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HomeMy WebLinkAbout11-4908Phelan Hallinan & Schmieg, LLB Law'tence 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 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 Plaintiff V. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CHARMAINE GLEASON, DECEASED 503 FRONT STREET NEW CUMBERLAND, PA 17070-2030 DANA GLEASON, IN HIS CAPACITY AS HEIR OF CHARMAINE GLEASON, DECEASED 503 FRONT STREET NEW CUMBERLAND, PA 17070-2030 Defendants File #: 259925 17) f-"' W - „. , l r,?w r°1 - c3 COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 11- 4908 ?-tvi(Tarm CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE ATTORNEY FOR PLAINTIFF 259925 O 01fj?aag9 0aWqa8 ATTV 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 #: 259925 I . Plaintiff is PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CHARMAINE GLEASON, DECEASED 503 FRONT STREET NEW CUMBERLAND, PA 17070-2030 DANA GLEASON, IN HIS CAPACITY AS HEIR OF CHARMAINE GLEASON, DECEASED 503 FRONT STREET NEW CUMBERLAND, PA 17070-2030 who is/are the real owner(s) of the property hereinafter described. 3. On 07/26/2002 CHARMAINE GLEASON made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1766, Page 3252. 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. File #: 259925 5 6 The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2010 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. The following amounts are due on the mortgage as of 12/14/2010: Principal Balance $105,541.26 Interest $2,492.14 08/01/2010 through 12/14/2010 Late Charges $451.95 Mortgage Insurance Premium / $157.08 Private Mortgage Insurance TOTAL $108,642.43 7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 259925 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. 9. Mortgagor CHARMAINE GLEASON died on 07/11/2003 and, upon information and belief, her surviving heir(s) is DANA GLEASON. 10. Plaintiffs representative contacted the Register of Wills of CUMBERLAND COUNTY and was informed that no estate has been raised on behalf of the decedent mortgagor. 11. Plaintiff hereby releases CHARMAINE GLEASON, from liability for the debt secured by the mortgage. 12. Plaintiff does not hold the named Defendant(s), DANA GLEASON, personally liable on this cause of action. This action is being brought to foreclose the interest of the said Defendant(s) in the aforesaid real estate only, and the Defendant(s) has/have been named in accordance with the requirements of Pa R.C.P. 1144(a)(2) and 20 Pa.C.S.A. § 301(b). File #: 259925 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $108,642.43, 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 C By: - RxL---' ? 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 lissa J. Scheiner, Esq., Id. No. 308912 Attorneys for Plaintiff File k 259925 LEGAL DESCRIPTION ALL THOSE CERTAIN tracts or parcels of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, bounded and described as follows, to wit: Tract One: BEGINNING at a point on the westerly line of Front Street, which point is .05 miles south of the southwesterly corner of Front and Reno Streets, and at the southerly line of land now or formerly of Baron Bestecki; thence along the westerly line of Front Street aforesaid, South 28 degrees 28 minutes 16 seconds West, ninety-four and two tenths (94.20) feet to a point; thence North 68 degrees 32 minutes 58 seconds West, one hundred thirty-one and eight one-hundredths (13.08) feet to a point; thence North 21 degrees 29 minutes East, fifty and five tenths (50.50) feet to a point; thence South 68 degrees 31 minutes East, fifty-six (56.00) feet to a point; thence North 22 degrees 38 minutes East, thirty-eight and three tenths (38.30) feet to a point at the southerly line of lands now or late of Baron Bestecki aforesaid; thence along the same, South 71 degrees 43 minutes 03 seconds East, eighty-five and seven tenths (85.70) feet to a point, the place of BEGINNING. HAVING thereon erected a two-story aluminum siding dwelling house known and numbered as 503 Front Street, New Cumberland, Pennsylvania. File #: 259925 BEING the same premises which Andrew B. Snyder and Bonnie L. Snyder, his wife, by their deed dated March 4, 1994 and recorded March 9, 1994 in the Cumberland County Recorder of Deeds Office in Deed Book 102, Page 507, granted and conveyed unto Edward N. Baumbach, Jr. and Mary J. Baumbach, his wife, the Grantors herein. Tract Two: BEGINNING at a point, that point being the northwest corner of the New Cumberland Borough Park, the Final Minor Subdivision Plan of the New Cumberland Senior Citizen Center, recorded in Plan Book 73, Page 24, at the Recorder of Deeds Office in and for Cumberland county; thence South 26 degrees 19 minutes 35 seconds West, along lands now or formerly owned by the Borough of New Cumberland, a distance of ninety-five and sixty-five one-hundredths (95.65) feet to a point; thence South 61 degrees 34 minutes 48 seconds East, a distance of sixty-four and thirty-nine one-hundredths (64.39) feet to a point; thence south 22 degrees 57 minutes West, a distance of thirty-eight and thirty one-hundredths (38.30) feet to a point; thence North 68 degrees 31 minutes West, a distance of fifty-six and zero one-hundredths (56.00) feet to a point; thence South 21 degrees 29 minutes West, a distance of fifty and fifty one-hundredths (50.50) feet to a point; thence North 68 degrees 32 minutes 58 seconds West, a distance of four and seventy one- hundredths (4.70) feet to the point and place of BEGINNING. CONTAINING 2,422.79 square feet File #: 259925 BEING Lot No. 2 of the Final Minor Subdivision Plan of the New Cumberland Senior Citizen Center, recorded in Plan Book 73, Page 24, at the Recorder of Deeds Office in and for Cumberland County. BEING the same premises which The Borough of New Cumberland by their deed dated December 2.4, 1996 and recorded December 24, 1996 in the Cumberland County Recorder of Deeds Office in Deed Book 151, Page 135, granted and conveyed unto Edward N. Baumbach, Jr. and Mary J. Baumbach, his wife, the Grantors herein. PROPERTY ADDRESS: 503 FRONT STREET, NEW CUMBERLAND, PA 17070-2030 PARCEL # 25-25-0006-407 File #: 259925 VERIFICATION ?i >.(6 i49044* %ereby states that he/she is / % ?'?of, 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 unswom falsification to authorities. DATE: / File #: 259925 Name: GLEASON Name Servicer: PHH MORTGAGE CORPORATION File #: 259925 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff t u,uUt f r o'?'?' rr Jody S Smith Chief Deputy Richard W Stewart Solicitor FE - ED-OFFICE" I` THE PRO T H0NnT,-,'n ' 2011 JUL 14 PM 2: 2 4 CUMBERLAND COUNT'' PENNSYLVANIA PHH Mortgage Corporation Case Number S. 2011-4908 Dana Gleason (et al.) SHERIFF'S RETURN OF SERVICE 07/13/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on July 13, 2011 at 1030 hours, he was unable to serve a true copy of the within Complaint In Mortgage Foreclosure, upon the within named defendant, to wit: Unknown Heirs, Successors, Assigns, and All Persons, Firms or Associations Claiming Right, Title or Interest from or under Charmaine Gleason, Deasesed. After several attempts the Complaint in Mortage Foreclosure has expired. Dana Gleason current resident of 503 Front Street, New Cumberland, Pennsylvania 17070 called into our office and stated he was in California and he is still residing at this address. 07/13/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on July 13, 2011 at 1030 hours, he was unable to serve a true copy of the within Complaint In Mortgage Foreclosure, upon the within named defendant, to wit: Dana Gleason. After several attempts the Complaint in Mortage Foreclosure has expired. The Defendant called into our office and stated he was in California and he is still residing at 503 Front Street, New Cumberland, Pennsylvania 17070. SHERIFF COST: $61.00 July 13, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF (cj Cc,.in-ySuHo Shen ft. 1 ele<„ott. In;; 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 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, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff vs. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CHARMAINE GLEASON, DECEASED DANA GLEASON, IN HIS CAPACITY AS HEIR OF CHARMAINE GLEASON, DECEASED Defendants -'L Ei W ,wL PROTHONOTAR"I # I JU'._ 19 AM 10: S1 23 l CIUM ERLANO COUNTY PENNSYLVANIA ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 11-4908 PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE a?S\O.oo Qd ?? 11Lm?oS R-b?'2WaRS ?f TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN & SCHMIEG, LLP r By: 0;? 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 ? Co enay R. Dunn, Esq., Id. No. 206779 lison 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 18, 2011 /tam, Svc Dept. File# 259925 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor PHH Mortgage Corporation vs. Dana Gleason (et al.) :FILEO-O F I(:E v 2311 AUG -3 AM 8= 2 CUMBERLAND i JlJr? r FGe ,:= PENNSY! \'A P0A Case Number 2011-4908 SHERIFF'S RETURN OF SERVICE 07/25/2011 04:29 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on July 25, 2011 at 1629 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Dana Gleason, in his capacity as Heir of Charmaine Gleason, Deceased, by making known unto himself personally, at 503 Front Street, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to her personally the said true and correct copy of the same. AMANDA COBAUGH, DEPU SHERIFF COST: $45.00 July 26, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF Vic; GowaySufle She?,ff, tehcsoft Inc. AFFIDAVIT OF SERVICE {FNMA) PLAINTIFF CUMBERLAND COUNTY PIIH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION PITS # 259925 DEFENDANT SERVICE TEAM/ nce UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL COURT NO.: 114908 PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CEL 9 AIN GLEASON,DECEASED DANA GLEASON SERVE DANA GLEASON AT: 385 LUCILLE AVE LONG BEACH, CA 90814-3026 TYPE OF ACTION XX Mortgage Foredosetre XX Civil Action MM C d yCs "t) CD -, C-} ERVED Served and made known to DANA GLEASON , Defendant on the ly ty of ???+ f 20 l at /(z o'clock,4M, at _ P-IkP , in the manner described below: Defendant personally served. 45h p ' (d e , e. iag lrv Adult family member with whore Defendant(s) reside(s). Relationship is ?,L3- UC L' E1.?+f - _ 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 Defendants company. _ Other: Description: Age _3 9 _ Height 5r y rr Weight 160 Race 0 Sex J= Other 1, . a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Foreclosure Complaint in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. y Swan to and s? ribed before me this h day 0 V , 20L. 4. TIFFANY JENSEN Notary: By. Commission * 1937563 -n Notary Public -California NOT SERVED San Mateo County On the day of 20 t _ o'clock iN., Defendant NOT FOUND us My Comm. Expires May 21, 2015 Vacant - Does Not Exist _ Moved _ Does Not Reside No Answer on at at _ Service Refused Other: Sworn to and subscribed before me this day of -?_. Notary: By. ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Td_ No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jam. Esq., Id. No. 81760 Jertine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq_, Td. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua L Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa L Scheiner, lrsq_, Id. No. 308912 One Pain Center at Suburban Station 1617 John I : Kennedy Blvd., Suite 1400 Philadelphia, PA 19163-1814 el l AYG 2? AM 10• LO s;UMBERLANO COUNTY PENNSYLVANIA Phelan fIallinan ? Schmieg, LLP Lawrence I'. I'helan, l,sq., Id. No. 32227 h-ands S. Hallinan, l;sq- Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Fsq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Shectal R. Shah-Jam, Esq., Id. No. 81760 Jeninc R. Davey, Esq., Id. No. 87077 Lauren R. Tahas, I sq.. Id. No. 93337 Vivck Srivastava, l`,sq.. Id. No. 202331 .I,:v 13. Joncs. Isq.. ILI. N(,. 86657 Peter J. Mulc<thv. Iaq.. Id, No. 61791 Andrew L. Sltivack, Lsq.. Id. No. 84<139 .laimc McGuinness. I;sq., Id. No. 901 3-1 Chrisovalantc 11. I'liakos, Esq., Id. No. 94620 Joshua 1. Goldman. I'sq., Id. No. 205047 Courtenay R. Dunn, Esq.. Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William F. Miller, Esq., Id. No. 308951 Melissa .1. Schciner, l;sq.. Id. No. 308912 1617 JFK Boulevard. Shire 1,100 One Penn Center PLI/J I'!.iladcl}?hia. PA 10103 ^)';5-563--7()-0(; PI III MOR'I GAGk CORPORATION, h/KUA C'IAD, NIT MORTGAGE' CORPORATION V, COUIZT01 CO??1\?IUN PLI A?- CIVIL. DIVISION NO. ; 1-4908 UNKNOWN I]EIRS, SUCCESSORS, ASSIGNS. C[ MI1I;RI,AND COL!N"I Y AND ALL Ph.RSONS. FIRMS, OR ASSOCIATIONS CLAIN/IING R1GI IT. TITLH' OR INTERI-S"I' FROM OR U-,ND1?I\' CT-I:?R`?I?`?INI? GLE<?\SON. DlEVI"AS1 D DANA G1,1_:AS0N, IN I I I S CAPACITY AS I II:IR OF Cl IARVIA INI: (1LI," ASON, I) 1:Cl:ASI?1' D MOTION FOR SERVICI? PURSUANT TO SPECIAL ORDEIR OF COURT I'lain:iff. P111-1 MORTGAGE CORPO RPMOK FAC C'f?.ND;yN I \101:1'C;At;I: (ARPORATRA, respectfully requests that this Honorable Court cuter an C1 KFA mmnt P -,, Plaintiffs Motion for Service Pursuant to Special Order of Court in the abo%c c iptioncd ni<Mcr and in support thereof avers the following: 1. On July 26, 2002, Charmaine Gleason, made, executed, and delivered a nuortga,-,c upon the premises at 503 Front Street, New Cumberland. PA 17070-2030. 2. "lie mortgagor, Charmaine C lcason, died Jul) 11, 2003. 3. VAc loan is in default as payments duc September 1. 2010 and each month diacailcr are due and unpaid. 4. Plaintiff contacted the Register of Wills of Cumberland County and "as informal that no estate has been raised on behalf of Charmaine (leason. 5. By letter dated February 14, 2011, Plaintiff attempted to contact an) ;mssihle AS A Charmaine Glcason at the mortgaged preiniscs to inform them of the forcclo,??.r-c, Plairtil` :ii ; requested any possible heir information for the deceased mortgagor. Attached herc?u. markcd ?is kxhibit -A.- is a true and correct copy of said letter. 6. Plaintiff received a voicemail from Dana Gleason, who identified himsclras the son of Charmaine Glcason. Plaintiff returned Dana Gleason's phone call and lent a message. Plainti IT 1',;?S not rleCl?'ed a rctur!1 call from Darla GICaso111. 7. By letter dated March 1, 2011, Plaintiffattempted to contact Dana Glcason in inibmi him of the foreclosure action. Plaintiff attached with its letter. a Waivcr by 1 lcir of' I?i(dht to he Named as a Defendant in the Foreclosure Action. Plaintiff also requested any additic;nal heir information for Charmaine Gleason. Plaintiff did not rcccive an execnled NOW= in return. Attached heretw marked as Exhibit "B7 is a truc and correct cop) of said lcaer. S. Plaintiff performed a Good Faith Investigation in an attempt to locate any additional licks of Charmaine Gleason. Plaintiff's Investigator was not able to confirm any additional heirs ol'the deceased mortgagor. Attached hereto. marked as Exhibit "C," is a true and correct cop, A Plaintif'f's Affidavit of Good Faith Investigation. 9. [-pon inf'ornwhon and bchc[ Charrnaine Gleason's suryivin(; heir LA IP" and no 1 kin is Dana Gleason. Any other parties who may have inlicritcd an interest in the m() rt,?az.c,i premises are unknown to Plaintiff. 10. On June 13, 2011, Plaintiff filed in Action in Mortgage foreclosure. Attachcd hereto, marked as Exhibit "D," is a true and correct copy of the Complaint in Nlortgagc I.aeclosurc. 11. Plaintiff named as defendant the (..'nknoy?n IIeirs. Suc?..cssols. \nd ? I Persons. I`irms. Or Associations Claiming Right. 'T'itle Or Interest F?'om Or Undo Gleason, in order to ensure that all possible parties with an interest in said proper'.) arc notified of these proceedings and in order to ensure that oood and marketable title to ;?,Iid propcrt? is conveyed by any future sheriff's auction. See Exhibit -D:' 0 No Judge has previously entered a ralim, in this case. 13. In accordance with Cumberland County Local Rule 2083(9). Plaint A sent a cop) w its proposed Motion Or Service to the Defendants on August 16. 2011 and r„qucstcd the Defendants' concurrence. PlaiMiff did not receive a response Boni the defendants. ,A true and correct copy oP Plairntil's letter pursuant to Local Rule 208.3(9) and poshnarked ccrti:icatc of niailing is attached WNW, made part hereok and markwd as l'.xhibit "I:,' 14. Because there may be parties with an interest in the mortgaged promises that arc Unknown. I'lain tilY n-, Is t effectuate service throu1;h Special Order 01' Court. ?'I II P.I I C)IZI?;, Plaintiff respectfully requests this Ilonomble Court cnner a I t)r.& pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Corr.'plaint. and a!1 future pleadinx by certified mail and regular M. posting of the mortgaged promisev and 10 publication. PHELAN HALI,INAN SCHN111:G. L:LP I )sled: 8; 23/20 I 1 By: Lawrence IF hcl ?. ?.sq.. Id. No.32„ Francis S. I lallinan, lsq.. Id. Nc. 6269: Danicl G. Schmicg. L,sq.. !d. No. 6:;20 Michele M. Bradford.. Esq.. Id. No. 69819 Judith 'l'. Romano. Esq., Id. No. 587-,,5 Shumal R. Shahdani, Aq.. Id. No. 81760 Jcnine R. Davey, Esq.. Id. No. 87077 Lauren R. Tabas, Esq... Id. No. 93337 Vivek Srivastava, Esq., Id. No. 2023,; 1 JNv It Joncs. Aq.. Id. No. 86657 Polo J. Muleahy, Aq.. Id_ No. 61 79 Andrew I.. Spivack, I:sq., Id. No. ?I< ;9 .laimc McGiiinncss. I aq.. Id. No. 90131 Chrisovalante P. I'llaW Aq.. Id. MY 91620 Joshua I. Goldman,. Esq- Id. No. 2050,17 Courtenay R. Dunn, Hsq., Id. No. 206779 Allison F. Wells, I;sq.. Id. No. 309519 William 11. Miller, Esq., Id. No. 308951 Melissa A Schcincr, Aq., Id. No. 30891 Attorneys for Plaintiff Phelan 1-lallinan & Schmieg, UP Law-cnce'l-. Phelan. I:sq., Id. No. 32227 Francis S. Hallinan, I'sq., Id. No. 62695 Daniel G. Schmieg, F.sq., Id. No. 62205 Michele M. Bradford, 1=sq., Id. No. 69849 Judith "f. Romano, [:sq.. Id. No. 58745 Sheetal R. Shah-Jam. l'.s(?.. Id. No. 81760 .Ic11inc R. Davey, 1:sc.. Id '\,'o, 87077 1 a!W'cn R. 'I a1-)as. I-'s.i.. Id. No. 93337 Vivck SI'IVaslava. I"sq.. ICI. No. 202331 Jaw 13. Joncs, l sq., Id. A'o. 86657 PctCi' J. Mulcahy F'sq., Id. No. 61791 Andrew L. Spivack. Esq.. Id. No. 84439 Jaime McGuinness, Isq., Id. No. 90134 Chrisovalante P. l'liakos, ;sq., Id. No. 94620 Joshua I. Goldman, lsq., Id. No. 205047 Courtcnay R. Dunn, Esq., Id. No. 206779 Allison F. Wclls, Esq., Id. No. 309519 William L:. Miller, P'sq., Id. No. 308951 Mclissa .1. SeLciner. Id. No. 308912 1617 .11'1\' 13oulcvard. S1?li1c 1400 UnC Penn (.'CISter Plaza Philadelphia, 1'A 19103 2i5-563-7000 PI 111IOIZ 1Y=iA<,I: CORPORAI IO\, !`/Iv`A ('FN1)ANT MOR I Cr,-1GE; CORPORATION v. NO. 1 1-4908 t `NKNO\t N I IFIRS, SUCCESSORS. ASSIGNS. CL?\413ER1,ANI) C'OIJN"I Y .\ND AL.I, PFRSW S, HRMS. OR ASSOCLA"! IONS ( [,i\li?I[ t?( RIGA I'. I I II.1. OR INTI"RI'.Sf 1,11" VI OR 1'N11;1? CI LA1ZiV[?`'?INI': GI.[:?1SON, i)IC'!:%\~1?:1 DANA G1.I:AS0N. IN I I I S CA 1) ACITY AS IIF'IR OF CI IARVIAINI: U,];ASON, DI `C'1-,1'ASJ I'll) MEMORANDUM OF LAW According to Pa.R.Civ.P. 430(x), a plaintil-f may petition the court to prov/lde 1111 aiternativc to persmn11 service ih the plaintift cannot serve a platy pers??ila[I?. The rule re??l,ir?s the a111davlt presented m support of the motion for altcrmitlvc SCrv?1CC to 'illltC !I1? Illl,t:lt' l l extent of the 111vestIoatloll which has been llladc to determine the whcrcaboutS o! the clelerld:ult COURT OF COM?IO\ 111;"1 CIVIL. DIVISION and the reasons why personal service cannot be made." Pa.R.CIv.P. 430 (a). The purpo?,c of'this procedure is to provide proof that a good faith effort has been wade to effect service under n0l'n131 wui thods. Only after such proof has heel"1 oflCred is the Court authorized to 6irccl anoticr method oC substitute service. Deer Park I,umber._Inc i. Major, 384 1't Supej-5?9 i\ 7, 941. 944 (1988), appeal denied, 525 Pa. 582. 575 A.2d 113 (1990). Plaintiffhas attached a report to its Motion. which sets 1onh the nature and UNtCllt ol' ti c investigation that has been made to determine the whereabouts of the heirs and assigns and tic reason that such scrNicc cannot he made. Attached hereto, marked as l:xhihit is a copy or the Af#idavit of (;ood Faith Invcstigation. A deceased mortgagor need not be named as a party in a foreclosure action. federal Land Bank of'Baltimore v. King, 294 Pa.86. 143 A. 500 (19281 The personal rcyTscmah\v. heir or devisee of a deceased mortgagor, if known, (unless released from linhihn ) must he named as a defendant in a mortgage foreclosure action. Moyer- y. Dieht, 130 Pa.Supcr. 1 15. 190 A. 575 (1938). In the instant action. Plaintiff has appropriately named the LMknM\n !WW. successors, assigns and all persons. Arms. and associations clahiing rkot We or kcwst kin ,I- under the decedent mortgagor as a defendant in order to convey clear and marl.e &L Me JlNT foreclosure sheriffs sale. 'title companies customarily require foreclosing mort;?a??ecs to 11,1nic the Unknown parties in order to assure that any potential party with an inlemst in 15C m"rtpapW premises has an opport a ty to defend the foreclosure. It deserves special mention that Plaintiff is merely seeking an in rem judgmcnt to recover the mortgaged premises and is not pw•suing the defendant(s) personally in this actimi. Pl3I?LAN' 1-IALL1NAN & SCI IMII•;G. I_I,l' Dated: 8/23/2011 13y: L< <°rencc 1 . Phelan, 1'.sq.. Id. No. 3222-1 Francis S. I fallimn, Esq., Id. No. 6269_3 Daniel G. Schmieg, 1:sq.. Id. No. 62205 Michele M. Bradford, Esq., Id. No. 698-19 .Iudith T, ROmano, laq., Id. No. 587 Shemal R, MCA & An Id. No. 81760 Jcii iilc R. Duvcy, I:.sq., Id. No. 87077 Imuren R. JAba,, lAq.. Id. No. 93337 Vivek Srk aaava. I",sq.. Id. No. .Ian 13..Ioncs. Id. No, 866 7 Peter .l. Mulcah?, 1;sq.. Id. No. 61 %91 Andre\r L. Spivacl., l:sq., Id. No. 8zl,:;, ) Jaime McGuinness. L;sq., Id. No. 9013-1 Chrisovalante P. I'liakos. Eml, Id. % 911620 Joshua I. Goldman, I sq.. Id. No. 20. 1017 Courtenay R. Dunn, Iaq., Id. No. 200779 Allison F. Wells, Esq.. Id. No. 3095 19 William, I:. Miller, Esq., Id. No. 30895 1 Melissa .1. Schcirner, 1-,sq.. Id. No, 30891? Attorneys for Plaintiff Exhibit "A" PHELAN IIALLINAN & SCHNTIEG, LLP Suite 1400 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 215-320-0007, ext. 1200 Fax: 215-567-0072 ,fedphe.com Sean.McLaughlin(W Scan McLaughlin Legal Assistant, Decedent Department 1'ebruary 14, 2011 Occupants & Possible Heirs Of Charmaine Gleason, Deceased 503 Front Street New Cumberiand, PA 17070 Representing Lenders in Pennsylvania and New Jersey RE: CHARMAINE GLEASON; 503 FRONT STREET, NEW CUMBERLAND, PA 17070; PIM MORTGAGE CORPORATION; PHS# 259925 Dcar Sir/Madam, Kindly be advised that the Law Offices of Phelan Hallinan & Schmieg represent PHI-1 MORTGAGE CORPORATION, the holdal of the mortgage against the above-refbrenced mortgaged premises. The loari is in default as payments due September 1, 2010 and each month thereafter remain due and unpaid. Our oflicc has t: c, n retained to bring a foreclosure action. Our office has been informed that Charmaine Gleason, an owner of the mortgaged premises, has unfortunately passed away. We are attempting to identify and contact Charmaine's next-of-kin because they may have been automatically vested with an ownership interest in the mortgaged premises upon Charmaine's death under 2") Pa.C,S.A. §301(b). It will be necessary to bring a foreclosure action against the property. If you are an heir of Charmaine Gleason or have any information regarding the heirs of Charmaine Glc;tson, please contact the undersigned at (215) 563-7000, ex. 1200 within scven 7 days of the date of this correspordence. Snc •r"?;ly, / ea McL,aug;hli Legal Assistant I 'This firm is a debt collector. Any information we receive will he used for that purpose. If your personal liabitily for tie cet:: h is been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. PHELAN HALLINAN F. SCITMIEG, IJ P Suite 1400 One Penn Center at Suburban Station 1617 John F. Kennedy Boule-yard Philadelphia, PA 19103-1814 215-320-0007, ext. 1200 Fax: 21.5-567-0072 Sean.McLaughliu@fedphe.com Scan McLaughlin Legal Assistant, Decedent Department February 14, 2011 Dana Gleason 503.Front Street New Cumberland, PA 17070 Representing Lendersin Pennsylvania and New Jersey IZE': CHARMAINE GLEASON; 503 FIZONT S'I'R1:E"I, NENv CUMBERLAND, PA 17070; 1311H MORTGAGE, CORPORATION; I'IIS# 259925 Dear Sir/Madann, Kindly be advised that the Law Offices of Phelan Hallinan & Schmieg represent PHII MORTGAGIi CORPORATION, the holder of the mortgage against the above-referenced mortgaged premises. The loan is i:i default as payments due September 1, 2010 and each month thereafter remain due and unpaid. Our otlice has been retained to bring a foreclosure action. Our office has been informed that Charmaine Gleason, an owner of the mortgaged premises, has unfortunately passed away. We are attempting to identify.and contact Charmaine's next-of-kin because they may have been automatically vested with an ownership interest in the mortgaged premises upon Charmaine's demli undcr 20 Pa.C.S.A. §301(b). It will be necessary to bring a foreclosure action against the property. Ifyou are an heir of Charmaine Gleason or have any information regarding; the heirs of Charmaine Gleason, please contact the undersigned at (215) 563-7000, ex. 1200 within seven 7 days of the date of this correspondence. Y Jtnce ly, Scan c aughlin Legal Assistant ---- ---- --- - - ----- -- - ---------- -- - - - 'This-firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability f'or the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. Exhibit "B" PHELAN HALLINAN & SCUMMY, LLP Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Fax: 215-567-0072 Scan.MeLaughlin@fedphe.com Sean McLaughlin Legal Assistant, Decedent Department Representing Lenders in Pennsylvania and Ncw,Jersey March 1, 2011 Dana Gleason, Heir Of Charmaine Gleason, Deceased 503 Front Street New Cumberland, PA 17070 RE: CHARMAINE GUASON; 503 FRONT' STREET, NEW (UMBERI ANI), PA 170770; 11111H MORTGAGE CORPORATION; PHS0 259925 Dear Sir/Madam(s): Kindly be advised that the Law Offices of Phelan I-lallinan & Schmieg, LLP represent N I l i MORTGAGE CORPORATION, the holder of the mortgage against the above-referenced mortgaged premises. The loan is in default as payments due September 1, 2010 and cacti niorith thereafter remain due and unpaid. Our office has been retained to bring a foreclosure action. Our office has been informed of CI-IARMs1INE'S unfortunate death. rh'e are song for your loss. As a possible heir of CHARMAINf; GLEASON, you may have inherited an ownersh:h inicrest in the mortgaged premises upon her death under'20 Pa.C.S.A. §301(b). Aecordirngly, t may bc, necessary to bring a foreclosure action against your interest in the property. Please be advised that you are not personally liable for the debt, as you did not execute the mortgage or note. This letter serves to afford you an opportunity to waive your right to be named as a defendant in the foreclosure action. Please find attached a Waiver which I would appreciate your executing and returning to the undersigned within fourteen (14) days of the date of this correspondence If the Waiver is timely returned it will not be necessary to name you as a Defendant ita the foreclosure action. However, if the Waiver is not timely returned and it is believed that you arc an heir of the decedent, then our office may have no choice but to name you as a defendant in file action in order to divest any ownership interest you may have in the property. ' This firm is a debt collector. Any information we receive will he used tier that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. In addition, our office requests that you please provide us with the names and current Adressc? for any other heirs of Cl fARMAINP. ("7LEASON, so that we may contact them dire,,al) , t.s thc,r also may have inherited an ownership interest in the mortgaged premises, 'T'hank you for voter cooperation in this regard. Please note that this waiver does not preclude you from attempting to sell the subject premises and recovering any possible equity in the mortgaged premises prior to the completion of' the foreclosure action. If you would like to request a payoff or reinstatement figure, please call (21S) 563-7000, and ask for the Foreclosure Resolution Department. If you have any other questions regarding this letter, please contact the Decedent Department at (215) 563-7000, ex. 1200. Sinc cly, Sean McLaughli Legal Assistant t his tum is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, Dana Gleason, Heir of Charmaine Gleason, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code 120 I'a C.S.A. Section 301(b)], hereby waive my right to be named as a defendant in a foreclosure action which may be instituted by PI-11 i Mortgage Corporation involving a mortgage secured on premises 50:3 I-ront Street, N.1w Cumberland, PA 17070 which property was owned by decedent at the time of her cc,,.th_ I hereby consent to the foreclosure action, without any further notice of proceedings of Sheriffs sale, and understand that any interest I may have in the mortgaged premises wil be divested upon completion of the foreclosure action. Date: Dana Gleason, Heir Of Chazmaine Gleason, Deceased Exhibit "C" AI'FIDAVIT OF GOOD FAITH INVES'T'IGATION File Number: 259925 Attorr.cy Firm: Phelan, hlallinan 8c Schmieg,1111 Subject: Charmaine Gleason. Property Addro-ss: :M Front Street, New CutnberLtml, PA'1'7070 I, being duly sworn according to law, do hereby depose and state as follows, an investigation into wltereabouts of the above-noted individual(s) was conducted and the following has been discovered: 1. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Charmaine Gleason - xxx-xx-6309 B. EMPLOYMENT SEARCH Charmaine Gleason- A review of the credit reporting agencies provided no employment information. C. INQUINY OF CREDITORS Our inquiry of creditors indicated that Charmaine Gleason reside(;;) at: 503 Front Street, Nuw Comb, rl rnd, PA 17070. 11. 1NQ'JIRY OF I FU PHONE CO.Mi ANY A. llIR1 C7ORY A5S15TANCE SEARCH Our office. searched directoryassistance ciatriboses, which had no list.inl; Ivor :h,trrnaiae C',Iruso:i. B. On 02-16-11 our office made a telephone call to a possible phone ntunller of the subjact(s) 1717)770-,)2I( _ and received the following information: not in service. Our office was unable to locate any heir .,or. Charmaine Gleason. III. 013I'I'LIARY SEARCH A. Atternptad to find obituary via http:J/oa,newsbank.cout/ 13. Our results found nothing, N. INQUIRY OP HEIRS AND NEIGHBORS Oct C2-16-11 nur office attempted to contact Dana Ray Gleason, potential relative of Char,nvine C(e,aso:. at; ; 03 Front Street, New Cuniherland, PA 17070, but was unable to get xiy pkone. number or `per t)n G2-16 11 our office'Ittelnptx!d to contact Kenneth R. Gfeason, potential re't^.tive of Ch;,nt nine (;lens, n at: 37371 r Street Southeast. Apartntent 116, IIinncapolis, MN 55414, but was tunable to ,rt any number for him. On 02-16-11 our office attempted to contact Lee 'inn Grajales, potential relative of C:harmaire Giow on at: 1722 Bridge Street, New Cumberland, PA 17070, but was tunable to yet any phone n,urnbrr for her. On 02-16-11 our office attempted to contact )udith A. Marinelli, polcsntial relative of Charmaine'C:eascn at: 3C6 West Courtland Avenue, Apartment C198, Caunp Hill, PA 17011, but was unable to F?et:my phone number for her. On 02-16-11 our office attempted to contact Jane Louise Reed, potential relative of Cnarnraine G;easn i at: 192 Debbie Drive, Drums; PA 18222, but was tenable to get any phone nu libor for h(!r. C)R G2-I&:I O.r office attetr.pted to CoritaCl Henry C;raaIes Jr,, l,ratential rcla:ive of C.harnmillo G;e_-tsc n <w 6763 C: utA:ry Road, I Ianisburg, PA :?111, but tarts unul,l:. t,i g,et aciy pincno number fo: I On C2 10-11, 0]1_1 7-11, 02-18-11, 02-21-11, U2-72-11, i)2-,3-1 1, ('2 24-11 & C?-2) -11 our o!!ic., it ie sc-v.rra phoney calls in an att@tnpt to CC]ntaCt HCrt: V A. Grajales, potential relative of Chainlame Glctt:.un i-t ?`%1 774-4197,1722 Bridge Street, New Curnherland, PA 17070: answerirng nuichine, On 02 76 1., 02.17-I1, (12-1S-'1"1, 02-21-11, 02-22-11, 02-23-11, 02-24-I1 & 02-2'.i-11 our office glad,' seven;) phone calls ill an attempt to contact Anne Kan igan, neighbor of the subject ai (71 Tj'73) -'+72.1, •;Fl !'rep' Street, New Cumberland, PA 17(710: answering, machine. On 02-16-'i'I our office made a phone call in an attempt to contact Charles E. Rosenbery Jr., neighbor o: the subject at (717) 774-4082, 800 Front Street, New Cumberland, PA 17070: spoke with an unidentified male who could not confirm any heir information for Charmaine Gleasoru On 02-16-11 our office made a phone call in an attempt to contact Amy Rodenhaber, noighbor or the subject at (717) 774-5008, 802 Front Street, New Cumberland, PA 17070: spoke with an unidentified mts!c who could net confirm any heir information for Charmaine Gleason. Our office was unab;e to locate airy heir for Charmaine Gleason. V. ADDRESS INQL'D:Y A. NATIONAL ADDRESS UPDATE C)n 02-16-11 we reviewed the National Address datah,ese and found the following informut?nrc (-harmaine Cleason - 503 1?rout Street, New Cumberland, PA 17070. H. ADDI'i ZONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. VI. OTHER INQUIRII3S A. DEATI ] RECORDS As of 02-16-11 Vital Records and all public databases have a death record on file for Chat inuim! VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Charmaine Gleason - 04-19-1931 B. DATE OF DHATH Charmaine Gleason - 07-11-2003 C. A.K.A. Charmaine R. Gleason " Our ?,^ccessible databases have been checked and cross-referenced for the above munvc individual(s). "' Please be advised our database information indicates the subject resider; at the currant :,dc:esti. I certify that 'Jre foregoing staternent-s made by me are true. I ant aware that if any of the fumgoinl, states made by the are willfully false, I am subject to punishment. !re by vexif -that the statements made herein are true and correct to die best of my krutwledge, and ' .f artd t;:dt this affidavit of investigation is made subject to the penalties of 18 Pa C.S `lee. uoswCyr: , " amen to authorities. nri?ln ,;• l e- w 01 Gv t,n to an ! 5'ritl;el>ed•bef6 e hie. this day' of C(\ V \? The above information is obtained from available public records and we are only liable for the cost of the affidavit. ENID ESTRADA NOTARYPURKOFNEWHL Y Ca vTMmfx.re91216N, ] 1 Exhibit "D" Pt,?!an ILsllinan & Sc!:rnieg, LLP L? ..Yenci: '.. Fsq., Id. No. 3222 ld No 62695 t)t:.?icl Ci. 5ch:n'ct;, Iisq., id. No. 62205 M., Bradford, i sq., Id. No. 69849 Jur;itn T, Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, W. No. 81760 Jenine k. Davey, I:sq., 1d. No. 87077 Lauren R. Tabas, EJsc., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 J?iy 11 - Joncs, Esq., ld. No. 86657 Peter'. Mulcahy, Esq., Id, No. 61791 Andrew I., Spivack, Esq., Jd. No. 84439 Chrisovalantc 1'. Fliakes, Fsq., Id. No. 94620 Joshua 1. Goidmon.. Esr,,,, Id. No. 205047 CnarSc:;ay R. Durui, I's q., Id. No. 206779 Andrew C. Bramblcit, 1{5q., Id. No. 208375 Al!{sor. F. Wells, Esq., td. No. 309519 Wiliam E. Miller, "sq., Id. No, 308951. Melissa J. Sehcincr, Faq., Id. No. 308912 1617 JFY, boulevard, Suite 1400 Onc Penn Center PllaZ3 Phiiadclphu:, PA 1903 2! 5-5631-700(; 25992S PHIH MORTGAUE CORPORATION, F(K/A (; iNllAN'1' MOR'1•GAGIs CORPORATION 2001 BISHOPS GATE BLVD MOUNT LAURRI., NJ 08054 V. Plai:riiff ATTORNEY FOR :'LAf;^ 'll C0UR'' ) COMMON A CIV17. DI-VISION TERM NO. UNKNOWN IIEIRS, SUCCESSORS, ASSICNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING MUTE', TTT'.,I OR IN'I'hRI'.S'I' PROM OR UNDER CHAIWAINE GLFASON, DECEASED 503 IKONT S'i REI"I' NFW CIJN!13i3RLAND, PA 17070-2030 DANA GLBASON, IN HIS CAPACITY AS HEIR OF CIIAI?,MAINE GLEASON, DECEASED 503 FRONTSTRELT NEW CUMi3I :?i?,,AND, PA 17070-2030 DefC.'Id tnts rile N: 259925 Ci7Mi3I?.RI,ANi) CUU:?'1'?' CIVYI. ACTION - LAti4 COMPLAINT IN MORTGAGE FORI?CLOSURI<' k.,?a(r?`f?f3 NO'T'ICE You have been sued in Court. II'you wish to defelId against the claims s:Ll tt!,, (1- ;r. !c foIIImving p?rttcs, yo.i must take action within (wcnty (20) days after !his Complain", and ire IcIV(Id by c nti.ri!!r a written ar?pcaraa:ce, pers?mally Or by aitot7?c}' i?nd fjlinfr , ! the C:x!rt you: dcfer-sas or chjections to the claims set ford: al;?<inst <<ou. you F,re. rr.ec', !rrt[ i you I w do so, tlic case may proceed without yau, and a judgment niay be entered :!g!.I;I yo u by tllc Court without further notice for any money claimed in the Complaint 01- FOE, :!ny claim or relief-requested by the plaintiff, You may lose money o!, property or other r[1,i;ls is?:hu!-t:,nt to y?o?!. 0U SIf!;)ULD TAKE' `['117 S PAPER TO YOUR LAWYER ONCE, IF YCi(.1 f)C) NOT E L.VI A i,AV,'YI R, GO TO OR T]11"PHONE TIII? OFFIC:; Si' FC)I:' I 131 1, T OhI!ICE CAN PROVIDE Y 0 1 J WH1-1 1NF0 R\l ATI0N ABOIJ ' I lt1ZING :?. „ IF YOU C„!\,NNO'I' AFFORD TO iI1RF. A 1 A`,VYI R, TlilS ()I i I"I: M,',.l' i9 .:4 1 TO PROVIDI YOU WITH INFORMATION ABOUT- AGIINCIES I'1IA`I' MAY 01 i? ?.1, L,hCiAi. SJ?IZ?'I(:I?S h0 l'LIGIBLE PE,RSOiNS AT A I l DUC:I?D I'',-,L OR NO ClJMi3Fat1.ANr1 C:C)UN:?' t1iTOR.1yEY UFERRAL CUMIi1:R1,AN1) (:OtJN'I Y 13AR AS50C KI'IO C'tJ`?T3[.RLAIvT) COUN". Y COURTHOUSE, 2 1,113ER FY AVENUE CAIUASLF', PA 17013 {717)249-3166 (fiU0) 990-9108 i-u Ij 2,99':.5 "IaiIt if ?f, is PHH MC)RA:iAOF CORPORATION, F/K/A CENDANTMORTGAGE CORPORATTON 2001 BISHOPS GATT: BLVD MOUNTLAUREL, NJ 08054 2. Th,- name(s) and last known address(es) of the Defendant(s) ure: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL, PERSONS, FIRMS, OR ASSCC TATIONS CC,AIMING RICIPT, C)I::T:'hF?P.1.S'1' 11:.OM OR IJNDI3I: CIIARMWE GLEASUN, D.F,CEASI?D 503 FRONT STREET NiiW CUMBERLAND, PA 7070-2030 DANA Gr ,EASON, IN HIS CAPACITY AS I IEIR OF CHARMAINE GL JASON, D .CEASFD 503 FRONT STREET N1";W CUMBERLAND, PA 17070-2030 vv`m is are the real owner(s) of the propcriy hereinafter described. i C):i 0 7; ?!i/;?CC)7 C!IARR?I!\CN}3 GIVASON male, oxemood an] dclivgvl a raniti T,1 upon the pr,n-.ises huAnailnr described to P?,AiNT1E;I? which ialni-tga c js pie:! in U nce KIM Recorder ofAMNIHIRI_AND County, in Book No. 1756, muryagc and assignment(s), if niay, are nit umn of public record RY Ere incorr? ?r<u: cl heroin by refereticc in accordance with AMR 1019(g); which Rule relieve, tcc I'!aintiff from i!:s obligations to attach documents to pleadings if thosc dommas anu public rcco:d. 4. The premiss subject to said rnm1ppe is dummhui as attablyi, Fdow 25N2, The nnorts;age is in de'buh because monthly paDnc:rits of principal rind mortgage due 09A1/2010 and each month thucaficr arc due and unpaid, and. by the vnl.,? of said mortgage, upon failure of mortgagor to make such payrnents after a d,.tc spec:f;Cd In written Wce serf to Mortgagor, Tv entire principat balance and Al Mimi dic, tilere,orl 'Cue' collectible forlinvith. 6. l'lic ,o;lmving a.niounts arc due on the inortgag:: as of 12/l412-C 10: Principal Balance R05,5 11.26 Interest 82.,492.14 08/01/2010 through 12/14/2010 Iwo Charges $151.95 ivtortgage Insurance Premium Maw Mortgage; Insu nwe YOTAI, 108,G 32.d3 i. 1'i;urllfl ^0. sce;clnP t1 ;ud{?;ncn( of pcr.?onal lial;lhty (or an __t _ i_yg n r ? l(l w agRinst the Defendangs) A the Action; however, Plainiiif rc ervcs :ts rig!:L tC .rir.1, t, separate Action to establish that right, if such right exists. If DuAndangQ hflAwv, received a disc:narge of personal limbility in a btinlcruptcy proceeding;, this Actioi. ,)t Niorlgal e Foreclosure is in no way an attempt to reestablish such personal lWiAy discharged in bankruptcy, but only to foreclose the mortgage and sell the rrjo? t,al-, r;: p1elnlS CS ,JL1!3'.l ;1J It to :1eniIsyIvan? ,I Law. File U W12; 8. Notice of In'ention to Foreclose as so forth in Act 6 of 1971 Notice of HOMcc ymm ? ? crgenc.y Assistance Program ptlsutlr.t to :'pct 91 of 1983, Noticc of Default as required by the rnor;E;age document, as the Defendant(s) on the date(s) set forth thereon, and the tcm..l:oraly st;ly rls p w' (IcC said notice has terminated because Dcfendant(s) has/have failed to meet witk; KW MY d or gut authorized consumer credit comweling agency, or hawhave been dc;nik ak t m (I by the Pewmylvania Housing Finance Apcney. 9. A4orr sr_,or CHARMAIiv'F, OLEASON died on 07/1 MOM and, u°xln informin:e,n vam belief, her surviving heir(s) is DANA G1, IASC)N. l;). Plainiil:.°s representative contacted the CJ ister of VAHs of Cl..11vi13I?1??L,A?ID )''.N` I Y and mms informed that no estate has been raised on behalf 'of, the decedent 17]01'tfC£1?;01 , I I. Plaintiffl>creby'releases CHARMAINF. GI.E.ASQN, from liability for the dehl sec?:;ed t ? the mortgage. 12. Pl?untiftciotis not hold the named DOSI ant(s), DANA Cal E.^?.SOi''' pcrso::<T : !-- this cause of action. This action is brout,ht to filre.ctgsi. !1C ut??rest C). "t 1 s Dc.fendan.(s) in the aforesaid real estate only, and the Duhndant(s) hasilmw Wan mwm o in accorcimme with therequiremen'ts of Pa R.C.P. 1144(a)(2) and 20 PHc 4 2IM2 W}I-. R,E?FORE, Plaintiff dernands an in IrcciR judgment against tht Defendalit(s) in thc $108.61 12.43, togcttICr with interest, costs, fees, and charges co'.lectiblc under the mort,agc lnclu(l(ng hL:t not limited to attorney fees and costs, and for the f(>I'f1C?OSUri: and" st'.le C Inortf?a?,ed pro;rc_-ty. Pff1 L.AN f-IALI_ANAN & SC;1IiU lE,('r, 1,1.11 Lawrence T. Phelan, 1sc1. ld, No. 32227 Francis S. I Iallimm, L?sq,, 1d, No, 62695 f Daniel G. Schrrlieg. F'sq., Id. No. 52205) Michele iv1. Bradford, 1?sq., Id. No. 69849 Judith T. Romm,o, Fs',-I., :-.. No. 5874; i__,' Sheeui! Sh<lh .It:.?i, 1a(,. 16. N;) 81 j Jeninc R. Davcy; 8107; [_I L,al;ron R. Tabas, I3sq., Id No. 93.3:37 1? Vivek Srivasmva, I:sq., Ic. No ?02:33:. [ Jav 13, Joncs, 1,sq., Id. No 860';7 Petcr J. Mulcahy, Esq., M. Nn. 61791 [] Andrew L. Spivack, E,sq., Id. No. 84,t31) Chrisovalante P. Fliakos, Esq,, Id. No. 9-I62G Joshua I. Goldman, I;sq,, Id. No, 205(47 Courtenay R. Dunn, Esq., Id. No. 20()-,179 Andrew C. I3rn,blc(t, Esq., ld No. [-? a Allison 1". "Nelk, l s'l 1('.'v(l 3095]1) r ! 'XIl'i:nl !:., iM 1 r, !-';,Ci., l(( I NC'. i08G1 l "Vli;ll :;a J..'ch0i'rC;; ';(]., ICI. '"c)..iG ; AtlOrnC}`:: C(i; Pi?fl!lt'fr FiIC 4: 2-9925 LEGAL DESCRIPTION Al"t V! 'OSi', tracts of (411CCtl? oI l.;;u; "..:L'fllC in ?hc } USUII??II ul Nc,%v u:i L.l Cumt )erland County. Pennsylvania, bounded and dcscribe:'d as follow>;, to wvit: Pact One: BEGINNING at a point on the westerly Iinc of lQuit Street, which point is .05 miles south of !hc south',vesterly carder of FmA and Reno Streets, and at to :southerly 'one of Ad mw or A ttTl: of Bm nn I?omwki; thence along the westerly line of Fron" `>treeC db'-" ti-; Sot_i ::i; + . ininut_s 16 seconds ',Vest, niiz odour and two tenths (941.20) Ccet m a pant(; th.c:.X degnms 32 r dnutcs 58 seconds West one hundred thirty-one and (, ? feet to a point; thence Nortlt 21 degrees 29 minutes Last, fifty and XT tenths (5150) W point; thence South 68 degrees 31 minutes Bast, fifty-six (5100) feet m a pdnh thcmT Nook 7' dugm s 38 minutes Last, thirty-eight and three tenths (38,3n) Wil to H point at AS s;,Aherk, l rv of lakds now oI nu (&Bmnn lie W lc: almsctd th,ncc UnR the sync, SoAh 71 01 A runum 03 sccou is last, eighty-flvcs and seven tenths (85.70) fec?: to tt point, the 13 L;Gf''viNIN CT. HAVING thereon erected a two-story aluminum siding dwelling house 1vlown and nu:i,bercxi 503 Front Street, New Cumberland, Pe.nnsylvanit:. Pile N_ 259W2 ) I EEI,,Ci the same premiscs.which Andrew C3. Snyder and Bonnit 1. Snyder, his wikc V;;, TwA ;teed p'lated Mush 1 1994 and recorded AMS 9; 1991 in the C'urnhKand Coi:M M ad, y Deeds Office; in Deed Book 102, I'age 501 granted and conveyed unto "dV&rd f?. I3:In?h?,ci;..? and Marv .1. Hatunhach, his wife, the Grantors herein. Tract T"vo: I3I;Gl.'" ND,IG at a point, that point being the northwest corner of'the New Cuml-cit ,ci I3mm,. 11ru-k, the final Minor Subdivision Play; of the New Cumberland Senior Citizen Cenwq mco dud in Plr.r^ Book 73, 1'4ge 24, at the Recorder of Deeds Office in and for Cumberland win, tArm, South 26 degrees I9 rninutos 35 seconds West, along lands now or fulnlccrly owil;:c? by ti? Borough of New Cumberland, a dAwnce of ninety-five and sixi.y-fire one I im&,r ,',? 'x;'16 ` IK 10 a PON; '11 nut; South 61 degrees 34 minutes 48 seconds J.fISt, dlsia!ic,,, ttl r IX C II' T is thirty-Wins one-hundredths (6139) feet to a point; thence south 22 d .goys 57 rnil.uAn Wt o, AM= of dArty-eight and thirty one-hurldrudths (38.30) feet to a point; thence 31 minutes Wcst, a distance of fifty-six and zero ono-hundredths (56.00) hoot to a poinq iPmcc South 21 dogmes 29 mhutes West, a distance of fifty and fifty (;nc-hundredths (50.5"."' to po.nt; u c c, N )i-ih 68 degrees 32 minutes 58 seconds `xlesl, a c.islanc:; four aua hundivdthi (4.70) IS to A point and place o!BECINNING. CONTAINING 2,-22.79 square feet. MY 'SUM Bi:aNC. No, oi'thc Final Miner Subdivision Plan of tl.c:',,c?-v Curnbcrl?,Ild Senior CAN= C ca??r, : corae?i in Kan Book 73, Page 24, a! 12 Rccordcr of Jueds C)f% in LA 'c r Cumb.crla.nd Counly. BEW Kc sa.mu prun ices which The Bomugh ofNc"v Cumb" rlrlr.a by fh„ir rle:,.: dI; December 24, 1996 and recorded December 24, 1996 in the Cumberland Count; Recordcr Ucedy Office it Dowl Book I51, Page 13N t,;rumled and corm"c unm l:cwud N, Auaa,adn h. and lAwl A }3arln,:l,a:. n A mhb Lhe C_IC81]!:or8 hurcin PROPERTY CARS& 503 FRONT' STREET, NEW CUMBEI LAND, PA 1"770-2030 PATUH. 0 25-25-0006-407 ri i, 4: 251) 9-.', VERIFICATION r -C?1%/ r _ Ll }r7jr ldereby states that halshe isleq2 ii ' Z/ (- f'?j of', 11Hl i VORTGAGF? i.;O.,'00RATION, servicing agent for Plaintiff in this matter, that he/shc is !c '.11:1"c i})ls Venfica.u)rn, and v'chQ lot the own" m Won the lYgeEMig Qw Act a:i in 'vtoltl;aga Foredosum ale flue and correct to the beat of Lis/:Ier know(eaf,;?, information raid belief. The undersigned understands that this saternwa is mada.iuhje:;t to t'ne penalties of 18 Pa. CS. Soc. 49M relating to unswom falsification to autherides, DAIQ tCrviccl: I'1 '(ti "VTOR'] GAGF, CORPOItA'1'ION File T 259925 Name: GLEASOI File 159M Exhibit "E" £ fl 66 l 3Q0? dIZ WQ2id p3llb4v 6.4Z 9Lc)nJ 95ZLLZb000 !; ~Al A]NSkt ?'?SOd 5?dy r ! o ? c? O 0 ? ? ? , ? a -c's o ? ?, ?c???sd r+ H .? r c ; c n ?} ti ;! N , W u ? cJ 1 G e3 s ? _ - ? Q Q IL .9 O c° G 1 .A C G m I ?' a o E y G ?d ? W o N w O ? ,7 i cc q N ?I A 1 O O' in V ICI ?, ? O p, 0.'J 1 .I 1'???Gr ? 1 P O v "-?y7 I N l ?t ?X 11 O w i:. ?? e?j Y G ? G'G ? n ? y 4 G 'J 13 w II! II 11 I I cll G 1 I u t ] 1'I ? 1 iGl O I I i` I Y .v.. U I ? O W - II U ? a. O 0 u ?^ O U ? I ?1 a p ? I 1? T n PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 215-563-7000 Fax: 215-567-0072 Kathleen.Lakc@fedphe.com Kathleen Lake Legal Assistant, Decedent Department Representing Lenders In Pennsylvania and New Jersey August 16, 2011 Dana Gleason, Heir of Charmaine Gleason, Deceased 503 Front Street New Cumberland, PA 17070-2030 RE: PITH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION V. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR i NDEIt CIIARMAINE GLEASON, DECEASED; and DANA GLEASON, IN HIS CAPACITY AS 14F.IR OF CHARMAINE GLEASON, DECEASED NO. 11-4908 CIVIL TERM Dear Defendant: Enclosed please find a copy of my proposed Motion for Special Service of the Complaint and all future pleadings and Order. In accordance with Dauphin County Local Rule 208.2(d) 1 am seeking your concurrence with the requested relief. Please respond to me within one week, by August 23, 201. 1. Should you haN?u any further questions or concerns, please feel free to contact me. Otherwisc, ple se be guided accordingly. Sin erely, Kathleen Lake Legal Assistant PHEL)LNr HALLINAN c`';c SCH-VIIEG, LLP Suite 1400 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 215-563-7000 Fax: 215-567-0072 Kathleen.Lake@fedphe.com Kathleen Lake Legal Assistant, Decedent Department Representing Lenders In Pennsylvania and Neiv ..Jersey August 16, 2011 Unknown Heirs of' Charmaine Gleason, Deceased 503 Front Street New Cumberland, PA 17070-2030 RE: I'HIT MORTGAGE CORPORATION, F/K/A CENDANT MOR'T'GAGE CORPORATION V. UNICNO 'N HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING .RIGHT, TITLE OR INTEREST FROM OR UNDER CIIARMATNE GLEASON, DECEASED; and DANA GLF,ASON, IN HIS CAPACITY AS 11EIR OF CHARMAINE GLEASON, DECEASED NO. 11-4908 CIVIL TERM Dear Defendant: Inclosed please find a copy of my proposed Motion for Special Service of the Complaint and all future pleadings and Order. In accordance with Dauphin County Local Rule 208.2(4) I am seeking Your concurrence with the requested relief. Please respond to me within one week, by August 23, 2011. Should you have any further questions or concerns, please feel free to contact me. Otherwise, please be guided accordingly. `7 rely, Kathleen Lake Legal Assistant Phelan 14allinan & Sclunieg, LLP Lawrence T. Phelan, Psq., Id. No. 32227 Francis S. ]-Hallman, ;sq., Id. No. 62695 Daniel G. Schmieg, I?sq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 .ludith T. Rcmano. 1a?1.. Id. No. 58745 Yicct.il R. Shale-Jail. l?.sc;.. Id. No. 81760 .Icilmc R 1)a\ c,. lase.. Id. No. 87077 Lauren R. I ahas. I`sc- Id. No. 93 337 \%ivc1: Srivasmva, 1?.sq.. Id. No. 202331 Jay 13. Jones, ];sq., Id. No. 86657 Peter.l. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, 1:sq., Id. No. 84439 Jaimc McGuinness. F,sq., Id. No. 90134 Chrisovalante P. Hiakos, Fsq., Id. No. 94620 Joshua 1. Goldman. Fsq., Id. No. 205047 Courtcn,ry R. Dunn, !,.'sq.. Id. No. 206779 Allison 1'. Wclls. I",s;._ Id. No. 309519 V illiant 1 . Miller. I:s,cl.. Iii No. 3+08031 V;c11ssa .1. Sc;,cincr, I,,c;._ Id. No. 30891 1617 JFK 13o:ilcvard. Suitc 1400 One Perm Center Plaza Philadelphia, PA 1910; 215-563-7000 PI 11-1 MOR'l GAGI. CORPORATION. F!K/A COURT OF CO.MNION P1,1 AS C'I;NDANT NIORT('T,'1G1 CORPORA"hlON CIVIL DIVISION v. NO. 11-4908 1'N1tiNO\'? V I IImi111St'C:'(' SS0RS. ASSIGNS. C[7MR1 RLAND CC?UN`"I 1; ND A L1, I'[=RSO`??s, I'IRMS, Ol: ASSO('[A"1LC?NS C'LAINII\6 RI(JII F I I"hLI?" OR INFI RI'ST I"1'0M OR t Nll)l,'IZ CIIAl,"vIAINF GLFIASON. DI CI:ASI?D DANA GLEASON, IN I-IIS CAPACITY AS I11_?II: OF CFIARNIAINE C;I,I;ASON, DECI'ASI:D CE12'I'IFICA'1'ION 01' SF,l2VICI? I herchy certil-y a true and correct copy of the foregoing I'laintiff's MOtioil for spcci?ll Service and 13elid in Support thereWf were sent via first class mail to the following on the date listed below: Dana Gleason, Heir of Charmainc Gleason. Deceased 503 front Stec,, No%y- Cumberland. PA 17070-2030 Unknown 1 [sirs ol' Charmainc Clcason. Deceased 503 1'rout Street Ncw CLunberland. PA 17070-2030 P ELAN [A1,1JN J & SCI IMl 1,X;. !.I.I' L»c??cc 'hc,l.I-!I. Iaq.. Id. N;? t2 1?2 Francis S. I Tallman, E?sq.. Id. No. 6269 Daniel G. Schmic,.;, ksq.. Id. No. 6220 Michele M. Bradford- Esq., Id. No. 698;9 Judith l'. Romano, Esq.. Id. No. 58745 Shectal R. PEAK Aq.. Id. No. 81760 Jeninc R. Davcy, l,sq.. ld, No. 87077 Lauren R. Tabas, l sq., W. No. 93 3.3 Vivck Srivastava, 1-.sq., Id. No. 2023., 1 Jai It Jones, 1 sq., Id. No, 86657 PAcrA Mulclgh Ian.. ld No.61791 Aiidre?', 1.. Spivacl;, l:scl., Id. No. Sd??) .Jaime McGuinness, I:sq., Id. Ne. 9',JI ;I C' AnwaNnte P. Hiskos. Al.. 11 Vc 1) 620 Joshua 1. Goldman. I-sq., id. No. 2050-.7 Co.u-tenav R. Dunn. 1`sq.. Id. No. 20(,77(,) Allison I,. Wells, l:sq., W. No. 309519 William I:. Millcr. Id. No. 30895 Melissa A Scheirer, 1-.sq.. Id. No. 3089 .y/ Attorneys for Plaintiff FICE kelan Hallinan & Schmieg, LLP 1 ? I 1J V22 Lawrence T. Phelan, Esq., Id. No. 32227 j 12 Francis S. Hallinan, Esq., Id. No. 62695 CUf BERLA NDI C Daniel G. Schmieg, Esq., Id. No. 62205 OUF4 ! }' PEAyt NJ Michele M. Bradford, Esq., Id. No. 69849 Q 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 ATTORNEYS FOR PLAINTIFF 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 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 Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff COURT OF COMMON PLEAS VS. CIVIL DIVISION UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND CUMBERLAND COUNTY ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CHARMAINE GLEASON, DECEASED No. 11-4908 DANA GLEASON, IN HIS CAPACITY AS HEIR OF C1 ARMAINE GLEASON, DECEASED Defendant(s) AFFIDAVIT OF SERVICE BY PUBLICATION IN ACCORDANCE WITH COURT ORDER PHS # 259925 CLO .? I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance i with the Court Order dated August 31, 2011 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(1) in The Sentinel on October 25, 2011 and The Cumberland Law Journal on October 28, 2011. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Phelan Hallinan & Schmiee. LLP DATE: November 18, 2011 Hallinan & Schmieg LLP Lav . Phelan, Esq.,. No. 32227 Francis S. Hallinan, Es ., Id. No. 62695 Daniel G. Schmie sq., 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 Co ay 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 Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 Attorneys for Plaintiff PHS # 259925 CLO It I PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Jackie Cox, Sales Director, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th ,1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): October 25, 2011 COPY OF NOTICE OF PUBLICATION I CL before me this Notary Public -. - xpires: NUTARIAL SEAL BAMBI ANN HECKENDORN Nctary Public CARLISLE BOROUGH, CUMBERLAND CNTY My Commission Expires Jan 27. 2014 leposes that he/she is not subject matter of the or advertisement, and that the foregoing statement as td character of publication fi r' PHELAN HALLINAN & SCHMIEG, LLP Sheetal R. Shah-Jani, Esq., Id. No.81760 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CENDANT MORTI VS. UNKNOWN HEIRS, SU( ASSIGNS, AND ALL PE: ASSOCIATIONS CLAIM TITLE OR INTEREST f CHARMAINE GLEASO DANA GLEASON, IN Hl HEIR OF CHARMAINE DECEASED TO THE PROTHONOTAR Kindly enter judgmej SUCCESSORS, ASSIGNS CLAIMING RIGHT, TIT] GLEASON,DECEASED CHARMAINE GLEASON Plaintiff's Complaint within mortgaged premises, and as,, As set forth in $108,642.43 TOTAL $108,642.43 I hereby certify that () the Defendants' last known addresses are 503 FRONT STREET, NEW CUMBERLAND, PA 7070-2030 and 385 LUCILLE AVE, LONG BEACH, CA 90814- 3026, and (2) hat otice has been given in accordance with Rule Pa.R.C.P 37.1. Date Sheetal R. ah-Jani Esquir (- $1 y Pd12--. Attorney for Plaintiff I?3 da Ct* DAMAGES ARE HEREBY A SESSED AS INDICATED. DATE: 1yl w PHS # 259925 PROTHONOTARY 259925 Attorney for Plaintiff "FILED-OFFICE OF THE PROTHONOTARY 2011 DEC 22 AM 11:41 CUMBERLAND COUNTY PENNSYLVANIA ORATION, F/K/A CORPORATION : ESSORS, SONS, FIRMS, OR NG RIGHT, ;OM OR UNDER ,DECEASED CAPACITY AS : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 11-4908 FOR IN REM JUDGMENT FOR FAILURE TO VF.R AND ASSESSMENT OF DAMAGES t in favor of the Plaintiff and against UNKNOWN HEIRS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS E OR INTEREST FROM OR UNDER CHARMAINE id DANA GLEASON, IN HIS CAPACITY AS HEIR OF DECEASED, Defendant(s) for failure to file an Answer to !0 days from service thereof and for foreclosure and sale of the :ss Plaintiff's damages as follows: PHELAN HALLINAN & $CHMIEG, LLP Sheetal R. Shah-Jani, Esq., Id. No.81760 1617 JFK Boulevard, Suite ',1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE C( CENDANT MORTGA VS. UNKNOWN HEIRS, Sl AND ALL PERSONS, I CLAIMING RIGHT, T OR UNDER CHARMA DANA GLEASON, IN I CHARMAINE GLEAS, The under Plaintiff in the above-cal of the following facts, to ORATION, F/K/A CORPORATION Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS :ESSORS, ASSIGNS, MS, OR ASSOCIATIONS E OR INTEREST FROM , GLEASON, DECEASED CAPACITY AS HEIR OF DECEASED CIVIL DIVISION No. 11-4908 AVIT OF NON-MILITARY SERVICE attorney hereby verifies that he/she is the attorney for the matter, and that on information and belief, he/she has knowledge (a) that Plaid defendant(s) UNKNOWN H OR ASSOCIATIONS CLAI CHARMAINE GLEASON, OF CHARMAINE GLEAS( United States or it Allies, or Relief Act of Congress of 1 ? is without information sufficient to determine whether the .S, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, VG RIGHT, TITLE OR INTEREST FROM OR UNDER CEASED and DANA GLEASON, IN HIS CAPACITY AS HEIR DECEASED is/are not in the Military or Naval Service of the erwise within the provisions of the Soldiers' and Sailors' Civil as amended; and (b) that Plai tiff is without information sufficient to determine whether defendant UNKNOWN HEIRS, SUC ESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CHARMAINE GLEASON, DECEASED is over 18 years of age and resides at 503 FRONT STREET, NEW CUMBERLAND, PA 17070-2030. (c) that defe CHARMAINE GLEASON, STREET, NEW CUMBER: CA 90814-3026. This relating to unsworn Date DANA GLEASON, IN HIS CAPACITY AS HEIR OF ?ASED is over 18 years of age and resides at 503 FRONT i, PA 17070-2030 and 385 LUCILLE AVE, LONG BEACH, is made subject to the penalties of 18 Pa. C.S. Section 4904 on to authorities. qWv? Sheeta R. Shah-Jani, squir Attorney for Plaintiff 259925 (Rule of Civil Procedure No. 236) - Revised PHH MORTGAGE COR ORATION, CUMBERLAND COUNTY F/K/A CENDANT MOR GAGE CORPORATION COURT OF COMMON PLEAS VS. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PEI OR ASSOCIATIONS CL. TITLE OR INTEREST F CHARMAINE GLEASOI DANA GLEASON, IN HI HEIR OF CHARMAINE DECEASED SONS, FIRMS, CIVIL DIVISION ,IMING RIGHT, ;OM OR UNDER No. 11-4908 ,DECEASED CAPACITY AS .LEASON, Notice is given that a Judgment in the above captioned matter has been entered against you on 1a 1aa lk k . By: If you have a0y questions concerning this matter please contact: Sheetal R. Shah-Jani, Esquire Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRMIS A DEB71 COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OB INED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY REC RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT O A LIEN AGAINST PROPERTY. ** PHH MORTGAGE CORPO"TION, F/K/A CENDANTMORTGAGE C CORPORATION V. UNKNOWN HEIRS, SUC( AND ALL PERSONS, FIR] ASSOCIATIONS CLAIM11 OR INTEREST FROM OR CHARMAINE GLEASON, Plaintiff ;SORS, ASSIGNS, ,OR RIGHT, TITLE COURT OF COMMON PLEAS CIVIL DIVISON NO. 11-4908 CUMBERLAND COUNTY DANA GLEASON, IN HIS CAPACITY AS HEIR OF CHARMAINE GLEAS N, DECEASED Defendant(s) TO: DANA GLEASON, IN HIS CAPACITY AS HEIR OF CHARMAINE GLEASON, DECEASED 385 LUCILLE AVE LONG BEACH, CA 9b814-3026 DATE OF NOTICE: THIS FIRM IS A DE T COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU AVE 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. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALI Y OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJE ONS 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 HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. PHS # 259925 IF YOU CANNOT', AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WTTH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS A A REDUCED FEE OR NO FEE. Office of the Pro onotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 1 013 2 LIBERTY AVENUE (717)240-6195 CARLISLE, PA 17013 (717) 249-3166 By: C-" ?drew Marley, Esquire Attorney for Plaintiff Phelan Hallinan & Schmieg, 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 III PHS # 259925 PHH MORTGAGE CORPORATION, F/K/A COURT OF COMMON PLEAS CENDANT MORTGAGE CORPORATION CIVIL DIVISON Plaintiff NO. 11-4908 V. CUMBERLAND COUNTY UNKNOWN HEIRS, SUC CESSORS, ASSIGNS, AND ALL PERSONS, FIR MS, OR ASSOCIATIONS CLABff G RIGHT, TITLE OR INTEREST FROM O UNDER CHARMAINE GLEASON DECEASED DANA GLEASON, IN HIS CAPACITY AS HEIR OF CHARMAINE GLEAS ON, DECEASED Defendant(s) TO: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CL AIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CHARMAINE GL ON, DECEASED 503 FRONT STREET NEW CUMBERLAN D. PA 17070-2030 DATE OF NOTICE: THIS FIRM IS A DE T COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPO ENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO CO ECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE -. .. . -T-O-._ENT._ ...ER A WRITTEN YOU ARE IN DE-FAULT BECAUSEYOU HAVE FA-IL-ED--- APPEARANCE PERSONAIL Y 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 OM 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 PHS # 259925 HAVE A LAWYER, GO T(? 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 A TA REDUCED FEE OR NO FEE. Office of the Proth notary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 1 013 2 LIBERTY AVENUE (717) 240-61 5 CARLISLE, PA 17013 By: X?& i drew Marley, Esquire Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 259925 PHH MORTGAGE CORPO?TION, F/K/A COURT OF COMMON PLEAS CENDANT MORTGAGE CORPORATION CIVIL DTVISON v. Plaintiff NO. 11-4908 CUMBERLAND COUNTY UNKNOWN HEIRS, SUC ESSORS, ASSIGNS, AND ALL PERSONS, FIR MS, OR ASSOCIATIONS CLAIMI NG RIGHT, TITLE OR INTEREST FROM O UNDER CHARMAINE GLEASON DECEASED DANA GLEASON, IN HIS CAPACITY AS HEIR OF CHARMAINE GLEAS N, DECEASED Defendant(s) TO: DANA GLEASON, 1 9 HIS CAPACITY AS HEIR OF CHARMAINE GLEASON, DECEASED 503 FRONT STREET NEW CUMBERLAIs D. PA 17070-2030 DATE OF NOTICE: THIS FIRM IS A D T COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND 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. IMPORTANT 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 ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUTI A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAIP THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO T OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH ORMATION ABOUT HIRING A LAWYER. PHS # 259925 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 A TA REDUCED FEE OR NO FEE. Office of the Prot] Cumberland County 1 Courthouse S Carlisle, PA 1 (717) 240-61 )tary CUMBERLAND COUNTY BAR nthouse ASSOCIATION re CUMBERLAND COUNTY COURTHOUSE 3 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: drew ZMarley, Esquire Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 259925 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-4908 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION, f/ k/a CENDANT MORTGAGE CORPORATION, Plaintiff (s) From UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT TITLE OR INTEREST FROM OR UNDER CHARMAINE GLEASON, deceased DANA GLEASON, in his capacity as heir of CHARMAINE GLEASON, deceased (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: $108,642.43 L.L.: $.50 Interest from 12/23/11 to Date of Sale ($17.86 per diem) -- $2,982.62 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $273.00 Other Costs: Plaintiff Paid: Date: 3/l/12 I ? I?.J . IJGt-?''? David D. Buell, Prothonot (Seal) Deputy REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK, 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. 308877 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE COURT OF COMMON PLEAS CORPORATION Plaintiff CIVIL DIVISION V. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CHARMAINE GLEASON, DECEASED DANA GLEASON, IN HIS CAPACITY AS HEIR OF CHARMAINE GLEASON,DECEASED Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 12/23/2011 to Date of Sale ($17.86 per diem) TOTAL NO.: 11-4908 CUMBERLAND COUNTY $108,642.43 $2,982.62 ?_ C-) = f...a ' } - _i G rs ' C) Ph n Hallinan & Schmieg, LLP Michael Kolesnik, Esq., Id. No.30887 Attorney for Plaintiff Note: Please attach description of property. PHS # 259925 O $as. 50 PAA'tr`/ 7 (PI.00 C8F ?5. d0 ?• aa.00 10•oo " 10.00 10.00 1.00 " 01.50 " 00 ' PD ATTy 4a.a,5 ?,,,eCfl • 50 LL ?llSS873??8(0 RE Writ z O H a O w H 0 H z W U O? d ? H oa ? a O O.? U O h_ U O a , H? x U a V z d a U z 0 d U W OW d W aA O ?z O ww zw az wd ad ax dU Aa zw d A Cz7 ? ?O d0 as w O? ?w ?z ?a w xw w z? o? x H c? >?a A W w U W A z O W a w d U w a W H U U z z 0 w a C7 A a? Q -?i a? ..o cri ° 3 Q O z?z v?U ¢ow o d' ? o OU° o Wok U c`nr, O ? ? ° W U ? d w xZQ`?i'wCA ° oo h z??WMWW3 00 U W 00 o o W az ? ? ab s o w r`?' o a O ? W o a a ? (Z R U 4- x .- W cot ?o cs, w a No w U w Q U o W o x? a x zx?° ¢?M3 w L1 U C U w o ?z xQ z? ox>? ?UWx aoaW 0P? Upa z z?" Q¢M° PHELAN HALLINAN & SCHMIEG, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff V. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CHARMAINE GLEASON,DECEASED DANA GLEASON, IN HIS CAPACITY AS HEIR OF CHARMAINE GLEASON,DECEASED Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL, DIVISION NO.: 11-4908 CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (x) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc 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' --! - - In Hallman & Jcnmteg, LLY Michael Kolesnik Esq Id 1 30§17 ., . . , ney for Plaintiff -U:x 7W M b? _= _ ,1r7, PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff V. , UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CHARMAINE GLEASON, DECEASED DANA GLEASON, IN HIS CAPACITY AS HEIR OF CHARMAINE GLEASON, DECEASED Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-4908 CUMBERLAND COUNTY PHS # 259925 AFFIDAVIT PURSUANT TO RULE 3129.1 PHH MORTGAGE CORPORATION, F/K/A CENDANT 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 503 FRONT STREET, NEW CUMBERLAND, PA 17070-2030. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, 503 FRONT STREET AND ALL PERSONS, FIRMS, OR NEW CUMBERLAND, PA 17070-2030 w,. ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CHARMAINE GLEASON, DECEASED m M M- DANA GLEASON 503 FRONT STREET NEW CUMBERLAND, PA 17070-2030 r-- --tom M 385 LUCILLE AVE LONG BEACH, CA 90814-3026 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real prop erty to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be TENANT/OCCUPANT Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division Department of Public Welfare, TPL Casualty Unit, Estate Recovery Program Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA reasonably ascertained, please indicate) 503 FRONT STREET NEW CUMBERLAND, PA 17070-2030 6th Floor, Strawberry Sq. Dept 280601 Harrisburg, PA 17128 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 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. i?-7 Date: e 2P 2 By. ffi Hallinan & Schmieg, LLP Michael Kolesnik, Esq., Id. No.308877 ney for Plaintiff PHH MORTGAGE CORPORATION, F/K/A CENDANT COURT OF COMMON PLEAS MORTGAGE CORPORATION CIVIL DIVISION Plaintiff : : NO.: 11-4908 VS. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CHARMAINE GLEASON,DECEASED DANA GLEASON, IN HIS CAPACITY AS HEIR OF CHARMAINE GLEASON, DECEASED Defendant(s) CUMBERLAND COUNTY ,-vim =M 3W sT'r cnr`" ? vc =9 C)- NOTICE OF SHERIFF'S SALE OF REAL PROPERTY --? ' TO: DANA GLEASON 503 FRONT STREET NEW CUMBERLAND, PA 17070-2030 DANA GLEASON 385 LUCILLE AVE LONG BEACH, CA 90814-3026 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CHARMAINE GLEASON, DECEASED 503 FRONT STREET NEW CUMBERLAND, PA 17070-2030 "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 503 FRONT STREET, NEW CUMBERLAND, PA 17070-2030 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 $108,642.43 obtained by PHH MORTGAGE CORPORATION, F/K/A CENDANT 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 Sheriffs 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 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-4908 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION vs. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CHARMAINE GLEASON, DECEASED DANA GLEASON, IN HIS CAPACITY AS HEIR OF CHARMAINE GLEASON, DECEASED owner(s) of property situate in the BOROUGH OF NEW CUMBERLAND, Cumberland County, Pennsylvania, being (Municipality) 503 FRONT STREET, NEW CUMBERLAND, PA 17070-2030 Parcel No. 25-25-0006-407 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $108,642.43 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION TRACT ONE All THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of New Cumberland in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the westerly line of Front Street, which point is .05 miles South of the southwesterly corner of Front and Reno Streets, and at the southerly line of land now or formerly of Baron Bestecki; thence along the westerly line of Front Street aforesaid, South 20 degrees 4 minutes West, ninety- four and two tenths (94.2) feet to a point; thence North 76 degrees 30 minutes West, one hundred thirty-one (131) feet to a point; thence North 13 degrees 30 minutes East, fifty and five tenths (50.5) feet to a point; thence South 74 degrees 30 minutes East, fifty-six (56) feet to a point; thence North 14 degrees 58 minutes East, thirty-eight and three tenths (38.3) feet to a point at the southerly line of lands now or late of Baron Bestecki aforesaid; thence along the same, South 79 degrees 47 minutes East, eighty-five (85) feet to a point, the place of BEGINNING. HAVING thereon erected a two-story aluminum siding dwelling house known and numbered as 503 Front Street, New Cumberland, Pennsylvania. TRACT TWO: ALL THAT CERTAIN tract or parcel of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point, that point being the northwest corner of the New Cumberland Borough Park, the Final Minor Subdivision Plan of the New Cumberland Senior Citizen Center, recorded in Plan Book 73, Page 24, at the Recorder of Deeds Office in and for Cumberland County; thence South 26 degrees 19 minutes 35 seconds West, along lands now owned by the Borough of New Cumberland, a distance of ninety-five and sixty-five one-hundredths (95.65) feet to a point; thence South 61 degrees 34 minutes 48 seconds East, a distance of sixty-four and thirty-nine one-hundredths (64.39) feet to a point; thence South 22 degrees 57 minutes West, a distance of thirty-eight and thirty one-hundredths (38.30) feet to a point; thence North 68 degrees 31 minutes West, a distance of fifty-six and zero one-hundredths (56.00) feet to a point; thence South 21 degrees 29 minutes West, a distance of fifty and fifty one-hundredths (50.50) feet to a point; thence North 68 degrees 32 minutes 58 seconds West, a distance of four and seventy one-hundredths (4.70) feet to the point and place of BEGINNING. CONTAINING 2,422.79 square feet. BEING Lot No. 2 of the Final Minor Subdivision Plan of the New Cumberland Senior Citizen Center, recorded in Plan Book 73, Page 24, at the Recorder of Deeds Office in and for Cumberland County. UNDER AND SUBJECT, NEVERTHELESS, to all easements, restrictions, encumbrances and other matters of record or that with a physical inspection or survey of the premises would reveal. TITLE TO SAID PREMISES VESTED IN Charmaine Gleason, by Deed from Edward N. Baumbach, Jr. and Mary J. Baumbach, h/w, dated 07/26/2002, recorded 07/30/2002 in Book 252, Page 4529. The said Charmaine Gleason died on 711112003, and her known heir is Dana Gleason. PREMISES BEING: 503 FRONT STREET, NEW CUMBERLAND, PA 17070-2030 PARCEL NO. 25-25-0006-407 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, PLAINTIFF V. UNKNOWN HEIRS, SUCCESSORS ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CHARMAINE GLEASON, DECEASED DANA GLEASON, IN HIS CAPACITY AS HEIR OF CHARMAINE GLEASON DECEASED, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-4908 CIVIL ORDER OF COURT «C.. ° i. _ AND NOW, this 27th day of March, 2012, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before April 17, 2012; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, Nk --? v M. L. Ebert, Jr., . Melissa Cantwell, Esquire Attorney for Plaintiff Unknown Heirs, Successors v Assigns, And All Persons, Firms Or Associations Claiming Right, Title Or Interest From Or Under Charmaine Gleason, Deceased Dana Gleason, In His Capacity As Heir Of Charmaine Gleason Deceased, a? Dana Gleason 385 Lucille Avenue Long Beach, CA 90814-3026 bas C°s & . ? ed 3/,), ?I? Phelan Hallinan & Schmieg, LLP Melissa. J. Cantwell, Esq., Id. No.308912 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza . ` ? ? ? , ! ? ? TA Philadelphia, PA 19103 215-563-7000 C i _5 A"s? PHH MORTGAGE CORPORATION,-JUMBERLAND c-OUNT Court of Common Pleas CENDANT MORTGAGE CORPORATIA14HSYL'" A Plaintiff Civil Division vs. CUMBERLAND County UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, No.: 11-4908 AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CHARMAINE GLEASON, DECEASED DANA GLEASON, IN HIS CAPACITY AS HEIR OF CHARMAINE GLEASON, DECEASED Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's March 27, 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 UNKNOWN HEIRS, SUCCESSORS, DANA GLEASON ASSIGNS, AND ALL PERSONS, FIRMS, OR 385 LUCILLE AVE ASSOCIATIONS CLAIMING RIGHT, TITLE LONG BEACH, CA 90814-3026 OR INTEREST FROM OR UNDER CHARMAINE GLEASON, DECEASED DANA GLEASON 503 FRONT STREET NEW CUMBERLAND, PA 17070-2030 Phelan Hal 'nan & Schmieg, LLP DATE: ? By: Melissa J. Cantwell, Esquire Attorney for Plaintiff 259925 AFFIDAVIT OF SERVICE (FNMA) PLARGW CIJMBERLAND 6Lf' P, R? 1 H 0 1 A?"; ti PHH M I'M MORTGAGE CORPORATION, F/KJA CENDANT . MORTGAGE CORPORATION PHS9259925 2012 APR 10 AM 10: 03 DEFENDANT SERVICE T "W lY UMCNOWN HERS, SUCCESSORS, ASSIGNS, AND ALL COURT NO.:11- B E R L A N D COUNTY PERSONS, )FIRMS, OR ASSOCIATIONS cLAIMING, RIGHT, PENNSYLVANIA TITLE OR INTEREST FROM OR UNDER CHARMAINE GLL480N, DECEASED DANA GLEASON, in his capacity as Heir of CHARMAINE GLEASON, Deceased SERVE DANA GLEASON, in his capacity as Heir of CHARMAINE TYPE OF ACTION GLEASON, Deceased AT: XX Notice of Sbaffs Side 385 LUCILLE AVE SALE DATE: Jute 6, 2012 LONG BEACK CA 90814-3026 SERVED Served and made to O Din his gaiGb as Heir of CHARMAINE efendant on they of 20?, at ?0 o'clodtA. M., at the manna described below: Defendant pasonally served. -90W _ Adult family member with wham Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clak 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 '55 Height 30 1 Weight 2-55 Race W-- Sex -- Other G t4ir I, L501? a competent adult, being duly sworn according to law, depose and state 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. Sworn to and bed before me dins 1 rl day of 2 'L. 12. Notary. By. y- . Ni xe , NOT SERVED On the day of 20 , at -o'clock _ M., Defendant NOT FOUND because; _ Vacant - Does Not Exist - Moved _ No Answer on at at _ Service Refused Other: Sworn to and subscribed before me this day of ?_ • By: Notary: TIFFANY JENSE Commission # 1937583 Notary Public - California San Mateo County 1 a ? - - - - - - - - - - M Comm. Expires May 21, 2015 ATTORNEY FOR PLA_ 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 Jenine R. Davey, Esq., Id. No. 87077 Lauren P. Tabas, Esq.. Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L Spivack, Esq., Id. No. 84439 Chrisovalanne 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 - Does Not Reside (Not Vacant) oc-?? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION, F/K/A Court of Common Pleas CENDANT MORTGAGE CORPORATION Plaintiff Civil Division vs. CUMBERLAND Count - ' Z UNKNOWN HEIRS, SUCCESSORS, .ASSIGNS, AND o? rn :m- ? - ALL PERSONS, FIRMS, OR ASSOCIATIONS XM No.: 11-4908 -° M .?r- CLAIMING RIGHT, TITLE OR INTEREST FROM cnj" tv OR UNDER CHARMAINE GLEASON DECEASED - DANA GLEASON, IN HIS CAPACITY AS HEIR OF CHARMAINE GLEASON, DECEASED cF c?s. Defendants y' z rv r ORDER AND NOW, this J44-6 day of 2012, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule en tered 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 $18.51 Late Charges Legal fees Cost of Suit and Title Property Inspections Mortgage Insurance Premium to be paid prior to June 6, 2012 Escrow to be paid prior to June 6, 2012 Escrow Deficit TOTAL $105,541.26 $12,476.11 $451.95 $1,300.00 $1,926.29 $218.25 $392.70 $718.19 $4,876.01 $127,900.76 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. BY THE COURT: .1. `'A l ltson P Wells , -5, ?Ja n? (??PGSo r? 259925 PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff VS. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CHARMAINE GLEASON, DECEASED DANA GLEASON Defendants L W d=ROTNONOrAF:' 2 012 M'i, Y 23 AM 9:58 CLMERLAND COUNTY PENNSYLVANIA CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 11-4908 AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.ILC.P., 444(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CHARMAINE GLEASON, DECEASED 3/14/2012 on at 503 FRONT STREET, NEW, CUMBERLAND, PA 17070-2030 in accordance with the Order of Court dated 8/31/2011. The property was posted on 3/17/2012. Publication was advertised in the Cumberland Law Journal on 3/23/2012 & in the Sentinel on 3/16/2012. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. DATE: lc Ph an & Schmieg, LLP By: Ma h od, Esquire Attorney aintiff ? I IN'l'Hr7, ('OLJR1' OF COMMON PLEAS O1-'(;LJMl31'.ItL,ANE) ('OLjNl*l,Y, PI:;NNSYI,VANIA PHH MORTGAGE, CORPORATION, F/K/A COURT OF COMMON` 111,1?,\S CENUANT MORTGAGE CORPORATION CIVIL DIVISION V. NO. 11-4908 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS. CUMBERLAND COUN'T'Y AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING R.ICH.I 'l'ITL1; OR INTEREST FROM OR't1NDER CHARMAINEs GLEASON, I)I CI ASED DANA GLEASON, IN HIS CAPACITY AS I[EIR OF CHARMAINE GLI ASON, DIiCEASED ORI)I:R AND NOW, this 3( day of 4 , 2011, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of court, it is hereby; ORDERED that Plaintiff may obtain service of the Complaint, and all future pleadings. on the above captioned Defendants, Unknown Heirs, Successors, Assigns, And All Persons. Firms Or Associations Claiming Right, Title Or Interest From Or Under Charrmaine Gleason, Deceased, by publication of the complaint in accordance with Pa.IZ,('.P. 430(b)(1), and b)? mailing a true and correct copy of the complaint by Regular nail and by posting the mortgal?cd premises 503 Front Strect, New Cumberland, PA 170700 by the Sheriff or a non-party competent adult. d1; C? `iaK v ? it is further ORDI'A1,1I) and Dk?CIU-A D that counsel 6or Plaintil7' is hereby dircctrd to file a ccrtiricate of service with the Prothonotary's of ice to assure compliance with this court order. BY TIIF. COURT; .1. aq:?l ga;, r y n l 1 y x' 1a " j ,.d c r z r tj .""+ p %C 00 J O? Vi 1? W CM `d. a " V1 4 A M ? IA Mf go r h1J V K1 oom - CiA A L . . 0 qm"am 2 1M ?'? 1 4 % M R 1 AILED FRS Z CODE 1 < 0- - z 7?1 A +es 2012 ?103 AFFIDAVIT OF SERVICE (FNMA) PLAIN TIFFCUMBERLAND COUNTY PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION PHS # 259925 DEFENDANT SERVICE TEAM! lsh UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL COURT NO.: 11-4908 PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CHARMAINE GLEASON,DECEASED DANA GLEASON, in his capacity as Heir of CHARMAINE GLEASON, Deceased SERVE UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL TYPE OF ACTION PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, XX Notice of Sheriff's Sale TITLE OR INTEREST FROM OR UNDER CHARMAINE SALE DATE: June 6, 2012 GLEASON, DECEASED AT: 503 FRONT STREET NEW CUMBERLAND, PA 17070-2030 **Please post property with Notice of Sale in accordance with Court Order** SERVED Served and made known to UNKNOWN HEIRS SUCCESSORS, ASSIGNS, AND ALL PER DECEASED, Defendant on the 'day of MM-Nt-N , 20 (L, at o'clock A. M., at %3 Sbur S?, AfFwCy&hg LATq 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. antcer of said Defendant's company. Other: bST--D kd PEA" W' it mef- O f- 5 *t4. Description: Age Height Weight Race Sex pp?Othepr I, t? A Al D u-, a competent adult, hereby verify that I personally•?e?det[ a free 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. r ;"1 A AI A DATE: /? 0- NAME: D??,?? '`lam 4- PRINTED NAME: ?D NA'?-D lt/lU u- TITLE: E& CI S 5G ( 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 unswom falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. 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 March 23. 2012 Af ant 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. Li Marie Coyne, Yditor SWORN TO AND SUBSCRIBED before me this 23 day of March, 2012 d-aa??? Notary NOTARIAL SEAL DEBORAH A COLLINS Notary P011C CARLISLE BOROUGH, CUMBERLAND D COUNTY My Cwaksion Expires Apr 2 .2014 CUMBERLAND LAW JOURNAL NOTICE OF SMOM'F'8 811LE LAND, PA 17070-2030 is scheduled In the Court of Common Pleas of Cumberland County, Pennsylvania NO. 11-4908 PHH MORTGAGE CORPORATION f/k/a CENDANT MORTGAGE CORPORATION vs. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CHARMAINE GLEASON, DECEASED and DANA GLEASON, IN HIS CAPACITY AS HEIR OF CHARMAINE GLEASON,DECEASED NOTICE OF SHERIFFS SALE OF REAL PROPERTY NOTICE TO: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR AS- SOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CHARMAINE GLEASON, DECEASED Being Premises: 503 FRONT STREET, NEW CUMBERLAND, PA 17070-2030. Being in the BOROUGH OF NEW CUMBERLAND, County of CUMBER- LAND, Commonwealth of Pennsylva- nia, 25-25-0006-407. Improvements consist of residen- tial prop". Sold as the property of UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CHARMAINE GLEASON, DECEASED and DANA GLEASON, IN HIS CAPACITY AS HEIR OF CHAR- MAINE GLEASON, DECEASED. Your house (real estate) at 503 FRONT STREET, NEW CUMBER- to be sold at the Sheriff's Sale on June 6, 2012 at 10:00 A.M., at the CUMBERLAND County Courthouse, 1 Courthouse Square, Carlisle, P4 17013, to enforce the Court Judg- ment of $108,642.43 obtained b , PHH MORTGAGE CORPORATION f/k/a CENDANT MORTGAGE CO - PORATION (the mortgagee), against the above premises. PHELAN HALLINAN & SCHMIEG, LLP Attorneys for Plaintiff Mar. 23 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland ladle Cox, Sales Director, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): March 16, 2012 COPY OF NO'T'ICE OF PUBLICATION Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication Sworn to and subscribed before me this Notary Public My commission expires: NOTARIAL SEAL BAMBI ANN HECKENDORN Notary Public CARLISLE BOROUGH, CUMBERLAND CNTY My Commission Expires Jan 27, 2014 _G. PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintm n N,? -- ?; W t, .. ? BE ELAND COU"I"'i: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION, F/K/A CUMBERLAND COUNTY CENDANT MORTGAGE CORPORATION Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND No.: 11-4908 ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CHARMAINE GLEASON, DECEASED DANA GLEASON, IN HIS CAPACITY AS HEIR OF CHARMAINE GLEASON, DECEASED Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY 1 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 r Certified Mail Return Receipt stamped by the U.S. Postal Service is attache reto fAhibit "A". Attorney Date: ?? v IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 259925 s,r a W W U W O ,ww a W A W J^ V ? F W z N ? 10. H N ei >> ? Q o ? y U ' cd LL. O e E . `° y y OC h x ? W JU r N ? b s = c v ^ p ? Q 1?1 ? w o M ? ? ?, a o v a : O o PQ w a r4 VN A r a o a o b c o a °,* ? o h? a H? H N Q y ? ? CIO ro ? p j z E-+ A W ? (1) y >. ao p ?A w i y s. in •> {3?+ M a pq as O Z - v? vH " ?t Q . o ° ° v? Z' M w 04 ° v e [ o p CD 6 i W) 14 .5 ? a ~ 0 J 00 co ; p „ x _ w O C o o O o k v C q Ex cs C'i „wi N a W O R E N W V 3 00 = O O y N fs O of ? 3. • +?+ O h ? _ P1 J w CO ?' A • ? a a i .? ?p C .. W z W d W + d i O d atf a y O^ Rf Z i, O 7 ca Q, O 6a O t3 d y d .r. % a "i Cn •ti OO _. a.-oa z P ;-r oAx raa3? M AU,.v v wNx a;U 0 Tv?^= w n ? E ? a uw.c? 5' u .. E ? E E m Q E X C w, w u x v ? W c m C O ? 5 C 4 O V = T 6 m b c u E'm x E ?w E w u ? t0 E H ? u w e o o ? Q O U O u ? p O ? N y O p 0. O ? O 7 d 6?9 4. oG a- u w C ? o-b u O N O .n _b ? 7•Krn w v? .[ u E o N U N O ?w aFa G7 T 0 a a? F n°° a 00 d U Q) 41 c G D N J cv b w • Q G ..? N t? in r z v 2 O .-.11_ _ _ s° FILED-OFFICE F IE PROTHONOTARY 7012 JUL 18 AM 10: 59 CUMBERLAND COUNTY PENNSYLVANIA PHELAN HALLINAN & SCHMIEG, LLP BY: LAUREN R. TABAS, ESQUIRE Identification No. 93337 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 PHH Mortgage Corporation, f/k/a Cendant Mortgage Corporation Plaintiff V. Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest from or Under Charmaine Gleason, Deceased and Dana Gleason 503 Front Street New Cumberland, PA 17070-2030 Defendant Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 11-4908 PLAINTIFF'S MOTION IN AID OF EXECUTION PURSUANT TO RULE 3118 TO AMEND COMPLAINT, NUNCPRO TUNC Plaintiff, PHH Mortgage Corporation, f/k/a Cendant Mortgage Corporation by and through its attorneys, Phelan Hallinan & Schmieg, LLP, respectfully requests that this Honorable Court enter an Order granting Plaintiffs Motion in Aid of Execution Pursuant to Rule 3118 to Amend Complaint, nunc pro tunc in the above-captioned matter and in support thereof avers as follows: 1. The premises that is the subject of this action known as, 503 Front Street, New Cumberland, PA 17070-2030 is (hereinafter "Property") owned by Charmaine Gleason, Deceased. 2. On July 26, 2002, Charmaine Gleason, made, executed, and delivered a Mortgage upon premises in the amount of $119,300.00, which mortgage is recorded in the Office for the Recorder of Dee of Cumberland County in Mortgage Book 1766, Page 3252. A copy of the mortgage, redacted to remove confidential information is attached is hereto, incorporated herein and marked as Exhibit "A". 3. The mortgage fell into default for the required monthly payments due September 1, 2010 and each month thereafter, Plaintiff filed an action in mortgage foreclosure on June 13, 2011. A true and correct copy of the Complaint is attached hereto and marked as Exhibit "B". 4. The Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest from or Under Charmaine Gleason, Deceased were served with the Complaint on March 17, 2012; Dana Gleason was served with the Complaint on March 8, 2012 and in rem default judgment was entered on December 22, 2011 in the amount of $108,642.43. A true and correct copy of the judgment is attached hereto, incorporated herein and marked as Exhibit "C" 5. Following entry of judgment Plaintiff obtained a title update to comply with Pa.R.C.P. 3129.1 and discovered that the premises is encumbered by a Federal Tax Lien. A true and correct copy of the Notice of Federal Tax Lien is attached hereto incorporated herein and marked as Exhibit "D". The Federal Tax Lien was filed January 19, 2011 and is therefore, junior to Plaintiffs mortgage. However, Plaintiff and its Counsel were unaware of the lien at the time the Complaint was filed. 6. Plaintiff requests that the Complaint be amended, nunc pro tunc, to incorporate the Federa Tax Lien referenced in paragraph six (6), above, and that the United States of America be made a Defendan herein pursuant to 28 U.S.C. §2410. 7. The United States of America is not indebted to the Plaintiff and Plaintiff does not seek to enter judgment against Defendant. 8. The Property is currently scheduled for the October 3, 2012 Sheriff's Sale, notice of which will be provided to the United States of America in compliance with Pennsylvania Rule of Civil Procedure 3129.2. 9. The judicial sale of the Property would act to divest the Federal Lien referred to in Exhibit "D" as a lien upon the Property. However, said divestiture would not discharge the actual debt owed to the Internal Revenue Service. 10. The United States of America maintains its right of redemption following the sale as provided in 28, U.S.C. Section 2410(c). 11. Plaintiff believes there is no prejudice to any of the parties to amend this matter, nunc pro tunc. Failure to grant the requested relief means that Plaintiff would have to stay its sale, vacate judgment, file an amended complaint and effectively re-start this action at a considerable expense to Plaintiff. 12. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion in Aid of Execution to Amend Complaint nunc pro tunc, Memorandum of Law, Order Certification of Service to the Defendant on July 5, 2012 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "D". WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant its Motion to Complaint to reflect the United States of America as a Defendant and incorporate the Federal Tax attached hereto as Exhibit "D" nunc pro tunc. DATE: Z SCHMIEG, LLP Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP BY: LAUREN R. TABAS, ESQUIRE Identification No. 93337 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 PHH Mortgage Corporation, f/k/a Cendant Mortgage Corporation Plaintiff V. Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest from or Under Chanmaine Gleason, Deceased and Dana Gleason 503 Front Street New Cumberland, PA 17070-2030 Defendant Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County :No. 11-4908 PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION TO AMEND COMPLAINT Pursuant to 28 U.S.C.S §2410, the United States may be named a Defendant to a foreclosure action so that if/when the property sells at Sheriff s Sale, the Lien is divested as it relates to the property. §2410 goes onto grant the IRS a period of redemption after the property sells at Sheriffs Sale. Once named as a Defendant, Plaintiff does not seek to enter judgment against the United States. Plaintiff only seeks to include the United States to complete the sale of the property and acquire clear title to the property. 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. "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." See Gutierrez v. Pennsy1 vania Gas & Water Company, 352 Pa.Super, 507 A.2d 1230, 1232 (1986). The Court in Gutierrez went on to say that the Court should grant requests to amend pleadings absent compelling grounds to the contrary. Id. I Pa.R.C.P. No. 3118 is designed to give the court "broad discretion to provide relief in aid o execution". National Recover Systems v. Pinto, 18 D. & C. 3d 684, 686 (Pa.Comp.Pl 1981). Specifically, the rule provides, inter alia: (a) On petition of the plaintiff, after notice and hearing, the court in which a judgment h been entered may, before or after the issuance of a writ of execution, enter an order again any party or person ...(6) granting such other relief as may be deemed necessary anappropriate. Pa.R.C.P. No. 3118(a). The predicates for a petitioner to obtain supplementary relief in aid of execution of judgment are (1) the existence of an underlying judgment; and (2) property of the debtor subject execution. Kaplan v. I. Kaplan Inc., 422 Pa. Super. 215, 619 A.2d 322 (1993). In this case, there no question that an underlying judgment was entered in favor of the Plaintiff and against t Defendants as it relates to Defendants' property. Plaintiff respectfully requests that this Court gra the requested relief as failure to do so would result in significant losses to Plaintiff in the form both lost time and costs. In Livingston v. Unis, 659 A.2d 606 (Pa. Cmwlth. 1995), although the Commonwealth Court found the Common Pleas Court exceeded the scope of Rule 3118 by making a determination of which creditor had priority to the debtor's lottery winnings, the court nonetheless refused to remand the case for a separate hearing. Id. at 612. In so finding the court stated, "it would be judicially inefficient to remand this matter to the trial court when all of the necessary parties were able to participate in the matter before the Court of Common Pleas. " Id. at 609. In support of its ruling, the Livingston court cited Pa. R.C.P. 126, which provides that civil procedure "rules shall be liberally construed to secure the just, speedy and inexpensive determination of every action or proceeding to which they are applicable." Pa. R.C.P. 126. Requiring Plaintiff stay its sale, vacate judgment and effectively restart the instant action, when there has been no contest and Plaintiff does not seek to actually enter judgment against the United States, would cause undue delay and additional cost to Plaintiff when it has already incurred significant losses. This Court has plenary power to administer equity according to well-settled principles of equity jurisprudence in cases under its jurisdiction. Cheval v. City of Philadelphia, 176 A. 779, 116 Pa. Super. 101 (1935). Moreover, it is well settled that Courts will lean to a liberal exercise c the equity power conferred upon them instead of encouraging technical niceties in the modes of procedure and forms of pleading. Gunnet v. Trout, 380 Pa. 504, 112 A.2d 333 (1955). This is certainly a case where the exercise of this Court's equity powers is appropriate and necessary. Plaintiff is requesting the entry of a court order naming the United States as a Defendant and incorporating its Federal Tax Lien, so that the buyer of the property at Sheriff's Sale will acquire clear title to the Property. If the requested relief is not granted, Plaintiff will not be able to acquire clear title to the property and will suffer from additional delay and incur additional costs. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant its Motion Amend Complaint. DATE: - I Z submitted, LLP BY: `? aTabas, Esquire Attorney for Plaintiff EXHIBIT A s ROBERT P. ZIEGUR REOORDER OF DEEDS &UMBERLAND OOUNTY-PA '02 JUL 00 PM 12 56 Prepared By: Return To: A1- Donald Broe, Cendant Mortgage Corporation Cendant Mortgag4kCgrpQ^atAgn 3000 Leadenhall Road Mount Laurel, 2001 Bishops Gate Blvd. Mount NJ 08054 Laurel. NJ 08054 -- Parcel Number: aS-Q5_ OOC* 467 ISpace Above This Use For Rerorft Data] MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated Jul y 26th, 2002 , together with all Riders to this document. (B) "Borrower" is Charmaine Gleason, AN UNMARRIED PERSON Borrower is the mortgagor under this Security Instrument. (C) "Lender" is Cendant Mortgage Corporation Lender is a Corporation PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mao UNIFORM INSTRUMENT Form 3038 1101 4ft-G(PA) mm) Papa 1 p1 16 InlUals•_? '. VMP MORTGAGE FORMS • OM521-7291 AUG -9 2002 SKI766PG3252 ... . organized and existing under the laws of New Jersey Lender's address is 3000 Leadenhal 1 Road Mount Laurel , NJ 08054 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated Jul y 26th. 2002 The Note states that Borrower owes Lender One Hundred Nineteen Thousand Three Hundred Dollars and Zero Cents Dollars (U.S. $119.300. 00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than August 1st. 2032 (I?) "Property" means the property that is described below under the heading "Transfer of Rights in the Property. " (P) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: 0 Adjustable Rate Rider 0 Condominium Rider M Second Home Rider ? Balloon Rider F-1 Planned Unit Development Rider 14 Family Rider 0 VA Rider 0 Biweekly Payment Rider F] Other(s) [specify] (M "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (n "Commumlty Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, craft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Lscrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. ?f 1. W,-12 nit -40V PA) moss Page 2 of 1e Form 3039 1101 HK 1766PG3253 . (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.R.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a 'federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the COUNTY [Type otRecording Jurisdiaion] of CUMBERLAND [Name of Rwonft Jurb"on]: Being more particularly described by a legal description attached hereto and made a part thereof. Being the same premises conveyed to the mortgagors herein by deed being recorded simultaneously herewith; this being a purchase money mortgage given to secure the purchase price of the above described premises. which currently has the address of 503 FRONT STREET NEW CUMBERLAND ("Property Address"): [Street] [City], Pennsylvania 17070 [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and futures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." d-G(PA) Koe) Page 3 or $6 Form 3039 1101 BK 1766PG3254 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all clam and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real propei'ty. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lander may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lander: (a) cash; (b) money order; (c) cortified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lander shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extant that, each payment can be '"` *S ' Y 4W(PA) Moel Pope 4 of 16 Form 3099 1101 9K.1766PG3255 paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association (Dues, Fees, and Assessments, if any, be escrowed by Borrower, and sudh dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lander Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has bean waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase *covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest evPA) pone) Pte" s Of to Form 3038 1101 `BK 1766PG3256 shall be paid on the I=&. Lender shall give to Borrower, without charge, an annual accounting of the Fmhds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to mains up the shortage in accordance with RESPA, but in no more than 12 moruhly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all suns secured by this Security Instrument, Lender shall promptly refund to Borrower any Fmxe held by Lender. 4. Cbarges; Ides. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument; leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only en long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Larder's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the bolder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lanier may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property hworauee. Borrower shall keep the improvements now existing or hereafter erected on the Property ink against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the tern of the Lawn. The insurance carrier providing the insurance shall be chosen by Borrower subject to Larder's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracldng services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. kwd 60 48V PA) Loom) raw 8 of is Form 9089 1101 BKI766PG3257 , ,I If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not prow Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower seared by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Leader, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In this event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, bender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Leader shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, die insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Leader (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 4k-G(PA) pace, o, rape 7 of 10 Form 8038 1/01 ,BK1766PG3258 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lander otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section S that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in.connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Leander or its agent may mab reasonable entries upon and inspections of the Property. If it has reasonable cause, Lauder may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. S. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Leader's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, them Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may tale action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. tMMaY:? -e1PA1 toooal.ol Pegs 8 of 18Form 3058 1101 BK { 766PG3259 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment- If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Leader agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of malting the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Iumurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums requited to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be requited to pay Borrower any interest or earnings on such low reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lend Mortgage Insurance a8 a condition of making the Loan and Borrower was required to maize designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce Iowa. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of finds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsarer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) mounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage IiHIUIance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an afrdiate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed 'captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Laurance, or any other terms of the Loan. Such agreements will not Increase the amount Borrower will ewe for Mortgage Insurance, and they will not entitle Borrower to any refund. -BtPA) to0081 Paps 9 of 1e lnkW': w Form 3088 1/01 8K 1766PG3260 (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the r%M to receive certain disclose m, to request and obtain cancelbdion of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lander shall have the right to hold such Miscellaneous Proceeds until Lander has had an opportunity to inspect such Property to ensure the work has been cwnpleted to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay far the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the suns secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial tatting, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrunment whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages Borrower fails to respond to Lender within 30 days after the date the notice is given, Lander is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be lnlllal?:t 0V PA) oooel rue. to a to _?/?9? Form 3098 1101 BK [ 766PG326 ! dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impaument of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby =signed and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Leader to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Succors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors In Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joh>d and Several UabiNty; C.o-slguers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligatad to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrumtent. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loaua Charges. Leader may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shell not be construed as a prohibition on the charging of such fee. Lender may not charge foes that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by malting a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct opayment to Borrower will constitute a waiver of any right of action Borrower might have arising out overdiarge• 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to ireuw• WOMA) mmi Page 11 of 1s Form 3039 1101 BK1766PG3262 have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expreaaly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Leander specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified There may be only one designated notice address under this Security Instrument at any one procedure. time. notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until mom' y received by Lender. If any notice iequired by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security instrument. 16.. Governing Law; Severability; Rules of Construction. This Security Instrument shall be ®ovenned by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mesa and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Ben-ewer's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Trande r of the Property or a Beneficial Interest In Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sates contract or escrow agreement, the intent of which is the trans&r of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not leas than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these an= prior to the expiration of this period, Lender may involve any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinsude After Acceleration. If Borrower meets certain editions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of. (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) ' entry of a judgment enforcing this Security Instrument. Those conditions are duet Borrower: (a) pays Leander all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cares any default of any other covenants or lnkiala: 41%45(PA) Wool Papa 12 of 16 Fan 3039 1/01 BKI766PG3263 agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that bender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sous secured by this Security Instrument, shall continue unchanged. Leader may require that Borrower pay such reinstatement an= and expenses in one or more of the following forme, as selected by Lender: (a) cash; (b) money order, (c) certified check, bank duck, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations sectored hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments nine under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Lo®m Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Larder may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleW breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hasardorta Sobatances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) *Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Bnvimmmmental Law; and (d) an "Bnvirommental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. InhkW -6tPA) roooel raa• to w to Form 3036 7101 BK 1766PG3264 e Borrower shall not cause or permit the presence, use, disposal, storap, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower :ball not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. Tie preceding two sentences shall not apply to the presence, use, or storage an the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, my spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the proem, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by say ver?ntal regulatory gauuthority, or any private party, that any removal or other remediation of any substance aff the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental NON-UNIFORM COVENS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Bamnver prior to acceleration fanowing Borrower's breach of any covenant or agreement in this Security Instrument (bid not prior to acceleration under Section 18 unless Applicable Law provides otirerw I e). Lender d" notify Borrower of, among either things: (a) the default; (b) the action required to cure the delynk; (e) wken the default mot be cured; and (d) that failure to lance the default as specified may relt In acceleration of the cams secured by this Security Instrument, foreclosure by judicial proceeding and sae of the Property. Lender shall further inform Borrower of the rJtt to reinstate a won and the 1gbt to assert In the foreclosure ovoceedinst the non-admiem of a default or ay other defence of Borrower to acceleration and foridosure. the default Is not caned as specified, Loader at its option any require immediate ppa?ymnent In full of all sums secured by this Security Intrument without farther demand and may firecIase this Security Insku memt by judicial proceoftg. Lender shall be entitled to collect all expenses incurred In pursuing the remedies provided in this Lion 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent putted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such oeciunenee, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation casts. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Rat Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Pmvbase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rabe After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 7nilfsp ???? 49%-61PA} 100081 Pays 14 of tut Form 3038 1101 BK"1766PG3265 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: (Seal) Charmai ne 61 eason -Borrower (Seal) -Borrower (seal) (Seal) -Borrower -Borrower (Seal) (Seel) -Borrower -Borrower (Seal) (mil) -Borrower -Borrower oWfPA) WOOS) page 15 of 16 Form 5099 1101 BKI766PG3266 r. • Cerdfkate of Residence I, Donald Broe , do hereby certify that the correct address of the within named Mortgagw is 3000 Leadenhal l Road Mount Laurel . NJ 08054 Witness my hand this 26th day of July, 2002 aDonald Broe Agent of Mortgagee COMMONWEALTH OF PENNSYLVANIA, CUMBERLAND County ss: On this, the 26th day of July. 2002 , before me, the undersigned officer, personally appeared . Charmaine Gleason known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: NOW14 sew &=M IL Nim, Nomy POW UAaaar, ItteoaN?attotNoW'°° do Title of OfH rMtNla 4W (PA) tooost.ot rage to of 1*0 Form 3039 1/01 BK 1766PG3267 • < Exhibit "Aft TRACT ONE: .All THAT CERTAIN aact or parcel of land asd pradw..d uWc !runt sad bdnjr lxdu ' t Borough of New Cumberland- bt d w Cosstt Of , i Cumberland and Cam mawealth of PL%%rj1wnta, won pwileslari)r dm brd sr fi&wx BEGINNING at a point on the westerly 1«ne of Front-Strait, which pain is .05 miles South of the southwesterly corner.of Front and-Reno Streets, and at the southerly line of land now of formerly of Baron Sestecki; thence along the westerIT line of Front Street aforesaid, South 20 degrees 4 minutes West, ninety-four and two tenths (34.2) feet to a point; thence North 76 degrees 30 minutes West, one hundred thix-ty-one (131) Eeec co a point; thence north 13 degrses.30 minusa east, fifty and Elva tenths (50.5) feet to a ?a?nt; thence South 74 degrees 30 minutes Bast, fifty-six (56) feet4to a pcinti thence north 14 degrees 58 minutes East, thirty-eight and three tenths (38.3) feet to a point at the southerly line of lands now or late of Baron Bestecki aforesaid; thence along the same, South 79 degrees 47 minute East, eighty-five (85) feet to a point, the place of 88GIMUM., HAVING thereoa erected a two-story aluminum siding dwelling house known and numbered as 503 Front Street, New Cumberland, Pennsylvania. TRACT TWO: ALL THAT CERTAIN tract or parcel of land situate in the Borough } of New Cumberland, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point, that point being the northwest corner of the New Cumberland Borough Park, the Final Minor Subdivision Plan of the New Cumberland Senior Citizen Center, recorded in i Plan Book 73, Page 24, at the Recorder of Deeds Office in and for Cumberland County; thence South 26 degrees 19 minutes 35 seconds West, along lands now owned by the Borough of New Cumberland, a I distance of ninety-five and sixty-five one-hundredths (95:.65) feet to a point; thence South 61 degrees 34 minutes 48 seconds East, a distance of sixty-four and thirty-nine one-hundredths (64.39) feet to a point; thence South 22 degrees 57 minutes West, a 'distance of thirty-eight and thirty one-hundredths (38.30) feet to a point; thence North 68 degrees 31 minutes West, a distance of fifty-six and zero one-hundredths (56.00) feet to a point; thence South 21 degrees 29 minutes West, a distance of fifty and fifty one-hundredths (50.50) feet to a point; thence North 68 degrees 32 minutes 58 seconds West, a distance of foµr,and seventy one-hundredths (4.70) feet to the point-arie3 place of BEGINNING. CONTAINING 2,422.79 square feet. T Certi fl, Cris to be recor'Jec BRING Lot No. 2 of the Final Minor SubdiyAs,i cc '?,Rj ounty PA New Cumberland Senior Citizen Center, recorde i an Mok 73, • Page 24, at the Recorder of Deeds Office in and for. r'.--A County. BK 17 6 6 PG 3 2 6 8 Recorder of Dee s ., EXHIBIT B Phelan Hallinan & Schmieg, LLP ' Law we T. Phelan, Esq., Id, No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmie& Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Joni, 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 ATTORNEY FOR PLAINTIFF Chrisovslante P. Fliskos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Br rnblett, Esq., Id. No. 208375 -- Allison F. Wells, Esq., Id. No. 309519 r° n - =-n William E. Miller, Esq., Id. No. 308951. E i (yi Melissa J. Scheiner, Esq., Id. No. 308912 ? T' x- Q u 1617 JFK Boulevard, Suite 1400 r---t One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 259925 M PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION COURT OF COMMON PLEAS 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 CIVIL DIVISION V. Plaintiff TERM NO. 11- #W ?-M(Tem UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CHARMAINE GLEASON, DECEASED 503 FRONT STREET NEW CUMBERLAND, PA 17070-2030 DANA GLEASON, IN HIS CAPACITY AS HEIR OF CHARMAINE GLEASON, DECEASED 503 FRONT STREET NEW CUMBERLAND, PA 17070-2030 Defendants Fik N: 259925 CUMBERLAND COUNTY CML ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 0 411,2. IcRooajpa A' 0a.LOqo" 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 #: 259925 1. Plaintiff is PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CHARMAINE GLEASON, DECEASED 503 FRONT STREET NEW CUMBERLAND, PA 17070-2030 DANA GLEASON, IN HIS CAPACITY AS HEIR OF CHARMAINE GLEASON, DECEASED 503 FRONT STREET NEW CUMBERLAND, PA 17070-2030 who is/are the real owner(s) of the property hereinafter described. 3. On 07/26/2002 CHARMAINE GLEASON made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in tr Office of the Recorder of CUMBERLAND County, in Book No. 1766, Page 3252. 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. File #: 259925 5. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/20 10 and each month thereafter are due and unpaid, and by the 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. The following amounts are due on the mortgage as of 12/14/2010: Principal Balance $105,541.26 Interest $2,492.14 08/01/2010 through 12/14/2010 Late Charges $451.95 Mortgage Insurance Premium / $157.08 Private Mortgage Insurance TOTAL $108,642.43 7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 259925 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 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 or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. Mortgagor CHARMAINE GLEASON died on 07/11/2003 and, upon information and belief, her surviving heir(s) is DANA GLEASON. 10. Plaintiffs representative contacted the Register of Wills of CUMBERLAND COUNTY and was informed that no estate has been raised on behalf of the decedent mortgagor. 11. Plaintiff hereby releases CHARMAINE GLEASON, from liability for the debt secured the mortgage. 12. Plaintiff does not hold the named Defendant(s), DANA GLEASON, personally liable on this cause of action. This action is being brought to foreclose the interest of the said Defendant(s) in the aforesaid real estate only, and the Defendant(s) has/have been named in accordance with the requirements of Pa R.C.P. 1144(a)(2) and 20 Pa.C.S.A. § 301(b). File #: 259925 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $108,642.43, 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 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 ? 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 Weli am E. Miller, Esq., Id. No. 308951 ssa J. Scheiner, Esq., Id. No. 308912 Attorneys for Plaintiff File #: 259925 LEGAL DESCRIPTION ALL THOSE CERTAIN tracts or parcels of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, bounded and described as follows, to wit: Tract One: BEGINNING at a point on the westerly line of Front Street, which point is .05 miles south of the southwesterly corner of Front and Reno Streets, and at the southerly line of land now or formerly of Baron Bestccki; thence along the westerly line of Front Street aforesaid, South 28 degrees 28 minutes 16 seconds West, ninety-four and two tenths (94.20) feet to a point; thence North 68 degrees 32 minutes 58 seconds West, one hundred thirty-one and eight one-hundredths (13.08) feet to a point; thence North 21 degrees 29 minutes East, fifty and five tenths (50.50) feet to a point; thence South 68 degrees 31 minutes East, fifty-six (56.00) feet to a point; thence North 22 degrees 38 minutes East, thirty-eight and three tenths (38.30) feet to a point at the southerly line of lands now or late of Baron Bestecki aforesaid; thence along the same, South 71 degrees 43 minutes 03 seconds East, eighty-five and seven tenths (85.70) feet to a point, the place of BEGINNING. HAVING thereon erected a two-story aluminum siding dwelling house known and numbered as 503 Front Street, New Cumberland, Pennsylvania. File H: 259925 BEING the same premises which Andrew B. Snyder and Bonnie L. Snyder, his wife, by their deed dated March 4, 1994 and recorded March 9, 1994 in the Cumberland County Recorder of Deeds Office in Deed Book 102, Page 507, granted and conveyed unto Edward N. Baumbach, Jr. and Mary J. Baumbach, his wife, the Grantors herein. Tract Two: BEGINNING at a point, that point being the northwest corner of the New Cumberland Borough Park, the Final Minor Subdivision Plan of the New Cumberland Senior Citizen Center, recorded in Plan Book 73, Page 24, at the Recorder of Deeds Office in and for Cumberland county; thence South 26 degrees 19 minutes 35 seconds West, along lands now or formerly owned by the Borough of New Cumberland, a distance of ninety-five and sixty-five one-hundredths (95.65) feet to a point; thence South 61 degrees 34 minutes 48 seconds East, a distance of sixty-four and thirty-nine one-hundredths (64.39) feet to a point; thence south 22 degrees 57 minutes West, a distance of thirty-eight and thirty one-hundredths (38.30) feet to a point; thence North 68 degrees 31 minutes West, a distance of fifty-six and zero one-hundredths (56.00) feet to a point; thence South 21 degrees 29 minutes West, a distance of fifty and fifty one-hundredths (50.50) feet to a point; thence North 68 degrees 32 minutes 58 seconds West, a distance of four and seventy one- hundredths (4.70) feet to the point and place of BEGINNING. CONTAINING 2,422.79 square feet. File #: 259925 BEING Lot No. 2 of the Final Minor Subdivision Plan of the New Cumberland Senior Citizen Center, recorded in Plan Book 73, Page 24, at the Recorder of Deeds Office in and for Cumberland County. BEING the same premises which The Borough of New Cumberland by their deed dated December 24, 1996 and recorded December 24, 1996 in the Cumberland County Recorder of Deeds Office in Deed Book 151, Page 135, granted and conveyed unto Edward N. Baumbach, Jr. and Mary J. Baumbach, his wife, the Grantors herein. PROPERTY ADDRESS: 503 FRONT STREET, NEW CUMBERLAND, PA 17070-2030 PARCEL # 25-25-0006-407 File #: 259925 VERIFICATION L ereby states that he/she is ' of, 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 unswom falsification to authorities. DATE: File #: 259925 Name: GLEASON Servicer: PHH MORTGAGE CORPORATION File #: 239925 R 1.7 PHELAN HALLINAN & Sheetal R. Shah-Jani, Esq., 1617 JFK Boulevard, Suite One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE COA CENDANT MORTGAG] VS. UNKNOWN HEIRS, SUi ASSIGNS, AND ALL PE ASSOCIATIONS CLAD TITLE OR INTEREST I CHARMAINE GLEASO DANA GLEASON, IN Hl HEIR OF CHARMAINE DECEASED _HMIEG, LLP Q Attorney for Plaintiff 1. No.81760 OF TI O T H NOTARY ARY 2011 DEC 22 Anil=4) CWIBERL COtAgITY PEla15 YLVANI ORATION, FIKIA CORPORATION ;ONS, FIRMS, OR NG RIGHT, OM OR UNDER ,DECEASED CAPACITY AS : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 11-4908 FOR IN REM JUDGMENT FOR FAILURE TO TO THE PROTHONOTARY: Kindly enter judgm t in favor of the Plaintiff and against UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, T E OR INTEREST FROM OR UNDER CHARMAINE GLEASON, DECEASED d DANA GLEASON, IN HIS CAPACITY AS HEIR OF CHARMAINE GLEASON DECEASED, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 0 days from service thereof and for foreclosure and sale of the mortgaged premises, and ass:ss Plaintiffs damages as follows: As set forth in Complaint $108,642.43 TOTAL ; $108,642.43 I hereby certify that (l) the Defendants' last known addresses are 503 FRONT STREET, NEW CUMBERLAND, PA 7070-2030 and 385 LUCILLE AVE, LONG BEACH, CA 90814- 3026, and (2)'ha/t ;tice has ?een given in accordance with Rule Pa.R.C.P 37.1. Date ; _ Sheetal R. -Jani Esq al I Attorney for Plaintiff If -NJ DAMAGES ARE HEREBY SESSED AS INDICATED. DATE: PHS # 259925 ( PROTHONOTARY C it 4 we ty So 7 fAA W 259925 Department of the Treasury - Internal Revenue Service ftm 666 (y)(0 Notice of Federal Tax Uen (Rev. Febtuary 20041 Serial Number For, 16v by OI Area: SMALL HUSnMSS/'SELF EMPLOYED AREA #2 Uen Unit Phone: (800) 929-3903 738939911 '397 As protrided by secden 6321, 6322, aad 6n3 or dw rota ud Ramie 1 -7) are ar+e? 81vbi a nodhe that taxes 0110) htp Intern and 11104111011111111111111) Code --1 , haw bean assmW apbst the f011/WhlrnanMd taxpayer. We have made zcv rn a a daamd for payment of this bMty, bW It rfuWu unpaid. Therefore, = z -v Melia b a go b favw of the naked kaw on A property and dots to n o erty bekw&g to this taxpayer for dw aalwoat of these taxes, and ro r- p p sd?desiat paaaltias, huarest, aad costs that may actrae. ° 1 c . - Name of Taxpayer Mm R 8 .: w, .? N N Residence 503 FRONT ST NEW CUMHERLND, PA 17070-2030 IIHMN UNT RE RM iN10111 "T1616 For each assessment listed below, /g,? _ J uniess notice of the lien Is refiled"by the dots given In column (s), this notice shell, !A4X94 on the day following such date, operate as a certificate of release as defined a 538' in IRC 6325(a). Tax'e -kd Rate Of pf 1 Kind of Tax Endhs2 Idend yinp Namber Asseassi nt new" .. x?. 1040 12/31/2006 XXX-XX-9065 03/15/2010 04/14/2020 11165.24 1040 12/31/2007 XXX-XX-9065 11/17/2008 12/17/2018 6057.24 Place of Filing Prothonotary Cumberland County Total $ 17222.48 Carlisle, PA 17013 This notice was prepared and signed at DETROIT, MI the 05th day of January 2011 Signature for FRED ( -Certficats of officer authorized by law to Rev. Rut. 71-466, 1971 . 2 C.B. 409) AC (800) 829-3903 Iment is not essential to thi part 1 - Kest ev Rawdias Ofria , oh this, 22-00}0001 f Notice of Federal Tax Form 6611IM(c) (Rev nnr Mn a PHELAN HALLINAN & SCHMIEG, LLP BY: LAUREN R. TABAS, ESQUIRE Identification No. 93337 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 PHH Mortgage Corporation, f/k/a Cendant Mortgage Corporation Plaintiff V. Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest from or Under Charmaine Gleason, Deceased and Dana Gleason 503 Front Street New Cumberland, PA 17070-2030 Defendant Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 11-4908 CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Amend Complaint, Memorandum of Law, Order, and attached exhibits were served on the following parties by regular mail sent on the date indicated below: Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest from or Under Charmaine Gleason, Deceased and Dana Gleason 503 Front Street New Cumberland, PA 17070-2030 DATE: 7? ji L- BY: Dana Gleason 385 Lucille Avenue Long Beach, CA 90814-3026 Unite S toes Attorney's Office Mid a istrict of Pennsylvania 228 nut Street, P.O. Box 11754 sbura, PA 17108 ljAren R. Tabas, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH Mortgage Corporation, f/k/a Cendant Mortgage Corporation Plaintiff V. Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest from or Under Charmaine Gleason, Deceased and Dana Gleason 503 Front Street New Cumberland, PA 17070-2030 Defendant ORDER /? th AND NOW, this day of "1%)k y : Court of Common Pleas Civil Division Cumberland County : No. 11-4908 , 2012, upon consideration of Plaintiff's Motion to Amend Complaint of the mortgaged property, known as 503 Front Street, New Cumberland, PA 17070-2030, it is hereby ORDERED and DECREED that Plaintiff's Motion is granted; and ORDERED and DECREED that the caption will be amended to state the United States of America as a Defendant. ORDERED and DECREED that the Complaint is amended, nunc pro tunc, to include the following Tax Lien: United States vs. Dana R. Gleason; Cumberland Docket No. 11-397; Filed January 19, 2011; in the amount of $17,222.48 ORDERED and DECREED that Plaintiff shall serve a copy of the Complaint, Notice of Sale and this Order and Motion upon the United States of America, pursuant to PaRCP 400, et seq.; and ORDERED'and DECREED that the Office of the Prothonotary amend the caption and docket in accordance with this Order. BY THE COURT: C _. _ _ 1. ~` AFFIDAVIT OF SERVICE (MDB) PLAINTIFF CUMBERLAND COUNTY PHH MORTGAGE CORPORATION, F/K!A CENDANT MORTGAGE CORPORATION PHS # 259925 DEFENllANT F. 1t-~ rr.J '~i F ~~''° UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR COURT NO.: 11-49~$a '~ i ~` ~'t'~t~ ~ ~ { ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER 1_ ~~~~ ~+I~~Z CHARMAINE GLEASON, DECEASED ~U IL /i~U ~~ I DANA GLEASON, in his capacity as Heir of CHARMAINE GLEASON, Deceased U L ~ p/ ~O: ; STATES ATTORNEY FOR THE MIDDLE ISTRICT OFUP TED XX CIVOIL ACTION ~~~~R~ ANQ ~p;~N ~, 228 WALNUT STREET, STE 220 xx MORTGAGE FORE~1~~'' Y~VA NIA PO BOX 11754 HARRISBURG, PA 17108 SERVED ~ Served and made known to The United Sates of America, Defendant on the ~ day of s1' , 2012, at t `• ~{ ~ , o'clock ~. M., at ~-In,,~~~,r.~ , in the manner described below: _ Defendant personally served. _ Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in chazge 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 chazge of Defendant's off ce or usual place of business. _ an officer of said Defendant's company. l~ Other: _>~, i ~ ~~hvr <`z.rv~ ~ aCC~T `f' s~r~.`t: r, a f U• S . ~} h.~o~rle~ a o ~r'r.~. Q ~G NaQ ~ 1.©sc_ ti Description: Age WD - Height $ ~ Weight 1 by _ Race rv Sex F' Other I, ~<,e(t~lt l~cnn~ t~,l--~l , a competent adult, hereby verify that I personally handed a true and correct copy f the Answer and Assessment of Damages Notice of Federal Tax Lien and Certification of Service in the manner ~ s set forth herein, issued in the captioned case on the date and at the address indicated above. I understand tha this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswoln falsification to authorities. DATE: 11 I~- SIGNATURE: ~j . i --~• PRINTED NAME: lit n,n,,, C . t~)~er TITLE: ~s~~ NOT SERVED On the day of , 2012, 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 falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phe]an, 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 lay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., ]d. 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 1. Mazley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id No. 80193 lobo M. Kolesnik, Esq., Id. No. 308877 Dana Ostrovsky, Esq., Id. No. 83921 One Penn Cente,~ at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 t r _ _ _ __ Arrlt)AVrr ol~ s~ltvkt.°r: (MDtI) ~ ~_ I'I,ATNTtFT' CUMTIF:T2LAND CUl)N'1'Y ..Q~ rv „~• P}tI31~tOTt'.fGAGE C:ORPt)ItATION, TtIKlA CF..Nf).1N'I' I~'k~ ~ V rn--= l1iUR'I'GAf,I~, Cf)TtI'OTtATTC)N k'HS t1259~E5 ~~~ ~ ~ -~; t;,n N ~~ UN1iNUWN }tE1RS, :+llf::C'1!.SSURS, ASSTC7NS, AN.1) ALL CUU:[t'.F NO.: 1I-4ht1~3 ~~ ~~ ~ -r~ I'ERSUNS, FIRMS, C)R ASSC)CIATIO.NS CLAIMING RtGI•T'i', p' ~~ TITLE Olt IN'I'.I:RT:S'T FROM OR I.!l~fD1P:R CTtAt2hIAtNLt ~p ~ ~ i 3 GI~I~ASUN, DL~CT:A.SlaI) v ' y,.~ .. --3 , ~ Heir nfC.TIAR1 IATNF DANA GLEASON, in Izis eupacity us ~ ,~- C;.1,T~;ASUN, bci~lzsed ~ [j.) - SERVE TtiE UNtT'Gb ST.#TIS OF AMERICA C!O TI•I~E UNI'I'k:D 77'P.TL OT! ACTION S'I'A'I'E.',i' A7TORNF.Y FtaIi'I'I•Ir, MIU'DLE bISTRTC7' CII~ PA X)- CIVTT, ACTTON 9a0 PIiNNSYLVANTA AVF Ni1l?> N.W. XJ( MORTGAGE P'ORI:CI,C)S I3ttE ~VASIIINC;'I'C)N, U.C'. 20.x.+30 S~ + ) Set~red and made known so ';.-CV j_N_.~~ifU ST _!~C}:,S _Q~„Q,~:~ttC ~~'i~.~STA,~S AT~(1~tffEY.:.~f3R „~ ~ ~7,~..E'DTSTKTC::T' C)F_~ Defendant on the ~ ay of _-~~~ 20 i2, at 1 : , o'cioclc~. M., at ..._- ~~_ Irrz H-Fr<u~ ._.,.,,..,..._, in the zttastner describ©d below: __,_ Defetdant personally served. ___- Adult family member with whom Deteudant(s}aside{s). IZelationsbip is _ _ __ , __ Adult iu charge al' I)efet3dazt['s residence who retUsed to give name or relationship. _,_ Ahanager/C:li:rk of dace rtC Indging in which T.)efandant{s) reside(s). ~ Agent nr person in ahrirge o~f Defendant's office or usual place afbusi[tess. ~~p ~`' ~a~~'NU'>~ ~-~ ...__ ._.-...__..-----.__._ ~ offieex of said Defeudaut's company. _....__ ..._.. C)then ~.. _ -- ---- .............._.._.-.. _.__.~~.. l~~script.ion: Age _~`S t-Ieight~' W+3lght~_~ItaeeSex /~--gtlter,,,,,_....._. 1, ~tett_yrY~A*iV ~~., a contl3etent adult,llelcby verify that [personally handed a true and c:otrect copy of the .P ssessment of Damaseg in t?za ma[tner as set fottlt lze iudicatcd above, f ``~~~tlllll///~/ Un dte ' ay ~ • ~ 10_~u, ~a.t.~ :~ the lleCtili~itk was ecat 'f~ . Vacant _ _ ,~.. ^•.• No Mswer on ~ ,1^NI`'.r" `' T Service iCefusecl-' ~~~ /L~ ~N ~~ Other: ~'~i,~TAR`~`Q ~•~~• case or-.the date and at the address v _ . M., T;_,,,,_,,,,~,,,,.i4,w,,, a colnpetcx7t at1u1C, herelzy swte that ed _ Dees Not Keside (Not Vacant} Swort7 to and subscribed before zne this ,day __._ of .._ _.__.._.-.-_._....-..._> 201'L. Notary. 13y: AT7'ORtVF,t' F012 VLAliVTIFP i.,r,~ucn k Taha+, Gy , iJ. No 43377 One Anm Center at Suburban Statidi 16171uLn F. Kennedy Dh~l., Suite 1100 P+tilxdctphiq PA 14107•ISIA ('l l5) t6g_T000 Phelan Hallinan &Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard. Suite 1400 One Penn Center Plaza Philadelphia. PA 19103 21 ~-~(~ -7000 PHH MORTGAGE CORPORATION, F/K/A CENDANI~ MORTGAGE CORPORATION Plaintiff ~~~s. UNKNOWN HEIRS. SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOC[ATIONS CLAIMING RIGHT, TITLE OR No.: 11-4908 INTERLS ] l~ ROM OR UNDER CHARMAINE <~ "`~ GLEASON. DECI:ASFJD ..~~ :y DANA GLEASON, IN HIS CAPAC[TY AS HEIR ~°Jrn OF C[IARMAINE GLEASON, DECEASED ~~ ~ --~ -~~ ~ Defendants <~ v r-~ ~ ~ c~ PRAECIPE TO WITHDRAW MOTION TO REASSESS DAMAGE'S _r cr, TO THE PROTHONOTARY: ~;, _ri .a --, rr~ -= -'~ ~, `; ,~ , ~, ~w, --,~~ u -~ ~- >_, =~.: Plaintiff hereby withdraws its Motion to Reassess Damages, filed on September 28, 2012 in the above referenced action. DATE: ATTORNEY FOR PLAN"hIFF Court of Common Pleas Civil Division CUMBERLAND County Schmieg, LL,P Phe ,.---L _ , Allison-F: GIs;-: Id. No.309519 Attorney for Plaintiff 259925 Phelan Hallinan &Schmieg, LLP 161 ~ JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia.. PA 19103 215-563-7000 FAX#: 215-568-7616 Phelan Hallman &Schmieg, LLP October 26. 2012 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle. PA 17013 Representing lenders in Pennsylvania and ?~l~ew Jersey RE: PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORA~['ION vs. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERS(JNS. FIRMS, OR ASSOCIATIONS CLAIMING RIGHT. TITLE OR 1NTF,RES"I~ FROM OR iJNDER CHARMAINE GLEASON, DECEASED and DANA. GLEASON, IN HIS CAPACITY AS HEIR OF CHARMAINE GLEASON, DECEASED CUMBERLAND County CCP, No. 11-4908 Dear Sir or Madam: Enclosed for Tiling please find Plaintiff's Praecipe to Withdraw Motion to Reassess Damages and Certificate of Service relative to the above referenced case. Please return atime- stamped copy in the enclosed self-addressed stamped envelope. ~~-- Very truly yow•s, _.~ __ ~_ ~ _~ A~'lisonF. Wells, Esq., Id. No.309519 Attorney fo~° Plaintiff Enclosure cc: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, ,AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR tNDER CHARMAINE GLEASON, DECEASED 259925 DANA GLEASON, IN HIS CAPACITY AS HEIR OF C~[ARMAINE GLEASON, DECEASED 259925 Phelan Hallinan &Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 ,IFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff ~ s. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND .ALL PERSONS, FIRMS, OR ASSOC[ATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CHARMAINE GLEASON,DECEASED DANA GLEASON, IN HIS CAPACITY AS HEIR OP CIARMAINE GLEASON, DECEASED Defendants A"I'TORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-4908 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to Withdraw its Motion to Reassess Damages was served upon the following interested parties on the date indicated below. UNKNOWN HEIRS, SUCCESSORS. ASSIGNS. AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER CHARMAINE GLEASON, DECEASED DANA GLEASON. IN HIS CAPACITY AS HEIR OF CHARMAINE GLEASON, DECEASED 503 FRONT STREET NEW CUMBERLAND, PA 17070-203 DANA GLEASON, IN HIS CAPACI"hY AS HEIR OF CHARMAINE GLEASON. DECEASED 385 LUCILLE AVE LONG BEACH, CA 90814-3026 Phelan Hallinan &Schmieg, LLP 259925 DATE: (~ YZ By.: ~ _ "~' ~° Allison F. Wells, Esq., Id. No.30951 ~~ Attorney for Plaintiff 259925