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Home My WebLink About11-2907Phelan 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. 698 9 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 817 60 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. 8443 Jaime McGuinness, Esq., Id. No. 9013 Chrisovalante P. Fliakos, Esq., Id. No. 46,' Joshua I. Goldman, Esq., Id. No. 20504 Courtenay R. Dunn, Esq., Id. No. 2067`9 Andrew C. Bramblett, Esq., Id. No. 20 375 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 NORTHWEST SAVINGS 108 LIBERTY STREET P.O. BOX 1793 WARREN, PA 16365 Plaintiff V. MARK A. HANAWAY PHYLLIS IRENE ELDRIGE 349 CARLISLE ROTA D NEWVILLE, PA 17241-954- Defei File #: 261847 X11 ?? -`? ?11 ? 19 ATTORNEY FOR PLAINTIFF 261847 COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. / I- ' / PI o CUMBERLAND COUNTY 890166 f2/a/h? C? ?ol?gg?° 3 2u 3s0 NOTICE You have been sued in Curt. If you wish to defend against the claims set forth in the following pages, you must take a?tion 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 noti?e 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 IF YOU CANNOT TO PROVIDE YOU WITH LEGAL SERVICES TO WITH INFORMATION ABOUT HIRING A LAWYER. RD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE RMATION ABOUT AGENCIES THAT MAY OFFER PERSONS AT A REDUCED FEE OR NO FEE. BLAND COUNTY ATTORNEY REFERRAL ND COUNTY BAR ASSOCIATION LAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 261847 I . Plaintiff is NORTHWEST SAVINgS BANK 108 LIBERTY STREET P.O. BOX 1793 WARREN, PA 16365 2. The name(s) and last known address(es) of the Defendant(s) are: MARK A. HANAWAY PHYLLIS IRENE ELD GE 349 CARLISLE ROAD NEWVILLE, PA 17241-c,545 who is/are the mortgagor s) and/or real owner(s) of the property hereinafter described. 3. On 11/16/2007 MARK A. HANAWAY and PHYLLIS IRENE ELDRIGE made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mort ate is recorded in the Office of the Recorder of 4 5 CUMBERLAND Coun in Instrument No. 200743688. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance ith 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. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01 /201 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 #: 261847 6. The following amounts ate due on the mortgage: Principal Balar. Interest 05/01/2010 thr, Late Charges tl Escrow Deficit TOTAL 12/24/2010 1 12/24/2010 $205,583.87 $5,697.20 $418.40 $4,131.16 $215,830.63 7. Plaintiff is not seeking a judgment of personal liability (or an in person am judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establi h 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 Pe svlvania Law. 8. Notice of Intention to F Emergency Assistance Notice of Default as re the Defendant(s) on the said notice has or an authorized by the Pennsylvania as set forth in Act 6 of 1974, Notice of Homeowner's gram pursuant to Act 91 of 1983, as amended in 1998, and/or red by the mortgage document, as applicable, have been sent to le(s) set forth thereon, and the temporary stay as provided by because Defendant(s) has/have failed to meet with the Plaintiff credit counseling agency, or has/have been denied assistance Finance Agency. File #: 261847 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $215,830.63, together with inter?st from 12/24/2010 at the rate of $23.9378 per diem to the date of judgment, and other costs, fee, and charges collectible under the mortgage, including but not limited to attorney fees and costs and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? ourtenay 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 Attorneys for Plaintiff File #: 261847 LEGAL DESCRIPTION ALL THAT certain three tra is of land situate in the Township of West Pennsboro, Cumberland Coun y, Pennsylvania, bounded and described as follows: TRACT NO. 1 BEGINNING at a point in th, lands now or formerly of W. degrees, West 200 feet to . formerly of J. Melvin and I aforesaid public road, Sou by same South 56 1/4 degre, concrete road; thence by t. 100 feet to the place of B. center of the concrete road, (Rte. 641); thence by yne Anthony and Mary Ellen Anthony, North 56 1/4 n iron pin; thence along other lands now or ildred D. Bard, his wife, and parallel to the h 49 degrees, West 100 feet to an iron pin; thence s, East 200 feet to the center of the aforesaid e aforesaid concrete road, North 49 degrees, East GINNING. CONTAINING approximately 1X2 acres. TRACT NO. 2 BEGINNING at point in Rout No. 641 at the corner of lands now or formerly of Wayne and Mary Ellen Antho y and now or formerly of Glenn L. Anthony; thence in said road South 56 degrees 15 minutes West 65.22 feet to a point; thence by other lands now or formerl of the said Wayne and Mary Ellen Anthony, North 37 degrees 15 minutes 20 seco ds West 185.12 feet to an iron pin, said line passing through an iron situate 13.27 feet from said point in Route No. 641; thence by lands now or formerly of the said Wayne and Mary Ellen Anthony, South 56 degrees 15 minute East 200 feet to a point in Route No. 641. CONTAINING 0.138 acres and being described according to a survey of John C. Brilhart, R.S., dated Sept mber 17, 1966. TRACT NO. 3 BEGINNING at a point in th4 center of the Newville-Carlisle Road, (Pa. Route File #: 261847 ' #641), at a common corner of lands now or formerly Wayne and Mary Ellen • Anthony and land now or formerly of Lester E. Funk and wife; thence along lands now or formerly of Wayne and Mary Ellen Anthony, North 50 degrees 41 minutes West 200 feet to a point at lands now or formerly of J. Melvin Bard and wife; thence along lan s now or formerly of J. Melvin Bard and wife, North 62 degrees 28 minutes East 60 feet to a stake at lands now or formerly of Lester E. Funk and wife; t ence along lands now or formerly of Lester E. Funk and wife, South 33 degrees 19 minutes East 184.83 feet to the place of BEGINNING. CONTAINING .126 acres. IT BEING the same premises which Ralph Day and Mabel Day, husband and wife, by Deed dated October 14, 1994, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 114, Page 151, granted and conveyed nto Leon W. Young and Helen L. Young, Grantors herein PROPERTY ADDRESS: 349 CARLISLE ROAD, NEWVILLE, PA 17241-9545 PARCEL # 46-07-0481-034 File #: 261847 VERIFICATION Cynthia M Diethrick , ereby states that he/she is Acquisition Coordinator of, NORTHWEST SAVINGS BANK, servicing agent for Plaintiff in this matter, that he/she i is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to i authorities. N :Cynthia M Diethrick DATE: 03/01/2011 Title: Acquisition Coordinator Servicer: NORTHWEST SAVINGS BANK File #: 261847 Name: HANAWAY SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy 21 FF, » Richard W Stewart Solicitor Northwest Savings Bank vs. Mark A. Hanaway (et al.) Case Number 2011-2907 SHERIFF'S RETURN OF SERVICE 03/15/2011 04:29 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on March 15, 2011 at 1629 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Mark A. Hanaway, by making known unto himself personally, at 349 Carlisle Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to him personally the said true and correct copy of the same. MICHAEL BARRICK, DEPUTY 03/15/2011 04:29 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on March 15, 2011 at 1629 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Phyllis Irene Eldridge, by making known unto Mark A. Hanaway, Husband of Defendant at 349 Carlisle Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to him personally the said true and correct copy of the same. MI HAE BARRICK, D U SHERIFF COST: $56.00 March 16, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF ,? Cow vS;Ige Shenff. Ielec: oft. In;:. 1T OTA PHELAN HALLINAN & SCHMIEG, LLP BY: JOSEPH P. SCHALK, ESQUIRE Identification No. 91656 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Northwest Savings Bank 108 Liberty Street P.O. Box 1793 Warren, PA 16365 Plaintiff V. Mark A. Hanaway Phyllis Irene Eldridge 349 Carlisle Road Newville, PA 17241-9545 Defendants 21;1 J UL 29 A 10: i :; "U11BERLA D COUNTY PENNSYLVANIA Attorney for Plaintiff Court Of Common Pleas Civil Division No. 11-2907-CIVIL Cumberland County PLAINTIFF'S MOTION TO AMEND COMPLAINT Plaintiff, Northwest Savings Bank, by and through its attorneys, Phelan Hallinan & Schmieg, LLP, respectfully requests that this Honorable Court enter an Order granting Plaintiffs Motion to Amend Complaint in the above-captioned matter and in support thereof avers as follows: Plaintiff commenced the above-captioned mortgage foreclosure civil action on March 9, 2011, by filing its Complaint, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit A. 261847 2. Plaintiff has advanced funds on the defaulted loan since the filing of the original Complaint. 3. The amount set forth in Paragraph 6 of Plaintiffs Complaint is no longer accurate. The amount currently due on the mortgage are as follows: Principal Balance $205,583.87 Interest $9,246.99 05/01/2010 through 05/17/2011 Late Charges $679.90 Escrow Deficit $8,356.36 Subtotal $223,867.12 Suspense Credit 755.00 TOTAL $223,112.12 4. Plaintiff therefore seeks leave to file an Amended Complaint to reflect the amounts now due on the Mortgage. A true and correct copy of the proposed Amended Complaint is attached hereto, made part hereof, and marked as Exhibit B. 5. Plaintiff sought concurrence of the Defendants by letter dated July 19, 2011. Copies of the letters dated July 19, 2011 are attached hereto, incorporated herein, and marked as Exhibit C. To date, no response has been received from the Defendants. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant its Motion to Amend Complaint to reflect the aforesaid amounts currently due on the Mortgage. DATE: 4q L Respectfully submitted, PHELAN HALLINAN & BY. Josept PUchalk,'Esc Attorn y for Plaintiff , LLP 261847 EXHIBIT A Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Affison 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 NORTHWEST SAVINGS BANK 108 LIBERTY STREET P.O. BOX 1793 WARREN, PA 16365 V. i- , f'i0[ 4 ??2 -9 X4111 ? 19 rU PE41?? YE?O A??S" ATTORNEY FOR PLAINTIFF 261847 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. II- ??yd7 [l?vi? MARK A. HANAWAY PHYLLIS IRENE ELDRIGE 349 CARLISLE ROAD NEWVTLLE, PA 17241-9545 Defendants CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE We h ,Sby ce? the he and 'Ort copy of d otigina 1 So 01 ree PLEASE' ?RETIA File H; 261847 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 N: 261847 1. Plaintiff is NORTHWEST SAVINGS BANK 108 LIBERTY STREET P.O. BOX 1793 WARREN, PA 16365 2. The name(s) and last known address(es) of the Defendant(s) are: MARK A. HANAWAY PHYLLIS IRENE ELDRIGE 349 CARLISLE ROAD NEWVILLE, PA 17241-9545 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 1 On 11/16/2007 MARK A. HANAWAY and PHYLLIS IRENE ELDRIGE made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Instrument No. 200743688. 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. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 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. Pile N; 261847 6. The following amounts are due on the mortgage: Principal Balance $205,583,87 Interest $5,697.20 05/01/2010 through 12/24/2010 Late Charges through 12/24/2010 $418.40 Escrow Deficit $4,131.16 TOTAL $215,830.63 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 Noticc 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 ff! 261847 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $215,830.63, together with interest from 12/24/2010 at the rate of $23.9378 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage, including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: ? L'O\'Yr " 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 ? oaricnay R. Dunn, Esq., Id. No. 206779 ndrew C. Bramblett, Esq,, Id. No. 208375 Allison F. Wells, Esq., Jd. No. 309519 ? William E. Miller, Esq., Id. No. 308951 Attorneys for Plaintiff File #'. 261947 LEGAL DESCRIPTION ALL FIAT certain three tracts of land situate in the Township of West Penrnsboro, Cumberland County, Pennsylvania, bounded and described as fellows TRACT NO. 1 BEGINNING at a point in the center of the concrete road, (Rte. 641); thence by lands now or formerly of Wayne Anthony and Mary Ellen Anthony, North 56 1/4 degrees, West 200 feet to an iron pin; thence along other lands now or formerly of J. Melvin and Mildred D. Bard, his wife, and parallel to the aforesaid public road, South 49 degrees, West 100 feet, to an iron pin; thence by same South 56 1/4 degrees, East 200 feet to the center of the aforesaid concrete road; thence by the aforesaid concrete road, North 49 degrees, Fast 100 feet to the place of BEGINNING. CONTAINING approximately 1/2 acres. TRACT NO. 2 BEGINNING at point in Route No. 641 at the corner of lands now or formerly o] Wayne and Mary Ellen Anthony and now ox formerly of Glenn 5.,. Anthony; thence in said road South 56 degrees 15 minutes West 65.22 feet to d point; thence by cther lands now or formerly of the said Wayne and Mary Ellen Anthony, North 37 degrees 15 minutes 20 seconds West 185.1.2 feet. to an .i.ron pin, said line pas?iniy through an -ron situate 13.27 feet from said point in Route No. 641; therice by lands now or formerly of the said Wayne and Mary Ellen Anthony, SOa1;1; 56) degrees 15 minutes EasL. 200 feet to a point in Route: No. 641. CONTAINJNG 0.138 acres and being described according to a survey of John C. Brill-,art, R.S., dated September 17, 1966. TRACT NO, 3 BECINNING at a point: in the center of the Newville-Carlisle Road, 'Pa. Route Pile fl: 261847 #641}, at a common corner of lands now or formerly Wayne and Mary Ellen Anthony and land now or formerly of Lester E. Funk and wife; thence along lands now or formerly of Wayne and Mary Ellen Anthony, North 50 degrees 41 minutes West 200 feet to a point at lands now or formerly of J. Melvin Bard and wife; thence along lands now or formerly of J. Melvin Bard and wife, North 62 degrees 28 minutes East 60 feet to a stake at lands now or formerly of Lester E. Funk and wife; thence along lands now or formerly of Lester E. Funk and wife, South 33 degrees 19 minutes East 184.83 feet to the place of BEGINNING. CONTAINING .126 acres. IT BEING the same premises which Ralph Day and Mabel Day, husband and wife, by Deed dated October 14, 1994, and recorded in the Office of the Recorder of Deeds in and for. Cumberland County, Pennsylvania, .-n Record Book 114, Page 151, granted and conveyed unto Leon W. Young and Helen L. Young, Grantors herein PROPERTY ADDRESS; 349 CARLISLE ROAD, NEWVI.LLE, PA 17241-9545 PARCEL # 46-07-0481-034 Pile 6 261847 Cynthia M Diethrick , hereby states that he/she is Acquisition e`ooxdinator of , NORTHWEST SAVINGS BANK, servicing agent for Plaintiff in this matter, that he/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to *best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ML N y, ClFnthia M;;Dtpthrick 1/2011 DATE: 03/0 _ Title: Acquisition.:Goordinator Servicer: NORTHWEST SAVINGS BANK File #: 261847 Name: HANAWAY EXHIBIT B Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 NORTHWEST SAVINGS BANK 108 LIBERTY STREET P.O. BOX 1793 WARREN, PA 16365 Plaintiff V. MARK A. HANAWAY PHYLLIS IRENE ELDRIDGE 349 CARLISLE ROAD NEWVILLE, PA 17241-9545 Defendants ATTORNEY FOR PLAINTIFF 261847 COURT OF COMMON PLEAS CIVIL DIVISION NO. 11-2907-CIVIL CUMBERLAND COUNTY CIVIL ACTION - LAW AMENDED COMPLAINT IN MORTGAGE FORECLOSURE 261847 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 #: 261847 ] . Plaintiff is NORTHWEST SAVINGS BANK 108 LIBERTY STREET P.O. BOX 1793 WARREN, PA 16365 2. The name(s) and last known address(es) of the Defendant(s) are: MARK A. HANAWAY PHYLLIS IRENE ELDRIDGE 349 CARLISLE ROAD NEWVILLE, PA 17241-9545 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/16/2007 MARK A. HANAWAY and PHYLLIS IRENE ELDRIDGE made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Instrument No. 200743688. 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. 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 #: 261847 6. The following amounts are due on the mortgage as of 05/17/2011: Principal Balance $205,583.87 Interest $9,246.99 05/01/2010 through 05/17/2011 Late Charges $679.90 Escrow Deficit $8,356.36 Subtotal $223,867.12 Suspense Credit 755.00 TOTAL $223,112.12 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 #: 261847 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $223,112.12, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. 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 Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Attorneys for Plaintiff File 4: 261847 VERIFICATION Cynthia M Diethrick hereby states that he/she is Acquisition Coordinator of NORTHWEST" SAVINGS BANK servicing agent for Plaintiff in this matter, that he/she is authorized to make this Verification and verify that the statements made in the forel ain,.g Amended Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, infonnation and belief The undersigned understands that this statement is made subiect to the penalties of 18 Pa. C.S Sec 4904 relating to msworn falsification to authorities 0,104 ko--,Rl (??k?ckj Nan*: Cynthia M Diethrick DATE: June 14, 2011 Title: Acquisition Coordinator Servicer: NORTHWEST SAVINGS BANK File #: 261847 Name: HANAWAY 261847 EXHIBIT C r, PNFLAN HALLINAN ?SCHMIEG 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 Fax (717) 234-1549 Email: joseph.schalkkfedphe com Joseph P. Schalk, Esquire July 20, 2011 Mark A. Hanaway 349 Carlisle Road Newville, PA 17241-9545 Re: Northwest Savings Bank v. Mark A. Hanaway, et al. Cumberland County CCP, No 11-2907-CIVIL Dear Mr.Hanaway: Representing Lenders in Pennsylvania and New Jersey* Enclosed please find Plaintiff's Motion to Amend Complaint, proposed Order, Rule Returnable, and Certification of Service regarding the above-referenced matter for your review. Pursuant to the Local Rules of Court in Cumberland County, we would like to know if you concur or intend to oppose the Motion. Please contact us by no later than Wednesday, July 27, 2011. Very trul P. Schalk, Esquire * Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you have previously received a discharge in bankruptcy and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of lien against property. 261847 r, PHELAN HALLINAN SCHMIEG 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 Fax (717) 234-1549 Email: ioseph.sc_ halkna fedphe com Joseph P. Schalk, Esquire July 20, 2011 Phyllis Irene Eldridge 349 Carlisle Road Newville, PA 17241-9545 Re: Northwest Savings Bank v. Mark A. Hanaway, et al. Cumberland County CCP, No 11-2907-CIVIL Dear Ms.Eldridge: Representing Lenders in Pennsylvania and New Jersey* Enclosed please find Plaintiff's Motion to Amend Complaint, proposed Order, Rule Returnable, and Certification of Service regarding the above-referenced matter for your review. Pursuant to the Local Rules of Court in Cumberland County, we would like to know if you concur or intend to oppose the Motion. Please contact us by no later than Wednesday, July 27, 2011. Very truly P. Schalk, Esquire * Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you have previously received a discharge in bankruptcy and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of lien against property. 261847 PHELAN HALLINAN & SCHMIEG, LLP BY: JOSEPH P. SCHALK, ESQUIRE Identification No. 91656 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Northwest Savings Bank 108 Liberty Street P.O. Box 1793 Warren, PA 16365 Plaintiff V. Mark A. Hanaway Phyllis Irene Eldridge 349 Carlisle Road Newville, PA 17241-9545 Defendants Attorney for Plaintiff Court Of Common Pleas Civil Division No. 11-2907-CIVIL Cumberland County PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION TO AMEND COMPLAINT 1. BACKGROUND OF CASE Mark A. Hanaway and Phyllis Irene Elridge executed a Promissory Note agreeing to pay principal, 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 located at 349 Carlisle Road, Newville, PA 17241-9545. The Mortgage indicates that in the event of a default in the mortgae, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. 261847 In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Because of the period of time between the initiation of the mortgage foreclosure action, the ensuing litigation, amounts due per original Complaint are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthy payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND Rule 1033 of the Pennsylvania Rules of Civil Procedure specifically provides that: A party may, by leave of court at any time, amend his pleading. The amended pleading may aver transactions or occurrences which have happened before or after the filing of the original pleading... It is appropriate for this Honorable Court to grant Plaintiffs Motion to Amend its Complaint pursuant to Pa. R.C.P. 1033 so that Defendants may receive a Complaint alleging facts which are accurate. See Gutierrez v. Pennsylvania Gas & Water Company, 352 Pa.Super, 507 A.2d 1230, 1232 (1986). "Amendments should be allowed with great liberality at any stage of the case unless they violate the law or prejudice the rights of the opposing party." III. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. 261847 Plaintiff respectfully requests that this Honorable Court grant its Motion to Amend. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage on the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant its Motion to Amend Complaint to reflect the aforesaid amounts currently due on the Mortgage. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP DATE: 7 g B*Attorn C? alk, squire Plaintiff 261847 PHELAN HALLINAN & SCHMIEG, LLP BY: JOSEPH P. SCHALK, ESQUIRE Identification No. 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 Northwest Savings Bank 108 Liberty Street P.O. Box 1793 Warren, PA 16365 Plaintiff V. Mark A. Hanaway Phyllis Irene Eldridge 349 Carlisle Road Newville, PA 17241-9545 Defendants Attorney for Plaintiff Court Of Common Pleas Civil Division No. 11-2907-CIVIL Cumberland County CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Amend Complaint, Brief in support thereof, Order, Rule Returnable, and attached exhibits were served on the following parties by regular mail sent on the date indicated below: Mark A. Hanaway 349 Carlisle Road Newville, PA 17241-9545 DATE: -=? 2g ? k ? Phyllis Irene Eldridge 349 Carlisle Road Newville, PA 17241-9545 B*Attor chalk, Esquire r Plaint iff 261847 PHELAN HALLINAN & SCHMIEG, LLP BY: JOSEPH P. SCHALK, ESQUIRE Identification No. 91656 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Northwest Savings Bank 108 Liberty Street P.O. Box 1793 Warren, PA 16365 Plaintiff V. Mark A. Hanaway Phyllis Irene Eldridge 349 Carlisle Road Newville, PA 17241-9545 Defendants Attorney for Plaintiff Court Of Common Pleas Civil Division No. 11-2907-CIVIL Cumberland County PLAINTIFF'S AMENDED MOTION TO AMEND COMPLAINT Plaintiff, Northwest Savings Bank, by and through its attorneys, Phelan Hallinan & Schmieg, LLP, respectfully requests that this Honorable Court enter an Order granting Plaintiffs Motion to Amend Complaint in the above-captioned matter and in support thereof avers as follows: 261847 Plaintiff commenced the above-captioned mortgage foreclosure civil action on March 9, 2011, by filing its Complaint, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit A. 2. Plaintiff has advanced funds on the defaulted loan since the filing of the original Complaint. The amount set forth in Paragraph 6 of Plaintiffs Complaint is no longer accurate. The amount currently due on the mortgage are as follows: Principal Balance $205,583.87 Interest $9,246.99 05/01/2010 through 05/17/2011 Late Charges $679.90 Escrow Deficit $8,356.36 Subtotal $223,867.12 Suspense Credit 755.00 TOTAL $223,112.12 4. Plaintiff therefore seeks leave to file an Amended Complaint to reflect the amounts now due on the Mortgage. A true and correct copy of the proposed Amended Complaint is attached hereto, made part hereof, and marked Exhibit B. 5. Plaintiff sought concurrence of the Defendants by letter dated July 19, 2011. Copies of the letters dated July 19, 2011 are attached hereto, incorporated herein and marked as Exhibit C. To date, no response has been received by the Defendants. 6. There have not been any other issues in this matter that a judge has ruled upon. 261847 WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant its Motion to Amend Complaint to reflect the aforesaid amounts currently due on the Mortgage. Respectfully submitted, PHELAN HALLIN& & DATE: d k B osth NSchalk', Esquire Otto ev for Plaintiff ,LLP 261847 Phelan Hallinan & Sehmiog, LLP Lawrence T. Phelan, Esq., Id. No, 32227 Francis S. Hallinan, Esq., Id. No, 62695 62205 No Id Es ic S h l 0 i y . ? D . . q., & c m . e Dan Michele M. Bradford, Esq., Id. No. 69849 58745 Id N o. . Judith T. Romano, Esq., 0 Sheetal R, Shah-Jana, Esq., Id. No, 8176 87077 No Id Es D a CpUN?Y AN UI . . q., avey, Jenine R. Lauren R, Tabas, Esq., Id. No. 93337 1^?BE?1r PENNSYLVAU vivok Srivastava, Esq., id, No. 2023 Jay B, 39004, 13sq., a No. 06657 pcW J. Mulcahy, SK,, Id. No. 61791 ATTORNEY FOR PLAINTIFF Andrew L. Spiva*. Esq., Id. No, 94439 Jaime Metiu bits, Bsq., Id. No. 90134. Chrjeovaipw P. Flit lws, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 261847 215163-7000 NORTHWEST SAVINGS BANK COURT OF COMMON PLEAS 108 LIBERTY STREET P.O. BOX 1793 WARREN, PA 16365 CIVIL DIVISION Plaintiff TERM V. ,? yG ti vi l 31 NO. I I - MARK A. HANAWAY PIIY7.L19TR-ENSEL-DRIGE CUMBERLAND COUNTY 349 CARLISLE ROAD NEWVILLE, PA 17241-9545 Defendants CIVIL AC" EIUN - LAW COMPLAINT'IN MQRTGrAGI FOUCLOSIJRE W be 6 ? eel p ?4??t aA iijoird File N: 261847 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 PERS.ON.S_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 rh H; 261847 1. Plaintiff is NORTHWEST SAVINGS BANK 108 LIBERTY STREET P.O. BOX 1793 WARREN, PA 16365 2. The name(s) and last known address(es) of the Defendant(s) are: MARK A. HANAWAY PHYLLIS IRENE ELDRIGE 349 CARLISLE ROAD NEWVILLE, PA 17241-9545 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/16/2007 MARK A. HANAWAY and PHYLLIS IRENE ELDRIGE made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Instrument No. 200743688. 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. Filed: 261847 6, The following amounts are due on the mortgage: Principal Balance $205,583.87 Interest $5,697.20 05/01/2010 through 12/24/2010 Late Charges through 12/24/2010 $418.40 6 Escrow Deficit $4,131.1 TOTAL $215,830.63 7. 8. Plaintiff' is not seeking a judgment of personal liability (or an in person am 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) sot 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. rile N: 261847 WHEREFORE, Plaintiff demands an in reerzn judgment against the Defendant(s) in the sum of $215,830.63, together with interest from 12/24/2010 at the rate of $23.9378 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage, including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. By; PHELAN HALLINAN & SCHMIEG, LLP t #wxinco T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G, Sehmieg, 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 Jenne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No, 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 JA-11isoirY; shua I. Goldman, Esq., Id. No. 205047 otrtenay R. Dunn, Esq., Id. No. 206779 ntlr C. Bramblett, Esq., Id. No. 208375 Wells . Esq., Id. No. 309519., illiam E. Miller, Esq., Id. No. 308951 Attorneys for Plaintiff File N; 261847 LEGAL DESCRIPTION ALL THAT certain three tracts of land situate in the Township of West Penneboro, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO, 1 BEGINNING at a point: in the center of the concrete road, (Rte. 641) ; thence by lands now or formerly of Wayne Anthony and Mary Ellen Anthony, North 56 1/4 degrees, West 200 feet to an iron pin) thence along other lands now or formerly of J. Melvin and Mildred D. Bard, his wife, and parallel to the aforesaid public road, South 49 degrees, West- 100 feet to an iron pin; thence by same South 56 1/4 degrees, East 200 feet to the center of the aforesaid concrete road; thence by the aforesaid concrete road, North 49 degrees, East 100 feet to the place of BEGINNING. CONTAINING approximately 1/2 acres. TRACT NO. 2 BEGINNING at point in Route No. 641 at the corner of lands now or formerly of. Wayne and Mary Ellen Anthony and now or formerly of Glenn L, Anthony; thence in said road South 56 degrees 15 minutes West 65.22 feet to a point; thence by other lands now or formerly of the said Wayne and Mary Ellen Anthony, North 37 degr.ee5 15 minutes 20 seconds West 165.12 feet to an iron pin, said line passing through an iron situate 13.27 faeL from said point in Route No. 641; thence by lands now or formerly of the said Wayne and Mary Gl.len Anthony, South 56 degrees 15 minutes East 200 feet to a point in Route No, 641. CONTAINING 0.138 acres and being described according to a survey of John C. Brilhart, R.S., dated September 17, 1966. TRACT NO. 3 BEGINNING at a point in the center of the Newville-Car lisle Road, (Pa. Route F110: 261847 #641), at a common corner of lands now or formerly Wayne and Mary Ellen Anthony and land now or formerly of Lester E. Funk and wife thence along lands now or formerly of Wayne and Mary Ellen Anthony, North 50 degrees 41 minutes West 200 feet to a point at lands now or formerly of J. Melvin Bard and wife; thence along lands now or formerly of J. Melvin Bard and wife, North 62 degrees 28 minutes East 60 feet to a stake at lands now or formerly of Lester E. Funk and wife; thence along lands now or formerly of Lester E. Funk and wife, South 33 degrees 19 minutes East 184.83 feet to the place of BEGINNING. CONTAINING .126 acres. IT BEING the same premises which Ralph Day and Mabel Day, husband and wife, by Deed dated October 1.4, 1994, and recorded in the Office of the Recorder of Deeds in and for. Cumberland County, Pennsylvania, in Record Book 114, Page 151, granted and conveyed unto Leon W. Young and Helen L. Young, Grantors herein PROPERTY ADDRESS; 349 CARLISLE ROAD, NEWVILLE, PA 17241-9545 PARCEL # 46-07-0481-034 Filc #: 261847 VERIFICATION Cynthia M Diethriek : hereby states that he/she is Acquisition ; ,or inator of, NORTHWEST SAVINGS BANK, servicing agent for Plaintiff in this Tort r, that he/she is authorized to make this Verification, and verify that the statements made In the foregoing Civil Action in Mortgage Foreclosure are true and correct to flip; best of his/her knowledge, information and belief, The undersigned understands that this statement is made subject to the penalties of 18 Pa. C,S. Sec. 4904 relating to unsworn falsification to authorities. 4W. ClEnthia M,. e4tbriek DATE: 03/01/2011 Title' Acquisitio?i.?,Fbordinator Servicer: NORTHWEST SAVINGS BANK File #: 261847 Name: HANAWASI .. ,:. .. ,; . :e Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 261847 NORTHWEST SAVINGS BANK 108 LIBERTY STREET P O BOX 1793 WARREN, PA 16365 Plaintiff V. MARK A. HANAWAY PHYLLIS IRENE ELDRIDGE 349 CARLISLE ROAD NEWVILLE, PA 17241.9545 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 11-2907-CIVIL CUMBERLAND COUNTY CIVIL ACTION - LAW AMENDED COMPLAINT IN MORTGAGE FORECLOSURE 261847 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 #: 261847 1. Plaintiff is NORTHWEST SAVINGS BANK 108 LIBERTY STREET P.O. BOX 1793 WARREN, PA 16365 2. The name(s) and last known address(es) of the Defendant(s) are; MARK A. HANAWAY PHYLLIS IRENE ELDRIDGE 349 CARLISLE ROAD NEWVILLE, PA 17241-9545 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/16/2007 MARK A. HANAWAY and PHYLLIS IRENE ELDRIDGE made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Instrument No. 200743688. 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 #: 261847 6. The following amounts are due on the mortgage as of 05/17/2011: Principal Balance $205,583.87 Interest $9,246.99 05/01/2010 through 05/ 17/2011 Late Charges $670.90 Escrow Deficit SA115646 Subtotal $'213;$67.12 Suspense Credit ($755.00) TOTAL $223,112.12 7. Plaintiff is not seeking ajudgment 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. 8. 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 #: 261847 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $223,112.12, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property, 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 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 {fir spva Itmt* R: Fliakoe, -Esq„-Id. No.. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 ? Melissa J. Scheiner, Esq., Id. No. 308912 Attorneys for Plaintiff File #: 261847 is t n Coordinator f a A to make, this: Va jon, anfy, && theltdaments made in the formoinir w U, statoment is made SUble-01 to., the ggaaWss-of 18 ?a,, CA. Soc. 4904 relating to ungwoM Is a .: N :Cynthia M Diethrick DATE: June 14, 2011 Title: Acquisition Coordinator Servicer: NORTHWEST SAVINGS BANK 261847 r? PHELAN HALLINAN 2WSCHMIEG 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 Fax (717) 234-1549 Email: ioseph.schalk(a,fedphe.eom Joseph P. Schalk, Esquire July 20, 2011 Mark A. Hanaway 349 Carlisle Road Newville, PA 17241-9545 Re: Northwest Savings Bank v. Mark A. Hanaway, et al. Cumberland County CCP, No 11-2907-CIVIL Dear Mr.Hanaway: Representing Lenders in Pennsylvania and New Jersey* Enclosed please find Plaintiffs Motion to Amend Complaint, proposed Order, Rule Returnable, and Certification of Service regarding the above-referenced matter for your review. Pursuant to the Local Rules of Court in Cumberland County, we would like to know if you concur or intend to oppose the Motion. Please contact us by no later than Wednesday, July 27, 2011. Very P. Schalk, Esquire * Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you have previously received a discharge in bankruptcy and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of lien against property. 261847 ?RPHELAN HALLINAN 2WSCHMIEG 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 Fax (717) 234-1549 Email: ioseph.schalk ,fedphe.com Joseph P. Schalk, Esquire July 20, 2011 Phyllis Irene Eldridge 349 Carlisle Road Newville, PA 17241-9545 Re: Northwest Savings Bank v. Mark A. Hanaway, et al. Cumberland County CCP, No 11-2907-CIVIL Dear Ms.Eldridge: Representing Lenders in Pennsylvania and New Jersey* Enclosed please find Plaintiffs Motion to Amend Complaint, proposed Order, Rule Returnable, and Certification of Service regarding the above-referenced matter for your review. Pursuant to the Local Rules of Court in Cumberland County, we would like to know if you concur or intend to oppose the Motion. Please contact us by no later than Wednesday, July 27, 2011. Very truly P. Schalk, Esquire * Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you have previously received a discharge in bankruptcy and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of lien against property. 261847 PHELAN HALLINAN & SCHMIEG, LLP BY: JOSEPH P. SCHALK, ESQUIRE Identification No. 91656 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Northwest Savings Bank 108 Liberty Street P.O. Box 1793 Warren, PA 16365 Plaintiff V. Mark A. Hanaway Phyllis Irene Eldridge 349 Carlisle Road Newville, PA 17241-9545 Defendants Attorney for Plaintiff Court Of Common Pleas Civil Division No. 11-2907-CIVIL Cumberland County PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF ITS AMENDED MOTION TO AMEND COMPLAINT 1. BACKGROUND OF CASE Mark A. Hanaway and Phyllis Irene Elridge executed a Promissory Note agreeing to pay principal, 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 located at 349 Carlisle Road, Newville, PA 17241-9545. The Mortgage indicates that in 261847 the event of a default in the mortgae, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Because of the period of time between the initiation of the mortgage foreclosure action, the ensuing litigation, amounts due per original Complaint are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthy payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND Rule 1033 of the Pennsylvania Rules of Civil Procedure specifically provides that: A party may, by leave of court at any time, amend his pleading. The amended pleading may aver transactions or occurrences which have happened before or after the filing of the original pleading... It is appropriate for this Honorable Court to grant Plaintiffs Motion to Amend its Complaint pursuant to Pa. R.C.P. 1033 so that Defendants may receive a Complaint alleging facts which are accurate. See Gutierrez v. Pennsylvania Gas & Water Compan y, 352 Pa.Super, 507 A.2d 1230, 1232 (1986). "Amendments should be allowed with great liberality at any stage of the case unless they violate the law or prejudice the rights of the opposing party." III. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for 261847 by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Amend. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage on the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant its Motion to Amend Complaint to reflect the aforesaid amounts currently due on the Mortgage. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP DATE: t 261847 NO TA 15 PM 2: '`," IDERLAP'i!D COUN ''ENSY+_VfANIA PHELAN HALLINAN & SCHMIEG, LLP BY: JOSEPH P. SCHALK, ESQUIRE Identification No. 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 Northwest Savings Bank 108 Liberty Street P.O. Box 1793 Warren, PA 16365 Plaintiff V. Mark A. Hanaway Phyllis Irene Eldridge 349 Carlisle Road Newville, PA 17241-9545 Defendants Attorney for Plaintiff Court Of Common Pleas Civil Division No. 11-2907-CIVIL Cumberland County CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Amended Motion to Amend Complaint, Brief in support thereof, Order, Rule Returnable, and attached exhibits were served on the following parties by regular mail sent on the date indicated below: Mark A. Hanaway 349 Carlisle Road Newville, PA 17241-9545 DATE: (9 1 11 1? 261847 Phyllis Irene Eldridge 349 Carlisle Road Newville, PA 17241-9545 r I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Northwest Savings Bank 108 Liberty Street P.O. Box 1793 Warren, PA 16365 Plaintiff V. Mark A. Hanaway Phyllis Irene Eldridge 349 Carlisle Road Newville, PA 17241-9545 Defendants AND NOW, this s Court Of Common Pleas Civil Division n r -.a c c No. 11-2907-CIVIL o ?+• -4 rn + Cumberland CountyD a -orn ° ?--2 „ C:)-+n za C-j m y.? .. . a --4 ORDER day of Aj^-? , 2011, upon consideration of Plaintiff's Motion to Amend Complaint and Defendants' response thereto, if any, it is hereby: ORDERED and DECREED that Plaintiff's Motion is granted; and ORDERED and DECREED that Plaintiff is authorized to file and serve upon Defendants an Amended Complaint in the form attached to this motion as Exhibit B, which sets forth the following as amounts due under the Mortgage: 261847 I I Principal Balance Interest 05/01/2010 through 05/17/2011 Late Charges Escrow Deficit Subtotal Suspense Credit TOTAL $205,583.87 $9,246.99 $679.90 $8,356.36 $223,867.12 $755.00 $223,112.12 Y THE J. ?m,* P. Schodk,k Mark A. 4CLra LL)CLY ?r yllis, Trmm Eldridce 0a 261847 Ac PHELAN HALLINAN & SCHMIEG, LLP BY: JOSEPH P. SCHALK, ESQUIRE Identification No. 91656 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Northwest Savings Bank 108 Liberty Street P.O. Box 1793 Warren, PA 16365 Plaintiff V. Mark A. Hanaway Phyllis Irene Eldridge 349 Carlisle Road Newville, PA 17241-9545 Defendants CE' _ THE -OFFICE' 2011 SEP 15 PM 2. 11 CUMBERLAND COUNTY PENNSYLVANIA Attorney for Plaintiff Court Of Common Pleas Civil Division No. 11-2907-CIVIL Cumberland County CIVIL ACTION - LAW AMENDED COMPLAINT IN MORTGAGE FORECLOSURE 261847 NOTICE You have been sued in Court, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attoniey and filing in writing with the Court your defenses or objections to the claims set forth against you, You are warned that if' you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER _..LL-QAI•..$ERVICES TU 4i.IGIBLE 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 Mc C 261847 I . Plaintiff' is NORTHWEST SAVINGS BANK 108 LIBERTY STREET P.O. BOX 1793 WARREN, PA 16365 2, The name(s) and last known address(es) of the Defendant(s) are, MARK A, HANAWAY PHYLLIS IRENE ELDRIDGE 349 CARLISLE, ROAD NEWVILI B, PA 17241-9545 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described, 3, On 11 /16/2007 MARK A. HANAWAY and PHYLLIS IRENE ELDRIDGE made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Instrument No. 200743688. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with 11'a.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 balanee and all interest due thereon are collectible forthwith. Filo #: 261847 61 The following amounts are due on the mortgage as of 05/17/2011; Principal Balance $205,583.87 Interest $9,246.99 05/01/2010 through 05/17/2011 Late Charges $679,90 Escrow Deficit `g G:36 Subtotal $223;867.12 Suspense Credit 7 5.00 TOTAL 5223,11112 7. Plaintiff is 141 seeking a judgment of personal liability (or an in ep rsonam 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. 81 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 beeauso 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. Photh 201847 WHEREFORE, Plaintiff demands an in rem judgment against the Defendants in the sum of $223,112.12, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALIAIANASr- SCHMIW, LLP P J, Uzp DATE: 9 )1Aj /I/ BftAtto P chal quire y for Pl aintiff 261847 . % VERIFICATION Cynthia M Diethrick hereby states that he/she is Acquisition Coordinator of, NORTHWEST SAVINGS BANK, servicing agent for Plaintiff in this matter, that he/she is authorized to make this Verification, and verify that the statements made in the foregoing Amended Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa C S Sec 4904 relating to unsworn falsification to authorities '01 Nan*: Cynthia M Diethrick DATE: June 14, 2011 Title: Acquisition Coordinator Servicer: NORTHWEST SAVINGS BANK File #: 261847 Name: HANAWAY 261847 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 11-2907 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NORTHWEST SAVINGS BANK Plaintiff (s) From MARK A. HANAWAY, PHYLLIS IRENE ELDRIDGE (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: $223,112.12 L.L.: $.50 Interest from 11/15/11 to Date of Sale ($36.68 PER DIEM) - $7,519.40 Arty's Comm: % Due Prothy: $2.25 Atty Paid: $193.00 Other Costs: Plaintiff Paid: Date: 2/13/12 David D. Buell, Prothonot (Seal) Deputy REQUESTING PARTY: Name: WILLIAM E. MILLER, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 308951 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 NORTHWEST SAVINGS BANK Plaintiff COURT OF COMMON PLEAS v MARK A. HANAWAY PHYLLIS IRENE ELDREDGE Defendant(s) To the Prothonotary: CIVIL DIVISION NO.: 11-2907 CIVIL : CUMBERLAND COUNTY Issue writ of execution in the above matter: Amount Due Interest from 11/15/2011 to Date of Sale ($36.68 per diem) $223,112.12 $7,519.40 i'1 n.a C; x rn rn CV ? r r CD TOTAL Note: Please attach description of property. PHS # 261847 CU Qt')'k D1?. SG 5(0.OU 01 a. a. S() « t gut d $230.631.52 C") = °- S> x CD Phelan Hallinan & Schmieg, LLP William E. Miller, Esq., Id. No.308951 Attorney for Plaintiff Ck#?? sag ?a ? ? ? ss?» ?,;;f of A 7-"",, ? ? A rn dG? C-A Q? Q, M O a oa ? O? O A ? w o t w? o0 H d dap W O ao d? s ? W ty a? ?o ia 00 LEGAL DESCRIPTION TRACT NO. 1: ALL THAT CERTAIN lot or piece of ground situate in West Pennsboro Township, City of Newville, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of the concrete road (RT. 641); thence by lands now or formerly of Wayne Anthony and Mary Ellen Anthony, North 56 1/4 degrees, West 200 feet to an iron pin; thence along other lands now or formerly of J. Melvin and Mildred D. Bard, his wife and parallel to the aforesaid public road, South 49 degrees, West, (erroneously described as East in prior deeds) 100 feet to an iron pin; thence by same South 56 1/4 degrees, East 200 feet to the center of the aforesaid concrete road; thence by the aforesaid concrete road, North 49 degrees, East (erroneously described as West in prior deeds) 100 feet to the place of BEGINNING. CONTAINING approximately 1 /2 acre. TRACT NO. 2: ALL THAT triangular shaped parcel of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in Route No. 641 at the corner of lands now or formerly of Wayne and Mary Ellen Anthony and now or formerly of Glenn L. Anthony; thence in said road South 56 degrees 15 minutes West 65.22 feet to a point; thence by other lands now or formerly of the said Wayne and Mary Ellen Anthony, North 37 degrees 15 minutes 20 seconds West 185.12 feet to an iron pin, said line passing through an iron situate 13.27 feet from said point in Route No. 641; thence by lands now or formerly of the said Wayne and Mary Ellen Anthony, South 56 degrees 15 minutes East 200 feet to a point in Route No. 641, to the place of BEGINNING. CONTAINING 0.138 acres and beind described according to a survey of John C. Brilhart, R.S., dated September 17, 1966. TRACT NO. 3: ALL THAT CERTAIN tract of land situate in the Township of West Pennsboro, Cumberland County, Pennsylvania, described as follows, to wit: BEGINNING at a point in the center of the Newville-Carlisle Road (Pa. Route 641), at a common corner of lands now or formerly of Wayne and Mary Ellen Anthony and land now or formerly of Lester E. Funk and wife; thence along alnds now or formerly of Wayne and Mary Ellen Anthony, North 50 degrees 41 minutes West 200 feet to a point at lands now or formerly of J. Melvin Bard and wife; thence along lands now or formerly of J. Melvin Bard and wife, North 62 degrees 28 minutes East 60 feet to a stake at lands now or formerly of Lester E. Funk and wife; thence along lands now or formerly of Lester E. Funk and wife, South 33 degrees 19 minutes East 184.83 feet to the Place of BEGINNING. CONTAINING.126 acres. TITLE TO SAID PREMISES VESTED IN Mark A. Hanaway, single individual and Phyllis Irene Eldrige, single individual, by Deed from Leon W. Young and Helen L. Young, h/w, dated 11/16/2007, recorded 11 /21/2007 in Instrument Number 200743687. PREMISES BEING: 349 CARLISLE ROAD, NEWVILLE, PA 17241-9545 PARCEL NO. 46-07-0481-034 PHELAN HALLINAN & SCHMIEG, LLP William E. Miller, Esq., Id. No.308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 NORTHWEST SAVINGS BANK Plaintiff V. MARK A. HANAWAY PHYLLIS IRENE ELDRIDGE Defendant(s) Attorneys for Plaintiff 17 l..LU-tJr -..It . 'A PROTHONOTAWI- 1012 FEB 13 AN 10: 36 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-2907 CIVIL 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 ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doe No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Phelan HVnan Schmieg, LLP William E. Miller, Esq., Id. No.308951 Attorney for Plaintiff NORTHWEST SAVINGS BANK `t Plailitiff V. MARK A. HANAWAY PHYLLIS IRENE ELDRIDGE Defendant(s) COURT OF COMMON PLEAS HE PROTNON6TAR:1 CIVIL DIVISION 2012 FEB 13 AM 10: NO.: 11-2907 CIVIL CUMBERLAND COUNTY PENNSYLVANIA : CUMBERLAND COUNTY PHS # 261847 AFFIDAVIT PURSUANT TO RULE 3129.1 NORTHWEST SAVINGS BANK, 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 349 CARLISLE ROAD, NEWVILLE, PA 17241-9545. Name and address of Owner(s) or reputed Owner(s): Name MARK A. HANAWAY PHYLLIS IRENE ELDREDGE 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 349 CARLISLE ROAD NEWVILLE, PA 17241-9545 349 CARLISLE ROAD NEWVILLE, PA 17241-9545 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be ffected by the sale: •?? Name Address (if address cannot be reasonably ascertained, please indicate) TENANVOCCUPANT Domestic Relations of Cumberland County 349 CARLISLE ROAD NEWVILLE, PA 17241-9545 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification thorities. Date: By: Phelan Hallinan & Schmieg, LLP William E. Miller, Esq., Id. No.308951 Attorney for Plaintiff NORTHWEST SAVINGS BANK, COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION • + 212 FEB 13 a'l la? VS. NO.: 11-2907 CIVIL MARK A YLVANIA TY OU PENNS A. HANAWAY PHYLLIS IRENE ELDRIDGE CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MARK A. HANAWAY PHYLLIS IRENE ELDRIDGE 349 CARLISLE ROAD NEWVILLE, PA 17241-9545 "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 349 CARLISLE ROAD, NEWVILLE, PA 17241-9545 is scheduled to be sold at the Sheriff's Sale on 06/06/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $223,112.12 obtained by NORTHWEST SAVINGS BANK (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. f. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has.happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-2907 CIVIL NORTHWEST SAVINGS BANK vs. MARK A. HANAWAY PHYLLIS IRENE ELDRIDGE owner(s) of property situate in the TOWNSHIP OF WEST PENNSBORO, Cumberland County, Pennsylvania, being (Municipality) 349 CARLISLE ROAD, NEWVILLE, PA 17241-9545 Parcel No. 46-07-0481-034 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $223,112.12 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION TRACT NO. 1: ALL THAT CERTAIN lot or piece of ground situate in West Pennsboro Township, City of Newville, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of the concrete road (RT. 641); thence by lands now or formerly of Wayne Anthony and Mary Ellen Anthony, North 56 1/4 degrees, West 200 feet to an iron pin; thence along other lands now or formerly of J. Melvin and Mildred D. Bard, his wife and parallel to the aforesaid public road, South 49 degrees, West, (erroneously described as East in prior deeds) 100 feet to an iron pin; thence by same South 56 1/4 degrees, East 200 feet to the center of the aforesaid concrete road; thence by the aforesaid concrete road, North 49 degrees, East (erroneously described as West in prior deeds) 100 feet to the place of BEGINNING. CONTAINING approximately 1/2 acre. TRACT NO. 2: ALL THAT triangular shaped parcel of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in Route No. 641 at the corner of lands now or formerly of Wayne and Mary Ellen Anthony and now or formerly of Glenn L. Anthony; thence in said road South 56 degrees 15 minutes West 65.22 feet to a point; thence by other lands now or formerly of the said Wayne and Mary Ellen Anthony, North 37 degrees 15 minutes 20 seconds West 185.12 feet to an iron pin, said line passing through an iron situate 13.27 feet from said point in Route No. 641; thence by lands now or formerly of the said Wayne and Mary Ellen Anthony, South 56 degrees 15 minutes East 200 feet to a point in Route No. 641, to the place of BEGINNING. CONTAINING 0.138 acres and beind described according to a survey of John C. Brilhart, R.S., dated September 17, 1966. TRACT NO. 3: ALL THAT CERTAIN tract of land situate in the Township of West Pennsboro, Cumberland County, Pennsylvania, described as follows, to wit: BEGINNING at a point in the center of the Newville-Carlisle Road (Pa. Route 641), at a common corner of lands now or formerly of Wayne and Mary Ellen Anthony and land now or formerly of Lester E. Funk and wife; thence along alnds now or formerly of Wayne and Mary Ellen Anthony, North 50 degrees 41 minutes West 200 feet to a point at lands now or formerly of J. Melvin Bard and wife; thence along lands now or formerly of J. Melvin Bard and wife, North 62 degrees 28 minutes East 60 feet to a stake at lands now or formerly of Lester E. Funk and wife; thence along lands now or formerly of Lester E. Funk and wife, South 33 degrees 19 minutes East 184.83 feet to the Place of BEGINNING. CONTAINING .126 acres. TITLE TO SAID PREMISES VESTED IN Mark A. Hanaway, single individual and Phyllis Irene Eldrige, single individual, by Deed from Leon W. Young and Helen L. Young, h/w, dated 11/ 16/2007, recorded 11 /21/2007 in Instrument Number 200743687. PREMISES BEING: 349 CARLISLE ROAD, NEWVILLE, PA 17241-9545 PARCEL NO. 46-07-0481-034 AFFIDAVIT OF SERVICE (FHLMC) PLAINTIFF CUMBERLAND COUNTY i 1 lL.c 1 NORTHWEST SAVINGS BANK - ` s 0MOTAk i PHS#261847 DEFENDANT SERVICE TEAM/ 1 q,?? _ +tE j 10: [} MARK A. HANAWAY COURT NO.: 11-290 fl PHYLLIS IRENE ELDRIDGE U##w BERLANO COUNTY SERVE MARK A. HANAWAY AT: TYPE OF ACTION PENNSYLVANIA 349 CARLISLE ROAD XX Notice of Sheriff's Sale NEWVILLE, PA 17241-9545 SALE DATE: June 6, 2012 SERVED Served and made known to MARK A. HANAWAY, Defendant on the Z39ay of PC--WAIN, 201 Y, at 5A2, o'clock-f. M., at 34.9 COuSeE RbAFWVV l2 PA, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is - Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). - Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: DescZ10 n: Age AA' _ Height ?L(` Weight I ?5 Race w Sex Other _ I, ??AU) tipIi-, a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: t a 3 1 ?" NAME: _ PRINTED NAME: Nocas agu TITLE: b? NOT SERVED On the . day of , 20_, at o'clock _. M., Defendant NOT FOUND because: Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) No Answer on at _at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Hiakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq.. Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 IL) AFFIDAVIT OF SERVICE (FHLMC) PLAINTIFF NORTHWEST SAVIN CUMBERLAND COUNTY GS BANK PHS#261847 << (]f`+ t?? t?0T DEFENDANT SERVICE TEAM/ lxh M2 R -8 Ali 10: On MARK A. HANAWAY COURT NO.: 11-2907 CIVIL - PHYLLIS IRENE ELDRIDGE C U" [ ft( Q CQUNP e SERVE PHYLLIS IRENE ELDRIDGE AT: TYPE OF ACTION y PENNSYLVANIA 349 CARLISLE ROAD XX Notice of Sheriffs Sale NEWVILLE, PA 17241-9545 SALE DATE: June 6, 2012 SERVED Served and made known to PHYLLIS IRENE ELDRIDGE, Defendant on the D3 day of 20Q-, at ?, o'clock ?. M., at 349 USL6 RI), NE+W UL?tP,?, in the manner described below: Defendant personally served. 7 Adult family member with whom Defendant(s) reside(s). Relationship is $ N P - Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. - an officer of said Defendant's company. Other: Description: Age 0 Height Weight (6? Race 1J Sex /v` Other _ 1, 20AIA-Lb AW4- , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.] DATE: 2 QJ3L?1- NAME: _ l7 (i PRINTED NAM/E?:? T20N4-c-D /t/?.0 t L TITLE: ?1? ?5 Cv NOT SERVED On the day of 20_, at _ o'clock _. M., Defendant NOT FOUND because: Vacant _ Does Not Exist - Moved _ Does Not Reside (Not Vacant) _ No Answer on at _at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa_. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack. Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell. Esq., Id. No- 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 HE ROTHONOTAR 2011 APR 19 AM 9.4 9 G < AND cotta 'Y YLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NORTHWEST SAVINGS BANK Plaintiff Court of Common Pleas Civil Division V. MARK A. HANAWAY PHYLLIS IRENE ELDRIDGE Defendants CUMBERLAND County No.: 11-2907 CIVIL RULE • AND NOW, this day 2012, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. THE O J. 261847 ZDana C itrovsky, Esq., Id. No.83921 Phelan lallinan & Schmieg, LLP 1617 JI K Boulevard, Suite 1400 Philadeiphia, PA 19103 TEL: (215) 563-7000 FAX: 1215) 563-3459 ? MAMh A. HANAWAY PHYLLIS IRENE ELDRIDGE 349 CARLISLE ROAD NEWIIILLE, PA 17241-9545 -A f m aL L L r%CL ?t A1/1 RK A. HANAWAY PHYLLIS IRENE ELDRIDGE 458 STONE CHURCH RD CARLISLE, PA 17015-9524 ')K1 QA'7 261847 . r r =j t - j A (0., '.:' Jr?9FiERL. ?'E?d?{S YL?.?q p?? Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 NORTHWEST SAVINGS BANK Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. MARK A. HANAWAY PHYLLIS IRENE ELDRIDGE CUMBERLAND County No.: 11-2907 CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 18, 2012 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. MARK A. HANAWAY PHYLLIS IRENE ELDRIDGE 349 CARLISLE ROAD NEWVILLE, PA 17241-9545 MARK A. HANAWAY PHYLLIS IRENE ELDRIDGE 458 STONE CHURCH RD CARLISLE, PA 17015-9524 i DATE: Cel7tan & S i , LLP By: Melissa J. Cantwell, Esquire Attorney for Plaintiff 261847 r. ITr e _ _ ! rI Phelan Hallman & Schmieg, LLP Melissa .1. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard. Suite 1400 One Penn Center Plaza Philadelphia. PA 19103 215-563-7000 ATTORNEY FOR PLAINTIFF NORTHWEST SAVINGS )=LANK Plaintiff k S. Court of Coni nou Pleas Civil Division CUMBERLAND County MARK A. HANAWAY PIIYLLIS IRENE ELDRIDGE No.: 11-2907 CIVIL Defendants AMENDED MOTION TO MAKE RULE ABSOLUTE NORTHWEST SAVINGS BANK, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action. and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on April 13.2012. 2. In accordance with Cumberland County Local Rule 2083(9). Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on April 4, 2012 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. True and correct: copies of Plaintiffs letter pursuant to Local Rule 2083(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued by the Court on or about April 18. 2012 directing the Defendants to show cause by May 8. 2012 why the Motion to Reassess Damages should not be 261847 granted. A true and correct copy of the Rule is attached hereto. made part hereof. and marked I xhibit 11. 4. The Rule to Show Cause was timely served upon all parties on Mav 12012 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate ol-Service is attached hereto. made part hereof.. and marked Exhibit C. >. Defendants failed to respond or otherwise plead by the Rule Returnable date of Ma\ 8. 2012. WHEREFORE. Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs Motion to Reassess Damages. /4helan Hainan & SclI_.LP j DATE: -- -- - - k--??Feli`ssa J. Cantwell, Fsquire Attorney for Plaintiff 261847 Exhibit "A" PHELAN HALLINAN & SCHMIE,G, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan I I?Ainan & Sclunie.g, LLP Representing Lenders in Pennsylvania a :id NeNv Jersey Apri14" 2012 MARK_ V IIANAWAY PHYLI.IS IRENE ELDRIDGE 341) C2%P1LI S IT ROAD NFWVI 11". PA 17241-9545 MARK A. HANAW'AY PHYLLIS IRENE ELDRIDGE 458 STONE CHURCH RD CARLISLE, PA 17015-9524 RE: NORTI-IWEST SAVINGS BANK v. MARK A. HANAWAY and PHYL,r,IS IRL.NE I- I ,URIDGE' Premises Address: 349 CARLISLE ROAD NEWVILLE, PA 17241 (tJM13ERLAND County CCP, No. 11-2907 CIVIL, Dear l )e.[endants, 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),l am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by April 9, 2012. Should you have further questions or concerns, please do not hesitate to contact mc. Otherwise. please be guided accordingly. Very ti-W )III-S, )ai; oslrovsk , Esquire ?11net l?n Plaintiff Lnclosure 261847 il !U ' 1 yI J//1 I 4 1 t O a,. D : ? N x J a 'w a CL ,_. € w w V ?_''? v2 a °xa?3 n r r±?-1dN ?Axn ¢ ?.,? ? ?3wp?3w?oz ? a ?d ylZ?w z,zx¢ ja..Pa.aw Q?Up-d c ! w W x LL. C 7- -tea z?a. ?,z?a?t?cC I n 'a I G - - ? 3 a ni o c ? o c E t o aev c ?n r v d cc >.E c n ? C C C G C p f ? _ C U C E ? n»x,ti w s y E F'O aF :r 0 E z? ?a ?. e G a ? a O o v 0- F z; F- 0? z, o aU' F G r- ti- ?a Exhibit "B" F ELE€ -QFF4%-E (; THE PROTHONIDTA1RY 24i2 APR 19 AM 9` 4 gL LVA COUNT IN THE COURT OF COMMON PLFIA4 OF CIJMBFR1,AN1) COUNTY PENNSYLVANIA NC>R 1 NEST SAVINGS BANK. Cow t of C omnwn Pleas Plaintiff C'ivi Division ,. ("I 41WRI.AND C loulliv OIARK A. HANAWAY J 1111Y, l.LIS IRENE ELDRIDGF?. No. 1 i-29()7 ('IV I . Defendants RULE N, D NOW, this ,?•?/ day o 2012, a Rule i entered upon the Defendants to show cause why an Order should not kc° ,Intered granting Plaintiff's IvIotion to Reassess Daniages Defendants shall have twenty (20) days l:om the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Pla,"Intiff nay file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. 1 , "T'I I11 -'O .I . 261847 Exhibit "C" Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 NORTHWEST SAVINGS BANK Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division "Is. MARK A. HANAWAY PHYLLIS IRENE ELDRIDGE Defendants CUMBERLAND County No.: 11-2907 CIVIL. CERTIFICATION OF SERVICE 1 hereby certify that a true and correct copy of the Court's April 18, 2012 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. MARK A. HANAWAY PHYLLIS IRENE ELDRIDGE 349 CARLISLE ROAD NEWVI:L.LE, PA 17241-9545 MARK A. HANAWAY PHYLLIS IRENE ELDRIDGE 458 STONE CHURCH RD CARLISLE, PA 17015-9524 3 "clan Ha nan & S nn LLP A. DATE B - Melissa J. Cantwell, 14cji111-c Attorney for Plaintiff 261847 Pliclarn liallinan & Schmieg, LLP Melissa J. Cantwell. Esq., Id. No.308912 1617.1 FK Boulevard. Suite 1400 One Penn Center Plaza Philadelphia. PA 19103 215-W-7000 NOR1-1(WEST SAVINGS BANK Plaintiff ATTORNEY FOR PLAIN HFF Court of Common Pleas Civil Division vs. MARK A. HANAWAY PIIYLLIS IRENE ELDRIDGE Defendants CUMBERLAND County No.: 11-2907 CIVIL CERTIFICATION OF SERVICE 1 hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. MARK A. HANAWAY PIIYLLIS IRENE ELDRIDGE ,49 CARLISLE ROAD NI:WVILI,E. PA 17241-9545 MARK A. HANAWAY PHYLLIS IRENE ELDRIDGE 458 STONE CHURCH RD CARLISLE, PA 17015-9524 d J 1 DALE: helan Ilinan & Sch LLP By. ?S, Z Melissa J. Cantwell, Esquire Attorney for Plaintiff 261847 b PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff a? r CN (? Allison F. Wells, Esq., Id. No.309519 ,a 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza _ Philadelphia, PA 19103 -N 215-563-7000 -? m IN THE COURT OF COMMON PLEAS ?. *(Q< OF CUMBERLAND COUNTY, PENNSYLVANIA NORTHWEST SAVINGS BANK CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION MARK A. HANAWAY PHYLLIS IRENE ELDRIDGE No.: 11-2907 CIVIL Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail-Return Receipt stamped by the U.S. Postal Service is attach7t77!z- Allison F. Well u Attorney for Plaintiff Date: IMPORTANT NOTI E: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 261847 y m U1 A W N ?-+ p. co r? a? ? o ? n• a Na v??n°o? ?"C?Go wF om a ?. 00 Om cr °" m O ego C) Z :p H o ?s p O N "? C' N a O 'd '.T A C"' H r4 - CL 0 J '"' .r O N d Vj J eo .1 m ft NCH n w = eb y r+e`e Ja pt <; d -4 C A s' a ?' ' w n A' w . b b n eb eo ° a a y y to N y w d c ?°° N O a. ? o g ? ? r+ N N ^ m e A ? ?. C O J 'p N O G m U (y O N boa ? O 69 rp ? C• O0 C n O ? ?O p G m m ? n D O Q ee o ? 3 .? N ? ry C ? m X d X 9 ?• y N ' G ? ? .tea m F e a. o v m g o ° €3.35° ?y=a G ?. Y, ?YEr" tE f.4 k7E a a n B ?t.ft ? '- m „ 3 m v. g m 'o o 'T1 b CD ?g °02 c fn 'o m m .n ^ Q 0 pO P. w O ON ?w a p " co ry p a? n w (n N OQ ?r O ro N 00 •P J f {1. a W N 'r,3• r a? x. x• x• x• x- x• ? z x• x• C d (D .y d c? ? y t Q 3 ryr"'X ?. ?arx o :? ?. , x rzv,a rrv?a y ? ? vty ?. w ro a? tz m 0 z ?? 7J Y e n n n o0 3 u IR ? w y '• r3 3 n O ? ? O M O T-y < -v uz o c W'd 07 n h H' o _.a O T J i A ' uqi ?- O a n r o c w 6.3 *I- 3 x vv . o_ oar w m CL 'x Ail ow e- ?"3"xTl[?' >?+1 v. $02-030 42 CI CD oaz M Q. III CD a? 7 a noon co CO Z b aN c El OQ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NORTHWEST SAVINGS BANK Plaintiff vs. MARK A. HANAWAY PHYLLIS IRENE ELDRIDGE Defendants Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered ORDER AND NOW, this I3O$ay of jM y , 2012. upon consideration of Plaintiff's upon Defendants shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tune as follows: Principal Balance Interest Through June 6, 2012 Per Diem $24.27 Late Charges Legal fees Cost of Suit and Title Mortgage Insurance Premium/ Private Mortgage Insurance Escrow Deficit Escrow Credit Suspense/Misc. Credits TOTAL Court of Common Pleas Civil Division CUMBERLAND County No.: 11-2907 CIVIL $205,583.87 $18,615.34 $679.90 $1,325.00 $1,091.50 $2,031.20 $5,659.20 ($532.28) ($755.00) $233,698.73 Plus interest from June 6, 2012 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. VA IA,SN,"?3d 1i "q 7 7 1947 (?1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff F 1 1. Jody S Smith of a,i?trrr? !,t. r' (d( i..., Chief Deputy ", 2JU! 16 Richard W Stewart Solicitor CUMBE LANC GW4 "' t? PENNSYLVANIA Northwest Savings Bank vs. Case Numbe? Mark A. Hanaway (et al.) 2011-2907 SHERIFF'S RETURN OF SERVICE 03/23/2012 04:49 PM - Deputy Shawn Gutshall, being duly sworn according to law, states service was performed y posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled actin , upon the property located at 349 Carlisle Road, West Pennsboro Township, Newville, PA 17241, Cumberland County. 03/23/2012 04:49 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Real Es ate Writ, Notice and Description, in the above titled action, by making known its contents and at the same ime personally handing a true copy to a person representing themselves to be the Defendant, to wit: Mark A. Hanaway at 349 Carlisle Road, West Pennsboro Township, Newville, PA 17241, Cumberland County. 03/23/2012 04:49 PM - Deputy Shawn Gutshall, 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 ime personally handing a true copy to a person representing themselves to be the Defendant, to wit: Phyllis Irene Eldridge at 349 Carlisle Road, West Pennsboro Township, Newville, PA 17241, Cumberland Co my 03/29/2012 Affidavit of Service on Mark A. Hanaway & Phyllis Irene Eldridge filed in the Sheriffs Office 06/06/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania on June 06, 2012 at 10:00 AM. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Federal Home Lo n Mortgage Corporation, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $882.22 SO ANSWERS, July 12, 2012 RON R ANDERSON, SHERIFF J. NORTHWEST SAVINGS BANK COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 11-2907 CIVIL MARK A. HANAWAY PHYLLIS IRENE ELDRIDGE Defendant(s) CUMBERLAND COUNTY • I PHS # 261847 AFFIDAVIT PURSUANT TO RULE 3129.1 NORTHWEST SAVINGS BANK, Plaintiff in the above action, by the undersigned attorney, sets forth as of the dat the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 349 CARLISLE ROAD, NEWVILLE, PA 17241-9545. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) MARK A. HANAWAY PHYLLIS IRENE ELDREDGE 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 349 CARLISLE ROAD NEWVILLE, PA 17241-9545 349 CARLISLE ROAD NEWVILLE, PA 17241-9545 Address (if address cannot be reasonably ascertained, please so indicate) 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to re 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 Afected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. NORTHWEST SAVINGS BANK COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. NO.: 11-2907 CIVIL • I MARK A. HANAWAY PHYLLIS IRENE ELDRIDGE CUMBERLAND COUNTY Defendant(s) I I NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MARK A. HANAWAY PHYLLIS IRENE ELDRIDGE 349 CARLISLE ROAD NEWVILLE, PA 17241-9545 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION BTAINED WELL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BAN UPTCY, 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 349 CARLISLE ROAD, NEWVILLE, PA 17241-9545 is schedule to be sold at the Sheriff s Sale on 06/06/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $223,112.12 obtained by NORTHWEST AVINGS BANK (the mortgagee) against you. In the event the sale is continued, an announcement will be mad 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 Sheriffs Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, cos s and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x'.230. 2. You may be able to stop the sale by filing a petition. asking the Court to strike or open the udgment, if the judgment was improperly entered. Yoa may also ask the Court to postpone the sale for good c use. 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 chanc? 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 Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be'able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the propeiy 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 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 f distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) d ys after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection i 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 HA YE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED ELO TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-2907 CIVIL NORTHWEST SAVINGS BANK vs. MARK A. HANAWAY PHYLLIS IRENE ELDRIDGE owner(s) of property situate in the TOWNSHIP OF WEST PENNSBORO, Cumberland County, Pennsylvania, being (Municipality) 349 CARLISLE ROAD, NEWVILLE, PA 17241-9545 Parcel No. 46-07-0481-034 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING: JUDGMENT AMOUNT: $223,112.12 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION TRACT NO. 1: ALL THAT CERTAIN lot or piece of ground situate in West Pennsboro Township, City Newville, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of the concrete road (RT. 641); thence by lands now or formerly of Wayne Anthony and Mary Ellen Anthony, North 56 1/4 degrees, West 200 feet to an iron pin; thence alon other lands now or formerly of J. Melvin and Mildred D. Bard, his wife and parallel to the aforesaid public road, South 49 degrees, West, (erroneously, described as East in prior deeds) 100 feet to an iron pin; thence by same South 56 1/4 degrees, East 200 feet to the center of the aforesaid concrete road; thence by the aforesaid concrete road, North 49 degrees, East (erroneously described as West in prior deeds) 100 feet to the place f BEGINNING. CONTAINING approximately 1/2 acre. TRACT NO. 2: ALL THAT triangular shaped parcel of land situate in West 11'ennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in Route No. 641 at the corner of lands now or formerly of Wayne and Mary Eller Anthony and now or formerly of Glenn L. Anthony; thence in said road South 56 degrees 15 minutes Wes' 65.22 feet to a point; thence by other lands now or formerly of the said Wayne and Mary Ellen Anthony, North 37 degrees 15 minutes 20 seconds West 185.12 feet to an iron pin, said line passing through an iron situate 13.27 feet from said point in Route No. 641; thence by lands now or formerly of the said Wayne an Mary Ellen Anthony, South 56 degrees 15 minutes East 200 feet to a point in Route No. 641, to the place C BEGINNING. CONTAINING 0.138 acres and beind described according to a survey of John C. Brilhart, R.S., dated September 17, 1966. TRACT NO. 3: ALL THAT CERTAIN tract of land situate in the Township of West Pennsboro, Cumberland County, Pennsylvania, described as follows, to wit: BEGINNING at a point in the center of the Newville-Carlisle Road (Pa. Route 641), at a common corn of lands now or formerly of Wayne and Mary Ellen Anthony and land now or formerly of Lester E. Fu and wife; thence along aands now or formerly of Wayne and Mary Ellen Anthony, North 50 degrees 41 minutes West 200 feet to a point at lands now or formerly of J. Melvin Bard and wife; thence along lan now or formerly of J. Melvin Bard and wife, North 62 degrees 28 minutes East 60 feet to a stake at Ian now or formerly of Lester E. Funk and wife; thence along lands now or formerly of Lester E. Funk and wife, South 33 degrees 19 minutes East 184.83 feet to the Place of BEGINNING. CONTAINING .126 acres. TITLE TO SAID PREMISES VESTED IN Mark A. Hanaway, single individual and Phyllis Irene Eldrige, single individual, by Deed from Leon W. Young and Helen L. Young, h/w, dated 11 /16/2007, recorded 1] /21/2007 in Instrument Number 200743687. PREMISES BEING: 349 CARLISLE ROAD, NEWVILLE, PA 17241-9545 PARCEL NO. 46-07-0481-034 WRIT OF EXECUTION and/or ATTACHMENT COMMONW$ALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-2907 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NORTHWEST SAVINGS BANK Plaintiff (s) From MARK A. HANAWAY, PHYLLIS IRENE ELDRIDGE (I) 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: $223,112.12 L.L.: $.50 Interest from 11/15/11 to Date of Sale ($36.68 PER DIEM) - $7,519.40 Atty's Comm: `/o Due Prothy: $2.25 Atty Paid: $193.00 Other Costs: Plaintiff Paid: Date: 2/13/12 J? ?-- 1411f?- David D. Buell, Prothonota (Seal) y Deputy REQUESTING PARTY: Name: WILLIAM E. MILLER, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 TRUE COPY FROM RECORD in T"timony where0f,1 Meta unto set my hand PHILADELPHIA, PA 19103 and the 8081 of said Court st C&rlisle. Pa. 12 ? 20 ?- IT"?.. of t ,, prothonotary Attorney for: PLAINTIFF L Telephone: 215-563-7000 1?"'bkj O. Zpe Supreme Court ID No. 308951 On February 14, 2012 the Sheriff levied upon the defendant's interest in the real property situated in West Pennsboro Township, Cumberland County, PA, known and numbered 349 Carlisle Road, Newville, PA, 17241 more fully described on Exhibit"A" filed with this writ and by this reference incorporated herein. Date: February 14, 2012 By: For Claudia Brewbaker, Real Estate Coordinator CUMBERLAND LAW JOURNAL Writ No. 2011-2907 Civil Term Northwest Savings Bank VS. Mark A. Hanaway, Phyllis Irene Eldridge Atty.: William E. Miller By virtue of a Writ of Execution NO. 11-2907 CIVIL, NORTHWEST SAVINGS BANK vs. MARK A. HAN- AWAY, PHYLLIS IRENE ELDRIDGE, owner(s) of property situate in the TOWNSHIP OF WEST PENNSBORO, Cumberland County, Pennsylva- nia, being 349 CARLISLE ROAD, NEWVILLE, PA 17241-9545. Parcel No. 46-07-0481-034. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENTAMOUNT: $223,112- .12. PHELAN HALLINAN &, SCHMIEG, LLP Attorneys for Plaintiff 1617 JFK Boulevard Suite 1400 Philadelphia, PA 19103 215-563-7000 63 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 an( State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland LaN Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesa 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 regularl, 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, 27. Mav 4, and Mav 11, 2012 Affiant further deposes that he is authorized to verify this statement by the Cuml Law Journal, a legal periodical of general circulation, and that he is not interested in the 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. ,A, r A /,L Lisa ??e Coyne, Editor SWORN TO AND SUBSCRIBED before me this 11 day of May, 2012 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28.2014 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify the Sheriff's Deed in which Federal Home Loan Mortgage Comer is the grantee the same having sold to said grantee on the 6 day of June A.D., 2012, under and by virtue of a writ Execution issued on the 13 day of February, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2011 Number 2907, at the suit of Northwest Savings Bank against Eldridge is duly recorded as Instrument Number 201221090. irk A. Hanaway and Ph IN TESTIMONY WHEREOF, I have hereunto set m? hand and seal of said office this - d?y of A.D. Recorder RNWO 1 b*B** 6* R Caul *do% PA MyCa = E?ires th? RttMwidqofJ?a 2014 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Zhe Patrl*ot*yXews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid, that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/27/12 2011.2907 Civil Term 05/04/12 Northwest Savings Bank Mark A. Hanaway 05/11/12 Phyllis Irene Eldridge Atty: YYllilam E. Miller By virtue of a Writ of Execution NO.11- .. 2907 CIVIL, NORTHWEST SAVINGS BANK Sworn to and subscribed 4?e this 22,day of May, 2012 A.D. VS. MARK A. HANAWAY PHYLLIS IRENE ELDRIDGE , owner(s) of property situate in the TOWNSHIP OF WEST PENNSBORO, Notary Public Cumberland County, Pennsylvania, being (Municipality) 349 CARLISLE ROAD, NEWVILLE, PA COMMONWEALTH OF PENNSYLVANIA , 17241-9545 Parcel No 46-07-0481-034 Notarial Seal . (Acreage or street address) Sherrie L. Owens, Notary Public Improvements thereon: RESIDENTIAL D 1 Lower Paxton 7wp., Oaupnln County My commission Expires Nov. 26 2015 WELLING JUDGMENT AMOUNT: $223,112.12 MEMBER, PENNSYLVANIA ASS' vc A't N Or, N Wes