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HomeMy WebLinkAbout12-0062SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson E iL,... ,!c ' Sheriff „cr r,? el ' ? of 4ttut ?,?? PIE Jody S Smith r f Chief Deputy ' . 201 JAN 20 AM ?' 2 ? Richard W Stewart ?UMQERLAND "U' Solicitor Fi E F PNSYLVA Nationstar Mortgage LLC Case Number vs. Jeanne S. Parsons 2012-62 SHERIFF'S RETURN OF SERVICE 01/12/2012 01:50 PM - William Cline, Corporal, who being duly sworn according to law, states that on January 12, 2012 at 1350 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Jeanne S. Parsons, by making known unto herself personally, at Manor Care, 1700 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. Request for service at 237 N. Twenty Sixth Street, Camp Hill, Pennsylvania 17011 is uninhabitable by notice of The Camp Hill Borough. o WILLIAM CLINE, DEPUTY SHERIFF COST: $58.00 January 17, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF io) (?C IIIt'yStIte Sl: e! ff, 1F%CJ50ft. Irc. PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC VS. JEANNE S. PARSONS Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 2012-62-CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: _.M ?5 c-? T -? -15 rn aL °r1 G7 `? rq Kindly enter judgment in favor of the Plaintiff and against JEANNE S. PARSONS, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint TOTAL $229,600.91 $229,600.91 I hereby certify that (1) the Defendant's last known addresses are 237 NORTH 26TH STREET, CAMP HILL, PA 17011-3621 and MANOR CARE, 1700 MARKET STREET, CAMP HILL, PA 17011, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. 77?? A Date au A DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ,3 L PHS # 278855 ishwood, Esquire Plaintiff PROTHONOTARY *I(o.5o PO Ar Y Orr I/ W 1410 & a74- L13( Nah? dlkilecl' 278855 PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 Attorney for. Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC : CUMBERLAND COUNTY : COURT OF COMMON PLEAS VS. JEANNE S. PARSONS : CIVIL DIVISION : No. 2012-62-CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant JEANNE S. PARSONS is over 18 years of age and resides at 237 NORTH 26TH STREET, CAMP HILL, PA 17011-3621 and MANOR CARE, 1700 MARKET STREET, CAMP HILL, PA 17011. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date 3 y v? t he sh od, Esquire Attorne for intiff 278855 NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC V. JEANNE S. PARSONS Plaintiff Defendant(s) TO: JEANNE S. PARSONS 237 NORTH 26TH STREET CAMP HILL, PA 17011-3621 / DATE OF NOTICE: v COURT OF COMMON PLEAS CIVIL DIVISON NO. 2012-62-CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DF,FAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHINTEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS 4 278855 Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 LIBERTY AVENUE (717) 240-6195 Cit ,ISLE, PA 17013 (7 7) 249-3166 By: Lawrence l' Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R, Tabas, Esq., Id. No. 93337 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 Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq., Id. No. 308877 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 278855 NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC V. JEANNE S. PARSONS Plaintiff Defendant(s) TO: JEANNE S. PARSONS MANOR CARE, 1700 MARKET STREET CAMP HILL, PA 17011 J? DATE OF NOTICE: V2A COURT OF COMMON PLEAS CIVIL DIVISON NO. 2012-62-CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE Pv BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS # 278855 Office of the Prothonotary Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE tLISLE, PA 17013 /f N7) 249-3166 k4&rwwc'1' Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 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 Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq., Id. No. 308877 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 278855 (Rule of Civil Procedure No. 236) - Revised NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC VS. JEANNE S. PARSONS CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 2012-62-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on - /,T By' If you have any questions concerning this matter please contact: Phelan Hallinan & Schmieg, LIT Matthew Brushwood, Esquire Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY. ** WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 12-62 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC Plaintiff (s) From JEANNE S. PARSONS (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $229,600.91 L. L.: $.50 Interest from 3/16/2012 to Date of Sale ($37.74 per diem) - $6,566.76 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $209.25 Other Costs: Plaintiff Paid: Date: 5/17/12 (Seal) REQUESTING PARTY: Name: ALLISON F. WELLS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BLVD, SUITE 1400 PHILADELPHIA. PA 19103 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 NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COURT OF COMMON PLEAS COMPANY, LLC Plaintiff CIVIL DIVISION v JEANNE S. PARSONS Defendant(s) NO.: 2012-62-CIVIL : CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 03/16/2012 to Date of Sale ($37.14 per diem) TOTAL ra $229.600.91 -?-, ,o $6,566.76 .C x --; CD $2361 -j Jf Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff Note: Please attach description of property. PHS # 278855 Gs) ct"'A S'a • oo 4 U.Sol, 11 SO L R-11 .as C ra.as Z' ?. it"So/_ Z_ CIf 81331 ?.?a?S3oy Wt-,A c,? Qi, Tssoed w w w c z o a 3 W c? x ?. z W ? U U a a w o? ? o a? a? w oaw. w? w a,? ?"? C7d Gz; ? ao ,?" E? ? w p ° on o 0o ao z ? o ? .^? E W a p) ct d H ? ? i a p? ?z.? ? ? W o '?3 0 WUW zva wQ ?? T F? U z GL, > ? A. w a, LEGAL DESCRIPTION ALL THOSE CERTAIN tracts or parcel of land and premises, situate, lying and being in the borough of Camp Hill inn the county of Cumberland and commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point in the northeast corner of the intersection of north twenty sixty street, formerly called Bowman Avenue, and Olive Alley; thence northwardly along the east side of north twenty sixth street fifty (50) feet to the center line of lot no. 26 in the hereinafter mentioned plan of lots; thence eastwardly along the center line of lot no. 26 one hundred forty (140) feet to the western line of King Alley; thence southwardly along the w1 stern line of Kin Galley fifty (50) feet to the northern line of Olive Alley; thence westwardly along the norther line of Olive Alley one hundred forty (140) feet to a point, the place of beginning. BEING Lots No. 24, 25 and the southern half of Lot No. 26, Section'C' in the Plan of Lots recorded in the Office for Recording of Deeds in and for Cumberland County in Deed Book'M', Volume 6, Page 600. TITLE TO SAID PREMISES VESTED IN WARRANTY DEED FROM GERALD P. VOEGLER AND GEORGIA VOEGLER TO JEANNE S. PARSONS DATED 6/27/91, RECORDED 6/27/91 IN BOOK 35 AND PAGE 605. PREMISES (BEING: 237 NORTH 26TH STREET, CAMP HILL, PA 17011-3621 PARCEL NO. 01-21-02-71-033 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 E iO MNO A ?r1 ' ?Y 17 A?10:51 a! ` ERl_AH1D COWiTY, NATIONSTAR MORTGAGE, LLC, F/K/A CENTR H 1VIE?' i ? EQUITY COMPANY, LLC Plaintiff V. JEANNE S. PARSONS Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 2012-62-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: ( )I the mortgage is an FHA Mortgage ( )' the premises is non-owner occupied ( ) the premises is vacant (X)' Act 91 procedures have been fulfilled ( )' Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Phelan Hall' & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff r NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX COURT OF COMMON PLEAS HOME EQUITY COMPANY, LLC Plaintiff { l `?C?,'OYIi CIVIL DIVISION NO.: 2012-62-CIVIL v• ?f'''e<" !!' 10. E- JEANNE S. PARSONS ??''? COUNT'' Defendant(s) PENNSYLVANIA CUMBERLAND COUNTY PHS # 278855 AFFIDAVIT PURSUANT TO RULE 3129.1 NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC, 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 237 NORTH 26TH STREET, CAMP HILL, PA 17011-3621. I . Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) JEANNE S. PARSONS MANOR CARE, 1700 MARKET STREET CAMP HILL, PA 17011 Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE Name and lagknown 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) NATIONST?R MORTGAGE LLC F/K/A 350 HIGHLAND DR CENTEX H ME EQUITY COMPANY LLC LEWISVILLE, TX 75067-4177 NATIONST R MORTGAGE LLC F/K/A PO BOX 650 CENTEX HOME EQUITY COMPANY LLC HERSHEY, PA 17033-0650 C/O SCOTT A. DIETTERICK, ESQUIRE Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None. Address (if address cannot be reasonably ascertained, please indicate) 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' he sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT DOMESTIC RELATIONS OF CUMBERLAND COUNTY 237 NORTH 26TH STREET CAMP HILL, PA 17011-3621 13 NORTH HANOVER STREET CARLISLE, PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O. BOX 2675 DEPARTMENT OF WELFARE HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY U.S. DEPAR'T'MENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 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 ct to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: Phe a an & Schmieg, LLP Allison F. Wells, sq., Id. No.309519 Attorney for Plaintiff NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME COURT OF COMMON PLEAS EQUITY COMPANY, LLC : CIVIL DIVISION Plaintiff : VS. JEANNE S. PARSONS : NO.: 2012-62-CIVIL : CUMBERLAND COUNTY Defendant(s) 7.1 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY i VI "I TO: JEANNE S. PARSONS MANOR CARE > 1700 MAR)KET STREET -W CAMP HILL, PA 17011 "THIS FIRM IS A jDEBT 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 237 NORTH 26TH STREET, CAMP HILL, PA 17011-3621 is scheduled to be sold at the Sheriffs Sale on 09/05/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $229,600.91 obtained by NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC (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 AISLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you''may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the riht 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 sched lie will state who will be receiving that money. The money will be paid out in accordance with this schedule (Mess 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 T KE 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 W14ERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 t SHORT DESCRIPTION By virtue of a Writ of Execution NO. 2012-62-CIVIL NATION$TAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC vs. JEANNE S. PARSONS owner(s) of property situate in the BOROUGH OF CAMP HILL, Cumberland County, Pennsylvania, being (Municipality) NORTH 26TH STREET, CAMP HILL. PA 17011 71-033 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $229,600.91 Phelan Hallman & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, ',PA 19103 215-563-7004 LEGAL DESCRIPTION ALL THOSE CERTAIN tracts or parcel of land and premises, situate, lying and being in the borough of Camp Hill it) the county of Cumberland and commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point in the northeast corner of the intersection of north twenty sixty street, formerly called Bowman Avenue, and Olive Alley; thence northwardly along the east side of north twenty sixth street fifty (50) feet to tie center line of lot no. 26 in the hereinafter mentioned plan of lots; thence eastwardly along the center line of lot no. 26 one hundred forty (140) feet to the western line of King Alley; thence southwardly along the western line of Kin Galley fifty (50) feet to the northern line of Olive Alley; thence westwardly along the norther line of Olive Alley one hundred forty (140) feet to a point, the place of beginning. BEING Lots No. 24, 25 and the southern half of Lot No. 26, Section 'C' in the Plan of Lots recorded in the Office for Recording of Deeds in and for Cumberland County in Deed Book'M', Volume 6, Page 600. TITLE TO SAID PREMISES VESTED IN WARRANTY DEED FROM GERALD P. VOEGLER AND GEORGIA A. VOEGLER TO JEANNE S. PARSONS DATED 6/27/91, RECORDED 6/27/91 IN BOOK 35 AND PAGE 605. PREMISES BEING: 237 NORTH 26TH STREET, CAMP HILL, PA 17011-3621 PARCEL NO. 01-21-02-71-033 PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 215-563-7000 NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC Plaintiff VS. JEANNE S. PARSONS Defendant CUMBERLAND COUNTY COURT OF COMMON PLl CIVIL DIVISION NO. 2012-62-CIVIL MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, petitions this Honorable for an Order directing service of the Notice of Sale upon the above-captioned Defendant, JEANNE S. PARSONS, by certified mail and regular mail to JEANNE S. PARSONS at, 237 NORTH 26TH STREET, CAMP HILL, PA 17011-3621 and publication pursuant to PA.R.C.P. 3129.2 (D) and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property involved herein has been scheduled September 5, 2012. 2.. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) 3129.2 requires that the Defendant be served with a notification of Sheriffs Sale at least thirty (30) days FILED-OFFICE 61 I iE PRO i i ONO 1Atly ?.. JUL 2S A l 10: 4, rah` RLAN0 COUNTY '?:NNSYLVANIA prior to the scheduled sale date. 3. Attempts to serve Defendant, JEANNE S. PARSONS, with the Notice of Sale the mortgaged premises, 237 NORTH 26TH STREET, CAMP HILL, PA 1701 3621, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A", no service was made as the mortgaged premises is Attempts to serve Defendant, JEANNE S. PARSONS, with the Notice of Sale the MANOR CARE 1700 MARKET STREET, CAMP HILL, PA 17011, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A", no service was made as the Defendant was discharged in 2011. 4. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". 5. Plaintiff contacted the Prothontary's Office and as of July 5, 2012, no Judge has previously entered a ruling in this case. 6. In accordance with CUMBERLAND County Local Rule 208.3(9), Plaintiff sen a copy of its Proposed Motion for Special Service and Order to the Defendant on July 5, 2012 and requested Defendant's concurrence. Plaintiff did not receive written response from the Defendant. A true and correct copy of Plaintiff s July ?, 2012 letter and postmarked certificate of mailing pursuant to Local Rule 208.3 attached hereto, made part hereof, and marked Exhibit "C". 7. Plaintiff submits that it has made a good faith effort to locate the Defendant, JEANNE S. PARSONS, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that the allowance of service of the N of Sale upon Defendant in accordance with Pa.R.C.P., Rule 430 by certified and regular mail JEANNE S. PARSONS at, 237 NORTH 26TH STREET, CAMP HILL, PA 17011-3621 and posting 237 NORTH 26TH STREET, CAMP HILL, PA 17011-3621 and by publication. DATE: Phelan ' chmieg, LLP Y? Allison F. e ls, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 215-563-7000 NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC Plaintiff VS. JEANNE S. PARSONS Defendant CUMBERLAND COUNTY COURT OF COMMON PLI CIVIL DIVISION NO. 2012-62-CIVIL PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure, Rule 3129.2, it is necessary a foreclosure action for the Sheriff or Process Server to serve upon the Defendant Notice of Sale of the mortgaged premises. Specifically, Pa.R.C.P., Rule 3129.2 (c) provides in part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the Notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed b, Rule 402 (a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy of the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if service cannot be made as provided in the subparagraph (A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendant, JEANNE S. PARSONS, are unknown, reasonable investigation of his/her last known address was made in accordance with Pa.R.C.P. 430(a). Pennsylvania Rule of Civil Procedure, Rule 430 (a) provides as follows: (a) If service cannot be made under the applicable rule the Plaintiff may fr. the court for a special order directing the method of service. The motion shall accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A Sheriff's Return or Affidavit of Service of "not found" or the f that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs.Polis, 238 Pa.Super. 362, 3 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address. Adoption of Walk( 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, fries and employers of the defendant and (3) examinations of local telephone directories, voter registration records, local tax records and motor vehicle rec( As indicated by the attached Affidavit of Return of Service, marked hereto as Exhibit "A", the Process Server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendant has been as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that the allowance of service of Notice of Sale upon Defendant in accordance with Pa.R.C.P., Rule 430 by certified and re mail to JEANNE S. PARSONS at, 237 NORTH 26TH STREET, CAMP HILL, PA 17011-3621 and posting 237 NORTH 26TH STREET, CAMP HILL, PA 17011-3621 and by publication to PA.R.C.P. 3129.2. DATE: Phelan Hallin leg, LLP B. llison F. W 1 Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 215-563-7000 NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC Plaintiff VS. JEANNE S. PARSONS Defendant CUMBERLAND COUNTY COURT OF COMMON PLl CIVIL DIVISION NO. 2012-62-CIVIL CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Motion for Service of N of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, of Service and Exhibits in the above captioned matter was sent by first class mail, postage prepaid to the following interested parties on the date indicated below. JEANNE S. PARSONS 237 NORTH 26TH STREET CAMP HILL,, PA 17011-3621 Phelan Hallinan & Schmieg, LLP DATE: _ By; on a squire Attorney for Plaintiff CC KATIE MAXWELL, ESQUIRE EXHIBIT `6A" AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY NATIONSTAR MORTGAGE, LLC, F/IUA CENTEX HOME EQUITY COMPANY, LLC PHS # 278855 DEFENDANT SERVICE TEAM] Ixh JEANNE S. PARSONS COURT NO.: 2012.62-CIVIL SERVE JEANNE S. PARSONS AT: TYPE OF ACTION 237 NORTH 26TH STREET XX Notice of Sheriffs Sale CAMP HILL, PA 17011-3621 SALE DATE: September 5, 2012 SERVED Served and made known to JEANNE S. PARSONS, Defendant on the _...._.? clay 20 at o'clock_. M., at 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 Height Weight __, Race ---- Sex .._.-- Other I, a competent adult, hereby verify that I personally handed a true and correct copy of t Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case can the date and at the addr indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating unsworn falsification to authorities. DATE: NAME: PRINTED NAME: TITLE: SERVED NOT On the day of N ,,-_,,., 20LI at ?5--o'clockA. M., Defendant NOT FOUND because: Y! Vacant Does Not Exist _ Moved _ Does Not Reside (Not Vacant) No Answer on at at Service Refused Other: I understand tat this statement is made subject to the penalties cif l8 f'a. C.S. Sec. 4904 relating to fa ?;ifieatia toa orittes. ?.... BY: t312':?;? ...:;i PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schtnieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jemne 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. 206719 Allison F. Wells, Esq., ld. No. 309519 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 Matthew G. Brushwood. Esq., Id. No. 310592 ?i AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC PHS # 278855 DEFENDANT SERVICE TEAM/ 1xh JEANNE S. PARSONS COURT NO.: 2012-62-CIVIL SERVE JEANNE S. PARSONS AT: TYPE OF ACTION MANOR CARE XX Notice of Sheriff's Sale 1700 MARKET STREET SALE DATE: September 5, 2012 CAMP HILL, PA 17011 SERVED Served and made known to JEANNE S. PARSONS, Defendant on the _ day of , 20 at o'clock _. M., at _ 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). _ Agcnt or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. Other: Description: Age Height Weight Race Sex Other I, , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: NAME: PRINTED NAME: TITLE: NOT SERVED On the. 15 day of U Nr- , 2011, at o'clock P. M., Defendant NOT FOUND because: - Vacant ____ Does Not Exist - Moved {Does Not Reside (Not Vacant) __ No Answer on at at _ Service Refused Other: r AIT C& 1,A- S?eTt 1>C*AW0"T W" At5CHA4-QED , D .?f/. Ma-9566 ?? L. NEti4, sll a A}Ll-tEAoW.(C +poA?g4% (2V7 N,"fi. b7) Wh SIiITU f*AT SN+I IJQULO 4 2 Mt; I understand that this stay ne/atlis made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsiiir ' 4ukto au ,riti= BY: PRINTED NAME: x?? k???Ll 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 7'. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tahas, Esq., Id. No. 93337 Jay B.:lones,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 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq,, Iri, No. 203093 Andrew J. Mai-ley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq., Id. No. 308877 T W( )AIL-50 AX TO CAU ND ICOL`( l 7a • DMj7` 1 Process Server :.heck List If Service Is Made: Spouses Names if Applicable Wife Husband: '1::t. i?C3Y CE's : yes No i ) No Service Made 1 . Vacant: Yes ( ?} No ( } 2. Is there a name on the mailbox? Is it the defendants? NG 3. Neighbor Contact:Yes ( ?) No ( } Left Side: Right Side._ ___. T -Ff-,D -t3 l WOItC_? 4. For Sale Sign: Yes ( ) No ((/? Realtor Name: Company Name: Phone Number: 5. Car in Drive Way Yes ( ) No Plate Number: EXHIBIT `B" AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 278855 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Jeanne S. Parsons Property Address: 237 North 26th Street, Camp Hill, PA 17011 Possible Mailing Address: Manor Care 1700 Market Street, Camp Hill, PA 17011 1. CREDIT INFORMATION A. B. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Jeanne S. Parsons - xxx-xx-3035 EMPLOYMENT SEARCH Jeanne S. Parsons - A review of the credit reporting agencies provided no C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Jeanne S. Parsons reside(s) at: 237 North Street, Camp Hill, PA 17011. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases, which indicated that Jeanne S. Parsons reside(s) at: 237 North 26th Street, Camp Hill, PA 17011. On 06-11-12 our office made a telephone call to the subject's phone number (717) 731-1090 and. received the following information: wrong number. B. On 06-11-12 our office made several telephone calls to a possible phone number c the subject(s) (717) 829-6379 and received the following information: no answer. III. INQUIRY OF NEIGHBORS On 06-11-12 our office made a phone call in an attempt to contact Angela M. Clements (717) 737-4108, 236 North 260, Street, Camp Hill, PA 17011: spoke with unidentified female who could not confirm that the subject reside(s) at 237 North Street, Camp Hill, PA 17011. On 06-11-12 our office made several phone calls in an attempt to contact Helen S. Schaeffer (717) 761-3711, 240 North 26th Street, Camp Hill, PA 17011: answering machine. On 06-11-12 our office made a phone call in an attempt to contact Kevin Stepp (71 412-0920, 241 North 26th Street, Camp Hill, PA 17011: not in service. On 06-11-12 our office made a phone call in an attempt to contact Austin Clegg (71. 737-2630,1710 Market Sheet, Apartment 3, Camp Hill, PA 17011: not in service. On 06-11-12 our-office-made a phone call in an attempt to contact Elizabeth T. Tauscher (717) 737-3280,1710 Market Street, Apartment 13, Camp Hill, PA 17011: spoke with an unidentified female who could not confirm that the subject reside(s) Manor Care 1700 Market Street, Camp Hill, PA 17011. IV On 06-11-12 our office made a phone call in an attempt to contact D. Weaver (71.7) 761-6586,1710 Market Street, Apartment 19, Camp Hill, PA 17011: spoke with an unidentified female who could not confirm that the subject reside(s) at Manor Care 1700 Market Street, Camp Hill, PA 17011. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 06-11-12 we reviewed the National Address database and found the following information: Jeanne S. Parsons - 237 North 26th Street, Camp Hill, PA 17011. i. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing addre 1700 Market Street, Camp Hill, PA 17011. V. OTHER INQUIRIES A. DEATH RECORDS As of 06-11-12 Vital Records and all public databases have no death record on file Jeanne S. Parsons. VI..ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Jeanne S. Parsons -1947 * Our accessible databases have been checked and cross-referenced for the named individual(s). * Please be advised our database information indicates the subject resides at current address. I hereby verify that the statements made herein are true and correct to the best of y knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unsworn falsification to authorities. L--` The above information is obtained from available public records and we are only liable for the cost of the affidavit. EXHIBIT "C" N J 00 Oo UA cn r x O f? 0 d r? 0 roo N c n. `< p a z dr 0 O ?a ?y 7 00 /i m b R O ?w W er? ?x.&? a a.o w L6 o0. o o c c ono H ^'$m c ?°n tHa ? ? a oA ? °p o 8 io ? ti B m c m o 3 x4, t y 3. Ep OoO w p ?. C m b?G 3? O ? O SP a c o on d. a ? x A 'o o. ? y ? papll N y X ? 3 g n' n y' a d. a ° ? o? a z z b a 0 z H l? a A b x N J o°Do U VI O 6A O ?D O N x- ?. r 5• co oaz ' "a : C/1 0. w z V C n N ° ~ b a?a 3 z :z 3 b r"x a a. n tw r? (D ,t b baa y 0 ? z ON ?H ? gr b O y O A A a "S O A 6fi O A F E< , ? PITNEY BO 02 1M $01-590 0004277256 JUL05120 12 MAILED FROM ZIP CODE 119 10 3 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail lily.hainey@fedphe.com LILY RAINEY, Legal Assistant, Ext. 1401 Representing Lenders in Service Department Pennsylvania and New J July 5, 2012 JEANNE S. PARSONS 237 NORTH 26TH STREET CAMP HILL, PA 17011-3621 RE: NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC v. JEANNE S. PARSONS Premises Address: 237 NORTH 26TH STREET, CAMP HILL, PA 17011-3621 CUMBERLAND County, No. 2012-62-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by JULY 12, 2012. )uld you have any further questions or concerns, please do not hesitate to contact me. please be guided accordingly. LIL THEY, Legal Assistant' for Phe n, Hallinan & Schmieg LLP ED.Q ARY n Rt- ?,ND C0U1? Est 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 NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC Plaintiff V. : Court of Common Pleas Civil Division CUMBERLAND County JEANNE S. PARSONS No.: 2012-62-CIVIL Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, 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 January 6, 2012. 2. Judgment was entered on March 15, 2012 in the amount of $229,600.91. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A"'. 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 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. 278855 4. The Property is listed for Sheriffs Sale on September 5, 2012. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $225,909.42 Interest Through September 5, 2012 $15,705.90 Per Diem $40.85 Legal fees $1,675.00 Cost of Suit and Title $453.75 Property Preservation $814.05 Escrow Deficit $5,384.65 Suspense/Misc. Credits ($130.24) TOTAL $249,812.53 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 Defendant. 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 July 20, 2012 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 10. No judge has previously entered a ruling in this case. 278855 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & S eg, DATE: By: ells, squire ATTORNEY FOR PLAINTIFF 278855 Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 215-563-7000 NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC Plaintiff Court of Common Pleas Civil Division V. CUMBERLAND County JEANNE S. PARSONS No.: 2012-62-CIVIL Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE JEANNE S. PARSONS 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 237 NORTH 26TH STREET, CAMP HILL, PA 17011-3621. 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, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be 278855 cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court. and the Property is currently scheduled for Sheriffs Sale. 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 Defendant credit for monthly payments tendered through bankruptcy, if any. IL 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 278855 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 Defendant 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 Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is 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 has 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 278855 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 Sheriff s 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 Defendant 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. VI. ATTORNEY'S FEES 278855 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 Plaintiff's 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. 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. 278855 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. 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 278855 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. 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 278855 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 HallinaA-B-S2ImieL,. LLP DATE: By: Allison V. Wells, Esquire Attorney for Plaintiff 278855 Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 NATIONSTAR MORTGAGE, LLC, FWA CENTEX HOME EQUITY COMPANY, LLC Vs. 44 JEANNE S. PARSONS PRAECIPE FOR IN REM TO THE PROTHONOTARY: Attorney for Plaintiff CUMBERLAND COUNTY C-) o COURT OF COMMON Pl y CIVIL DIVISION xe'; =C* M ... o° -cam - cn -4 ML c a ac-r? =C1 FAILURE TO Kindly cater pdpmtmt in favor of the Plaintiff and armst JEANNE & PARSONS. Defrdodant(s) for failm to file an Answer to PI s Compl" wit k 20 days f am service thereof and for ftecloscue and sale of the mortgaged premises, and assess Plaintiffs danages as follows: As set forth in Complaint TOTAL I hereby c atify that (1) the STREET, CAMP HILL, PA 17011 CAMP HILL, PA 27011, and (tl 237.1. ?y Date l ; fd $229,60091 $229,60091 last imown addresses are 237 NORTH 26TH IANOR CARE, 1700 MARKET STREET, 94won aiven in ao ce with Rule Pa.RC.P DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: rtrsaz=55 278955 PROTHONOTARY Exhibit "B" Name and Phelan Hallinan & Schmieg, LLP Address y 1617 JFK Boulevard, Suite 1400 Of Sender One Penn Center Plaza Phil.d..I. . PA 10101 ANN Line Article Number Name of Addressee, Street, ¦nd Post Office Address postage 1 ***. JEANNE S. PARSONS 50.45 MANOR CARE 1700 MARKET STREET CAMP H1L PA 17011 2 •*** JEANNE S. PARSONS $0.45 237 NORTH 26TH STREET q CAMP HILL, PA 17011-3621 3 KATIE MAXWELL, ESQUIRE $0 10 E. HIGH STREET CARLISLE, PA 17013 y d RE; JEANNE S. PARSONS CUMBERLAND PHSB 278855 Page 1 of 1 51.35 Total Number d Tmal Number d Pieces fto-ar, P. (Nroe of The M dwhirrim of mAw is m*" m as dome to ad iNarYli•eal tyia.w moil. The muomum Pimm Liued by Send. R-i d a Pau Olfia Rmeida8 Employee) fm dm Mw lowww of ooelpihk dm "" adr Baprala Mil &a." remoal .d- iurarc• k Om at6lea to a lima 0(1500,000 per oeerer•e. The wxinem wdearmy payable m Fvp Mal mad The mau•um iadww* pwj" is V5AW far- mail. aah rhh gaiwd imemnoe. See Dm wok . 8900 5917 atd 5921 Aw H katloa d-ra , N erl 0 gi w cl ?aN? M' 0 n t N ?N a 2 ?- + C40 rn ?IaR• 0 0 a .S 278855 PHELAN 1 ALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and. New Jersey July 20, 2012 JEANNE S. PARSONS MANOR CARE 1700 MARKET STREET CAMP HILL, PA 17011 JEANNE S. PARSONS 237 NORTII 26TH STREET CAMP HILL, PA 17011-3621 KATIE MAXWELL, ESQUIRE 10 E. HIGH STREET CARLISLE, PA 17013 RE: NATIONSTAR MORTGAGE, LLC, F/KIA CENTEX HOME EQUITY COMPANY, LLC v. JEANNE S. PARSONS Premises Address: 237 NORTH 26TH STREET CAMP HILL, PA 17011 CUMBERLAND County CCP, No. 2012-62-CIVIL Dear Defendant & Counsel, 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 July 25, 2012. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours 1i?,t3?7 1' A r?Is, Esquire Attorrncv fOr Plaintiff Enclosure 278855 Phelan Hallman & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC Plaintiff V. JEANNE S. PARSONS Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 2012-62-CIVIL 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 individual on the date indicated below. JEANNE S. PARSONS MANOR CARE 1700 MARKET STREET CAMP HILL, PA 17011 KATIE MAXWELL, ESQUIRE 10 E. HIGH STREET CARLISLE, PA 17013 -/'Z DATE: oL-- JEANNE S. PARSONS 237 NORTH 26TH STREET CAMP HILL, PA 17011-3621 Phelan Hallinan & Schmie B: ison . Well , quire ATTORNEY FOR PLAINTIFF 278855 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NATIONSTAR MORTGAGE, LLC, F/K/A Court of Common Pleas CENTEX HOME EQUITY COMPANY, LLC Plaintiff Civil Division V. CUMBERLAND County JEANNE S. PARSONS No.: 2012-62-CIVIL Defendant RULE AND NOW, this day of 2012, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's 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 MW i'r'i ? i? C Ci7 ? ] Y_„ > C ? { 278855 V Allison F. Wells, Esq., Id. No.309519 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 r/JEANNE S. PARSONS /' JEANNE S. PARSONS MANOR CARE 237 NORTH 26TH STREET 1700 MARKET STREET CAMP HILL, PA 17011-3621 CAMP HILL, PA 17011 ?114G li c Ma)(.0el/ 278855 ?r!-G b f $x 278855 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC Plaintiff VS. JEANNE S. PARSONS Defendant ORDER CIVIL DIVISION NO. 2012-62-CIVIL AND NOW, this day of , 2012, after -49-12 consideration of Plaintiff s Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendant JEANNE S. PARSONS by: REGULAR MAIL TO, JEANNE S. PARSONS at, 237 NORTH 26TH STREET, CAMP HILL, PA 17011-3621 / CERTIFIED MAIL TO, JEANNE S. PARSONS at, 237 NORTH 26TH STREET, CAMP HILL, PA 17011-3621 c/ POSTING 237 NORTH 26TH STREET, CAMP HILL, PA 17011-3621 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). BY THE COURT: /??? J. PHS # 278855 CC PHELAN 14ALLINAN & SCHMIEG,- LLP r , 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 Q, r-- V IN 7?- C1 3 JEANNE S. PARSONS 237 NORTH 26TH STREET, CAMP HILL, PA 17011-3621 ?- .. ,JD ?pJ es ka.' led ???/ray Ak/z 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 NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC Plaintiff vs. JEANNE S. PARSONS Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 2012-62-CIVIL CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's August 6, 2012 Rule 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. JEANNE S. PARSONS MANOR CARE 1700 MARKET STREET CAMP HILL, PA 17011 DATE: _ la JEANNE S. PARSONS 237 NORTH 26TH STREET CAMP HILL, PA 17011-3621 wells, rsquire for Plaintiff 278 . ~ , .~,~~E ~'ROTNQNOTA€ 212 AUG 30 AM 10~ QO ~t1M~ERl.ANO CQUN~'Y P€NNS YLVi~1~A Phelan Hallman & Schmieg, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC Plaintiff vs. JEANNE S. PARSONS Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.:2012-62-CIVIL MOTION TO MAKE RULE ABSOLUTE NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC, 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 July 27, 2012. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a of its proposed Motion to Reassess Damages and Order to the Defendant on July 20, 2012 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. 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. 278 3. A Rule was issued on or about August 6, 2012 directing the Defendant to show cause by August 27, 2012 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 August 9, 2012 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. Defendant failed to respond or otherwise plead by the Rule Returnable date of August 27, 2012. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Ph llinan & Schmieg, LLP DATE: By: a e B shwood, Esquire Atto r Plaintiff 2 _ _ _ _ _ T. Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215} 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey July 20, 2012 JEANNE S. PARSONS MANOR CARE 1700 MARKET STREET CAMP HILL, PA 17011 JEANNE S. PARSONS 237 NORTH 26TH STREET CAMP HILL, PA 1 701 1-362 1 KATIE MAXWELL, ESQUIIZE 10 E. HIGH STREET CARLISLE, PA 17013 RE: NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX HOME EQUITY COMPANY, LLC v. JEANNE S. PARSONS Premises Address: 237 NORTH 26TH STREET CAMP HILL, PA 17011 CUMBERLAND County CCP, No. 2012-62-CIVIL Dear Defendant & Counsel, 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 July 25, 2012. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very„tx~ly yours, All is Esquire Attorney or Plaintiff Enclosure 278855 Exhibit "B" i ~__ --- - __ - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NATIONSTAR MORTGAGE, LLC, F/K/A Court of Common Pleas CENTEX HOME EQUITY COMPANY, LLC Plaintiff Civil Division v. JEANNE S. PARSONS Defendant CUMBERLAND County No.:2012-62-CIVIL RULE AND NOW, this day of 012, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's 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 z P~ =-, ,~ w N ftl t,;) 3,s ~ "1 rn ~ ~~~-- Nr 1 ~~C7 2 C7'1 r_,~ 'rte ~ X Cr - _'. ~~ N %t~p r' - ~,;s 2788 Exhibit "C" Phelan Hallman & Schmieg, LLP Allison F. Wells, Esq., Id. No.3095 . , ~ EO! R 1617 JFK Boulevard, Suite 1400 w~~.,,~,'. ;- One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 NATIONSTAR MORTGAGE; LLC, F/K/A CEN"1'EX HOME EQUITY COMPANY, LLC Plaintiff vs. Court of Common fleas Civil Division CUMBERLAND County JEANNE S. PARSONS No.: 2012-62-CIVIL Defendant CERT>1FICATION OF SERVICE I hereby certify that a true and correct copy of the Court's August 6, 2012 Rule directi 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. JEANNE S. PARSONS MANOR CARE 1700 MARKER' S"I'REET' CAMP HILL, PA 17011 JEANNE S. PARSONS 237 NORTH 26TH STREET CAMP HILL, PA 17011-3621. DATE: Phelan iefi;: LLP AllisonrF. Wells, Esquire Aitorn~y for Plaintiff 2788$5 Phelan Hallinan & Schmieg, LLP Matthew Brushwood, Esq., Id. No.310592 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 NATIONSTAR MORTGAGE, LLC, F/K/A Court of Common Pleas CENTEX HOME EQUITY COMPANY, LLC Plaintiff Civil Division vs. CUMBERLAND County JEANNE S. PARSONS No.: 2012-62-CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffls Motion to Make Rule Abs was served upon the following individual on the date indicated below. JEANNE S. PARSONS JEANNE S. PARSONS MANOR CARE 237 NORTH 26TH STREET 1700 MARKET STREET CAMP HILL, PA 17011-3621 CAMP HILL, PA 17011 P el llinan & Schmieg, LLP DATE: ~ ~ ~ By: a w Esquire Atto for Plaintiff 27g~ss r,~.•~' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NATIONSTAR MORTGAGE, LLC, F/K/A Court of Common Pleas ~ CENTEX HOME EQUITY COMPANY, LLC Plaintiff Civil Division vs. CUMBERLAND County JEANNE S. PARSONS Defendant No.:2012-62-CIVIL ORDER AND NOW, this ~/L day of ,1.~L. , 2012, upon consideration of Plaintiffs Motion to Make Rule Absolute, 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 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 Interest Through September 5, 2012 . Per Diem $40.85 Legal fees Cost of Suit and Title Property Preservation Escrow Deficit Suspense/Misc. Credits TOTAL $225,909.42 $15,705.90 $1,675.00 $453.75 $814.05 $5,384.65 ($130.24) $249,812.53 Plus interest from September 5, 2012 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriff s commission is not included in the above figure. BY THE COURT: ~~Pl~ n h C S- RtrSO ns ~ ~'1Q.~lit~.J '~r'u.Sl~.tooad ~f. j.' / , ~~ ~ es ~. ~~d q~,S~i~ ,e~L ~ n ~`, CJ r.-~ x --~ -G 3 ca .~- c.n c_~ -,~~ -+_ -r, T , "'t3 l"' ~~ ~~ '"'t C:3 °7-; Q "~`I -+- C'Y C:.~ r_. ,;,~~ :~ ~: 278855 ~) PHELAN HALLINAN & SCHMIEG, LLP Attorney for Plaintiff Robert W. Cusick, Esq., Id. No.80193 1617 JFK Boulevard. Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVA)\[IA NATIONSTAR MORTGAGE, LLC, F/K/A CENTEX CUMBERLAND COUNTY HOME EQUITY COMPANY, LLC Plaintiff, COURT OF' COMMON PLEAS v. JEANNE S. PARSONS Defendant(s) CIVIL DIV][SION No.: 2012-62-CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C:.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 7) a or Certified Mail Return Receipt stamped by the U.S. Postal Service is attach h~eto Ex 'bit "A". 1 !1 ,~~ i Ro •t W. Cys~tcTc, Esquire 0 `~ ~y Attorney for Plaintiff Date: - IMPORTANT NOTICE: This property is sold at the direction of t:he 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. PHS # 2'78855 _~ ~ G _} 4 ~ a '.d3 ~ v r vF 1 ', ..J i. ~- T .r y N TJ ~ C: `9 _ raw( i,'~ v !~1 ~_ ;"' C ~ ~ 1 ^: L ,, a 1'A` ^ to ~ r .+.: (., ~ ('~ t.. 1 x , ; ~ ~+, 3~ C K ~ ~ ~ ~ I Z ^ ~_ ~ z °'~ d ,~ O _ i f "s ~ ! E ~ yyyy yy~~ (~~ ( 3.: ___ r) - T c" '~ ~ fl4- ~ may` Y ~ .li a. '~ G ~ Y r. = - _. >' ' _ ' r tP -ai rv J 6~3 : N _~ ' .D i] ? 9' ~ ~ 2 > ~ _ y a' r ~ ~ r . S~ T, ~. `~ S ti ~j. ~ ~ ;~ ~ I I 'a • ], atY ~ ' 3 :R -' 1 t 1 - 1 _ z [ __ [ a ~ ~ f ~ ~ ,. I " a ~. ,tn~ a ~ - r ~ ~ n. O _. ~ € (~ i f ^' :~' 6.d ~ ~.. 2 :: CU ~- ~ --__.. __-_ _....._ _ ~ ~ r. ~` ~ yy ~ ~ `` ~~ f*'~ ~, i Y j ts7 _ s Y `.~ ~: n ~~„ sa ~« fi G ~; " '~' ~ 'b v ~ '-5 N ~ ~ ~ ~ ti ~ .., ~lo ., j ~' ~ C" .. ~Y U ..~+ D f' r'd' ~i. R u U ~; Q Jt N N /) a.r