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Home My WebLink About13-2421 Supreme Court of. Pennsylvania Court of Common Pleas For Prothonotary Use Only: Civil Cover. Sheet CUMBERLAND t County Docket No: The information collected on this form is used solely for court administration purposes. T his fibrin does not supplement or replace the filing and service of pleadin gs or other papers as required by law or rules of court. S Commencement of Action: Z Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: THE BANK OF NEW YORK Lead Defendant's Name: STEPHANIE A. MECK T TRUST COMPANY, N.A. I Are money damages requested? ❑Yes Z No Dollar Amount Requested: El within arbitration limits 0 (Check one) Z outside arbitration limits N Is this a Class Action Suit? ❑ Yes Z No Is this an MDJ Appeal? ❑ Yes ED No A Name of Plaintiff /Appellant's Attorney: John Michael Kolesnik, Esq., Id. No.308877, Phelan Hallinan, LLP 13 Check here if you have no attorney (are a Self- Represeuted [Pro Se} Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS • Intentional ❑ Buyer Plaintiff Administrative Agencies • Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not S include mass tort) El Employment Dispute: ❑ Slander/Libel/ Defamation Discrimination E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T I MASS TORT ❑ Other: 0 ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration B ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations Z Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto • Dental Cl Partition ❑ Replevin • Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Pa.R.C.P. 205.5 Updated 0110112011 OF THE PROTHONOTARY 1113HA -2 AHfi 0z CUMBERLAND COUNTY PENNSYLVANIA PHELAN HALLINAN, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 215 -563 -7000 THE BANK OF NEW YORK TRUST COMPANY, N.A. COURT OF COMMON PLEAS 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 CIVIL DIVISION Plaintiff TERM V. ST NO. STEPHANIE A. MECK 229 HOGESTOWN ROAD CUMBERLAND COUNTY MECHANICSBURG, PA 17050 -3119 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE a File #: 312090!t 1. Plaintiff is THE BANK OF NEW YORK TRUST COMPANY, N.A. 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: STEPHANIE A. MECK 229 HOGESTOWN ROAD MECHANICSBURG, PA 17050 -3119 who is /are the mortgagor(s) and /or real owner(s) of the property hereinafter described. 3. On 10/11/2005 STEPHANIE A. MECK made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR PHH MORTGAGE CORPORATION (FKA CENDANT MORTGAGE CORPORATION) which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1926, Page 3451. By Assignment of Mortgage recorded 01/07/2013 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201300505.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2012 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 k 312090 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 04/30/2012: Principal Balance $167,129.03 Interest $7,451.13 07/01/2012 through 04/30/2013 Late Charges $58.34 Escrow Deficit $ 1 , 397.99 TOTAL $176,092.74 7. Plaintiff is not seeking a judgment of personal liability (or an in persona m 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, 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. File #: 312090 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $176,092.74, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN, LLP By: John KichaelKolesnik, Esq., Id. No.308877 At rn File #: 312090 LEGAL DESCRIPTION ALL THAT CERTAIN tract of ground situated in the Third Ward of the Borough of Carlisle, County of Cumberland and State of Pennsylvania, bounded and described as follows: BEGINNING at an iron pipe in the eastern line of Belvedere Street at corner of land now or formerly of Kinzie L. Weimer and Miriam R. Weimer; thence by said land South 86 degrees 30 minutes East 200.25 feet to an iron pin; thence by land of Dete et al., South 7 degrees West 105 feet to a point; thence by land now or formerly of R. Dale Parr and Ruth C. Parr North 86 degrees 30 minutes West 200.25 feet to a point on the Eastern line of Belvedere Street; thence by the Eastern line of Belvedere Street North 7 degrees East 105 feet to the place of beginning. Being part of a larger tact designated as Tract No 1 which Leo J. Dete, Jr. et al., by their deed dated October 5, 1957 and recorded in the Recorder's Office in and for Cumberland County in Deed Book 'B', vol. 18 page 394 conveyed to R. Dale Parr and Ruth C. Parr, his wife. Subject to certain restrictions approved and adopted by Leo J. Dete, Jr. et al., dated October 5, 1957, as more fully set forth in Miscellaneous Record Book 129 at page 505. PROPERTY ADDRESS: 361 BELVEDERE STREET, CARLISLE, PA 17013 -3504 PARCEL # 04 -21- 0322 -284 File #: 312090 e VERIFICATION Assistant Vice President � " ® ti � 1 ,4-felreby states that he /she is 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: 2� ZZ B PHS #: 312090 Name: MECK File #: 312090 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 #: 312090 tvj VVO/ V IV V� /V3IZU13 14: d3 1tL UVVUUVVV THE BANK OF NEW YORK TRUS COMPANY, IN I'I IH, GQUK 1 Ur' CO PLE N.A. OF CUMBERLAND COUNTY, 2001 BiSHOPS GATE BLVD PENNSTLVANIA MOUNT LAUREL, NJ 03054 Plaintill'(s) C vs, STEPhiANIE A- MECK r*t :V0 tit _ 229 IIOGESTOWN ROAD = 11"i -< - or-1 MECHANiCSBURG, PA 17050-3119 t Defendant(s) I 3.-OLO . -.- kivi5i C—) CD c NOTICE OF RESIDENTIAL MORTGAGE_ FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. ifyou 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 tender. If you do not have an attorney, 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 MidPertn Legal services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at not charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all the 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 file 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 attempt to work out a reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must tale the following steps to be eligible for a conciliation conference it is not necessary for you to contact MidPenn Legal Service for the appoinnnent of a legal representative. However, you must provide your lawyer with all the 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 tiled with the Court within sixty (60) days of thu WrviUV 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 tender in an attempt to work our reasonable arrangements 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: S rofCounsel Date Jo ilesnik, Esq., Id. No.308877 lgnatur for Plaintiff US /V3TZU13 14:34 ltL UVVUUVUU Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Please 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 Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: S Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: Stale: Zip: Phone Numbers: Ilome: Office: Cell: Other: Email: # of people in household: How long? Mailing Address: City: State:,_._ _Zip: Phone Numbers: IIome: Office: Cell: _ Other: Email: 1 # 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- UO/U3 /LU 73 14 : J4__1 LL_ UUUVVVVO OOt37010 Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No If yes, provide names, location of court, case number & attorney:_ _ Assets Amo Owed Value: Home: $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: _ Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: _ Other transport (automobiles, boats; motorcycles): Model: _ Year: Amount owed: Value Monthly Income Name of "Employers: 2. 3. Additional Income Description (not wages): I. nlontllly amount: 2, _monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENS _ AMOUNT Mortgage Food 2" Mort a e Utilities Car Pa mcnt(s) Condo/Neigb. Fees Auto insurance Med. (not covered) Auto fuel /repairs Other prop. payment _ Install. Loan Payment Cable TV Child Su ort/Alim. S cndin g Mone Da /Child Care /Tait. Other Fx enses Amount Available for Monthly Mortgage Payments Bascd on Income & Expenses: V3 /V6jZV16 14.60 1 t UVVVVUUU 10QUy /Ulu Have you been working with a Housing Counseling Agency? Yes ❑ Nu ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): lax: 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 you know, regarding your lender or lender's loan servicing company: Lender's Contact (Name):_, Phone: Servicing Company (Name): Contact: Phone: U57U3/'L013 14:35 ILL UUUUUUDU OlV /V1V AUTHORIZATION 1/We, , authorize the above named to use /refer this information to my lender /scrvieer 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 services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this page along with the following information to lender: 1. 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) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ` ' Sheriff } ; i Jody S Chef Deputy ty ��t3 Richard W Stewart Solicitor €ri F TI H �(E. LN4 Po N The Bank of New York Trust Company, N.A. Case Number VS. 2013-2421 Stephanie A Meck SHERIFF'S RETURN OF SERVICE 05106/2013 07:34 PM-Ronny R.Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Stephanie A Meck, but was unable to locate the Defendant in his bailiwick:The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 361 Belvedere Street, Carlisle Borough, Carlisle, PA 17013. Residence is vacant. 05120/2013 03:33 PM- Deputy Ryan Burgett, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Judy Meck, mother of defendant,who accepted as "Adult Person in Charge"for Stephanie A Meck at 229 Hogestown Road, Silver Spring, Mechanicsburg, PA 17050. BURGETT, DEP SHERIFF COST: $61.08 SO ANSWERS, May 24,2013 RbNNY R ANDERSON, SHERIFF (C)CountySuito Shorlff,ToleosoR,Inc. +'•.-VFiO i rIONu iili PHELAN HALLINAN, LLP Attorney for Plaintiff Jonathan Lobb, Esq., Id. No.312174 ? JUL -5 A N 10: (! 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza CUMBERLAND COUNT '. Philadelphia, PA 19103 PENNSYLVANIA 215-563-7000 PHH MORTGAGE CORPORATION : CUMBERLAND COUNTY vs. COURT OF COMMON PLEAS STEPHANIE A. MECK : CIVIL DIVISION : No. 13-2421 CIVIL 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 STEPHANIE A. MECK, Defendant 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 $176,092.74 TOTAL $176,092.74 I hereby certify that (1) the Defendant's last known addresses are 229 HOGESTOWN ROAD, MECHANICSBURG, PA 17050-3119 and 361 BELVEDERE STREET, CARLISLE, PA 17013-3504, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date 7/3/x(3 Jonathan Lobb, Esq., Id. No.312174 Attorne for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. g, DATE: fi PHS#312090 PROTHONOTARY A. s16.56pd Q CkIf 13 a /O/I 312090 - - q ° -( IUai-+« Wed PHELAN HALLINAN, LLP Attorney for Plaintiff Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS STEPHANIE A. MECK : CIVIL DIVISION : No. 13-2421 CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant is 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 STEPHANIE A. MECK is over 18 years of age and last known addresses are 229 HOGESTOWN ROAD, MECHANICSBURG, PA 17050-3119 and 361 • BELVEDERE STREET, CARLISLE, PA 17013-3504. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date 7 /3/3 P an Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 312090 Results as of:Jul-03-2013 02:50:43 Department of Defense Manpower Data Center SCRA 3.0 ti Status Report Pursuant to Servi tfctfl .rs Civil Relief Act Last Name: MECK First Name: STEPHANIE Middle Name: A Active Duty Status As Of: Jul-03-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active 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 reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-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 the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,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. 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 STEPHANIE A. MECK : CIVIL DIVISION • : No. 13-2421 CIVIL Notice is iven that a Judgment in the above captioned matter has been entered against you on By: If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 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 A LIEN AGAINST PROPERTY.** 312090 PHH MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. NO. 13-2421 CIVIL STEPHANIE A.MECK Defendant(s) CUMBERLAND COUNTY TO: STEPHANIE A.MECK 361 BELVEDERE STREET CARLISLE,PA 17013-3504 DATE OF NOTICE: (0 L-t I t THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, THIS NOTICE IS SENT TO YOU IN AN ATI EMPT 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 1-Il E LN 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 0 By. t. � Justin F o�eski.\Esy, Id.No.200392 At arnc 'for Plaintiff Phelan Ilallinan,LLP 1617 J:FK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PUS#312090 . . . - PHH MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. NO. 13-2421 CIVIL STEPHANIE A. MECK Defendant(s) CUMBERLAND COUNTY TO: STEPHANIE A.MECK 229 HOGESTOWN ROAD MECHANICSBURG,,PA 1\050-3119 DATE OF NOTICE: 6' Z 13 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT-HIE INDEBTEDNESS REFERRED TO HI REIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSIN RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEmpT TO COII_ECT 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 PERSONALI..Y OR BY ATTORNEY AND FILE IN WRITING mill THE COURT YOUR DEFENSES OR OBJECTIONS To THE CLAIMS SET FORTH AGAINST YOU UNIESS YOU ACT Will tN TEN DAYS FROM THE DATE OE TUBS NOTICE, A JUDGMENT MAY HE- ENTERED AGA NST YOU WITT lour ,A f WARING AND YOU MAY LOSE YOUR PROPERTY OR 01 HER EM PORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER Al' ONCE. IF YOU DO NOT HAVE A LAWYER, Go To OR TELEPHONE THE OFFICE SET FORTH BE!OW THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER, IF YOU CANNOT AFFORD TO HIRE A LAWYER, Tills OFFICE MAY BE ABLE TO PRCWIDE YOU WI m INFORMATION A Bour AGENClIES 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 170E3 2 LIBERTY AVENUE (7.17)240-6195 C. ',ISLE.PA 17013 17)249-3166 ' A By Justin . Kobesa Esq.,Id. No.200392 At toryy for Plaintiff Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Pt IS #3 I 2090 Phelan Hallinan,LLP r W-AtArney For Plaintiff 1617 JFK Boulevard,Suite 140 - COUJA�� One Penn Center Plaza Philadelphia,PA 19103 P�"l 215-563-7000 rncu <-- n'M M r— THE BANK OF NEW YORK TRUST Court of Common Pleas COMPANY,N.A. Plaintiff Civil Division vs CUMBERLAND County -P- Cn STEPHANIE A.M[ECK No. 13-2421 CIVIL Defendant PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P.,2352 TO THE PROTHONOTARY: Kindly substitute PHH MORTGAGE CORPORATION as successor Plaintiff for the originally named Plaintiff. The material facts on which the right of succession and substitution are based as follows: PHH MORTGAGE CORPORATION is the current holder of the mortgage by virtue of that certain Assignment of Mortgage, which Assignment was recorded on 01/07/2013 in Instrument No. 201300505 of the Recorder of Deeds Office in and for CUMBERLAND County. Kindly amend the information on the docket accordingly. Date: co Iloo, BY: Alliz!5�.,,Z,ucke sq.,Id.No.309519 tz)mo for ti; Attom or Plaintiff PHS#312090 qwa tf- ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of PHH MORTGAGE CORPORATION. Date: jPBELLAAN11 HALLIN LLP u n, Esq., Id.No.309519 PHS#312090 A orney for Plaintiff Phelan Hallinan,LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 THE BANK OF NEW YORK TRUST Court of Common Pleas COMPANY,N.A. Plaintiff. Civil Division V. CUMBERLAND County STEPHANIE A. MECK No. 13-2421 CIVIL Defendant PHS#312090 CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe for substitution of party plaintiff was served by regular mail to the person(s) on the date listed below: STEPHANIE A. MECK 229 HOGESTOWN ROAD MECHANICSBURG, PA 17050-3119 Date: . PHELAN HALLINAN, LLP nfison erm s q.,Id.No.309519 !me Plaintiff 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.: 13-2421 CIVIL STEPHANIE A.MECK Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: fJ` Amount Due $176,092.74 ' �# Interest from 07/06/2013 to Date of Sale $4,400.40 ($28.95 per diem) ter- o`er -<� --a TOTAL y" z $180,493.14 , _o � .......... �rrs • 3:? Phelan Hallinan,LLP Chrisovalante.P.Fliakos,Esq.,Id.No.94620 Attorney for Plaintiff Note: Please attach description of property. PH#805852 a �r� IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA PHH MORTGAGE CORPORATION Plaintiff V. STEPHANIE A.MECK Defendant(s) PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) Filed: ^ Address where papers may be served: STEPHANIE A.MECK Phelan Hallinan,LLP 229 HOGESTOWN ROAD Chrisovalante P.Fliakos,Esq.,Id.No.94620 MECHANICSBURG,PA 17050-3119 Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract of ground situated in the Third Ward of the Borough of Carlisle,County of Cumberland and State of Pennsylvania,bounded and described as follows: BEGINNING at an iron pipe in the eastern line of Belvedere Street at corner of land now or formerly of Kinzie L.Weimer and Miriam R.Weimer;thence by said land South 86 degrees 30 minutes East 200.25 feet to an iron pin;thence by land of Dete et al.,South 7 degrees West 105 feet to a point;thence by land now or formerly of R.Dale Parr and Ruth C.Parr North 86 degrees 30 minutes West 200.25 feet to a point on the Eastern line of Belvedere Street;thence by the Eastern line of Belvedere Street North 7 degrees East 105 feet to the place of beginning. Being part of a larger tact designated as Tract No. 1 which Leo J.Dete,Jr.et al.,by their deed dated October 5, 1957 and recorded in the Recorder's Office in and for Cumberland County in Deed Book'B',vol. 18 page 394 conveyed to R.Dale Parr and Ruth C.Parr,his wife. Subject to certain restrictions approved and adopted by Leo J.Dete,Jr.et al.,dated October 5, 1957,as more fully set forth in Miscellaneous Record Book 129 at page 505. TITLE TO SAID PREMISES IS VESTED IN Stephanie A.Meck, single woman,by Deed from Elsie M. Adams,widow,by William D.Adams,her attorney in fact,dated 10/12/2005,recorded 10/13/2005 in Book 271,Page 2076. NOTE.John I.Adams departed this life 1011411966 thereby vesting sole interest in Elsie M.Adams. PREMISES BEING:361 BELVEDERE STREET,CARLISLE,PA 17013-3504 PARCEL NO.04-21-0322-284 F!��#:�-U1��I=1�G: PHELAN HALLINAN, LLP tir- THE- E0 01 � OT��.j., Attorneys for Plaintiff Chrisovalante P. Fliakos, Esq., Id. No.94620 1617 JFK Boulevard, Suite 1400 2913 AUG 16 AN 10: U One Penn Center Plaza Philadelphia, PA 19103 CUMBERLAND COUNTY Chiisovalante.Fliakos@ phelanhallinan.com F-ENNSYLVANIA 215-563-7000 PHH MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. NO.: 13-2421 CIVIL STEPHANIE A.MECK 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. By: G Phelan Hallinan,LLP Chrisovalante P.Fliakos,Esq.,Id.No.94620 Attorney for Plaintiff PHH MORTGAGE CORPORATION i�.Ei�-iJ��-��,L COURT OF COMMON PLEAS Plaintiff OF Tt'[ P'ROTHOivO 1faM . , V. 2013 AUG 16 10" 0�i CIVIL DIVISION NO.: 13-2421 CIVIL STEPHANIE A. MECK Ct)3�B�t�L�k�O C'q��T,� . PENNSYLVANIA DefPENNSYLVANIA t IA . 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 361 BELVEDERE STREET,CARLISLE,PA 17013-3504. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) STEPHANIE A.MECK 229 HOGESTOWN ROAD MECHANICSBURG,PA 17050-3119 P 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) STEPHANIE A.MECK 229 HOGESTOWN ROAD MECHANICSBURG,PA 17050-3119 3. Name and last known address of every judgment creditor whose judgment.is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name .Address(if address cannot be reasonably ascertained,please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) None. PH# 805852 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 361 BELVEDERE STREET CARLISLE,PA 17013-3504 DEPARTMENT OF PUBLIC WELFARE,TPL P.O.BOX 8486 CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG,PA 17105 PA DEPARTMENT OF REVENUE BUREAU P.O.BOX 280601 OF INDIVIDUAL TAXES INHERITANCE HARRISBURG,PA 17128-0601 TAX DIVISION 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 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: '/ l� By: C,4- Phelan Hallinan,LLP Chrisovalante P.Fliakos,Esq.,Id.No.94620 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH # 805852 iLL-0--OF F!CE H'- p r,,0 T H t= N 0 TA R'1' PHH MORTGAGE CORPORATION COURT OF COMMON PLEAS 2 +13 AUG 16 AN 10: 01 • CUMBERLAND COUNTY Plaintiff CIVIL DIVISION PENJSYLVANIA NO.: 13-2421 CIVIL STEPHANIE A.MECK Defendant(s) CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: STEPHANIE A.MECK 229 HOGESTOWN ROAD MECHANICSBURG,PA 17050-3119 "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 361 BELVEDERE STREET,CARLISLE,PA 17013-3504 is scheduled to be sold at the Sheriff's Sale on 12/04/2013 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street,Carlisle,PA 17013 to enforce the court judgment of$176,092.74 obtained by PHH 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. 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 j 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 SHORT DESCRIPTION By virtue of a Writ of Execution No. 13-2421 CIVIL PHH MORTGAGE CORPORATION V. STEPHANIE A.MECK owner(s) of property situate in the CARLISLE BOROUGH,3RD, CUMBERLAND County, Pennsylvania,being 361 BELVEDERE STREET, CARLISLE,PA 17013-3504 Parcel No.04-21-0322-284 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $176,092.74 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN tract of ground situated in the Third Ward of the Borough of Carlisle,County of Cumberland and State of Pennsylvania,bounded and described as follows: BEGINNING at an iron pipe in the eastern line of Belvedere Street at corner of land now or formerly of Kinzie L.Weimer and Miriam R.Weimer;thence by said land South 86 degrees 30 minutes East 200.25 feet to an iron pin;thence by land of Dete et al.,South 7 degrees West 105 feet to a point;thence by land now or formerly of R.Dale Parr and Ruth C.Parr North 86 degrees 30 minutes West 200.25 feet to a point on the Eastern line of Belvedere Street;thence by the Eastern line of Belvedere Street North 7 degrees East 105 feet to the place of beginning. Being part of a larger tact designated as Tract No. 1 which Leo J.Dete,Jr.et al.,by their deed dated October 5, 1957 and recorded in the Recorder's Office in and for Cumberland County in Deed Book'B',vol. 18 page 394 conveyed to R.Dale Parr and Ruth C.Parr,his wife. Subject to certain restrictions approved and adopted by Leo J.Dete,Jr.et al.,dated October 5, 1957,as more fully set forth in Miscellaneous Record Book 129 at page 505. TITLE TO SAID PREMISES IS VESTED IN Stephanie A.Meck, single woman,by Deed from Elsie M. Adams,widow,by William D.Adams,her attorney in fact,dated 10/12/2005,recorded 10/13/2005 in Book 271,Page 2076. NOTE:John I.Adams departed this life 1011411966 thereby vesting sole interest in Elsie M.Adams. PREMISES BEING:361 BELVEDERE STREET,CARLISLE,PA 17013-3504 PARCEL NO.04-21-0322-284 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-2421 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 STEPHANIE A.MECK (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:$176,092.74 L.L.:$.50 Interest FROM 7/6/2013 TO DATE OF SALE($28.95 PER DIEM)-$4,400.40 Atty's Comm: Due Prothy: $2.25 Atty Paid:$219.33 Other Costs: Plaintiff Paid: Date: August 16,2013 David D.Buell,Prothonotp (Sea]) Deputy REQUESTING PARTY: Name: CHRISOVALANTE P.FLIAKOS,ESQUIRE Address:PHELAN HALLINAN,LLP 1617 HK BLVD.,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for:PLAINTIFF Telephone:215-563-7000 Supreme Court ID No.94620 AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY PHH MORTGAGE CORPORATION PH#805852 DEFENDANT SERVICE TEAM/lxh STEPHANIE A.MECK COURT NO.:13-2421 CIVIL SERVE STEPHANIE A.MECK AT: TYPE OF ACTION 229 HOGESTOWN ROAD XX Notice of Sheriffs Sale MECHANICSBURG,PA 17050-3119 SALE DATE: December 4,2013 SERVED �Q Served and made known to STEPHANIE A.MECK,Defendant on the"ltd day of 20 ,at o'clock M.,at M 40sq;$'Ctb.1N in the manner described below: i 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: a S Sex Other Description: Age &� Height Weight Race I a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa.C.S. Sec.4904 relating to unsworn falsification to authorities. DATE: `� NAME: -,60F" �C PRINTED NAME: AwyeUwA—r-t—,6%j TITLE: WgLLs Scyve-fZ NOT SERVED On the dayy of 20 at o'clock_.M.,1, a competent adult hereby state thaateTendant NOT FOUND ecause: _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 C Phelan Hallinan,LLP -�Z w 1617 JFK Boulevard,Suite 1400 rr1CD Coe) .tt One Penn Center Plaza x T -- Philadelphia,PA 19103 (215)563-7000 CD p Q El 4 MGR )>CZ C:� c) -C d,o,5 a C+.. .`.I P rO T J-0i°iAr , Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200393 l' C;, «' kir TORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION • Court of Common Pleas Plaintiff Civil Division v. • CUMBERLAND County STEPHANIE A. MECK • • No.: 13-2421 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 May 2, 2013. 2. Judgment was entered on July 5, 2013 in the amount of$176,092.74. 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. 805852 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 $167,129.03 Interest Through December 4, 2013 $12,800.03 Late Charges $58.34 Legal fees $1,650.00 Cost of Suit and Title $644.33 Property Inspections $67.50 Escrow Deficit $5,339.98 TOTAL $187,689.21 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law,Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 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 October 3, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9)and certification of mailing are attached hereto, made part hereof, and marked as Exhibit`B". 10. No judge has previously entered a ruling in this case. 805852 WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: /o/!Sl/ By: Justin ' obeski, Esquire AT,' RNEY FOR PLAINTIFF 805852 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 • v. CUMBERLAND County • STEPHANIE A. MECK • No.: 13-2421 CIVIL • Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE STEPHANIE A. MECK 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 361 BELVEDERE STREET, CARLISLE, PA 17013-3504. 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 805852 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. II. 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, 805852 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 fmancial 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). 805852 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 Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding,Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested,and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire,Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly,the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 805852 VI. ATTORNEYS 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 Plaintiffs recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865);First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner,the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v.Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 805852 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. 805852 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. 805852 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 Plaintiffs 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: /a1//s/2 By: Justi Kobeski,Esquire A ey for Plaintiff 805852 Exhibit "A" 805852 v' PHELAN HALLINAN, LLP Attorney for Plaintiff Jonathan Lobb,Esq.,Id. No.312174 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza , rh�y �11e Gopy Philadelphia, PA 19103 please,Rettite 215-563-7000 PHH MORTGAGE CORPORATION : CUMBERLAND COUNTY vs. . : COURT OF COMMON PLEA' 1 _oz ` �— STEPHANIE A.MECK : CIVIL DIVISION ym r -o rn te : No. 13-2421 CIVIL -E i �a m o�: pn Z� zo or . PRAECIPE FOR O IN REM JUDGMENT FOR FAILURE TO .-'< co ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against STEPHANIE A.MECK, Defendant 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 dam a ,gs follows: gotney ��'00 77 Return As set forth in Complaint $176,u! - TOTAL $176,092.74 I hereby certify that(1)the Defendant's last known addresses are 229 HOGESTOWN ROAD,MECHANICSBURG,PA 17050-3119 and 361 BELVEDERE STREET,CARLISLE, PA 17013-3504,and(2)that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date 2/3/rZ Jonathan Lobb,Esq.,Id.No.312174 Attorney for Plaintiff DAMAGES HEREBY ASSESSED AS INDICATED. DATE: ' PHS#312090 PROTHONOTARY kitt1M %1 ti 312090 Exhibit "B" 805852 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 October 2nd, 2013 STEPHANIE A. MECK 229 HOGESTOWN ROAD MECHANICSBURG,PA 17050-3119 RE: PHH MORTGAGE CORPORATION v. STEPHANIE A. MECK Premises Address: 361 BELVEDERE STREET CARLISLE,PA 17013 CUMBERLAND County CCP,No. 13-2421 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 10(' 2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly your stj F. t reski,Esq., Id.No.200392 A rney for Plaintiff °nelosure 805852 o • i a 111 on Name and Phelan Iiullinan,LLP N o Address 1617 1FK Boulevard,Suite 1400 C) Of Sender One Penn Center Plaza Q ---- Philadelphia, KVM PA 103 ,_— — ----- ----- -- ---- ------ - -- 1 ••*• 229 HOGESTOWN ROAD -- -- -_ ---- — ----- Line Article Number Name of Address Street,and Post Met Address So - --- Fc (41 STEPHANIE A.MECK 50.96.46 jco C n MECHANICSHURG,PA I -3119 �_— �`o� 74S© 2 **** STEPHANIE A.MECK. 361 BELVEDERE STREET - � CARLISLE,PA 11413-3914 1 r' RE:STEPHANIE Ai MECK(CUMIIERLANI)) PH#8 058 52/1 200 Page I of I 50.92 Taal Noodn r of Toul!amber of Pin I PmtmnWet PEOttalbe d me�!dtckannm oreiue u r emdrt co T •+ Pkoes Listed by$eo Rtui'.of al Posi CMxc Rcrc+vaj Employee) fot the TC[mme the of romxpa stdc dav/rceto=da Expotal Hrii daarmcrl rc-uMUUi.on in pie«eetiso te heel ot$SDP,00D Pet OCOeeee.The mnauao oiedemnrrypayabSeatAp:,,I The anaianm usdomnGy Mil*if D5,000 for reyitaredmatt.acne,■ie oplonal 000ra oo Sto- ! RDW S01 t Ind S921 in-amipgioge e(Niimage Fotns 3877 Facsimile °7 3 At • • ffi 805842 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 • v. CUMBERLAND County STEPHANIE A. MECK • • No.: 13-2421 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. STEPHANIE A. MECK STEPHANIE A. MECK 229 HOGESTOWN ROAD 361 BELVEDERE STREET MECHANICSBURG, PA 17050-3119 CARLISLE,PA 17013-3504 Phelan Hallinan,LLP DATE: Ji//.5// By: Justin obeski,Esquire i RNEY FOR PLAINTIFF 805852 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PHH MORTGAGE CORPORATION • Court of Common Pleas • Plaintiff • Civil Division • v. • CUMBERLAND County • STEPHANIE A. MECK • No.: 13-2421 CIVIL • Defendant RULE AND NOW, this 22-4 day of 007)4-.' 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 Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY T COURT J. rn C-' CD -s.P i C iV 805852 -stin F.Kobeski,Esq.,Id.No.200392 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 STEPHANIE A. MECK STEPHANIE A. MECK 229 HOGESTOWN ROAD 361 BELVEDERE STREET MECHANICSBURG, PA 17050-3119 CARLISLE, PA 17013-3504 Ce>r 172at LEL 805852 l6/z4< 3 805852 • E 'E PRO tHO;vO_� "V: 2'6'13 OCT 3 I Ali 10: fl I CUMBERLAND COUNT)" PENNSYLVANIA Phelan Hallinan, LLP John Michael Kolesnik, Esq., Id. No.308877 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 John.Kolesnik @phelanhallinan.corn 215-563-7000 PHH MORTGAGE CORPORATION • Court of Common Pleas • Plaintiff Civil Division • vs. CUMBERLAND County • STEPHANIE A. MECK • No.: 13-2421 CIVIL • Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 22, 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. STEPHANIE A. MECK STEPHANIE A. MECK 229 HOGESTOWN ROAD 361 BELVEDERE STREET MECHANICSBURG,PA 17050-3119 CARLISLE,PA 17013-3504 Phelan . inan LLP DATE: /00,2 By: / J.• Michael Kolesnik, Esq., Id.No.308877 ttomey for Plaintiff 805852 • y�4' E{ i. 2 r_2:Lit'lt:I PHELAN HALLINAN,LLP Attorney for Plaintiff CtUI�1 tit John Michael Kolesnik,Esq.,Id.No.308877 1617 JFK Boulevard, Suite 1400 ENNSYL VA N IQ 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 STEPHANIE A.MECK . Defendant(s) No.: 13-2421 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 and/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached 1 / : o •xhibit"A". Jo 1 hael Kolesnik,Esq.,Id.No.308877 Date: /OA ; to ney 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. PH#805852 time and Phelan xall minak:'":""T"""""""'""""'""""-""""-----"--------'-'--''-------------. msn 1-1,4, Q 1617.1F1(Boulevard.Suite 1400 tSeaKier One pens Ceuter'FtaTa - 0'`` Philadel ea;PA 19103 its Article Number Na AZKIlF'PL-I1J04l2033 SAGE k 'Ill I �.�. SfX dtt,sod Post Office Address :7- r TENANT/OCCUPANT d :i 361 BELVEDERE STREET 504 CARLISLE PA 170€3.3304 " r 2 DFPARTMIFNT } r : OF PUBLIC WRIPARE.TPi.CAS(IAT.TY UNIT,ESTATE RECOVERY S ,�`U PO RON 51$6 VL 8Y PBiX:RAM S0.45 WILLOW OAK BUILDING c 3 MI HARRISBURG'PA 17105 Y "`,•nr't« PA DEPARTMENT OF.R '? I!O>BOX RTM01 REVENUE BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION ' HARRISBURG PA 1*71 I $0.45 �� 4 DOMESTIC RELATIONS OF ; ' .� CUMBERLAAIl7CUI1NTX 13 NORTH HANOVER STREET S0 4S S CARLISLE,PA 17014 COM1tIONWE.ALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O.BOX 267$ HRBR PA A 17I0S x $0,45 .............._..................._......_......__ --.6 Mil INTERNAL REVENUE VICEA1vIS4 i $1.43 1000 LIBERTY A E RCM 704 7 stet... i'pI 1SBIrI1G PA 1.5222 U.S.DEPARTMENT OF JUSTICE US..ATTORNEY FOR THE MIDDLE DISTRICT OF PA L FEDER BUILDING 5045 228 WALNUT STREET,SUITE 2,20 PQ BOX 11754 • HARRISBURG Pal 7161141T, miimme �,, ai,"ai3s�'1Y�ys'3�] � idit less“TJNCd by 5t ft.snsd ix P.4 01%. �tr9f.i'et;I4i1L`; m.• .Ms`''64 'r 7ar I decMwtrM uh"nc B xgtiaul m 0 04.M., stir ma na:M.mr�:k,,,ntraaagxpy{� .xaw ammker.,. ,dw eire i i AYq 1i a ie...its +i4M Pv .Necc wbiw-t rn xiim3t aC 0.0k or arunetice. he*vs rm ehe(isa`v eris Me w.is MOM S Form The ii isdemritY pa yx6k s 125100 io1 m m wk yn tt pr he s kyrcu hMi l xw 3877 Facsimile, +SAOdv ski 312i far air m t�1 u�,d,wont vsn ap;�K,r h3iavnc's.sx t�,rrrcufr M�j yn�j 1trN CCt V t- ' MI • P.113 NOV 19 An II: 2Q CUME3ERLAND COUNTY PENN'NSYLVANIA 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 • STEPHANIE A. MECK • No.: 13-2421 CIVIL • Defendant MOTION TO MAKE RULE ABSOLUTE PHH MORTGAGE CORPORATION, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on October 16, 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 Defendant on October 3, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 805852 3. A Rule was issued on October 22, 2013 directing the Defendant to show cause by November 11, 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 October 30, 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. 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of November 11, 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: I/l 131 By: athan Lobb,Esq.,Id.No.312174 Attorney for Plaintiff 805852 • Exhibit "A" 805852 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 October 2"d,2013 STEPHANIE A. MECK 229 HOGESTOWN ROAD MECHANICSBURG, PA 17050-3119 RE: PHH MORTGAGE CORPORATION v. STEPHANIE A. MECK Premises Address: 361 BELVEDERE STREET CARLISLE, PA 17013 CUMBERLAND County CCP,No. 13-2421 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 10((k013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very truly your s '° F, i eski,Esq., Id.No.200392 Atimey for Plaintiff nelosure 805852 c �• Name and Phelan Hall i nan,LIP ll N o Address 1617 MK Boulevard,Sune t400 *� Of Sender One Penn Center Plaza , illy O ,3 Philadelphia,PA 19103 KVM — Line I Ankle Number Name of Addressee,Street,and Post Office Address Postage I ••"• STEPHANIE A.MECK $0.46 1 0/ 7 ;.;— 229 ROGE.S'TOWN ROAD tr ,� o M ECHANICSBURG,PA 17050-3119 D :� n C, 2 **** STEPHANIE A.NECK S0A6 , 361 BELVEDERE STREET tvo CARLISLE,EM70133504 ' c `.'= 31eg RE:STEPHANIE A.NECK{CUMBERLAND} PH#8O58 2Jt 20Q Page 1 of I 50.92 a ; 'a .9' t Tobt Number of Tail Number of Piecri Pastmwtr,Ptr(t'Iaeta of The full dairwioo Of skit q,equittd m ill domeeie sod ingtrnY.onsl a uacd mul Thc,max, ._ Preto lulot by So o Rac(rcd b Post O1To Ruc7droY E++OkYM) far the so moctioe atnome ..doempro+ndef E essMnl doc eet mower tao,Lt1 Pieae subitst to oNdtOf$300 000 per rennate-The mo><i>soa iednumry p yabtt co E'eou I The aazint7m pays tc. 333;000 fortt�stered>a�.sot*IA op4mat imt.rsecc See. _ _ 8900 5973 and 5920 for Gmeatiou doe.,-.E.o Form 3877 Facsimile 37111, »1 • t • 1 t. 805852 Exhibit "B" 805852 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PHH MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division v. CUMBERLAND County STEPHANIE A. MECK No.: 13-2421 CIVIL Defendant RULE AND NOW,this , , , day o�E/Ls2013, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT a J. 3 *^dam 805852 Justin F.Kobeski,Esq., Id.No.200392 Phelan Hallman,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 STEPHANIE A. MECK STEPHANIE A. MECK 229 HOGESTOWN ROAD 361 BELVEDERE STREET MECHANICSBURG,PA 17050-3119 CARLISLE,PA 17013-3504 805852 805852 • . . Exhibit "C" Li is iJP� 2:r 13 OCT 31 AM : r I ii1�,ICt� aiMBERLANJ LO Jy` , Y PENNSYLVANIA Phelan Hallinan, LLP John Michael Kolesnik, Esq., Id. No.308877 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 John.Kolesnik@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION Court of Common Ply Plaintiff • Civil Division vs. • CUMBERLAND ,zalf STEPHANIE A. MECK • No.: 13-2421 CIVTLQ Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 22,2013 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. STEPHANIE A.MECK STEPHANIE A. MECK 229 HOGESTOWN ROAD 361 BELVEDERE STREET MECHANICSBURG,PA 17050-3119 CARLISLE,PA 17013-3504 Phelan'• roan LLP ,s DATE: l'�� , 0 : By: J. ichael Kolesnik, Esq.,Id.No.308877 ttorneyfor Plaintiff 805852 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 • STEPHANIE A. MECK • No.: 13-2421 CIVIL • Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. STEPHANIE A. MECK STEPHANIE A. MECK 229 HOGESTOWN ROAD 361 BELVEDERE STREET MECHANICSBURG, PA 17050-3119 CARLISLE, PA 17013-3504 Phelan Hallinan, LL' DATE: II.3h 3 By: Jon. an Lobb, Esq., Id.No.312174 Attorney for Plaintiff 805852 V M ERLAIN COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA PHH MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division VS. : CUMBERLAND County STEPHANIE A. MECK No.: 13-2421 CIVIL Defendant ORDER AND NOW,this 2/' day of 1Uir*4-,-- , 2013, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED,that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tune as follows: Principal Balance $167,129.03 Interest Through December 4,2013 $12,800.03 Late Charges $58.34 Legal fees $1,650.00 Cost of Suit and Title $644.33 Property Inspections $67.50 Escrow Deficit $5,339.98 TOTAL $187,689.21 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. "&r Abu B E COU : ' J. 4 805852 "tzl ' SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff r �r . U�'[ t s �'� el t 4 iur�Grr�,r Jody S Smith rlD ';,;1.4 trCo nn .F. c Chief Deputy �' ""' LL) 60 i .:.,.1 , Richard W Stewart CUMBERLAND COUNT,,t Solicitor OFFiCEOF-PEit'_RFF P ENHSYLVANIA PHH Mortgage Corporaion vs. Case Number Stephanie A Meck 2013-2421 SHERIFF'S RETURN OF SERVICE 09/20/2013 02:05 PM - Deputy Jason Kinsler, 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 361 Belvedere Street, Carlisle- Borough, Carlisle, PA 17013, 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: $798.72 SO ANSWERS, February 07, 2014 RONNY R ANDERSON, SHERIFF Woo Pd , . Sv u,d- 4 9q9®A 3a. 71 cc,,,-,,,„,skier f To ..sort,Irv. • LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No.2013-2421 Civil Term PHH MORTGAGE CORPORAION vs. STEPHANIE A. Meck Atty.:Joseph Schalk By virtue of a Writ of Execution No.13-2421 CIVIL,PHH MORTGAGE CORPORATION vs. STEPHANIE A. MECK owner(s) of property situate in the CARLISLE BOROUGH, 3RD, CUMBERLAND County, Pennsylva- nia,being 361 BELVEDERE STREET, CARLISLE,PA 17013-3504. Parcel No. 04-21-0322-284. Improvements thereon:RESIDEN- TIAL DWELLING. Judgment Amount:$176,092.74. 85 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. ,,-. \-1)/i),4,1 - 0, L)sa Marie Coyne Editor ..__, SWORN TO AND SUBSCRIBED before me this 25 da of October, 2013 4 / / d- 2/ Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriot-News Co. . -2020 Technology Pkwy e 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: 10/13/13 2013-2421 Chrll 10/20/13 CORP PHH MORTGAGE CORPORAION 10/27/13 vs. STEPHANIE A Meek •• AtUy: Joseph Schalk '� By virtue of a Writ of Execution No.13-2421 CIVIL PHH MORTGAGE CORPORATION vs Swo i t. •nd subscribed before me this 11 day of November, 2013 A.D. STEPHANIE A.MECK , , owner(s) of property situate in the ) CARLISLE BOROUGH, 3RD, CUMBERLAND County, Pennsylvania, vp. _ A _ _ / , g being • •'U.IIC 361 BELVEDERE STREET, CARLISLE, PA 17013-3504 Parcel No.04-21-0322-284 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING CO_MMON'1FAI-TH OF PENNSYLVANIA Judgment Amount:$176,092.74 r4;y Public E,^y c'y;-.q° °w •,:.wphl.'1 County My Comrni5sirzn Exl?!r^3 Doc.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 Sheriffs Deed in which Federal National 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 16th day of August, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 2421, at the suit of PHH Mortgage Corporation against Stephanie A. Meck is duly recorded as Instrument Number 201404228. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of ) th , A.D. 0/1-/ Recorder of Deeds. timberland County,Carlisle PA Recorder of Deeds My Corn, cm!)Expires the First Monday of Jan.2018