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Home My WebLink About13-0859 C-1 C C—_ i -10 PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 = F� 215-563-7000 Attorney for Plaintiff Cn PHH MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD Court of Common Pleas MOUNT LAUREL,NJ 08054 Civil Division Plaintiff Tenn V. No. 2013-859-CIVIL GLENN R. SULLIVAN 426 ALLENDALE WAY Cumberland County CAMP HILL,PA 17011-8408 Defendant MOTION TO LIFT CONCILIATION STAY Plaintiff, PHH Mortgage Corporation, 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 February 19, 2013, Plaintiff fled a Complaint in Mortgage Foreclosure against Defendant for his failure to make monthly payments of principal and interest upon his mortgage due May 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 February 21, 2013, Plaintiff completed service of the Complaint in Mortgage Foreclosure along with service of the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice for the Defendant. A true and correct copy of the Affidavit of Service is attached hereto, made part hereof and marked as Exhibit B. 311410 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 fiom the Diversion Program. 6. Defendant failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty (60) days of service. 7. Since Defendant opted not to participate in the Diversion Program, it is appropriate for the stay to be lifted. WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic stay be lifted. Respectfully submitted, P 4phScl�alk—, Esquire ALLINAN, LLP Date: o 3 BY: o At r Plaintiff 311410 Exhibit A rm rvl r O F, -< co PHELAN HALLINAN,LLP Meredith Wooters,Esq.,Id.No.307207 1617 JFK Boulevard,Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 PHH MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD COURT OF COMMON PLEAS MOUNT LAUREL,NJ 08054 CIVIL DIVISION Plaintiff V. TERM GLENN R.SULLIVAN NO. �Ull 426 ALLENDALE WAY CAMP HILL,PA 17011-8408 CUMBERLAND COUNTY Defendant CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE O��P r d File#. 311410 NonCE 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 YOIJ DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SE':I'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 INFORMA'T'ION ABOUT AGENCIES TI4AT MAY OFFER s LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. t CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE i 2 LIBERTY AVENUE CARLISLE..,PA 17013 (717)249-3166 (.800)990-9108 File N: 311410 i l. Plaintiff is PHH MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD MOUNT LAUREL,NJ 08054 1 The name(s) and last known address(es) of the Defendant(s) are: GLENN R.SULLIVAN 426 ALLENDALE WAY CAMP.HILL,PA 17011-8408 who is/are the mortgagor(s) acid/or real owners) of the property hereinafter described. 3: On 12/06/2007 GLENN R. SULLIVAN made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE'ELECTRONIC REGISTRATION SYSTEMS, INC AS NOMINEE.:I'OR ERA liOME LOANS which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No. 200746968. By Assignment of Mortgage recorded 01/07/2009 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 200900469.The mortgage and assignment(s), if any, are P matters of public record and are incorporated herein by reference in accordance with f 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 05/01/2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor,the entire principal balance and all interest due thereon are collectible forthwith. Filcfi: 311410 6. The following amounts are due on the mortgage as of 09/12/2012: Principal Balance $243,13894 Interest $17,588.73 04/01/2011 through 09/12/2012 Late Charges $897.78 Mortgage Insurance Premium/ $582.38 =Private Mortgage Insurance Escrow Deficit $13,757.17 TOTAL $275,965.00 T. Plaintiff is not seeking a judgment of personal liability (or an in personal 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 Defendants) 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,Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, 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, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing finance Agency. 9. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar.amount provided in the statute. 't pile N: 311410 WHEREFORE,Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $275,965.00,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. PHEI.,AN HAI..,I..INAN, I:.,LP By: ft� AjM" Meredith Wooters, Esq., Id.No.307207 Attorney for Plaintiff i f rile#: 311410 k LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground with the buildings and improvements thereon erected, situate in the Township of Lower Allen, County of Cumberland, Commonwealth of Pennsylvania, described in accordance with a Plan of Lots entitled Section No, I, Allendale Development Corporation, made by Damon and Poster, Civil Engineers, Sharon Hill, Pennsylvania, dated April 18, 1960 and recorded in Plan Book 11, Page 35, as follows, to wit: BEGINNING at a point on the western side of Allendale Way, said point being two hundred seven and fifty-seven one-hundredths feet measured South, along Allendale Way 'from the southerly terminus of a twenty-five feet radius curve which connects the said side of Allendale Way and the southerly side of Candlewyck Road;thence extending along Allendale Way, south twenty-two degrees thirty minutes sixteen seconds east, one hundred ten feet to a point;thence south sixty-seven degrees twenty-nine minutes forty-four seconds west, one hundred forty-nine 1 and twenty-four one-hundredths feet; thence north nineteen degrees thirty minutes sixteen seconds west, one hundred ten and fifteen one-hundredths feet to a corner of Lot No. I 1 on said Plan; thence along Lot No. 11, North sixty-seven degrees twenty-nine minutes forty-four i� seconds east, one hundred forty-three and forty-eight one-hundredths feet to the point and place 1 of BEGINNING. t BEING Lot No. 10 on the aforesaid flan. HAVING THEREON ERECTED a split-level brick and frame dwelling known and numbered as 426 Allendale Way, Camp Hill, Pennsylvania. File u: 311410 b. 1 BEING the same premises which Shari L. Weller and Scott Cog.ley, by Deed of even date, produced herewith and intending to be recorded, granted and conveyed unto Glenn R. Sullivan, a married man, Mortgagor herein. PROPERTY ADDRESS: 426 ALLENDALE WAY,CAMP HILL,PA 17011-8408 PARCEL# 13-24-0807-147 f 1 C 1 a i a i File a: 311410 5 VERIFICATION Assistant !lice President �;k��,'hcrcliY states that he/she 1s __.._. . of, PHH MORTGAGE CORPORATION, Plaintiff in this matter,that he/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec.4904 relating to unsworn falsification to authorities. By PHH Mortgage Corporation, Its authorized agent, Date' PHS #: 3114 10 Name: SULLIVAN 1 File fit: 311410 FORM 1. IN THE COURT OF COMMON PLEAS PHH MORTGAGE CORPORATION OF CUMBERI.,AND COUNTY,PENNSYLVANIA Plaintiff(s) vs. GLF.,NN R.SULLIVAN Defendant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your[tone. If you own and live in the residential property which is the subject of this foreclosure action,you may be able to participate in a court-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 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 2510 and request appointment of a legal representative at no charge to you. Once you 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. if you and your legal representative complete a financial worksheet in the format attached hereto,the legal representative will prepare and a Request for Conciliation Conference with the Court,which must be filed with the Court within sixty(60)days of the service.upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you will have an 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. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal 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 file a Request for Conciliation Conference with the Court,which must.be filed within sixty(60)days of the service upon you of the foreclosure complaint.If you do so and a conciliation conference is scheduled;you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit.proceeds forward. IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACTT QUICKLY AND TAKE THE;STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted:_ Date Meredith Wooters,Esq.,Id. No.307207 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worlisheet 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 determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: CUSTOME 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: Gip: Phone Numbers: Home.. Office: Cell: . Other: Email: #of people in household.: _ How long?.. CO- ORR Mailing Address:, City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? a e 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: Is the loan in Bankruptcy? Yes ❑ No❑ If yes, provide names, location of court,case number& attorney': Assets_ Af obntO:wed: Value: Home: $ $ Other Real Estate:. $ $ Retirement Funds: $._ Investments: - Checking: Savings: $ $ _ Other: $ $ Automobile-#.I: Model: Year: Amount owed:. Automobile#2: Model, Amount owed:. Value: Other transportation (automobiles,boats,motorcycles): Model:__. Year: Amount owed: Value Monthly Income Name of Employers: I... �� 1 11 Monthly Gross Monthly Net _ 2-,. Monthly Gross Monthly Net 3.. __ Monthly Gross__ Monthly Net Additional Income Description'(not wages)- l., 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 _ Mortgage Food 2 nd Mort a e Utilities Gar Pay. t s Condo/Neigh. Fees.. Auto Insurance Med. (not covered) Auto fuel/repairs -__- _ _ Other prop.payment Install. Lean Payment Cable TV Child Support/Alim.. _.... _ _ Spen_d.in,g-Money Dad/Child care/Tait, — Other x 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: A 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 your delinquency? Yes❑ No❑ If yes,please.indicate the status of those negotiations.: Please provide the following information, if known,regarding your tender and tender's loan servicing company: Lender's Contact(Name); _................_.._._ u._._....Phone: Servicing Company(Name); Contact: Phone-. AUTHORIZATION I/We, ,authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation 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 tender's counsel: L. Proof of income 2. Past 2 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 (hardship letter) 6. Listing agreement (if property is currently on the market) Exhibit B SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith S.�"�t5}at�nttt6crlrllb Chief Deputy i j Richard W Stewart Solicitor OFF CE of.N9 SKRIFF r PHH Mortgage Corporation Case Number i vs. 2013-859 Glenn R Sullivan i SHERIFF'S RETURN OF SERVICE 02/21/2013 Ronny R Anderson,Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit:.Glenn R Sullivan,but was unable to locate the Defendant in his bailiwick.The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as"Not Found"at 1337 Brandt Ave., New Cumberland Boro.,New Cumberland,PA 17070. 02/29/2013 03:30 PM-Deputy Ryan Burgett, being duly sworn according to law,served the requested Complaint in f Mortgage Foreclosure by handing a true copy to a person representing themselves to be Jolynn Sullivan, 1 wife�of defendant,who accepted as"Adult Person in Charge"for Glenn R Sullivan at 426 Allendale Way, Lower Allen Twp.,Camp Hill, PA 17011. RYAN BURGETT-, DE E SHERIFF COST:$70:00 SO ANSWERS, February 25,2013 RON R ANDERSON,SHERIFF I E i r I 4 c PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 Attorney for Plaintiff PHH MORTGAGE CORPORATION Court of Common Pleas 2001 BISHOPS GATE BLVD MOUNT LAUREL,NJ 08054 Civil Division Plaintiff Term V. No.2013-859-CIVIL GLENN R. SULLIVAN Cumberland County 426 ALLENDALE WAY CAMP HILL, PA 17011-8408 Defendant CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff's Motion to Lift Conciliation Stay and proposed Order were sent via first class mail to the person listed below'on the date indicated: GLENN R. SULLIVAN 426 ALLENDALE WAY CAMP HILL, PA 17011-8408 Date: G By: ose h P. chalk, Esquire Atto ey or Plaintiff 311410 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA PHH MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD Court of Common Pleas MOUNT LAUREL, NJ 08054 Civil Division Plaintiff Term V. No.2013-859-CIVIL GLENN R. SULLIVAN 426 ALLENDALE WAY Cumberland County CAMP HILL, PA 17011-8408 Defendant ORDER AND NOW,this /2` day of �.a"mo- , 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: 4 / J. LL 311410 cc : Glenn R. Sullivan Joseph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 GLENN R. SULLIVAN 426 ALLENDALE WAY CAMP HILL,PA 17011-8408 311410 PHELAN HALLINAN, LLP Attorney for Plaintiff Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 PHH MORTGAGE CORPORATION CUMBERLAND COUNTY VS. COURT OF COMMON PLEAS c- GLENN R. SULLIVAN CIVIL DIVISION x , rr1w No. 13-859-CIVIL cn ` F) p r =C:) Q C PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ND ANSWER AND ASSESSMENT OF DAMAGES c Ln TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against GLENN R. SULLIVAN, Defendant(s)for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $275,965.00 TOTAL $275,965.00 I hereby certify that (1) the Defendant's last known address is 426 ALLENDALE WAY, CAMP HILL,.PA 17011-8408, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1.7 Date 6 J � Adam H. Davis, Esq., Id. No.203034 Atto for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: GL �-3 ee PH#805 172 PROTHONOTARY C#13 33 2r 805172 PHELAN HALLINAN,LLP Attorney for Plaintiff Adam H. Davis,Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHalhnan.com 215-563-7000 C= PHH MORTGAGE CORPORATION CUMBERLAND COUNTY s COURT OF COMMON PLEA VS. U)r CIVIL DIVISION `�- _; GLENN R. SULLIVAN "�`r' No. 13-859-CIVIL = , . ..0 `•`rt .w AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant GLENN R. SULLIVAN is over 18 years of age and resides at 426 ALLENDALE WAY, CAMP HILL, PA 17011-8408. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date Phelan Hallinan,LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 805172 Department of Defense Manpower Data Center Results as of:Aug-07-201312:29:10 SCRA 3.0. j Status Report r ; arsuatit to Servicmembm, Civil'eI ef&d Last Name: SULLIVAN First Name: GLENN Middle Name: R Active Duty Status As Of: Aug-07-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duly End Date Status Service Component NA NAti; This response reflects mr3 irtdividuats'adiye duty status based on`the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status - Service Component NA -NA ` No NA This response reflacts whem the individual left active duty status vhthin 367 days preceding the"Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Cali-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA NO NA This response reflects whether the4idividuaf-6 r his/her unit has received'eaiiy notificalian..to report for active duty Upon searching the data banks of the Department of Defense Manpower Data-Cefiter,-based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information On a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. .HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME,INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. litt Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 (Rule of Civil Procedure No. 236)-Revised PHH MORTGAGE CORPORATION CUMBERLAND COUNTY ' VS. COURT OF COMMON PLEAS GLENN R. SULLIVAN CIVIL DIVISION No. 13-859-CIVIL Notice is giveri that a Judgment in the above-captioned matter has been entered against you on A'?j/3 Byer' r If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Adam.H. Davis,Esq., Id. No.203034 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY.** 805172 PHH MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. GLENN R.SULLIVAN NO. 13-859-CIVIL Defendant(s) CUMBERLAND COUNTY TO: GLENN R.SULLIVAN 426 ALLENDALE WAY CAMP HILL,PA 17011-8408 DATE OF NOTICE: ,,712-3� THIS FIRM IS A DEBT COLLECTOR ATTEMPTING To COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION I Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 (717)249-3166 By: 924&� Jq&lifhan Lobb,Esq.,Id.No.312174 Attorney for Plaintiff Phelan Hallinan,LLP 0 1617 JFK Boulevard,Suite 1400 One Penn,Center Plaza Philadelphia, PA 19103 PH 4 805172 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 PHH MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.• 13-854-CIVIL GLENN R.SULLIVAN Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due $275,965.00 Interest from 0810812013 to Date'of Sale $5,397.84 ($45.36 per diem) C") Cz :f M TOTAL $281,362.84 :;rm C= rl- :;M �Xj C� - CD Phelan Hallinan,LLP c-, Adam H.Davis,Esq.,Id.No.203034 C= Attorney for Plaintiff to Note: Please attach description of property. PH#805172 r,0. 00 10 -3. 16- qqll-3 wlrj-� 01C WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO, 2013-0859 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due PHH Mortgage Corporation Plaintiff(s) From Glenn R.Sullivan (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof, (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $275,965.00 L.L.: $.50 Interest from 08/08/2013 to Date of Sale($45.36 per diem)-$5,397.84 Atty's Comm: Due Prothy: $2.25 Atty Paid:$218.75 Other Costs: Plaintiff Paid: Date; 8/8/2013 David D.Bu 1,Prothonotary (Seal) 'D4. Deputy REQUESTING PARTY: Name:Adam H.-Davis,Esq. Address:Phelan Hallinan,LLP 1617 HK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Attorney for:Plaintiff Telephone:215-563-7000 Supreme Court ID No.203034 PHELAN HALLINAN,LLP Attorneys for Plaintiff Adam H. Davis,Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 PHH MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 13-859-CIVIL GLENN R. SULLIVAN Defendant(s) CUMBERLAND COUNTY CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: the mortgage is an FHA Mortgage the premises is non-owner occupied the premises is vacant (X) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197,41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff r7l AL,w rTi - CF- Z3. C) CT) PHH MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 13-859-CIVIL GLENN R. SULLIVAN Defendant(s) CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 PHH MORTGAGE CORPORATION,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 426 ALLENDALE WAY, CAMP HILL,PA 17011-8408. 1 Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) GLENN R.SULLIVAN 426 ALLENDALE WAY, CAMP HILL,PA 17011-8408 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) GLENN R.SULLIVAN 426 ALLENDALE WAY CAMP HILL,PA 17011-8408 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) C' CITIBANK SOUTH DAKOTA,N.A. 701 EAST 60TH STREET C= r.'= NORTH SIOUX FALLS,SD 57117 M—a =M FrI C= t-— -V CITIBANK SOUTH DAKOTA,N.A. 1060 ANDREW DRIVE SUITE 170 r- WEST CHESTER,PA 19380 -<�> C/)r- C/O BRITT J.SUTTELL,ESQUIRE c) 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) None. :-:7 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) LOWER ALLEN TOWNSHIP AUTHORITY 120 LIMEKILN ROAD NEW CUMBERLAND,PA 17070 LOWER ALLEN TOWNSHIP AUTHORITY 635 N 12TH STREET SUITE 101 C/O STEVEN P.MINER,ESQUIRE LEMOYNE,PA 17043 PH#805172 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) None. 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 426 ALLENDALE WAY CAMP HILL,PA 17011-8408 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 FANNIE MAE P.O.BOX 650043 DALLAS,TX 75265 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: 71t! By: liG2�'�y /..y` Gov_ Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH# 805172 t PHH MORTGAGE CORPORATION : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. NO.: 13-859-CIVIL GLENN R.SULLIVAN Defendant(s) CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: GLENN R. SULLIVAN 426 ALLENDALE WAY CAMP HILL,PA 17011-8408 *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 426 ALLENDALE WAY,CAMP HILL,PA 17011-8408 is scheduled to be sold at the Sheriff's Sale on 1210412013 at 10:00 AM in the Cumberland County Courthouse South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$275,965.00 obtained by PHH MAT49—AGk'' CORPORATION(the mortgagee)against you. In the event the sale is continued, an annoU-E( ne wif r-b& made at said sale in compliance with Pa.R.C.P. Rule 3129.3. � r NOTICE OF OWNER'S RIGHTS ` � YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE p� ry �' To prevent this Sheriff's'Sale, you must take immediate action: -c UN X 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 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) 990-91,08 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground with the buildings and improvements thereon erected,situate in the Township of Lower Allen,County of Cumberland,Commonwealth of Pennsylvania,described in accordance with a Plan of Lots entitled Section No. 1,Allendale Development Corporation,made by Damon and Foster,Civil Engineers,Sharon Hill,Pennsylvania,dated April 1.8, 1960. and recorded in Plan Book 11, Page 35,as follows,to wit: BEGINNING at a point on the western side of Allendale Way, said point being two hundred seven and fifty- seven one-hundredths feet measured South,along Allendale Way from the southerly terminus of a twenty- five feet radius curve which connects the said side of Allendale Way and the southerly side of Candlewyck Road;thence extending along Allendale Way,south twenty-two degrees thirty minutes sixteen seconds east, one hundred ten feet to a point;thence south sixty-seven degrees twenty-nine minutes forty-four seconds west,one hundred forty-nine and twenty-four one-hundredths feet;thence north nineteen degrees thirty minutes sixteen seconds west,one hundred ten and fifteen one-hundredths feet to a corner of Lot No. 11 on said Plan;thence along Lot No. 11,North sixty-seven degrees twenty-nine minutes forty-four seconds east, one hundred forty-three and forty-eight one-hundredths feet to the.point and place of BEGINNING. BEING Lot No. 10 on the aforesaid Plan. HAVING THEREON ERECTED a split-level brick and frame dwelling known and numbered as 426 Allendale Way,Camp Hill,Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Glenn R. Sullivan, married man, by Deed from Shari L. Weller and Scott Cogley, her husband, dated 12/06/2007, recorded 12/20/2007 in Instrument Number 200746967. PREMISES BEING: 426 ALLENDALE WAY,CAMP HILL,PA 17011-8408 PARCEL NO. 13-24-0807-147 1 SHORT DESCRIPTION By virtue of a Writ of Execution No. 13-859-CIVIL PHH MORTGAGE CORPORATION V. GLENN R. SULLIVAN owner(s) of property situate in LOWER ALLEN TOWNSHIP, CUMBERLAND County, Pennsylvania, being 426 ALLENDALE WAY, CAMP HILL, PA 17011-8408 Parcel No. 13-24-0807-147 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $275,965.00 Attorneys for Plaintiff Phelan Hallinan, LLP AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY CD w PHH MORTGAGE CORPORATION PH#805172 _r c4a -,r C/) DEFENDANT SERVICE TEAM/lxh sT GLENN R.SULLIVAN COURT NO.:13-1359-CIVIL SERVE GLENN R.SULLIVAN AT: TYPE OF ACTION r-= 426 ALLENDALE WAY XX Notice of Sheriff's Sale C-) C, CAMP HILL,PA 17011-8408 SALE DATE: December 4,2013 =(, CCD C= = ro SERVED --- Served and made known to GLENN R.SULLIVAN,Defendant on the?b day of �7l5yYC 20 at 6---45,o'clock f M.,at 4q6 —,in the manner described below: ,Defendant personally served. Adult family member with whom Defendant(s)reside(s). Relationship is_. —Adult in charge of Defendant's residence who refused to give name or relationship. —Manager/Clerk of place of lodging in which Defendant(s)reside(s). —Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age Rio, 5 Height 5 Weight. (9,5 Race� Sex 0 Other I, ho�_ , a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa.C.S. Sec.4904 relating to unsworn falsification to authorities. DATE: t NAME:.^9 �,_ A-ut mtA- PRINTED NAME: I'll' TITLE: qqo� NOTSERVED On the day of 20 at o'clock_.M.,1, a competent adult hereby state thail5e-Tendant 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. See. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 • f s � -i� r i ' .f f i51JJ y,,7 71i.575,J 3�'�.i1 r PHELAN HALLINAN,LLP Attorn�ytr� t�tiff John Michael Kolesnik,Esq.,Id. No.308877 i �- �� {) `1 1617 JFK Boulevard, Suite 1400 �- �� One Penn Center Plaza Philadelphia,PA 19103 John.Kolesnik@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA PHH MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, . COURT OF COMMON PLEAS v. . CIVIL DIVISION GLENN R.SULLIVAN . Defendant(s) No.: 13-859-CIVIL 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) .nd/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached he - • 'bit"A". ,i Joh5/ .el Kolesnik,Esq.,Id.No.308877 �/t , orney for Plaintiff Date: J �� IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH#805172 ir - r w . A • • a u V a so ovi F �� 111111111111111• - -..3atGt•ir o. , gill....,..1.1 a . .1 1:.. ��.�y3 °.y, I t - s , .• O _ "tl i .1 ` . «A.r g .ri` Q ! r.ty, .gyp1.1.-4 ,7" . Ira,� j n � �(�+ ,'�to + ,,< atji � ' . 11:'0: t5g•R R'I It r4t. g'it. # •: . f.,..,L. g Z a •• • •8:. ,t'. ;,;, • -•• >17.':•tt,;g• ,2: ; : ..; e! '7-. . g * • • m. .: . .A • 'I . A 4 .. . • P *. •••I • • • .. • ' m .. 7 J ki*. I k . it 4-$: ;:f i"& t a k*" . • fr� ti. � • • 1 m w0 H1 .� °a 0. 4 p o 8s Vo h. 3 j/ -� . ❑ cry . t .i.-1 •'5' �t� 1, a ..? • `� n iUf i4. . ......,, . :-••‘•,.....'!tit -7'P 191aa $ 005 130e 4643 • Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 `!,, r 'Jr 1 13 AlArITETNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 <0. AND CD y1 One Penn Center Plaza PE tF SYL:'ANIA Philadelphia, PA 19103 Adam.Davis @PhelanHallinan.com 215-563-7000 PHH MORTGAGE CORPORATION • Court of Common Pleas Plaintiff • • Civil Division v. • • CUMBERLAND County GLENN R. SULLIVAN • • No.: 13-859-CIVIL Defendant • 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 February 19, 2013. 2. Judgment was entered on August 8, 2013 in the amount of$275,965.00. 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 December 4, 2013. 805172 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $243,138.94 Interest Through December 4, 2013 $32,518.48 Late Charges $897.78 Legal fees $1,900.00 Cost of Suit and Title $348.75 Appraisal/Brokers Price Opinion $300.00 Mortgage Insurance Premium/Private Mortgage Insurance $7,279.75 Mortgage Insurance Premium to be paid $1,455.95 Escrow Deficit $15,682.40 TOTAL $303,522.05 6. Plaintiff paid the following in taxes and insurance during the time the loan was in default: 8/16/2011 SCHOOL TAX $1,795.26 12/27/2011 HOMEOWNERS INSURANCE $2,653.00 4/2/2012 CITY TAX $954.32 5/14/2012 HOMEOWNERS INSURANCE $2,693.00 8/15/2012 SCHOOL TAX $2,167.31 3/25/2013 CITY TAX $1,100.90 5/13/2013 HOMEOWNERS INSURANCE $2,128.00 8/15/2013 SCHOOL TAX $2,190.61 TOTAL $15,682.40 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief 805172 10. 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 November 1, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit"C". 11. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin A. Hess entered an order to Lift Conciliation Stay dated June 12,2013 . WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: ////4//13/ 4// " By: � Adam H. Davis, Esquire ATTORNEY FOR PLAINTIFF 805172 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 PHH MORTGAGE CORPORATION • Court of Common Pleas Plaintiff . Civil Division v. . • CUMBERLAND County GLENN R. SULLIVAN . •: No.: 13-859-CIVIL Defendant . MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE GLENN R. SULLIVAN 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 426 ALLENDALE WAY, CAMP HILL, PA 17011-8408. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are 805172 outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. IL LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli,407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank,445 Pa. 117, 282 A.2d 335 (1971),that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid,Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 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, 805172 Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich,the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case,the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). 805172 However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending 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. 805172 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. Citicorp 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. 805172 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriffs 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 Sheriffs 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. 805172 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. 805172 Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage,those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage,then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP DATE: /0r /73 By: .,-C/€A-. lP/ Adam H. Davis, Esquire Attorney for Plaintiff 805172 • Exhibit "A" 805172 PHELAN HALLINAN, LLP Attorney for Plaintiff Adam H.Davis,Esq.,Id. No.203034 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 PHH MORTGAGE CORPORATION : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS GLENN R.SULLIVAN : CIVIL DIVISION 1n m rn-r-"- z� -om No. 13-859-CIVIL cny co " o-'r,+ o c; Sri 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 GLENN t. .1 lam! s ;- , Defendant(s)for failure to file an Answer to Plaintiff's Complaint within 20 `? ,fit�, ' • thereof and for foreclosure and sale of the mortgaged premises,and assess Plaintiff's a 71:81_-. '. follows: As set forth in Complaint $275,965.100 TOTAL $275,96S $'/ At+wQ7h--'LLE jej►- I hereby certify that(1)the Defendant's last known address is 426 ALLENDALE W � CAMP HILL,PA 17011-8408,and(2)that notice has beta r�,�..0=.-acs.,rdii.cc wltli xaic Pa.R.C.P 237.1. , . Date p`//� i„ _- 1 r" Adam H.D. • = o.203034 Attorne for ` COP)/ DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: .441L-3 PH#805172 PROTHONOTARY 805172 Exhibit "B" 805172 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 November 1St, 2013 GLENN R. SULLIVAN 426 ALLENDALE WAY CAMP HILL, PA 17011-8408 RE PHH MORTGAGE CORPORATION v. GLENN R. SULLIVAN Premises Address: 426 ALLENDALE WAY CAMP HILL, PA 17011 CUMBERLAND County CCP,No. 13-859-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days,by 11/6/2013 Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly yours, Adam H. Davis, Esq., Id.No.203034 Attorney for Plaintiff Enclosure 805172 • Alliallaliniannialleallnallinina Name am Phelan Hallman,LI_P It., 7 Address 1617 JFK Boulevard,Suite 1400 7 �yFI Of Sender One Penn Center Plaza Y C► (.ir Philadelphia,PA 19103 KVM i a Si Line Article Number Name of Addressee,Street,and Post Office Address Postage a:'-' 1 Re}• GLENN R.SULLIVAN 50.46 a 426 NDALE WAY ! t� :,-,r m' CAMP HILL,PA 17011-5408 `ig 2 ;m GLENN R.SULLIVAN $0.46 �' i...1 ate ;e..a 1337 BrandtAvtntte • .,...:•r New Cumberind,PA 17070 "' • �' .. RE:GLENN R.SULLIVAN(CUMBERLAND) PH d 805171/1200 Page 1 of 1 $1312_ t t --4ir Tom N>l,abc,of Toni Nambae of Pita/ hammer,Pa(ionic or T`te dectaratioaof askia i{ ... ¢iVCml ato0.The flit % 7""}> aaeGal9taau memma,pn.l r A.,,,'f ,'"..,�i. F....t:a.d by Sender Rcetwed n (f Pod ree R o aa eeei. t Faapoyet) (area ieea naoaretuarsagat�bladaeoaaa0 eeaa,frApruo M r Mail dora^ ae roMftronuro ur 'O' Pieceatroct too limit atS500 Wca..nece.Tlsc rrasiaun tebmnftypolkaeaEapeda) ''r',ks>'i The sutm5n iodaympy rayebk$SJ 5.UOJ Lot roeetbed ma 0.semi with op fatal Wawa.Sao -- ',.,,,:.?..: A900S9IJ srd 3921 fy l'amutiamOf o.,onec it,7 _,, ;.a . Form 3877 FacsImnile •- N7G, :x. - :a • ,,,I, Iiii 80517 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 PHH MORTGAGE CORPORATION • Court of Common Pleas Plaintiff . Civil Division v. . • CUMBERLAND County GLENN R. SULLIVAN . • No.: 13-859-CIVIL Defendant . CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. GLENN R. SULLIVAN 426 ALLENDALE WAY CAMP HILL, PA 17011-8408 Phelan Hallinan,LLP DATE: ( /// `/7 By: k A am H. Davis, Esquire ATTORNEY FOR PLAINTIFF 805172 ■ "1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PHH MORTGAGE CORPORATION Court of Common Pleas Plaintiff • : Civil Division • v. :• CUMBERLAND County • GLENN R. SULLIVAN •: No.: 13-859-CIVIL Defendant : ( RULE AND NOW,this /Q' day of 140-4 4r 2013, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiffs 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 A E COURT -- ' - 47 J. r•-) ''''n _.,<,r Cn •-{ S < 74 9--n } C..o-a t'es Mat Iset 5'E `''-'1 :r-,:'''.1 A . lJavis Lap 1,/24>1t3 805172 Adam H.Davis,Esq.,Id.No.203034 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 GLENN R. SULLIVAN 426 ALLENDALE WAY CAMP HILL, PA 17011-8408 805172 805172 NOV 2 7 PH 1. 11 U ,IE:E:E LAND COUNl Y PENNSYLVANIA Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION • Court of Common Pleas Plaintiff • • Civil Division vs. • • CUMBERLAND County GLENN R. SULLIVAN • • No.: 13-859-CIVIL Defendant • CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's November 20, 2013 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. GLENN R. SULLIVAN 426 ALLENDALE WAY CAMP HILL, PA 17011-8408 Phelan Hallina• LP /1 (2/1(113 DATE: By: Justin Kobeski, Esq., Id. No.200392 Atto i ey for Plaintiff 805172 t r Dt1 TUf- IraL 4.41 LiNJ • . f' 1 � E t-RO1HONOTA 'i 2013 DEC 13 AM 13: 51 CUMBERLAND COUNTY PENNSYLVANIA 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 PHH MORTGAGE CORPORATION : Court of Common Pleas Plaintiff • • Civil Division vs. • • CUMBERLAND County GLENN R. SULLIVAN • No.: 13-859-CIVIL Defendant • PRAECIPE TO WITHDRAW MOTION TO REASSESS DAMAGES TO THE PROTHONOTARY: Plaintiff hereby withdraws its Motion to Reassess Damages, filed on November 15, 2013 in the above referenced action. Phelan Hallinan, LLP DATE: />X 710 By: athan Lobb, Esq., Id. No.312174 Attorney for Plaintiff 805172 $ 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 PHH MORTGAGE CORPORATION : Court of Common Pleas • Plaintiff • Civil Division • vs. CUMBERLAND County • GLENN R. SULLIVAN • No.: 13-859-CIVIL Defendant CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to Withdraw its Motion to Reassess Damages was served upon the following interested party on the date indicated below. GLENN R. SULLIVAN 426 ALLENDALE WAY CAMP HILL, PA 17011-8408 Phelan Hallinan, LL DATE: /7-/ 273 By: Jo han Lobb, Esq., Id. No.312174 Attorney for Plaintiff 805172 t SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ik��t11, 6t Cumber j t'L. s 1 1,� s ,'4 Jody S Smith Chief Deputy Richard W Stewart CUMBER' At n Solicitor C=Pr CE;F- .,,, 1"=F PENNSYLVANIA f ; I PHH Mortgage Corporation vs. Case Number Glenn R Sullivan 2013-859 SHERIFF'S RETURN OF SERVICE 09/27/2013 04:45 PM - Deputy Jamie DiMartle, 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 426 Allendale Way, Camp Hill, PA 17011, Cumberland County. 09/27/2013 04:45 PM - Deputy Jamie DiMartle, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Jolynn Sullivan,wife, who accepted as"Adult Person in Charge"for Glenn R Sullivan at 426 Allendale Way, Lower Allen Twp., Camp Hill, PA 17011, Cumberland County. 12/04/2013 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, Carlisle, Cumberland County, Pennsylvania on December 04, 2013 at 10:00 AM. He sold the same for the sum of$1.00 to Attorney Joseph Schalk, on behalf of Federal National Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $785.98 SO ANSWERS, February 07, 2014 RON K R ANDERSON, SHERIFF Woo tot, act. a.a.‘ a co • Sa 1,., 91/94G " 3b) a-7� 1.,- vSua,:J r f'f.I ,c,-/t It?G. LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No.2013-859 Civil Term PHH MORTGAGE CORPORATION vs. GLENN R. SULLIVAN Atty.:Joseph Schalk By virtue of a Writ of Execution No. 13-859-CIVIL,PHH MORTGAGE CORPORATION v.GLENN R.SULLI- VAN owner(s) of property situate in LOWER ALLEN TOWNSHIP, CUM- BERLAND County, Pennsylvania, being 426 ALLENDALE WAY, CAMP HILL,PA 17011-8408. Parcel No. 13-24-0807-147. Improvements thereon:RESIDEN- TIAL DWELLING. Judgment Amount:$275,965.00. 120 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: October 11, October 18 and October 25, 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. i , )1A,:._ (y Lisa Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 5 da of October, 2013 _-..a..16..4eriele:ki._ /Ile / 4 Notary NO CARIAL SEAL DEBOH A C PJotary RA Pu bOi_LINS ic CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 ter, • The Patriot-News Co. 2020 Technology Pkwy e atriotXews 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 the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s)shown below: 2013-859 Clvll Term 10/13/13 PHH MORTGAGE CORPORATION vs. i 10/20/13 GLENN R SULLIVAN 10/27/13 Atty: Joseph Schalk . �� 1 By 13 virtue of a Writ of Execution No. 13-859-CIVIL 6/1 PHH MORTGAGE CORPORATION v. GLENN R.SULLIVAN owner(s) of property situate in LOWER Sworn to and subscribed before me this 11 day of November, 2013 A.D. ALLEN TOWNSHIP, CUMBERLAND ' County,Pennsylvania,being 426 ALLENDALE WAY,CAMP HILL,PA i I / 17011-8408 ■w A.■. A - 4 ♦ •_.: Parcel No.13-24-0807-147 • — Notary Public ' (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount:$275,965.00 Pe 'r�•!t` F, -NNS"1VAN1A • 1 .,'- 2t3!"y Public Was .ng ^i Lhflphif County _ My Commission Expires Dec.12,2016 MEMBER,PENNSYLVANIA ASSOCIAT',iON 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 Federal Nationl Mortgage Association is the grantee the same having been sold to said grantee on the 4th day of December A.D., 2013, under and by virtue of a writ Execution issued on the 8th day of August, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 859, at the suit of PHH Mortgage Corporation against Glenn R. Sullivan is duly recorded as Instrument Number 201404230. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this v� day of J--cb . , A.D. Q.01 ti Kam _ t).,1 7, depoly Recorder of Deeds Ulm*N Os*CumberNM Cook Wide,M My Commission Expires the First Monday of Jet 2010