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HomeMy WebLinkAbout11-7732 PHELAN HALLINAN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ATTORNEY FOR PLAINTIFF 277223 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 Plaintiff V. RODNEY E. LYONS 17 WAYNE ROAD CAMP HILL, PA 17011-6663 Defendant COURT OF COMMON PLEAS CIVIL DIVISION TERM ? NO. l 1-^! 7 sa cwk CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 277223 ? CD --Vl C-) O?7 --? C7` Tr ?• am+ a q& oo pd ath CLit 111 13) °I ?- 6? ac, s864P 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 Fite #: 277223 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: RODNEY E. LYONS 17 WAYNE ROAD CAMP HILL, PA 17011-6663 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/21/2003 RODNEY E. LYONS made, executed and delivered a mortgage upon the premises hereinafter described to PHH MORTGAGE SERVICES which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1803, Page 4696. By Assignment of Mortgage recorded 05/14/2003 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 697, Page 1044. Said mortgage was modified as set forth in the modification agreement dated 12/01/2005 and recorded 03/06/2006, in Mortgage Book No. 725, Page 1193. 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 4 : 277223 The mortgage is in default because monthly payments of principal and interest upon said 6 mortgage due 04/01/2011 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 08/01/2011: Principal Balance $87,340.15 Interest $2,319.95 03/01/2011 through 08/01/2011 Late Charges $74.16 Mortgage Insurance Premium / $68.06 Private Mortgage Insurance Subtotal $89,802.32 Escrow Credit 225.16 TOTAL $89,577.16 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 #: 277223 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. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $89,577.16, 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. _-- P HALLINSCHMIEG, LLP Attorney for Plaintiff ` File #: 277223 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the westerly line of Wayne Road, which point is 90.02 feet south of the southwesterly corner of Cumberland Drive and Wayne Road; thence along the westerly line of Wayne Road, South 26 degrees 26 minutes 30 seconds East, 60 feet to a point; thence South 63 degrees 33 minutes 30 seconds West, 120 feet to a point at the easterly line of land now or late of Allen Park Development Corp.; thence along same, North 26 degrees 26 minutes 30 seconds West, 60 feet to a point; thence North 63 degrees 33 minutes 30 seconds East, 120 feet to a point, the place of BEGINNING. BEING Lot No. 105 of the Plan of Lots, Tract No. 1 - Cumberland Park, said plan being recorded in Cumberland County Plan Book 4, Page 95, and being known and numbered as 17 Wayne Road. BEING the same premises which Harold William Dean, Jr. and Deborah A. Dean, husband and wife, by their Deed dated March 21, 2003 and to be recorded herewith, granted and conveyed unto Rodney E. Lyons, single man. PROPERTY ADDRESS: 17 WAYNE ROAD, CAMP HILL, PA 17011-6663 PARCEL # 13-24-0797-128 File #: 277223 VERIFICATION Lawrence Riggs , hereby states that he/she is A"hbnt VIM f, 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 unsworn falsification to authorities. By PHH Mortgage Corporation, Its authorized agent, Date: PHS #: 277223 Name: LYONS By wrence Riggs File #: 277223 FILED-OFFICE PHELAN HALLINAN & S' ,HMIEG, LLp -r THE PROTNONVA??torney for Plaintiff Sheetal R. Shah-Jani, Esq., I0. No.81760 2M ; z5 1617 JFK Boulevard, Suite 400 2011 DEC One Penn Center Plaza CUMBERLAND COUNTY Philadelphia, PA 19103 FERNSYLV011\ 215-563-7000 PHH MORTGAGE C F/K/A CENDANT M( CORPORATION VS. RODNEY E. LYONS PRAE CATION, CUMBERLAND COUNTY GE : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 11-7732-CIVIL FOR IN REM JUDGMENT FOR FAILURE TO TO THE PROTHONOTARY: Kindly enter judgme t in favor of the Plaintiff and against RODNEY E. LYONS, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure a d sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in TOTAL I hereby certify that I CAMP HILL, PA 17011-66, Pa.R.C.P 2 7.1. Date DAMAGES ARE H DATE: PHS # 277223 $89,577.16 $89,577.16 1) the Defendant's last known address is 17 WAYNE ROAD, 6, and (2) that notice has been given in accordance with Rule Sheetal R. S -Jani, Esquire a fti a) 0 °D o Attorney for P i f 386 ;09 ? a? ?4a2 rr ASSESSED AS INDICATED. PROTHONOTARY 277223 PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff Sheetal R. Shah-Jani, Esq., I . No.81760 1617 JFK Boulevard, Suite 400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 i PHH MORTGAGE CORPORATION, CUMBERLAND COUNTY F/K/A CENDANT MORTGAGE CORPORATION COURT OF COMMON PLEAS VS. CIVIL DIVISION RODNEY E. LYONS No. 11-7732-CIVIL AFF?DAVIT OF NON-MILITARY SERVICE The undersi ed attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit (a) that the d fendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or othe ise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that def dant RODNEY E. LYONS is over 18 years of age and resides at 17 WAYNE ROAD, CAMP HILL, PA 17011-6663. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date 21 She tal R. Shah-J ni, Es ire Attorney for Plai i 277223 (Rule of Civil Procedure No. 236) - Revised PHH MORTGAGE CORPORATION, CUMBERLAND COUNTY F/K/A CENDANT MORTGAGE CORPORATION COURT OF COMMON PLEAS ?I VS. CIVIL DIVISION RODNEY E. LYONS No. 11-7732-CIVIL I Notice is given that a Judgment in the above captioned matter has been entered against you on 1-4 q 4' Ll. By: •? If you have any 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 FIRM IS A DEB COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OB AINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY REC EIVED A DISCHARGE IN BANKR UPTCY, THIS IS NOT AND SHOULD NOT BE CONST RUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT A LIENAGAINST PROPERTY,** PHH MORTGAGE CORPO TION, F/K/A CENDANT MORTGAGE CO ORATION Plaintiff V. RODNEY E. LYONS Defendant(s) TO: RODNEY E. LYONS 17 WAYNE ROAD CAMP HILL, PA 1701 -6663 DATE OF NOTICE: COURT OF COMMON PLEAS CIVIL DIVISON NO. 11-7732-CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEB COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY ORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPOND NCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLL CT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFA T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALL OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO R TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AF. PROVIDE YOU WITH INFORM TO ELIGIBLE PERSONS AT A )RD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO TION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES EDUCED FEE OR NO FEE. PHS # 277223 Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION I Courthouse Sq are CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17 13 2 LIBERTY AVENUE (717) 240-619 CARLISLE, PA 17013 (717) 249-3166 By: ilham E. Miller, Esquire Attorney for Plaintiff Phelan Hallman & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 277223 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-7732 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 RODNEY E. LYONS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $89,577.16 L.L.: $.50 Interest from 12/23/2011 to Date of Sale ($14.73 per diem) --- $2,459.91 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $180.00 Other Costs: Plaintiff Paid: Date: 2/21/12 David D. Bu ll, Prothonotary (Seal) Deputy REQUESTING PARTY: Name: Allison F. Wells, Esquire Address: Phelan Hallinan & Schmieg, LLP 1617 JFK Blvd., Ste., 1400 Philadelphia, PA 19103-9897 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 309519 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE COURT OF COMMON PLEAS CORPORATION Plaintiff CIVIL DIVISION V. RODNEY E. LYONS Defendant(s) To the Prothonotary. Issue writ of execution in the above matter: Amount Due Interest from 12/23/2011 to Date of Sale ($14.73 per diem) TOTAL Note: Please attach description of property. PHS # 277223 ;Is. sV Pd Al-?y g3.0O cAF q;. 0.0 lH. oo ?? 5-D a- , oo ?d a '2 5 ale Cd C # //5-3633/t/s778 87, NO.: 11-7732-CIVIL CUMBERLAND COUNTY $89,577.16 c-) ? $2,459.91 C Zrn rv -n ""{ rn Z? " rr" vd -urn tor 592_ 03 A s c -n , c-? =O p r'n v --+ -< C+n w ?a Phelannaaih'ti mr& hmieg, LLP Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff Z ? O ? Boa p ' ? W 45 ? Q H A W U O? w '? rn H W L a r, O W O y ? ,... OU Q,. a-`av W ? ? ? o ?U PHELAN HALLINAN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff V. RODNEY E. LYONS Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-7732-CIVIL 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: (X) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) 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 authorities. Phelan Halli an & Seh-n ieg, LLP Allison F. Wells, Esq., Id. No.309519 I Attorney for Plaintiff t s ? C D r? G r:o _ IT MOD zm q rn rili= t fix' v C) 2p C) ?t? cn ion to PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff V. RODNEY E. LYONS Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-7732-CIVIL CUMBERLAND COUNTY PHS # 277223 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 i ?rmti n c?cerning the real property located at 17 WAYNE ROAD, CAMP HILL, PA 17011-6663. 3 ..o ?:a ...? 2 ? rn 1. Name and address of Owner(s) or reputed Owner(s): M Name Address (if address cannot be reasonably N M ascertained, please so indicate) x --gip a x = -n Z RODNEY E. LYONS 17 WAYNE ROAD p CAMP HILL, PA 17011-6663 r, t rz 2. Name and address of Defendant(s) in the judgment: -t Cn Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) LVNV FUNDING, LLC LVNV FUNDING, LLC LVNV FUNDING, LLC C/O DAVID APOTHAKER, ESQ. 200 MEETING STREET STE #206 CHARLESTON, SC 29401-3187 15 SOUTH MAIN STREET GREENVILLE, SC 29601 APOTHAKER & ASSOCIATES PC 520 FELLOWSHIP RD #C306 MT LAUREL, NJ 08054 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) CITIFINANCIAL, INC. CITIFINANCIAL, INC. 3401 HARTZDALE DRIVE SUITE 126 CAMP HILL, PA 17011 PO BOX 17170 BALTIMORE, MD 21203 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 17 WAYNE ROAD CAMP HILL, PA 17011-6663 DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE FEDERAL BUILDING, P.O. BOX 11754 U.S. ATTORNEY FOR THE MIDDLE 228 WALNUT STREET DISTRICT OF PA HARRISBURG, PA 17108 COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX; INHERITANCE TAX DIVISION 6TH FLOOR, STRAWBERRY SQ. DEPT 280601, HARRISBURG, PA 17128 DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT; ESTATE RECOVERY PROGRAM P.O. BOX 8486; WILLOW OAK BUILDING HARRISBURG, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made sine penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: Z4 By: Phelan Hallir6n & Attorney for ;1d. No.309519 PHH MORTGAGE CORPORATION, F/K/A CENDANT COURT OF COMMON PLEAS MORTGAGE CORPORATION CIVIL DIVISION Plaintiff NO.: 11-7732-CIS L H ; vs. o -a 3 +v z --4 rn ' '*i CUMBERLA1.,, ?*?OGM '?J° ? rn- -)6r- RODNEYE.LYONS r .- ? Defendant(s) ?r v r? "--° :OR ?C:) C'3 3 am --„ NOTICE OF SHERIFF'S SALE OF REAL PROPERTY y ? w TO: RODNEY E. LYONS 17 WAYNE ROAD CAMP HILL, PA 17011-6663 "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 17 WAYNE ROAD, CAMP HILL, PA 17011-6663 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 $89,577.16 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 tiling 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. J. 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. 11-7732-CIVIL PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION vs. RODNEV E. LYONS owner(s) of property situate in LOWER ALLEN TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 17 WAYNE ROAD, CAMP HILL, PA 17011-6663 Parcel No. 13-24-0797-128 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $89,577.16 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, P.A. 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the westerly line of Wayne Road, which point is 90.02 feet south of the southwesterly corner of Cumberland Drive and Wayne Road; thence along the westerly line of Wayne Road, South 26 degrees 26 minutes 30 seconds East, 60 feet to a point; thence South 63 degrees 33 minutes 30 seconds West, 120 feet to a point at the easterly line of land now or late of Allen Park Development Corp.; thence along same, North 26 degrees 26 minutes 30 seconds West, 60 feet to a point; thence North 63 degrees 33 minutes 30 seconds East, 120 feet to a point, the place of BEGINNING. BEING Lot No. 105 of the Plan of Lots, Tract No. 1 - Cumberland Park, said plan being recorded in Cumberland County Plan Book 4, Page 95, and being known and numbered as 17 Wayne Road. TITLE TO SAID PREMISES IS VESTED IN Rodney E. Lyons, single man, by Deed from Harold William Dean, Jr. and Deborah A. Dean, h/w, dated 03/21/2003, recorded 04/03/2003 in Book 256, Page 1854. PREMISES BEING: 17 WAYNE ROAD, CAMP HILL, PA 17011-6663 PARCEL NO. 13-24-0797-128 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY PHH MORTGAGE CORPORATION, F/K/A CENDANT 7 i ON 0 TAiV1 MORTGAGE CORPORATION PHS # 277223 0TH DEFENDANT SERVICE TEAM/ lxh is P «' 0 0 RODNEY E. LYONS COURT NO.: 11-7732-CIVIL $ [] sp) ?J (? (? (? 1 11 ?{{.JEI6 ILA D COUNT,'id SERVE RODNEY E. LYONS AT: TYPE OF ACTION PENNSYLVANIA 17 WAYNE ROAD XX Notice of Sheriffs Sale CAMP HILL, PA 17011-6663 SALE DATE: June 6, 2012 SERVED Served and made known to RODNEY E. LYONS, efendant on the %Pday of R&WAN , 20 On at :OS, o'clock -P M., at 1? WMyNE D, ?Anfl Wt(.L I in the manner described below: ? Defendant personally served. - Adult family member with whom Defendant(s) reside(s). Relationship is - Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. - an officer of said Defendant's company. Other: Description: Age 5_6' Height T Weight (7 5 Race W Sex M Other a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to enalties of 18 Pa. C.?. Sec. 4904 relating to unsworn falsification to authorities. DATE: NAME: _ K 4-i _W PRINTED NAME: R6 (,n ?- L TITLE: -P4 Ce-- SS 5e" Q; 2- NOT SERVED On the day of , 20_, at o'clock _. M., Defendant NOT FOUND because: - Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) - No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. 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 R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq., Id. No. 308877 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff V. RODNEY E. LYONS Defendant RULE Court of Common Pleas Civil Division CUMBERLAND County No.: 11-7732-CIVIL AND NOW, this day of )L ZA-/- 2012, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT JB R s 277223 Melissa J. Cantwell, Esq., Id. No.308912 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 RODNEY E. LYONS 17 WAYNE ROAD CAMP HILL, PA 17011-6663 I (? r-; -eld 3 ) a Sl?// roll, 277223 277223 2012 APR -5 A 0a: 48 ='11''1BERLAND COUNT'';" IP-EN SYL VANIA Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff vs. RODNEY E. LYONS Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 11-7732-CIVIL CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's March 28, 2012 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. RODNEY E. LYONS 17 WAYNE ROAD CAMP HILL, PA 17011-6663 DATE: C 01 celan H inan & Sc g, LLP By: Melissa J. Cantwell, Esquire Attorney for Plaintiff 277223 r PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, Plaintiff V. RODNEY E. LYONS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 11-7732 CIVIL TERM IN RE: MOTION TO MAKE RULE ABSOLUTE ORDER OF COURT AND NOW, this 24`h day of April, 2012, upon consideration of Plaintiff s Motion To Make Rule Absolute, and no answer to the Rule To Show Cause issued on March 27, 2012, having been filed, it is hereby ORDERED and DECREED that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff's Motion To Reassess Damages in the above captioned matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $87,340.15 Interest through June 6, 2012 $7,043.59 Per Diem $15.21 Late Charges $74.16 C= ?. Cost of Suit and Title $789.50 M ' Appraisal/Brokers Price Opinion $250.00 -? Escrow to be paid prior to June 6, 2012 $866.11 --.._ C5 T --tom. Escrow Deficit 984.05 CD-r TOTAL $97,347.56 = rv =`' BY THE COURT, Christylee f- Peck, J. ,/ Alison F. Wells, Esq. 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Attorney for Plaintiff Rodney E. Lyons 17 Wayne Road Camp Hill, PA 17011-6663 Defendant, pro Se :rc ?CP" eS l14u : ied ?? sli a ??L L V is }; I r PHELAN HALLINAN & SCHMIEG, LLP e Attorney for Plaintiff Melissa J. Cantwell, Esq., Id. No.308912 t € 1 F 6 A-6`I ((): 1617 JFK Boulevard, Suite 1400 f"° l `'IEER AkND COUNTY One Penn Center Plaza r N S Y LVA INI A Philadelphia, PA 19103 215-563-7000 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. RODNEY E. LYONS Defendant(s) CIVIL DIVISION No.: 11-7732-CIVIL 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) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is att shed her o Exhibit elissa J. Cantwell, Esquire S Attorney for Plaintiff Date: IMPORTANT N TICE: 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 # 277223 o. 8 w'_ C17 < Z d 3 ^? O N o O ? 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U' ?Z ?.> {??z y -? r" yz c'CyO a,? o t? --3 !Z? c m4 ? ?m m 9 , ?o z??? , ,3 zt7 z ?z ?a N ? r n V ` N n " zd k cn > C ?" ` r ro?0.?2 Y<? y Or oil iOl?a o Z m .? Q `q ?yC?7JO rr1 C? ?+ x ; ?0 w txJ Q ryr ?ZO 'C r p?On N r'i A .N+ Z O d Z O 2 i VJ V ?"s1 00 ' N NC17Cn ? r'?f v, ?v?i nn, C1 ? W < _ %I b -? e r? ?y CA o? are m O oil W y ay? d ?n ?CC) n 7 ?zi v y ?C 00 -4 o + a a, 3 0 ? b a ? to m° n 10 ? a a N w ? ro n ? n J N [s - ' 7 7 c ?' o 5. ?. AV ry Ci c r ? ?gl =: 3 T y t .d ? ig N 7N ; ? a r (D ? R a w ?a3 ((D N 1 9 0 O S uCD -n y C O v ? W C tc Uo or o b SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson I ='I r f ? Y Sheriff Jody S Smith 12 ?; t ?, Chief Deputy ` ?" ' Richard W Stewart r,*UMFERLAN0 C;u 7 Solicitor PENN j Y U,°A A IA PHH Mortgage Corporation Case Numbe? vs. Rodney E. Lyons 2011-7732 SHERIFF'S RETURN OF SERVICE 03/28/2012 04:17 PM - Deputy Ryan Burgett, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 17 Wayne Road, Lower Allen Township, Camp Hill, PA 17011, Cumberland County. 03/28/2012 04:17 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same imE personally handing a true copy to a person representing themselves to be the Defendant, to wit: Rod ey E. Lyons at 17 Wayne Road, Lower Allen Township, Camp Hill, PA 17011, Cumberland County. 03/29/2012 Affidavit of Service onRodney E. Lyons filed in the Sheriffs Office 04/26/2012 Order to reassess damages, $ 97,347.56 06/06/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania on June 06, 2012 at 10:00 AM. He sold the same for the sum of $1.00 to Attorney Francis Hallinan, on behalf of PHH Mortgage Corporation, F/K/A Cendant Mortgage Corporation, being the buyer in this execution, paid to the Sheri the sum of $ SHERIFF COST: $781.24 SO ANSWERS, July 12, 2012 RON R ANDERSON, SHERIFF dlv4 S 2e,? PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff V. RODNEY E. LYONS Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-7732-CIVIL CUMBERLAND COUNTY PHS # 277223 I AFFIDAVIT PURSUANT TO RULE 3129.1 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, Plaintiff in the a ove action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following informati concerning the real property located at 17 WAYNE ROAD, CAMP HILL, PA 17011-6663. 2. 3 4 5 Name and address of Owner(s) or reputed Owner(s): Name RODNEY E. LYONS Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 17 WAYNE ROAD CAMP HILL, PA 17011-6663 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to Pe sold: Name Address (if address cannot be reasonably ascertained, please indicate) LVNV FUNDING, LLC LVNV FUNDING, LLC LVNV FUNDING, LLC C/O DAVID APOTHAKER, ESQ. 200 MEETING STREET STE #206 CHARLESTON, SC 29401-3187 15 SOUTH MAIN STREET GREENVILLE, SC 29601 APOTHAKER & ASSOCIATES PC 520 FELLOWSHIP RD #C306 MT LAUREL, NJ 08054 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) CITIFINANCIAL, INC. CITIFINANCIAL, INC. 3401 HARTZDALE DRIVE SUITE 126 CAMP HILL, PA 17011 PO BOX 17170 BALTIMORE, MD 21203 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be T None. TENANT/OCCUPANT 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 propert? which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX; INHERITANCE TAX DIVISION DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT; ESTATE RECOVERY PROGRAM reasonably ascertained, please indicate) 17 WAYNE ROAD CAMP HILL, PA 17011-6663 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 FEDERAL BUILDING, P.O. BOX 11754 228 WALNUT STREET HARRISBURG, PA 17108 6TH FLOOR, STRAWBERRY SQ. DEPT 280601, HARRISBURG, PA 17128 P.O. BOX 8486; WILLOW OAK BUILDING HARRISBURG, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my knowledge or information and belief. I understand that false statements herein are made sub of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. t? Date:-. Zj By: Attorney for Id. No.309519 penalties PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff VS. RODNEY E. LYONS Defendant(s) : COURT OF COMMON' PLEAS CIVIL DIVISION : NO.: 11-7732-CIVIL : CUMBERLAND CO NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: RODNEY E. LYONS 17 WAYNE ROAD CAMP HILL, PA 17011-6663 * *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 BAN UPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 17 WAYNE ROAD, CAMP HILL, PA 17011-6663 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 $89,577.16 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. ule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, cost 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 if the judgment was improperly entered. You may also ask the Court to postpone the sale for good c 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 RIG ITS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find put 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 progerty. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To findlout 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 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 distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection office. This schedule will state who will be receiving that money. The money will be paid out in acc with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with t 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 after the sale. Sheriff of rys after 1 his Sheriff 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 LOW 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. 11-7732-CIVIL PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION vs. RODNEY E. LYONS owner(s) of property situate in LOWER ALLEN TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 17 WAYNE ROAD, CAMP HILL, PA 17011-6663 Parcel No. 13-24-0797-128 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $89,577.16 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the westerly line of Wayne Road, which point is 90.02 feet south of the southwesterly corner of Cumberland Drive and Wayne Road; thence along the westerly line of Wayne Rc South 26 degrees 26 minutes 30 seconds East, 60 feet to a point; thence South 63 degrees 33 minutes 30 seconds West, 120 feet to a point at the easterly line of land now or late of Allen Park Development Corp. thence along same, North 26 degrees 26 minutes 30 seconds West, 60 feet to a point; thence North 63 deg 33 minutes 30 seconds East, 120 feet to a point, the place of BEGINNING. BEING Lot No. 105 of the Plan of Lots, Tract No. 1 - Cumberland Park, said plan being recorded in Cumberland County Plan Book 4, Page 95, and being known and numbered as 17 Wayne Road. TITLE TO SAID PREMISES IS VESTED IN Rodney E. Lyons, single man, by Deed from Harold William Dean, Jr. and Deborah A. Dean, h/w, dated 03/21/2003, recorded 04/03/2003 in Book 256, 1854. PREMISES BEING: 17 WAYNE ROAD, CAMP IULL, PA 17011-6663 PARCEL NO. 13-24-0797-128 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 11-7732 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION, FWA CENDANT MORTGAGE CORPORATION Plaintiff (s) From RODNEY E. LYONS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $89,577.16 L.L.: $.50 Interest from 12/23/2011 to Date of Sale ($14.73 per diem) --- $2,459.91 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $180.00 Other Costs: Plaintiff Paid: Date: 2/21/12 ^ David D. Bu 1, Prothonot4u (Seal) ?gy'---+???' ?- Deputy REQUESTING PARTY: Name: Allison F. Wells, Esquire Address: Phelan Hallinan & Schmieg, LLP 1617 JFK Blvd., Ste., 1400 Philadelphia, PA 19103-9897 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 309519 TRUE COPY FROM RECOR In Testimony whereof, and the t here unto set my sea of said Cou?, Pa This/? day of riat . 20_ Proms hand 2 On February 22, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA, known and numbered 17 Wayne Road, Camp Hill, PA 17011 more fully described on Exhibit"A" filed with this writ and by this reference incorporated herein. Date: February 22, 2012 By: For Claudia Brewbaker, Real Estate Coordinator Writ No. 2011-7732 Civil Term PHH Mortgage Corporation, f/k/a Cendant Mortgage Corporation vs. Rodney E. Lyons Atty.: Allison F. Wells By virtue of a Writ of Execution NO. 11-7732-CIVIL, PHH MORT- GAGE CORPORATION, f/k/a CEN- DANT MORTGAGE CORPORATION vs. RODNEY E. LYONS owner(s) of property situate in LOWER ALLEN TOWNSHIP, Cumberland County, Pennsylvania, being 17 WAYNE ROAD, CAMP HILL, PA 17011-6663. Parcel No. 13-24-0797-128. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $89,577- .16. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County ani State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland La` Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesz was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularl, issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, 27, May 4, and May 11, 2012 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subjec 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. Lis Marie Coyne, Edit 4r SWORN TO AND SUBSCRIBED before me this Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND f SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which PHH Mortgage Corporation F/K/A Cendant Mortgage Corporation is ?he g rantee the same having been sold to said grantee on the 6 day of June A.D., 2012, under and by v?rtue - of a writ Execution issued on the 21 day of February, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2011 Number 7732, at the suit of PHH Cendant Mortgage Corporation against Rodney E. Lyons is duly recorded as Instrument Number 201221273. IN TESTIMONY WHEREOF, I have hereunto set my hand ands 1 of said office this d?y of A.D. o? l r of Deeds Recorder dE* r t Fffd Fart Co r tX Cab, PA My Comm's jojVExpires the Mondry of J#n. 2014 I rtr r- dif IVI-rvCw, %-,%P 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE JaIrlIV11T "???L1li N o,w yr o u k ri iD, r§ i CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin; sE Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organi;,ed and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Techrology Pkwy, Suite 300, in he Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher cf The Patriot-News and TI -e Suncla? Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, n the City, County aid State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1554, and September 18tl , , 949, respectively, and all have been continuously published ever since, That the printed notice or publication which is securely attached hereto is exactly as printed and published in their negulal daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all (,f the allegations of this statement 3 to the time, place and character of publication are true, and That she has personal knowledge of the facts aforesaid and is duly authorized and e r powered to verify this stateTiel behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously ) 3ssed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deed:, in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. ,PURI irA--, -- This ad ran on the date(s) shown below: 2011.7732 CWII Term jl PHH Mortgege carp'"n' G4/27/12 bendwilit 1 a" Corporbtlon 05/04/12 Mort vs ' Rodney E. Lyons 1 /12 05/1 AtW. AOlson F. Wells cution NO. E xe Writ of virtue of a B ?... :.. ....... .. . y 11-7732-CIVIL AGE CORF AGE PHH MORTG FVACENDANTMORIGAGE Sworn to and subscribes? re me this 22%day of Nay, 2012 A. D. CORPORATION - VS. RODNEY E. LYONS owner(s) of property situate in LOWER ALLEN TOWNSHIP, Cumberland - Notary Public unil Pennsylvania being Municipality) 17 WAYNE ROAD, CAMP HILL, PA ' 170116663 COMMONWEALTH OF PI NNSYLVANIA Parcel No. 13-24-0797-128 1 l Notarial Seal (Acreage or street address) Sherrie L. Owens, No ay public ? Improvements thereon: RESIDENTIAL DWELLING Lower Paxtor Twp., Dau )INn County i My Commissicn Expires n ov. 26, 2015 IUDGMENT AMOUNT-. $89,577.16 MEMBER, PENNSYLVANIA ASSOCL T[ON OF NOTARIES