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Home My WebLink About12-5234 G Thy PRJTH~NOTA~Y 2~E2 AUK 22 A~ 10~ 38 G~~M~~RLAND COUNTY PENNSYLVANIA I PHELAN HALLINAN & SCHIvIIEG, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevazd, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FREEDOM MORTGAGE CORPORATION 907 PLEASANT VALLEY AVENUE, SUITE 3 COURT OF COMMON PLEAS MT. LAUREL, NJ 08054 CTVII. DT~ISION Plaintiff v. 'TERM GARY DENNIS MARTELL, JR NO. JENENE PATRICIA MARTELL 9 COLUMBIA DRTi~E CUMBERLAND COUNTY CAMP HII.L, PA 17011-7634 Defendants CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE C.% G~ 75~~ Q Fle 300977 ~ ~ n ' a ~ ~ 3 a a 9 (o ~3 T 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 HIl2ING A LAWYER. IF YOU CANNOT AFFORD TO HIl2E 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 300977 1. Plaintiff is FREEDOM MORTGAGE CORPORATION 907 PLEASANT VALLEY AVENUE, SUITE 3 MT. LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) aze: GARY DENNIS MARTELL, JR JENENE PATRICIA MARTELL 9 COLUMBIA DRIVE CAMP HII.L, PA 17011-7634 who is/aze the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/09/2009 GARY DENNIS MARTELL, JR and JENENE PATRICIA MARTELL made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR FREEDOM MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No 200935363. By Assignment of Mortgage recorded 02/10/2011 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201105014.The mortgage and assignment(s), if any, are matters of public record and aze incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/2011 and each month thereafter aze due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified File 300977 _ _ _ _ r by written notice sent to Mortgagor, the entire principal balance and all interest due thereon aze collectible forthwith. 6. The following amounts are due on the mortgage as of 05/24/2012: Principal Balance $257,289.98 Interest $15,672.93 03/01/2011 through 05/24/2012 Late Charges $163.93 Escrow Deficit 3048.50 TOTAL $276,175.34 7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon. 9. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. File 300977 i WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of l $276,175.34, 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 HALL c C LP By: Allison F. We s, Esquire Attorney for Plaintiff File 300977 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situated in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the eastern side of a 50 feet wide road known as Columbia Drive which point, measured along the eastern side of Columbia Drive, is 80 feet south of the southeas corner of Columbia Drive and Citadel Drive and which point is also at the southwest comer of Lot No. 90 on the Plan of Lots hereinafter referred to; thence eastwardly along the southern line of Lot No. 90 aforesaid 125 feet to a point at the eastern line of Lot No. 105 on the Plan of Lots hereinafter referred to; thence southwardly along the eastern line of Lot No. 105 aforesaid 70 fee to a point, being the northern line of Lot No. 92 on the Plan of Lots hereinafter referred to; thenc westwardly along the northern line of Lot No. 92 aforesaid 125 feet to a point along the eastern side of Columbia Drive; thence northwardly along the eastern side of Columbia Drive 70 feet to a point, being the place of BEGINNING. BEING Lot No. 91 on the Plan known as Part of Plan No. 2, Cedar Cliff Manor, which Plan was approved by the Commissioners of Lower Allen Township on January 12, 1955 and is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 7, Page 13. UNDER AND SUBJECT, nevertheless to all restrictions, reservations, conditions, covenants, easements and rights of way of prior record. File 300977 I HAVING ERECTED THEREON a dwelling house being known and numbered as 9 Columbia Drive, Camp Hill, Pennsylvania i BEING THE SAME PREMISES which Ming Wei and Kun Wang, husband and wife, by Deed dated May 1, 2006 and recorded May 4, 2006 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Book 274, Page 1816, granted and conveyed unto Gary Dennis Martell, Jr. and Jenene Patricia Martell, husband and wife. PROPERTY ADDRESS: 9 COLUMBIA DRIVE, CAMP HII,L, PA 17011-7634 PARCEL # 13-24-0807-007 File 300977 I VIII VERIFICATION ~ ( ~ MAF1Y LUCY ,hereby states that he/she is V,iGt, c/K,b~~,,~ of LOANCARE, A DIVISION OF FNF SERVICING, INC., servicing agent for Plaintiff in th s matter, that he/she is authorized to make this Verification, and verify that the statemen s 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 stateme is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. FREEDOM MORTGAGE CORPORATION BY: LOANCARE, A DIVISION OF FNF SEVICING, INC., S ATTORNEY IN FACT UNDER LIMITE POWER OF TTORNEY Name: MA DATE: ~ a- Title: 'r~L,J~ File: 300977 Name: MARTELL File 300977 i FORM 1 IN THE COURT OF COMMON PLEAS FREEDOM MORTGAGE CORPORATION OF CUMBERLAND COUNTY, PENNS~LVANI 'sus Plaintiff(s) ~ c~a y. ~-xZ vs. -ro.r*; G rn-- ~T+ G7 "O d"""r GARY DENNIS MARTELL, JR Z" t~v ~ JENENE PATRICIA MARTELL Cn p s~ Defendant(s) - J~3 Civil ~ 0 NOTICE OF RESIDENTIAL MORTGAGE FORECL ~ U~ DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be ble to participate in acourt-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation confe ence. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 24 -9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge t you. Once you have been appointed a legal representative, you must promptly meet with that legal representative with' twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare d a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days oft e service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will h ve an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with y ur lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligibl for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a le al representative. However, you must provide your lawyer with all requested financial information so that a loan reso ution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format atta hed hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be file within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation confere ce is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out rea nable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: ~I I~~ Date r Allison F. Wells, Esquire Attorney for Plaintiff _ _ i • FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to det rmine possible options while working with your counseling agency. Please provide the following informatio to the best of your knowledge: Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ? No ? Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ? No ? Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: i Is the loan in Bankruptcy? Yes ? No ? . If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value: ~I Home: $ $ Other Real Estate: $ $ li Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile # 1: Model: Year: Amount owed: Value: Automobile #2: Model: Year: Amount owed: Value: Other transportation (automobiles boats motorcycles)• Model: Year: Amount owed: Value Monthly Income Name of Employers: 1 • Monthly Gross Monthly Net 2• Monthly Gross Monthly Net 3 • Monthly Gross Monthly Net Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mort a e Food 2° Mort a e Utilities Car Pa ent(s Condo/Nei .Fees Auto Insurance Med. not covered Auto fuel/re airs Other ro a ent Install. Loan Pa ment Cable TV Child Su ort/Alim. S endin Mone Da /Child Care/Tuit. Other Ex enses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ? No ? If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: I i - i _ - Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ? No ? If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve yo r delinquency? Yes ? No ? If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: UWe, ,authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluat ng my financial situation for possible mortgage options. UWe understand that Uwe am/are under no obligatio to use the counseling services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender' counsel: 1. Proof of income 2. Past Z bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (har ship letter) 6. Listing agreement (if property is currently on the market) AFFIDAVIT OF SERVICE PLAIN'P1F'F CUMBERLAND COUNTY FREEDOM MORTGAGE CORPORATTON PHS # 300977 DEFENDANT SERVICE TEAM/ clo GARY DENNIS MARTF,LL, JR COURT NO.: 12-5234-CIVIL JENENE PATRICIA MARTELL ~_ ~~ SERVE GARY DENNIS MARTELL, JR AT: TYPE OF ACTION ~~~ ~ ~_ 29589 WHARTON COURT XX Mortgage Foreclosure a.....,. NOV1, MI 48377 XX Civil Action ,.. ,_ ,-. SERVED (, Scr~cd and made known to GARY DENNIS MARTELL, JR , Defendant on the ~~tlay of ~~~L~L_^ ~ _~• ?~ -~ ``~ P. s89 (~ a+'~n av~ ya~~ ~ ~~ <i clock M., at ~~. in the manner described below: ~fendant personally served. __ _ .'adult family member- with whom Defendant(sj 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 , Description Age ~ Height ~ Weight ~b Race l~ Sex ~ Other I ~~ ~Z~J~rkaSk' _, 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 cnsc on the date and at the address indicated above. Sworn to and subscribe~il before me this p~'~ day of . ?0~ GERMAINE RUTKOWSKI NOTARY PUBUCSTATE OF MICHIGAN COUNTY OF OAKLAND MY COMN!SSION !" :?IRES . rG/' Notar 'a/Y~'1-aka By: i~~Q elL(, NOT SERVED On the _ day of , 20_, at o'clock _. M.. I,_ , a competent adult hereb} state that Defendant NOT FOUNi~ ecause: Vacant Does Not Exist _ Moved __ Does Not Reside (Not VaeanU -- `~o Answer on at at S~rvicc Refused Other: S~~~trn to and subscribed !, ,:'c ,, ~ !!.is ~!a~~ ` --- of --- -~ 20--~ By' Kota r~ : ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esy., 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, Esy., Id. No. 86657 Andrew L. Spivack, Esy., Id. No. 84439 Chrisovalante P. Fliakos, Esq.. Id. Ao. 94620 Courtenay R. Dunn, Esq.. Id. No. 206779 Allison F. Wells, Esy., Td. No. 30919 Melissa J. Cantwell, Esq.. Id. No. 308912 Mario J. Haoyon, Esq., Id. No 203993 Andrew J. Marley, Esq., Id. Nn. 31231 Robert W. Cusick, Esq., Id. No. 80193 John M. K.olesnik. Esq., Id. No. 308877 Matthew G. Brushwood, Esq., Id. Vo. 310592 Zachary J. Jones, Esq., id. No. 310721 Justin F. Kobeski, Esy.. ld. 'Vo ?O(Li92 One Penn Center at Suburban Suttitm t ~ AFFIDAVIT OF SERVICE PLAN"CIFF CUMBERLAND COUN'CY F'RFI%DO1VI MORTGAGE CORPORATION PHS # 300977 DFFF;NDANT SERVICE TEAMI clo GARY DENNIS MARTELL, JR COURT NO.: 12-5234-C[VII. _ ,IENI?NF, P ~TRICIA MARTELL SERVE J~%NENE PATRICIA MARTELL AT: 'CYPE OF ACTION i_ i 29589 WftARTON COURT XX Mortgage Foreclosure NOVI, MI 48377 XX Civil Action SERVED ~p .' Screed and made known to JENENE PATRICIA MARTELL , Defendant on thc~~ day of ~v, -~~ ~0 ~~- cicluck~. M., at ~, n~the manner described below: efendant personally served. ___ 4dult family member with whom Defendant(s) reside(s). Relationship is ___ _ .Adult in charge of Defendant's residence who refused to give name or rcla[ionship. Vlanagcr/Clerk of place of lodging in which Defendant(s) reside(s). ?gent or person in charge of Defendant's office or usual place of business. an ofticer of said Defendant's company. Other. r Description: Age ~_ Height -? ~ I~ Weight ~ 5o Race~~t~Sex ~ Other _ I.~ ~ ~I~hOSkl a competent adult, being duly sworn according to law, depose and state that f personally handed a true and correct copy of the Foreclosure Complaint in the manner as set forth herein, issued in the captioned case on tl~e date and at the address indicated ,above. Sworn to and subscribecil befor m~ this ~.~ day of ~<~7~__, 20~~- No;arv: F~.li2'J'71ghL~ BY~ ~~r On the~~7i , 20_. at Det~cndant NOT FO ecause: GERMAINE RUTKOWSKI NOTARY PUBLICSTATE OF MICHIGAN COUNTY OF OAKLAND MY COMMISSION EXPIRES JULY 8, 9 ,~'` CTING IN THE COUNTY OF NOT SERVF,D o'clock _. M., I,_ , a competent adult hereby state that Vacant Does Not Exist _ Moved __ Does Not Reside (Not Vacant) -_- No .Answer on at _ at -- - Scrvice Refused Other: Sworn tc~ and subscribed bcfc~rc me [his day of , 20_. By: Notary : ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 3222'7 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq.. Id. No. 62205 Michele M. Bradford, Esq., [d. 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 Chrisovatante P. Fliakos_ Esq., ld. Vo. 94620 Courtenay R. Dunn, Esq.. Id. No. 206779 Allison F. Wells. Esq., [d. No. 309519 Melissa J. Cantwell, Esq., [d. Pvo. 308912 [Mario J. Hanyon, Esq., ld. Nu. 203993 Andrew J. Marley. Esq.. Id. No. 3 I Z 314 Robert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq., Id. No 308877 Matthew G. Brushwood, Esq., Id. No. 310592 Zachary J. Jones, Esq.. Id. No. ~ 10721 Justin F. Kobeski, Esq.. Id. No. 200392 One Penn Center at Suburban Station OF 7FILED-OFFICE ARY PHELAN HALLINAN, LLP Attorney for Plaintiff 20013 APP 17 All 10: 0 One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 OU4BERLAND COUNTY OU Philadelphia, PA 19103 PENNS YLV COU Zachary.Jones@phelanhallinan.com 215-563-7000 FREEDOM MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. CIVIL DIVISION GARY DENNIS MARTELL, JR NO. 12-5234-CIVIL JENENE PATRICIA MARTELL Defendants MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan, LLP, petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above-captioned Defendants, GARY DENNIS MARTELL, JR and JENENE PATRICIA MARTELL, by certified mail and regular mail to GARY DENNIS MARTELL, JR and JENENE PATRICIA MARTELL at 9 COLUMBIA DRIVE, CAMP HILL, PA 1 701 1-7634 and 29589 WHARTON COURT,NOVI, MI 483777 and posting 9 COLUMBIA DRIVE, CAMP HILL, PA 1 701 1-7634 and publication pursuant to PA.R.C.P. 3129.2 (D) and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for June 5, 2013. 2. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) 3129.2 requires that the Defendants be served with a notification of Sheriffs Sale at least thirty (30) days prior to the scheduled sale date. 3. Attempts to serve Defendants, GARY DENNIS.MARTELL, JR and JENENE PATRICIA MARTELL, with the Notice of Sale at the mortgaged premises, 9 COLUMBIA DRIVE, CAMP HILL, PA 17011-7634, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". No service was made as the property is vacant. 4. Attempts to serve Defendants, GARY DENNIS MARTELL, JR and JENENE PATRICIA MARTELL, with the Notice of Sale at, 29589 WHARTON COURT, NOVI, MI 483777 have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". No service was made as there was no response from the Defendants. 5. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendants. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". 6. Plaintiff contacted the Prothontary's Office and as of April 1, 2013, no Judge has previously entered a ruling in this case. 7. In accordance with CUMBERLAND County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendants on April 3, 2013 and requested Defendants' concurrence. Plaintiff did not receive any written response from the Defendants. A true and correct copy of Plaintiffs April 3, 2013 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 8. Plaintiff submits that it has made a good faith effort to locate the Defendants, GARY DENNIS MARTELL, JR and JENENE PATRICIA MARTELL, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale upon Defendants in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to GARY DENNIS MARTELL, JR and JENENE PATRICIA MARTELL at 9 COLUMBIA DRIVE, CAMP HILL, PA 17011-7634 and 29589 WHARTON COURT, NOVI, MI 483777 and posting 9 COLUMBIA DRIVE, CAMP HILL, PA 1701 1-7634 and by publication. I Phelan Hall'in LLP DATE: r By: ZaId. No.310721 A y ff PHELAN HALLINAN, LLP Attorney for Plaintiff "One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 Zachary.Jones@phelanhallinan.com 215-563-7000 FREEDOM MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. CIVIL DIVISION GARY DENNIS MARTELL, JR NO. 12-5234-CIVIL JENENE PATRICIA MARTELL Defendants PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendants Notice of the Sale of the mortgaged premises. Specifically, Pa.R.C.P. Rule 3129.2(c)provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402(a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy in the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if service cannot be made as provided in subparagraph (A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment,the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendants, GARY DENNIS MARTELL, JR and JENENE PATRICIA MARTELL, are unknown, a reasonable investigation of their last known address was made in accordance with Pa.R.C.P. 430(a). Pennsylvania Rule of Civil Procedure Rule 430(a)provides as follows: (a) If service cannot be made under the applicable rule the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A sheriff's return of"not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales v. Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a "good faith effort" to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends, and employers of the defendant, and (3) examinations of local telephone directories, voter registration records, local tax records and motor vehicle records. As indicated by the return of service, hereto as Exhibit "A", the process server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendants has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B". WHEREFORE, Plaintiff respectfully requests the allowance of service of the Notice of Sale upon Defendants in accordance with Pa.R.C.P. Rule 430 by certified and regular mail to GARY DENNIS MARTELL, JR and JENENE PATRICIA MARTELL at 9 COLUMBIA DRIVE, CAMP HILL, PA 17011-7634 and 29589 WHARTON COURT, NOVI, MI 483777 and posting 9 COLUMBIA DRIVE, CAMP HILL, PA 17011-7634 and by publication pursuant to PA.R.C.P. 3129.2. I II Phelan Halli dn, L DATE: "[' C By: Za ry J Eq., Id. No.310721 me r l 'ntiff PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 Zachary.Jones@phelanhallinan.com 21.5-563-7000 FREEDOM MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. CIVIL DIVISION GARY DENNIS MARTELL, JR 'NO. 12-5234-CIVIL JENENE PATRICIA MARTELL Defendants CERTIFICATE OF SERVICE I hereby certify that true and correct copies of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification of Service and Exhibits in the above captioned matter were sent by first class mail, postage prepaid to the following interested parties on the date indicated below. GARY DENNIS MARTELL, JR JENENE PATRICIA MARTELL 9 COLUMBIA DRIVE 9 COLUMBIA DRIVE CAMP HILL, PA 17011-7634 CAMP HILL, PA 1 701 1-7634 GARY DENNIS MARTELL, JR JENENE PATRICIA MARTELL 29589 WHARTON COURT 29589 WHARTON COURT NOVI, MI 483777 NOVI, MI 483777 Phelan Hallinan, LLP DATE: ` �l� �� By: Z a ne , Esq., Id. No.310721 to fo Plaintiff EXHIBIT "A" ;° 30097'7 ti l I AFFIDAVIT OF SERVICE , PLAIN11W CUMBERLAND COUNTY FREEDOM MORTGAGE CORPORATION PHS 0300977 DEFENDANT SERVICE TEAM/Ixh GARY DENNIS MARTELL,JR 'COURT NO.:12-5234-CIVIL JENENE PATRICIA MARTELL SERVE GARY DENNIS MARTELL,JR AM TYPE OF ACTION 9 COLUMBIA DRIVE. XX Notice of Sher(11's Sale CAMP HILL,PA 17011.7634 SALF,DATE: June 5,2013 SERVED, Served and made known to GARY-DENNIS MARTELI,IR,Defendant on the day of 20_,at ' _,o'clock_.M.,at - .in the manner described below: _Defendant personally served:. _Adult family member with whom Defandant(s)reside(s). i 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 chargb of Defendant's office cr usual place of tmsiness. _ - -- an officer of said Defendant's company. Other: _- Description: Age Height Weight Race=.Sex_Other_ I, _ _ — __ ,;a competent adult,hereby verify that I personally banded a true and eetrect copy of the Notice of Sheriffs Sale in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa.C.S.Sec.4904 relating to unsworn falsification to authorities. DATE: NAME:. - PRINTED NAME: - 77TLE:, NOTSERVED Oii,llre•'/J B t1Ty:af- 20L,at_o'clock M.,I �C SGAYfO9 n competent adult hereby yp ;Ypl'e:tl'it X7riu'Lnnt�)URRSlahauxei ,,Yy.df _Does Not Exist _Moved _Does Not Reside(Not Vacant) _No Answer on at at _Service Refused Other. I understand that this statement is made subject to the penalties of IS Pa, C.S. See. 4904 relating m unswurn Talsifw0j'�f"J�1i ututhailies. IIY:-14 i�l PIiINI_D AME: tllYjj». I P•jf7�_U(J AfmItN^� LAINT'n Phelnn Hullinan,TAX 16171PK Boulevard,Suite 1400 Onc Penn Cent"Plant Philadelphia,PA 19103 (215)563-700D e AFFIDAVIT OP SERVICE PLAINTIFF CUMBERLAND COUNTY FREEDOM MORTGAGE CORPORATION PHS N 300977 DEFENDANT SERVICE TEAM/ldr GARY DENNIS MARTELL,JR COURT NO.:12-5234•CIVIL JENENE PATRICIA MARTELL SERVE JENENE PATRICIA MARTELL AT: TYPE OF ACTION 9 COLUMBIA DRIVE XX Notice of SheriiTs Safe CAMP HILL,PA 17011.7634 SALE DATE: June 5,2013 SERVED Served and made known to JE NE EATRICIA MARTELL.Defendant on the_day of- 20 at _,o'clock_.M„at ;in the manner described below: _Defendant personally serdetl. _Adult family member with whom Defendants)reside(s). Relationship is _Adult in charge of Defendant's residence who refused to give name or relationship. _Manager/Clerk of place of lodging in which Defendant(s)reside(s). _Agent or person in charge of Defendant's office or usual place of business. _ .,an officer of said Defendant's company. _Other: Description: Age Height Weight Race_ Sax_other _ _ 1, . p competent adult,hereby verify that I personally banded a true and correct copy of the Notice of Sheriffs Sale in the manna as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to Ole penalties of 18 Pa.C.S.Sec.4904 relating to unsworn falsification to authorities. DATE: NAME, PRINTED NAME: TITLE:, p /p / *a s_JkV r� t On the dayy of �K� 20 L.7 a[('—� o'e[onk Ivf.�.7,, P.t�t' - Ur+I,F� competent adult hereby state tha�endant NO"I'POUND-because: i Vacant —Dom Not Exist _Moved- _Does Not Reside(Not Vacant) " No Answer on a[. ... .af. _Service Refused Other: I understand)liar ibis statement is made subject to the penalties of 18 Pa. C.S. Sea 4904 relating to unsworn ('alsifP2,aI h' flu• ItlttiPities: BY: pRfI'rD 1iAfiH;.. P6G}t:1 (ti-1 ATTORNEY F'ORPLAINTIFF Phelan Hallinen,LLP . 1617 JFK Boulevard,Suite 1400 f One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 1� A Process Server Check List If Service Is Made : Spouses Names if Applicable 1 Wife :, — Husband: w Divorced: Yes ( ) No ( ) ! - -- -------- -- - -- - - - - -- -- - -- -- - --- -- No Seryice Made 1 . Vacant : Yes ( xl No ( ) 2 . Is there a name on the mailbox? Is it the defendants? 3 . Neighbor Contact: Yes ( ) No ( ) Left Side : ?P Right Side : 4 . For Sale Sign: Yes ( ) No Realtor Name: Company Name: _ _- Phone Number: 5 . Car in Drive Way Yes ( ) No O< ) Plate Number. : AFFIDAVIT OF SERVICE �. PLAINTIFF CUMBERLAND COUNTY FREEDOM MORTrAGR CORPORATION '~ PHS#300977 DEFENDANT SERVICE TFA Mf txh GARY DENNIS MARTELL,JR COURT NO.:12.5734-C NTT, JENENB PATRICIA MARTELL SERVE GARY DENNIS MARTELL,JR AT: TYPE OF ACITON 29589 WHARTON COURT JIX Notice of SherttT'a Sale NOVLMt48377 SALE DATE: June 5,2013 SERVED RVED Served and made known to iOARY DENNIS))AkkTEt`i�m Defendant on the—day of - ,20—at ( o'clock M.,at ,in the manner described below: Defendant personally served. ` Adult family member with whom Defendant(s)reside(s). Relationship Adult•in sfiarge or.Derendwit's rrstilem6witu idr om 1'to give name orl6donship." `;Tv`fiutxtga`101iRli orpldcoxrClrxlgitrgin:+vhEelf Dettn(lant(s)re.'slde(s),. Agent of baleddhnfe Office Or usual Place of bU$inesk ;un ofGce r of said Dchendant's.company. ~Other.. _ Description: Age Height Weight Race_ Sex—Other- I, a competent adult,being duly sworn according to law,depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sate in the manna asset forth herein,issued in the captioned ease on the daze and at the address indicuod above. l Sworn to and subscribed before me this._,day of 20_ Notary: Rr. �,W SEED b"�7' On the day of tYtpp��f�..tt 2qj at!r.!-$''dclock Q X.II, 'roof!( ?Ldlrlf5kh competent adult hereby state that en ant NUTFOONI3tierab e: _Vacgut _Does Not Exist _Moved _Does Not Rtside(Not Vacant) ^ I; 33 i S�e+j s/s/13 Xdo Answeron, 2)23Uat 1010060 i1a- � ? 1X t •_ 119 ®ll r.�ogt�f _Service Refused 918113 8tcPAMj g(sj(j 5:40m - Ltl+- mull, Lortis+nc, (Alts. Other: Sworn to and subscribed befo me rs day p �1r't 2I12�i3 (',al 3790PmJ t�dpnp Mrl(E a ofd � , —7.Oj. By:- �IS'-16 Y f5 WjJ•i G`0 .7yob, red ha'r) Notary: hTTORNKI"Fon'PI;AT11:t fN ` , + + + 4nx1an Haliinan.113' rat cc ott1'{ldr,ll- t5.Ao4- ha»e,Li4 Gail, 1617 JPK Boulevard,Suite 14M One Penn Crnter Plaza lntiladclphin,PA 19103 (215)563-7000 GERMAINE RUTKOWStq NOTARY PUM CSTATE OF KCHiGAN COUNTY OF OAKLAND • °•" WCOAMe9SSiONEXPIRES JULY a, S /� ACTING IN THE COUNTY OP a AFFIDAVIT OF SERVICE PLAINTIFF'F I CUMBERLAND COUNTY FREEDOM MORTGAGE CORPORATION ED PHS tt 300977 DEFENDANT SERVICE TEAM/bh GARY DENf�S MARTELL,JR COURT NO.:12.5234-CPM JENENE PA`I•RICIA MARTELL SERVE JENENE PATRICIA MARTELL AT: TYPE OF ACTION 29589 WHARTON COURT JCR Notice of Sherlfl's Sale NOW,MI 48377 SALE DATE: June 5,2013 1 �P SERVED ' Served and made known tc JXNENE PATRICIAMARTEC J1 Defendant on the_dayof ,20 at _,o'clock_.M.,at _ .in the manner described below: _Defendant personally served. - _Adult family member with whom Defendant(s)reside(s). - Relationship is _Adult in charge of Defendant's residence-Who refused to give name or relationship. _Man ager/Cl crk of place of lodging in which Delendant(s)reside(s). _Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. f 7 _Other. Description: Age Height Weight Raw_ Sex_Other _ 1, a competent adult,being duly swam according to law,depose and state that I personally handed a true and correct copy of The Notice of Sheriffs Sale in the mainner as set forth herein,issued in the captioned case on the date and at the address indicated above. Swam to and subscribed before me this_day of _ - - ,20_. Notary. Ey: . l-1QT On the day of r9R(.H 0.(3,atZ_tLf'o'cicck,QM.,4_Tudpl Zwnrker/[,i competent adult hereby state that Defendant %WUi ause: - _V4ant _Dogs Not Exist —Moved _Does Not Reside(Not Vacant) N No Answer on-2bsb3-atloeouviw� a]3'�[ dtI.+S31tI3 ® T:ISy•+, ) 313111 Brlr3omn Service Refused _91'1J13 (9 SWA/r^) 3/5113 ® S:vSpN'1 -1vf+ mulf^ COfots, (V Calls. Other. 'Sworn to and-stibsetibed' o fgryritcll'sday .Dy' ATI ORN Y16R YLAr Nothrryy: E r ]NT7FF (}yt oP)ssiz.113 O 3130PMt y0•t/'3 ^4 Phelan Hallman,UP �,h�q 1617 JFK Boulcvmd,Suite 1400 (15-14y rs oat w11^'tl G'ol 14o Ihr/�Yd lwi' iV✓�'?�""K One Penn Center Plain J� I &Y Philadelphia,PA 19I03 $a 10( C.le-rEll�^�7't- l5 N('ll-' /`OrkP• '�->'7'tcJ (215)563-7000 GERfI WERMOYPBNI NOTARYPUBUCSTATEOPMCHIGAN .COUNTYOFOAKLAND • W CONMBSION EXPIRES JULY S,TO,9/ ACRNG N THE COUN7YOF L EXHIBIT "B " 300977 I AFIR DAVIT OF GOOD FAITH INVESTIGATION File Number: 300977 Attorney Firm: Phelan,Hallinan&Schmieg,LLP Subject: Gary Dennis Martell Jr.&Jenene Patricia Martell Property Address: 9 Colombia Drive,Camp Hill,PA 17011. Possible Mailing Address: (Gary Dennis Martell Jr.)29589 Wharton Court, Novi,MI 48377 1. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to'be true and correct Gary Dennis Martell Jr.-xxx-xx-2646 Jenene Patricia Martell-025-62-xxxx B. EMPLOYMENT SEARCH Gary Dennis Martell Jr. &Jenene Patricia Martell-A review of the credit reporting S Pr agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Gary Dennis Martell Jr.reside(s) at:29589 Wharton Court, Novi,MI 48377&Jenene Patricia Martell reside(s)at: 9 Columbia Drive,Camp Hill,PA 17011. 11.INQUIRY OF TELEPHONE COMPANY A, DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases,which had no listing for Gary Dennis Martell Jr.&Jenene Patricia Martell. ` B. On 03-21-13 our office searched directory assistance databases,which had no phone numbers for Gary Dennis Martell Jr. &Jenene Patricia Martell. r III. INQUIRY OF NEIGHBORS On 03-21-13 our office made several phone calls in an attempt to contact'Kelli J, Sebastian(717)737-8903, 8 Columbia Drive,Camp Hill,PA 17011:answering machine. On 03-21-13 our office made a phone call in an attempt to contact Daniel Holcomp (717) 412-7207,6 Columbia Drive,Camp Hill,PA 17011:disconnected. On 03-21-13 our office made several phone calls in an attempt to contact Eric A.Gates (717)737-9033,4 Columbia,Drive,Camp Hill,PA 17019:answering machine. On 03-21-13 our office made a phone call in an attempt to contact Paula J.Simmons (248)313-0167,29611 Wharton Court,Novi,MI 48377: disconnected. Using our white pages database our office was unable to locale any additional neighbors for 29589 Wharton Court, Novi,MI 48377. ICS r IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 03-21-13 we reviewed the National Address database and found the following information:Gary Dennis Martell Jr.-29589 Wharton Court,Novi,MI 48377&Jenene Patricia Martell-9 Columbia Drive,Camp Hill,PA 17011. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors,the following is a possible mailing address: (Gary Dennis Martell Jr.) 29589 Wharton Court,Novi,MI 48377. V.OTHER INQUIRIES A. DEATH RECORDS As of 03-21-13 Vital Records and all public databases have no death record on file for Gary Dennis Martell Jr.&Jenene Patricia Martell. VI. ADDITIONAL INFORMATION OF SUBJECT , A. YEAR OF BIRTH Gary Dennis Martell Jr.-1971 Jenene Patricia Martell-1972 B. A.K.A. Jenene P.Prouty;Jenene P. Brown "Our accessible databases have been checked and cross-referenced for the above named individual(s). "Please be advised our database information indicates the subject resides at the current address. I hereby verify that the statements made herein are true and correct to the best of my knowledge,information and belief and that this affidavit of investigation is made subject to the penalties of 118 Pa C.S.Sec.4904 relating to unsworn falsification to authorities. The obwc Wormalion to obtained from nvoilnblc public records and we nm ardy liable for the cost of the affidavit. 4� � , 3t Y e {iS � ... A� �, .. .. y p '': .. °' i ` : .. 1 _ - =; .. P ...a. F.n. '- a t � .. ' .. .. - e � v • .v n i n $ r .. „ ; ; - v �. �XI�I�I'�' �� s a Name and Phelan Hallman,LLP o t Address 1617 JFK Boulevard,Suite 1400 m Of Sender One Penn Center Plaza ° Philadelphia,PA 19103 LXH Nia Line Article Number Name of Addressee Stree and Post Office Address Pos e 1 **** JENENE PATRICIA MARTELL $0.45 < } M 29589 WHARTON COURT 1$ CL NOVI MI 483777 «< ^ran GARY DENNIS MARTELL,JR n o 29589 WHARTON COURT NOVL MI 483777 2 **** GARY DENNIS MARTELL,JR $0.45 9 COLUMBIA DRIVE CAMP HILL PA 17011-7634 , 3 **** JENENE PATRICIA MARTELL $0.45 9 COLUMBIA DRIVE CAMP HILL,PA 17011-7634 ' z t , f f RE:GARY DENNIS MARTELL,JR CUMBERLAND TEAM 4 PHS#300977/1021 Pa e 1 of 1 Total Number of Total Number of Pieces Post master,Per(Name of The full declaration of value is required on all domestic and imematimoal registered mail.The maximum indemnity payable Pieces Listed by Sender Received a Post Office Receiving Employee) for the reconstruction of mnoegotiable documents under Express Mail document reconstruction insurance is$50,000 per plecesubimmalimito f$500,000peroaur . The maximum indemnity payable on Express Mad membandise is S500. The maximum indemnity payable is$25,000 for mgin and mail,sent with optional insurance. See Domenic Mail Manual i R900 5913 and S921 for limitations of covers e. ****CONCURRENCE LETTER**** CODE 1016 LXH I 300977 i Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail lily.haineyL@Phelanhallinan.com �T LILY HAINEY, Legal Assistant,Ext. 1401 Representing Lenders in Service Department Pennsylvania and New Jersey April 3,2013 JENENE PATRICIA MARTELL 29589 WHARTON COURT NOVI, MI 483777 RE: FREEDOM MORTGAGE CORPORATION v. GARY DENNIS MARTELL, JR and JENENE PATRICIA MARTELL Premises Address: 9 COLUMBIA DRIVE, CAMP HILL,PA 17011-7634 CUMBERLAND County,No. 12-5234-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking coneurrenc �ththe requested relief that is, Special Service. Please respond to me within one ei � week,by L `y 0 W6/ -3 '. Should you have any further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. s Very t I t l you.; LIL 14A1N V,Legal• sistant Whelan Hallinan,.LLP I&r 300977 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 j One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail lily.hainey(@,T)helanhallinan.com S� LILY HAINEY, Legal Assistant, Ext. 1401 Representing Lenders in Service Department Pennsylvania and New Jersey April 3,2013 GARY DENNIS MARTELL, JR 9 COLUMBIA DRIVE CAMP HILL,PA 17011-7634 RE: FREEDOM MORTGAGE CORPORATION v. GARY DENNIS MARTELL, JR and JENENE PATRICIA MARTELL Premises Address: 9 COLUMBIA DRIVE, CAMP HILL,PA 17011-7634 CUMBERLAND County,No. 12-5234-CIVIL i7 Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week,by April 10,2013. Should you have any further questions or concerns, please do not hesitate to contact me. !7r Otherwise,please be guided accordingly. Very truly yours, LILY HAINEY,Legal Assistant for Phelan Hall inan,LLP i� 300977 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 FAX#: 215-568-7616 W E-mail lily.hainey(a)phelanhallinan.com LILY HAINEY, Legal Assistant, Ext. 1401 Representing Lenders in Service Department Pennsylvania and New Jersey April 3,2013 GARY DENNIS MARTELL,JR 29589 WHARTON COURT NOVI, MI 483777 RE: FREEDOM MORTGAGE CORPORATION v. GARY DENNIS MARTELL, JR and JENENE PATRICIA MARTELL Premises Address: 9 COLUMBIA DRIVE,CAMP HILL,PA 1 701 1-7634 CUMBERLAND County,No. 12-5234-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9),I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by April 10, 2013. Should you have any further questions or concerns,please do not hesitate to contact me. .W Otherwise,please be guided accordingly. Very truly yours, LILY HAINEY,Legal Assistant for Phelan Hallinan,LLP � 1 300977 Phelan Hallinan LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail lilv.hainey aphelanhallinan com LILY HAINEY, Legal Assistant,Ext. 1401 Representing Lenders in Service Department Pennsylvania and New Jersey April 3, 2013 JENENE PATRICIA MARTELL 9 COLUMBIA DRIVE CAMP HILL, PA 17011-7634 RE: FREEDOM MORTGAGE CORPORATION v. GARY DENNIS MARTELL,JR and JENENE PATRICIA MARTELL Premises Address: 9 COLUMBIA DRIVE, CAMP HILL,PA 17011-7634 CUMBERLAND County,No. 12-5234-CIVIL I ' Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within.one week,by April 10, 2013. Should you have any further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, LILY HAINEY,Legal Assistant for Phelan Hall inan, LLP i� 300977 C y P Phelan Hallinan, LLP Allison F. Zuckerman, E l i . No.33 5�bUIRJ ( ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Sui�tTAMR SYDMO One Penn Center Plaza FE1 Philadelphia, PA 19103 allison.zuckerrnan@phelanhallinan.com 215-563-7000 FREEDOM MORTGAGE CORPORATION Court of Common Pleas Plaintiff : Civil Division V. CUMBERLAND County GARY DENNIS MARTELL, JR : JENENE PATRICIA MARTELL No.: 12-5234-CIVIL Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on August 22, 2012. 2. Judgment was entered on December 13, 2012 in the amount of$276,175.34. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1),a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e.bringing the interest current. However,new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on June 5, 2013. 300977 5. Additional sums have been incurred or expended on Defendants'behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $257,289.98 Interest Through June 5, 2013 $28,566.58 Late Charges $163.93 Legal fees $1,925.00 Cost of Suit and Title $1,350.17 Property Inspections $540.00 Property Preservation $1,058.00 Escrow Deficit $7,541.77 TOTAL $298,435.43 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage, 7. Under the terms of the Mortgage and Pennsylvania law,Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9),Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on April 17, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit'11311. 10. No judge has previously entered a ruling in this case'. 300977 4 WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP DATE: By. Alliso erman, Esquire ATTORN Y FOR PLAINTIFF 300977 Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id. No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allisoii.zucken-naii@phelaiiliallinan.com 215-563-7000 FREEDOM MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County GARY DENNIS MARTELL, JR JENENE PATRICIA MARTELL No.: 12-5234-CIVIL Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE GARY DENNIS MARTELL, JR executed a Promissory Note agreeing to pay principal, interest,late charges,real estate taxes,hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 9 COLUMBIA DRIVE, CAMP HILL, PA 17011-7634. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items,in order to protect the security of the Mortgage. In the instant case,Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly,after it was clear that the default would not be cured,Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 300977 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy,if any. 11. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of ajudgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation,of the Southwest v. Good,537 A.2d 22,24(Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortga e Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v.Mow], 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli,407 Pa.Super. 171, 595 A.2d 179(1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa.Nat. Bank,445 Pa. 117,282 A.2d 335 (197 1),that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid,Plaintiff must protect its collateral up until the date of sale. Beckman v.Altoona Trust Co.,332 Pa. 545,2 A.2d 826 (1939). Because ajudgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the•property. Meco Reality 300977 Company v. Burns,414 Pa. 495,200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment,and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich,the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct ajudgrnent to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276(1978). In the within case,the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance ff hl rt premiums,fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor s have breached the terms of the Mortgage, and Plaintiff has been forced to incur -significant unjust financial losses on this loan. Ill. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action,the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel,424 Pa. Super 53, 555 621 A.2d 1036, 1037(1993). Signal Consumer 300977 Discount Company v..Babuscio,257 Pa. Super 101, 109, 390 A.2d 266,270(1978). Pennsylvania Rule of Civil Procedure 1141(a). However,Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser,Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding,Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested,and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire,Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly,the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 300977 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records,title reports and supporting documents,preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint,*Rule 237.1 Notice,Department of Defense search, entry of judgment,the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865);First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner,the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344(Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. CiticoW v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995).Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 300977 V11. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage,Plaintiff is entitled to recover all expenses incur-red in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as PaR.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriffs sale. Accordingly,the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 300977 V111. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing,removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. 300977 Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff s Motion to Reassess Damages. IX. CONCLUSION Therefore,Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings,and such delays require the mortgagee to expend additional sums provided for by the Mortgage,then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage,and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LL Phelan' allinanLL DATE: By: I Zuc 46 , 1 0 Zuc r7man,Esquire if y f Attorney laintiff 300977 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FREEDOM MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County GARY DENNIS MARTELL, JR ; JENENE PATRICIA MARTELL No.: 12-5234-CIVIL Defendants RULE AND NOW, this day of 2013, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT J. 300977 Allison F.Zuckerman,Esq., Id.No.309519 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215) 563-7000 FAX: (215)563-3459 GARY DENNIS MARTELL, JR GARY DENNIS MARTELL,JR JENENE PATRICIA MARTELL JENENE PATRICIA MARTELL 9 COLUMBIA DRIVE 29589 WHARTON COURT CAMP HILL, PA 17011-7634 NOVI, MI 48377 300977 300977 Exhibit "A" 300977 PHELAN HALLINAN,LLP Attorney for Plaintiff Jonathan Lobb,Esq.,Id.No.312174 „.�, 1617 JFK Boulevard,Suite 1400 Q� ``� One Penn Center Plaza '” Philadelphia,PA 19103 A� _ 215-563-7000 FREEDOM MORTGAGE CUMBERLAND COUNTY CORPORATION w COURT OF COMMON PLE VS. _ CIVIL DIVISION Q GARY DENNIS MARTELL,JR w JENENE PATRICIA MARTELL No.12-5234-CPIM 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 GARY DENNIS MARTELL,JR and TENENE PATRICIA MARTELL,-Defendants for failure to file an Answer to Plaintiff's Complaint within 20 days from servi rand for forecrosure and sale of the mortgaged premises,and assess Plaintiff s damages : As set forth in Complaint $276175.34 TOTAL $276,175.34 I hereby certify that(1)the Defendants'last known addresses are 9 COLUMBIA DRIVE, CAMP HILL,PA 17011-7634 and 29589 WHARTON COURT,NOVI,MI 48377,and(2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date J,Oilan Lobb,Esq.,Id.No.312174 Attorney for Plaintiff DATE: rxs#30097 PRO T 300977 A • Exhibit "B" 300977 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania and New Jersey April 17,2013 GARY DENNIS MARTELL,JR JENENE PATRICIA MARTELL 9 COLUMBIA DRIVE CAMP HILL,PA 17011-7634 RE: FREEDOM MORTGAGE CORPORATION v. GARY DENNIS MARTELL,JR and JENENE PATRICIA MARTELL Premises Address: 9 COLUMBIA DRIVE CAMP HILL, PA 17011 CUMBERLAND County CCP,No. 12-5234-CIVIL 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 4/23/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, Allison F. ' e l =;Id.No.309519 Attorney for Plaintiff Enclosure 300977 i lame and Phelan Hallinan,LLP lddress 1617 JFK Boulevard,Suite 1400 ti If Sender One Penn Center Plaza " Philadelphia,PA 19103 KVM � ne Article Number Name at Addmssm Stmet,and Post Office Address Ponta ems^„ iA GARY DENNIS MARTELL,JR 50.46 JENENE PATRICIA MARTELL 1 9 COLUMBIA DRIVE �u' 1� °'S-V CL CAMP HILL,PA 17011-7634 :j neoo 2 ""* GARY DENNIS MARTELL,JR 50.46 JENENE PATRICIA MARTELL Mme 29589 WHARTON COURT NOVI MI 48377 RE:GARY DENNIS MARTELL JR CUMBERLAND PHS€J 300977/1200 Page 1 of 1 50.92 h i a- �.IN—ber or Tot9K..bcrofP*C.3 Poo-wa,ps(Namoor iho Poa,fesu ion ot»loe is tnpaied oe dtdwaettie ud iearntuiwwl naistered await Tl+e m.t cots t,ukd by Sender Rmeved at Poet ofrut Reaenint4 EmpioY'a) fa the +ion of oonmgotiabk docanxm u ck,E»ss Mail deai�mm�rccaastnictiora im piwa saiUjtd to s limet df59a,Odd taw otttztcrce.'Ibr tnuimam istdemnity payable on EAncu f Themuiomm Wemoap payable B S25.OW fa tt&W t nuit,salt with op w*1 Ymwww,Sot R900 5913 wA 5921 for timhrfiae oreo .,"orm 3877 Facsimile i 3 i 300977 Phelan Hallinan, LLP Allison F. Zuckerman, Esq., Id.No.309519 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 allison.zuckerinan@phelanhallinan.com 215-563-7000 FREEDOM MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County GARY DENNIS MARTELL, JR JENENE PATRICIA MARTELL No.: 12-5234-CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. GARY DENNIS MARTELL,JR GARY DENNIS MARTELL, JR JENENE PATRICIA MARTELL JENENE PATRICIA MARTELL 9 COLUMBIA DRIVE 29589 WHARTON COURT CAMP HILL, PA 17011-7634 NOVI,MI 48377 Phelan Hallinan LP DATE By: Allison ZT erman, Esquire ATTORNE FOR PLAINTIFF 300977 E0-0IrFi C E- C F THE PRUTI�Oai! OT.i- : 2 13 APR 2 9 PM 3; 5 CUMBERLAND UUNTY FREEDOM MORTGAGE CORPORATION, PENNSYLVA tl � Plaintiff IN THE NINTH JUDICIAL DISTRICT V. COURT OF COMMON PLEAS GARY DENNIS MARTELL, JR, 2012-05234 CIVIL TERM JENENE PATRICIA MARTELL, Defendants MORTGAGE FORECLOSURE IN RE: MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT 'ORDER OF COURT l.. AND NOW, this 29th day of 2013, upon consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is ORDERED and DIRECTED that service of the Complaint and Notice of Sheriff's Sale upon Defendants, Dennis Martell, Jr. and Jenene Patricia Martell, may be made in the following manner: (1) by First Class and Certified Mail, return receipt requested, no signature required at the mortgaged property, 9 Columbia Drive, Camp Hill, PA 17022-7634, and the last known address, 29589 Wharton Court, Novi, MI 48377, service to be deemed complete . i upon mailing; (2) by posting a copy of the same on the most public portion of the property located at 9 Columbia Drive, Camp Hill, PA 17022-7634; and (3) by publication once in the Cumberland County Law Journal, once in a newspaper of general circulation in Cumberland County, Pennsylvania, and once in a newspaper of general circulation in Oakland County, Michigan in the form directed by the applicable Pennsylvania Rules of Civil Procedure and Cumberland County Rules of Procedure. SUBSEQUENT papers may be served by first-class mail to Defendants at the aforesaid Columbia Drive and Wharton Court addresses, with service to be deemed complete upon mailing. PLAINTIFF shall file a certificate of service to assure compliance with this Order of Court. BY THE COU&L, Thomas A. Placey, C.P.J. Distribution: Zar*wy jeneeresq /4ary Dennis Martell enene Patricia Martell Ph8an HoAL% a G �j PHELAN HALLINAN,LLP Attorney for Plaintiff �'� pg "p Meredith Wooters,Esq.,Id.No.307207 ern an' r= 1617 JFK Boulevard,Suite 1400 r— t C)CD One Penn Center Plaza Philadelphia,PA 19103 LG ,. 215-563-7000 )>C-) = C-- ca IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA FREEDOM MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION GARY DENNIS MARTELL,JR JENENE PATRICIA MARTELL No.: 12-5234-CIVIL Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P.3129.2(a)Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c)on each of the persons or parties named,at that address,set forth on the Affidavit and as amended if applicable.A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"A". Meredith Wooters,Esq.,Id.No.307207 Date: S 1 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS#300977 Nnnle Find Phelan l4allinno.I,LP Address 1517 IFK Boulevard,Suite 1400 OfSender No One Penn Canter Plain Philtdtl hia,PA 19103 AZIUSCS'-0610512013 SALE ^' Line Article Number Name of Addressee Street and Post Office Address Pos.la te I acw• TENANI/OCC TPAN .50 a 9 COLUMBIA DRIVE A 1 � CAMP HILL PA 17 01 1-7434 � t� 2 `**` ADVANTAR ASSETS])INCC.FO CORDON Et WEINBERG PC ATTN:FREDERIC 1.WEINBERG,ESQ. $0.44 M ,+ 1001 F.HECTOR STRI F,T 15V w SUITE 220 v yNn CONSHOHOCKEN PA 19428 a *+oc ADtiANTAG1r ASSETS 111NC., $0.44 7322 SOUTHWEST FREEWAY HOUSTON TX 77074 4 o F+a CACH LLC 50.44 d 4340 SOUTH MONACO STREET +✓ 2ND FLOOR DENVE CO80337 5 *"'a CACH LLC C/0 APOTHAKER&ASSOCIATES PC ATTN-DAVID 3.APOT14AKEK ESQ. $0.44 � ` 520 FELLOWSHIP ROAD VC306 MT.LAURE h1J 08054 6 •«• DOMESTIC RELATIONS OF 50.44''' =c CUMBERLANDCOUNI`Y 13 NORTH HANOY.ER STREET CARLISL PA 17013 w _ 7 "*** ,. COMMONWEALTH OF PENNSYLVANIA . . -_^ SOA4 DEPARTMENT OF WELFARE P.O.BOX 2475 HARRISBURG PA 17105 j 8 ��± INTERNAL REVENUE SERVICE ADVISORY $0,44 t Y 1000 LIBERTY AVENUE ROOM 704 PITTS#URG11 PA 15122 9 *"' U.S.DEPARTMENT OF JUSTICE $0.44 f U.S.ATTORNEY FOR THE MIDDLE DISTRICT OF PA 0' FEDERAL BUILDING 228 WALNUT STREET,SUITE 220 � PO BOX 11754 HARfUSBURC PA 13108-1754 RE:GARY DENNIS MARTELL,JR(CUMBERLAND) PITS N 30097711021 PAge I oft Writ Team I a aatbcr fton o.Pa(Nww a "fFx fill deslanrtix,of Wat is regaired oa dl nruk aa5 i«cemidiayl rc mil Ui«aaunvn Tien tiacat 653e�Ya Rad.ed�i'tm CfltQ Rx¢ehMa P�grl%'a) tar the monangior.at eanaeaocfaDk Joeammds mdx�'We>y MaA daucuaE rcaoaaucFiaainArat�c k SSe.UOa p+eoe mt{leetwatimi4rfS500,tQa per aaeaneaae.Ttsauxis.nnF.,demaiey payab4 aef.{,nast�mrrrkrd»e is S5q. T1x tt aunam Jnlcmniri t xYaWe isS2±.QD}fa reintuedma i.a of+mL appiMal manna.Sx Doraatrc Mail Maus) _ 1tl005913 add 5921 forlirnilatiomotc , Form 3877 Facsimile Nome and Phelan Hallinan.LLP Address 1617 IFK Bouievnrd,Suite 1400 Of Sender One Fenn Center Plaza Philadel his,PA 19103 AZK/SC5-06/05!40013 SALE Line Artidc:Number ,blame of Addressee,Strec and Post Of kc Address -Postage C7 1 "*" COMMONWEALTIi OF PENNSYLVANIA 50.44 1 BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION ,^ 6TH FLOOR.STRAWBERRY SQ. t ct T DF,PT 2M60i o HARRISBURRC PA 17128 T mt 2 «'*' DEPARTMENTOF PUBLIC WELFARE $0.4$ TPL CASUALTY UNIT # ESTATE RECOVERY PROGRAM � �o P.O.BOX 8486 WILLOW OAK BUILDING HARRISBURG PA 17105 3 *"« CEDAR CLIFF MANOR ASSOCIATION t 18A COLGATE DRIVE CAMP HILL PA 17011 1t 4 *•+# CEDAR CLIFF MANOR ASSOCIATION SOA4 '-d 8 GRINNEL DRIVE :a 3 CAMP HILL PA 17011 i «s«w g ww«+ RE.GARY DENNIS MARTELL,JR(CUMBERLAND) PHS 0 300977/14021 Page 2 of 2 Writ $5.72 Team Teat Namkr of • Sua)Ntxrbeof F;G - Pntm2skr,Per(Name of The full dcdataiar.arvsluc u re vh4 on all danesic and 1(gCmsioael rtoot e/trail,The tnWaam indnatitypfyAbk h"o UAsud by Sender kadrcd N PM Ofte keamot toplo)-) for ex"mmumon crrannrgadabk decam ft urdtt Espem Nhii bpcmtmt r cow#aiat tuatnam issi AM per t�subjat ioa limit gA`SSOG.OM ytt usMnmur,riKenlClmum hNlcuaity rayatrt¢Mt E�aara tv(a'I atctdwdix tx t30a, _ TM rn.timvm vnAnnnay twt•}ldn is S][,OMf f+ytcrml mast,xret whfi.e+rip..!iuswawnc.Scro Daaxstiebteil NatvsT ht3p0 SY_13 srd_$9:3 far iratSutioas cf racn�,__ Form 3877 Facsimile Z .00t`j z 6 PM 3:30 FREEDOM MORTGAGE CORPORATION, Plaintiff ,�I V. IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT GARY DENNIS MARTELL, JR 2012-05234 CIVIL TERM JENENE PATRICIA MARTELL, Defendants MORTGAGE FORECLOSURE IN RE: PLAINTIFF'S MOTION TO REASSESS DAMAGES ORDER OF COURT AND NOW, this day of May 2013, upon consideration of Plaintiff's Motion to Reassess Damages, a Rule is issued upon Defendants to show cause why the relief requested should not be granted. PLAINTIFF shall effectuate service of this Rule upon Defendants. Proof of service must be filed prior to the court entertaining a Motion to Make Rule Absolute. RULE RETURNABLE twenty (20) days from the date of service by Plaintiff. B Thomas A. Placey C.P.J. Distribution: Allison F. Zuckerman, Esq. /,6ary Dennis Martell, Jr. r� �,/ nene Patricia Martell j Phelom A a11%no.n LLP .0 �b F FAIL RC fN NC3r TAB} 2013 HA Y 14 AID' 9: 57 CUMBERLAYD COUNTY Phelan Hallinan, LLP 'ENNS YLVANIA John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215-563-7000 FREEDOM MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County GARY DENNIS MARTELL, JR JENENE PATRICIA MARTELL No.: 12-5234-CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's May 6, 2013 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. GARY DENNIS MARTELL,JR GARY DENNIS MARTELL,JR JENENE PATRICIA MARTELL JENENE PATRICIA MARTELL 9 COLUMBIA DRIVE 29589 WHARTON COURT CAMP HILL,PA 17011-7634 NOVI,MI 48377 Phelan Hallinan, LLP DATE: 5119111 By: —'�'�---- John D.Cohn, Esq.,Id.No.312244 Attorney for Plaintiff 300977 THE PR Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 CUMBERLAND Clou �TORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb @phelanhallinan.com 215-563-7000 FREEDOM MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County GARY DENNIS MARTELL, JR JENENE PATRICIA MARTELL No.: 12-5234-CIVIL . Defendants MOTION TO MAKE RULE ABSOLUTE FREEDOM 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: I A Motion to Reassess Damages was filed with the Court on April 25, 2013. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on April 17, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued by the Honorable Thomas A. Placey on or about May 6, 2013 directing the Defendants to show cause by June 3, 2013 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on May 13, 2013 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 300977 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of June 3, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan, LLP DATE: (D /7//3 By: 4x�nl� Jo an Lobb,Esq., Id. No.312174 Attorney for Plaintiff 300977 Exhibit "A" 300977 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania and New Jersey April 17,2013 GARY DENNIS MARTELL,JR JENENE PATRICIA MARTELL 9 COLUMBIA DRIVE CAMP HILL,PA 17011-7634 RE: FREEDOM MORTGAGE CORPORATION v. GARY DENNIS MARTELL,JR and JENENE PATRICIA MARTELL Premises Address: 9 COLUMBIA DRIVE CAMP HILL,PA 17011 CUMBERLAND County CCP,No. 12-5234-CIVIL 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), 1 am seeking your concurrence with the requested relief that is, increasing the amount of the judgment.Please respond to me within 5 days,by 4/23/2013. Should you have further questions or concerns,please do not hesitate to contact me;. Otherwise,please be guided accordingly. Very truly yours, Allison F e , E<.5 ;,Id.No.309519 Attorney for Plaintiff Enclosure 300977 i 4 � tame and flhelan Hallman,LLP Gi o yddress 1617 JF'K Boulevard,Suite 1400 *CY C' if Sender One Penn Center Plaza CV Philadelphia,PA 14103 KYM C a ane Article Number Name of Add Street Postage GARY DENNIS MARTELL,JR SOA6 JENENE PATRICIA MARTELL 4 COLUMBIA DRIVE CAMP HILL,PA 17011-7634 GARY DENNIS MARTELL,JR $0,46 IN 3.I K JENENE PATRICIA MARTELL 24589 WHARTON COURT NOVI MI49377 RE:GARY DENNIS MARTEI JR CUMBERLAND PHS#300977/1200 Pre t oft **I Numbtrof TobtNat"bt+orPicera 1Lwaoer,ft fNr of The Pots dealwatiaa d.�tae is tnquied a+t*il domutk rnd intaaMKnlmWUrodrw"i '1'Ye+Mx ��`z'�-: eoes tAsled by Sod" Reeehed M Pao Office Rcc Max 1 for the raomubvo;-of twanedmiabk darammb teller Exp t Mdl dooaaxat maoesawmo im 1 p:«a�am*catt�ssoanoePmoa�.mm>«tmu>aiod�sp*yblecc�.arl "�� , The m mam i 4twity pay"8 525.000 far mVwrod ar[t,sae with aptiargt is waw-See RHO$013"rd 5921 forlimitdian dowow form 3877 Facsimile c 300977 Exhi bit " "B 300977 a w •. R w FREEDOM MORTGAGE CORPORATION, Plaintiff v.. IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT GARY DENNIS MARTELL, JR 2012-05234 CIVIL TERM JENENE PATRICIA MARTELL, Defendants MORTGAGE FORECLOSURE IN RE: PLAINTIFF'S MOTION TO REASSESS DAMAGES ORDER OF COURT AND NOW, this (g day of May 2013, upon consideration of Plaintiff's Motion to Reassess Damages, a Rule is issued upon Defendants to show cause why the relief requested should not be granted. PLAINTIFF shall effectuate service of this Rule upon Defendants. Proof of service must be filed prior to the court entertaining a Motion to Make Rule Absolute: RULE RETURNABLE twenty (20) days from the date of service by Plaintiff.. Y Thomas A. Placey P,j Distribution: C Allison F. Zuckerman, Esq. Gary Dennis Martell, Jr. Jenene Patricia Martell -a v c? cm w Exhibit "C" :i LED-OFF iCL OF THE PROTNOhlOTA1i'r 2013 MA Y 14 AN 9: S 7 f 1 CUMBERLAND COUNTY Phelan Hallman, LLP t'E1dNS.Y MNIA. John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 j ohn.krohn @phelanhallinam com 215-563-7000 FREEDOM MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division vs. GARY DENNIS MARTELL, JR CUMBERLAND County .t jvg% JENENE PATRICIA MARTELL No.: 12-5234-CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's May 6, 2013 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not'be. granted was served upon the following individuals on the date indicated below. GARY DENNIS MARTELL,JR GARY DENNIS MARTELL,JR JENENE PATRICIA MARTELL JENENE PATRICIA MARTELL 9 COLUMBIA DRIVE 29589 WHARTON COURT CAMP HILL,PA 17011-7634 NOVI,MI 48377 Phelan Hallinan, LLP °xDATE:. M 6 . k,--- John D.Sohn,Esq., Id.No.312244 Attorney for Plaintiff y 300977 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 FREEDOM MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County GARY DENNIS MARTELL, JR : JENENE PATRICIA MARTELL No.: 12-5234-CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. GARY DENNIS MARTELL, JR GARY DENNIS MARTELL, JR JENENE PATRICIA MARTELL JENENE PATRICIA MARTELL 9 COLUMBIA DRIVE ' 29589 WHARTON COURT CAMP HILL, PA 17011-7634 NOVI, MI 48377 Phelan Hallinan, LLLP DATE: /7b — By; Jo than Lobb, Esq.,Id. No.312174 Attorney for Plaintiff 300977 FILED-OFFICE O THE PROTHONOTARY 2013 JUN 10 Pry 1: 04 CUMBERLAND COUNTY PENNSYLVANIA PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff FREEDOM MORTGAGE CORPORATION 907 PLEASANT VALLEY AVENUE, SUITE 3 Court of Common Pleas MT. LAUREL, NJ 08054 Civil Division Plaintiff Term V. No. 2012-5234-Civil GARY DENNIS MARTELL, JR JENENE PATRICIA MARTELL Cumberland County 9 COLUMBIA DRIVE CAMP HILL, PA 17011-7634 Defendants MOTION TO LIFT CONCILIATION STAY Plaintiff, Loancare, A Division of FNF Servicing, Inc., Successor (hereinafter "Plaintiff'), by its attorney, Joseph P. Schalk, Esquire, hereby files.the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 1. On August 22, 2012, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendants for their failure to make monthly payments of principal and interest upon their mortgage due April 1, 2011, and each month thereafter. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit A. 2. On October 17, 2012, Plaintiff completed service on Defendants of the Complaint in Mortgage Foreclosure along with service of the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice. A true and correct copy of the Affidavit of Service is 300977 attached hereto, made part hereof and marked as Exhibit B. 3. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program,the Foreclosure action is stayed for sixty (60) days from the date of service. 4. Within 60 days after service of the complaint, the Defendant may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request,the Court will schedule a Conciliation Conference. The program provides that Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of notice if not represented by counsel. 5. If more than sixty (60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendants failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty (60) days of service. 7. Due to Defendants' failure to opt in to the program, Plaintiff inadvertently proceeded with the entry of judgment prior to lifting the stay imposed by the Diversion Program on December 13, 2012. 8. Defendants received service of the Complaint, had an opportunity to enter the Diversion Program and had an opportunity to defend the foreclosure action, but opted instead to take no action whatsoever with respect to this matter. 9. Since Defendants opted not to participate in the Diversion Program or litigated the instant foreclosure action, it is appropriate for the stay to be lifted nunc pro tunc and the judgment confirmed. 300977 WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program, the stay be lifted nunc pro tunc, and the default judgment entered December 13, 2012 is hereby confirmed. Respectfully submitted, PHELAN HALLINAN, LLP Date: l� BY: —��— s h . Schalk Esquire At •ney fo q r Plaintiff 300977 Exhibit A N_ c-" N �tJ G� N PHELAN HALLINAN&SCHWEG,UP Allison F.Wells,Esq.,Id.No.309519 1617 JFK Boulevard,Suite 1400 ATTORNEY FOR PLAII4=, One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 FREEDOM MORTGAGE CORPORATION 907 PLEASANT VALLEY AVENUE, SUITE 3 COURT OF COMMON PLEAS MT.LAUREL,NJ 08054 CIVIL DIVISION Plaintiff V. TERM GARY DENNIS MARTELL,JR NO. �d` ` Nil JENENE PATRICIA MARTIM L 9 COLUMBIA DRIVE CUMBERLAND COUNTY CAMP HILL,,PA 17011-7634 Defendants CIVIL.ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE W6 hn A Wmey Pile Cory cemy Please Return TUG std ,()rd File# 300977 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 300977 1. Plaintiff is FREEDOM MORTGAGE CORPORATION 907 PLEASANT VALLEY AVENUE, SUITE 3 MT.LAUREL, NJ 08054 2. The name(s) and last known address(es)of the Defendant(s) are: GARY DENNIS MARTELL,JR JENENE PATRICIA MARTELL 9 COLUMBIA DRIVE CAMP HILL,PA 17011-7634 who is/are the mortgagor(s) and/or real owner(s)of the property hereinafter described. 3. On 10/09/2009 GARY DENNIS MARTELL,JR and JENENE PATRICIA MARTELL made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR FREEDOM MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No, 200935363. By Assignment of Mortgage recorded 02/10/2011 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201 I.0501.4.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. 1.019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/2011. and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified File 300977 by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage as of 05/24/2012: Principal.Balance $257,289.98 Interest $15,67193 03/01/201.1 through 05/24/2012 Late Charges .$163:93' Escrow Deficit085�}: TOTAL + `7f, .7 :34: 7. Plaintiff is not seeking a judgment of personal liability(or an in personam judgment) against the Defendant(s)in the Action; however., Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s)has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy,but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s)on the date(s) set forth thereon. 9. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. File#: 300977 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $276,175.34, 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:H:fa7.,.1 1N/°N:Vii:8 I3 I r ? By: Allison.F.W V,Esquire Attorney for Plaintiff File# 300977 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel.of land situated in Lower Allen Township,Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the eastern side of a 50 feet wide road known as Columbia Drive which point, measured along the eastern side of Columbia Drive,is 80 feet south of the southeast f. corner of Columbia.Drive and Citadel Drive and which point is also at the southwest corner of Lot No. 90 on the Plan of Lots hereinafter referred to;thence eastwardly along the southern line of Lot No. 90 aforesaid 1.25 feet to'a point at the eastern line of Lot No. 105 on the Plan of Lots hereinafter referred to; thence southwardly along the eastern line of Lot No. 105 aforesaid 70 feet to a point;being the northern line of Lot No. 92 on the Plan of Lots hereinafter referred to; thence westwardly along the northern.line of Lot No. 92 aforesaid 125 feet to a point along the eastern side of Columbia Drive; thence northwardly along the eastern side of Columbia Drive 70 feet to a point, being the place of BEGINNING. BEING Lot No.91 on the Plan known as Part of Plan No. 2,Cedar Cliff Manor,which Plan was approved by the Commissioners of Lower Alien Township on January 12, 1.955 and is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania,in Plan Book 7,Page 13. UNDER AND SUBJECT, nevertheless to all restrictions,reservations, conditions,covenants, easements and rights of way of prior record. File* 300977 HAVING ERECTED THEREON a dwelling house being known and numbered as 9 Columbia Drive,Camp Hill, Pennsylvania BEING THE SAME PREMISES which Ming Wei and Kun Wang, husband and wife, by Deed dated May 1, 2006 and recorded May 4, 2006 in the Office of the Recorder of Deeds in and for Cumberland County,Pennsylvania, in Record Book 274,Page 1816, granted and conveyed unto Gary Dennis Martell, Jr. and Jenene Patricia Martell,husband and wife. PROPERTY ADDRESS: 9 COLUMBIA DRIVE, CAMP HILL,PA 17011-7634 PARCEL#13-24-0807-007 File#: 300977 VERIFICATION MARY WCY ,, hereby states that he/she is lull:!�A of LOANCARE, A DIVISION OF F'NF SERVICING, INC., servicing agent for Plaintiff in this matter, that he/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action iri 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 unsworn falsification to authorities. FREEDOM MORTGAGE CORPORATION BY: L.OANCARE, A DIVISION OF FNF SEVICING, INC., AS ATTORNEY IN FACT UNDER LIMITED POWER OF TT:+aRNEY Name: MA IJCY _ .. ... .DATE:. . Title: File#: 300977 Name: MARTELL File#:300977 . ' . ^ � lN TAE COURT 0F COMMON PLEAS FREEDOM MORTGAGE CORPORATION OP CUMBERLAND COUNTY,PENNSYLVANIA P|oindfRu) � ' "" � ' GABYDEWMS K4&RTDLL.lR � JENEN29A7]lK]A MART8LL � Defendant(s) Civil NOTICE K��x�� RESIDENTIAL�SIDENxIALpxORxGAGE FORECLOSURE DIVERSION, ^��^��^,�~ ^ "~~,~�RAM You have been served with a foreclosure complaint that could cause you to lose your home. lf you own and live io the residential property which im the subject of this foreclosure action,you may bc able m participate boa court-supervised conciliation conference inuneffort to resolve this matter with your lender. If you do not have a lawyer,you must take the following steps to be eligible for a conciliation conference: ' First,within twenty(20)days of your receipt of this notice,you must contact MidPenn Legal Services at(717)243-9400 extension 2510 or(800)822-5288 extension 25 10 and request appointment of a legal representative at no charge to you. Once y;u have been appointed a legal representative,you must promptly meet with that legal representative within twenty(20)days of the appointment date. During that meeting,you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. lf you and your 1u8u/ ropnmmuaivonnmp]n»aufinanoiulwmkxhoutb`dhcfbrnomu#uobodhucaco^tholwgu|oapre000tatbmwU1pxopmzuudu Request for Conciliation Conferoucowith the Court,which must hofi!ed with the Court within sixty(60)days ofthe service upon you uf the foreclosure complaint. D you doon and a conciliation conference io scheduled,you will have un opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer,you and your lawyer must take the following steps to be eligible for a � conciliation conference.Itiuoutnuoonmxry for you 0o contact MiJ9euo Legal Service for the appointment ofolegal representative.However,you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf If you and your lawyer complete a financial worksheet in the format attached hereto,your lawyer will prepare and fi>ou Request for Conciliation Conference with the Court,which must be filed within sixty(6O)days of the service upon you of the foreclosure complaint. If you dnou and u conciliation conference io ' scheduled,you will have an opportunity to meet with a representative of your lender in an attempt tu work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. 0P YOU WISH T0SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM DSFREE. Respectfully submitted: D~~ Allison F. Wells,Esquire Attorney for Plaintiff FORM Z Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket# BORROWER REQUEST FOR HARI.)SHIP ASSISTANCI To complete your request for hardship assistance,your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: CUSTOMER/PRIMARY Borrower name(s): Property Address: City: State: Is the property for sale? Yes 0 No❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office Cell: Other: Email: #of people in household: How long?., CO-HORROWER Mailing Address: City: State: Zip: Phone Numbers: Homer Office: Cell: Other: Email: #of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes&Insurance: Date of Last Payment: I'.rinaar X Reason for Default: If yGs,.provide names, location of court, case number&attorney: Assets _ ilmotint Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ — $ Investments: $ Checking: $ $ Savings: $ $ Other: $ $ Automobile#1: Model: Amount owed: fear: 'Value: —'--- Automobile#2: Model: Amount owed: Value: Year: Other transportation(automobiles, boats motorc clesl Model: Year: Amount owed: Value Monthly Income Name of Employers: I' -------.--_._._.._ Monthly Gross 2. Monthly Net Monthly Gross 3. Monthly onthly Nets nthly Gross Monthly Nets' Additional Income Description (not wages): —� I• monthly amount: 2• monthly amount: Borrower Pay Days Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying)' EXPENSE AMOUNT EXPENSE Mort a e AMOUNT Food 2" Mort a e Utilities Car Payment s) Condo/Nei),i.Fees Auto Insurance Med. not covered Auto fuel/re airs Other Prop• payment Install.Loan Pa ment Cable TV Child Su ort/Alim. S endin Mone Da /Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income&Expensesi Have you been working with a Housing Counseling Agency? Yes ❑ No❑ If yes,please provide the following information: Counseling Agency: Counselor: Phone(Office): Fax: . - ' . Email: Have you made application for Homeowners Emergency Mortgage Assistance Program(HE-MAP) assistance? Yes NoF� lf Yes,please indicate the status of the application: Have you had any prior negotiations with your lender or tender's loan servicing company to resolve your delinquency? Yes F-1 No F1 If yes,please indicate the status of those negotiations: Please provide the following information, if known,regarding your lender and lender's loan servicing nnoz ( paoy: Lender's Contact(qume)' Phone: Servicing Company 8Naro Contact: Phone: AUTHORIZATION T/VYe, authorize the above named to use/refer this inforination to my lender/servicer for the sole purpose of evaluating my fiououialsituation for possible mortgage options. I/Wo understand that Ihpe am/are under ou obligation tu use the counseling services provided hy the above named .' Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's mmumxwl: t' Proof wfincome 2, Pout 2 bank statements 3. Proof ofany expected income for the last 45 days 4. Copy Vfa current ut0itvbill 5' Letter explaining reason for delinquency and any supporting documentation (hardship Vetter) 6. Listing agreement (if property im currently mn the market) Exhibit B AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY FREEDOM MORTGAGE CORPORATION PHS#300977 DEFENDANT SERVICE TEAM/do GARY DENNIS MARTELL,JR COURT NO.:12-5234-CIVIL JENENE PATRICIA MARTELL SERVE GARY DENIMS MARTELL,JR AT: TYPE OF ACTION 29589 WHARTON COURT XX Mortgage.Foreclosure NOVI,MI 48377 XX Civil Action SERVED Served and made known to GARY DE\zN1S N1t1RTELL.J 1Z' Defendant on the 14ay of ,20�. a :ocicicl: M �ti k( lh8 �1,.in the e manner described below: t efetdartt„}ers0nally served. Adult family member with whom Defendant(s)reside(s). Relationship is _ _Adult to charge of Defendant's residence who refused to give name or relationship. _,i1 tanageryCl`crk of p3.aGe aFlt elging.1n W ich Defendartt(s)r id&(s). Agent orperswt iii;eharge ofi Defcttdant 8.0frice;,dr,i sual place;of business. ;ah df cer.of said:befendatirs company. Other Descnptton Age Height Weight 0d Race( Sex A Other a competent adult,being duly sworn according to law;depose and state that 1 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. _ GERMAMI9 RIJTKOWSia Sworn to and subscribed NOTARY PUBLJCSTATE OF MICHIGAN before: a'tliis�day COUNTY OF OAKLAND of 20j;), 1VIY CONIIYISSION C};AIRES hl>aY F 1; 9 .. ACT N(� 1N +4E_ Nazar1 By. .: \rOTSERVED On.the day of 20 ci cliyck:;_ M :1; a,coritpecent.adult heretiy state that DeferidaMA, 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 :-2C1 By: Notary: ATTORNEY FOR PLAINTIFF Chrisovalante P.Fliakos,Esq.,Id.No.94620 Lawrence T.Phelan,Esq.,Id.No.32227 Courtenay R.Dunn,Esq.,Id.No.206779 Francis S.Hallinan,Esq.,Id.No.62695 Allison F.Wells,Esq.,Id.No.309519 Daniel G.Schrnieg,Esq.,Id.No.62205 Melissa J.Cantwell,Esq.,Id.No.308912 Michele M.Bradford,Esq.,Id.No.69849 Mario J.Hanyon,Esq.,Id.No.203993 Judith T.Romano,Esq.,Id.No.58745 Andrew J.Marley,Esq.,Id.No.312314 Jenne R.Davey,Esq.,Id.No.87077 Robert W.Cusick,Esq.,Id.No.80193 Lauren R.Tabas,Esq.,Id.No.93337 John M.Kolesnk,Esq.,Id.No.308877 Jay B.Jones,Esq.,Id.No.36657 Matthew G.Brushwood,Esq.,Id.No.310592 Andrew L.Spivack,Esq.,Id.No.84439 Zachary J.Jones,Esq.,Id.No.310721 Justin F.Kobeski,Esq.,Id.No.200392 One Penn Center at Suburban Station AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY FREEDOM MORTGAGE CORPORATION PHS`0 300977- DEFENDANT sEO:WT TF.,A11+U_clis GARY DENNIS MARTELL,JR t. OURTNO:12-5234-CWIt JENENE PATRICIA MARTELL SERVE JENENE PATRICIA MARTELL AT: TYPE OF ACTION 29S89 WHARTON COURT XX Mortgage Foreclosure NOVI,MI 48377 XX Civil Action SERVED Served and made known to JENENE'PATRICIA'MARTELL ,Defendant on the day of 20 L I a� .oclocl. t4h att �0 7' 110 t�uJl themannerdescribedbelow: r it8afit fiertitaally served. -Adult f^tbnl�,'memberwith 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:: ��]r (w Description, oe Height.5 f` Weight t 50 RaceWAt V'Sex Other r I�4 lrktsk{ ,.a competent adult,being duly sworn according to law,depose and state that 1 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. GERMAINE RUTKOWSKI Sworn to and subscribed NOTARY PUBLIC-STATE OF MICHIGAN befor m this day OOUNTy OF OAKLM of 20- My COMMISSION1XP ESJULYB 9 r T SERVED GT(1dG 1N THE-COUNTY OF Notary leg, By: of N'p On thle-'OE day of ,20_,at_o'clock M.,1, a competent adult hereby state that fend Deant OT OO 7f�ecslLise: Vacant _Does Not Exist —Moved Does Not Reside(Not Vacant) No Answer on;, at Service Refused Other: Sworn to and subscribed before me this day of By: Notary: ATTORNEY FOR PLAINTIFF Chrisovalante P.Fliakos,Esq.,Id.No.94620 Lawrence T.Phelan,Esq.,Jd.No.32227 Courtenay R.Dunn,Esq.,Id.No.206779 Francis S.Hallinan,Esq.,Id.No.62695 Allison F.Wells,Esq.,Id.No.309519 Daniel G.Schnueg,Esq.,Id.No.62205 Melissa I.Cantwell,Esq.,Id.No.308912 Michele M.Bradford.Esq.,Id.No.69849 Mario J.Hanyon,Esq.;Id.No.203993 Judith T.Romano,.Esq.,Id.No.58745 Andrew J.Marley,Esq.,Jd.No.312314 Jenne R.Davey,Esq.,Id.No.87077 Robert W.Cusick,Esq.,Id.No.80193 Lauren R.Tabas,Esq.,Id.No.93337 John M.Kolesnik,Esq.,Td.No.308877 Jay B.Jones,Esq.,Id.No.86657 Matthew G.Brushwood,Esq.,.Id.No.310592 • Andrew L.Spivack,Esq.,Td.No.84439 Zachary J.Jones,Esq.,Id.No.310721 Justin F.Kobcski,Esq.,Id.No.200392 One Penn Center at Suburban Station PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff FREEDOM MORTGAGE CORPORATION 907 PLEASANT VALLEY AVENUE, SUITE 3 Court of Common Pleas MT. LAUREL, NJ 08054 Civil Division V. Plaintiff Tenn 2012-5234-Civil GARY DENNIS MARTELL, JR No. JENENE PATRICIA MARTELL Cumberland County 9 COLUMBIA DRIVE CAMP HILL, PA 17011-7634 Defendants CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff's Motion to Lift Conciliation Stay proposed Order were sent via first class mail to the person listed below on the date indicated: and cated GARY DENNIS MARTELL, JR GARY DENNIS MARTELL, JR JENENE PATRICIA MARTELL JENENE PATRICIA MARTELL 9 COLUMBIA DRIVE 29589 WHARTON COURT CAMP HILL, PA 1 701 1-7634 NOVI, MI 48377 Date: 7 13 By: 6 J e h P chalk, Esquire Att rney for Plaintiff 300977 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FREEDOM MORTGAGE CORPORATION 907 PLEASANT VALLEY AVENUE, SUITE 3 Court of Common Pleas MT. LAUREL, NJ 08054 Civil Division Plaintiff Term V. No. 2012-5234-Civil GARY DENNIS MARTELL, JR JENENE PATRICIA MARTELL Cumberland County 9 COLUMBIA DRIVE CAMP HILL, PA 17011-7634 Defendants ORDER AND NOW, this day of 9%U%^- , 2013, upon consideration of Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter, it is hereby ORDERED and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed with its Mortgage Foreclosure Action. BY THE COURT: w Corp,I es 024ka t LL J. J . "Lk".. Fri T7 300977 A CC: Gary Dennis Martell, Jr., and Jenene Patricia Martell t Joseph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff I PHELAN IIALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 1.7101 215-563-7000 GARY DENNIS MARTELL,JR JENENE PATRICIA MARTELL 9 COLUMBIA DRIVE CAMP HILL, PA 17011-7634 GARY DENNIS MARTELL, JR JENENE PATRICIA MARTELL 29589 WHARTON COURT NOVI, MI 48377 300977 G/1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA FREEDOM MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County GARY DENNIS MARTELL, JR JENENE PATRICIA MARTELL No.: 12-5234-CIVIL Defendants ORDER AND NOW, this 1.7?4-L�'day oj"C-; 2013, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tune as follows: Principal Balance $257,289.98 Interest Through June 5, 2013 $28,566.58 Late Charges $163.93 Legal fees $1,925.00 Cost of Suit and Title $1,350.17 Property Inspections $540.00 Property Preservation $1,058.00 Escrow Deficit $7,541.77 TOTAL $298,435.43 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriff s commission is not included in the above figure. Cz z Co F.S ' '�"� BY T COURT: J. LA Tho s Y 0W �. . _ n2 Common Pleas Judge 300977 1 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 ru A: TORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 CUMSERLF14D coug One Penn Center Plaza pN�dSYLVA�� Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 FREEDOM MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division VS. CUMBERLAND County GARY DENNIS MARTELL, JR JENENE PATRICIA MARTELL No.: 12-5234-CIVIL . Defendants MOTION TO MAKE RULE ABSOLUTE FREEDOM 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 April 25, 2013. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on April 17, 2013 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued by the Honorable Thomas A. Placey on or about May 6, 2013 directing the Defendants to show cause by June 3, 2013 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on May 13, 2013 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. • r 300977 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of June 3, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan, LLP DATE: ('D �7/ /3 By: Jo an Lobb, Esq.,Id.No.312174 Attorney for Plaintiff 300977 Exhibit "A" 300977 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania and New Jersey April 17,2013 GARY DENNIS MARTELL,JR JENENE PATRICIA MARTELL 9 COLUMBIA DRIVE CAMP HILL,PA 17011-7634 RE: FREEDOM MORTGAGE CORPORATION v. GARY DENNIS MARTELL,JR and JENENE PATRICIA MARTELL Premises Address: 9 COLUMBIA DRIVE CAMP HILL,PA 17011 CUMBERLAND County CCP,No. 12-5234-CIVIL 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 4/23/2013. Should you have further questions or concerns,please do not hesitate to contact me,. Otherwise,please be guided accordingly. Very truly yours, Allison F c , is Id.No.309519 Attorney for Plaintiff Enclosure 300977 lame and 1lhelan Hallinan,LLP o p!f r, ddress 1617 7FK Boulevard,Suite 1400 if Sender One Penn Center Plaza Philadelphia,PA 19103 KVM C¢ ,,me Article Number Name of Addressee,Sireet,and Post Office Address posts e 1 ►wwr GARY DENNIS MARTELL,JR S0.4b JENENE PATRICIA MARTELL o 9 COLUMBIA DRIVE o CAMP HILL,PA 17011-7634 i.i na—ioo 2 *'•* GARY DENNIS MARTELL,JR $0.46 JENENE PATRICIA MARTELL ! 29589 WHARTON COURT NOVI M148377 RE:GARY DENNIS MARTELL,JR CUMBERLAND PHS#300977/1200 Ps e 1 of i S0.92 '�nI N»bcr or Toni Nosbrr of Piton 1Lrmv(m,ptr 04 of The fo l dmlwwt or qlo•is tegoired o•.a doenextio od inramtwrl tetbtned mil.'nee aux saes tilled by Sender Reeriwd r Pau office Receinkx EmPtor«) for tbe,aoantroetian of aomrmtixbk daenneatt uoda Evron Mol doaemeoi momuomoo kn _ pine xsbject aelinrit of 1500,000 per oamrenoe.The mufaotna fodamitypgvhAcm Egrast �'�< The mW m W woky poyabk is$25,000 for reysfeeed a xit,tent with op mal imotaoot Sec a' R900S91)"A SON tf *wwioenofoo. . Form 3877 Facsimile t. 300977 Exhibit "B" 300977 FREEDOM MORTGAGE CORPORATION, Plaintiff ' IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT GARY DENNIS MARTELL, JR 2012-05234 CIVIL TERM JENENE PATRICIA MARTELL, Defendants MORTGAGE FORECLOSURE IN RE: PLAINTIFF'S MOTION TO REASSESS DAMAGES ORDER OF COURT AND NOW, this ��day of May 2013, upon consideration of Plaintiff's Motion to Reassess Damages, a Rule is issued upon Defendants to show cause why the relief requested should not be granted. PLAINTIFF shall effectuate service of this Rule upon Defendants. Proof of service must be filed prior to the court entertaining a Motion to Make Rule Absolute: RULE RETURNABLE twenty (20) days from the date of service by Plaintiff., .� W 0.0 Thomas A. Piacey .p1,I. r Distribution: cr T Allison F. Zuckerman, Esq. z,r, -< 0; Gary Dennis Martell, Jr. _ y +� Jenene Patricia Martell b C :X i E :i FILED-01. 1C;E ' OF THE r^ROTHOHOTAI�`f 2013 HA Y 14 { AM 9- 57 CUMBEf L.ANO COUNTY PENNS.YLVAHI Phelan Hallinan, LLP John D. Krohn, Esq., Id. No.312244 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@phelariliallinan.com 215-563-7000 FREEDOM MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division VS.- CUMBERLAND County. GARY DENNIS MARTELL, JR JENENE PATRICIA MARTELL No.; 12=5234=CIVIL � 4 Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's May 6, 2013 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. GARY DENNIS MARTELL,JR GARY DENNIS MARTELL,JR JENENE PATRICIA MARTELL JENENE PATRICIA MARTELL 9 COLUMBIA DRIVE 29589 WHARTON COURT CAMP HILL, PA 17011-7634 NOVI,MI 48377 Phelan Hallinan, LLP DATE 5 OT B y: John ohn,Esq., Id. No.312244 Attorney for Plaintiff 300977 Phelan.Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 FREEDOM MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division vs. CUMBERLAND County GARY DENNIS MARTELL, JR JENENE PATRICIA MARTELL No.: 12-5234-CIVIL 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. GARY DENNIS MARTELL, JR GARY DENNIS MARTELL, JR JENENE PATRICIA MARTELL JENENE PATRICIA MARTELL 9 COLUMBIA DRIVE ' 29589 WHARTON COURT CAMP HILL, PA 17011-7634 NOVI, MI 48377 i Phelan Hallinan, LLP DATE: Ce 7 By: - Z4 Jo than Lobb,Esq.,Id.No.312174 Attorney for Plaintiff 300977 • +lJ^ T(-.ly-~!` � 1,/" PHELAN HALLINAN, LLP rnF? 1j' "'(J ' Attorney for Plaintiff '� �' 1617 JFK Boulevard, Suite 1400 /11,3E:0 r 9: Philadelphia,hiae PA Plaza 9103 �(`�r'�'S Yl 1,u �/GAT � 215-563-7000 • FREEDOM MORTGAGE CORPORATION • CUMBERLAND COUNTY Plaintiff • COURT OF COMMON PLEAS vs. • CIVIL DIVISION GARY DENNIS MARTELL, JR • NO. 12-5234-CIVIL • JENENE PATRICIA MARTELL Defendants AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail,return receipt requested,to GARY DENNIS MARTELL, JR and JENENE PATRICIA MARTELL on MAY 10, 2013 in accordance with the Order of Court dated APRIL 29, 2013. The property was posted on MAY 20, 2013. Publication was advertised in THE CUMBERLAND LAW JOURANL on MAY 24, 2013 &in SENTINEL on MAY 15, 2013. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification to authorities. Phelan . .11inan, LLP DATE: 7/26/3 By: �/ John∎d is ael Kolesnik, Esq., Id. No.308877 Att., ey for Plaintiff i r ILED-OF FICE. OF THE PROTHONOTARY 2013 APR 29 PH 3 56 FREEDOM MORTGAGE CUMBERLANDC WflY 41" ,� %.11 Ill'Df g , CORPORATION, PENN 1lLVA 41• .I,u 10 "J `•... ott Plaintiff ' r' `' IN THE NINTH JUDICIAL DISTRICT V. COURT OF COMMON PLEAS GARY DENNIS MARTELL, JR, 2012-05234 CIVIL TERM JENENE PATRICIA MARTELL, Defendants MORTGAGE FORECLOSURE IN RE: MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT ORDER OF COURT V AND NOW, this 29th day of P 2013, upon consideration of Plaintiffs Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is ORDERED and DIRECTED that service of the Complaint and Notice of Sheriffs Sale upon Defendants, Dennis Martell, Jr. and Jenene Patricia Martell, may be made in the following manner: (1) by First Class and Certified Mail, return receipt requested, no signature required at the mortgaged property, 9 Columbia Drive, Camp Hill, PA 17022-7634, and the last known address, 295,89 Wharton Court, Novi, MI 48377, service to be deemed complete upon mailing; (2) by posting a copy of the same on the most public portion of the property located at 9 Columbia Drive, Camp Hill, PA 17022-7634; and (3) by publication once in the Cumberland County Law Journal, once in a newspaper of general circulation in Cumberland County, Pennsylvania, and once in a newspaper of general circulation in Oakland County, Michigan in the form directed by the applicable Pennsylvania Rules of Civil Procedure and Cumberland County Rules of Procedure. • SUBSEQUENT papers may be served by first-class mail'to Defendants at the aforesaid Columbia Drive and Wharton Court addresses, with service to be deemed complete upon mailing. PLAINTIFF shall file a certificate of service to assure compliance with this Order of Court. BY THE COURT. Thomas A. Placey, C.P.J. Distribution: /Gary Dennis Martell ✓ enene Patricia Martell Phelan nan q mve:3 1-LP • 6p� �+a oy-aq -,.3 n o c) r C c �a =. o et) C' �y c N „_, cs s.O Oo .1 cr, to A W N -t 0. M•+ * n c CZN Z ~ o O 0 * * * * * * * �„i * * * * * * * * * * * * * * * * * * * * * * * * * * • n o `" n ° G� z � `� G� c" G == x�� , �m� ozo zOz n -0 rz -0r -cr , :4- _ z -c ° r o y c x � . � 3 � g b3xro = b a ? nx 1 o ° v r" � rG72AY z '' > z a ? efl o r � � ryzam zto .3z N roTr r °� z til t v � - n - v � ;> z — > vp -4p 2N v z .rL �? .., � 4 zn4 -lzn4 Kt ,c, (� v� c � � c < � nY > nYm (°, = z A A .,=,. F x ■•-i MI r r rA c p-1 -0 r r m r 1 r" `� - r I r" rr t- ° r� a - CD g a A N O O 2 O O M 4 0 . r i. * 5,) ;F• .• • ..I Y' U.S.POSTAGE>>PITNEY BOWES ■'. O.: ZIP 19103 • • 02 1 w $ 003.04 . : 't. 0001381 191 MAY 10 2013 7178 2417 6099 0135 0420 LXH/300977 GARY DENNIS MARTELL, JR 9 COLUMBIA DRIVE CAMP HILL, PA 17011-7634 --fold here(regular) --fold here(6x9) --fold here(regular) Lily Hainey From: US_Postal_Service @usps.com Sent: Wednesday, August 28, 2013 1:36 PM To: Lily Hainey Subject: U.S. Postal Service Track& Confirm email Restoration -71782417609901350420 This is a post-only message. Please do not respond. LILY HAINEY has requested that you receive this restoration information for Track&Confirm as listed below. Current Track&Confirm e-mail information provided by the U.S. Postal Service. Label Number: 71782417609901350420 Service Type: Certified Mail1M Shipment Activity Location Date &Time Unclaimed NOVI MI 48376 June 5, 2013 7:17 am Notice Left NOVI MI 48377 May 20, 2013 1:58 pm Processed through USPS Sort Facility PONTIAC MI 48340 May 18, 2013 5:57 pm Processed through USPS Sort Facility PONTIAC MI 48340 May 15, 2013 10:50 am Processed through USPS Sort Facility LANCASTER PA 17604 May 12, 2013 3:16 pm Depart USPS Sort Facility PHILADELPHIA PA 19176 May 11, 2013 Processed at USPS Origin Sort Facility PHILADELPHIA PA 19176 May 10, 2013 10:43 pm Dispatched to Sort Facility PHILADELPHIA PA 19102 May 10, 2013 6:04 pm Acceptance PHILADELPHIA PA 19102 May 10, 2013 4:01 pm Electronic Shipping Info Received May 10, 2013 USPS has not verified the validity of any email addresses submitted via its online Track& Confirm tool. For more information, or if you have additional questions on Track& Confirm services and features, please visit the Frequently Asked Questions (FAQs) section of our Track&Confirm tool at http://www.usps.com/shipping/trackandconfirmfaqs.htm. 1 7178 2417 6099 0135 0437 LXH/300977 GARY DENNIS MARTELL, JR 29589 WHARTON COURT NOVI, MI 48377-0000 --fold here(regular) --fold here(6x9) --fold here(regular) Lily Hainey From: US_Postal_Service @usps.com Sent: Wednesday, August 28, 2013 1:36 PM To: Lily Hainey Subject: U.S. Postal Service Track& Confirm email Restoration -71782417609901350437 This is a post-only message. Please do not respond. LILY HAINEY has requested that you receive this restoration information for Track&Confirm as listed below. Current Track&Confirm e-mail information provided by the U.S. Postal Service. Label Number: 71782417609901350437 Service Type: Certified Mail- Shipment Activity Location Date &Time Delivered PHILADELPHIA PA 19102 June 4, 2013 9:50 am Available for Pickup PHILADELPHIA PA 19103 June 3, 2013 11:53 am Processed through USPS Sort Facility PHILADELPHIA PA 19176 June 2, 2013 11:10 pm Depart USPS Sort Facility PONTIAC MI 48340 May 31, 2013 Processed through USPS Sort Facility PONTIAC MI 48340 May 31, 2013 9:07 pm Unclaimed NOVI MI 48376 May 31, 2013 9:58 am Notice Left NOVI MI 48377 May 13, 2013 3:18 pm Arrival at Unit NOVI MI 48375 May 13, 2013 2:26 am Processed through USPS Sort Facility PONTIAC MI 48340 May 12, 2013 9:57 pm Depart USPS Sort Facility PHILADELPHIA PA 19176 May 11, 2013 Processed at USPS Origin Sort Facility PHILADELPHIA PA 19176 May 10, 2013 10:43 pm Dispatched to Sort Facility PHILADELPHIA PA 19102 May 10, 2013 6:04 pm Acceptance PHILADELPHIA PA 19102 May 10, 2013 4:01 pm Electronic Shipping Info Received May 10, 2013 USPS has not verified the validity of any email addresses submitted via its online Track& Confirm tool. For more information, or if you have additional questions on Track&Confirm services and features, please visit the Frequently Asked Questions (FAQs) section of our Track& Confirm tool at http://www.usps.com/shippina/trackandconfirmfaos.htm. 1 11 111 110 11 7178 2417 6099 0135 0444 LXH/300977 JENENE PATRICIA MARTELL 9 COLUMBIA DRIVE CAMP HILL, PA 17011-7634 --fold here(regular) --fold here(6x9) --fold here(regular) Lily Hainey From: US_Postal_Service @usps.com Sent: Wednesday, August 28, 2013 1:36 PM To: Lily Hainey Subject: U.S. Postal Service Track&Confirm email Restoration -71782417609901350444 This is a post-only message. Please do not respond. LILY HAINEY has requested that you receive this restoration information for Track&Confirm as listed below. Current Track&Confirm e-mail information provided by the U.S. Postal Service. Label Number: 71782417609901350444 Service Type: Certified Mail Shipment Activity Location Date &Time Unclaimed NOVI MI 48376 June 5, 2013 7:17 am Notice Left NOVI MI 48377 May 20, 2013 1:58 pm Arrival at Unit NOVI MI 48375 May 20, 2013 5:04 am Processed through USPS Sort Facility PONTIAC MI 48340 May 19, 2013 12:43 am Processed through USPS Sort Facility PONTIAC MI 48340 May 18, 2013 5:57 pm Processed through USPS Sort Facility PONTIAC MI 48340 May 15, 2013 10:50 am Processed through USPS Sort Facility LANCASTER PA 17604 May 12, 2013 3:16 pm Depart USPS Sort Facility PHILADELPHIA PA 19176 May 11, 2013 Processed at USPS Origin Sort Facility PHILADELPHIA PA 19176 May 10, 2013 10:43 pm Dispatched to Sort Facility PHILADELPHIA PA 19102 May 10, 2013 6:04 pm Acceptance PHILADELPHIA PA 19102 May 10, 2013 4:01 pm Electronic Shipping Info Received May 10, 2013 USPS has not verified the validity of any email addresses submitted via its online Track&Confirm tool. For more information, or if you have additional questions on Track&Confirm services and features, please visit the Frequently Asked Questions (FAQs) section of our Track&Confirm tool at http://www.usps.com/shipping/trackandconfirmfaqs.htm. 1 11 11 1111 11111 111 7178 2417 6099 0135 0451 LXH/300977 JENENE PATRICIA MARTELL 29589 WHARTON COURT NOVI, MI 48377-0000 --fold here(regular) --fold here(6x9) --fold here(regular) Lily Hainey From: US_Postal_Service @usps.com Sent: Wednesday, August 28, 2013 1:35 PM To: Lily Hainey Subject: U.S. Postal Service Track&Confirm email Restoration -71782417609901350451 This is a post-only message. Please do not respond. LILY HAINEY has requested that you receive this restoration information for Track& Confirm as listed below. Current Track&Confirm e-mail information provided by the U.S. Postal Service. Label Number: 71782417609901350451 Service Type: Certified MailT"" Shipment Activity Location Date &Time Processed through USPS Sort Facility PHILADELPHIA PA 19176 June 7, 2013 3:57 pm Depart USPS Sort Facility PONTIAC MI 48340 May 31, 2013 Processed through USPS Sort Facility PONTIAC MI 48340 May 31, 2013 7:47 pm Unclaimed NOVI MI 48376 May 31, 2013 9:58 am Notice Left NOVI MI 48377 May 13, 2013 3:18 pm Arrival at Unit NOVI MI 48375 May 13, 2013 2:26 am Processed through USPS Sort Facility PONTIAC MI 48340 May 12, 2013 9:57 pm Depart USPS Sort Facility PHILADELPHIA PA 19176 May 11, 2013 Processed at USPS Origin Sort Facility PHILADELPHIA PA 19176 May 10, 2013 10:43 pm Dispatched to Sort Facility PHILADELPHIA PA 19102 May 10, 2013 6:04 pm Acceptance PHILADELPHIA PA 19102 May 10, 2013 4:01 pm Electronic Shipping Info Received May 10, 2013 USPS has not verified the validity of any email addresses submitted via its online Track& Confirm tool. For more information, or if you have additional questions on Track&Confirm services and features, please visit the Frequently Asked Questions (FAQs) section of our Track&Confirm tool at http://www.usps.com/shipping/trackandconfirmfaqs.htnn. 1 • AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY • FREEDOM MORTGAGE CORPORATION . PHS#300977 DEFENDANT SERVICE TEAM/spl GARY DENNIS MARTELL,JR COURT NO.: 125234`-CIVIL JENENE PATRICIA MARTELL SERVE JENENE PATRICIA MARTELL AT: TYPE OF ACTION 9 COLUMBIA DRIVE XX Notice of Sheriff's Sale CAMP HILL,PA 17011-7634 SALE DATE:09/04/2013 ****PLEASE POST THE PROPERTY*** **PLEASE POST PROPERTY IN ACCORDANCE WITH THE COURT ORDER** SERVED -7�� + /S Served an made known to JENENE PATRICIA MARTELL,Defendant on the �"�iay of ' ``1 ,20 (.>,at Z' ,o'clock M.,at 9 COLUMBIA DRIVE,CAMP HILL,PA 17011-7634,in the manner described below: Defe dant 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. XX Other: POSTED THE PROPERTY . Description: Age Height Weight Race Sex Other I, lak ,a competent adult,hereby verify that I personally posted the property with a true and correct copy o the Notice of Sheriff's Sale in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: c/w(2 (3 NAME: ' PRINTED NAME: A &('4\ re I ft TITLE: 7( S SG1wt-v- NOT SERVED On the day of 20 , at o'clock_.M.,I, ,a competent adult hereby state thatfendyant NOT FOUND because: Vacant Does Not Exist Moved _Does Not Reside(Not Vacant) No Answer on at ,• at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T.Phelan,Esq.,Id.No.32227 Francis S.Hallinan,Esq..Id.No.62695 Daniel G.Schmiee,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.Zuckerman.Esq.,Id.No.309519 Melissa J.Cantwell,Esq.,Id.No.308912 Mario J.Hanyon,Esq..Id.No.203993 • I .Y AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY •. FREEDOM MORTGAGE CORPORATION PHS#300977 DEFENDANT SERVICE TEAM/so! GARY DENNIS MARTELL,JR COURT NO.: 12- 234-CIVIL JENENE PATRICIA MARTELL SERVE GARY DENNIS MARTELL,JR AT: TYPE OF ACTION 9 COLUMBIA DRIVE XX Notice of Sheriff's Sale CAMP HILL,PA 17011-7634 SALE DATE:09/04/2013 ****PLEASE POST THE PROPERTY*** **PLEASE POST PROPERTY IN ACCORDANCE WITH THE COURT ORDER** SERVED Served a made known to GARY DENNIS MARTELL,JR,Defendant on the day of MN ,20 13,at L J(5 ,o'clock M.,at 9 COLUMBIA DRIVE,CAMP HILL,PA 17011-7634,in the manner described below: Defe p ant 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. XX Other: POSTED THE PROPERTY . Description: Age Height Weight Race Sex Other I,I I\y QQ(_y_,a competent adult,hereby verify that I personally posted the property with a true and con-ect copy of Notice of Sheriff's Sale in the manner as set forth herein,issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. iejjAct I. NAME: A DATE: / PRINTED NAME: w 0 AME. 1" 1 P TITLE: 0 CC- S, S NOT SERVED On the day of 20 ,at o'clock .M.,I, ,a competent adult hereby state that Defendant NOT FOUND because : Vacant Does Not Exist _Moved _Does Not Reside(Not Vacant) No Answer on at ,• at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T.Phelan,Esq.,Id.No.32227 Francis S.Hallinan,Esq.,Id.No.62695 Daniel G.Schmieg,Esq.,Id.No.62205 Michele M.Bradford,Esq.,Id.No.69849 Judith T.Romano,Esq.,Id.No.58745 Jenine R.Davey,Esq..Id.No.87077 Lauren R.Tabas,Esq..Id.No.93337 Jay B.Jones,Esq.,Id.No.86657 Andrew L.Spivack,Esq.,Id.No.84439 Chrisovalante P.Fliakos,Esq..Id.No.94620 Courtenay R.Dunn.Esq.,Id.No.206779 ) Allison F.Zuckerman.Esq..Id.No.309519 Melissa J.Cantwell.Esq.,Id.No.308912 Mario J.Hanyon,Esq.,Id.No.203993 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA . . ss. COUNTY OF CUMBERLAND . Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz May 24, 2013 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. �2 �a Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 24 day of May, 2013 i , , . d_ Notary NOTARIAL.SEAL DEBORAH A COLLINS Notary Public L ARLI$LE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 • CUMBERLAND LAW JOURNAL NOTICE OF SHERIFF'S SALE In the Court of Common Pleas of Cumberland County, Pennsylvania NO. 12-5234-CIVIL FREEDOM MORTGAGE CORPORATION vs. GARY DENNIS MARTELL,JR. and JENENE PATRICIA MARTELL NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NOTICE TO: GARY DENNIS MAR- TELL,JR.and JENENE PATRICIA MARTELL Being Premises: 9 COLUMBIA DRIVE,CAMP HILL,PA 17011-7634. Being in LOWER ALLEN TOWN- SHIP, County of CUMBERLAND, Commonwealth of Pennsylvania, 13-24-0807-007. Improvements consist of residen- tial property. Sold as the property of GARY DENNIS MARTELL,JR.and JENENE PATRICIA MARTELL. Your house (real estate) at 9 COLUMBIA DRIVE, CAMP HILL, PA 17011-7634 is scheduled to be sold at the Sheriff's Sale on September 4, 2013 at 10:00 A.M., at the CUM- BERLAND County Courthouse, 1 Courthouse Square,Room 303,Car- lisle,PA 17013,to enforce the Court Judgment of$276,175.34 obtained by,FREEDOM MORTGAGE CORPO- RATION(the mortgagee),against the above premises. PHELAN HALLINAN,LLP Attorneys for Plaintiff May 24 9 U) Cu c ?� sv ? s o _ --I 6 O ° � • '< m f0n cn �, w = � o 3. ON mn o Q `D w 3 xCD ° HP E`< CD Z tp N . tAD Q CD A �. 7 0) _ f, D � o U1 w CD m n m O t (D n C AM 3 Q m s , 7 s D Cl) �-Cy _ 0 pF O Q O > : �7 t J 4 ¢1 �'�j o_- 3 • - O 2 • L_ O CD N l co .+ Li; CD Q �. u?C �Z C O cr CD — 7 C2 < �8-, Z N N N n O � � }m m O O Cl CD O o C) `G Xp-n 29, `• Q O' Q. Q n vl a 7 p' ro a b.' Ali p to CD N o O m m' G7 `< t a, N C c 3 13 n Z CAD CD CD 7 C1 m DT 500=0-0-< ZCn rw-ICD z-iZ -1c)«1 v o= m0=.0CsoDOC mo mom o o m>cn= m ,K0 go-- Zo.-Z�W5 -.I -i rip m s m'r a om�.i,- m�3ao co non r� m w °y v 333% iom ma>m a r 3 ODQ Z -n mnw cn lf— m o0c %wm n-�m 3 O m wal- _z K n_ ro aZ a9 Ca.00u;°—' Dv°m*m y mrmD 333 3-a oZ ymcyCmy D�C�= co =r= D 0 mmZ w n J J_ o?D (� = D 70D®c�cmy 0��m O ai z mm- m ZOCm �om"°w r=m?-.1 0 m — w 70D Nn��co D~==on �yNO D 7D Cn0�2 -NS v0 °m�� v y w Nc m .2:E zw.,w _ a D Zn au w3og zw-= < m �� ^votIDacD use--7 !n D m m O <T�n! m 3)w D >o ca 0 ` m Z rZZW 3 O w 5�� AC 7D z Zia O v-.zCD= --h oo '0 13 w m Orm w3'm�7m r cZ _ a D ra WGDc° A ` o� r m 33 ZN tIc i,z K �C y m D a so m0 o K -. z wmwcm? ` m `1 m K 0 omo�g� m II D PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Jackie Cox,Sales Director, of The Sentinel, of the County and State aforesaid,being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid,was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): May 15, 2013 COPY OF NOTICE OF PUBLICATION NOTICE OF SHERIFF'S SALE IN THE COURT OF COMMON PLEAS • OF CUMBERLAND 2-55234-CIVIL PENNSYLVANIA Affiant further deposes that he/she is not FREEDOM MORTGAGE CORPORATION, • interested in the subject matter of the GARY DENNIS MARTELL,JR and JENENE MARTELL aforesaid notice or advertisement, and that E NOTICE TO:GARY DENNIS MARTELL,JR and JENENE PATRICIA all allegations in the foregoing statement as MARTELL NOTICE OF SHERIFF'S SALE OF REAL PROPERTY to time, place and character of publication Being Premises:9 COLUMBIA DRIVE,CAMP HILL,PA,17011-7634 re ue. Being in LOWER ALLEN TOWNSHIP,County of CUMBERLAND, ailfrO ��Commonwealth of Pehnsylvanie,13-24-0807-007 Improvements consist of residential property. Sold as the property of GARY DENNIS MARTELL,JR and JENENE PATRICIA MARTELL Your house(real estate)at 9 COLUMBIA DRIVE,CAMP HILL,PA 170114834 is scheduled to be sold at the Sheriffs Sale on 09/04/2013 at 10:00 AM,at the CUMBERLAND County Courthouse,1,Courthouse Square,Room 303, Carlisle,PA 17013,to enforce the Court Judgment of$276,175.34 obtained by,FREEDOM MORTGAGE CORPORATION(the mortgagee),against the above premises. Sworn to and subscribed before me this PHELAN HALLINAN,LLP Attorney for Plaintiff -.T ..,r 20(3. d �i i Notary Public My commission expires: NOTARIAL SEAL BANMBI ANN HECKENDORN ./ Notary Public CARLISLE BOROUGH, CLIt:IBFRLAND CNTY r i.y Commission Expires 2014 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith k ,1 Chief Deputy I -. k r 4 Fit') : . , Richard W Stewart r' ' j iy I Solicitor oFFIGE OF-mE S RIFF Y,r 1 ,r Freedom Mortgage Corporation Case Number vs. Gary Dennis Martell, Jr. (et al.) 2012-5234 SHERIFF'S RETURN OF SERVICE 04/03/2013 12:52 PM - Deputy Shawn Harrison, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 9 Columbia Drive, Lower Allen Township, Camp Hill, PA 17011, Cumberland County. 05/08/2013 As directed by Francis Hallinan, Attorney for the Plaintiff, Sheriffs Sale Continued to 9/4/2013 09/04/2013 As directed by Francis Hallinan, Attorney for the Plaintiff, Sheriffs Sale Continued to 10/2/2013 10/02/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberland County, PA on October 2, 2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Joseph Schalk, on behalf of Secretary of Veterans Affairs, an Officer of the United States of America, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $976.46 SO ANSWERS, /1Z, X4.1 December 10, 2013 RONNW ANDERSON, SHERIFF a -as' /201 • 3v 1v .?oo ys-5 .c;!::ounySute Shrrtft Td,osott.In FREEDOM MORTGAGE CORPORATION • COURT OF COMMON PLEAS Plaintiff • CIVIL DIVISION v. • NO.: 12-5234-CIVIL GARY DENNIS MARTELL,JR • JENENE PATRICIA MARTELL . • Defendant(s) CUMBERLAND COUNTY • PHS #300977 AFFIDAVIT PURSUANT TO RULE 3129.1 FREEDOM MORTGAGE CORPORATION,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed;the following information concerning the real property located at 9 COLUMBIA DRIVE,CAMP HILL,PA 17011-7634. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) GARY DENNIS MARTELL,JR 29589 WHARTON COURT NOVI,MI 48377 JENENE PATRICIA MARTELL 29589 WHARTON COURT NOVI,MI 48377 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) GARY DENNIS MARTELL,JR 29589 WHARTON COURT NOVI,MI 48377 JENENE PATRICIA MARTELL 29589 WHARTON COURT NOVI;MI 48377 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) • _ . • .. ADVANTAGE ASSETS II INC 1001 EAST HECTOR STREET C/O GORDON&WEINBERG PC SUITE 220 ATTN:FREDERIC I.WEINBERG,ESQ. CONSHOHOCKEN,PA 19428 ADVANTAGE ASSETS II INC. 7322 SOUTHWEST FREEWAY • • HOUSTON,TX 77074 • CACH LLC 4340 SOUTH MONACO STREET • 2ND FLOOR DENVER,CO 80237 • • CACH LLC 520 FELLOWSHIP ROAD#C306 C/O APOTHAKER&ASSOCIATES PC MT.LAUREL,NJ 08054 . • • • ATTN:.DAVID J:APOcTHAKER,ESQ. •. •• . • . • • • • • 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) CEDAR CLIFF MANOR ASSOCIATION 18A COLGATE DRIVE . CAMP HILL,PA 17011 CEDAR CLIFF MANOR.ASSOCIATION 8 GRINNEL DRIVE CAMP HILL,PA 17011 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 by the sale: • Name Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 9 COLUMBIA DRIVE CAMP HILL,PA 17011-7634 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 • COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 • INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE • ROOM 704 • • PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 •• • • • • DISTRICT OF PA • HARRISBURG,PA 17108-1754 • • FEDERAL BUILDING COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 280601 INHERITANCE TAX DIVISION HARRISBURG,PA 17128 • DEPARTMENT OF PUBLIC WELFARE P.O.BOX 8486 TPL CASUALTY UNIT WILLOW OAK BUILDING ESTATE RECOVERY PROGRAM • HARRISBURG,PA 17105 • • • • • • • • • • • • • I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties • of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. • • • • AidlEir. Date: By. Ph Win,LL' Andrew J. Marley,Esq.,Id.No.312314 Attorney for Plaintiff 7 • • • • • • • • • FREEDOM MORTGAGE CORPORATION : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION vs. : NO.: 12-5234-CIVIL GARY DENNIS MARTELL,JR JENENE PATRICIA MARTELL : CUMBERLAND COUNTY Defendant(s) : • NOTICE OF SHERIFF'S SALE OF REAL PROPERTY - TO: GARY DENNIS MARTELL,JR JENENE PATRICIA MARTELL 29589 WHARTON COURT NOVI,MI 48377. **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 9 COLUMBIA DRIVE,CAMP HILL,PA 17011-7634 is scheduled to be sold at the Sheriff's Sale on 06/05/2013 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street,Carlisle,PA 17013to enforce the court judgment of$276,175.34 obtained by FREEDOM MORTGAGE CORPORATION(the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments;late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the • price bid by calling 215-563-7000.• . • . • . . • •• • • 2. You may be•able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. • 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the 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 • • • • • • • • • • • V LEGAL DESCRIPTION • ALL THAT CERTAIN piece or parcel of land situated in Lower Allen Township, Cumberland County; Pennsylvania,bounded and described as follows,to wit: BEGINNING at a point on the eastern side of a 50 feet wide road known as Columbia Drive which point, measured along the eastern side of Columbia Drive,is 80 feet south of the southeast corner of Columbia Drive and Citadel Drive and which point is also at the southwest corner of Lot No.90 on the Plan of Lots hereinafter referred to;thence eastwardly along the southern line of Lot No.90 aforesaid 125 feet to a point at the eastern line of Lot No. 105 on the Plan of Lots hereinafter referred to;thence southwardly along the eastern line of Lot No. 105 aforesaid 70 feet to a point,being the northern line of Lot No.92 on the Plan of Lots hereinafter referred to;thence westwardly along the northern line of Lot No.92 aforesaid 125 feet to a • point along the eastern side of Columbia Drive;thence northwardly along the eastern side of Columbia Drive • •70 feet to a point,being the place.of BEGINNING. • • • • • • BEING Lot No.91 on the Plan known as Part of Plan No. 2,Cedar Cliff Manor,which Plan was approved by the Commissioners of Lower Allen Township on January 12, 1955 and is recorded in the Office of the Recorder of Deeds in and for Cumberland County,Pennsylvania,in Plan Book 7,Page 13. UNDER AND SUBJECT,nevertheless to all restrictions,reservations,conditions,covenants,easements and rights of way of prior record. HAVING ERECTED.THEREON a dwelling house. TITLE TO SAID PREMISES IS VESTED IN Gary Dennis Martell,Jr. and Jenene Patrica Martell, h/w, by Deed from Ming Wei and Kun Wang, h/w, dated 05/01/2006,recorded 05/04/2006 in Book 274, Page 1816. PREMISES BEING: 9 COLUMBIA DRIVE,CAMP HILL,PA 17011-7634 PARCEL NO. 13-24-0807-007 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 12-5234-CIVIL • FREEDOM MORTGAGE CORPORATION vs. GARY DENNIS MARTELL, JR JENENE PATRICIA MARTELL owner(s) of property situate in LOWER ALLEN TOWNSHIP, Cumberland County, Pennsylvania, being • • (Municipality) . ' • • 9 COLUMBIA DRIVE, CAMP HILL, PA 17011-7634 Parcel No. 13-24-0807-007 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $276,175.34 Phelan Hallinan,LLP Attorney for Plaintiff 1617 JFK Boulevard,Suite 1400 Philadelphia,PA 19103 215-563-7000 • • WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-5234 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FREEDOM MORTGAGE CORPORATION Plaintiff(s) From GARY DENNIS MARTELL,JR,JENENE PATRICIA MARTELL (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 garnishees) 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: $276,175.34 L.L.:$.50 Interest FROM 12/14/2012 TO DATE OF SALE($45.40 PER DIEM)-$7,899.60 Atty's Comm: Due Prothy: $2.25 Atty Paid: $217.75 Other Costs: Plaintiff Paid: Date: 2/14/2013 - 1 David D. Buell, Prothonota (Seal) . 1L Deputy REQUESTING PARTY: Name:ANDREW J. MARLEY,ESQUIRE Address: PHELAN HALLINAN,LLP 1617 JFK BOULEVARD,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No.312314 TRUE COPY FROM RECORD In Testimony whereof,I here unto set my hand and the seal of said Cou at Carlisle,Pa. This 4tday of ,20 /.\ Pr honotaryA CUMBERLAND LAW JOURNAL Writ No. 2012-5234 Civil FREEDOM MORTGAGE CORPORATION vs. GARY DENNIS MARTELL,JR., Jenene Patricia Martell Atty.: Francis Hallinan By virtue of a Writ of Execution NO. 12-5234-CIVIL, FREEDOM MORTGAGE CORPORATION vs. GARY DENNIS MARTELL, JR,JEN- ENE PATRICIA MARTELL owner(s)of property situate in LOWER ALLEN TOWNSHIP, Cumberland County, Pennsylvania, being 9 COLUMBIA DRIVE,CAMP HILL,PA 17011-7634. Parcel No. 13-24-0807-007. Improvements thereon:RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT:$276,175- .34. 50 r PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne,Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 12, April 19 and April 26, 2013 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. r sa Marie Coyne, E for SWORN TO AND SUBSCRIBED before me this 26 day of April, 2013 _� «.,�.i. I. .. :. - Notary y NO1ARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 he Patriot-News Co. 020 Technology Pkwy be atiiotNews Suite 300 Mechanicsburg, PA 17050 Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE 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 Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. This ad ran on the date(s)shown below: 20125234 Civil FREEDOM MORTGAGE 04/16/13 :CORPORATION vs. ? 04/23/13 GARY DENNIS MARTELL,JR. _ 04/30/13 Amens Patricia Martell e Atty: Francis Flat inan �J ;�" By virtue of a Writ of Execution NO. SGT 12-5234-gVIL FREEDOM MORTGAGE• CORPORATION • Sworn to and subscribed before me this 13 day of May, 2013 A.D. vs. GARY DENNIS MARTELL,JR , � � \ , 11! 1` 1 ow'n )o situate m LOWER �t.�_ - �- - .. ALLEN TOWNSIIIP, Cumberland . otatY Public , County,Pennsylvania,being (Municipality) 9 COLUMBIA DRIVE,CAMP HILL,PA 17011-7634 c IN o.13-24-0$07.007 Parcel No. COMMONWEALTH OF PENNSYLVANIA (Acreage or street address) Notarial Seal Improvements thereon: ENTIAL Holly Lynn Warfel,Notary Public DWELLING Washington Twp.,Dauphin County JUDGMENT AMOUNT.$276,175.34 My Commission Expires Dec.12,2016 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Secretary of Veterans Affairs is the grantee the same having been sold to said grantee on the 2nd day of October A.D., 2013, under and by virtue of a writ Execution issued on the 14th day of February, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 5234, at the suit of Freedom Mortgage Corporation against Gary Dennis Martell Jr. and Jenene Patricia Martell is duly recorded as Instrument Number 201401091. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this IL/ day of Jc(o . , A.D. a()f q 1{,,OlUtei . W,Lthryi be_p Recorder of Deeds Recorder of Deeds,Cumberland County,Carlisle,PA My Commission Expires the First Monday of Jan.2018