECHANICSBURG, PA 17055 ? PM 245777 245777 L t- %j1 C r .,0 .. H 0110 TA R 20111 APR -4 AHI 13: €f t} .Ut',giBERLAND 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 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 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff V. FRANK J. RICE Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-5116-CIVIL-TERM CERTIFICATION OF SERVICE 245777 I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of March 19, 2011 was sent to the following individual on the date indicated below. FRANK J. RICE FRANK J. RICE 31971 PLEASANT GLEN ROAD 6 CLAIRBURN DRIVE TRABUCO CANYON, CA 92679-3227 MECHANICSBURG, PA 17050-7362 FRANK J. RICE FRANK J. RICE PO BOX 536 P.O. BOX 356 MECHANICSBURG, PA 17055 MECHANICSBURG, PA 17055 Phelan Hallinan ieg, LLP DATE: By: ? Lawrence helan, 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 .Shah-Jani, Esq., Id. No. 81760 ? Je ' e 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 ? 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 ? William E. Miller, Esq., Id. No. 308951 ATTORNEY FOR PLAINTIFF 245777 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff,", COURT OF COMMON P4y]MS '^ CIVIL DIVISION Z r- N CD FRANK J. RICE - ' :r-- -n Defendant(s) No.: 10-5116-CIVIL-TER11 C s? -n AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 _ COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Cc • ' Return Receipt stamped by the U.S. Postal Service is attached here ii it "A"- e an, Esq., Id. No. 227 695 ? Francis S. Hallinan, Esq., Id. No12205 ? Daniel G. Schmieg, Esq., Id. N ? 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 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andre C. Bramblett, Esq., Id. No. 208375 ison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Attorney for Plaintiff Date: IMPO TANT 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 # 245777 PHH MORTGAGE CORPORATION Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION V FRANK J. RICE Defendant(s) NO.: 10-5116-CIVIL-TERM CUMBERLAND COUNTY PHS # 245777 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 PHH MORTGAGE CORPORATION, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 6 CLAIRBURN DRIVE, MECHANICSBURG, PA 17050-7362. Name and address of Owner(s) or reputed Owner(s): Name FRANK J. RICE 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) 31971 PLEASANT GLEN ROAD TRABUCO CANYON, CA 92679-3227 6 CLAIRBURN DRIVE MECHANICSBURG, PA 17050-7362 P.O. BOX 356 MECHANICSBURG, PA 17055 Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) MERS, INC. FORMERLY - 3300 SW 34TH AVE. OCALA, FL 34471 AS OF 12/6/10 - 1901 E. VOORHEES ST., SUITE C, DANVILLE, IL 61834 MERS, INC. P.O. BOX 2026 FLINT, MI 48501-2026 5. MERS, INC. FLEET NATIONAL BANK FLEET NATIONAL BANK FLEET NATIONAL BANK C/O MARIA DANGRO G4318 MILLER ROAD FLINT, MI 48507 3000 LEADENHALL ROAD, P.O. BOX 5449 MT. LAUREL, NJ 08054 50 JORDAN STREET EAST PROVIDENCE, RI 02914 3000 LEADENHALL ROAD, P.O. BOX 5449 MT. LAUREL, NJ 08054 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) Silver Springs Township Authority Silver Springs Township Authority c/o Scott A. Dietterick, Esquire 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 None. 31 E. Main Street, P.O. Box 1001 New Kingston, PA 17072-1001 P.O. Box 650 Hershey, PA 17033 reasonably ascertained, please indicate) Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA COMMONWEALTH OF PA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM 6 CLAIRBURN DRIVE MECHANICSBURG, PA 17050-7362 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 ATTENTION: JOHN MURPHY 6TH FL, STRAWBERRY SQ. DEPT. 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Attorney for P1 ;n iff ft-eTan 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 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 Q. ? bA G M CD -,CQu xw ° a ?O O a u -d i- y b a? c E 4 z¢0 w o ? o . w o? A 'C .n V .G A E u E E c? o VW Qo? N Z ?.ENN E c ?v? Q31I dl' W?dd ? M H u ? £OL613a0 99ZLIZti000 _ 2 c Zo .zad" a E u G S ?, sl Al"Ild Aw ;iiaw y O 4L ,4 E >,S am>a? ?? 5 r - ? E ?? rM C 3 o • (sod L"' ; A? E y C ro C - a x E W E -v y d ? N b N u 0 bm, O O C O U v L ?K O r A G A ^ O T V o va OR C v) O 0 i G T w o.-Ew° o c E_ E^ o. O O V ? ' O+ G V1 ? ? O •O 0 C V A 0 u 9v°xD y N V w s m E 0 r V V Q O F $ o F a R N h V L Q y V O ? Q ?a ?a ? o • • a a u O O ? O c 'O D ? p D O E'? G CL W u d V ? C C % C ? ? ti a0 • • • a w CL co C CL Y! ^ R o a ° 6 v z U y ¢ o? E C .ti N M I tn b t- 00 C, ,~r .N.? m ?. to z . 4 z t £0 LI g Ca W O U Z °.3 a as v •s G E b ? zeo G N ? yv E L 6 L 3400 dR WOS-4 0311VW oz q ? .8VV+1 sSZLLWI°ZD _ F.. 1 -0 -Am-- pe >s, z ? 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No.: 10-5116-CIV IIRl`- -i un ORDER -J AND NOW, this /eday of/`'I? / , 2011, upon consideration of Plaintiff's y 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 0 -4 m` -urn --t o? rn to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance Interest Through June 1, 2011 Per Diem $33.93 Late Charges Legal fees Cost of Suit and Title Property Inspections/ Property Preservation Escrow Deficit TOTAL $235,922.01 $17,546.72 $437.28 $1,300.00 $1,505.64 $556.25 $4,133.10 $261,401.00 Plus interest from June 1, 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. ? A?I??on (GIs, `?`L ooi? V, P?101'( Fmov. J ?i ?ee 0 B COURT: J. 245777 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 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 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 FRANK J. RICE 31971 PLEASANT GLEN ROAD TRABUCO CANYON, CA 92679-3227 FRANK J. RICE PO BOX 536 MECHANICSBURG, PA 17055 F11 rri O THE f t+?4i9 A? v' -3 CUMBERL_ ND C0 U , FRANK J. RICE 6 CLAIRBURN DRIVE MECHANICSBURG, PA 17050-7362 FRANK J. RICE P.O. BOX 356 MECHANICSBURG, PA 17055 245777 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff V. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County FRANK J. RICE Defendant No.: 10-5116-CIVIL-TERM PLAINTIFF'S MOTION TO REASSESS DAMAGES 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 4, 2010. 2. Judgment was entered on February 10, 2011 in the amount of $249,812.66. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Plaintiff filed a prior Motion to Reassess Damages, which was granted by Order dated May 19, 2011, amending the judgment amount to $261,401.00. A true and correct copy of the Order is attached hereto, made part hereof, and marked as Exhibit B. 245777 4. 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. The Property is listed for Sheriffs Sale on August 3, 2011. 6. 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 $235,922.01 Interest Through August 3, 2011 $19,678.91 Per Diem $33.93 Late Charges $437.28 Legal fees $1,300.00 Cost of Suit and Title $7,285.01 Property Inspections/ Property Preservation $990.00 Escrow to be paid prior to August 3, 2011 $3,459.97 Escrow Deficit $4,191.31 TOTAL $273,264.49 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 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. 9. 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 June 8, 2011 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and 245777 correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Albert H. Masland entered an order for Motion to Make Rule Absolute dated May 19, 2011 . WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: By: Phelan L_j 1`a dice T. Ian, Esq., Id. No. 32227 ? Fr allinan, 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 . Shah-Jani, Esq., Id. No. 81760 ? Je ' 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 ? 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 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Scheiner, Esq., Id. No. 308912 ATTORNEY FOR PLAINTIFF 245777 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division V. CUMBERLAND County FRANK J. RICE Defendant No.: 10-5116-CIVIL-TERM MEMORANDUM OF LAW IN. SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE FRANK J. RICE 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 6 CLAIRBURN DRIVE, MECHANICSBURG, PA 17050-7362. 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. 245777 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 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. ofN.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 245777 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 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. 245777 III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriff s Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount 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 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 245777 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 an d 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. Citicorp v. Morrisville 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. 245777 The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from 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. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the 245777 terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. 245777 IV. 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. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. p? Phelan & Schmi LLP DATE: v By: ? L en ,Vlf. Phelan, Esq., Id. No. 32227 ? is 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 ev me R. D avey, Esq., Id. No. 87077 ren R. Tabas, Esq., Id. No. 93337 ek 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 ? 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 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Scheiner, Esq., Id. No. 308912 Attorney for Plaintiff 245777 Exhibit "A" 245777 f= LED-OFFICE THE PROTHONOTARY IN I FEB 10 AM 9'. 54 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 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 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION VS. FRANK J. RICE Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 10-5116-CIVIL-TERM ?314.ot??a? 7 -7 015q?q qtQ 245777 1?o? alai led 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 FRANK J. RICE, 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 $242,992.73 Interest - 07/23/2010 to 02/08/2011 $6.,819.93 TOTAL $249,812.66 I hereby certify that (1) the Defendant's last known addresses 6 CLAIRBURN DRIVE MECHANICSBURG, PA 17050-7362, PO BOX 536 MECHANICSBURG, PA 17055, 31971 PLEASANT GLEN ROAD, TRABUCO CANYON, CA 92679-3227, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. ?- -? DAMAGES ARE HEREBY ASSESSED AS INDICATE DATE: - IL[ PHS k 245777 Lawre . Phelan, Esq., Id. No. 27 Fr cis S. Hallinan, Esq., Id. N 2695 ? Daniel G. Schmieg, Esq., Id. o. 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 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ?? Co y R. Dunn, Esq., Id. No. 206779 ew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 Attorney for Plaintiff 245777 Exhibit "B" 245777 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County FRANK J. RICE No.: 10-5116-CIVIL-TERM Defendant ORDER AND NOW, this N44 day of , 2011, upon consideration of Plaintiffs 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 Plaintiffs 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 Interest Through June 1, 2011 Per Diem $33.93 Late Charges Legal fees Cost of Suit and Title Property Inspections/ Property Preservation Escrow Deficit $235,922.01 $17,546.72 $437.28 $1,300.00 $1,505.64 $556.25 $4,133.10 TOTAL $261,401.00 Plus interest from June 1, 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. 245777 Exhibit "C" 245777 N v J J v, ? w N O ? 0o J o? v, J? w N -- C" rz CD a. b ^o b ?o ? N N N N n 1i % r co J ( J ( J i U J A J J J J 6 CD -s III Oil ITI -'I ?.yy yyyy r}? Icy ;z a a a a w ? ° x x x x o c,. cr c? c. ?+, O '3? 0 0 a o z to m"o W W Y o 3 z a ?ro n n °? y o. z - n b z ? 3 a z ? z X x n ? Z y b b n CL L ??sH m '7 a a " a C 0 o c c o 0 -,^o -- c J ° r ? Vi `i CA 2. 0 c n C) C k ^ ? y .3 .T, n. ? a a 3 = z p p, O O ? tit -3 on O Z 7 0 00 (C C- 1 w n ? w n p ? o a 'm ° N ? N o n? o - o -' c O v ? 'w - C oo?c o N N o ? ? N m 3 w .._ . o 0 0. . ..Qq ro v °. Es g 0 ? =xd ?P 44- r Or -w- w e?i o. m f aA'I?®g a ? ? c? w w x. s 01 •CR v0 fD 021M 011 0004277256 JUN02 2_ o a ?. FROM ZIP GODE 1 91 0 3 o MAILED 0 3 N o - so a ` 2 n i Oar f?D Z' ? fD ay ? 0 CD 0 0 x a z r r z Ro x G) r b 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 June 2, 2011 FRANK J. RICE 31971 PLEASANT GLEN ROAD TRABUCO CANYON, CA 92679-3227 FRANK J. RICE PO BOX 536 MECHANICSBURG, PA 17055 FRANK J. RICE 6 CLAIRBURN DRIVE MECHANICSBURG, PA 17050-7362 FRANK J. RICE P.O. BOX 356 MECHANICSBURG, PA 17055 RE: PHH MORTGAGE CORPORATION v. FRANK J. RICE Premises Address: 6 CLAIRBURN DRIVE MECHANICSBURG, PA 17050 CUMBERLAND County CCP, No. 10-5116-CIVIL-TERM 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 June 7, 2011. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, 245777 WLaT. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Allison F. Wells, Esquire Will' E. Miller, Esquire y issa J. Scheiner, Esquire Enclosure 245777 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division V. CUMBERLAND County FRANK J. RICE Defendant No.: 10-5116-CIVIL-TERM CERTIFICATION OF SERVICE 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. FRANK J. RICE 31971 PLEASANT GLEN ROAD TRABUCO CANYON, CA 92679-3227 FRANK J. RICE 6 CLAIRBURN DRIVE MECHANICSBURG, PA 17050-7362 FRANK J. RICE PO BOX 536 MECHANICSBURG, PA 17055 FRANK J. RICE P.O. BOX 356 MECHANICSBURG, PA 17055 245777 Phelan Hallinan & Schmieg, LLP (FY DATE: By: _ ? La e 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 jklauren 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 ? 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 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Scheiner, Esq., Id. No. 308912 ATTORNEY FOR PLAINTIFF 245777 F FLED-O1` FIB:'- UF T H F FROTHO '?iT :4 i, 1011 JUN 13 AM 10: 41 CUMBERLAND CUUN T'. PENNSYLVAN4 A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PHH MORTGAGE CORPORATION Plaintiff Court of Common Pleas Civil Division V. FRANK J. RICE Defendant CUMBERLAND County No.: 10-5116-CIVIL-TERM RULE AND NOW, this 1,3_ day of V G? 2011, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant(s) shall have twenty (20) days of the date of this Order to file a responsive pleading to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. ? gs rrt? t U. B COURT 61 J. 245777 y i FILED-OF FIG P ^0Tpn?4!), ill ! I JUN 20 AM 9: 5 i PENNSYLVANIA Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff vs. FRANK J. RICE Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-5116-CIVIL-TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's June 13, 2011 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. FRANK J. RICE 31971 PLEASANT GLEN ROAD TRABUCO CANYON, CA 92679-3227 FRANK J. RICE 6 CLAIRBURN DRIVE MECHANICSBURG, PA 17050-7362 FRANK J. RICE PO BOX 536 MECHANICSBURG, PA 17055 FRANK J. RICE P.O. BOX 356 MECHANICSBURG, PA 17055 245777 DATE: A?L Y: awrence T. Phelan, Esq., I . 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 ? J 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 ? 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 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Scheiner, Esq., Id. No. 308912 ATTORNEY FOR PLAINTIFF 245777 .s C-) C:: C) IN THE COURT OF COMMON PLEAS zr" ? rn CUMBERLAND COUNTY, PENNSYLVANIA cnr- ..<3> m o , rQ PHH MORTGAGE CORPORATION Court of Common ?c? o-T Plaintiff >C° N °nl Civil Division Na ?t ...fl` vs. +. C rr. CUMBERLAND County FRANK J. RICE Defendant No.: 10-5116-CIVIL-TERM ORDER AND NOW, this 8 day of ?(?,( 7 , 20111 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 tune as follows: Principal Balance Interest Through August 3, 2011 Per Diem $33.93 Late Charges Legal fees Cost of Suit and Title Property Inspections/ Property Preservation Escrow to be paid prior to August 3, 2011 Escrow Deficit TOTAL $235,922.01 $19,678.91 $437.28 $1,300.00 $7,285.01 $990.00 $3,459.97 $4,191.31 $273,264.49 Plus interest from August 3, 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 E COURT: Melissa J . Scheiner,? calla J. 245777 SHERIFF'S OFFICE OF CUMBERLAND CO W*FFICE Ronny R Anderson CP THE PROTHONOTARY Sheriff g1'?tilp vi 4u+uUr?rjl, 2011 AUG 18 PM 1' 20 Jody S Smith Chief Deputy CUMBERLAND COUNTY Richard W Stewart PENNSYLVANIA Solicitor -. PHH Mortgage Corporation vs. Frank J. Rice Case Number 2010-5116 SHERIFF'S RETURN OF SERVICE 03/11/2011 04:49 PM - Deputy Ronald Hoover, 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 6 Clairburn Drive, Mechanicsburg, PA 17050, Cumberland County. 06/01/2011 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 8/3/2011 08/03/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Cumberland County, PA on August 3, 2011 at 10:00 a.m.. He sold the same for the sum of $285,301.00 to Moyer and Pletcher Development Group, LLC, 156 Creekside Drive, Enola, PA 17025, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $785.62 SO ANSWERS, August 16, 2011 RON R ANDERSON, SHERIFF 7 0 ,n a Fd J -06) Pit - C6, . Sv Lt- Pd ' ?3V112 . . CouniySate. Sherri`f..,.f'.^c :t. Ir;;. ' PHH MORTGAGE COI&ORATION Plaintiff V. FRANK J. RICE Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.:10-5116-CIVIL-TERM CUMBERLAND COUNTY PHS # 245777 AFFIDAVIT PURSUANT TO RULE 3129.1 PHH MORTGAGE CORPORATION, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 6 CLAIRBURN DRIVE, MECHANICSBURG, PA 17050-7362. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) FRANK J. RICE 31971 PLEASANT GLEN ROAD TRABUCO CANYON, CA 92679-3227 6 CLAIRBURN DRIVE MECHANICSBURG, PA 17050-7362 P.O. BOX 356 MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) MERS, INC. MERS, INC. MERS, INC. FLEET NATIONAL BANK FLEET NATIONAL BANK FORMERLY - 3300 SW 34TH AVE. OCALA, FL 34471 AS OF 12/6/10 - 1901 E. VOORHEES ST., SUITE C, DANVILLE, IL 61834 P.O. BOX 2026 FLINT, MI.48501-2026 G4318 MILLER ROAD FLINT, MI 48507 3000 LEADENHALL ROAD, P.O. BOX 5449 MT. LAUREL, NJ 08054 50 JORDAN STREET EAST PROVIDENCE, RI 02914 FLEET NATIONAL BANK C/O MARIA DANGRO 3000 LEADENHALL ROAD, P.O. BOX 5449 MT. LAUREL, NJ 08054 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 Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA 6 CLAHtBURN DRIVE MECHANICSBURG, PA 17050-7362 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 COMMONWEALTH OF PA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTENTION: JOHN MURPHY 6T" FL, STRAWBERRY SQ. DEPT. 280601 HARRISBURG, PA 17128 DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein ade subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: 2 II By: \ Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 E1$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 ? 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 ? William E. Miller, Esq., Id. No. 308951 PHH MORTGAGE CORPORATION : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. NO.: 10-5116-CIVIL-TERM FRANK J. RICE Defendant(s) : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: FRANK J. RICE FRANK J. RICE 31971 PLEASANT GLEN ROAD 6 CLAIRBURN DRIVE TRABUCO CANYON, CA 92679-3227 MECHANICSBURG, PA 17050-7362 FRANK J. RICE PO BOX 536 MECHANICSBURG, PA 17055 "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 6 CLAIRBURN DRIVE, MECHANICSBURG, PA 17050-7362 is scheduled to be sold at the Sheriffs Sale on 06/01/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $249,812.66 obtained by PHH MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's.Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel and lot of land situate in Silver Springs Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with the Major Final Subdivision Plan for the Peninsula (Phase in), prepared by Hartman and Associates, P.C., more particularly bounded and described as follows, to wit: BEGINNING at a point at the end of an arc connecting the Western right of way line of Bridgeport Drive and the northern right of way line of Clairburn Drive; thence along the northern right of way line of Claiburn Drive South 88 degrees 58 minutes 42 seconds West, a distance of 150.00 feet to a point on the West, a distance of 150.00 feet to a point on the Eastern line of Lot No. 2 on the Plan of Lots of The Peninsula, Phase III; thence along the Eastern line of Lot No. 2 North 02 degrees 19 minutes 18 seconds West, a distance of 115.00 feet to a point on the Southern line of Lot No. 4 on the aforementioned Plan of Lots; thence along the Southern line of Lot No. 4 North 88 degrees 58 minutes 42 seconds East, a distance of 175.57 feet to a point on the western line of Bridgeport Drive; thence along the Western right of way line of Bridgeport Drive, South 02 degrees 19 minutes 18 seconds East, a distance of 89.43 feet to a point; thence on the arc of a curve, curving to the right, having a radius of 25.00 feet and an arc distance of 39.84 feet to a point, the place of BEGINNING. CONTAINING 0.4601 acres, more or less. SUBJECT to easements, conditions, restrictions and rights of way of record. TITLE TO SAID PREMISES IS VESTED IN Frank J. Rice, by Deed from James R. Arble, II and Christine A. Arble, h/w, dated 05/28/2003, recorded 06/23/2003 in Book 257, Page 3661. PREMISES BEING: 6 CLAERBURN DRIVE, MECHANICSBURG, PA 17050-7362 PARCEL NO. 38-06-0009-080 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-5116-CIVIL-TERM PHH MORTGAGE CORPORATION VS. FRANK J. RICE owner(s) of property situate in SILVER SPRING TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 6 CLAIRBURN DRIVE, MECHANICSBURG, PA 17050-7362 Parcel No. 38-06-0009-080 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $249,812.66 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEAI•TH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N010-5116 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION Plaintiff (s) From FRANK J. RICE (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 $249,812.66 L.L. $.50 Interest from 02/09/2011 to Date of Sale ($41.64 per diem) - - $4,705.32 Atty's Comm % Due Prothy $2.00 Atty Paid $227.50 Other Costs Plaintiff Paid Date: 311111 •,?.\i&?? David D. B 11, Prothono (Seal) By: Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BLVD., SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 TRUE COPY FROM RECORD In Testimony whereof, I t,ere unto set my hand and the seal of said Court at Carlisle, Pa. This day ofPA-6V1J^-, 20-LL- Prothonotary Lti i J"A On March 3, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA, Known and numbered as, 6 Clairburn Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 3, 2011 By: i 21"16s a e . ordina fi :Z1 C3 Z ?dW itOZ CUMBERLAND LAW JOURNAL Writ No. 2010-5116 Civil PHH Mortgage Corporation VS. Frank J. Rice Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 10-5116-CIVIL-TERM, PHH MORTGAGE CORPORATION vs. FRANK J. RICE, owner(s) of property situate in SILVER SPRING TOWN- SHIP, Cumberland County, Pennsyl- vania, being 6 CLAIRBURN DRIVE, MECHANICSBURG, PA 17050-7362. Parcel No. 38-06-0009-080. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $249,812- .66. 66 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: April 22, April 29, and May 6, 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. isa Marie Coyne, Ed' or SWORN TO AND SUBSCRIBED before me this da of Ma 2011 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-Mews Co. '2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 z4f Patti* ot-NeWs Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 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 COP`( 04/29/11 04/22/11 2010-6116 Civil Term PHH Mortgage Corporation Vs Frank J. Rice Atty: Daniel Schmleg By virtue of a Writ of Execution NO. 10-5116-CIVI -TERM PHH MORT,6AGE CORPORATION VS. 11 FRANK J. DICE owner(s) of property situate in SILVER SPRING TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 6 CLAIRBURN DRIVE, MECHANICSBURG, PA 17050-7362 Parcel No. 384)6-0009-080 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $249,812.66 T t This ad ran on the date(s) shown below: 05/06/11 Sworn to and subscribed before me this 23 day of May, 2011 A ,D. Notary Public _CUMIN-?y??TH OF 'PENNSYLVANIA Seal Sherrie inner 1- ewer Paxton r Notary Public _"fY Commission *P'' DauPhln cpunty t ntarnby,r, Pe ink a s No . 262011 Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Moyer and Pletcher Development Group is the grantee the same having been sold to said grantee on the 3 day of August A.D., 202011, under and by virtue of a writ Execution issued on the 1 day of March, A.D., 202011, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 5116, at the suit of PHH Mortgage Corporation against Frank J. Rice is duly recorded as Instrument Number 201122896. IN TESTIMONY WHEREOF, I have hgeunto set my hand and seal of said office this 11K day of ?^tt e?^^h nrrtn?- Phelan Hallinan & Schmieg, LLP By: Lauren Tabas, Esquire Identification No. 93337 One Penn Center Plaza, Suite 1400 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 (215) 563-7000 PHH Mortgage Corporation Plaintiff Vs. Frank J. Rice Defendant F<,I. AND CC?;Ua3I Attorney for Plaintiff Court Of Common Pleas : Civil Division Cumberland County, Pennsylvania :10-5116 EXCEPTIONS TO SHERIFF'S SALE DISTRIBUTION PURSUANT TO PA.R.C.P. RULE 3136(d) And now comes Plaintiff, PHH Mortgage Corporation, by and through its counsel, Phelan Hallinan & Schmieg, I.LP, and prays that this Honorable Court grant Plaintiff's Exceptions to Sheriff's Sale Distribution for the following reasons: 2. The Plaintiff is PHH Mortgage Corporation, the holder of that certain Mortgage dated June 16, 2003 and recorded June 23, 2003 at Mortgage Book 1818, Page 3090 in the Cumberland County Recorder's Office (hereinafter "Mortgage"). The Mortgage was subsequently assigned to Plaintiff. An Assignment of Mortgage was recorded August 31, 2010 at Instrument Number 201024197. True and correct copies of the Mortgage and Assignment are attached hereto, made part hereof, and marked as Exhibits "A" and "B," respectively. The underlying loan became delinquent and Plaintiff initiated foreclosure proceedings in execution on the Mortgage on August 4, 2010 due to Defendant's failure to tender the monthly mortgage payments due for February 1, 2010 and each month thereafter. Attached hereto, made a part hereof, and marked as Exhibit "C" is a true and correct copy of the Complaint in Mortgage Foreclosure. Plaintiff obtained a Default Judgment on February 10, 2011, in the amount of $249,812.66. Attached hereto, made a part hereof, and marked as Exhibit "D" is a true and correct copy of the Praecipe for Default Judgment. 4. The Property was thereafter scheduled for the June 1, 2011 Cumberland County Sheriff's Sale but was postponed to August 3, 2011. 5. On July 8, 2011, this Honorable Court granted Plaintiff's Motion to Reassess Damages in the amount of $273,264.49. A true and correct copy of the July 8, 2011 Order of Court is attached hereto, made part hereof, and marked as Exhibit "E." 6. On August 3, 2011, the premises located at 6 Clairburn Drive, Mechanicsburg, PA 17050 (hereinafter "Property"), was sold at the Cumberland County Sheriff s Sale pursuant to the Writ of Execution.to a third-party bidder for the amount of $285,301.00. 7. On or about August 30, 2011, in accordance with Pa.R.C.P. 3136(d), the Sheriff provided Plaintiff with a copy of its Schedule of Distribution, which distribution listed the Plaintiff as receiving $273,264.49 along with the $1,500.00 Deposit Refund. Attached hereto, made a part hereof and marked as Exhibit "F" is a true and correct copy of the Sheriff s Schedule of Distribution. 8. Since the filing of the Motion to Reassess, on or about March 22, 2011, Plaintiff expended additional sums, including taxes, property maintenance fees, and insurance premiums, relative to the Property to protect its collateral. 9. Plaintiff s expenditures have inured to the benefit of all parties. 10. The total debt owed to Plaintiff is $274,790.53. 11. Plaintiff requests this Honorable Court enter an Order directing the Sheriff to pay Plaintiff the balance due as follows: Principal Balance $235,922.01 Interest: $ 19,712.84 Escrow: $ 5,067.31 Corporate Advance $ 10,044.87 Late Charges $ 437.28 School Taxes $ 3,459.97 Inspections $ 146.25 Total $274,790.53 12. According to Extraco Mortgage v. Williams, 2002 Pa. Super. 246, 805 A.2d 543 (2002), amounts expended by Plaintiff to protect its collateral since the time of default judgment are recoverable and relate back to the date of the Mortgage for priority. 13. Plaintiff is requesting that the Schedule of Distribution be amended to reflect payment to Plaintiff in the amount of $274,790.53. 14. There are ample funds available to tender the full amount owed to Plaintiff without prejudicing other interested parties. 15. Pursuant to Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of the instant motion to Defendant and other interested parties on September 7, 2011. Due to the time constraints imposed by Pa.R.C.P. 3136(d), Plaintiff was unable to refrain from filing the instant petition. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order amending the Schedule of Distribution to the executing Plaintiff in the amount of $274,790.53, and directing the Sheriff to pay the Plaintiff the balance due of $274,790.53 along with the Sheriff's Deposit Refund of $1,500.00. ly submitted, ?G LLP Date: CB y: L uren Tabas, Esquire Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP By: Lauren Tabas, Esquire Identification No. 93337 One Penn Center Plaza, Suite 1400 1617 John F. Kennedy Blvd. Philadelphia, PA 19103 (215) 563-7000 PHH Mortgage Corporation Plaintiff Vs. Frank J. Rice Defendant Attorney for Plaintiff Court Of Common Pleas Civil Division Cumberland County, Pennsylvania 10-5116 CERTIFICATE OF SERVICE I, Lauren Tabas, Esquire, hereby certify that true and correct copies of the Plaintiff's Exceptions to Sheriff s Sale Distribution Pursuant to Pa.R.C.P. Rule 3136(d), Brief in Support, attached Exhibits, and this Certificate, were served upon the following by regular mail on the date indicated below: Frank J. Rice Office of the Sheriff 31971 Pleasant Glen Road Cumberland County Courthouse Trabuco Canyon, CA 92679-3227 One Courthouse Square Carlisle, PA 17013 Frank J. Rice MERS, Inc. 6 Clairburn Drive P.O. Box 2026 Mechanicsburg, PA 17050 Flint, MI 48501-20263 MERS, Inc. Fleet National Bank 1901 E. Voorhees Street, Suite C 3000 Leadenhall Road, P.O. Box 5449 Danville, IL 61834 Mt. Laurel, NJ 08054 MERS, Inc. Fleet National Bank G4318 Miller Road 50 Jordan Street East Flint, MI 48507 Providence, RI 02914 Fleet National Bank C/o Maria Dangro 3000 Leadenhall Road, P.O. Box 5449 Mt. Laurel, NJ 08054 Dated: L.awr?ii i auab, esquire Attorney for Plaintiff Z-> THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH Mortgage Corporation Plaintiff Civil Division Vs. • ?, ?'n ?y7 r ? ? . . Frank J. Rice Defendant 10-5116 -- c ,/ ?? • / t ?i ? RULE om AND NOW, this _&tday of' jw _?'/L_ , 2011, a Rule is entered upon the Defendant and all interested parties to show cause why the attached Plaintiff's Exceptions to Sheriff's Sale Distribution Pursuant to Pa.R.C.P. 3136(d), should not be entered. RULE RETURNABLE the day of , 2011. 4#z" By the Co J. LlcureiA -"-<, &.? C:OPy ma.. eel 911gll( at ,i C' t. 0EF, hlD LJ .i.. FE ii SYL`?A. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH Mortgage Corporation Plaintiff : Civil Division Vs. Frank J. Rice Defendant : 10-5116 ORDER E7 r AND NOW, this; day oflUl14$11`, 2011, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED that the Rule issued upon Defendants and all interested parties on September 14, 2011, shall be and is hereby made absolute; Plaintiffs Exceptions Pursuant to Pa.R.C.P. 3136(d) to Amended Schedule of Distribution of Sale held on August 3, 2011, are GRANTED; and the Sheriff shall forthwith issue a revised Schedule of Distribution reflecting distribution to Plaintiff in the sum of $274,790.53 along with the Sheriff's Deposit Refund of $1,500.00. BY,WtW COURT: r Firm" mice CpPiPg t" ` l I J. µE(-S I nc 11 ?3? 5 Fleet Naii"W Bank ? cgim 4 i?e s4 - in b`le