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HomeMy WebLinkAbout12-0120SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy C'. ? . . ,,l, Richard W Stewart Solicitor PHH Mortgage Corporation vs. Mary Josephine Horner (et al.) SHERIFF'S RETURN OF SERVICE el A!J 25 ASE 91. 4 h..r ? 1 Iw FIL!'i 1??l? :+\d:.1IS I tl PPPASYLVAHIA Case Number 2012-120 01/20/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Mary Josephine Horner, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Mary Josephine Horner. Request for service at 4222 Carlisle Road, Gardners, Pennsylvania 17324 is vacant. The Gardners Postmaster has advised, Mary Josephine Horner's new address is 6717 Fincastle Trail, Louisville, Kentucky 40272. 01/20/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Roy J. Horner, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Roy J. Horner. Request for service at 4222 Carlisle Road, Gardners, Pennsylvania 17324 is vacant. The Gardners Postmaster has advised, Roy J. Horner's new address is 6717 Fincastle Trail, Louisville, Kentucky 40272. SHERIFF COST: $65.00 SO ANSWERS, January 20, 2012 RON R ANDERSON, SHERIFF - 11rh AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE PHS # 283402 DEFENDANT MARY JOSEPHINE HORNER ROY J. HORNER SERVE ROY J. HORNER AT: 6717 FINCASTLE TRAIL LOUISVILLE, KY 40272-4723 SERVICE TEAM/ tam COURT NO.: 2012-120 TYPE OF ACTION XX Mortgage Foreclosure XX Civil Action SERVED Served and made known to ROY J. HORNER , Defendant on the 2 day of A441 W--L 2012, at o'clock _A.-M., at 611 7 -CasiF /e 77rWa in the manner described below: Defendant personally served. V(dult family member with whom Defendant(s) reside(s). Relationship is 50 4.) _ 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: C -p 3 rn ? z? rz °C CD DC) C3 ? u Description: Age ? Height Weight 17 !5? Race JA.) Sex M Other 92"c s. h q: r rv ca ra N A CD I,&C 4t,J `a4 yr t%to/ , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Foreclosure Complaint in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscrbed before me this day of _, 20 1 a- Notary: u?,?l l By: .1A4 tj,,L L't , ?'1?,?,?'? NOT SERVED On the . day of , 20_, at _ o'clock _. M., Defendant NOT FOUND because: - Vacant - Does Not Exist - Moved - Does Not Reside (Not Vacant) _ No Answer on at Service Refused at Other: Sworn to and subscribed before me this day of 120- By: Notary: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq., Id. No. 308877 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 s rri ?r rri C. C5 '4 CO -rF :m*_ _... C) 711 AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE PHS # 283402 DEFENDANT SERVICE TEAM/ tam _ 1 MARY JOSEPHINE HORNER COURT NO.: 2012420 rTj w 3 L - ROY J. HORNER MM }s 71 C SERVE MARY JOSEPHINE HORNER AT: TYPE OF ACTION .5 A N G 6717 FINCASTLE TRAIL XX Mortgage Foreclosure -Z , LOUISVILLE, KY 40272-4723 XX Civil Action < C-) ' -n O r SERVED - , Served and made known to MARY J SEPHINE HORNER , Defendant on the Z day of M aWC-X20 , at `;:", fD:??? o'clock/4. M., at CzLSe(-e- frq,2 , in the manner described below: endant personally served. _VAdult family member with whom Defendant(s) reside(s). Relationship is c5oA.) _ 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 1_75 Race AL)-- Sex A Other 16C. . 1, Gir 0!24???'t competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Foreclosure Complaint in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subsNbed before me this day Al. 2- of .M eM' 20 / Notary: T? C By: ? 1 nOTERVED On the day of , 20_, at o'clock _. M., Defendant NOT FOUND because: _ Vacant - Does Not Exist - Moved - Does Not Reside (Not Vacant) No Answer on at at Service Refused Other: Sworn to and subscribed before me this day of , 20_. By: Notary: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq., Id. No. 308877 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 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 PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE VS. MARY JOSEPHINE HORNER ROY J. HORNER Attorney for Plaintiff CUMBERLAND COUNTY : COURT OF COMMON PLEAS . CIVIL DIVISION No. 2012-120 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: -4 N 0 "v LTE sic ry MF .4c> T F 7i Kindly enter judgment in favor of the Plaintiff and against MARY JOSEPHINE HORNER, and ROY J. HORNER, 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 $107,484.29 $107,484.29 I hereby certify that (1) the Defendants' last known addresses are 4222 CARLISLE ROAD, GARDNERS, PA 17324-9061 and 6717 FINCASTLE TRAIL, LOUISVILLE, KY 40272-4723, and (2) that notice has been given in accordance with -Rljl Pa.R.C.P 237.1. Date L] /1, -7, //,?o I )- AJ1W t w r shwood, Esquire Attorney'r Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. r•. DATE: 14 -A /1 64 6 I? .5'p PA A PHS # 283402 PROTHONOTARY 111906r9? ?,# a9399? / Wiae 11ailecl 283402 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 PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE VS. MARY JOSEPHINE HORNER ROY J. HORNER Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 2012-120 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 MARY JOSEPHINE HORNER is over 18 years of age and resides at 42.22 CARLISLE ROAD, GARDNERS, PA 17324-9061 and 6717 FINCASTLE TRAIL, LOUISVILLE, KY 40272-4723. (c) that defendant ROY J. HORNER is over 18 years of age and resides at 6717 FINCASTLE TRAIL, LOUISVILLE, KY 40272-4723 and 4222 CARLISLE ROAD, GARDNERS, PA 17324-9061. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date 1 ?4 -1--_ att shwood, Esquire Atto for Plaintiff 283402 • PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE Plaintiff V. MARY JOSF,PI-IINE HORNIER ROY J. HORNER COURT OF COMMON PLEAS CIVIL DIVISON NO. 2012-120 CUMBERLAND COUNTY Defendant(s) TO: MARY JOSEPHINE HORNER 4222 CARLISLE ROAD GARDNERS, PA 17324-9061 DATE OF NOTICE: LN " LI 0 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 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 WITIIOU'T A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. II` YOU DO NOT HAVE., A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE, YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE.. OR NO FEE. Office of the Prothonotary Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 (717) 240-6195 PHS # 283402 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE. CARLISLE, PA 17013 ('717)'-)49-3166 4J.c By d V, 1_:S lllt!'t r° , Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 I'HH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE Plaintiff V. MARY JOSEPHINE HORNER ROY J. 14ORNER Defendant(s) COURT OF COMMON PLEAS CIVIL, DIVISON NO. 2012-120 CUMBERLAND COUNTY TO: MARY JOSEPHINE, HORNER 6717 FINCASTLE TRAIL LOUISVILLE. KY 40272-4723 DATE OF NOTICE: el- /_1 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 ATTEMP'T' 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 FME 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 F,LIGIBLE PERSONS AT A RF_,INJCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse i Courthouse Square Carlisle, PA 17013 (717) 240-6195 PHS # 283402 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 _ (717) 249-3166 By? drew J. iV arl?y t.S(ju?1e r Attorney for Plaintiff ,/' Phelan Hallinan & Se11miu?g, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHH MORTGAGE CORPORATION. F/K/A ERA MORTGAGE Plaintiff' V. MARY JOSEPHINE HORNER ROY J.HORNER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISON NO. 2012-120 CUMBERLAND COUNTY TO: ROY J. HORNI R 6717 FINCASTLE TRAIL LOUISVILLE, KY 40272-4723 DATE OF NOTICE: A/do 1 THIS FIRM IS A DEBT ..f)LLECTC7R 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 13E 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. Office of the Prothonotary Cumberland County CDRr[IlonSe I Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLF, PA 17013 (717) 249-3166 B y:: c rew J. Tv y< isquir Attorney for Plaintiff Phelan Halli.nan & Schn eg, LLP 1.617 JFK Boulevard, Suite 1400 One Penn Center. Plaza Philadelphia, PA 191.03 PHS # 283402 PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE Plaintiff V, MARY JOSEPHINE HORNER ROY J.HORNER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISON NO. 2012-120 CUMBERLAND COUNTY TO: ROY J.HORNER 4222 CARLISLE ROAD GARDNERS, PA 17324-9061. DATE OF NOTICE: THIS FIRM IS A DEBT ZOLLFCTOR 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 13E 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. Office of the Prothonotary Cumberland County Courthouse t Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSH. 2 LIBERTY AVENUE CARLISLE, PA 17013 -t (717) 249-3166 By: ndrew airleY. rsti, it? Attorney for Plaintiff Phelan Hallinan & Schrnieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 283402 (Rule of Civil Procedure No. 236) - Revised PHH MORTGAGE CORPORATION, CUMBERLAND COUNTY F/K/A ERA MORTGAGE COURT OF COMMON PLEAS VS. MARY JOSEPHINE HORNER CIVIL DIVISION ROY J. HORNER No. 2012-120 Notice is given that a Judgment in the above captioned matter has been entered against you on #A9111 By: cz.? dba If you have any questions concerning this matter please contact: Phelan Hallinan & Schmieg, LLP 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 ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSL Y RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY** 283402 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE Plaintiff v MARY JOSEPHINE HORNER ROY J. HORNER Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Intetest from 04/20/2012 to Date of Sale ($171.67 per diem) TOTAL COURT OF COMMON PLEAS CIVIL DIVISION NO.: 2012-120 CUMBERLAND COUNTY $107,484.29 r $2,456.13 C' $109,940.42 - - ` k' n Hallinan & Schmieg, LLP Michael Kolesnik, Esq., Id. No.308877 ttorney for Plaintiff Note: Please attach description of property. PHS # 283402 of- 4016-50 (95.00 C B' 103.75 N 1(0 "50 r a. So " a1c? . a? P,0 ATTv U.a5 &CO So Li- C#Inksc>3 P# .17603 7 ee wr;+4IS0-Ld wz o? ?a a z z Oa ?H O? ?z O? U W W ? H ? U W E? a 0 a w w 0 E-+ 0 0 U W H O? ?a x a > w x W x a w 0 d 0 O? Q a 0 H U w w 0 a 0 w W 0 v i 0 w bA 0 ? N a/ M N W M ct ? W a) W W ?v W v 3 ? O w O a x y ? b Q? 0 O H O r oo 00 00 fll? a ° az a7? E W v x m Cd ° =11 a 1, ?- MH U W PHELAN HALLINAN & SCHMIEG, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE Plaintiff V. MARY JOSEPHINE HORNER ROY J. HORNER Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS CIVIL DIVISION NO.: 2012-120 CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. _ By: P n Hallinan & Schmieg, LLP 1ohn Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff C r az. PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE Plaintiff V. MARY JOSEPHINE HORNER ROY J. HORNER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 2012-120 CUMBERLAND COUNTY PHS 4 283402 AFFIDAVIT PURSUANT TO RULE 3129.1 PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE, 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 4222 CARLISLE ROAD, GARDNERS, PA 17324-9061. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ?- ' ascertained, please so indicate) ?m C= MARY JOSEPHINE HORNER 6717 FINCASTLE TRAIL LOUISVILLE, KY 40272-4723 ?. ROY J. HORNER 6717 FINCASTLE TRAIL ? c LOUISVILLE, KY 40272-4723 _ 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 4222 CARLISLE ROAD GARDNERS, PA 17324-9061 DOMESTIC, RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 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 subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: S 3A 2 By: A Hallinan & Schmieg, LLP Michael Kolesnik, Esq., Id. No.308877 ney for Plaintiff PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE Plaintiff VS. MARY JOSEPHINE HORNER ROY J. HORNER Defendant(s) : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 2012-120 CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MARY JOSEPHINE HORNER ROY J. HORNER 6717 FINCASTLE TRAIL LOUISVILLE, KY 40272-4723 ? te s-*? ' r ` C= ?• may, 4... .• "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 4222 CARLISLE ROAD, GARDNERS, PA 17324-9061 is scheduled to be sold at the Sheriff's 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 $107,484.29 obtained by PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may deed an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in the Village of Goodyear, Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a nail in the center of Highway Route No. 34; thence by land now or formerly of Millard F. Beam, North 89 degrees West 76.7 feet to a fence corner; thence by the same, North 00 degrees 15 minutes West 40.6 feet to an iron pin; thence by the same and land now or formerly of Harry R. Beam, North 78 degrees West260.3 feet to an iron pin on the right-of-way of Reading Railroad; thence by said right-of-way, North 04 degrees 45 minutes East 124.2 feet to an iron pin; thence by land now or formerly of John H. Group and Helen E. Group, his wife, South 85 degrees 05 minutes East 339 feet to a point in the center of Highway Route No. 34 aforesaid; thence by the center of said Highway, South 2 degrees 15 minutes West 192 feet to the Place of BEGINNING. CONTAINING 1.185 acres, more or less; and being improved with a frame dwelling house and frame garage. TITLE TO SAID PREMISES VESTED IN Roy J. Horner and Mary Josephine Horner, h/w, by Deed from Brian D. Putney and Patricia A. Putney, h/w, dated 06/28/2002, recorded 07/09/2002 in Book 252, Page 2970. PREMISES BEING: 4222 CARLISLE ROAD, GARDNERS, PA 17324-9061 PARCEL NO. 08-42-3281-006 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 2012-120 PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE VS. MARY JOSEPHINE HORNER ROY J. HORNER owner(s) of property situate in the TOWNSHIP OF DICKINSON, Cumberland County, Pennsylvania, being (Municipality) 4222 CAnISLE ROAD, GARDNERS, PA 17324-9061 Parcel No.! 08-42-3281-006 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $107,484.29 Phelan Hallinan & Sch?nieg, LLP Attorney for plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 12-120 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION, f/k/a ERA MORTGAGE, Plaintiff (s) From MARY JOSEPHINE HORNER and ROY J. HORNER (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: $107,484.29 L.L.: $.50 Interest from 4/20/12 to Date of Sale ($17.67 per diem) -- $2,456.13 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $216.25 Other Costs: Plaintiff Paid: Date: 6/l/2012 David D. Buell, Prothonotary (Seal) Deputy REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK, 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. 308877 AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE PHS # 283402 DEFENDANT MARY JOSEPHINE HORNER ROY J.HORNER SERVE ROY J. HORNER AT: 6717 FINCASTLE TRAIL LOUISVILLE, KY 40272-4723 SERVICE TEAM/ lxh COURT NO.: 2012-120 C N ?r 1 ?y? CA T- C-) TYPE OF ACTION XX Notice of Sheriffs Sale SALE DATE: September 5, 2012 SERVED rued and made known to ROY J. HORNE D fen ton the day of 5V 20, at o'clock M., at YKt61 e?' , in the manner desc ibed below: Defendant personally served. Adult family member ith whom D dant(s) xesiide(?). Relationship is S' w ?OSe f hl Jibtq#,- _ 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: Age2??y Height SJ7JI Weight So)h Race W Sex F Other 1, tAKVWA )• U41, a competent adult, being duly sworn according to law, depose and state that I handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the case on the date and at the address indicated above. Sworn to and subscribed bef this day of cJU 20/? M c)(( ?2 .14 JAI N(9T SERVED s otary: By i? fWes- e /j,?cEJpG[??GG n the y of , 20_, at o'clock _. M., Defendant NOT FOUND because: _ Vacant - Does Not Exist _ Moved _ Does Not Reside (Not Vacant) _ No Answer on at at Service Refused Other: Sworn to and subscribed before me this day of -20- . By: Notary: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 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 Dana B. Ostrovsky, Esq., Id. No. 83921 Zachary J. Jones, Esq., Id. No. 310721 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 rr 3: i t vts ? rtiZ Q?E vim d R JS AFFIDAVIT OF SERVICE (FNMA) n e -.3 PLAINTIFF CUMBERLAND COUNTY PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE -10 PHS # 283402 T1 rn DEFENDANT MARY OSEP SERVICE TEAM/ lxh N? C J HINE HORNER COURT NO.: 2012-120 ROY J. HORNER ?p SERVE MARY JOSEPHINE HORNER AT: TYPE OF ACTION 6717 FINCASTLE TRAIL XX Notice of Sheriff's Sale LOUISVILLE, KY 40272-4723 SALE DATE: September 5, 2012 SERVED and made known to MARY JOSEPHINE O R, Defendant on thee day of IT, 20 at Terved, o clock e. M., at I f, 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: J '1 ?j Description: Age QA Height ,, Weight P 4 Race 4t Sex F Other I, Mt?1tG?2? ,' t`om'/ t, a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned' case on the date and at the address indicated above. ?..?•? Sworn to and subsc 'bed befor e,m this day - ? of 200 Notary: By: c? ? 1 NOT SERVED On they O 6a?f , 20_, at _ o'clock _. M., Defendant NOT FOUND because: - Vacant - Does Not Exist _ Moved - Does Not Reside (Not Vacant) No Answer on at at Service Refused Other: Sworn to and subscribed before me this day of _20- By: Notary: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Hiakos, 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., 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 Dana B. Ostrovsky, Esq., Id. No. 8392.1 Zachary J. Jones, Esq., Id. No. 310721 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 a C% ai.. • 4 ' '"?????.•3?l1 C. J"'?19l.J ?w.'24 V? ?. F' !?' 5 Y L V'A f P'i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PHH MORTGAGE CORPORATION, F/K/A ERA Court of Common Pleas MORTGAGE Plaintiff Civil Division V. MARY JOSEPHINE HORNER ROY J. HORNER CUMBERLAND County No.: 2012-120 Defendants RULE AND NOW, this day of A--/Aj,?'--2012, 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 T O T J. 283402 Matthew Brushwood, Esq., Id. No.310592 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 PAX: (215) 563-3459 t/ MARY JOSEPHINE HORNER ROY J. HORNER 6717 FINCASTLE TRAIL LOUISVILLE, KY 40272-4723 ? ROY J. HORNER 628 CARVER ROAD LEXINGTON, KY 40511-1633 14° c _ ?? MARY JOSEPHINE HORNER ROY J. HORNER 4222 CARLISLE ROAD GARDNERS, PA 17324-9061 283402 283402 r t xL~:~-~i` I~ iGE "~~ ~'ti0 ~(-e~NflT,~f~~' PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFh Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 191 C13 215-563-7000 Attorney f~~l~~~f (~+ ~~} ~~~ ~ 3 '' ~~sM~~R~.~~c~ cou~rY ~'EP~~SYLVAN(A IN THE C;OURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION, F/K/A ERA CUMBERLAND COUNTY MORTGAGE Plaintiff, COURT OF COMMON PLEAS ~ CIVIL DIVISION MARY JOSEPHINE HORNER No.: 2012-120 ROY J. HORNER Defendant(s) 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 3 17 o Certified Mail Return Receipt stamped by the U.S. Postal Service is attac~e, d ~ E ibit "A". Matthew rushes d, Esquire Ov' ~ Attorney r mtiff Date: _ IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may n 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 presE at the sale. PHS # 283402 ~ t\ ~ ~ G m Vt t,. w P ra ~ ~ ~. n p -_. N tl ~~ - S CT' • ~ ~ +r ~ ro x- ~ ~ ,k z x- ~ G < I x. C ..E ~o ~x~ ~~N~^~^: ~ -~ x Jin n--•,~ n;~ 7 ~ ~ ;~ ~? N ', ~~Y C x am: ~ zCy~. s r-~~~ C~a ~ ~G a ~ u~a~~'~' rY "~ z ~ ca~ Cz u'y~-0 ~ ~,~~~~ t^"3~ za~ c~x~-+ », y y~ ' K ' C r.. Co Zpx~ ~ .-+ ~~ C N ~ x z ~ i ~T "` . 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No.308912 ~~ ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 '~~'~~~ Cfil' One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION, F/K/A ERA Court of Common Plus MORTGAGE Plaintiff Civil Division vs. CUMBERLAND County MARY JOSEPHINE HORNER No.: 2012-120 ROY J. HORNER Defendants CERTIFICATIQN OF SERVICE I hereby certify that a true and correct copy of the Court's August 9, 2012 Rube directing the Defendants to show cause as to why Plaintiff s Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. MARY JOSEPHINE HORNER ROY J. HORNER 6717 FINCASTLE TRAIL LOUISVILLE, KY 40272-4723 MARY JOSEPHINE HORNER ROY J. HORNER 4222 CARLISLE ROAD GARDNERS, PA 17324-9061 ROY J. HORNER 628 CARVER ROAD LEXINGTON, KY 40511-1633 lan H roan & 'eg, LLP aus ~ s ~2 DATE: ~ By: Melissa J. Cantwell, Esquire Attorney for Plaintiff + `Fln,1..i'Wri~~Ls r.. ~ , ~,: r t~4TN0~tOTAt~'~ ~~~~ SEA' -~ ~~ I0~ ! 2 ~^'~~~~~~~~o cou~rY ~-'~N~isYLVANIA 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 PHH MORTGAGE CORPORATION, F/K/A ERA Court'of Common Pleas MORTGAGE Plaintiff Civil Division vs. CUMBERLAND County MARY JOSEPHINE HORNER No.: 2012-120 ROY J. HORNER Defendants MOTION TO MAKE RULE ABSOLUTE PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE, 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 August 7, 2012. 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 July 24, 2012 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. 3. A Rule was issued by the Honorable Albert H. Masland on or about August 9, 2012 directing the Defendants to show cause by August 29, 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. 283402 4. The Rule to Show Cause was timely served upon all parties on August 16, 2012 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 August 29, 2012. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. he man & Schmieg, LLP DATE: By: a B ood, Esquire 283402 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 24, 2012 MARY JOSEPHINE HORNER MARY JOSEPHINE HORNER ROY J. HORNER ROY J. HORNER 6717 FINCASTLE TRAIL 4222 CARLISLE ROAD LOUISVILLE, KY 40272-4723 GARDNERS, PA 17324-9061 ROY J. HORNER 628 CARVER ROAD LEXINGTON, KY 40511-1633 RE: PHH MORTGAGE CORPORATION, F/KIA ERA MORTGAGE v. MARY JOSEPHINE HORNER and ROY J. HORNER Premises Address: 4222 CARLISLE ROAD GARDNERS, PA 17324 CUMBERLAND County CCP, No. 2012-120 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 July 30, 2012. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very t~tu~_._.~ ---~ ~~-°°°" C~~unn, Esquire Attorney for Plaintiff Enclosure 283402 fame end Phelan Iiallinen do Schmieg, LLP .ddreea ~ 1617 ]FIC Boulevard, Suite 1400 If Sender One Ptm- Center Plan PhiLde~hi~ PA 19103 AMO ine Article Number Nape of aad Past Olsoe Addroe P 1 +"++ MARY JOB1t~lE RORNER 50.45 ROY J HtIRtiER 6717 FINCASr!'LE TRAIL ICY X372-4723 2 •'•+ MARY JOl~T11INE HORNER 50.45 ROY J. IiORNER 4222 CARLISLE ROAD G PA 17314-!!61 3 • •*"• ROY J. NORNER S0.45 638 CARVER ROAD LEXIN 1(Y 4511-1633 RE: MARY J036PHB~IE 130RNRR CUMBERLAND PIL9M 283402 Pa 1 of 7 51.35 ri r~ a 70W I7ael0er ailtaeea Pomaalar,ltr (teams M lde Poe deeYUrim of value is iegsed m all domestic sad iae~Wiond nepstered awl. ids m sea lined dY 9eede Radved ~ Aop Olaoe Raaivo`Employee) fatde tsom~amioa oreneospiabta daaam®K sack E~fs: Atil dooumeet noooW~sfion Dias aodjeel m a deaf o(fl00,090 per oamnroe. TMs muinwm udenriry parable a Fxpae The auuiaws iadeomib' Dib'abk is S75.Op0 to mail, xm w~eh optional memaKe. ~ ~N A 0 ~i m ~N O~ ,' M N ~+ NO ~~~ O O Sash A Fe ~ z ~~~~ r ~' a~ J titi3d Z~`e~ Exhibit "B" '3 F~..~pµ~ ~~~ i ffV~~~f~~~"',t! s, ',~i l,k V t ,~aL~fl p~~.~~+f~I/171 qW~'{4~Vi W i~~ ¢ `~: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PHH MORTGAGE CORPORATION, F/K1A ERA Court of Common Pleas MORTGAGE , Plaintiff Civil Division v, CUMBERLAND County MARY JOSEPHINE HORNER No.: 2012-120 ROYJ.HORNER , Defendants RULE ~' ~` ~~' AND NOW, this. _,,,,,,_„ _,,,_ day of ~~~~~, 20'12, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs 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 ~..~ J _ - 283402 t i ~';i. ~}''~ w f`i~~ii~; Mitt i Phelan Hallinan & Schmieg, LLP ~`~~~ AUK ~ ! A~ j[J; C5 Melissa J. Cantwell, Esq., Id. No.3~~~ `~ ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 ' ~'~~~~~-A~~ GOi1~iT~' One Penn Center Plaza PEMN~YI.VANIA Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION, F/K/A ERA Court of Common Pleas MORTGAGE , Plaintiff Civil Division vs. . CUMBERLAND County MARY JOSEPHINE HORNEK . No.: 2012-120 ROY J. HORNER ° . , Defendants CERTIFICATION 4~' SERVICE ^T I hereby certify that a true and correct copy of the Court's August 9, 2012 Rule directing the Defendants to show cause as to why Plaintiff s Motion to Reassess Damages should not be granted was served upon the following. individuals on the date indicated below. MARY JOSEPHINE HORNER ROY J. HORNER 6717 FINCASTLE TRAIL LOUISVILLE, KY 40272-4723 MARY JOSEPHINE HORNER ROY J. HORNER 4222 CARLISLE ROAD GARDNERS, PA 17324-9061 ROY J. HORNER 628 CARVER ROAD LEXINGTON, KY 40511-1633 I}I'i~lan I-I iisan & ieg, LLP AUG 16 ?Q11 r -: DATE: _ ~__.__.... _ B .,~- ,~..~,..~-~ Y ~°~ Melissa J. Cantwell, Esquire Attorney for Plaintiff 283402 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 PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE Plaintiff vs. MARY JOSEPHINE HORNER ROY J. HORNER Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 2012-120 CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute were served upon the following individuals on the date indicated below. MARY JOSEPHINE HORNER ROY J. HORNER 6717 FINCASTLE TRAIL LOUISVILLE, KY 40272-4723 ROY J. HORNER 628 CARVER ROAD LEXINGTON, KY 40511-1633 MARY JOSEPHINE HORNER ROY J. HORNER 4222 CARLISLE ROAD GARDNERS, PA 17324-9061 ~/~ el linan & Schmieg, LLP DATE: ~/ ~ B Matth B wood, Esquire Attorne laintiff 283402 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff y,: .~i k~~' i- w f i , ~~ Jody S Smith Chief Deputy Richard W Stewart Solicitor L~'~7 ~f...l L7 l~is~~ ~~f~ v;3 CJ~~BERi_~N~ c;DUt~xY i'ENNSYLYA~I,~ PHH Mortgage Corporation vs. Mary Josephine Horner (et al.j SHERIFF'S RETURN OF SERVICE Case Number 2012-120 06/22/2012 03:16 PM -Deputy Michael Garrick, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 4222 Carlisle Road, Dickinson Township, Gardners, PA 17324. Cumberland County. 09/06/2012 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, PA on September 5, 2012 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Federal National Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST, $781.73 SO ANSWERS, ) ~~/ October 29. 2012 RONN R ANDERSON, SHERIFF ~~- ~oo~,~. ~ ass-~~. ~~ z ~ a ~~ PHH MORTGAGE CORPORATION, F/K/A ERA. . MORTGAGE Plaintiff v. . MARY JOSEPH [NE HORNER . ROY J. HORNER Defendant(s) . COUKT OF COMMON PLEAS CIVIL DIVISLON NO.: 2012-120 CUMBERLAND COUNTY PHS # 283402 AFFIDAVIT PURSUANT TO RULE 3129.1 PHH MORTGAGE CORPORATION, F'/K/A ERA MORTGAGE, 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 4222 CARLISLE ROAD, GARDNERS, PA 17324-9061. 1. Name and address of Owner(s) or reputed Owner(s): Name Address i if address cannot be bl MARY JOSEPHINE HORNER ROY J. HORNER ?. Name and address of Defendant(s) in the judgment reasona y ascertained, please so indicate) 6717 FINCASTLE TRAIL LOUISVILLEs, KY 40272-4723 6717 FINCASTLE TRAIL LOUISVILLE, KY 40272-4723 Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS AiBOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicatei None. 7. , Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected b~,~ the sale: Name Address (if address cannot be reasonabiy ascertained, please indicate) TENANT/OCCUPANT 4222 CARLISLE ROAD GARDNERS, PA 17324-9061 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 PITTSBTJRGH, PA 15222 U.S. DEPARTMENT OF JUSTICE 228 WALNUT STREET, SUITE 22[1 U.S. ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG, PA 17108-1754 FEDERAL BUILDING 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.~~. ~ -'I904 relating to unswonl falsification to authorities. Date: ~ 3~~2.. By: fn Hallman & Schmieg, LLP Michael Kolesnik, Esq., Id. No.308877 ney for Plaintiff PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE Plaintiff vs. COURT OF COMMON PLEAS CIVIL DIVISION N0.:2012-120 MARY JOSEPHINE HORNER CUMBERI,:AND COUNTY ROY J.HORNER Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY' TO: MARY JOSEPHINE HORNER ROY J. HORNER 6717 FINCASTLE TRAIL LOUISVILLE, KY 40272-4723 * *THIS FIRM IS A. DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSi.Y 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.x* Your house (real estate) at 4222 CARLISLE ROAD, GARDNERS, PA 17324-9061 is scheduled to be sold at 1:he Sheriff's 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 5107,484.29 obtained by PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance wAth 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 attornev's fees due. To find out how much you must pay, you may call: 215-~63-7000 x1230. ?. 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. 1. If the Sheril-f 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 ~i~wner ofthe 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 yau. C. You ma~~ 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 (34) days after the sale. The schedule shall be kept on file with the sheriff a_nd 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 ,betting 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 OFF'1CE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (71.7) 249-3166 (800) 990-9108 1 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in the Village of Goodyear, Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a nail in the center of Highway Route No. 34; thence by land now or formerly of Millard F. Beam, North 89 degrees West 76.7 feet to a fence corner; thence by the same, North 00 degrees l5 minutes West 40.6 feet to an iron pin; thence by the same and land now or formerly of Harry R. Beam, North 78 degrees West 260.3 feet to an iron pin on the right-of--way of Reading Railroad; thence by said right-of--way, North 04 degrees 45 minutes East 124.2 feet to an iron pin; thence by land now or formerly of John H. Group and Helen E. Group, his wife, South 85 degrees OS minutes East 339 feet to a point in the center of Highway Route No. 34~ aforesaid; thence by the center of said Highw;ry, South 2 degrees 15 minutes West 192 feet to the Place of BEGINNING. CONTAINII~TG 1.185 acres, more or less; and being improved with a frame dwelling house and frame garage. TITLE TO SAID PREMISES VESTED IN Roy 7. Horner and Mary Josephine Horner, h/w, by Deed from Brian D. Putney and Patricia A. Putney, h/w, dated 06/28/2002, recorded 07/0912002 in Book 252, Page 2970. PREMISES F3EIl~G: 4222 CARLISLE ROAD, GARDNERS, PA 17324-9061 PARCEL N0.08-42-3281-006 r SHORT DESCRIPTION By virtue of a Writ of Execution NO. 2012-120 PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE VS MARY JOSEPHINE HORNER ROY J. HORNER owner(s) of property situate in the TOWNSHIP OF DICKINSON, Cumberland County, Pennsylvania, being (Municipality) 4222 CARLISLE ROAD. GARDNERS. PA 17324-9061 Parcel No. 08-42-3281-006 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING .1LJDGMENT AMOUNT: $107,484.29 Phelan Hallman & Schmieg, LLP Attorney for Plaintiff 1.617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 WRIT OF EXECUTION andior A'['TACHMF.~T CO Y:ivIC~NWEALTH OF PENNSYL~'ANIAI C OU\T'r' OF CUMBERLAND) ti`O. 12-120 Ci~'il CIVIL ACTI(» ~ I.AVJ ~; O TI IE SHERIFF OF CUMBERLAND COUNTY: To s~~tisfv the debt, interest and costs due PHH MORTGAGE CORPORATION, f71u'a ERA MORTGAGE, Plaintiff (s) From 'MARY JOSEPHINE HORNER and ROY J. HORNER (f j You are directed to levy upon the property of the defendant (s)and to sell SEG. LEGAL DESCRIPTION . (~ i l`o~~ are also directed to attach the property of the defendant(s) not levied upon in tFe po:~s~essiim c GARNISHEE(S) as follows: and to no`ifv the garnishee(s) that: (a) an attachment has been issued: (b) the garnishees; :s enjoi~~ed from paving an~~ debt to or for the account of the defendant (s) and frorn delivering any property of the defendant (sir or oti~en~aise disposing thereof; ("~ `, If property of the defendant(s) not levied upon an subject to attachment is found in the posses[on of anyone other than a named garnishee, you are directed to notif_/ him!her that he/she has been added as a garnishee and is enjoined as above stated. Amount i?ue: S107,484.29 L.L.: y.50 Interest front 4/20/12 to Date of Sate 1.17.67 per diem) --- ~2,=I56.13 :1tt~~'s Comm: °-a Due Proth~ : X2.25 At~~~ Paid. S216.25 Other Costs: Plaintiff Paid: D~:i:e: 6%1i2012 ~.., ` ~) David D. B~ufell, Prothonot/ary~ Deputy RE:QGEST[l~'G PARTY: ~,~ame: JOHN_VIICHAEL KOLESNIK, ESQUIRE Address; PHELAN HALLIN.AN & SC'HMIEG, LLP 1517 JFK BLVD, SUITE. 1400 PHILADELPHIA. PA 1910:9 A`.tOrne4 tor: PLAINTIFF Telephone: 215-563-7000 Sril:reme Court ID No. 308877 -~~~` `,~F' y, F~~ ~" ~I=~~~JI~7 In Testimony w; iere~~f, ! h°~e .into set my hand and the e~al cf said Cqu~~ at Gar,isie, Fa. This day of.~t~~,~ e.. ~G Tsui ;onotary -y,~- / ~ On June 4, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Dickinson Township, Cumberland County, PA, known and numbered 4222 Carlisle Road, Gardners, PA 17324 more fully described on Exhibit "A"filed with this writ and by this reference incorporated herein. Date: June 4, 2012 By: lip cup ~ ~ 1 n. , . ~v ~~,r Claudia Brewbaker, Real Estate Coordinator ~Ii- , ..._ CIJMBERLAND LA~1 JOURNAL Writ No. 2012-120 Civil Term PHH Mortgage Corporation vs. Mary Josephine Horner Roy J. Horner Atty.: Francis S. Hallman By virtue of a Writ of Execution NO. 2012-120, PHH MORTGAGE CORPORATION, f/k/a ERA MORT- GAGE vs. MARY JOSEPHINE HORN- ERROY J. HORNER owner(s) of prop- erty situate in the TOWNSHIP OF DICKINSON, Cumberland County, Pennsylvania, being 4222 CARLISLE ROAD, GARDNERS, PA 17324-9061 Parcel No. 08-42-3281-006. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $107,484- .29. 59 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under ,4ct 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, anal 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: July 27, August 3, and August 10, 2012 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ie Coyne, SWORN TO AND SUBSCRIBED before me this 10 da o~ f August 2012 `~ ~~ ~, ~~~ ~~ Notary ~,' N~TAFi,AL SEAL C~EBORAH A CDLLiNS Notary Pue;lic CARLISLE HORDUGH, CUM6ERLAND CC,~N?'~' My Commission Expires Apr 2E, 20?~~ COMMONWEALTH OF PENNSYLVANIA ('OliNTY" OF CUMBERLAND SS I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Federal National Mortgage Association is the grantee the same having been sold to said grantee on the 5th day of September A.D., 2012, under and by virtue of a writ Execution issued on the l1 st day of June, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2012 Nurnber 120, at the suit of PHH Mortg_a e Corporation F/K/A ERA Mortgage against Marv Josephine Horner & Rov J. Horner is duly recorded as Instrument Number 201233346. IN TESTIMONY WHEREOF, I have hereunto set my hand ~; and seal of said office this -~~_ _____ _ __ __ day of ~~z _, A.D. ~©ia __ ~~~ ~~ ~ ~' :. 'Recorder of Deeds l~/ ~ m~ ~ ~` ~c~°~s, C.!zrr~serE~nd !;QUrriy, Carlisle, PA c.rr~~ssia~ E:,~ir~ ;hp ~i"54 l~ianday of Jan. 2014 T1~~ Patriefi Ple~^~ ~^. 21)~I`~ Technol~c~~r ak~nry :iuite 30t'. Me~llanicshl~ircl, F'A 'I i'I)50 Inq~laiiries - i'17-2':i5-.3:'13 CUMBEF;Lf~NI::~ C;C). SHERIFFS OFFICE CUMBERLANf:~ COU VTY COURT HOUSE ~11f }1dtC10[-.~JflUS Now you knbv~ CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly svvcrn according to law, deposes and says: That she is a Staff P,c:caantant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylv~:3nia. ~niith its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township oi' Hampden, County of ~~.umberland, 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-NlEws and The Sunday Patriot-News were established March 4th, 1854, and September 181;h, 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/ Comm~~l~nity 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 chararaer of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this s~:atement on behalf of ~1-he Patriot-News C;o. ~lfaresaid by virtue and pursuant to a resolution unanimously passed and adopted sevf~rally by tt'!e stockholders and board of director~~ of the said Company and subsequently duly recorded in the office for the Recording of Deecis in and for s~~id County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUE3LICATION COPY soil= IZ4 CMN Than ~ PHH Mor!Eppe CaP+~~oo _ ys Horner ~~aq~dS~~rHalNnen BY virtue of a wkit of Exe~vtion NO. 2012-120 PHH MOIC['GAGE CORPORATION, F/I(/A ERA MORTGAGE MARY JOSEPHINE HORNER ROY J. HORNER owner(s) of property situate in the TOWNSHIP OF DICIDNSON, Cumberland County, Pennsylvania, being (Muniapality) 4222 CARLISLE ROAD, GARDNERS, PA 1737A-9061,Parce1 No.08.42-3281-006 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING ~_-~ JUDGMENT AMOUNT. 5107,4&1.29 This ad ran on the date(s) shown below: 07/27/12 t f - ~_ \ , Sworn to and subscribed bore m hi ! f ~~ 08/03112 08/10112 .h 7 da)/~of August, 2012 A.D. ~~ k -'/ ! 1 i '. __'~ ~, , Notary Public car~rlarvw~~,~TH ~f ~er~~,,i~LV~NIA itiota~!a! ~zea! ~h ,. s rr, ~ ~v,=~E~~ Nnt,.~ry ?'u . is ~oa4; ~-,, ,. tvvr. . aupnsn~cur~y _ ~sy C:ornr;~;sy;or~ Expires r~ov. 25, 2015 __ w!E'N~iER f'~~'.fVYL~%rir;p ASS(1C'AiiCiP~ Of tv(iGHR?ES