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Home My WebLink About11-3376Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, E?Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Aichele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 Plaintiff V. TODD A. FRYMYER SANDRA K. FRYMYER 161 TEXACO ROAD MECHANICSBURG, PA 17050-2626 Defendants 30 THONO TAR Y 31 AN 9: 53 Ir UMBERLAND COUNTY PENNSYLVANIA ATTORNEY FOR PLAINTIFF 262699 COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. II !37b uP!l CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 262699 aw+ $ g4.oo p itlh? n? 10 7y$?? -73D0 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 #: 262699 1. Plaintiff is PHH MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: TODD A. FRYMYER SANDRA K. FRYMYER 161 TEXACO ROAD MECHANICSBURG, PA 17050-2626 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/17/2008 TODD A. FRYMYER and SANDRA K. FRYMYER made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR PHH MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200900137. The PLAINTIFF is now the mortgagee and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01 /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 #: 262699 6. The following amounts are due on the mortgage: Principal Balance Interest 09/01/2010 through 02/01/2011 Late Charges through 02/01/2011 Mortgage Insurance Premium / Private Mortgage Insurance Subtotal Escrow Credit TOTAL 8. 9 $154,157.74 $3,532.80 $107.91 $125.28 $157,923.73 $1( 87.08) $157,736.65 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. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. File #: 262699 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of . $157,736.65, together with interest from 02/01/2011 at the rate of $23.2292 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: ? LawrtsS. ce T. helan, Es q, Id. No. 32227 ? Fran Ha linan, Es ., Id. No. 62695 ? D 1el G. Sc ieg, q., Id. No. 62205 ? Michele M. Bra ord, 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 EI/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 Attorneys for Plaintiff File #: 262699 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises situate, lying and being in the Township of Silver Spring in the County of Cumberland Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on Township Road 583, which point is North 46 degrees 30 minutes East, a distance of 382.8 feet from the intersection of the center line of Township Road 583 with the centerline of L.R. 21017; thence along the center line of Township Road 583, North 46 degrees 30 minutes East, a distance of 95 feet; thence along property now or formerly of Lena G. Hart, South 43 degrees 30 minutes East, a distance of 200 feet to a point; thence along land now or formerly of Lena G. Hart, South 46 degrees 30 minutes West, a distance of 90 feet to a point; thence along land now or formerly of Lena G. Hart, North 43 degrees 30 minutes West, a distance of 200 feet to a point in the center of Township Road 583, the place of BEGINNING. PROPERTY ADDRESS: 161 TEXACO ROAD, MECHANICSBURG, PA 17050-2626 PARCEL # 38-21-0295-034 File #: 262699 VERIFICATION /466o 2 hereby states that he/she is4/ o , PHH MORTGAGE CORPORATION, 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 the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DATE: I ?1 Title: Servicer: PHH MORTGAGE CORPORATION File #: 262699 Name: FRYMYER :i THi 9LRROTHONQTARY Phelan Hallinan & Schmieg, LLP Q JUL I I AM 9; 50 Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 CUMBERLAND COUNTY Daniel G. Schmieg, Esq., Id. No. 62205 PENNSYLVANIA 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 PHH MORTGAGE CORPORATION Plaintiff VS. TODD A. FRYMYER SANDRA K. FRYMYER Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : No. 11-3376-CIVIL PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE L rn ?1D co ??a1 a ek* 10 0,6391 24- aces kl TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HAi&?AN & By: ? Lawrence T Es q., Id. No. 32227 Francis S. Hallinan, Esq., I o. 62695 ? Daniel G. Schmieg, Esq., No. 62205 ? Michele M. Bradford q., Id. No. 69849 ? Judith T. Romano, sq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? . Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Scheiner, Esq., Id. No. 308912 Attorneys for Plaintiff Date: July 8, 2011 /tam, Svc Dept. File4 262699 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor of t r !(,.'` ry EI' FB-G' 'L 2 11 AUG -8 Phi 3- Er: i M B E R L A H PEPXIS Yi'IA,NII I PHH Mortgage Corporation vs. Case Number Todd A. Frymyer (et al.) 2011-3376 SHERIFF'S RETURN OF SERVICE 08/02/2011 07:54 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on August 2, 2011 at 1954 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Sandra K. Frymyer, by making known unto herself personally, at 129 1/2 E. High Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $40.00 August 03, 2011 GERALD WORTHINGT , DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor . , try .x PM 3'.20 ?. . 11 i L! A lv L 6 CUMBEFLAND l+, PE NSYL.'.'k,;;. , AMENDED PHH Mortgage Corporation vs. Todd A. Frymyer (et al.) Case Number 2011-3376 SHERIFF'S RETURN OF SERVICE 08/02/2011 07:54 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on August 2, 2011 at 1954 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Sandra K. Frymyer, by making known unto herself personally, at 169 1/2 E. High Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $40.00 August 03, 2011 GERALD WORTHINGTON, PUTY SO ANSWERS, RON R ANDERSON, SHERIFF (c) CourtySuite Sheriff, Telecsoft. Inc. PHELAN HALLINAN & SCHMIEG, LLP Joshua I. Goldman, Esq., Id. No.205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION VS. p F.9?p Fly;; n, nr- ,, ttorney for Plaintiff ERLANDCOUNT`t` "'l:.?J;41SYLVWA CUMBERLAND COUNTY COURT OF COMMON PLEAS TODD A. FRYMYER SANDRA K. FRYMYER CIVIL DIVISION No. 11-3376-CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against TODD A. FRYMYER and SANDRA K. FRYMYER, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest - 02/02/2011 to 09/19/2011 $157,736.65 $5,342.72 TOTAL $163,079.37 I hereby certify that (1) the Defendants' last known addresses are 161 TEXACO ROAD, MECHANICSBURG, PA 17050-2626 and 169 1/2 E HIGH ST, CARLISLE, PA 17013-3018, and (2) that notice has been given in accordance with Rule Pa.R.C.P 2 7.1. Date Joshua Go man, E Atto ey for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PHS # 262699 PROTHONOTARY to ?aI4fCoP&, Iayg3 e?at,?i? ? IVC?ItD Mculed 262699 PHELAN HALLINAN & SCHMIEG, LLP Joshua I. Goldman, Esq., Id. No.205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION VS. TODD A. FRYMYER SANDRA K. FRYMYER Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION No. 11-3376-CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant TODD A. FRYMYER is over 18 years of age and resides at 161 TEXACO ROAD, MECHANICSBURG, PA 17050-2626. (c) that defendant SANDRA K. FRYMYER is over 18 years of age and resides at 169 1 /2 E HIGH ST, CARLISLE, PA 17013-3018 and 161 TEXACO ROAD, MECHANICSBURG, PA 17050-2626. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date Z.0 ?( Joshua d?dman, Esq Atto y fo Plaintiff 262699 (Rule of Civil Procedure No. 236) - Revised PHH MORTGAGE CORPORATION VS. TODD A. FRYMYER SANDRA K. FRYMYER CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 11-3376-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on By: -3 If you have any questions concerning this matter please contact: Joshua I. Goldman, Esquire Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OF A LIEN A GAINST PROPERTY. * * PHH MORTGAGE CORPORATION V. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 11-3376-CIVIL TODD A. FRYMYER SANDRA K. FRYMYER Defendant(s) TO: SANDRA K. FRYMYER 1691 /2 E HIGH ST CARLISLE, PA 17013-3018 DATE OF NOTICE: August 31, 2011 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. E%IPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR PHS # 262699 Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 _/) (717) 249-3166 By: Vivek S , Esquire Attorney for Pl ' tiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 262699 PHH MORTGAGE CORPORATION V. Plaintiff COURT OF COMMON PLEAS CIVIL. DIVISON NO. 11-3376-CIVIL TODD A. FRYMYER SANDRA K. FRYMYER Defendant(s) TO: TODD A. FRYMYER 161 TEXACO ROAD MECHANICSBURG, PA 17050-2626 DATE OF NOTICE: August 31, 2011 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IWORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR PHS # 262699 Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 /11 (717) 249-3166 Vi e f Wvastava, Esquire Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 262699 PHH MORTGAGE CORPORATION V. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 11-3376-CIVIL, TODD A. FRYMYER SANDRA K. FRYMYER Defendant(s) TO: SANDRA K. FRYMYER 161 TEXACO ROAD MECHANICSBURG, PA 17050-2626 DATE OF NOTICE: August 31, 2011 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. EMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR PHS # 262699 Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: Vive Srivastava, Esquire Attorney for Plaintiff Phelan Hallman & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 262699 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N011-3376 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION Plaintiff (s) From TODD A. FRYMYER AND SANDRA K. FRYMYER (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: $163,079.37 L.L.: $.50 Interest from 9/20/11 to Date of Sale ($26.81 per diem) -- $4,557.70 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $259.50 Other Costs: Plaintiff Paid: Date: 11/30/11 David D. B 11, Prothono (Sea]) By: Deputy REQUESTING PARTY: Name: WILLIAM E. MILLER, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA 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 PHH MORTGAGE CORPORATION Plaintiff v TODD A. FRYMYER SANDRA K. FRYMYER Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 09/20/2011 to Date of Sale ($26.81 per diem) TOTAL Note: Please attach description of property. PHS # 262699 Q? 00 G •CD u4. 90.00 u 10.00 "' c r r,. 1 Lt , ? S'T'k Oe COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-3376-CIVIL CUMBERLAND COUNTY $163,079.37 $4,557.70 a _ $167,637.07 C / ?C= W c ' he Ian & Schmieg, LLP William E. Miller, Esq., Id. No.308951 Attorney for Plaintiff @, bb ?) ?OCk ? I 13341 l ?flf 4 ee./x.?dI w? O a a? a xOa O v a ?v a N O c?6 GL+ 0 r) Q v d H v ww a? O o, W c w? t r d? A W w W 00 o M W x P+ E-? w N cn C? a° a M ww ^a xW ??d LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises situate, lying and being in the Township of Silver Spring in the County of Cumberland Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on Township Road 583, which point is North 46 degrees 30 minutes East, a distance of 382.8 feet from the intersection of the center line of Township Road 583 with the centerline of L.R. 21017; thence along the center line of Township Road 583, North 46 degrees 30 minutes East, a distance of 95 feet; thence along property now or formerly of Lena G. Hart, South 43 degrees 30 minutes East, a distance of 200 feet to a point; thence along land now or formerly of Lena G. Hart, South 46 degrees 30 minutes West, a distance of 90 feet to a point; thence along land now or formerly of Lena G. Hart, North 43 degrees 30 minutes West, a distance of 200 feet to a point in the center of Township Road 583, the place of BEGINNING. BEING Lot No. 3 of a Plan of Lots prepared for Kenneth K. Hart and Lena G. Hart, his wife, by D. P. Raffensperger, R. S., dated November 22, 1963. TITLE TO SAID PREMISES IS VESTED IN Todd A. Frymyer and Sandra K. Frymyer, h/w, by Deed from Sandra Frymyer, a married woman, dated 12/17/2008, recorded 01/05/2009 in Instrument Number 200900136. PREMISES BEING: 161 TEXACO ROAD, MECHANICSBURG, PA 17050-2626 PARCEL NO. 38-21-0295-034 PHELAN HALLINAN & SCHMIEG, LLP Attorneys for Plaintiff William E. Miller, Esq., Id. No.308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION )' Tti', ni `' COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 11-3376-CIVIL TODD A. FRYMYER SANDRA K. FRYMYER Defendant(s) 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: (X) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: 111A ) I ) a IrUfakfiallinan & Schmieg, LLP William E. Miller, Esq., Id. No.308951 Attorney for Plaintiff PHH MORTGAGE CORPORATION Plaintiff V. TODD A. FRYMYER SANDRA K. FRYMYER Defendant(s) { `' r ,oL.CCU,;' COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-3376-CIVIL CUMBERLAND COUNTY PHS # 262699 AFFIDAVIT PURSUANT TO RULE 3129.1 PHH MORTGAGE CORPORATION, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 161 TEXACO ROAD, MECHANICSBURG, PA 17050-2626. Name and address of Owner(s) or reputed Owner(s): Name Todd A. Frymyer 2. 3 4 5 Sandra K. Frymyer Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 161 Texaco Road Mechanicsburg, PA 17050-2626 1691/2 East High Street Carlisle, PA 17013-3018 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 161 Texaco Road Mechanicsburg, PA 17050-2626 Domestic Relations of Cumberland County 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 unworn falsification to authorities. Date: By: helan Hallinan & Schmieg, LLP William E. Miller, Esq., Id. No.308951 Attorney for Plaintiff PHH MORTGAGE CORPORATIQN _ TODD A. FRYMYER SANDRA K. FRYMYER i, ? l,I V 1'' ? V 3 L VS. b,?? l_r'tidC CUE i : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION : NO.: 11-3376-CIVIL : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: TODD A. FRYMYER SANDRA K. FRYMYER 161 TEXACO ROAD 169 1/2 EAST HIGH STREET MECHANICSBURG, PA 17050-2626 CARLISLE, PA 17013-3018 "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 161 TEXACO ROAD, MECHANICSBURG, PA 17050-2626 is scheduled to be sold at the Sheriff s Sale on 03/07/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the courtjudgment of $163,079.37 obtained by PHH MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises situate, lying and being in the Township of Silver Spring in the County of Cumberland Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on Township Road 583, which point is North 46 degrees 30 minutes East, a distance of 382.8 feet from the intersection of the center line of Township Road 583 with the centerline of L.R. 21017; thence along the center line of Township Road 583, North 46 degrees 30 minutes East, a distance of 95 feet; thence along property now or formerly of Lena G. Hart, South 43 degrees 30 minutes East, a distance of 200 feet to a point; thence along land now or formerly of Lena G. Hart, South 46 degrees 30 minutes West, a distance of 90 feet to a point; thence along land now or formerly of Lena G. Hart, North 43 degrees 30 minutes West, a distance of 200 feet to a point in the center of Township Road 583, the place of BEGINNING. BEING Lot No. 3 of a Plan of Lots prepared for Kenneth K. Hart and Lena G. Hart, his wife, by D. P. Raffensperger, R. S., dated November 22, 1963. TITLE TO SAID PREMISES IS VESTED IN Todd A. Frymyer and Sandra K. Frymyer, h/w, by Deed from Sandra Frymyer, a married woman, dated 12/17/2008, recorded 01/05/2009 in Instrument Number 200900136. PREMISES BEING: 161 TEXACO ROAD, MECHANICSBURG, PA 17050-2626 PARCEL NO. 38-21-0295-034 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-3376-CIVIL PHH MORTGAGE CORPORATION VS. TODD A. FRYMYER SANDRA K. FRYMYER owner(s) of property situate in the TOWNSHIP OF SILVER SPRING, Cumberland County, Pennsylvania, being (Municipality) 161 TEXACO ROAD, MECHANICSBURG, PA 17050-2626 Parcel No. 38-21-0295-034 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $163,079.37 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 5 ry ., _ r. CUMBE '? ? . '' , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PHH MORTGAGE CORPORATION Court of Common Pleas Plaintiff : Civil Division V. CUMBERLAND County TODD A. FRYMYER : SANDRA K. FRYMYER No.: 11-3376-CIVIL Defendants RULE AND NOW, this_x7? day of ? 2E*17i', 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. BY THE COURT 262699 Robert W. Cusick, Esq., Id. No.80193 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 i/TODD A. FRYMYER SANDRA K, FRYMYER 161 TEXACO ROAD MECHANICSBURG, PA 17050-2626 Cep; Ps Aided Ale- - 1/SANDRA K. FRYMYER 169 1/2 EAST HIGH STREET CARLISLE, PA 17013-3018 262699 262699 F ILED-0F F4CL PROTHONOTARi 2012 JAN 31 AM 10-- 13 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ATTORNEY FOR PLAINTIFF PHH MORTGAGE CORPORATION Plaintiff vs. TODD A. FRYMYER SANDRA K. FRYMYER Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 11-3376-CIVIL CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's January 24, 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. TODD A. FRYMYER SANDRA K. FRYMYER 161 TEXACO ROAD MECHANICSBURG, PA 17050-2626 SANDRA K. FRYMYER 169 1/2 EAST HIGH STREET CARLISLE, PA 17013-3018 DATE: 'D Phelan d 7) Allison ells, Esquire Attorney for Plaintiff LLP 262699 { LJ F HE ?ROTHONOTA \( PHELAN HALLMAN & SCHMIEG LLP Attorney for Plaintiff Melissa J. Cantwell, Esq., Id. NoMR6 15 AM 10: i LE 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza C(1•BERLAND COUNT t Philadelphia, PA 19103 PENNSYLVANIA 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS TODD A. FRYMYER SANDRA K. FRYMYER Defendant(s) CIVIL DIVISION No.: 11-3376-CIVIL 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 ified Mail Return Receipt stamped by the U.S. Postal Service is attac ed he eto Exh' i 46 ". a J. Cantwell, Esqui ( Attorney for Plaintiff Date: IMPO TA T NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 262699 e)(" 113 IT cc x I ?r 4 :n w ?.Ys C 4 z E w s 4 Y W ? ?. a tt ?4y T? h5 4 Cim 2 h n+ y M a ? .. 4 •c F b d ' C w '. r?if t.J V ? a E Jq Orr a 'd' ? N A j 'fl n ? .~r V a° a cw ? ?` ? ? y, d o ? v >a Gd C w v ?p v ti ? O V) ?. w O 0= N ti C} O G N C +?•+ a v P~., ?'+ -°" °d.) U o Z: o° °d'=Q -4 y4°- bides so eq 13 LO 9z U.a a ?e °? ggca?,o?°?4 a lc* E* t W? oM w o k, r?0 MV1Vi 000 Wr ZT a.-+?aZE-??'A..UU?a:x?°iipDrzNxcX MT 41 U z d O a `? In rr ?6 m U CD o, b t R1 ? d z¢o L O? a N ? i [z. ? y ?88 ? g y Fw u T,-e k 'Z .S u o V I F a o v ?: d O 1 S i ? ?' 4?. a wHM ?M W . v W ?a ??ia W',7".0 a?+ U O ? ? d w d' ? Wr`r? Qwcai? ; A o 6 A cUc? y C 3 y., N ' ^y N M d' ? ? [? 00 Q? O .r .? .r N .? M .r ?f? .+ ? .-? ? *-i [? .r 00 rr O? H O N ?+ N N N M N ? N ? N ?O N yy;; o ,v o, rn N N 0 v w o U ? v ? .a oc z C 0. z .a a .? .L.. L ? a zoo u,"N5 ao ro s u o r ? G C O y m a? c L - C O $ L U >. E a R ? ? L C L + y Q Y ? ? b ? - U C U - r N n b ? NNC O n F- c0 _ ,n O v C7 r?j? O > ? o ? og E O O ? W O O J) O C ? U . ? ? C U Q N U ? N C rn ? C YO L VJ rn ? Wit e' G ti F+ N . °' ° ° Lam, LTa E" J ! o 0 0 ??? na ^O ? W ? F v w v O ? ? a ? C7 0 N 0. E L V ? G. Cc7 r 'rn 0. G o .- C A V A ? ° s. ?> ea ?W Q 7.., Fe rn ?"? El Ci U' r N N x x ? za y G .? ?-. N M cr ?D t? 00 ON O N M C H A? FO- a. Q` N N IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION Plaintiff vs. TODD A. FRYMYER SANDRA K. FRYMYER Defendants ORDER Court of Common Pleas Civil Division CUMBERLAND CAS * X No.:11-3376-CIVIQ3 ,,, C_- CD AND NOW, this.,? ,?,v, day d , 2012, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered 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 $154,157.74 Interest Through March 7, 2012 $12,843.89 Per Diem $23.23 Late Charges $107.91 Legal fees $1,300.00 Cost of Suit and Title $1,195.00 Property Inspections $22.50 Escrow Deficit $2,374.10 TOTAL $172,001.14 Plus interest from March 7, 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. /nz K" BY THE COURT: 'y J. 262699 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ? 1 01 ? tnatsrrE 1d f"° a Z. 1 C APR 26 AK 8: 4 7 CUMBERLA?iq c,,-jpr`;_ PENNSYLVANlA PHH Mortgage Corporation vs. Todd A. Frymyer (et al.) Case Number 2011-3376 SHERIFF'S RETURN OF SERVICE 12/29/2011 09:21 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 time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Sandra K. Frymyer at 169 1/2 East High Street, Carlisle Borough, Carlisle, Cumberland County, PA 17013. 01/06/2012 03:27 PM - Deputy Shawn Gutshall, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 161 Texeco Road, Mechanicsburg, Cumberland County, PA 17050. 01/11/2012 06:00 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Todd A. Frymyer at 161 Texaco Road, Silver Spring Township, Mechanicsburg, Cumberland County. PA 17050. 01/30/2012 Affidavit of Service on Todd A. Frymyer filed in the Sheriffs Office 03/22/2012 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 March 07, 2012 at 10:00 AM. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of PHH Mortgage Corporation at 2001 Bishops Gate Boulevard, Mount Laurel, NJ 08054. PHH Mortgage Corporation, being the buyer in this execution, paid to the Sheriff the sum of $786.61. 03/22/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED. SHERIFF COST: $786.61 SO ANSWERS, March 22, 2012 RON ' R ANDERSON, SHERIFF S Z) !cj :;aunty5uae Shctriff, TelE?c ,efi.. Ir?c. PHH MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 11-3376-CIVIL TODD A. FRYMYER SANDRA K. FRYMYER Defendant(s) CUMBERLAND COUNTY PHS # 262699 AFFIDAVIT PURSUANT TO RULE 3129.1 PHH MORTGAGE CORPORATION, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 161 TEXACO ROAD, MECHANICSBURG, PA 17050-2626. I . Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Todd A. Frymyer Sandra K Frymyer 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 161 Texaco Road Mechanicsburg, PA 17050-2626 1691/2 East High Street Carlisle, PA 17013-3018 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 affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 161 Texaco Road Mechanicsburg, PA 17050-2626 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 to authorities. Date: `l By: helan Hallinan & Schmieg, LLP William E. Miller, Esq., Id. No.308951 Attorney for Plaintiff ? 0 :Z c , I - 330 i 10z PHH MORTGAGE CORPORATION VS. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION : NO.: 11-3376-CIVIL TODD A. FRYMYER SANDRA K. FRYMYER : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: TODD A. FRYMYER SANDRA K. FRYMYER 161 TEXACO ROAD 1691/2 EAST HIGH STREET MECHANICSBURG, PA 17050-2626 CARLISLE, PA 17013-301.8 "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 161 TEXACO ROAD, MECHANICSBURG, PA 17050-2626 is scheduled to be sold at the Sheriff s Sale on 03/07/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $163,079.37 obtained by PHH MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court td set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises situate, lying and being in the Township of Silver Spring in the County of Cumberland Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on Township Road 583, which point is North 46 degrees 30 minutes East, a distance of 382.8 feet from the intersection of the center line of Township Road 583 with the centerline of L.R. 21017; thence along the center line of Township Road 583, North 46 degrees 30 minutes East, a distance of 95 feet; thence along property now or formerly of Lena G. Hart, South 43 degrees 30 minutes East, a distance of 200 feet to a point; thence along land now or formerly of Lena G. Hart, South 46 degrees 30 minutes West, a distance of 90 feet to a point; thence along land now or formerly of Lena G. Hart, North 43 degrees 30 minutes West, a distance of 200 feet to a point in the center of Township Road 583, the place of BEGINNING. BEING Lot No. 3 of a Plan of Lots prepared for Kenneth K. Hart and Lena G. Hart, his wife, by D. P. Raffensperger, R.S., dated November 22, 1963. TITLE TO SAID PREMISES IS VESTED IN Todd A. Frymyer and Sandra K. Frymyer, h/w, by Deed from Sandra Frymyer, a married woman, dated 12/17/2008, recorded 01/05/2009 in Instrument Number 200900136. PREMISES BEING: 161 TEXACO ROAD, MECHANICSBURG, PA 17050-2626 PARCEL NO. 38-21-0295-034 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-3376-CIVIL PHH MORTGAGE CORPORATION VS. TODD A. FRYMYER SANDRA K. FRYMYER owner(s) of property situate in the TOWNSHIP OF SILVER SPRING, Cumberland County, Pennsylvania, being (Municipality) 161 TEXACO ROAD, MECHANICSBURG, PA 17050-2626 Parcel No. 38-21-0295-034 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $163,079.37 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 ?0 ?G ? I -- ???; iiQl ?..: `,, WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NOII-3376 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION Plaintiff (s) From TODD A. FRYMYER AND SANDRA K. FRYMYER (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: $163,079.37 L.L.: S.50 Interest from 9/20/11 to Date of Sale (526.81 per diem) -- $4,557.70 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $259.50 Other Costs: Plaintiff Paid: Date: 11/30/11 ??b4 David D. Bu 11 Prot ono 3v, A (Seal) Deputy REQUESTING PARTY: Name: WILLIAM E. MILLER, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 308951 TRUE COSY FROM RECORD In Testimony Whereof, l here unto set my hand and the sea! of said Co??rt?att??C/arlisle, Pal.. This ,_ b.- day of -ME? ' 20 A!- Prothonotary ? `'' notary On December 14, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA, Known and numbered as, 161 Texaco Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date December 14, 2011 By: I ?16a? Real EstaV-Coordinato r E 0 :Z 0 1- J10 i1ol t, CUMBERLAND LAW JOURNAL Writ No. 2011-3376 Civil Term PHH Mortgage Corporation vs. Todd A. Frymyer and Sandra K. Frymyer Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 11-3376-CIVIL, PHH MORT- GAGE CORPORATION vs. TODD A. FRYMYER, SANDRA K. FRYMYER owner(s) of property situate in the TOWNSHIP OF SILVER SPRING, Cumberland County, Pennsylvania, being 161 TEXACO ROAD, MECHAN- ICSBURG, PA 17050-2626. Parcel No. 38-21-0295-034. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $163,- 079.37. 39 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 27, February 3, and February 10, 2012 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa Marie Coyne, E 7 for SWORN TO AND SUBSCRIBED before me this 10 day of February, 2012 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 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 t4fpatriot News NOW you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. 'That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of -rhe 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: 01/27/12 Sworn to acrd Oubscribed Notary Public 24py offebruary, 2012 A.D. COMMONWEALTH O PPENNSYLVANIA 02/03/12 02/10/12 Notarial Seal Sherrie L. Owens, Notary Public Lower Paxton Twp., Dauphin County My Commission Expires Nov. 26, 2015 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES 2011-3376 Civil Term PH" Mortgage CorPoratlon VS Todd A. Frymyer and Sandra K. Frymyer Atty. Daniel Schmleg By virtue of a Writ of Execution NO. 11-3376-CIVIL PHH MORTGAGE CORPORATION VS. TODD A. FRYMYER SANDRA K FRYMYER owner s) of property situate in the TOWNSHIP OF SILVER SPRING, Cumberland County, Pennsylvania, being (Municipality) 61 TEXACO ROAD, MECHANICSBURG, PA 17050-2626 Parcel No. 38-21-0295-034 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $163,079.37 livill- e[je 13atriot-Nirmis Now you know 2020 Technology Parkway Mechanicsburg, PA (717) 255-8237 BILL TO: Cumberland County Sheriffs Office Cumberland County Court House Carlisle, PA 17013 ACCT. # 2260 DUPLICATE BILL 01/27/12 02/03/12 02/10/12 Of Ad Sheriff Sale 3376 4.34 $12.00 $ 52.08 Sheriff Sale 3376 4.34 $12.00 $ 52.08 Sheriff Sale 3376 4.34 $12.00 $ 52.08 Notary Fee I I I I I 1 1 $5.00 TOTAL DUE FOR THIS SALE: $ 161.24 JLC COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which PHH Mortgage Corp is the grantee the same having been sold to said grantee on the 7 day of March A.D., 2012, under and by virtue of a writ Execution issued on the 30 day of November, A.D., 2011, out of the Court of Common Pleas of said County as of Civil Term, 2011 Number 3376, at the suit of PHH Mortgage Corp against Todd A. F=yer and Sandra K. Fr rmyer is duly recorded as Instrument Number 201212003. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this A.D. y 1 a, _ 2nCVV ., . A " t. d Rec der of Deeds lewft eeft Commissar E*W the Fret ' 04 day of