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HomeMy WebLinkAbout10-7909Phelan 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 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 2001 LEADENHALL RD. MOUNT LAUREL, NJ 08054 FILED-O FlP' ?ry?0 ?C 29 P?# 1y1 rUMBERLANO CuUK!P( PENNSYLVANIA ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION V. Plaintiff FAWZY A. TAWADROS TEREZA R. KALWY 3526 MARCH DRIVE CAMP HILL, PA 17011-5010 Defendants TERM NO. t 0- `jW e ? v ?? ??'j CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE s ?-1 DPI a.'1'S'I 251798 File #: 251798 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 #: 251798 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: FAWZY A. TAWADROS TEREZA R. KALINY 3526 MARCH DRIVE CAMP HILL, PA 17011-5010 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/26/2007 FAWZY A. TAWADROS and TEREZA R. KALINY made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR ERA HOME LOANS which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200744323. 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 06/01/2010 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 #: 251798 6. The following amounts are due on the mortgage: Principal Balance $146,744.72 Interest $5,468.76 05/01/2010 through 11/29/20 10 Late Charges through 11/29/2010 $475.40 Mortgage Insurance Premium / $98.18 Private Mortgage Insurance Escrow Deficit 1700.54 TOTAL $154,487.60 7. 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 251798 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $154,487.60, together with interest from 11/29/2010 at the rate of $25.98 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage, including but not limited to attorneys fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: ? Lawrence T. Phel , Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? J dith T. Romano, Esq., Id. No. 58745 L_kSheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 Attorneys for Plaintiff File #: 251798 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Camp Hill (formerly Hampden Township), Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northern side of March Drive, which point is 155.00 feet east of the northeast corner of March Drive and June Drive, and at the division line of Lots Nos. 58 and 59, on the hereinafter mentioned Plan of Lots; thence North 24 degrees 26 minutes West along said division line, 109.80 feet to a point at lands now or late of Camp Hill Realty Corporation; thence North 65 degrees 49 minutes East along the aforementioned lands now or late of Camp Hill Realty Corporation, 65.00 feet to a point at the division line of Lots Nos. 59 and 60; thence South 24 degrees 26 minutes East along said division line, a distance of 109.52 feet to a point on the northern side of March Drive; thence South 65 degrees 34 minutes West along aforementioned March Drive, 65.00 feet to a point, the place of BEGINNING. BEING Lot No. 59, Block'A', Section 2, on Plan of Lots of Trindle Village, recorded in Plan Book 9, Page 12, Cumberland County Records. HAVING THEREON ERECTED a single dwelling house known and numbered as 3526 March Drive, Camp Hill, Pennsylvania. BEING THE SAME PREMISES which Katherine M. Myers, widow, by Deed dated April 8, 1992, and recorded April 22, 1992, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book P, Volume 35, Page 1079, granted and conveyed unto Charles E. Lonkart, single man, now a married man, Grantor herein. PROPERTY ADDRESS: 3526 MARCH DRIVE, CAMP HILL, PA 17011-5010 PARCEL # 01-22-0531-039 File #: 251798 VERIFICATION Sf jGnno" m? asses , hereby states that he/she is ?,44Q of, PHH MORTGAGE CORPORATION, servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DATE: l ?A0 1 v File #: 251798 Title: ,4r i0 ? To mQSS? Servicer: PHH MORTGAGE CORPORATION Name: TAWADROS SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor FILED-OFFICE 011 JAH 12 Ali : 57 3 ?: ! PHH Mortgage Corporation vs. Fawzy A. Tawadros (et al.) Case Number 2010-7909 SHERIFF'S RETURN OF SERVICE 01/06/2011 06:00 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on January 6 2011 at 1800 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Fawzy A. Tawadros, by making known unto himself personally, at 3526 March Drive, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. RYAN BURGET UTY 01/06/2011 06:00 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on January 6 2011 at 1800 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Tereza R. Kaliny, by making known unto Fawzy A. Tawadros, Husband of defendant at 3526 March Drive, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $57.50 January 07, 2011 RYAN BURGE UTY SO ANSWERS, RON Y R ANDERSON, SHERIFF ?, ntrt' ? c's :Gn Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Attorney for Plaintiff Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 a _ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ?rn Jenine R. Davey, Esq., Id. No. 87077 "W "' Z Lauren R. Tabas, Esq., Id. No. 93337 w Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 =6 Z E) ?, r Peter J. Mulcahy, Esq., Id. No. 61791 p ' e 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., [d. 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. FAWZY A. TAWADROS TEREZA R. KALINY : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 10-7909 CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against FAWZY A. TAWADROS, and TEREZA R. KALINY, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: pxv,? ? 1y. d° ? 1 ?,.#.(os 6ySq ???5 a75 '?1icc ?a;? te8? 251798 As set forth in Complaint $154,487.60 Interest - 11/30/2010 to 02/15/2011 TOTAL $2,026.44 $156,514.04 I hereby certify that (1) the Defendant's last known address is 3526 MARCH DRIVE, CAMP HILL, PA 17011-5010, and (2) that notice has been given in accordance with Rule 237.1, copy attached. awrence 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 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: . PHS # 251798 PROTHONOTARY 251798 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. FAWZY A. TAWADROS TEREZA R. KALINY Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 10-7909 CIVIL TERM AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant FAWZY A. TAWADROS is over 18 years of age and resides at 3526 MARCH DRIVE, CAMP HILL, PA 17011-5010. 251798 (c) that defendant TEREZA R. KALINY is over 18 years of age and resides at 3526 MARCH DRIVE, CAMP HILL, PA 17011-5010. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. February 15, 2011 ? Lawrence T. Phelan, Esq., Id. No. 32227 E '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 Attorney for Plaintiff 251798 (Rule of Civil Procedure No. 236) - Revised PHH MORTGAGE CORPORATION VS. FAWZY A. TAWADROS TEREZA R. KALINY : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 10-7909 CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on j By. If you have any questions concerning this matter please contact: ? Lawrence T. Phelan, Esq., Id. No. 32227 3francis 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 Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 "THIS THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECTA DEBT, BUT ONL Y ENFORCEMENT OFA LIENAGAINST PROPERTY. ** 251798 PHH MORTGAGE CORPORATION V. Plaintiff COURT OF COMMON PLEAS CIVIL DIVI SON NO. 10-7909 CIVIL TERM FAWZY A. TAWADROS TEREZA R. KALINY Defendant(s) TO: FAWZY A. TAWADROS 3526 MARCH DRIVE CAMP HILL, PA 17011-5010 DATE OF NOTICE: February 2, 2011 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. PHS # 251798 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 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 i Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plana Philadelphia, PA 19103 PHS # 251798 PHH MORTGAGE CORPORATION v. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-7909 CIVIL TERM FAWZY A. TAWADROS TEREZA R. KALINY Defendant(s) TO: TEREZA R. KALINY 3526 MARCH DRIVE CAMP HILL, PA 17011-5010 DATE OF NOTICE: February 2, 2011 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. PHS # 251798 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 wrence T. helan, Esq., Id. No, 27 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett:, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 251798 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO10-7909 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION Plaintiff (s) From FAWXY A. TAWADROS and TEREZA R. KALINY (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 $156,514.04 L.L. $.50 Interest from 02/16/2011 to Date of Sale ($26.09 per diem) - - $2,765.54 Atty's Comm % Due Prothy $2.00 Atty Paid $190.00 Other Costs Plaintiff Paid Date: S/1/11 1 ?. David D. ell, Prothon (Seal) BY., Deputy REQUESTING PARTY: Name: ALLISON F. WELLS, 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. 309519 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 PHH MORTGAGE CORPORATION Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION v FAWZY A. TAWADROS TEREZA R. KALINY Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 02/16/2011 to Date of Sale ($26.09 per diem) TOTAL s oo Pd Al 5"1• So C6F 01a-oo 1 LC Do a. SO tqo. oo C ?y Note: Please attach description of property. PHS # 251798 NO.: 10-7909 CIVIL TERM CUMBERLAND COUNTY $156,514.04 $2,765.54 j Y C r c $159,279.58 5 ? c f1reFan Hallinan & Schmieg, LLP J El Lawrence T. Phelan, Esq., Id. N 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. 20236 ? 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 ? ew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 Va.ov?C? ? 1 os??3a a ?sg7s ,'f of 4.t_Shued -o ? ? o 0 0 0 O 3 a Aa Aa ? ¢?a gad 3 N?A Ngx . b ¢ ¢ tf) < wcnU 4 Fen U w z o? O N NT 10 a? oll t- r- z W„? 00 W, X It ?? O U N N N'O1° o N rn v O N O N a I ?WC M?D?O po0 pM ??zNN OHO O0.Wi ??yj W ?z z- czo?o 0 oz?zzb n 0 .6 d ;2 o -0 so. 0 C? w ?bWww ?? yWWW ?+°'w Pik Hx c w Hxa, oAH „Ax?3 CA .0, UW Via" ?"C?A ?U y'04?v dWawAtirrs U"U ¢3 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of Camp Hill (formerly Hampden Township), Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northern side of March Drive which point is 155 feet East of the Northeast corner of March Drive and June Drive and at the division line of Lots No. 58 and 59 on the hereinafter mentioned Plan of Lots; thence North 24 degrees 26 minutes West along said division line 109.80 feet to a point at lands now or late of Camp Hill Realty Corporation; thence North 65 degrees 49 minutes East along the aforementioned lands now or late of Camp Hill Realty Corporation 65 feet to a point at the division line of Lots No. 59 and 60; thence South 24 degrees 26 minutes East along said division line, a distance of 109.52 feet to a point on the Northern side of March Drive; thence South 65 degrees 34 minutes West along aforementioned March Drive 65 feet to a point, the place of BEGINNING. BEING Lot No. 59, Block'A', Section 2 on Plan of Lots of Trindle Village, recorded in Plan Book 9, Rip 12, Cumberland County records. UNDER AND SUBJECT to covenants, conditions, reservations, restrictions, easements, and right of ways of record. HAVING THEREON ERECTED a single dwelling house known and numbered as 3526 March Drive, Camp Hill, Pennsylvania. TITLE TO SAID PREMISES VESTED IN Fawzy A. Tawadros and Tereza R. Kaliny, h/w, by Deed from Charles E. Lonkart, married man, dated 11/26/2007, recorded 11/28/2007 in Instrument Number 200744322. PREMISES BEING: 3526 MARCH DRIVE, CAMP HILL, PA 17011-5010 PARCEL NO. 01-22-0531-039 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff V. FAWZY A. TAWADROS TEREZA R. KALINY Defendant(s) = t! Ei:j-(31 F PI : E a = "i riONOTA ? Attorneys for Plaintiff G 1 ?? -1 AM 10: 49 (;UMBERLAND COUNTY PENNSYLVANIA . COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 10-7909 CIVIL TERM : CUMBERLAND COUNTY CERTIFICATION 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. he la Plaintiff l Att orn ev for Pn Hallinane m? ieg, LL E] Lawrence T. Phelan , Esq.'Id - No 32227 ? Francis S. Hallinan , Esq., Id. N .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 ? An ew C. Bramblett, Esq., Id. No. 208375 llison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 PHH MORTGAGE CORPORATION Plaintiff V. FAWZY A. TAWADROS TEREZA R. KALINY Defendant(s) in1irunt -i W10:It9 COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-7909 CIVIL TERM CUMBERLAND COUNTY r,UMBERLAND v PHS # 251798 PENNSYLVANIA COUNT, 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 3526 MARCH DRIVE, CAMP HILL, PA 17011-5010. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) FAWZY A. TAWADROS 3526 MARCH DRIVE CAMP HILL, PA 17011-5010 TEREZA R. KALINY 3526 MARCH DRIVE CAMP HILL, PA 17011-5010 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 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 3526 MARCH DRIVE CAMP HILL, PA 17011-5010 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 PENNSYLVANIA 6TH FLOOR, STRAWBERRY SQ. DEPT. 280601 BUREAU OF INDIVIDUAL TAX INHERITANCE HARRISBURG, PA 17128 TAX "DIVISION ATTN: JOHN MURPHY DEPARTMENT OF PUBLIC WELFARE TPL PO BOX 8486 CASUALTY UNIT ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG, PA 17105-15222 U.S. DEPARTMENT OF JUSTICE U.S. PO BOX 11754 ATTORNEY FOR THE MIDDLE DISTRICT OF 228 WALNUT STREET PA FEDERAL BUILDING HARRISBURG, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relati!j?? falsification to authorities. Date: I By: Att y for Plaintiff Ph Ian Hallinan & Schmie LLP ? La , sq., 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 ? AAdrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 i PHH MORTGAGE CORPORATION FAWZY A. TAWADROS VS. Plaintiff rOl L MAIR - 4 A1110: 49; 0,11BERLAND COUNTY' 11 ENINSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-7909 CIVIL TERM TEREZA R. KALINY : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: FAWZY A. TAWADROS 3526 MARCH DRIVE CAMP HILL, PA 17011-5010 TEREZA R. KALINY 3526 MARCH DRIVE CAMP HILL, PA 17011-5010 * *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 3526 MARCH DRIVE, CAMP HILL, PA 17011-5010 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 $156,514.04 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. Thy 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 of land situate in the Borough of Camp Hill (formerly Hampden Township), Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northern side of March Drive which point is 155 feet East of the Northeast corner of March Drive and June Drive and at the division line of Lots No. 58 and 59 on the hereinafter mentioned Plan of Lots; thence North 24 degrees 26 minutes West along said division line 109.80 1,; to a point at lands now or late of Camp Hill Realty Corporation; thence North 65 degrees 49 minutes East along the aforementioned lands now or late of Camp Hill Realty Corporation 65 feet to a point at the division line of Lots No. 59 and 60; thence South 24 degrees 26 minutes East along said division line, a distance of 109.52 feet to a point on the Northern side of March Drive; thence South 65 degrees 34 minutes West along aforementioned March Drive 65 feet to a point, the place of BEGINNING. BEING Lot No. 59, Block'A', Section 2 on Plan of Lots of Trindle Village, recorded *M Plan Bo( 12, Cumberland County records. UNDER AND SUBJECT to covenants, conditions, reservations, restrictions, easements, and right of ways of record. HAVING THEREON ERECTED a single dwelling house known and numbered as 3526 March Drive, Camp Hill, Pennsylvania. TITLE TO SAID PREMISES VESTED IN Fawzy A. Tawadros and Tereza R. Kaliny, h/w, by Deed from Charles E. Lonkart, married man, dated 11/26/2007, recorded 11/28/2007 in Instrument Number 200744322. PREMISES BEING: 3526 MARCH DRIVE, CAMP HILL, PA 17011-5010 PARCEL NO. 01-22-0531-039 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-7909 CIVIL TERM PHH MORTGAGE CORPORATION VS. FAWZY A. TAWADROS TEREZA R. KALINY owner(s) of property situate in the TOWNSHIP OF formerly Hampden, BOROUGH OF Camp Hill, Cumberland County, Pennsylvania, being (Municipality) 3526 MARCH DRIVE, CAMP HILL, PA 17011-5010 Parcel No. 01-22-0531-039 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $156,514.04 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 look PLAINTIFF PHH MORTGAGE CORPORATION AFFIDAVIT OF SERVICE (FNMA) CUMBERLAND COUNTY PHS # 251798 DEFENDANT FAWZY A. TAWADROS TEREZA R. KALINY SERVE FAWZY A. TAWADROS AT: 3526 MARCH DRIVE CAMP HILL, PA 17011-5010 Served and made known to FAWZY. clock P. M., at,? tG AA?c Defendant personally served. Adult family member with whom I Relationship is Adult in charge of Defendant's resit Manager/Clerk of place of lodging _ Agent or person in charge of Defen _ an officer of sai Other: Description: Age '410 Height 1, ?r 04AI'l- , a compe handed a true and correct copy of the I case on the date and at the address indi, Sworn to and subscribed before me this 6;,_ 4, day of /h44-E. , 20 K . Not , y: On t day f f ac Does Not No Answer on at Service Refused Other: Sworn to and subscribed before me this day of I . By: . Notary: }?t1?"j?tv E?00 s E3 R(Y Ct IRTY AI J' I ET:1 Y 7.2013 Sb.C}? t !,#tp RCH SERVICE TEAM/ lxh COURT NO.: 10-7909 CIVIL TERM o TYPE OF ACTION XX N i f Sh iff' l > Tl? L " t ot ce o er s Sa e t tJ SALE DATE: 06/01/2011 v SERVED ? WADROS , Defendant on the day of 20 f ate' -r n the manner described below: ti t: - ant(s) reside(s). _< V :nce who refused to give name or relationship. which Defendant(s) reside(s). ant's office or usual place of business. Defendant's company. Weight Race Sex 197 Other adult, being duly sworn according to law, depose and state that I personally cc of Sheriffs Sale in the manner as set forth herein. issued in t captioned J above. NOT SERVED / at o'clock _. M., Defendant NOT FOUND because: _ Moved _ Does Not Reside (Not Vacant) at ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Fsq, 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 Shectal R. Shah-,lani, Esq., Id. No. 817(41 .lenine R. Davey, Fsq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 2112331 .lay B. Jones, Esq., Id. No. 86657 Peter.l. Mulcahy, Esq., Id. No. 61791 Andrew L. Spi-ek, Esq., Id. No. 84439 Chruovalante P. Fliakos, Esq., Id. No. 94621) .Joshua 1. Goldman. Esq., Id. No. 2115147 Courtemo R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblelt. Esq., Id. No. 2118375 Allison F. Wells, Esq, Id. No. 3119519 William E. Miller, Esq, Id. No. 3118951 One Penn Center at Suburban Station 1617.1uhn F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 1215) 563-7000 Kenneth W. Baker 19 Bisbee Drive Burlington,NJ 08016 Ph. 609-526-4231 `w PLAINTIFF PHH MORTGAGE CORPORATION AFFIDAVIT OF SERVICE (FNMA) CUMBERLAND COUNTY PHS # 251798 DEFENDANT FAWZY A. TAWADROS TEREZA R. KALINY SERVE TEREZA R. KALINY AT: 3526 MARCH DRIVE CAMP HILL, PA 17011-5010 Served and made known to TEREZA :3J, o'clock /°. M., atSrL _ Defendant personally served. j_1 Adult family member with who Relationship is - Adult in charge of Defendant's rest - Manager/Clerk of place of lodging - Agent or person in charge of Defer an officer of sa Other: Description: Age `/tl7 Height : I, Cie ale, , a compe handed a true and correct copy of the case on the date and at the address indi Sworn to and subscribed before me this day of /)).072.4 -2.a, N Service Refused Other: Sworn to and subscribed before me this day of _72u Notary: Does Not at By: SERVICE TEAM/ Ixh COURT NO.: 10-7909 CIVIL TFCW r - O.?? Co TYPE OF ACTION i1 f XX Notice of Sheriff s Sale 06/01/2011 ALE DATE p : S c * , SERVED ?© Defendant on the G Today of /714" , 20 -^ /ice /??`! in the manner described below: fendant(s reside ). ?/q?ROf .77o refused to give name or relationship. which Defendant(s) reside(s). ant's office or usual place of business. Defendant's company. Weight ,Cd?9 Race A ,e Sex ? Other C:) i N. nt adult, being duly sworn according to law, depose and state that I personally otice of Sheriffs Sale in the manner as set forth herein, issued in the 'ptioned Jted above. KIMBERLY CURTY NOTAR'Y' PliB ,'C STATE OF NNE/ jE-ASLY JMMISSION E` -;1'!RL' MARCH 7, 2013 Kenneth W. Baker NOT SERVED 19 Bisbee Drive at o'clock _. M., Defendant NOT FOUND because: Budington,NJ 08016 st - Moved - Does Not Reside (Not Vacant) Ph. 609-526-4231 at ATTORNEY FOR PLAINTIFF 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 Shectal R. Shah-.tani, Esq.. Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivck Srivastava, Esq., Id. No. 202131 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivach, Esq., Id. No. 84439 Chrisovalanle P. Fliakos, Esq., Id. No. 94621) Joshua L Goldman, Fsq., Id. No. 2051W7 Courtcnay R. Dunn, Fsq., Id. No. 216779 Andrew C. Bramble6, Esq., Id. No. 208375 Allison F. Welk, Fsq.. Id. No. 3IN519 William E. Miller Fsq, Id. No. 3118951 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadclphia,PA 19103-1814 (215)563-7081 l'HE PROTHONOTAR 9 I I MAR 25 M 10: 11 UMBERLAND COURT`' PENNSYLVANIA Phelan Hallinan & Schmieg, LL 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. .69849 Judith T. Romano, Esq., Id. No. 8745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 8 ?077 Lauren R. Tabas, Esq., Id. No. 9 337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 6'791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 05047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 30 519 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORAJION Plaintiff V. FAWZY A. TAWADROS TEREZA R. KALINY ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-7909 CIVIL TERM 251798 Plaintiff, by its A Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judg nt in this matter, and in support thereof avers the following: 1. Plaintiff commen ed this foreclosure action by filing a Complaint on December 29, 2010. 2. Judgment was ent?red on February 16, 2011 in the amount of $156,514.04. A true and correct copy of the prae ipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must e entered for the amount claimed in the complaint and any item which can be calculated from the omplaint, i.e. bringing the interest current. However, new items cannot be added at the time of 4. The Property is li 5. Additional sums Complaint was filed and since the judgment. The amount Principal Balance Interest Through June 1 Per Diem $25.98 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Pr Appraisal/Brokers Price Mortgage Insurance Pre Private Mortgage Insura Non Sufficient Funds Cl Suspense/Misc. Credits Escrow Deficit TOTAL y of the judgment. ed for Sheriffs Sale on June 1, 2011. ive been incurred or expended on Defendants' behalf since the its have been given credit for any payments that have been made f damages should now read as follows: $146,744.72 2011 $10,272.86 $475.40 $1,300.00 $885.00 $0.00 ,perty Preservation $78.75 Dpinion $0.00 iium / $490.90 ice arge $0.00 ($0.00) $2,683.23 $162,930.86 251798 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms o the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff's foreclo ure judgment is in rem only and does not include personal liability, as addressed in Plaintiff s attached brief. 9. In accordance with C berland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess D ages and Order to the Defendant on March 16, 2011 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, mad part hereof, and marked as Exhibit "B". 10. No judge has previously entered a ruling in this case. 251798 WHEREFORE, Plaintiff judgment as requested. DATE: y requests that this Honorable Court amend the Phelan Hallinan & I Lawr elan, Esq., I 32227 Francis S. Hallinan, Esq., Id. No. 695 ? Daniel G. Schmieg, Esq., Id. N 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 ? w C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ATTORNEY FOR PLAINTIFF 251798 Phelan Hallinan & Schmieg, LL 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. o. 69849 Judith T. Romano, Esq., Id. No. 8745 Sheetal R. Shah-Jani, Esq., Id. . 81760 Jenine R. Davey, Esq., Id. No. 8" 077 Lauren R. Tabas, Esq., Id. No. 9 337 Vivek Srivastava, Esq., Id. No. 2 02331 Jay B. Jones, Esq., Id. No. 8665 Peter J. Mulcahy, Esq., Id. No. 6 791 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. N o. 208375 Allison F. Wells, Esq., Id. No. 3( 9519 William E. Miller, Esq., Id. No. 08951 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. FAWZY A. TAWADROS TEREZA R. KALINY M OF CUMBERLAND County No.: 10-7909 CIVIL TERM R 251798 I. BACKGROUND OF C FAWZY A. TAWADRO? and TEREZA R. KALINY executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as? these sums became due. Plaintiff s Note was secured by a Mortgage on the Property locate4 at 3526 MARCH DRIVE, CAMP HILL, PA 17011-5010. The Mortgage indicates that in tie event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, linsurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage pa ents. 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 ?eriod of time between the initiation of the mortgage foreclosure action, the entry of judgment 4d the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted lto include current interest, real estate taxes, insurance premiums, costs of collection, and other expe?ses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. I It is also appropriate to give Defendants credit for monthly payments tendered through bankr4ptcy, if any. II. IN It is settled law in Pennsyl ania that the Court may exercise its equitable powers to control the enforcement of a judgment and grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. utts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase 251798 v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has tepeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sal. 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 Pittsbur v. Cion oli, 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 d?y to day because the bank must advance sums in order to protect its collateral. Because a Mortgag4 lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the doe 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 eipended by the Plaintiff in protecting the property. Meco Reality Company V. Burns, 414 Pa. 495, 400 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 lass in that it would not be able to recoup monies it advanced to protect its interests. Conversely, *nending the in rem judgment will not be detrimental to Defendants as it imputes no perso?al liability. In B.C.Y. v. Bukovich, th? Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to Orrect a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). IIn the within case, the amount of the original judgment does not adequately reflect the additional sos due on the Mortgage due to Defendants' failure to tender payments during the foreclosure p oceeding and the advances made by the mortgage company. The Mortgage plainly requires the mo gagors to tender to the mortgagee monthly payments of principal 251798 and interest until the Promissory I ote accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the premiums, fire insurance mortgagor s have breached the to significant unjust financial losses III. The within case is a mortgaged property to Sheriffs S foreclosure is strictly in rem and Partnership v. Kimmel, 424 Pa. Discount Company v. Babuscio, Rule of Civil Procedure 1141(a). sufficient sums to pay monthly mortgage insurance taxes and other assessments relating to the Property. The of the Mortgage, and Plaintiff has been forced to incur this loan. REM ONL foreclosure action, the sole purpose of which is to take the Pennsylvania law makes clear that an action in mortgage not include any personal liability. Newtown Village 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania However, Pennsylvania 1 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 thle event that a third party real estate speculator were to bid on the mortgaged property at the receive the amount of the in rem j IV. INTEREST The Mortgage clearly req principal and interest due on the c Sale and become the successful purchaser, Plaintiff would from the Sheriff. that the Defendants shall promptly pay when due the riding debt. In addition, the Note specifies the rate of interest 251798 to be charged until the debt is pai? 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 If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have Disked loss of its collateral. If the Property were sold at a tax sale, Plaintiff s interest very well may e divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the to . If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds o restore the Property if it did not pay the insurance premiums. Most importantly, the Mc monies for taxes and insurance aj simply seeking to have the Court VI. ATTORNEY'S FEES The amount of attorney's with the loan documents and Pen concluded that a request of five p enforceable as an attorney's fee. Loan Association v. Street Road In Federal Land Bank of 1 of ten percent of the original morl 1979). Recently, the Superior Co included in the judgment in mortg specifically provides that the mortgagee may advance the charge these payments against the escrow account. Plaintiff is the terms of the Mortgage. requested in the Motion to Reassess Damages is in accordance vania law. Pennsylvania Courts have long and repeatedly nt of the outstanding principal balance is reasonable and 51 Pa. 78 (1865); First Federal Savings an d 68 D&C 2d 751, 755 (1974). amore v. Fetner, the Superior Court held that an attorney's fee ;e amount is not unconscionable. 410 A.2d 344 (Pa. Super. cited Fetner in confirming that an attorney's fee of ten percent foreclosure action was reasonable. Citicorp v. Morrisville 251798 Hampton Realty, 662 A.2d 1120 Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set Ittorney's fees and costs as it deems reasonable. VII. COST OF SUIT AN: Pursuant to the terms oft mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amo t claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners tb be named as Defendants in the foreclosure action. It is also necessary to determine whether :property. re are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title toIt is necessary to determine if there are IRS liens on the property, whether the Defi complaint), and numerous other 1 new liens on the property or new date. The Freedom of whereabouts are necessary to sale on the Defendant. The n and 3129.2 to notify all lienholde their interests will be divested by Accordingly, the modest necessary pursuant to Pennsylvar The mortgage and Pennsylvania 1 its are divorced (which could affect service of the issues. The title bringdown is necessary to identify any ers between the time of filing and complaint and the writ )n Act inquiries and the investigation into Defendants' tively attempt personal service of the complaint and notice of of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 owners, and interested persons of the Sheriffs sale date, as he Sheriffs sale. Plaintiff has incurred for the costs of suit and title were a law. The amounts were reasonable and actually incurred. .w permit Plaintiff to recover these sums through its 251798 foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out df the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, VIII. CONCLUSION Therefore, Plaintiff legal proceedings, and such the Mortgage, then the expenses included in the judgment. Plaintiff respectfully will not cause harm to the Defendants. submits that if the enforcement of its rights is delayed by require the mortgagee to expend additional sums provided for by become part of the mortgagee's lien and should be that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that itl has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied recover the monies it expended to terms of the Mortgage with the understanding that it would its collateral. 251798 WHEREFORE, Plaintiff i judgment as requested. DATE: requests that this Honorable Court amend the Phelan Hallinan & Schmieg, LLP ? Lawrenc d. No. 32227 Francis S. Hallinan, Esq., Id. 0.62695 ? Daniel G. Schmieg, Esq., Id. 62205 ? Michele M. Bradford, Esq., 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 ? An C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 Attorney for Plaintiff By: 251798 xhibit "A" 251798 Phelan Hallinan & Schmieg, LL. By: Lawrence T. Phelan, Esq., Id Francis S. Hallinan, Esq., Id. Daniel G. Schmieg, Esq., Id. Michele M. Bradford, Esq., ] Judith T. Romano, Esq., Id. I Sheetal R. Shah-Jani, Esq., 1 Jenine R. Davey, Esq., Id. Ni Lauren R. Tabas, Esq., Id. N Vivek Srivastava, Esq., Id. N Jay B. Jones, Esq., Id. No A. Peter J. Mulcahy, Esq., Id N Andrew L. Spivack, Esq., Id. Chrisovalante P. Fliakos, Esc Joshua 1. Goldman, Esq., Id. Courtenay R. Dunn, Esq., Id. Andrew C. Bramblett, Esq., I Allison F. Wells, Esq., Id. Nc William E. Miller, Esq., Id.1? 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE VS. FAWZY A. TAWADROS TEREZA R. KALINY PRAECIPE FOR TO THE PROTHONOTARY: No. 32227 No. 62695 No. 62205 3. No. 69849 To. 58745 . No. 81760 .87077 .93337 Ali v 11Y Id. No. 94620 o.205047 4o.206779 No. 208375 309519 .308951 r^. rn Z rn '1rrl 7 FTC = Zy rrt C ZG m o ? CUMBERLAND COUNTY COURT OF COMMON-PLEAS CIVIL DIVISI01a1 ?.'==. r Wr .fir. No - ,Q i7pb IVIL TERM REM JUDGMENT FOR FAILURE TO Kindly enter judgment in fa or of the Plaintiff and against FAWZY A. TAWADROS and TEREZA R. KALINY Defer dant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as folio s: Attorney for Plaintiff 251798 As set forth in Complaint $154,487.60 Interest -11/30/2010 to 0 /15/2011 TOTAL I hereby certify that (1) CAMP HILL, PA 17011-5010, copy attached. $2,026.44 $156,514.04 Defendant's last known address is 3526 MARCH DRIVE, f (2) that notice has been given in accordance with Rule 237.1, DAMAGES ARE HEREBY DATE: PHS # 251798 u Pwrence 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 ? 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 Attorney for Plaintiff AS INDICATED. PROTHONOTARY 251798 xhibit "B" 251798 ?O16 o9 Z syw 0 0 v a ? W o Y U Q ? U z? ?a a. O ? ^?p w zQo ate" TS o C O c vo E o y E c ups '0 0 L O y O E c `v Vn y (? x E 6 c c 1Z X02 C w ? E 13 9 t 0311b 1ry c .a 9S ZLLZb i °s $ 000 v yea Wl Z0 I 6ucA3 ld B a ?; v c '- ?v v (yam ?dy5 a E W O X ?. ° a ?bE O v N U ? N U v???,o o E > E ° ` a o o ?,., c v, E w A c ow Erv o ? o a Er Q _ oE O to V vi N p O 1 140 ,.CO v ? p ? M Q u 0 ? a w Q ? a C W a ?v Ce w ?o E- y C o°. w f.l vi Ca ? Q 4. Q ? w 0 O r O O j E A _ '-- ? z> Z wa o? Hx ON Z U N ? x a o ?; °' z ti ^? N M rt k n 00 O? N M h c.? Ha 00 N c PHEL Phelan Hallinan & Schmieg, March 16, 2011 FAWZY A. TAWADROS TEREZA R. KALINY 3526 MARCH DRIVE CAMP HILL, PA 17011-5010 RE: PHH MORTGAGE CO: KALINY Premises Address: 3526 CUMBERLAND Count Dear Defendants, Enclosed please find a tr and Order. In accordance with C concurrence with the requested i respond to me within 5 days, by Should you have further Otherwise, please be guided acc Very truly yours Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire HALLINAN & SCHMIEG, LLP 617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Representing Lenders in Pennsylvania and New Jersey TION v. FAWZY A. TAWADROS and TEREZA R. ZARCH DRIVE CAMP HILL, PA 17011 CCP, No. 10-7909 CIVIL TERM and correct copy of my proposed Motion to Reassess Damages iberland County Local Rule 208.3(9), I am seeking your of that is, increasing the amount of the judgment. Please arch 22, 2011. or concerns, please do not hesitate to contact me. Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Chrisovalante P. Fliakos, Esqu Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Allison F. Wells, Esquire William E. Miller, Esquire Enclosure VERIFICATION I hereby state that I am make this verification, and that Damages are true and correct to attorney for Plaintiff in this action, that I am authorized to statements made in the foregoing Motion to Reassess best of my knowledge, information and belief. The undersigned understands that thi? statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: Bv, Lawrence T. Phelan, Esq., Id. No. 32227 ran'. Ilinan, s ., o.62695 ? Daniel G. Schmieg, Esq., Id. No. 2205 ? Michele M. Bradford, Esq., Id. .69849 ? Judith T. Romano, Esq., Id. o. 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 ? ew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ATTORNEY FOR PLAINTIFF 251798 Phelan Hallinan & Schmieg, LL 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. .69849 Judith T. Romano, Esq., Id. No. 8745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. K077 Lauren R. Tabas, Esq., Id. No. 9 337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 6'791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 05047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 30 519 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. FAWZY A. TAWADROS TEREZA R. KALINY CA ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-7909 CIVIL TERM VI 251798 I hereby certify that true and Brief in Support thereof, FAWZY A. TAWADROS TEREZA R. KALINY 3526 MARCH DRIVE CAMP HILL, PA 17011-5010 correct copies of Plaintiffs Motion to Reassess Damages, sent to the following individuals on the date indicated below. Phelan Hallinan & DATE: Lawrence T. an, sq., 32227 ? Francis llinan, Esq., Id. No. 695 ? Daniel G. Schmieg, Esq., Id. N . 2205 ? Michele M. Bradford, Esq., d. 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 . Bramblett, Esq., Id. No. 208375 ison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ATTORNEY FOR PLAINTIFF 251798 ?' i -OFF IC E ???_?OTHONOTAF 2011 AP °6 AM !0: 02 "MIERLAND COUNTY PEPNSYLYAN1A Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 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 Court of Common Pleas Plaintiff Civil Division V. ; CUMBERLAND County FAWZY A. TAWADROS TEREZA R. KALINY No.: 10-7909 CIVIL TERM Defendants CERTIFICATION OF SERVICE 251798 i I hereby certify that a true and correct copy the Court's Rule dated March 29, 2011, was sent to the following individuals on the date indicated below. FAWZY A. TAWADROS TEREZA R. KALINY 3526 MARCH DRIVE CAMP HILL, PA 17011-5010 DATE: 14, / Phelan Hallinan & Schmiea. LLP ce T. Ph Esq., Id. No. 32227 ? Francis S. allinan, E?q. . No. 62695 ? Daniel G. Schmieg, ENo. 62205 ? Michele M. BradfordId. 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 El'Aflison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ATTORNEY FOR PLAINTIFF 251798 7 _ z l f It RR 25 AM 9: 0- 'CUMBERLAND COUNTY PENNSYLVANIA Phelan 11allinan & Schmieg, LLP By: La ence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis . 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 Jenine . Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek S ivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. ulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisov lante P. Fliakos, Esq., Id. No. 94620 Joshua I Goldman, Esq., Id. No. 205047 Courten y R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison',-. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 1617 JF Boulevard, Suite 1400 One Pe Center Plaza Philadel hia, PA 19103 215-563 7000 PHH M RTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division CUMBERLAND County FAWZ A. TAWADROS TEREZ R. KALINY No.: 10-7909 CIVIL TERM Defendants MOTION TO MAKE RULE ABSOLUTE 251798 MORTGAGE CORPORATION, by and through its attorney, Phelan Hallinan & Schmiek, LLP, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the abo?e-captioned action, and in support thereof avers as follows: A Motion to Reassess Damages was filed with the Court on March 25, 2011. 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 Defendants on March 16, 2011 and req*ested the Defendants' Concurrence. Plaintiff did not receive any response from the True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and of mailing are attached hereto, made part hereof, and marked as Exhibit A. A Rule was issued by the Honorable J. Wesley Oler, Jr. on or about March 29, 2011 di?ecting the Defendants to show cause why the Motion to Reassess Damages should not be grantied. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit The Rule to Show Cause was timely served upon all parties on April 5, 2011 in with the applicable rules of civil procedure. A true and correct copy of the of Service is attached hereto, made part hereof, and marked Exhibit: C. Defendants failed to respond or otherwise plead by the Rule Returnable date of April 1 , 2011. 251798 RE, Plaintiff requests that this Honorable Court make the Rule to Show Cause apsolute and grant Plaintiff's Motion to Reassess Damages. Phelan DATE: Lawrence T. Phelan Es . Id. No. 32227 ? Francis S. inan, Esq., Id. 2695 ? Daniel G. Schmieg, Esq., Id. No. 6 205 ? Michele M. Bradford, Esq., Id. N . 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 ? And C. Bramblett, Esq., Id. No. 208375 11ison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ATTORNEY FOR PLAINTIFF 251798 Phelan I By: Lav Francis Daniel Michele Judith T Sheetal Jenine F Lauren Vivek S Jay B. J Peter J. Chriso, Joshua Allison Willian 1617 JF One Pe: 215-5 Iallinan & Schmieg, LLP rence T. Phelan, Esq., Id. No. 32227 3. Hallinan, Esq., Id. No. 62695 i. Schmieg, Esq., Id. No. 62205 M. Bradford, Esq., Id. No. 69849 Romano, Esq., Id. No. 58745 Z. Shah-Jani, Esq., Id. No. 81760 Davey, Esq., Id. No. 87077 Z. Tabas, Esq., Id. No. 93337 -ivastava, Esq., Id. No. 202331 )nes, Esq., Id. No. 86657 v4ulcahy, Esq., Id. No. 61791 L. Spivack, Esq., Id. No. 84439 dante P. Fliakos, Esq., Id. No. 94620 , Goldman, Esq., Id. No. 205047 iy R. Dunn, Esq., Id. No. 206779 C. Bramblett, Esq., Id. No. 208375 ;. Wells, Esq., Id. No. 309519 E. Miller, Esq., Id. No. 308951 Boulevard, Suite 1400 n Center Plaza )hia, PA 19103 •7000 PHH MQRTGAGE CORPORATION Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division FAWZYA. TAWADROS TEREZ R. KALINY Defendants CUMBERLAND County No.: 10-7909 CIVIL TERM S MOTION TO MAKE RULE 251798 Motion to Reassess Damages was filed with the Court on March 25, 2011. A Rule was entered ? y the Court on or about March 29, 2011 directing the Defendants to show cause why the Motion ? o Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on April 5, 2011 in accordance with the applicable rules of civil procedure. failed to respond or otherwise plead by the Rule Returnable date of April 19, 2011. ORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause a?solute and grant Plaintiff's Motion to Reassess Damages. Phelan DATE: I ,,arei helan, Esq., Id. No. 32227 ? Francis Sman , Es q., . o. 62695 ? Daniel G. Schur g, Esq., Id. 62205 ? Michele M. Bradford, Esq. 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 ? Aadrevv-C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ATTORNEY FOR PLAINTIFF 251798 Exhibit "A" 251798 I .-a pWp Z x U Q Q G4 b c w E z a 40 O u F O .S y ?p+ O 4l O N t N `n E ? v 0 U c P u ° o 0 r,4I ?•C v i 5 y `? X E m° ti ?? ?v 8 R G o v T Z U W ?. , E v o me °S '2 a Fd O W " .-. O O O ? a rA x o v ?$° v M d Z s O X o o a ? p,, d W b Ct1 a W ? v T ° o F ? o. ° W y i t7 n . . o A h y ?- Q 3 b k ?0 d 0. Q ?I kn Q O o 0 rl ? r1 c d 0. A a? N ? ? GMT , H a 00 Z r V C4 N ? h WO T ? U z 1 l L I I a ? N M ? V1 '. l? oo O? :? N M ,? n °'a 00 n N `l PHELAN HALLINAN & SCHMIEG, LLP 161.7 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Hallman & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey 16, 2011 FA ZY A. TAWADROS TE ZA R. KALINY 352 MARCH DRIVE CA NIP HILL, PA 17011-5010 RE: PHH MORTGAGE CORPORATION v. FAWZY A. TAWADROS and TEREZA R. KALINY Premises Address: 3526 MARCH DRIVE CAMP HILL, PA 17011 CUMBERLAND County CCP, No. 10-7909 CIVIL TERM Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),1 am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by March 22, 2011. Should you have further questions or concerns, please do not hesitate to contact me. ise, please be guided accordingly. Veritruly yours,,, - La ` ° Fence T. Phelan, Esquire Frar. cis S. HalIinan, Esquire Dan el G. Schmieg, Esquire Mic ele M. Bradford, Esquire Judi T. Romano, Esquire She tal R. Shah-Jani, Esquire Jen' e R. Davey, Esquire Lauren R. Tabas, Esquire I I Viv Srivastava, Esquire Jay B. Jones, Esquire Pete J. Mulcahy, Esquire And few L. Spivack, Esquire Chri ovalante P. Fliakos, Esquire Josh a I. Goldman, Esquire Co enay R. Dunn, Esquire And ew C. Bramblett, Esquire Alli on F. Wells, Esquire William E. Miller, Esquire Exhibit "B" 251798 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PI-114 MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division v. CUMBERLAND County FA ZY A. TAWADROS TE EZA R. KALINY No.: 10-7909 CIVIL TERM Defendants RULE AND NOW, this tt" day of MOr& _2011, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess to a Iant(s) shall have twenty (20) days of the date of this Order to file a responsive pleading Ts Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT a5MS Exhibit "C" 251798 " 10111 APR - H IC. r) CUMBERLAND COUNT PENNS Y _VAq, 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 Mi hele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 She tal R. Shah-Jani, Esq., Id. No. 81760 Jen ne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vi k Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Pet r J. Mulcahy, Esq., Id. No. 61791 An crew L. Spivack, Esq., Id. No. 84439 Chr sovalante P. Fliakos, Esq., Id. No. 94620 Jos ua I. Goldman, Esq., Id. No. 205047 Co enay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 Wil iam E. Miller, Esq., Id. No. 308951 161 JFK Boulevard, Suite 1400 On Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Morney File Copy ",,*,Qp Return ATTORNEY FOR PLAINTIFF PH MORTGAGE CORPORATION Plaintiff V, FAWZY A. TAWADROS TE ZA R. KALINY Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 10-7909 CIVIL TERM CERTIFICATION OF SERVICE 251798 I hereby certify that a true and correct copy the Court's Rule dated March 29, 2011, was to the following individuals on the date indicated below. F 35 D ZY A. TAWADROS :ZA R. KALINY MARCH DRIVE P HILL, PA 17011-5010 AMIC18Y File GO'PY Please Rel11rt1 Phelan Hallinan & Schmiea, LLP cc T. Id. No. 32227 Francis Shall inau, Esq., No. 62695 ? Daniel G. Schmieg, Esq., . No. 62205 Michele M. Bradford, I, q., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 [] Sheetal 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 (j 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 ?' A : Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 Q William E. Miller, Esq., Id. No. 308951 ATTORNEY FOR PLAINTIFF 251798 VERIFICATION hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make thfs verification, and that the statements made in the foregoing Motion to Make Rule are true and correct to the best of my knowledge, information and belief. The understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan DATE: Lf Lawrence T d. No. 32227 Francis S. Hallinan, Esq., Id. .62695 ? Daniel_ G. Schmieg, Esq., Id o.62205 ? Michee 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 L Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? An , Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ATTORNEY FOR PLAINTIFF 251798 Phelan allinan & Schmieg, LLP By: La ence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel Q. Schmieg, Esq., Id. No. 62205 Michel M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal . 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 Andre L. Spivack, Esq., Id. No. 84439 Chrisov lante P. Fliakos, Esq., Id. No. 94620 Joshua . Goldman, Esq., Id. No. 205047 Courte y R. Dunn, Esq., Id. No. 206779 Andre C. Bramblett, Esq., Id. No. 208375 Allison . Wells, Esq., Id. No. 309519 Willi E. Miller, Esq., Id. No. 308951 1617 JF Boulevard, Suite 1400 One Pe Center Plaza Philade hia, PA 19103 215-56 -7000 PHH M RTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division CUMBERLAND County FAWZ A. TAWADROS TEREZ R. KALINY No.: 10-7909 CIVIL TERM Defendants CERTIFICATION OF SERVICE 251798 hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute and Brigf in Support thereof were served upon the following individuals on the date indicated below. FAWZ A. TAWADROS TEREZ R. KALINY 3526 M ARCH DRIVE CAMP ILL, PA 17011-5010 DATE: Phelan Hallin , LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 a man, . d. No. 62695 U Daniel G. Schmieg, Esq., I No. 62205 ? Michele M. Bradford, Esq. d. 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 ? Apdrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ATTORNEY FOR PLAINTIFF 251798 i !. Q IN THE COURT OF COMMON PLEAS G OF CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION Plaintiff, V. FAWZY A. TAWADROS TEREZA R. KALINY Defendant(s) CUMBERLAND COUNT, - COURT OF COMMON PO CIVIL DIVISION No.: 10-7909 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: ?;G cn a ; rn 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 Cert' Return Receipt stamped by the U.S. Postal Service is attached hereto ?xl ' it U Lawrence T an?&sq., Id. No. 32 rancis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 622 ? Michele M. Bradford, Esq., Id. No. 849 ? 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 ? A ew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 Attorney for Plaintiff IMPORT NT 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. Date: 2 PHS # 251798 0 L 6 l 9000 diz WOE 03}ItlW 8 LLOZ ZO?!dW 99ZLLZb000 • w 0? el $ Wt z 0 s?? ?QA 1970 w o . S ?88? o v u nw a-?H2 z s A QF" w ,,d O ? p .a w H d .. U O o a ? u p ' w C ?ti.Yi . aoc o c Q .0v A? ? A a W ?o? .4 rA ?wo+ c G s.M w 4i h OR pr'?. ? D d o v .-? o ,.. w v? ? 13 d d. d F di d UQQp" S° o? 3 C q >'" °w a ~E !F 00 rs, ? ° eA''d'??Va'?? ar' ? °nIS' e?4p?„ ? +?•'l7VjOd. zCFG??py ?F? •? 3 ?. 8 Z?y'?88Zr.8°?, .pia .c ?wv, e,,, m o „O ???viv?'gNw a v,oa3 c.--,?aZFMUG?U.,UUAax?..?a??ri,N .o Z13 v dot Z O N M et to b 00 01 .O. : C4 on v? X C) Joseph K. Goldberg, Esquire mCCO ac --i 2080 Linglestown Road, Suite 106 == --< -am Harrisburg, PA 17110 Zr, v C ? (717) 703-3600 t- ?? jgoldberg@ssbc-law.com A.r, 330 «-n PA ID #46782 ? c0 -m --a cn W IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY , PENNSYLVAN IA PHH MORTGAGE CORPORATION, Plaintiff NO. 10-7909 CIVIL TERM V. FAWZY A. TAWADROS and TEREZA R. MORTGAGE FORECLOSURE KALINY, Defendants DEFENDANTS' EMERGENCY MOTION TO POSTPONE SHERIFF SALE SCHEDULED FOR JUNE 1 2011 AND NOW COME Defendants, Fawzy A. Tawadros and Tereza R. Kaliny, husband and wife, who file this Motion to Postpone Sheriff Sale Scheduled for June 1, 2011, at 10:00 a.m., and in support thereof aver as follows: REASON FOR EMERGENCY MOTION Defendants seek postponement of the Sheriff Sale to allow their application to the Homeowners' Emergency Mortgage Assistance Program ("HEMAP") to be fully considered. If approved, it will allow Defendants to avoid foreclosure. BACKGROUND 1. Defendants are immigrants from Egypt and live in the real property which is scheduled for Sheriff sale, located at 3526 March Drive, Camp Hill, PA 17011. They live there with their two children, ages 12 and 15. 2. Defendant purchased the home in approximately 2008, using a mortgage loan from PHH Mortgage Corporation, which is the Plaintiff in this case. 3. In June 2009, Defendant Fawzy A. Tawadros was laid off from his position with the United States Postal Service. 4. Due to the loss of income, Defendants were unable to keep current with their mortgage obligation. 5. In early 2010, Plaintiff filed the instant foreclosure action against Defendants. 6. Defendants were unable to afford to hire a lawyer, and did not qualify for legal services assistance. 7. Despite having lived here for several years, Defendants' understanding of the legal system is limited, as is their command of the English language. They did not understand that they could apply for assistance through the Pennsylvania Housing Finance Agency ("PHFA") which, if approved, would help them to avoid the Sheriff sale and keep their family home. 8. Plaintiff obtained a default judgment against Defendants, and eventually scheduled the subject property to be sold at Sheriff sale on June 1, 2011. 9. On April 29, 2011, Defendants met with the undersigned, who agreed to represent them in this matter pro bono. 10. On the recommendation of counsel, Defendants immediately contacted PHFA to begin the application process for HEMAP assistance. 11. Defendants attended face-to-face counseling on May 6, 2011. See Exhibit A, attached. 12. Per the established process, the counselor forwarded an application for 2 HEMAP benefits to PHFA. 13. As set forth in the May 16, 2011, letter, attached as Exhibit B, PHFA accepted the application and is currently in the process of considering it. 14. As stated in the letter, the HEMAP application process may take up to sixty (60) days. 15. As of the date of this Motion, Defendants' application is still under consideration. 16. On May 9, 2011, after learning that the face-to-face counseling session took place, counsel for Defendants sent an e-mail to Joseph Schalk, attorney for Plaintiff, requesting a postponement of the Sheriff sale to allow for a decision on Defendants' HEMAP application. 17. As of May 25, 2011, Mr. Schalk had not obtained permission from Plaintiff to agree to a continuance of the sale, and therefore does not concur in this Motion. 18. Defendants may suffer irreparable harm - in the form of loss of their home - if this Motion is not granted. 19. Taking the property off the June, 2011, list and placing it on the September, 2011, list will allow enough time for Defendants to receive a decision on their application for HEMAP assistance. 20. Any prejudice to Plaintiff as a result of granting this Motion - in the form of delay of the foreclosure - will be minimal, and certainly less than the concomitant harm to Defendants. 21. Pa. R.C.P. No. 3183(b)(2) allows the Court to stay execution in a foreclosure case for any legal or equitable ground. Also, in general, the law abhors a 3 forfeiture. WHEREFORE, Defendant respectfully requests that the court grant their Motion and stay the Sheriff Sale in this matter until the September, 2001, sale. submitted, J eph K. G dberg, ffiquire Attorney ID o. 46792 2080 Lingl sSuite 106 PAI7110 Date: 5` (717)703-WDO Attorney for Defendants 4 Phelan Hallinan & Schmieg, One Penn Center Philadelphia, PA 19103-1814 Mortgagee Name & Address Fax: 412-390-1336 In accordance with the Pennsylvania Homeowner's Emergency Mortgage Assistance Program (Act 91 of 1983), this is to inform you that we have been approached for mortgage counseling assistance by: Fawzy A. Tawadros Tereza R. Kaliny 3526 March Drive Camp Hill PA 17011 (Name and Address of Applicant) 9547110148744 (Mortgage Loan Number) This counseling agency has had a face-to-face meeting with the above-name applicant on 5/612011 , who indicated that they are more than 60 days delinquent on their mortgage payments and have received an Act 91 Notice of Homeowners' Emergency Mortgage Assistance Program dated 10/12/2010 from: Phelan Hallinan & Schmi , One Penn Center 1617 John F. Kennedy Blvd, Suite Philadelphia, PA 19103-1814 (Name and Address of Mortgagee) In accordance with the Homeowner's Emergency Mortgage Assistance Act, this is to inform you that: 1. Within 30 days from the date of this notice, we intend to forward an application to the Pennsylvania Housing Finance Agency, Homeowners' Emergency Mortgage Assistance Program on behalf of the above-mentioned applicant(s). .6y a copy of uus Douce, we are notifying any other mortgagees identified by the applicant( 3. No. legal action to enforce the mortgage may occur if a timely application is filed. The homeowner(s) must have a face-to-face meeting with a Consumer Credit Counseling Agency with 33 days from the date of the Act 91 Notice and an application -must be received by PE FA/HEMAP within 30 days of the face-to-face meeting in order to be protected by this forbearance period. Name of Counseling Agency CCCS of W. PA Address 2403 Sidney Street Pittsburgh, PA 15203 Telephone No. 412-390-1300 The PA Housing Finance Agency can be reached TOLL FREE at 1(800) 342-2397 or 1(717) 780-3940 EXHIBIT A appendixb-1 1617 John F. Kennedy Blvd, Suite 1400 Phone: 412-390-1300 Ext. 108 05/24/2011 16:26 17177613286 Pennsvivania P". y0oh--1 .7 tj ot,-4 ?-7gV PAGE 01 Homeowners' Emergency Mort-wage A ; truce Loan Program Payneents: 211 A i,rth Front Streg P.O. Box 15206 Harrisburg, PA 17105-5261 Correspondence: 211 AVrth Front Street, P.O. Box 15330 Harrisburg PA 17105-5530 (717) 784-3940 1-80;'•342-2397 FAX(777) 7Sp-3995 TTY(717) 780-1869 May 16, 2o11 FAWZY A. TAWADROS 3526 MARCH DR CAMP HILL, PA 17011 HEMAP Account Number: HE0002500ill5 .... Dear Homeowner:. The Pennsylvania Housing Finance Agency, Homeowners' Emergency Mortgage Assistance Program has received your application for a mortgage assi::lance loan. We will process this application as quickly as possible. If you are contaci.ed by either the counseling agency or us to provide additional information, you must Co so in a timely manner. You will be notified of the decision by mail within a maximum of 60 days from the date we received the application. You should continue to make payments as they come due if able, however, if your Lender returns them to you, save the money as you will need it at a later date. If you experience a change in employment or your financial circumstances, it is your responsibility to notify us of this change in writing and provide verification :if all changes as they occur. ON ALL FUTURE Thank you for your cooperation in this matter and best wishes in a speedy resolution to your housing problem. THE PENNSYLVANIA HOUSING FINANCE AGENCY -- " ro-&W-En migermicy I"viv7tg8ge -A sistra °c6--PTt7gi'am - cc: DKG newapph,:?dtmdocs/H EMAP/ EXHIBIT B CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on the ? day of , 2011, 1 served a copy of the foregoing, by fax and by first-class mail, posta a prepaid, upon the following: Joseph P. Schalk, Esquire Phelan, Hallinan & Schmieg 126 Locust Street Harrisburg, PA 17101 Attorney for Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson r. f JC-R ? I rift f ' ?'' Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor $ititp of9un??? OFF .(, 7f,F P'"S"a?fyir`,' PHH Mortgage Corporation vs. Fawzy A. Tawadros (et al.) Case Number 2010-7909 SHERIFF'S RETURN OF SERVICE 03/14/2011 07:10 PM - Deputy Ryan Burgett, 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 3526 March Drive, Camp Hill, PA 17011, Cumberland County. 03/14/2011 07:10 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be TEREZA KALINY (WIFE), who accepted as "Adult Person in Charge" for Fawzy A. Tawadros at 3526 March Drive, Camp Hill Borough, Camp Hill, PA 17011, Cumberland County. 03/14/2011 07:10 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Tereza R. Kaliny at 3526 March Drive, Camp Hill Borough, Camp Hill, PA 17011, Cumberland County. 05/27/2011 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 8/3/2011 07/26/2011 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 10/5/2011 09/29/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $1,204.96 SO ANSWERS, September 29, 2011 RON R ANDERSON, SHERIFF C , b -)3? 10P ,_s Geu!rySuitP She'iff. fteleo,;oft. Inc, On March 3, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Camp Hill Borough, Cumberland County, PA, Known and numbered as, 3526 March Drive, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 3, 2011 By: Real Estate Coordinator afi Z CUMBERLAND LAW JOURNAL Writ No. 2010-7909 Civil PHH Mortgage Corporation VS. Fawzy A. Tawadros Tereza R. Kaliny Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 10-7909 CIVIL TERM, PHH MORTGAGE CORPORATION vs. FAWZY A. TAWADROS, TEREZA R. KALINY, owner(s) of property situ- ate in the TOWNSHIP OF formerly Hampden, BOROUGH OF Camp Hill, Cumberland County, Pennsylvania, being 3526 MARCH DRIVE, CAMP HILL, PA 17011-5010. Parcel No. 01-22-0531-039. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $156,514- .04. 81 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. Lisa Marie Coyne, E for SWORN TO AND SUBSCRIBED before me this da of May. 2011 Notary ORAH A COLLINS FCARLISLE OTARIAL SEAL Notary Public UGH, CUMBERLAND COUNTY ion Expires Apr 28 , 2014 The Patriot-News Co. 2020 Technology Pkwy Suite 3Q0 ' Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 i4tPatriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act Nc. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book: "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/22/11 04/29/11 2010-7909 CWH Term PHH Mortipps Corporation v 05/06/11 r ? s Fawzy A. Tawadros AMr. Daniel $chtnleg By virtue of a Writ of Execution NO, 10- Sworn to and subscribed bef i me thi523 day of May, 2011 A.D. 7909 CIVIL TERM , PHH MORTGAGE CORPORATION VS. - FAWZY A. TAWADROS TEREZAR.KALINY Notary Public owner(s) of property situate in the TOWNSHIP OF formerly Hampden, BOROUGH OF Camp Hill, Cumberland County, Pennsylvania, being (Municipality) COMMONWEALTH OF PENNSYLVANIA 3526 MARCH DRIVE, CAMP HILL, PA - Notarial Seal 17011-5010 Sherrie L Kisner, Notary Public Parcel No. 01-22-0531-039 Lower Paxton Twp., Dauphin County (Acreage or street address) ( My Commission Expires Nov. 26, 2011 Improvements thereon: RESIDENTIAL 14ember, Pennsylvania Association of Notaries DWELLING JUDGMENT AMOUNT: $156,514.04