Loading...
HomeMy WebLinkAbout11-8154PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 280287 PHH MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 Plaintiff V. AARON S. TRIMMER REGINA M. TRIMMER 15 CHURCH ROAD A/K/A, 15 WEST CHURCH ROAD MECHANICSBURG, PA 17055-3104 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 11- $154 0,ivil-Ferm CUMBERLAND COUNTY 6 CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 280287 ? r? Fn c r,a ?? r _` , • s <-? Q 44a-00 PA A-m/ c?lla?8? 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 #: 280287 Plaintiff is PHH MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: AARON S. TRIMMER REGINA M. TRIMMER 15 CHURCH ROAD A/K/A, 15 WEST CHURCH ROAD MECHANICSBURG, PA 17055-3104 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 08/21/2008 AARON S. TRIMMER and REGINA M. TRIMMER made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR PHH HOME LOANS, LLC., D/B/A ERA HOME LOANS which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200829168. The PLAINTIFF is now the mortgagee and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 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. File H: 280287 6. The following amounts are due on the mortgage as of 09/01/2011: Principal Balance $108,131.17 Interest $3,771.06 03/01/2011 through 09/01/2011 Late Charges $176.94 Property Inspections $56.25 Mortgage Insurance Premium / $88.27 Private Mortgage Insurance Escrow Deficit $760.74 TOTAL $112,984.43 7 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974 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. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $112,984.43, 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 HALUNAN & SC G, LLP By: Attorney for Plaintiff Melissa J. Cantwell, Esq. ID 308912 File k 280287 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Township of Silver Spring, County of Cumberland, and State of Pennsylvania, being more particularly bounded and described in accordance with a Drawing of Survey for Candace R. Cain prepared by Davis Land Surveying on August 1, 2008, Drawing No. 1-8/08 as follows, to wit: BEGINNING at a point located on the southern line of Church Road (25 feet wide) at lands now or formerly of Taryn M. Yohn; Thence along the southern line of Church Road South 82 degrees 27 minutes 18 seconds East a distance of 39.12 feet to a point located 436.71 feet from Trindle Road at lands now or formerly of Karen D. Green; thence along lands now or formerly of Karen D. Green South 09 degrees 00 minutes East a distance of 44.75 feet to a point and lands now or formerly of Diane M. Hoy; thence along lands now or formerly of Diane M. Hoy South 81 degrees 00 minutes West a distance of 37.50 feet to a point located 78 feet from the Trindle Road at lands now or formerly of Taryn M. Yohn; thence along said lands now or formerly of Taryn M. Yohn North 09 degrees 00 minutes West a distance of 55.89 feet to the point and place of BEGINNING. CONTAINING 1,887.00 square feet or 0.0433 acres. SUBJECT, HOWEVER, to the restrictions and conditions contained in Record Book C, Volume 11, Page 273, so far as said restrictions and conditions pertain to this lot of ground. File #: 280287 TOGETHER with the water line right-of-way over lands now or formerly of Jesse S. Eckert and Ruth Eckert, his wife, described in Record Book B, Volume 15, Page 366. UNDER AND SUBJECT to covenants, conditions, reservations, restrictions, easements, and right of ways of record. PROPERTY ADDRESS: 15 CHURCH ROAD A/K/A, 15 WEST CHURCH ROAD, MECHANICSBURG, PA 17055-3104 PARCEL # 38-23-0569-020 File 4: 280287 VERIFICATION hereby states that he/she is of, PHH MORTGAGE CORPORATION, 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 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. By PHH Mortgage Corporation, Its authorized agent, Date: PHS #: 280287 Name: TRIMMER By File #: 280287 N ? #`'1{..r D-0FF ICL PRAECIPE FOR LISTING CASE FOR ARGUMENT Of THE PROTHON©TAR (Must be typewritten and submitted in duplicate) 1012 JUN 2$ PM I; 1 TO THE PROTHONOTARY OF CUMBERLAND COUNTY: C C "TY WASO YLVANIA Please list the within matter for the next Argument Court. --------------------------------------------------------------------------------------.------------------------------- CAPTION OF CASE (entire caption must be stated in full) PHH MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff V. CIVIL DIVISION AARON S. TRIMMER REGINA M. TRIMMER TERM NO. 2011-8154 Defendants 2. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's Preliminary Objections to Defendant Regina S. Trimmer's Counterclaim and New Matter Identify counsel who will argue case: (a) for plaintiff: Joseph P. Schalk, Esquire Address: 126 Locust Street Harrisburg, PA 17101 (b) for defendant: Marcus McKnight, III, Esquire Address: 60 West Pomfret Street Carlisle, PA 17013 3 4 I will notify all parties in writing within two days that this case has been listed for argument. Argument Court Date: September 7, 2012 Date: June 26, 2012 P 4MD Jose rhtSchalk, Esquire (PA 91656) Att y for Plaintiff - ?,?a77?1s PHELAN HALLINAN & SCHMIEG, LLP BY: JOSEPH P. SCHALK, ESQUIRE Identification No.: 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 x 7365 PHH MORTGAGE CORPORATION Plaintiff V. AARON S. TRIMMER REGINA M. TRIMMER Defendants Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 2011-8154 CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff's Brief in Support of Preliminary Objections to Defendant Regina Trimmer's New Matter and Counterclaim and Argument Praecipe were sent via regular mail to the persons listed below on the date indicated: Aaron S. Trimmer 15 Church Road Mechanicsburg, PA 17055-3104 Marcus McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 Date: C4 2 ?? eAd,-tb h P chalk, Esquire J (s' tto ey for Plaintiff 'iL ED-OFFICE OF THE PROTHONOTA 2013 JUN -7 AN 60: 3/ CUMBERLAND COUNTY PENNSYLVANIA PHELAN HALLINAN, By: JOSEPH P. SCHALKLLP, ESQUIRE Identification No. 91656 126 Locust Street Harrisburg, PA 17101 Attorney for Plaintiff (215) 563-7000 PHH Mortgage Corporation 2001 Bishops Gate Blvd COURT OF COMMON PLEAS Mount Laurel,NJ 08054 Plaintiff CIVIL DIVISSION v. NO. 11- 815y et;11 Aaron S. Trimmer Regina M. Trimmer CUMBERLAND COUNTY 15 Church Road a/k/a, 15 West Church Road Mechanicsburg, PA 17055-3104 Defendants PRAECIPE FOR IN REM JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against, Defendant(s) REGINA M. TRIMMER pursuant to the attached Consent Judgment, and foreclosure and sale of the mortgaged premises, kindly assess Plaintiff's damages against REGINA M. TRIMMER as follows: As set forth in Complaint& order of court $125,251.86 TOTAL $125,2 1.86 Date: 61 id)/3 j. I vamp os=;p ,ty . Scha , Esquire Attfirn-y for Plaintiff • 80287 9q ) 5 (Rule of Civil Procedure No. 236) - Revised PHH Mortgage Corporation 2001 Bishops Gate Blvd COURT OF COMMON PLEAS Mount Laurel,NJ 08054 Plaintiff CIVIL DIVISION v. NO. Aaron S. Trimmer Regina M. Trimmer CUMBERLAND COUNTY 15 Church Road a/k/a, 15 West Church Road Mechanicsburg, PA 17055-3104 Defendants Notice is given that a Judgment in the above captioned matter has been entered against you on 6111,5 . B ' Q' Y If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Joseph P. Schalk, Esquire Attorney for Plaintiff • 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIEN AGAINST PROPERTY.** 280287 Irromimml • PHELAN HALLINAN,LLP By: JOSEPH P. SCHALK, ESQUIRE Identification No 91656 126 Locust Street Harrisburg, PA 17101 Attorney for Plaintiff (215) 563-7000 PHH Mortgage Corporation 2001 Bishops Gate Blvd COURT OF COMMON PLEAS Mount Laurel,NJ 08054 Plaintiff CIVIL DIVISION v. NO. Aaron S. Trimmer Regina M. Trimmer CUMBERLAND COUNTY 15 Church Road a/k/a, 15 West Church Road Mechanicsburg,PA 17055-3104 Defendants AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts,to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant REGINA M. TRIMMER is over 18 years of age and last known addresses are 15 CHURCH ROAD A/K/A, 15 WEST CHURCH ROAD, MECHANICSBURG, PA 17055-3104 and 250 BERNHEISEL BRIDGE RD, CARLISLE, PA 17015-9092. 280287 This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. i Date CO e.( (3 1 os: .h . Schalk, Esquire � q Attr ey for Plaintiff • PH CLAN HALLINAN, LLP 161 JFK Boulevard, Suite 1400 ne Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 • • 280287 4 R PHELAN HALLINAN,LLP By: JOSEPH P. SCHALK,ESQUIRE Identification Ne. 91656 126 Locust Street - Harrisburg, PA 17101 Attorney for Plaintiff (215) 563-7000 PHH Mortgage Corporation 2001 Bishops Gate Blvd COURT OF COMMON PLEAS Mount Laurel,NJ 08054 Plaintiff CIVIL DIVISION v. NO. Aaron S. Trimmer Regina M.Trimmer CUMBERLAND COUNTY 15 Church Road a/k/a, 15 West Church Road Mechanicsburg,PA 17055-3104 Defendants CONSENT JUDGMENT AND NOW, This day of , 2013 it is hereby agreed by and between, PHH Mortgage Inc. (hereinafter "Plaintiff'), by and through its counsel, Joseph P. Schalk, Esquire and Regina M. Trimmer(hereinafter "Defendant"),by and through her counsel, Marcus A. McKnight, III, Esquire, as follows: WHEREAS, Plaintiff is the holder of the Mortgage on the property located at 15 Church Road a/k/a 15 West Church Road,Mechanicsburg,PA 17055-3104(hereinafter the "Property"); WHEREAS, Defendant is the owner and mortgagor of the Property; 280287 • WHEREAS, the Mortgage on the property is in default because monthly payments on the Mortgage due April 1, 2011 and each month thereafter are due and unpaid; WHEREAS, by the terms of the Mortgage, upon default in such payments for a period of one month,the entire principal balance and all interest due thereon are due forthwith; WHEREAS, the parties to this Consent Judgment are desirous of resolving the issues raised in the Complaint and therefore, Plaintiff and Defendant agree as follows: 1. An in rem judgment is entered in favor of Plaintiff and against Defendant in the sum of$125,251.86 plus interest from December 1, 2012 and other costs and charges collectible under the Mortgage, for foreclosure and sale of the Property. 2. Plaintiff may immediately file the instant Consent Judgment with the Court. 3. In the event that, prior to a Sheriffs Sale, it is determined that Plaintiff has expended sums with regard to the Mortgaged Property, including but not limited to real estate taxes and insurance, then Defendant will stipulate with Plaintiff to the reassessment of damages in order to increase or decrease the judgment to reflect the expenditure made by Plaintiff. 4. Defendant will peacefully vacate the Mortgaged Property by the date of the Sheriffs Sale. 5. Defendant Regina M. Trimmer's Answer with New Matter and Counterclaim filed November 15, 2011 is dismissed with prejudice. 6. In exchange for Defendant's agreement to the entry of an in rem judgment, Plaintiff agrees to not pursue Defendant for any deficiency after the Sheriffs Sale of the Mortgaged Property, including an in personam deficiency action under the mortgage or note. 7. Defendant hereby releases and forever discharges Plaintiff, its successors and assigns, predecessors, servicers, agents, employees, officers, directors, representatives, and 280287 attorneys from any and all claims, demands, damages, or liabilities whether now known or unknown arising out of or in any way connected to Plaintiffs servicing of Defendant's loan and the within foreclosure action. 8. The foregoing represents the entire agreement of the parties and no modification, amendment or extension hereof shall be valid, unless in writing and signed by all signatories to this agreement. 9. The attorneys executing this Consent Judgment have done so only after having discussed the terms with their respective clients and having obtained their consent to be bound by the terms of this Consent Judgment. 10. This Consent Judgment may be executed in counterpart. 11. Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. DATE: .L , • ��,_ •:sep V. Schalk, Esquire • orney for Plaintiff DATE: Ae,f.....0 -26 zo I 3 s . ♦cKnight, III., Esquir Attorney for Defendant Regina M. Tr er 280287 Li.k • • Pi-<0 1HUNOT .,, Phelan Hallinan, LLP 1 71 �O T/ 2413 N7 John D. Krohn, Esq., Id. No.3122O _ , ATTORNFjFftft'P I 1617 JFK Boulevard, Suite 1400 Br- �,U`fi� EZL �)D CflU�dT �E LAND One Penn Center Plaza PENNSYLVANIA_VANIA '-:UMt UN T$`' Philadelphia, PA 19103 PENNSYLVAN john.krohn@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION • Court of Common Pleas Plaintiff • • Civil Division v. • • CUMBERLAND County AARON S. TRIMMER • REGINA M. TRIMMER • No.: 11-8154 CIVILTERM Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on October 27, 2011. 2. Judgment was entered against AARON S. TRIMMER on January 14, 2013. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 2. Plaintiff and Defendant REGINA M. TRIMMER agreed to a Consent Judgment on April 26, 2013. Damages were assessed on June 7, 2013 in the amount of$125,251.86. A true and correct copy of the Consent Judgment and Plaintiff's Assessment of Damages is attached hereto, made part hereof, and marked as Exhibit `B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1),a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item 774119 which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 5. Additional sums have been incurred or expended on Defendants'behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $108,131.17 Interest Through December 1, 2013 $20,740.83 Late Charges $176.94 Legal fees $3,800.00 Cost of Suit and Title $534.75 Property Inspections $56.25 Mortgage Insurance Premium to be paid $127.89 Escrow Deficit $6,372.83 TOTAL $139,940.66 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9),Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 29, 2013and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit"C". 10. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin A. Hess entered an order Sustaining Preliminary Objections dated September 10, 2012. 774119 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: f1/1//3 By: John D. ohn, Esquire ATTORNEY FOR PLAINTIFF 774119 Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION : Court of Common Pleas • Plaintiff • Civil Division v. • CUMBERLAND County • AARON S. TRIMMER REGINA M. TRIMMER • No.: 11-8154 CIVILTERM • Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE AARON S. TRIMMER executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 15 CHURCH ROAD A/K/A, 15 WEST CHURCH ROAD, MECHANICSBURG, PA 17055- 3104. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 774119 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa.Nat. Bank,445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545,2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 774119 Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich,the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case,the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action,the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 774119 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly,the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 774119 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiffs recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 774119 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 774119 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. 774119 Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP DATE: I I iir ii3 By: John D. ohn, Esquire Attorney for Plaintiff 774119 , . Exhibit "A" 774119 j/62/ PHELAN HALLINAN,LLP Attorney for Plaintiff Joseph Schalk,Esquire 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,,PA 19103 215-563-7000 PHA Mortgage Corporation Cumberland County `': mac; - r~ vs, Court of Common Pleas <c Aaron S.Trimmer Civil Division Regina M.Trimmer No. 11-8154 Civil Term A'IORi E(►iLE GUN PICAS RE0 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against AARON S.TAR ONLY,Defendant for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises,and assess Plaintiff's damages as follows: PLAINTIFF WILL ASSESS DAMAGES AT A LATER DATE I hereby certify that(1)the Defendant's last known address is 15 CHURCH ROAD A/K/A, 15 WEST CHURCH ROAD,MECHANICSBURG,PA 17055-3104,and(2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. C ( I ! ,use It , 1al , 4.e wire 1 Alto icy for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: !1�' .'I+ , N ES a 280287 PROTHONOTARY 280287 Exhibit "B" 774119 • PHELAN HALLINAN, LLP By: JOSEPH P. SCHALK,ESQUIRE Identification No. 91656 126 Locust Street Harrisburg, PA 17101 Attorney for Plaintiff (215) 563-7000 PHH Mortgage Corporation 2001 Bishops Gate Blvd COURT OF COMMON PLEAS Mount Laurel,NJ 08054 Plaintiff CIVIL DIVISION v. NO. Aaron S. Trimmer Regina M. Trimmer CUMBERLAND COUNTY 15 Church Road a/k/a, 15 West Church Road Mechanicsburg, PA 17055-3104 Defendants CONSENT JUDGMENT AND NOW, This day of 2013 it is hereby agreed by and between, PHH Mortgage Inc. (hereinafter"Plaintiff'), by and through its counsel, Joseph P. Schalk, Esquire and Regina M. Trimmer(hereinafter "Defendant"), by and through her counsel, Marcus A. McKnight,III, Esquire, as follows: WHEREAS, Plaintiff is the holder of the Mortgage on the property located at 15 Church Road a/k/a 15 West Church Road,Mechanicsburg,PA 17055-3104 (hereinafter the "Property"); WHEREAS, Defendant is the owner and mortgagor of the Property; 280287 WHEREAS, the Mortgage on the property is in default because monthly payments on the Mortgage due April 1, 2011 and each month thereafter are due and unpaid; WHEREAS, by the terms of the Mortgage, upon default in such payments for a period of one month,the entire principal balance and all interest due thereon are due forthwith; WHEREAS, the parties to this Consent Judgment are desirous of resolving the issues raised in the Complaint and therefore, Plaintiff and Defendant agree as follows: 1. An in rem judgment is entered in favor of Plaintiff and against Defendant in the sum of$125,251.86 plus interest from December 1, 2012 and other costs and charges collectible under the Mortgage, for foreclosure and sale of the Property. 2. Plaintiff may immediately file the instant Consent Judgment with the Court. 3. In the event that, prior to a Sheriffs Sale, it is determined that Plaintiff has expended sums with regard to the Mortgaged Property, including but not limited to real estate taxes and insurance, then Defendant will stipulate with Plaintiff to the reassessment of damages in order to increase or decrease the judgment to reflect the expenditure made by Plaintiff. 4. Defendant will peacefully vacate the Mortgaged Property by the date of the Sheriffs Sale. 5. Defendant Regina M. Trimmer's Answer with New Matter and Counterclaim filed November 15, 2011 is dismissed with prejudice. 6. In exchange for Defendant's agreement to the entry of an in re judgment,Plaintiff agrees to not pursue Defendant for any deficiency after the Sheriffs Sale of the Mortgaged Property, including an in personam deficiency action under the mortgage or note. 7. Defendant hereby releases and forever discharges Plaintiff, its successors and assigns, predecessors, servicers, agents, employees, officers, directors, representatives, and 280287 attorneys from any and all claims, demands, damages, or liabilities whether now known or unknown arising out of or in any way connected to Plaintiffs servicing of Defendant's loan and the within foreclosure action. 8. The foregoing represents the entire agreement of the parties and no modification, amendment or extension hereof shall be valid, unless in writing and signed by all signatories to this agreement. 9. The attorneys executing this Consent Judgment have done so only after having discussed the terms with their respective clients and having obtained their consent to be bound by the terms of this Consent Judgment. 10. This Consent Judgment may be executed in counterpart. 11. Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. J •sep . Schalk, Esquire A torney:for Plaintiff '63/ DATE: A s - 026 LO cK.night,III., E squir Attorney for Defendant Regina M. Tr »irner 280287 t It F t!!:. 2813 AN A CUtiBE RL.A i c'UUI 'Ty vANIA PHELAN HALLINAN, LLP By: JOSEPH P. SCHALK,ESQUIRE Identification No. 91656 126 Locust Street Harrisburg,PA 17101 Attorney for Plaintiff f215) 563-7000 PHH Mortgage Corporation 2001 Bishops Gate Blvd COURT OF COMMON PLEAS Mount Laurel,NJ 08054 Plaintiff CIVIL DIVISION v. NO. Aaron S.Trimmer Regina M.Trimmer CUMBERLAND COUNTY 15 Church Road a/k/a, 15 West Church Road Mechanicsburg,PA 17055-3104 Defendants PRAECIPE FOR IN REM JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against, Defendant(s) REGINA M. TRIMMER pursuant to the attached Consent Judgment, and foreclosure and sale of the mortgaged premises,kindly assess Plaintiff's damages against REGINA M. TRIMMER as follows: As set forth in Complaint&order of court $125,251.86 TOTAL $125,2 1.86 Date: Jos pi I . Schal ,Esquire Attorney for Plaintiff 280287 Exhibit "C" 774119 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania October 29,2013 MARCUS A. MCKNIGHT, III AARON S. TRIMMER IRWIN&MCKNIGHT 15 CHURCH ROAD 60 WEST POMFRET STREET A/K/A 15 WEST CHURCH ROAD CALISLE,PA 17013 MECHANICSBURG,PA 17055 RE: PHH MORTGAGE CORPORATION v. AARON S.TRIMMER and REGINA M. TRIMMER Premises Address: 15 CHURCH ROAD A/K/A15 WEST CHURCH ROAD MECHANICSBURG,PA 17055 CUMBERLAND County CCP,No. 11-8154 CIVILTERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment. Please respond to me within 5 days,by 11/5/2013. Should you have further questions or concerns,please do not hesitate to contact me Otherwise, please be guided accordingly. Very truly yours, John D. Krohn,; Id.No.312244 Attorney for P1E' tiff Enclosure 774119 r- ,ttise p�#,, �e Ott zo ����*,�A�: .. pw1'"Z00 $ ;o c dtz --jV� , : ' a S4NC�X3N1 bj�sn -, a r, R, 1144,- 1 L jj . l• I i � 0tH we g•tI l 1 E. tilt; -is i eV I i.o 0, 4 k y;. O. 1 x I a mt D . go 0 4a 3 CA it I a o mc et — _ U 0 0 0 ‹ D - W Cd -] c' V Ct : C5'§.0 14. � a. tr. 1 dU 6g gal,: X ms :e utt O . a� H H �°� � Iv 41 " 0,,.. 4, a a ax Pita w tli ir 2 z * 4 es #4 1 1,74 eux * :al o I, r•oe 13 en � � l 6 2 0 s" N Z o ta Z. a W4 Y � ® � 'fit y`L'' - -l�l�" John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION • Court of Common Pleas • Plaintiff • Civil Division v. • • CUMBERLAND County • AARON S. TRIMMER REGINA M. TRIMMER • No.: 11-8154 CIVILTERM • Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. MARCUS A. MCKNIGHT, III AARON S. TRIMMER IRWIN &MCKNIGHT 15 CHURCH ROAD A/K/A 60 WEST POMFRET STREET 15 WEST CHURCH ROAD CALISLE, PA 17013 MECHANICSBURG, PA 17055-3104 Phelan Hallinan,LLP DATE: 11/413 By: John D. ohn, Esquire ATTORNEY FOR PLAINTIFF 774119 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PHH MORTGAGE CORPORATION • Court of Common Pleas Plaintiff • • Civil Division v. • CUMBERLAND County AARON S. TRIMMER • REGINA M. TRIMMER • No.: 11-8154 CIVILTERM Defendants RULE AND NOW, this lZ' day of OilaM1 2013, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE OURT J. N) p `j {Ci •1 > r C3"''i 774119 ohn D.Krohn,Esq., Id.No.312244 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 1VIARCUS A. MCKNIGHT, III /IRON S. TRIMMER IRWIN &MCKNIGHT 15 CHURCH ROAD A/K/A 60 WEST POMFRET STREET 15 WEST CHURCH ROAD CALISLE, PA 17013 MECHANICSBURG,PA 17055-3104 na, 774119 /1//3/13 774119 a O r•" s cJ13 NOV 21 Al-I to: �''Jr`IM RLAND CCUtf f`z' R t P�SYLVANIA Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County AARON S. TRIMMER REGINA M. TRIMMER No.: 11-8154 CIVILTERM Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's November 12, 2013 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. MARCUS A. MCKNIGHT, III AARON S. TRIMMER IRWIN &MCKNIGHT, 60 WEST POMFRET 15 CHURCH ROAD A/K/A STREET 15 WEST CHURCH ROAD CALISLE, PA 17013 MECHANICSBURG, PA 17055-3104 I Phelan Hallinan, LLP DATE: �/!/9�/ By: John D. Krohn, q., d.No.312244 Attorney for Plaintiff 774119 OF TIi I QTNEN1COETAr ,t.. 2013 DEC -9 Ati ID: 15 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION • Court of Common Pleas Plaintiff • • Civil Division vs. • • CUMBERLAND County AARON S. TRIMMER • REGINA M. TRIMMER • No.: 11-8154 CIVILTERM • Defendants MOTION TO MAKE RULE ABSOLUTE PHH MORTGAGE CORPORATION, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on November 7, 2013. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on October 29, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 774119 3. A Rule was issued on November 12, 2013 directing the Defendants to show cause by December 2, 2013 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on November 19, 2013 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of December 2, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs Motion to Reassess Damages. Phela a i ,.n P DATE: 124(0 By: Jo F . Etkowicz,Esq., Id.No.208786 A ey for Plaintiff 774119 Exhibit "A" 774119 • • PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215)563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania October 29,2013 MARCUS A.MCKNIGHT, III AARON S. TRIMMER IRWIN&MCKNIGHT 15 CHURCH ROAD 60 WEST POMFRET STREET A/K/A 15 WEST CHURCH ROAD CALISLE,PA 17013 MECHANICSBURG,PA 17055 RE: PHH MORTGAGE CORPORATION v. AARON S. TRIMMER and REGINA M. TRIMMER Premises Address: 15 CHURCH ROAD A/K/A15 WEST CHURCH ROAD MECHANICSBURG,PA 17055 CUMBERLAND County CCP,No. 11-8154 CIVILTERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is,increasing the amount of the judgment. Please respond to me within 5 days,by 11/5/2013. Should you have further questions or concerns,please do not hesitate to contact me, Otherwise,please be guided accordingly. Very truly yours, jih John D. Krohn, +.,Id.No.312244 Attorney for P1. tiff Enclosure 774119 tiuc 6Z 100 I61 re“000 ti ... r X11,,.—-""--. ...174;.'''''' VI[lOd sn i„1-.5';47!.:. ;0 JO. uC < 1 L I4~ ki Q • _ In ' il. 1 ., . 1.104 • .-•ns ii t.a.v 1 Q $q 8 ; , A . . a 2 4` 0 4 1 O.'IL a r N Z x 2 E i II. o 8 . 0 M W . - 0.a yyy�yyy (L ul� d c:, =` ( ice: ca xa.t, 415zI• l' • ..... V 1 1�+ 1 ; « .2r * t O N 4• O . O• -vw g . A-,1 z < o - w. r �. • r, .,..: ��nx_..�if. ;� ...i.7..1";,1.*:,;*':", >�u"... 4»�rs.��xr ... is;::.�"'5=� °;. .,��».!c-fix:': ,z :':� :.. ,.. ».gigg :• � ... ... . .», .. . .. .. � �, „,....:;;:.. .:.::'. .`.:... .•g.::o-i'•'.':•;���. S5. r�i'. ,,„, 1. M«''.a 3' s s ra 34:1'41,4:.,..• t,,� + ..., .. '. .... � e...„. Exhibit "B" 774119 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PHH MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division CUMBERLAND County AARON S. TRIMMER REGINA M. TRIMMER No.: 11-8154 CIVILTERM Defendants RULE AND NOW, this /talk day of/000 V' 1713, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court,Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT 4.0 rn T 1-1 rn c r mu" z.c:1 oft- CA) 774119 John D.Krohn, Esq.,Id.No.312244 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215) 563-7000 FAX: (215)563-3459 MARCUS A. MCKNIGHT, III AARON S. TRIMMER IRWIN&MCKNIGHT 15 CHURCH ROAD A/K/A 60 WEST POMFRET STREET 15 WEST CHURCH ROAD CALISLE,PA 17013 MECHANICSBURG, PA 17055-3104 774119 774119 • Exhibit "C" Phelan Hallinan, LLP John D. Krohn,Esq., Id.No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 john.krohn@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County AARON S. TRIMMER REGINA M. TRIMMER No.: 11-8154 CIVILTERM Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's November 12,2013 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. MARCUS A. MCKNIGHT, III AARON S.TRIMMER IRWIN&MCKNIGHT, 60 WEST POMFRET 15 CHURCH ROAD A/K/A STREET 15 WEST CHURCH ROAD CALISLE, PA 17013 MECHANICSBURG,PA 17055-3104 Phelan Hallinan, LLP DATE: 1I By: John D. Krohn, q., d.No.312244 Attorney for Plaintiff 774119 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION Court of Common Pleas Plaintiff . • Civil Division vs. . • CUMBERLAND County • AARON S. TRIMMER . REGINA M. TRIMMER • No.: 11-8154 CIVILTERM • Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. MARCUS A. MCKNIGHT, III, ESQUIRE AARON S. TRIMMER IRWIN &MCKNIGHT 15 CHURCH ROAD A/K/A 60 WEST POMFRET STREET 15 WEST CHURCH ROAD CARLISLE, PA 17013 MECHANICSBURG, PA 17055-3104 Phel' a , llin LLP DATE: • By: �r,- Y ,....„,, Jon.'@ . :;tkowicz s ., Id.No.208786 Atto 1 - for Plaintiff 774119 �u r DEC C 16 PM 2: CUMBERLAND COUNTy PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA PHH MORTGAGE CORPORATION • Court of Common Pleas Plaintiff • • Civil Division vs. • • CUMBERLAND County AARON S. TRIMMER • REGINA M. TRIMMER • No.: 11-8154 CIVILTERM Defendants ORDER AND NOW,this 16' day of 7 / , 2013,upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED,that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $108,131.17 Interest Through December 1,2013 $20,740.83 Late Charges $176.94 Legal fees $3,800.00 Cost of Suit and Title $534.75 Property Inspections $56.25 Mortgage Insurance Premium to be paid prior to $saleDate $127.89 Escrow Deficit $6,372.83 TOTAL $139,940.66 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. THE COUR V: CrID 1.CS ritbi Ett, 7 - 7 • J. 644+teloW Thly I C7� /f?. inc.kuifiS 774119 all C./13 .-/71 ! a PRAECIPE TO ENTER JUDGMENT PURSUANT TO COURT ORDER COURT OF COMMON PLEAS PHH MORTGAGE CORPORATION Plaintiff CIVIL DIVISION No.: 11-8154 CIVILTERM `f , V. 52 CUMBERLAND COUNTY w �� AARON S.TRIMMER r-- C-1 REGINA M.TRIMMER y ' Defendant(s) ,..C:3 - PRAECIPE TO ENTER THE JUDGMENT PURSUANT TO COURT ORDER 3;;" �a r n To the Prothonotary: Kindly Enter the Judgment per the Court Order dated December 16,2013 in favor of the Plaintiff and against AARON S. TRIMMER and REGINA M.TRIMMER,defendant(s). As Set Forth in the Order $139,940.66 �r Phelan Hallinan,LLP Adam H. Davis, Esquire Attorney for Plaintiff Q.w-A ,, 14 . C 0i 1293Sl-7 �u h H ;'Jol DEC 16 Pry 2: 2 9 C',UMBEfi f.1i 1 PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA PHH MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County AARON S. TRIMMER REGINA M. TRIMMER No.: 11-8154 CIVILTERM Defendants ORDER AND NOW, this 1&44-day of-bCA srJV'k,.2013, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tune as follows: Principal Balance $108,131.17 Interest Through December 1,2013 $20,740.83 Late Charges $176.94 Legal fees $3,800.00 Cost of Suit and Title $534.75 Property Inspections $56.25 Mortgage Insurance Premium to be paid prior to $saleDate $127.89 Escrow Deficit $6,372.83 TOTAL $139,940.66 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY COURT: Wi" J. 774119 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 PHH MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 11-8154 CIVILTERM AARON S. TRIMMER REGINA M. TRIMMER Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due $139,940.66 Interest from 12/02/2013 to Date of Sale $4,255.00 ($23.00 per diem) TOTAL $144,195.66 Phelan Hallinan,LLP Adam H. Davis, Esq., Id.No.203034 Attorney for Plaintiff Note: Please attach description of property. PH# 774119 ly Igo . �o CAF co W qa do �.CD C,� =c ` C�rt C_- 19 S �` 570 - 3 �a.as °t f LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Township of Silver Spring, County of Cumberland,and State of Pennsylvania, being more particularly bounded and described in accordance with a Drawing of Survey for Candace R. Cain prepared by Davis Land Surveying on August 1,2008,Drawing No. 1-8/08 as follows,to wit: BEGINNING at a point located on the southern line of Church Road(25 feet wide)at lands now or formerly of Taryn M.Yohn; Thence along the southern line of Church Road South 82 degrees 27 minutes 18 seconds East a distance of 39.12 feet to a point located 436.71 feet from Trindle Road at lands now or formerly of Karen D. Green;thence along lands now or formerly of Karen D. Green South 09 degrees 00 minutes East a distance of 44.75 feet to a point and lands now or formerly of Diane M.Hoy;thence along lands now or formerly of Diane M. Hoy South 81 degrees 00 minutes West a distance of 37.50 feet to a point located 78 feet from the Trindle Road at lands now or formerly of Taryn M.Yohn;thence along said lands now or formerly of Taryn M. Yohn North 09 degrees 00 minutes West a distance of 55.89 feet to the point and place of BEGINNING. CONTAINING 1,887.00 square feet or 0.0433 acres. SUBJECT,HOWEVER,to the restrictions and conditions contained in Record Book.C,Volume 11,Page 273,so far as said restrictions and conditions pertain to this lot of ground. TOGETHER with the water line right-of-way over lands now or formerly of Jesse S..Eckert and Ruth Eckert, his wife, described in Record Book B,Volume 15,Page 366. UNDER AND SUBJECT to covenants,conditions, reservations,restrictions, easements,and right of ways.of record. TITLE TO SAID PREMISES VESTED IN Aaron S. Trimmer and Regina M. Trimmer, h/w, by Deed from Candace R. Cain, an adult individual, dated 08/06/2008, recorded 08/27/2008 in Instrument Number 200829167. PREMISES BEING: 15 CHURCH ROAD A/K/A, 15 WEST CHURCH ROAD,MECHANICSBURG, PA 17055-3104 PARCEL NO.38-23-0569-020 PHELAN HALLINAN, LLP Attorneys for Plaintiff Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 f E,1?'MON j, , One Penn Center Plaza Philadelphia, PA 19103 �� fit. 0, Adam.Davis@PhelanHallinan.com ''UP13 BLAND CoUtj#y 215-563-7000 PENNSYLVANIA, PHH MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 11-8154 CIVILTERM AARON S. TRIMMER REGINA M. TRIMMER Defendant(s) CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: (X) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled ( ) 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: Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff PHH MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff 1f 71i `l3 j '` CIVIL DIVISION V. '01�FEB ' a 4H 10. 36 ,r,;!,M0 NO.: 11-8154 CIVILTERM �,, , fi[ ii"D COU1rTY AARON S. TRIMMER PENNSYLVANIA REGINA M. TRIMMER Defendant(s) CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 PHH MORTGAGE CORPORATION,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 15 CHURCH ROAD A/K/A,15 WEST CHURCH ROAD,MECHANICSBURG,PA 17055-3104. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) AARON S.TRIMMER 15 CHURCH ROAD,A/K/A 15 WEST CHURCH ROAD,MECHANICSBURG,PA 17055 REGINA M.TRIMMER 250 BERNHEISEL BRIDGE RD CARLISLE,PA 17015-9092 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) AARON S.TRIMMER 15 CHURCH ROAD A/K/A, 15 WEST CHURCH ROAD MECHANICSBURG,PA 17055-3104 REGINA M.TRIMMER 250 BERNHEISEL BRIDGE RD CARLISLE,PA 17015-9092 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. PH# 7741-19 Name Address(if address cannot be reasonably ascertained, please indicate) None. 7. N.pme and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may iie affected by the sale: Name Address(if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 15 CHURCH ROAD A/K/A 15 WEST CHURCH ROAD MECHANICSBURG, PA 17055-3104 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 280601 INHERITANCE TAX DIVISION HARRISBURG, PA 17128 DEPARTMENT OF PUBLIC WELFARE,TPL P.O. BOX 8486 CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG, PA 17105 REGINA M. TRIMMER C/O MARCUS A. 60 W POMFRET ST MCNIGHT,ESQUIRE CARLISLE,PA 17013-3222 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O. BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG, PA 17108-1754 FEDERAL BUILDING REGINA M.TRIMMER C/O MARCUS A. IRWIN&MCKNIGHT MCKNIGHT,III,ESQUIRE 60 WEST POMFRET STREET CALISLE,PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: By: Phelan Hallinan,LLP Adam H.Davis,Esq., Id.No.203034 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH# 774119 PHH MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. NO.: 11-8154 CIVILTERM AARON S. TRIMMER REGINA M. TRIMMER CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY -> TO: AARON S. TRIMMER 71 15 CHURCH ROAD, A/K/A 15 WEST ' CHURCH ROAD MECHANICSBURG, PA 17055 E5 REGINA M. TRIMMER v ` 250 BERNHEISEL BRIDGE RD CARLISLE, PA 17015-9092 "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 15 CHURCH ROAD A/K/A, 15 WEST CHURCH ROAD, MECHANICSBURG,PA 17055-3104 is scheduled to be sold at the Sheriff's Sale on 06/04/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$139,940.66 obtained by PHH MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 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. 4 L' If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the 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. 11-8154 CIVILTERM PHH MORTGAGE CORPORATION V. AARON S. TRIMMER REGINA M. TRIMMER owner(s) of property situate in the TOWNSHIP OF SILVER SPRING, CUMBERLAND County, Pennsylvania, being 15 CHURCH ROAD A/K/A, 15 WEST CHURCH ROAD, MECHANICSBURG, PA 17055- 3104 Parcel No. 38-23-0569-020 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $139,940.66 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate in the Township of Silver Spring, County of Cumberland, and State of Pennsylvania, being more particularly bounded and described in accordance with a Drawing of Survey for Candace R. Cain prepared by Davis Land Surveying on August 1,2008,Drawing No. 1-8/08 as follows,to wit: BEGINNING at a point located on the southern line of Church Road(25 feet wide)at lands now or formerly of Taryn M.Yohn;Thence along the southern line of Church Road South 82 degrees 27 minutes 18 seconds East a distance of 39.12 feet to a point located 436.71 feet from Trindle Road at lands now or formerly of Karen D. Green;thence along lands now or formerly of Karen D. Green South 09 degrees 00 minutes East a distance of 44.75 feet to a point and lands now or formerly of Diane M. Hoy;thence along lands now or formerly of Diane M. Hoy South 81 degrees 00 minutes West a distance of 37.50 feet to a point located 78 feet from the Trindle Road at lands now or formerly of Taryn M.Yohn;thence along said lands now or formerly of Taryn M. Yohn North 09 degrees 00 minutes West a distance of 55.89 feet to the point and place of BEGINNING. CONTAINING 1,887.00 square feet or 0.0433 acres. SUBJECT,HOWEVER,to the restrictions and conditions contained in Record Book C,Volume 11,Page 273, so far as said restrictions and conditions pertain to this lot of ground. TOGETHER with the water line right-of-way over lands now or formerly of Jesse S. Eckert and Ruth Eckert, his wife,described in Record Book B,Volume 15,Page 366. UNDER AND SUBJECT to covenants,conditions,reservations,restrictions, easements,and right of ways of record. TITLE TO SAID PREMISES VESTED IN Aaron S. Trimmer and Regina M. Trimmer, h/w, by Deed from Candace R. Cain, an adult individual, dated 08/06/2008,recorded 08/27/2008 in Instrument Number 200829167. PREMISES BEING: 15 CHURCH ROAD A/K/A, 15 WEST CHURCH ROAD,MECHANICSBURG, PA 17055-3104 PARCEL NO.38-23-0569-020 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 11-8154 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION Plaintiff(s) From AARON S.TRIMMER,REGINA M.TRIMMER (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: $139,940.66 L.L.: Interest FROM 12/02/2013 TO DATE OF SALE($23.00 PER DIEM)-$4,255.00 Atty's Comm: Due Prothy: $2.25 Atty Paid: $269.50 Other Costs: Plaintiff Paid: Date: 2/18/2014 David D4Bul, ro thono - (Seal) Deputy REQUESTING PARTY: Name: ADAM H.DAVIS,ESQUIRE Address: PHELAN HALLINAN,LLP 1617 JFK BLVD.,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 203034 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY PHH MORTGAGE CORPORATION DEFENDANT AARON S. TRIMMER REGINA M. TRIMMER SERVE AARON S. TRIMMER AT: 15 CHURCH ROAD A/K/A 15 WEST CHURCH ROAD MECHANICSBURG, PA 17055 -3104 * *DIVORCED- One cannot accept service for the other ** SERVED PH # 774119 SERVICE TEAM/ lxh COURT NO.: 11 -8154 CIVILTERM TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: June 4, 2014 C:. "i3 J't �Iyt�s Served and made known to AARON S. TRIMMER, Defendant on the ?`day of /f't*QcP4 , 20(4 , ate s?. vim, o'clock _p. M., at IS w,G4 Ic *, MP 4.4N1c56td26. PA in the manner described below: ‘.3) • (/Defendant personally served. t '• _ 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 3O Height SIID° Weight 170 Race W Sex AA Other I ROn11(i MOH n (..11 IA , a competent adult, hereby verify that I personally handed a true and correct copy of the ��l�rl Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 3(1 71(4 NAME: PRINTED NAME: ROtilTlci TITLE: Process Server NOT SERVED On the day of , 20 , at o'clock . M., I, state that 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. , a competent adult hereby BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563 -7000 PLAINTIFF PHH MORTGAGE CORPORATION DEFENDANT AARON S. TRIMMER REGINA M. TRIMMER AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PH # 774119 SERVICE TEAM/ lxh COURT NO.: 11-8154 CIVILTERM SERVE REGINA M. TRIMMER AT: 250 BERNHEISEL BRIDGE RD CARLISLE, PA 17015-9092 **DIVORCED- One cannot accept service for the other** SERVED TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: June 4, 2014 Served and made known to REGINA M. TRIMMER, Defendant on the320day of if -Pal L , 20 14- , atm Q J : 00 , o'clock 4. M., at 401 V EN Ice /hfE, £#RblSC.F , Pa , in the manner described below: 1/Defendant personally served.rn CO 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 304 Height 5'7' Weight OS S Race W Sex F Other I, )?„,,.,1,1 AA„ it , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. LF-, b # -r b0£S NaT DATE: 4 3 1 2ai C 5,4- 1►V V E t5G-05243 - .r ALS T7214444- Q W-516” @. PRINTED NAME: --G 4oi veiJiaJjvE al -94A st,61 1)4 TITLE: Ronald Moll Process Server NOT SERVED On the dayof 20 , at o'clock . M., I, , a competent adult hereby state that Defendnt 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 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 TEE I‘JTHCN T 0I tt i i y - 6 r; to: 611orney for Plaintiff CUNSEF LAND COUN E `' PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION Plaintiff, v. AARON S. TRIMMER REGINA M. TRIMMER Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS • • CIVIL DIVISION No.: 11-8154 CIVILTERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(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 attached hereto Exhibit "A". Date: 6/ /7r Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 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 Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH # 774119 ..Wtttc attur.r..arr ...MM../ ..L,r Address Of 1611 JFK Boulevard, Suit 1400 1 01 Sender One Penn Center Plaza: Philadelphia, PA 19103 AZK/GIL - 06/04t2014 SALE M a Line Article Number Name of Addressee, Sire t, and 11,.:t Office Address Postage R 0 1 **** TENANT/OCCUPANT. 15 CHURCH ROAD A 15 WEST CHURCH RO D MECHANICSBURG, P " 17055-3 04 SO `t r, al 2 **** COMMONWEALTH 0 PENNS LVANIA BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION 6TH FLOOR, STRAWB : RRY Si DEPT 280601 HARRISBURG, PA 171. 50.45 ` = ` est a 3 *es* DEPARTMENT OF PUB IC WE FARE, 1PL CASUALTY UNIT, ESTATE RECOVERY PROGRAM P.O. BOX 8486 WILLOW OAK BUILD t G HARRISBURG, PA 1710 - 50.45 rr ' .y.�• 1• •�, °': :, 4 **** REGINA M. TRIMMER i 0 MA '4 S A. MCNIGHT,ESQUIRE 60 W POMFRET ST CARLISLE, PA 17013.32 ,'(1/-** $0.45;C :'-- `' ' 5 **** DOMESTIC RELATION ` OF CUMBERLAND CO 13 NORTH HANOVER • • T CARLISLE, PA 17013 $0.45 itta i, Vi,,, .cP 6 **** COMMONWEALTH OF ' NNSY ANIA DEPARTMENT OF WEL RE P.O. BOX 267S HARRISBURG, PA 17105 $0,45 7 **** INTERNAL REVENUE SE VICE 1 VISORY 1000 LIBERTY AVENUE '• S OM 7 PITTSBURGH, PA 15222 $0.45 8 **** US. DEPARTMENT OF.1 . TICE U.S. ATTORNEY FOR 13 MIDDL DISTRICT OF PA FEDERAL BUILDING 228 WALNUT STREET, S 220 PO BOX 11.754 HARRISBURG, PA 17108-1 • 80.45 9 **** REGINA M. TRIMMER C/+ MARC S A. MCKNIGHT, HI, ESQUIRE IRWIN & MCKNIGHT 60 WEST POMFRET STRE : T CALISLE, PA 12113 $0.45 Vt,SICAHOKILIMMERA M MBE' : " 1 174119/10ZL._ 1 `` Pastel of 2 .; ;:WritTeiiii77 `"'—"•-., $4.05 Total Numberor Pieces Listed by Seceder Total Number ofPieres Received at Post Office timastes, •• (Nage of ' eeelvin[ E - L'yee? The full declaration arwhn it required on* dometlk rd international indicated mail The maximum Indemnity payable for the recnmtnxekn at nonnegotiable documents under Express Mail document reaaetruci .e insurance le Wed per Petr .abject m a limit of S500.140 per occurrence.. Mc ma*imum indemnity payable oft Express Mail or sbandise is SSOO. The maximum lndemriky Payabk Ls $25,000 fur registered mail. sent with optional insurance. See Domestic Mail Mammal MO S913 and S921 fee llmRukre atcnverape. Form 3877 Facsimile .r to to 0 0. a a 0 0 0 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFF,IGE OF THE SKERIFF r 1LEiJ-O; f' 1C'L OF THE PROTHONOTARY 20I4 AUG 18 " Ph I?: '1 CUMBERLAND COUNTY PENNSYLVANIA PHH Mortgage Corporation vs. Aaron Steven Trimmer (et al.)' Case Number 2011-8154 SHERIFF'S RETURN OF SERVICE 03/25/2014 06:15 PM - Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Regina M. Trimmer, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 250 Bernheisel Bridge Road, Carlisle 17013, defendant moved, did not leave a forwarding address. 03/27/2014 01:20 PM —Deputy William Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 15 Church Road, a//k/a 15 West Church Road, Silver Spring Township, Mechanicsburg, PA 17055, Cumberland County. 03/31/2014 08:03 PM - Deputy Dennis Fry, being duly sworn according to taw, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Aaron Steven Trimmer at 15 Church Road a/k/a 15 West Church Road, Silver Spring Township, Mechanicsburg, PA 17055, Cumberland County. 06/04/2014 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 1 Courthouse Square Carlisle Pa, 17013 at 1000 am on June 4, 2014. He sold the same for the sum of $1.00 to Attorney Joseph Schalk, on behalf of, PHH Mortgage Corporation, being the buyer in this execution, paid to the Sheriff the sum of SHERIFF COST: $864.03 SO ANSWERS, July 28, 2014 RONNf R ANDERSON, SHERIFF a4 9 73 Y (c) CountySuite Sheriff. Teleosaft, Inc, On February 20, 2014 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA, Known and numbered as 15 Church Road, A/K/A a. 15 West Church Road, Mechanicsburg, as Exhibit "A" filed with this writ and by Ct1 (JJ Z this Reference incorporated herein. Date: February 20, 2014 By: Rea Estate Coordinator LXIII 16 CUMBERLAND LAW JOURNAL 04/18/14 Writ No. 2011-8154 Civil Term PHH Mortgage Corporation vs. Aaron Steven Trimmer Regina M. Trimmer Atty.: Joseph Schalk By virtue of a Writ of Execu- tion No. 11-8154 CIVILTERM, PHH MORTGAGE CORPORATION v. AAR- ON S. TRIMMER, REGINA M. TRIM- MER owner(s) of property situate in the TOWNSHIP OF SILVER SPRING, CUMBERLAND County, Pennsylva- nia, being 15 CHURCH ROAD a/k/a, 15 WEST CHURCH ROAD, MECHAN- ICSBURG, PA 17055-3104. Parcel No. 38-23-0569-020. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: $139,940.66. 113 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 18, April 25 and May 2, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa Marie Coyne, E4litor SWORN TO AND SUBSCRIBED before me this 2 day of May, 2014 Notary COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28, 2018 1 .The Patriot -News Co. 2020 Technology Pkwy 'Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 he patriot Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. 2011-8154 Civil Term PHH Mortgage Corporation Vs Aaron Steven Trimmer Regina M. Trimmer Atty: Joseph Schalk By virtue of a Writ of Execution No. 11-8154 CIVIL TERM PHH MORTGAGE CORPORATION v. AARON S. TRIMMER REGINA M. TRIMMER owner(s) of property situate in the TOWNSHIP OF SILVER SPRING, CUMBERLAND County, Pennsylvania, being 15 CHURCH ROAD A/f A, 15 WEST CHURCH R MECHANICSBURG, PA 17055- 3104 Parcel No. 38-23-0569-020 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $139,940.66 This ad ran on the date(s) shown below: 04/13/14 04/20/14 04/27/14 Swor • and .ubsc ed before me this 02 da of May, 2014 A.C. Notary P COMMONWEALTH OF PENNSYLVANIA Notarial Seal toy Lynn 1"'zrfel, Rotary Public ahingtonT':r , Dauphin County t1 Cornrni5sion E:x''res Dec. 12, 2016 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which PHH Mortgage Corp is the grantee the same having been sold to said grantee on the 4th day of June A.D., 2014, under and by virtue of a writ Execution issued on the 18th day of February, A.D., 2014, out of the Court of Common Pleas of said County as of Civil Term, 2011 Number 8154, at the suit of PHH Mortgage Corp against Aaron S Trimmer & Regina M is duly recorded as Instrument Number 201413852. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this , A.D. „20/5/ Rec rder of My Commissi day of Recorder of Deeds s, Cumberland County, Carlisle, PA n Expires the First Monday of Jan. 2018