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Home My WebLink About12-1800 -gar rT1 _-? ?._...,. U) PHELAN HALLINAN & SCHMIEG, LLP Joseph P. Schalk, Esq., Id. No.91656 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 285460 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION V. Plaintiff RODNEY L. DRAWBAUGH JACQUELINE L. DRAWBAUGH 4604 ENOLA ROAD NEWVILLE, PA 17241 Defendants TERM NO. lot- 1800 ?? ?%?? CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE O r75 p p A771 e I I fog grin R? a 7a c??9 File #: 285460 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 285460 Plaintiff is PHH MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 2. The names and last known address of the Defendants are: RODNEY L. DRAWBAUGH JACQUELINE L. DRAWBAUGH 4604 ENOLA ROAD NEWVILLE, PA 17241 who are the mortgagors and/or real owners of the property hereinafter described. 3. On 04/27/2009 RODNEY L. DRAWBAUGH and JACQUELINE L. DRAWBAUGH made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR CORNERSTONE FEDERAL CREDIT UNION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200915268. The PLAINTIFF is now the mortgagee and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C_P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 285460 6 The following amounts are due on the mortgage as of 11/22/2011: Principal Balance $318,653.64 Interest $5,916.20 07/01/2011 through 11/22/2011 Late Charges $430.25 Property Inspections $11.25 TOTAL $325,011.34 7 8. 9. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendants on the dates set forth thereon. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. File #: 285460 WHEREFORE, Plaintiff demands an in rem judgment against the Defendants in the sum of $325,011.34, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP Josh PJ Schalk, Esquire Atto ev for Plaintiff File #: 285460 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: Tract #I: BEGINNING at a stone at the public road; thence by land now or formerly of widow Barrick, North 4 3/4 degrees East, 50 perches to a hickory; thence North 11 1/2 degrees East, 19.2 perches to a post; thence by land now or formerly of John Doner, South 87 degrees East, 44 perches to a post; thence by land of Richard Walker, South 4 degrees West, 20 perches to a chestnut; thence by land now or formerly of Daniel Green, South 24 1/4 degrees West, 54 perches to a white oak; thence by the public road, North 84 1/4 degrees (erroneously stated as 4 1/4 degrees in prior Deed), West 27 perches to the place of BEGINNING. CONTAINING 17 acres and 6 perches. Tract #2: BEGINNING at a stone pile at the corner now or formerly of Jacob Nickey's land; thence by same South 87 degrees East, 43 1/2 perches to a post; thence by land now or formerly of Richard Walker, South 4 1/2 degrees West, 15 perches to a stone; thence by land now or formerly of Lydia E. Walker, deceased, North 87 degrees West, 44 perches to a post; thence by land now or formerly of Douglas Neil Gibson, Jr., North 12 degrees East, 15 1 /2 perches to the place of BEGINNING. File #: 285460 CONTAINING 4 acres and 17 perches. BEING a portion of the same property (Tract No. 2 and Tract No. 3 therein) which Randolph Anthony, et al., by their Deed dated May 4, 1957, and recorded in Cumberland County Recorder of Deeds Book'W', Vol. 17, Page 52, granted and conveyed unto Arthur S. Keck. PROPERTY ADDRESS: 45 BOBCAT ROAD, CARLISLE, PA 17015-9538 PARCEL # 14-04-0383-053 File #: 285460 VERIFICATION Dom Foye J ? ? ? , hereby states that he/she is t V, ?gf PHH MORTGAGE CORPORATION, Plaintiff in this matter, that he/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to uns-vvom falsification to authorities. By PHH Mortgage Corporation, I1?- I Dater-- PHS#: 285460 Name: DRAWBAUGH Its authorized agent, By 1?a" File #: 285460 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy - ?" r r 4 Richard W Stewart v f; Solicitor ?. PHH Mortgage Corporation Case Number vs. Rodney Lee Drawbaugh (et al.) 2012-1800 SHERIFF'S RETURN OF SERVICE 04/03/2012 08:36 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on April 3, 2012 at 2036 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Rodney Lee Drawbaugh, by making known unto himself personally, at 4304 Enola Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to him personally the said true and correct copy of the same. A UTS ALL, DEPUTY 04/04/2012 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: Rodney Lee Drawbaugh, 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 Rodney Lee Drawbaugh. Request for service at 45 Bobcat Road, Carlisle, Pennsylvania 1701 is vacant. 04/04/2012 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: Jacqueline Lee Drawbaugh, 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 Jacqueline Lee Drawbaugh. Request for service at 4604 Enola Road, Newville, Pennsylvania 17241 the Defendant was not found. Jacqueline Lee Drawbaugh currently resides at 4604 Enola Road, Newville, Pennsylvania 17241. 04/04/2012 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: Jacqueline Lee Drawbaugh, 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 Jacqueline Lee Drawbaugh. Request for service at 45 Bobcat Road, Carlisle, Pennsylvania 17015 is vacant. 04/05/2012 05:53 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on April 5, 2012 at 1753 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Jacqueline Lee Drawbaugh, by making known unto herself personally, at 342 Doubling Gap Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to her personally the said true and correct copy of the sa GU SHALL, DEPUTY SHERIFF COST: $121.00 April 09, 2012 SO ANSWERS, RON Y R ANDERSON, SHERIFF _, PHELAN HALLINAN & SCHMIEG, LLP ._ Attorney for Plaintiff Zachary Jones, Esq., Id. No.310721 01 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza i. !, R L p- ? 6 D COW Philadelphia, PA 19103 .`' ~ ?q E J i?:_- Y A IN IIits 215-563-7000 PHH MORTGAGE CORPORATION : CUMBERLAND COUNTY VS. RODNEY' L. DRAWBAUGH JACQUELINE L. DRAWBAUGH : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 12-1800-CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against RODNEY L. DRAWB UGH, and JACOUELINE L. DRAWBAUGH, Defendant(s) for failure to file an Answer to laintiff'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 $325,011.34 $325,011.34 I he certify that (1) the Defendants' last known addresses are 45 BOBCAT ROAD, CARLISLE, PA 17015-9538,4304 ENOLA ROAD, NEWVILLE, PA 17241-9739, and 342 DOUBLING GAP ROAD, NEWVILLE, PA 17241-9446, and (2) that notice has been given in accordancewith Rule Pa.R.C.P 237.1. Date JtornZary J V,squiree ey f CtM4 t 14. sb4? DAMAGES ARE HEREBY ASSESSED AS INDICATED. C? ?IR?3 LA DATE: `?- • PHS # 285460 PROTHONOTARY 285460 PHELAN HALLINAN & SCHMIEG, LLP Zachary Jones, Esq., Id. No.310721 1617 JFK Boulevard, Suite 1400 Attorney for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION VS. RODNEY L. DRAWBAUGH JACQUELINE L. DRAWBAUGH : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 12-1800-CIVIL TERM 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 RODNEY L. DRAWBAUGH is over 18 years of age and resides at 45 BOBCAT ROAD, CARLISLE, PA 17015-9538 and 4304 ENOLA ROAD, NEWVILLE, PA 17241-9739. (c) that defendant JACQUELINE L. DRAWBAUGH is over 18 years of age and resides at 45 BOBCAT ROAD, CARLISLE, PA 17015-9538 and 342 DOUBLING GAP ROAD, NEWVILLE, PA 17241-9446. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date Z At 141? uire Za ary JoV Attorney foa ti ff 285460 (Rule of Civil Procedure No. 236) - Revised PHH MORTGAGE CORPORATION : CUMBERLAND COUNTY VS. RODNEY L. DRAWBAUGH JACQUELINE L. DRAWBAUGH COURT OF COMMON PLEAS CIVIL DIVISION No. 12-1800-CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on J 3t ?? By: Jac If you have any questions concerning this matter please contact: Phelan Hallinan & Schmieg, LLP Zachary Jones, Esquire Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FARM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PR VIO USL Y RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONLYENtORCEMENT OFA LIENAGAINST PROPERTY" 285460 PHH MORTGAGE CORPORATION v. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 12-1800-CIVIL TERM RODNEY L. DRAWBAUGH JACQUELINE L. DRAWBAUGH Defendant(s) TO: JACQUELINE L. DRAWBAUGH 342 DOUBLING GAP RD NEWVILLE, PA 17241-9446 DATE OF NOTICE: _ I L j/ I-2, 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 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By;? chary Jan tiro Attorney for aint'tf4 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 285'460 PHH MORTGAGE CORPORATION V. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 12-1800-CIVIL TERM RODNIY L. DRAWBAUGH JACQUELINE L. DRAWBAUGH Defendant(s) TO: JACQUELINE L. DRAWBAUGH 45 BOBCAT ROAD CARLISLE, PA 17015-9538 DATE OF NOTICE: 2- 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 IMPOR'T'ANT 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. )F 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 FEF, OR NO FEE. Office of the Prothonotary Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 (717) 240-6195 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 .s' By: FiVt ft" hary Jones, Attorney for Plaintiff Phelan Hallinan & Schrnieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 285460 PHH MORTGAGE CORPORATION V. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 12-1800-CIVIL TERM RODNEY L. DRAWBAUGH JACQUELINE L. DRAWBAUGH Defendant(s) TO: RODNEY L. DRAWBAUGH 4304 ENOLA RD NEWVILLE, PA 17241-9739 DATE OF NOTICE: 2 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 I Courthouse Square Carlisle, PA 17013 (717) 240-6195 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717" 149-3166 By: ;chary 4Jones, e Attorney for Plaintiff Phelan Ilallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 285'460 PHH MORTGAGE CORPORATION v. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 12-1800-CIVIL TERM RODNEY L. DRAWBAUGH JACQUELINE L. DRAWBAUGH Defendant(s) TO: RODNEY L. DRAWBAUGH 45 BOBCAT ROAD CARLISLE, PA 1770115-9538 DATE OF NOTICE: f1 V 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 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA L7013 (717) , ?-3166 By: ary Jones, Attorney for P infi## Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PI-IS # 285460 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 PHH MORTGAGE CORPORATION Plaintiff v RODNEY L. DRAWBAUGH JACQUELINE L. DRAWBAUGH Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 06/01/2012 to Date of Sale ($53.43 per diem) TOTAL COURT OF COMM~N PLEAS CML DIVISION ~ N0.:12-1800-CIVIL ERM CUMBERLAND CO TY $325,011.34 $10,044.84 Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.3095 Attorney for Plaintiff Note: Please attach description of property. PHS # 285460 O ~a~~~~ ~ 1~3•?~ a« ~ ~ _Souq as ~~ °~ a-,a t~. you. ~,~ agooo~ tom'"' E~ Zct"~ ,.. ~-' -t w c~ l N G G's <.a O v t ao U.lrk ~ Q£75 ;~ ~~~ ~G `, ~-s~, --ate a LEGAL DESCRIPTION ALL THAT CERTAIN tract ofland situate in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: Tract # 1: BEGINNING at a stone at the public road; thence by land now or formerly of widow Barrick, North 4 degrees East, 50 perches to a hickory; thence North 11 1/2 degrees East, 19.2 perches to a post; thence land now or formerly of John Doer, South 87 degrees East, 44 perches to a post; thence by land of Ric Walker, South 4 degrees West, 20 perches to a chestnut; thence by land now or formerly of Daniel Gre South 24 3/4 degrees West, 54 perches to a white oak; thence by the public road, North 84 1/4 degrees, 27 perches to the place ~f RR('~1NNING. CONTAINING 17 acres and 6 perches. Tract #2: BEGINNING at a stone pile at the corner now or formerly of Jacob Nickey's land; thence by same South 87 degrees East, 43 1/2 perches to a post; thence by land now or formerly of Richard Walker, South 4 1/2 degrees West, 15 perches to a stone; thence by land now or formerly of Lydia E. Walker, deceased, No 87 degrees West, 44 perches to a post; thence by land now or formerly of Douglas Neil Gibson, Jr., North 1 degrees East, 15 1 /2 perches to the place of BEGINNING. CONTAINING 4 acres and 17 perches. SUBJECT TO aright-of--way and easement deed dated 11/12/2007, recorded 3/27/2008 in Instrument No. 200809396. ALSO SUBJECT TO a perpetual right-of--way easement dated 7!20/2007, recorded 6/5/2008 in Instrument NO.200818833. ALSO SUBJECT TO a communication system easement dated 1/28/2010 recorded 3/22/2011 in Instrument Number 201108939. TITLE TO SAID PREMISES VESTED IN Rodney L. Drawbaugh and Jacqueline L. Drawbaugh, h/w, by Deed from Ronald L. Keck, executor of the last will and testament of Arthur S. Keck, dated 03/29/2007, recorded 04/05/2007 in Book 279, Page 2381. PREMISES BEING: 45 BOBCAT ROAD, CARLISLE, PA 17015-9538 PARCEL NO. 14-04-0383-053 PHELAN HALLINAN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 = {? ~~-UF ~';~ One Penn Center Plaza '- ~~ =1~d~~ PR~TNa1~0~'A~t', Philadelphia, PA 19103 ~~' ~ A~~ ~ O ~~ ~~, 4 ~ 215-563-7000 PHH MORTGAGE CORPORATIOl~~~R~'A~~ ~~~~ P fi~YLYA~A Plaintiff v. RODNEY L. DRAWBAUGH JACQUELINE L. DRAWBAUGH Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COM CIVIL DIVISION N0.:12-18if0-CIV CUMBERLAND 1 The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above 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 ( ) Act 91 procedures have been fulfilled (X) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 authorities. Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff PLEAS ion to Pl-IH MORTGAGE CORPORATION Plaintiff v. ~i_.~~~-(~~~ r~~. €,~. 1~~~~4 i'ROTHaNQTA~t'i' RODNEY L. DRAWBA~~GHG 3Q AF9 IQ~ 49 JACQUELINE L. DR~~~~Q C~ ~NTY Defendant(s) P~NNSYLV~NIA COURT OF COMMON~PLEAS CIVIL DIVISION NO.. CUMBERLAND CO PHS # 285460 AFFIDAVIT PURSUANT TO RULE 3129.1 PHH MORTGAGE CORPORATION, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Pra Writ of Execution was filed, the following information concerning the real property located at 45 BOBCAT ROAD, CARLISLE, PA 1701 l . Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) RODNEY L. DRAWBAUGH 4304 ENOLA RD NEWVILLE, PA 17241-9739 JACQUELINE L. DRAWBAUGH 342 DOUBLING GAP RD NEWVILLE, PA 17241-9446 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) PAULINE E. KECK 35 S. THRUSH DRIVE C/O EDWARD L. SCHORPP, ESQUIRE CARLISLE, PA 17015 RONALD L. KECK IRWIN & MCKNIGHT, P.C. C/O MARCUS A. MCKNIGHT III, ESQUIRE 60 W. POMFRET STREET CARLISLE, PA 17013 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 Name Address (if address cannot be reasonably ascertained, please indicate) for the sale. None. r 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may b~ affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 45 BOBCAT ROAD ~ CARLISLE, PA 17015-9538 Commonwealth of Pennsylvania Bureau of Individual 6th Floor, Strawberry Sq. Taxes Inheritance Tax Division Dept 280601 Harrisburg, PA 17128 Department of Public Welfare, TPL Casualty Unit, P.O. Box 8486 Estate Recovery Program Willow Oak Building Harrisburg, PA 17105 ADAMS ELECTRIC COOPERATIVE, INC. 1338 BIGLERVILLE ROAD GETTYSBURG, PA 17325 THE UNITED TELEPHONE COMPANY OF 240 N 3RD STREET #201 PENNSYLVANIA, LLC, D/B/A CENTURYLINK HARRISBURG, PA 17101 THE UNITED TELEPHONE COMPANY OF 100 CENTURYTEL DRIVE PENNSYLVANIA, LLC, D/B/A CENTURYLINK MONROE, LA 71203 JACQUELINE L. DRAWBAUGH 19 WEST SOUTH STREET C/O MICHAEL A. SCHERER, ESQUIRE CARLISLE, PA 17013 RODNEY L. DRAWBAUGH C/O BRADLEY L. GIRFFIE & ASSOCIATES GRIFFIE, ESQUIRE 200 NORTH HANOVER STREET CARLISLE, PA 17013 Domestic Relations of 13 North Hanover Street Cumberland County Carlisle, PA 17013 Commonwealth of Pennsylvania P.O. Box 2675 Department of Welfare Harrisburg, PA 17105 Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 U.S. Department of Justice 228 Walnut Street, Suite 220 U.S. Attorney for the Middle District of PA PO Box 11754 Federal Building Harrisburg, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my persona knowledge or information and belief. I understand that false statements herein are made sub'ect to th penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: sy: Phelan Hallinan & ScTi g, LLP Allison F. Wells, Esq., Id. No.309519 Attorney for Plaintiff PHH MORTGAGE CORPORATION COURT OF COMMON FLEAS .~~~L.~~3-CF#~ fC~: ' ~~'~ ~~O~~CNQTAlaintiff CIVIL DIVISION [Uf2 At~G 30 AM 10~ 49 No.: vs. CUMBERLANfJ COUNTY RODNEY L. DRAWBAUGH PENNSYLYANfA JACQUELINE L. DRAWBAUGH CUMBERLAND Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: RODNEY L. DRAWBAUGH 4304 ENOLA RD NEWVILLE, PA 17241-9739 JACQUELINE L. DRAWBAUGH 342 DOUBLING GAP RD NEWVILLE, PA 17241-9446 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION O TAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN B UPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT NLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 45 BOBCAT ROAD, CARLISLE, PA 17015-9538 is scheduled to sold at the Sheriff s Sale on 12/05/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanove Street, Carlisle, PA 17013 to enforce the court judgment of $325,011.34 obtained by PHH MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement w 11 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, cost and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 xl 30. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the if the judgment was improperly entered. You may also ask the Court to postpone the sale for good c 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance ~ou will have of stopping the sale. (See notice on page two on how to obtain an attorney.) U MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND Y 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 ca11215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the prope y 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 heriff 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 f distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) d ys after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection i his office. This schedule will state who will be receiving that money. The money will be paid out in acco dance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with th 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 immed ately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED B LO TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE Z LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 Y SHORT DESCRIPTION By virtue of a Writ of Execution NO. 12-1800-CIVIL TERM PHH MORTGAGE CORPORATION vs. RODNEY L. DRAWBAUGH JACQUELINE L. DRAWBAUGH owner(s) of property situate in the TOWNSHIP OF LOWER FRANKFORD, Cumberland County, Pennsylvania, being (Municipality) 45 BOBCAT ROAia, CARLISLE, PA 17015-9538 Parcel No. 14-04-0383-053 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $325,011.34 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: Tract # 1: BEGINNING at a stone at the public road; thence by land now or formerly of widow Barrick, North 4 3/4 degrees East, 50 perches to a hickory; thence North 11 1/2 degrees East, 19.2 perches to a post; thence by land now or formerly of John Doer, South 87 degrees East, 44 perches to a post; thence by land of Richa~ Walker, South 4 degrees West, 20 perches to a chestnut; thence by land now or formerly of Daniel Green, South 24 3/4 degrees West, 54 perches to a white oak; thence by the public road, North 84 1/4 degrees, W 27 perches to the place of BEGINNING. CONTAINING 17 acres and 6 perches. Tract #2: BEGINNING at a stone pile at the corner now or formerly of Jacob Nickey's land; thence by same South degrees East, 43 1/2 perches to a post; thence by land now or formerly of Richard Walker, South 4 1/2 degrees West, 15 perches to a stone; thence by land now or formerly of Lydia E. Walker, deceased, North degrees West, 44 perches to a post; thence by land now or formerly of Douglas Neil Gibson, Jr., North 12 degrees East, 15 112 perches to the place of BEGINNING. CONTAINING 4 acres and 17 perches. SUBJECT TO aright-of--way and easement deed dated 11/12/2007, recorded 3/27/2008 in Instrument No. 200809396. ALSO SUBJECT TO a perpetual right-of--way easement dated 7/20/2007, recorded 6/5/2008 in Instrument N0.200818833. ALSO SUBJECT TO a communication system easement dated 1 /28/2010 recorded 3/22/2011 in Instrument Number 201108939. TITLE TO SAID PREMISES VESTED IN Rodney L. Drawbaugh and Jacqueline L. Drawbaugh, h/w, by Deed from Ronald L. Keck, executor of the last will and testament of Arthur S. Keck, dated 03/29/2007, recorded 04/05/2007 in Book 279, Page 2381. PREMISES BEING: 45 BOBCAT ROAD, CARLISLE, PA 17015-9538 PARCEL NO. 14-04-0383-053 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 12-1800 Civil CIVTL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION Plaintiff (s) From RODNEY L. DRAWBAUGH, JACQUELINE L. DRAWBAUGH (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: $325,011.34 L.L.: $.50 Interest FROM 6/1/2012 TO DATE OF SALE ($53.43 PER DIEM) - $10,044.84 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $272.25 Other Costs: Plaintiff Paid: Date: 8/30/2012 ~D David D. B ell, Prothonot fSeal) Deputy 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 T IN .THE COI?RT OF COMMON PLEAS OF CUMBERLAND COUNTY NENNSYLVANIA PHH MOK'TGAGL: CORPURA77ON Plaintiff Court of Common Pleas Civil Division ~. RODNEY L. DRAWBAUGfI JACQi11LINE L. DRAWF3AUGN CUMBERLAND County No.: I2-1800-CIVII, TERM Defendants RULE AND NOVV. this '~~~ ~~'`~ day of C~~~ ~c~ ~_20I2, a Rule is entered upon the Defendants to shoe cause ~~%hy 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 Plainti ff 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. S ~ ~a c~u .~ /%n { L. bra w ~ '~ ~'od~ ~j L, brrz~ba~~ ''~ ~d~j L. ~" fcz~~rl,H~c L b~~ba .~ ~Dp~eS µccr,• ~~d ~%~~/z BY THE COUR"I~ {f =- ~ / `~ .i . 285460 Allison F. Wells, Esq.. Id. No.309519 Phelan Hallman & Schmieg. LLP 1617.IFK Boulevard. Suite 1400 Philadelphia, PA 19103 ~I~I~L: ('? 1 ~) 563-7000 FAX: (2l 5 j 563-3459 RODNEY L. DRAWBAUGI I .1ACQUELINE' L. DRAWBAUGH 4604 ENOLA ROAD NEWVILI_,E. PA 17241 RODNEY L. DRAWBAUGI [ 4304 ENOLA RD '~iF,WViLI,E. PA 17241-9739 RODNEY L. DRAWBAUGH JACQUELINE L. DRAWBAUGH 45 BOBCAT ROAD CARLISLE, PA 17015-9538 JACQUELINE L. DRAWBAUGH 342 DOUBLING GAP RD NEWVILLE. PA 17241-9446 ~Q;a~n 285460 '?i ~ p~-, _ ~ ~'.," % ,.. ~ fJ ..~Ic~.~"~"~~~,L~Ca t~~'~r ~...t iieti;i i i~r-r t`~(C: PHELAN HALLINAN & SCHMIEG, LLP by: Allison F. Wells, Esquire, Atty. LD. No. 309519 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215)63-7000 PHH MORTGAGE CORPORATION Plaintiff r'. RODNEY L. DRAWBAUGH JACQUELINE L. DRAWBAUGH Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No.: 12-1800-CIVIL TERM PRAECIPE TO SUBSTITUTE EXHIBIT To the Prothonotary: Please attach the following Concurrence letter and Certificate of Mailing as Exhibit "B" to Plaintiff s Motion to Reassess Damages which was filed with the court on or about October 12. 2012. DATE: I. Phelan Hallinan & Sch~g; . Wells, Esquire for Plaintiff EXHIBIT "B" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 l?hiladelphia, PA 19103 (215)563-7000 FAX#: (215) 563-3459 Phe}an Hallman & Schmieg, LLP Representing Lenders in Pennsylvania and Ne«~ .Jersey Octuber ~, '?01.2 RODNF,Y L. DRAWBAUGH JACQUELINE L. DRAWBAUGH 4604 ENOLA ROAD NER'VILLE, PA 17241 RE: PHFI MORTGAGE CORPORATION v. RODNE~' L. DRAWBAUGH and JACQUELINE L. DRAWBAI,JGH Premises Address: 45 BOBCAT ROAD CARLISLE, PA 17015 CIJ~4BERLAND County CCP, No. 12-1800-CIVIL TERM 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 10/09/2012. Should you have further questions or concerns, please do not hesitate to eotltac-t me. Otherwise, please be guided accordingly. -~-°~° Ver} truly yours, _--,~:--'" fy, ,~ `y ~'111i~~ ~~~,~l~e.llfi- :.. Id. No.309519 .attorney for h'l~~ii~tit' L'nclosure :' 85460 -~dtsc ~,~waa~~37tvey ~tp~ Zt}1~p sst~tzrooo ~3 OL~` ~ w~ z o 3~ '~~ •I ~) Y a. ~ .a Q av ,°p, v .~ .~ ~ ~ r ~ ~ ~ < 3 Y ~ ~ a ~ ~ ~~ U• x~ c ~ ~ ,.~ ~ a as ~,. 4» a ni u - a`4Oa ~a ~~v c z¢o F, ~C.l N c v 00 N By: Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff v. RODNEY L. DRAWBAUGH JACQUELINE L. DRAWBAUGH Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No.: 12-1800-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Praecipe to Substitute F,xhibit was sent to the following individuals on the date indicated below. RODNEY L. DRAWBAUGH JACQUELINE L. DRAWBAUGH 4604 ENOLA ROAD NEWVILLE, PA 17241 RODNEY L. DRAWBAUGH: JACQUELINE L. DRAWBAUGH 45 BOBCAT ROAD CARLISLE, PA 17015-9538 RODNEY L. DRAWBAUGH 4304 ENOLA RD NEWVILLF„ PA 17241-9739 DATE: JACQUELINE L. DRAWBAUGI 342 DOUBLING GAP RD NEWVILLE, PA 17241-9446 Phelan Hallin~eg, LLP Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 4.- Phelan Hallinan & Schmieg, LLP .,,, , , ~ ~ . ` ~ `~ ~' C .'. Allison F. Wells, Esq., Id. No 309~~~1~' ~ ; ,-.~ 1617 JFK Boulevard. Suite 1400 - ~~ ~ ~ ~~ " ~ `'" ' :~ ti~ z . One Penn Center Plaza ~ ~~ Philadelphia, PA 19103 215-563-?000 PI-IH MORTGAGE CORPORATION Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Fleas Civil Division vs. RODNEY L. DRAWBAUGH CUMBERLAND Cuunty JACQUELINE L. DRAWBAUGH No.: 12-1800-CIV11. "TERN( Defendants CERTIFICATION OF SERVICE [ hereby certify that a true and correct copy of the Court's October 17, 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. RODNEY L. DRAWBAUGH JACQUELINE L. DRAWBAUGH 4604 ENOLA ROAD NEVv`VILL.E, PA 17241 RODNEY L. DRAWBAUGH 4304 ENOLA RD NEWVILLE. PA 17''41-9739 DATE: _ RODNEY L. DRAWBAUGH JACQUELINE L. DRAWBAUGH 45 BOBCAT ROAD CARLISLE, PA 17015-9538 JACQUELINE L. DRAWBAL~GI-I 342 DOUBLING GAP RD NEWVILLE. PA ]7241-x446 Phelan Hallina~/,, chmieg, LLP ~ i BY= ~: .-~son~F. QVells, Esq., Id. No.309519 Attorney for Plaintiff 2.85460 Phelan Hallinan & Schmieg, LLP ~ ' ` ~ ~~~~' ~ ~ ~~~ ~~ ~ ~ Melissa J. Cantwell, Esq., Id. No.3~(~~~~L~~~Y~ ~~~~;°~`{ ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 l,t.:`~~~SY~ lr~ ~,~ One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff vs. RODNEY L. DRAWBAUGH JACQUELINE L. DRAWBAUGH Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 12-1800-CIVIL TERM MOTION TO MAKE RULE ABSOLUTE PHH MORTGAGE CORPORATION, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on October 12, 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 October 2, 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 Christylee L. Peck on or about October 17, 2012 directing the Defendants to show cause by November 6, 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 October 31, 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". 285460 Defendants failed to respond or otherwise plead by the Rule Returnable date of November 6, 2012. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. P elan Hallinan & Schmieg, LLP DATE: By: Melissa J. Cantwel , sq., Id. No.308912 Attorney for Plaintiff 285460 Exhibit "A" 285460 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 October 2, 2012 RODNEY L. DRAWBAUGH JACQUELINE L. DRAWBAUGH 4604 ENOLA ROAD NEWVILLE, PA 17241 RE: PHH MORTGAGE CORPORATION v. RODNEY L. DRAWBAUGH and JACQUELINE L. DRAWBAUGH Premises Address: 45 BOBCAT ROAD CARLISLE, PA 17015 CUMBERLAND County CCP, No. 12-1800-CIVIL TERM Dear Defendants, Enclosed please fmd 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 10/09/2012. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very Duly yours, Allis~,,.3d1 cl. No:3Q9519 Attorney for Plainti Enclosure 285460 'O tt 00 N w .: 3 ;.f Exhibit "B" 285460 ,~> IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PHH MORTGAGE CORPORATION Court of Common Pleas Plaintiff . Civil Division v. CUMBERLAND County RODNEY L. DRAWBAUGH JACQUELINE L. DRAWBAUGH No.: 12-1800-CIVIL TERM Defendants RULE AND NOW, this ~~ ~~ day of C~C~C~~~c~012, 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 Courts, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT ~,. _ J. ~~: _ ~~.~ { ;;;~~ c~ •---~ `.~'~ ~pc~; "~ c'. ~• i:~ ,. _ 3 S 2854b0 Exhibit "C" 285460 Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff vs. ATTORNEY FOR PLAINTIFF Court of Common Pleas . Civil Division r~~ CUMBERLAND County RODNEY L. DRAWBAUGH ~-'~~~~:'- , JACQUELINE L. DRAWBAUGH ~ No.: 12-1800-CIVIL TERM Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 17, 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. RODNEY L. DRAWBAUGH RODNEY L. DRAWBAUGH JACQUELINE L. DRAWBAUGH JACQUELINE L. DRAWBAUGH 4604 ENOLA ROAD 45 BOBCAT ROAD NEWVILLE, PA 17241 CARLISLE, PA 17015-9538 RODNEY L. DRAWBAUGH JACQUELINE L. DRAWBAUGH 4304 ENOLA RD 342 DOUBLING GAP RD NEWVILLE, PA 17241-9739 NEWVILLE, PA 17241-9446 ~ , ~~~~_ z~a~~. Phelan Ilalliltmieg, LLP ~ ~ `.: ~,.._ ~ . DATE: By•. .=' ,~,.: ..: ..-....-~=--"` on F, ells; Esq., Id. No.30951 ~' ~ ~ :..~ ~> Attorney for Plaintiff ~-~ 285460 Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. CUMBERLAND County RODNEY L. DRAWBAUGH ; JACQUELINE L. DRAWBAUGH No.: 12-1800-CIVIL TERM Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiff s Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. RODNEY L. DRAWBAUGH JACQUELINE L. DRAWBAUGH 4604 ENOLA ROAD NEWVILLE, PA 17241 RODNEY L. DRAWBAUGH 4304 ENOLA RD NEWVILLE, PA 17241-9739 RODNEY L. DRAWBAUGH JACQUELINE L. DRAWBAUGH 45 BOBCAT ROAD CARLISLE, PA 17015-9538 JACQUELINE L. DRAWBAUGH 342 DOUBLING GAP RD NEWVILLE, PA 17241-9446 Phelan Hallinan & Sc 'eg, LLP DATE: ~ By; ssa J. Cantwell, sq., d. No.308912 Attorney for Plaintiff 285460 5 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION Plaintiff vs. RODNEY L. DRAWBAUGH JACQUELINE L. DRAWBAUGH Defendants Court of Common Plead-, c Civil Division rn ~ =~ r CUMBERLAND Coin G~ No.: 12-1800-CIVIL T1 v ~_., ~: _..{ .~ cs- c~~ u _.., r., , _.. ._., ~~ c~~~'~~ c--a _. , :.,~ ;~~: e, ;. . ~~ _.~ ORDER AND NOW, this jy ~/~ day of y~~?~"'`~'f`,~L012, upon consideration of Plaintiff's #motionQ to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tune as follows: Principal Balance $318,653.64 Interest Through December 5, 2012 $21,608.65 Per Diem $41.47 Late Charges $430.25 Legal fees $1,875.00 Cost of Suit and Title $1,148.75 Property Inspections $123.75 Property Preservation $1,244.00 Escrow Deficit $2,925.44 TOTAL $348,009.48 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. r/ ,Q~alwcy L• ~.~~ ha~,~ BY THE COURT: ~~ ~ ~~ J. 285460 PHELAN HALLINAN & SCHMIEG, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA ] 91.03 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION Plaintiff, COURT OF COMMON PLEAS v. RODNEY L. DRAWBAUGH JACQUELINE L. DRAWBAUGH Defendant(s) f~ i ~ E ~;+~'~~~a~~~ ~, Attorney for Plainttff :..kl ~ R1~~~•1 1 4 f~k$IH _ a~~ CUMBERLAND COUNTY CIVIL DIVISION No.: 12-1800-CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) 5S: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is at hed hereto Exhibit " ". issa J. Cantwell, Esquire Ndv ,) ~ 20'? Attorney for Plaintiff Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff s Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 285460 t 1~ i. u N 6 ~ o~ J a to - - a w N r o g s; g. 1i . ' . : . ' . : . '~ . : . : r r ~' ' 's : : x R' C ~ nr »~ ~ ~ ~ ~° av ~ na ~. ~ ~ M A ~ 3'~ ~} ~~d P!5- n~~ ~ ~ f ~ ~~ te ~ ~ ~ .. ~~ ~~ ~ ~ ~p . ~ ~ ~ ~ ~ ~ ~ ~ r - x ~ ~ ~ ~r 1 a. ~ 8 • '11 '1 ,o ~ { x ~ ~ C d ~ d as S7 ~ ~ ~ ~ ~ ~ ~ ~ C A ~ ~ "~ ~ ~~~ ~. ~ .., ~ ~ ~ ' iK, ~ o r ~. a~ ~. M SSS ~ ~..ppQ¢gg ti O Y~~ " o Q A ti '~~ . ~,~ .~ ~ G O ~ ~ V~Y O UAi O t'~'R O t!t O N P t#Al Q O~ O O Uai U UI tIV 4+! O Lwll :. ~~ ~ M '~ y e. See ~ ~~~~ . ~ Q 2 two ~ ~~• ~~° ~~ ~~ ;~ °~~~ ~~ b r. 3 s ±f ~~~~ ~~ ~r3 iSQ~ . ~~ aaa~azt~zss a~~~~ 2~J~2 _ ~ t~ut~rr ~o~n z~w coca ~ s ~ a 3 ,~ Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 2TA Cr:7 29 Li 1 15 t31iTy Y \ 1:--1 I A Attorney For Plaintiff PIHI MORTGAGE CORPORATION Plaintiff v. RODNEY L. DRAWBAUGH JACQUELINE L. DRAWBAUGH Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 12 -1800 -CIVIL TERM PRAECIPE TO THE PROTHONOTARY: Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. ri Please mark the above referenced case Settled, Discontinued and Ended. [7 Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. Z Please mark the in rem judgment Satisfied and the action Discontinued and Ended. Please Vacate the Judgment entered. terWk( Date: PH # 779288 PHELAN H By: Courtenay R. Dunn, Esq., Id. No.2 6779 Attorney for Plaintiff N, LLP Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff PHH MORTGAGE CORPORATION Plaintiff v. RODNEY L. DRAWBAUGH JACQUELINE L. DRAWBAUGH Defendant(s) Court of Common Pleas Civil Division CUMBERLAND County No. 12 -1800 -CIVIL TERM CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: RODNEY L. DRAWBAUGH JACQUELINE L. DRAWBAUGH 4604 ENOLA ROAD NEWVILLE, PA 17241 to['cr Date: PHELAN HALL By: Courtenay R. Dunn, Esq., l -d. No.2069 Attorney for Plaintiff LLP