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Home My WebLink About13-4493 Supreme Court -of Pennsylvania Cour . C� ,Pleas 1 . �.� wv , For Prothonotary Use Only: fivlltCovet Sheet ,� k CUMBEit� �k Count ; 3' Docket No: a . 1.3 �yy The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of leadi.n s or other papers as required by law or rules of court. S ~ Commencement of Action: Complaint ❑ Writ of Summons ❑ Petition B+ ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking I C Lead Plaintiff's Name: PHH MORTGAGE Lead Defendant's Name: AMBER E. CLOSE i T CORPORATION Are money damages requested? N Yes 0 No Dollar Amount Requested: N within arbitration limits 0 (Check one) 0 outside arbitration limits N Is this a Class Action Suit? ❑ Yes 0 No Is this an MDJ Appeal? N Yes 0 No A Name of Plaintiff /Appellant's Attorney: Allison F. Zuckerman Esq., Id No 309519 Phelan Hallinan LLP N Check here if you have no attorney (are a Self- Represented [Pro Sej 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 f include mass tort) ❑ Employment Dispute: S ❑ Slander/Libel/ Defamation Discrimination ! E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: I ❑ Other: • O MASS TORT ❑ 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 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ' ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: i Pa.R.C.P. 205.5 Updated 0110112011 } • 1: !LLJ - 0 O 'PPE PROTHONOTARY 2013 JUL 31 PM .1: 4 GUMBE'RLAHO GOUNTY PENNSYLVANIA PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 1.9103 allison.zuckcrinan@phelanhallinan.com 215 -563 -7000 PHH MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD COURT OF COMMON PLEAS MOUNT LAUREL, NJ 08054 CIVIL DIVISION Plaintiff i V. TERM AMBER E. CLOSE NO 108 LINDEN DRIVE CAMP HILL, PA 17011 -7219 CUMBERLAND COUNTY Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE co -7-� File #: 815149 � � 472 ^5 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 k 815149 1. Plaintiff is PHH MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: AMBER E. CLOSE 108 LINDEN DRIVE CAMP HILL, PA 17011 -7219 who is /are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/08/2009 AMBER E. CLOSE made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR PHH MORTGAGE CORPORAION, which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No. 200935776 The PLAINTIFF is now the mortgagee and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(8); 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 01/01/2013 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 815149 6. The following amounts are due on the mortgage as of 06/01/2013: Principal Balance $91,182.66 Interest $2,450.52 12/01/2012 through 06/01/2013 Late Charges $64.41 Property Inspections $22.50 Non Sufficient Funds Charge $50.00 Escrow Deficit $349.70 TOTAL $94,119.79 7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, 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. This action does not come under Act 91 of 1983 because the mortgage is FHA insured. Filet 815149 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $94,119.79, 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 HALLMAN, LLP BJAtt . Schalk, sq., Id. No. 91656 ey fo r Plaintiff File #: 815149 LEGAL DESCRIPTION ALL that certain tract or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point at the Easterly side of Linden Drive, which point is at the dividing line between Lots Nos. 4 and 5, Block 'A' on the hereinafter mentioned Plan of Lots; thence along the last said dividing line eastwardly one hundred thirty -five and twenty -four hundredths feet (135.24 feet) to a point; thence southwardly seventy -seven and thirty -nine hundredths feet (77.39 feet) to a point at the dividing line between Lots Nos. 5 and 6, Block 'A'; thence along the last said dividing line westwardly one hundred twenty -four and fifteen hundredths feet (124.15 feet) to a point at the easterly side of Linden Drive; thence along the easterly side of Linden Drive northwardly by the arc of a circle curving to the left and having a radius of seven hundred twenty -six feet (726 feet) the arc distance of sixty -five feet (65 feet) to a point, the -place of BEGINNING. BEING Lot No. 5, Block 'A' on the Plan of Linden Gardens, which Plan is recorded in the Cumberland County Recorder of Deeds Office in Plan Book 6, Page 49. HAVING thereon erected a dwelling house. PROPERTY ADDRESS: 108 LINDEN DRIVE, CAMP HILL, PA 17011 -7219 PARCEL #13 -23 -0551 -105 File #: 815149 VERIFICATION tiao9l9 hereby states that he/she is . JADJ f 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 unswom falsification to authorities. DATE: Name: Title:A%War Via - Aftuw - PHH MORTGAGE CORPORATION Filek 815149 Name: CLOSE File R: 815149 FORM 1 IN THE COURT OF COMMON PLEAS PHH MORTGAGE CORPORATION OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. AMBER E. CLOSE 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 home. 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 (71.7) 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 ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date M P. chalk, Esq., Id. No. � ,t ey for Plaintiff = M C= :z C n ^-! f n -C � FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request.for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: CUSTOMER/PRIMARY APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? CO-BORRONVER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No If yes, provide names, location of court, case number & attorney: Assets Amount Owed Value: Horne: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ . Checking: $ $ Savings: $ $ Other: $ $ Automobile #l: Model: Year: Amount owed: Value: Automobile #2 : Model: Y Amount owed: Value: Other transportation (automobiles boats motorcycles): Model: Year: Amount owed: Value Monthly Income Name of Employers: I • Monthly Gross Monthly Net 2 • Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): I • monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mort a e Food 2 " Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. not covered Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child SupportJA1im. Spending Mone Da /Child Care/Tuit. Other Expenses 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: 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 lender and lender's loan servicing company: Lender's Contact (Name): 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 lender's counsel: 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 I 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) . F"; E0-0F F IC? sir" Rif PR.OTHOP40 IAN- i 2013 AUG 12 PM 2: 30 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No. 312174 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 PHH MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. NO. 13-4493 AMBER E. CLOSE CUMBERLAND COUNTY Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan, LLP Attorney for Plaintiff By: _ K-�� Jona an Lobb, Esq., Id. No. 312174 Date: 8-8-13 PH#: 815149 VERIFICATION hereby states that he/she isJ . h0 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. DATE. a!3 Name: Title:A' w— vleg- "'' PHH MORTGAGE CORPORATION File#: 815149 Name: CLOSE Filek 815149 i f Phelan Hallinan,LLP Jonathan Lobb, Esq., Id. No. 312174 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 PHH MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION VS. NO. 13-4493 AMBER E. CLOSE CUMBERLAND COUNTY Defendant(s) CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff s Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: AMBER E. CLOSE 108 LINDEN DRIVE CAMP HILL, PA 17011-7219 Phelan Hallinan, LLP Attorney for Plaintiff By: Jonattran Lobb, Esq., Id. No. 312174 Date: 8-8-13 PH#: 815149 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff t Jody S Smith Chief Deputy ;j [, 17 AM : EL Richard W Stewart r Solicitor PENNSYLVANIA. PHH Mortgage Corporation vs. Case Number Amber E. Close 2013-4493 SHERIFF'S RETURN OF SERVICE 08/13/2013 08:30 PM- Deputy Amanda Ebersole, 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 Tom Albright, Fiance,who accepted as"Adult Person in Charge"for Amber E. Close at 108 Linden Drive, Lower Allen, Camp Hill, PA 17011. AMANDA EBERSOLE, DEPUTY SHERIFF COST: $39.30 SO ANSWERS, December 10, 2013 RON R ANDERSON, SHERIFF flUl':) mfrs JA t1, 30 p `. v S N f'Sr CO U''a U'r' r y �11� PHELAN HALLINAN, LLP D. Troy Sellars, Esq., Id. No. 210302 Attorney for Plaintiff 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 1360 PHH MORTGAGE CORPORATION Court of Common Pleas 2001 BISHOPS GATE BLVD MOUNT LAUREL,NJ 08054 Civil Division Plaintiff No. 13-4493-CIVIL v. Cumberland County AMBER E. CLOSE 108 LINDEN DRIVE CAMP HILL, PA 17011-7219 Defendant MOTION TO LIFT CONCILIATION STAY Plaintiff, PHH Mortgage Corporation (hereinafter "Plaintiff'), by its attorney, D. Troy Sellars, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 1. On July 31, 2013, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendant for her failure to make monthly payments of principal and interest upon her mortgage due January 1, 2013, 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 August 13, 2013, Plaintiff completed service of the Complaint in Mortgage Foreclosure along with the Cumberland County Residential Mortgage Foreclosure Diversion 815149 • Program Notice upon the Defendant. A true and correct copy of the Sheriff's Return of Service is attached hereto, made part hereof and marked as Exhibit`B". 3. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program,the Foreclosure action is stayed for sixty (60) days from the date of service. 4. Within 60 days after service of the complaint, the Defendant may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request, the Court will schedule a Conciliation Conference. The program provides that Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of notice if not represented by counsel. 5. If more than sixty(60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendant failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty(60) days of service. 7. Since Defendant has 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, PHELAN HALL I AN, LLP 1 Date: January 29, 2014 BY: / / D. Troy Se!rs, Esquire Attorney for Plaintiff 815149 Exhibit "A" PHELAN HALLMAN,LLP Joseph P.Schalk,Esq.,rd.No.91656 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia,PA 19103 allison.7uckermantOphelanhallinan.erim 215-563-7000 PHH MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD COURT OF COMMON PLEAS MOUNT LAUREL,NJ 08054 CIVIL DIVISION Plaintiff v. TERM AMBER E. CLOSE Na /3 ...4/i043 1081 ]NDEN DRIVE CAMP HILL,PA 17011.-7219 CUMBERLAND COUNTY Defendant CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE TRUE COPY FRONIRECOM),, 1 , ,.4,,f 1 hnro fillOtt VA trivii„o 11'. ' ari jId n,lo, „,ts i p,othowitaiY z Re#: 815149 ------AV-1‘ ' „,_ . . • NOTICE You have been sued in Court. If you wish to defend against deu|ainomuforthinzhe 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 Jose money or property or other rights important tO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. lT YOU[)O 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,TI-uS 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 DEFERRAL CUMBERLAND COUNTY BAR ASSOCIATiON CUMBERLAND COUNTY conuTIrUomo 2 LIBERTY AVENUE CARLISLE,PA 17013 (7|7)249']}56 (800)990-9108 m° xo14v L Plaintiff is 988 MORTGAGE CORPORATION 2OOlB/S}1OPS GATE BLVD MOUNT LAUREL. NJ 08054 2. The name(s) and last known add.ress(es)of the Defendant(s)ace: AMBER E. CLOSE 108 LINDEN DRIVE CAMP HILL, PA 17011'7219 who is/are the mortgag,or(s) and/or real owner(s) of the property hereinafter described. 3. On 10/08/2009 AMBER E. CLOSE made,executed and delivered a mortgage upon the premises hr/e,iuuher described/o MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR P8H MORTGAGE CORPORAION, which mortgage is reeotded in the Office of the Recorder of i)eeds of CUMBERLANI)County, in Mortgage Instrument No, 200935776 The PLAlNT1]f is now the mortgagee and is in the process of formalizing an assignment of same. The mortgage and assigr.Inertt(s), ii any, are matters of public record and are incorporated herein by reference in accordance with 9a.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadingpleadings if those documents arc 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 01/01/2013 and each month thereafter ac 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. rne* ■u*v -___-_-_~_^'~`_~~.`~~.~_~�._~��~�=�~�^°��~.^�"= _---_-_-~.�-~~_- 6, The following amounts are due on the mortgage as of 06/01/2013: Principal.Balance $97,182.66 Interest $2,450.52 12/01/2012 through 06/01/2013 Late Charges $64-.41 Property Inspections $22.50 Non Sufficient Funds Charge $50.00 Escrow Deficit *34970 TOTAL $94.119.79 7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action;however,Plaintiff reserves its right to bring a separate Action to estab iob that righ1, if soch 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 attemp to reestablish such perso al liability discharged in bankruptcy, but only to foreclose the mortgage and ue|l/hu mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6nf]974, Notice of Homeowner's Emergency Mortgage Assistance Progr m pursuant to Ac 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(x)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. Y. This action does not come under Act 91 of 1983 because the mortgage is FHA insured. nuv. o/nw • • WIDERlFORE,Plaintiff demands noinrein judgment against the Defendant(s)in the sum of $94,119.79,together with interest,costs,fees, and charges collectible under the mortgage including but not limited to attorney fees and oomto,and for the foreclosure and sale of the mortgaged property. lIAL[JNAN.LLJ, -�� awsci Schalk, ..~q,Id. No. 9.v�.. , �oF1uintiff \` / m mu/4w LEGAL DESCRIPTION ALL that certain trac or parce of land situate in Lower Allen Township,Cwnhcrland County, Pennsylvania,more particularly bounded and described as fillows, to wit: BEGINNING at a point at the Easterly side of Linden Drive, which point is at the dividing line between Lots Nos.4 and 5, Block A on thc hereinafter mentioned Plan of Lots thence along the last said dividing line castwardly one hundred thirty-five and twenty-four hundredths feet (]35.24 feet)to a point;thence southward)),seventy-seven and thirty-nine hundredths feet(77.39 feet)to a point at the dividing line between Lots Nos. 5 and 6, Block'A';thence along the last said dividing line westwardly one hundred twenty-four and fifteen hundredths fee (124.15 feet) too point at the easterly side of Linden Drive; thence along the easterly side of Linden 1)rive northwardly by the arc of a circle curving to the left and having a radius of seven hundred twenty-six. feet (726 feet) the arc distance of sixty-five feet (65 feet) to a point,the place of &EGINNWG. BEING Lot No. 5, Block 'A'on the Plan of Linden Gardens, which Plan is recorded in the Cumberland County Recorder of Deeds Office in Plan Book 6, Page 49. ][&VINGUheroonorectedudwHDu8houxc PROPERTY ADIRESS: 1(18 LINDEN DRIVE, CAt1P HILL,PA17011'T210 PARCEL#18`23'055l'X06 Pet?: 815149 . , .., .. . . . FORM I :. IN TIME COURT OF COMMON PLEAS PHH MORTGA(3E CORPORATION ., OP CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff(s) , vt3, • AMBER E.CLOSE Deferidant(s) tyil , 12,4*Ls' • NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with it foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action,you may be able to participate in a court-supervised conciliation conference i»an effort to resolve this matter with your lender, If you do not have a lawyer,you most take the following steps to be eligible for a conciliation enaltueom First,within twenty(20)days of your receipt of this notice,you must contact Mid Penn Legal Services at(11T)213 9100 extension 2510 or(800)822 5288 extension 2510 and request appointment of a ideal representative at no charge to you (-att:ti you have been appointed a legal representaiiye,you must promptly nice!with that legal representative within twenty(20)days of the appointment date.Doting that meeting,you must provide the legal representative with all requested financial infOrniation so that a Iiwit tesolution proptetal can be prepared on your behalf It you and you! legal tePt-eseulative eomplete a financial workshet in i he format attached het„to.the tool reprewmati,,,,t will prcila,,e,nod a 'quest 6,t Conciliation Contetoice with the(..'.turt.whitit must be Pled with the Court within sixty(60)days of the service upon you ot the foreclosure complaint. If yi:iu do so and a conciliation conference is scheduled,you will have an oppoi tunny to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender befttre the mortgage forecioNtive suit piocceds fat ward. if you are represented by a lawyer,you and your lawyer must take the'following steps to be eligible Air a conciliation conference.It is not necessary for you to contact Midi Legal Service for the appointment of a legal representative,ThiwcYcr.you most provide your litwyer as id all requested financial informatiOn so that a loan resolution prop tial can be plitiparcd on your behalf.If you and your lawyer complete a financial worksheet in the tOnnat altnelted herem,your lawyer will prepare and tile a Ropiest ler Canlentatintl(.7,ontffent:e with the Court,which Intl:St be filed within sixty((t0)days of the set vice upon you of Me foreclosure.complaint,If you do so and a conciliation conference is Kbeduled,you will have an opportunity tea meet stet»a replosentative of your lender in an attempt to work out reasonable at guments with yomit lender bet etc dui flair(g agc forcefouii-e suit proceeds forward, IF YOU WISH TO SAVE YOUR HOME,YOU MUST AC!'QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: „----,, ( \ , p __a .„ 1,...... . ..........„ . . Date ( initel I P,Nebitils,Esq.,Id.No,91656 Alba- ''v for Plaintiff s. , - ....., . - FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket#„,_,, ..__ . BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance,your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: CUSTONIElttPl{IMARY APPLICANT Bonower name(s): Property Address: City: `ii:att” Zip: is the property for sale? Yes[7 No t I Listing date: Price: Realtor Name: el Borrower Occupied? r Mailing Address fif different): ........__ City State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? CO-BORROWER Mailing Address: .. State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How Iong? 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: f 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 ntinther& aitorney: � -- -- - - —�___r- -----° ' &sset - Amount Owed: Value: Home; Other Real Euute: $ _______ $__-_- Rmi,vmcn/PvnOs: Investments: Checking; Suvin&': $ — --- - S. Automobile f1f: Mbd: : - - Year: Amount owed _ _ Value: £u1omWbilejg: Model: _ __ Yem: Amount owed: `yalve:___ _ ___- Other transportation luutnmobi|no.boats,motorcycles): &8ode/:_ ___ Yew r Amouu,owed: _ Monthly Income Name of Eniployeis: Monthly(it n`a -_M"n/Ny�n/__ Monthly<luss 'Monthly Y4;‘•L_______� Monthly Gmmo MvmblyNri_______ Add!dona! Iunonu Description(noc°og» ): monthly amount; __�___.__- 2` _ monthly uomouc Borrower Pay D Co-Bon'ower Pay Days: lVIonth\yExpenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2'1 Mortgage Utilities Car Payment(s) C hondo/Neig Fees I Auto Insurance Me.d. (not covered) Auto fuel/repairs • Other prop.payment Install. Loan Payment Cable TV Child Support/A m. Spendi_ng_Money , Day/Child Care/Tuit. Other Expenses Amount AvaIlable for Mon'hiy Mortgage Payments Based on Income&Expenses: Have you been working with a Housing Counseling Agency? Yes Non If yes,please provide the following information: Counseling At~/`uy: ______ __�___- _ _______�_� Counselor: - Phone(Office): ___ ' !ms: _____ _ __------- Email: Have you made application for Homeowners Emergency Mortgage Assistance Program(HEMAP) assistance? Yes No i_J 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 lender and lender's loan servicing company: I..,ender's Contact(Name):_ _.._... Phone; _ Servicing Servicing Company(N..arne) Contact: Phone: AtrfHORIZA'I'ION 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 Uwe am/arc 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 lender's counsel: 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) . . VERIFICATION Likk...)IrniteNeki.hereby states that heishe is:.i.i.; •4e;:!_;!1:. of PHH MORTGAGE CORPORATION,Plaintiff in this matter,that he/she is atithori.ad 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 histher infocmation and belief. The undersigned understands that this statement is made subject to the penalties of l8 Fa.C.S.Sec.4901 relating to unsworn falsification to authorities. ,— DATE: 1 1,413 ) Nam:, -AktiftgitQ Title:AC.410W 14(.0-Prillelar. PI-1H MORTGAGE CORPORATION Fila:815149 NAllie;CLOSE . . Pile if 615149 Exhibit "B" SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ot,at croo,,t1 Jody S Smith Chief Deputy 4 Richard W Stewart . °. Solicitor Off=Of TMg akiRifc PHH Mortgage Corporation Case Number vs. Amber E.Close 2013-4493 SHERIFF'S RETURN OF SERVICE 08/13/2013 08:30 PM-Deputy Amanda Ebersole,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 Tom Albright,Fiance,who accepted as"Adult Person In Charge"for Amber E.Close at 108 Linden Drive,Lower Allen,Camp Hill,PA 17011. 11 t if J. NDA EBERSOLE,DEPUTY SHERIFF COST:$39.30 SO ANSWERS, December 10,2013 RONR ANDERSON,SHERIFF { tct£ae.nivSa,lte Stnnt7 Toloosori Inc PHELAN HALLINAN, LLP D. Troy Sellars, Esq., Id. No. 210302 Attorney for Plaintiff 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 1360 PHH MORTGAGE CORPORATION Court of Common Pleas 2001 BISHOPS GATE BLVD MOUNT LAUREL,NJ 08054 Civil Division Plaintiff No. 13-4493-CIVIL v. Cumberland County AMBER E. CLOSE 108 LINDEN DRIVE CAMP HILL, PA 17011-7219 Defendant CERTIFICATION OF SERVICE I, D. Troy Sellars, Esquire, certify that I caused true and correct copies of Plaintiffs Motion to Lift Conciliation Stay and proposed Order to be sent sent via first class mail to the person listed below on the date indicated: AMBER E. CLOSE 108 LINDEN DRIVE CAMP HILL, PA 17011-7219 Date: January 29, :29 2014 B -/ Y D. Troy Se`II'ars, Esquire Attorney for Plaintiff 815149 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA PHH MORTGAGE CORPORATION Court of Common Pleas 2001 BISHOPS GATE BLVD MOUNT LAUREL,NJ 08054 Civil Division Plaintiff No. 13-4493-CIVIL V. Cumberland County AMBER E. CLOSE 108 LINDEN DRIVE CAMP HILL,PA 17011-7219 Defendant ORDER AND NOW,this ld day of , 2014, 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 OURT: . /41 J. rn.cu -q rn can eg � CD < -�!r' 815149 DISTRIBUTION LEGEND: D. TROY SELLARS, ESQ. PHELAN HALLINAN,LLP . 126 LOCUST STREET HARRISBURG, PA 17101 ATTORNEY FOR PLAINTIFF _,�,�BER E. CLOSE 108 LINDEN DRIVE CAMP HILL,PA 17011-7219 DEFENDANT , 815149 PHELAN HALLMAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan .Lobb @phelanhallinan.com 215-563-7000 rLLU it PrOTHIINO—TA.tc f MAR 20 it 1 9 3 shttorney for Plaintiff I AM 10: CUM3ERLANO COUNTY PENNSYLVANIA PHH MORTGAGE CORPORATION : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS AMBER E. CLOSE : CIVIL DIVISION : No. 13-4493 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 AMBER E. CLOSE, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint TOTAL $94,119.79 $94,119.79 I hereby certify that (1) the Defendant's last known address is 108 LINDEN DRIVE, CAMP HIT t, PA 17011-7219, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date J han Lobb, Esq., Id. No.312174 Attorney for Plaintiff DAMAGES RE REBY ASSESSED AS INDICATED. DATE: PH 815149 PROTHONOTARY arvt.4 8r5iftti )(141:Pb p2//9 No-ha incedoc/ PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 Attorney for Plaintiff PHH MORTGAGE CORPORATION : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. : CIVIL DIVISION AMBER E. CLOSE : No. 13-4493 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) AMBER E. CLOSE 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, as amended. (b) that defendant AMBER E. CLOSE is over 18 years of age and resides at 108 LINDEN DRIVE, CAMP HILL, PA 17011-7219. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date 40/fif 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 815149 'Department of Defense Manpower Data Center Results as of : Mar - 18-2014 12:05:32 AM SCRA 3.0 Sta Report Furs t to Sery ceme t Civil Relief Act Last Name: CLOSE First Name: AMBER Middle Name: E Active Duty Status As Of: Mar -18 -2014 On Active Duty On Active Duty Status Date Active Duly Start Date Active Duty End Date Status Service Component NA NA . - - No . NA Thls response reflects tyre indivlduafs' active duty status bawd on the Active Duty Status Dale 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 duly status within 367 days preceding the Active Duty Status Date The Member or His /Her Unit Was Notified of a Futu e Call -Up to Active Duty on Active Duty Status Data Order Notification Start Date Order Notification End Date Status Service Component NA NA _ - - Nd 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, NOM, 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. Mary M. Snavely- Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 PITH MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. AMBER E. CLOSE NO. 13-4493 Defendant(s) TO: AMBER E. CLOSE 108 LINDEN DRIVE CAMP HILL, PA 17011-7219 DATE OF NOTICE: CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY, 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 01-1-ER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 PH# 815149 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By Emily M. Phelan, Esq., Id. No.315250 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (Rule of Civil'Procedure No. 236) - Revised PHH MORTGAGE CORPORATION : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS AMBER E. CLOSE against you on : CIVIL DIVISION : No. 13 -4493 Notice 's gi en4 that a Judgment in the above captioned matter has been entered B v: 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 BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** 815149 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 PHH MORTGAGE CORPORATION Plaintiff V. AMBER E. CLOSE Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 13-4493 : CUMBERLAND COUNTY $94,119.79 Interest from 03/20/2014 to Date of Sale $2,598.96 ($15.47 per diem) TOTAL Note: Please attach description of property. PH # 815149 Ra Sv /3F 163:S " 6`' a $96,718.75 7)7,, Phn Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff kj,3bLL et#/tp36:3t/0 1k) /oogo.2. ye IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION Plaintiff V. AMBER E. CLOSE Defendant(s) PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) Filed: Phel a linan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff Address where papers may be served: AMBER E. CLOSE 108 LINDEN DRIVE CAMP HILL, PA 17011-7219 LEGAL DESCRIPTION ALL that certain tract or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point at the Easterly side of Linden Drive, which point is at the dividing line between Lots Nos. 4 and 5, Block 'A on the hereinafter mentioned Plan of Lots; thence along the last said dividing line eastwardly one hundred thirty-five and twenty-four hundredths feet (135.24 feet) to a point; thence southwardly seventy-seven and thirty-nine hundredths feet (77,39 feet) to a point at the dividing line between Lots Nos. 5 and 6, Block 'A'; thence along the last said dividing line westwardly one hundred twenty-four and fifteen hundredths feet (124.15 feet) to a point at the easterly side of Linden Drive; thence along the easterly side of Linden Drive northwardly by the arc of a circle curving to the left and having a radius of seven hundred twenty-six feet (726 feet) the arc distance of sixty-five feet (65 feet) to a point, the place of BEGINNING. BEING Lot No. 5, Block 'A' on the Plan of Linden Gardens, which Plan is recorded in the Cumberland County Recorder of Deeds Office in Plan Book 6, Page 49. HAVING thereon erected a dwelling house. TI1LE TO SAID PREMISES IS VESTED IN Amber E. Close, by Deed from Patricia E. . Wasson, by Thomas N. Wasson, her attorney-in-fact, dated 10/08/2009, recorded 10/20/2009 in Instrument Number 200935775. PREMISES BEING: 108 LINDEN DRIVE, CAMP HILL, PA 17011-7219 PARCEL NO. 13-23-0551-105 PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff V. AMBER E. CLOSE Defendant(s) ICL PROTHONOTAll 7 2(111; HU 1 9 All ID: 110 CUM3ERLAND COUNTY PENNSYLVANIA CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 13-4493 : CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: the mortgage is an FHA Mortgage the premises is non-owner occupied the premises is vacant Act 91 procedures have been fulfilled Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: P an Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff : ORTGAGE CORPORATION intiff 201!1 MAR 19 fiNN 10: Id 7 I'1't;tv£'O f1,i 17-7), AMBER E. CLOSE Defendant(s) CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION NO.: 13 -4493 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 108 LINDEN DRIVE, CAMP HILL, PA 17011 -7219. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) AMBER E. CLOSE 108 LINDEN DRIVE CAMP HILL, PA 17011 -7219 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) AMBER E. CLOSE 108 LINDEN DRIVE CAMP HILL, PA 17011 -7219 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) LINDEN GARDENS 302 COLONIAL BUILDING ALLENTOWN, PA 17011 PH # 815149 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 COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION DEPARTMENT OF PUBLIC WELFARE, TPL CASUALTY UNIT, ESTATE RECOVERY PROGRAM DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE INTERNAL REVENUE SERVICE ADVISORY U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 108 LINDEN DRIVE CAMP HILL, PA 17011 -7219 6TH FLOOR, STRAWBERRY SQ. DEPT 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108 -1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: PH # 815149 By: / Ph /n 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 PHH MORTGAGE CORPORATION AMBER E. CLOSE VS. : COURT OF COMMON PLEAS 23'1 rAR 19 niqintii f : CIVIL DIVISION COUT'' PENNS YL : NO.: 13-4493 Defendant(s) : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: AMBER E. CLOSE 108 LINDEN DRIVE CAMP HILL, PA 17011-7219 **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 108 LINDEN DRIVE, CAMP HILL, PA 17011-7219 is scheduled to be sold at the Sheriff's Sale on 09/03/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $94,119.79 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 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. 13-4493 PHH MORTGAGE CORPORATION V. AMBER E. CLOSE owner(s) of property situate in LOWER ALLEN TOWNSHIP, CUMBERLAND County, Pennsylvania, being 108 LINDEN DRIVE, CAMP HILL, PA 17011-7219 Parcel No. 13-23-0551-105 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $94,119.79 Attorneys for Plaintiff Phelan Hallinan, LLP p LEGAL DESCRIPTION ALL that certain tract or parcel of land situate in Lower Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point at the Easterly side of Linden Drive, which point is at the dividing line between Lots Nos. 4 and 5, Block 'A' on the hereinafter mentioned Plan of Lots; thence along the last said dividing line eastwardly one hundred thirty-five and twenty-four hundredths feet (135.24feet) to a point; thence southwardly seventy-seven and thirty-nine hundredths feet (77.39 feet) to a point at the dividing line between Lots Nos. 5 and 6, Block 'A'; thence along the last said dividing line westwardly one hundred twenty-four and fifteen hundredths feet (124.15 feet) to a point at the easterly side of Linden Drive; thence along the easterly side of Linden Drive northwardly by the arc of a circle curving to the left and having a radius of seven hundred twenty-six feet (726 feet) the arc distance of sixty-five feet (65 feet) to a point, the place of BEGINNING. BEING Lot No. 5, Block 'A on the Plan of Linden Gardens, which Plan is recorded in the Cumberland County Recorder of Deeds Office in Plan Book 6, Page 49. HAVING thereon erected a dwelling house. TITLE TO SAID PREMISES IS VESTED IN Amber E. Close, by Deed from Patricia E. Wasson, by Thomas N. Wasson, her attorney-in-fact, dated 10/08/2009, recorded 10/20/2009 in Instrument Number 200935775. PREMISES BEING: 108 LINDEN DRIVE, CAMP HILL, PA 17011-7219 PARCEL NO. 13-23-0551-105 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-4493 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 AMBER E. CLOSE (I) 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: $94,119.79 L.L.: $.50 Interest FROM 3/20/2014 TO DATE OF SALE ($15.47 PER DIEM) - $2,598.96 Atty's Comm. Atty Paid: $188.05 Plaintiff Paid: Date: 3/19/2014 (Seal) REQUESTING PARTY: Name: JONATHAN LOBB, ESQUIRE Address: PHELAN HALLINAN, LLP 1617 JFK BLVD., SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 312174 Due Prothy: $2.25 Other Costs: David D. Buell, Prothonota Deputy AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY PILI MORTGAGE CORPORATION PH # 815149 DEFENDANT SERVICE TEAM/ bib AMBER E. CLOSE COURT NO.: 13-4493 SERVE AMBER E. CLOSE AT: 108 LINDEN DRIVE CAMP HILL, PA 17011-7219 TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: September 3, 2014 SERVED Served and made known to AMBER E. CLOSE, Defendant on the Flay of if -p/2 I L , 20 14, at 4; 35 , o'clock p. M. at 10 $ U N fN DR, C4, kP 1/114., P ff , 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 Defendants company. Other. CO, (44,1 nq v 7 Description: Age 30 ` Height S �l b " Weight 16 0 Race W Sex M Other rio z r' _: Ronald Moll �" -'w'� I, , a competent adult, hereby verify that I personally handed a true and correct -c � of Wei c:. Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and a� dress s_ indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 49A 1 {elating to unsworn falsification to authorities. ...d.,7.„ `0. -(14"; ' -r• DATE: 4(9(4 NAME: ( v'�^-'P --1 r,..) J= , r +r V,—rt ...f b PRINTED NAME: Ronald Moll Process Server TITLE: NOT SERVED On the clay of20. at o'clock . M., I, state that Defendant NOT FOUND of, _ Vacant _ Does Not Exist _ Moved_ Does Not Reside (Not Vacant) _ No Answer on at at Service Refused a competent adult hereby 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 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff v. AMBER E. CLOSE ATTORNEY FOR PLAINTIFF C) `:� --1 C3 :: -nr -O t.- ; Tl -. pry r ::,'"D c.,....1 Court of Common Ply u, r ca� '2 -117 Civil Division CUMBERLAND CouNy'r-4 01 73 No.: 13-4493 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 July 31, 2013. 2. Judgment was entered on March 19, 2014 in the amount of $94,119.79. 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 September 3, 2014. 815149 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 Interest Through April 1, 2014 Late Charges Legal fees Cost of Suit and Title Property Inspections Mortgage Insurance Premium/ Private Mortgage Insurance Non Sufficient Funds Charge Escrow to be Paid Escrow Deficit $91,182.66 $6,534.72 $85.88 $1,725.00 $634.30 $22.50 $80.54 $50.00 $2,159.34 $3,424.44 TOTAL $105,899.38 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. Plaintiffs foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs 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 June 11, 2014 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 "B". 10. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin A. Hess entered an order granting Plaintiff s Motion to Lift Conciliation Stay dated February 10, 2014. 815149 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: 64b/# By: Phelan Hallinan, LLP Jus Kobeski Esquire %'TORNEY FOPLAINTIFF 815149 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff v. AMBER E. CLOSE Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13-4493 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE AMBER E. CLOSE 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 108 LINDEN DRIVE, CAMP HILL, PA 17011-7219. 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 815149 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, 815149 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). 815149 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. 815149 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). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 815149 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 Sheriff s sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriffs sale date, as their interests will be divested by the Sheriff's 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. 815149 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. Since the terms of the mortgage provide that such expenses by the mortgage company become 815149 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. DATE: 67/2//1 By: Phelan Hallinan, LLP Justin F. obeski, Esq i ire Atto -y for Plaintiff 815149 Exhibi "A' 81.5149 PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb @phelanhallinan.com 215-563-7000 PP,OTHONOTAk.f 2011 �� 9 (�: 3 ttorney for Plaintiff CUM3ERLAED COUNTY PENNSYLVANIA PITH MORTGAGE CORPORATION : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS AMBER E. CLOSE : CIVIL DIVISION : No. 13-4493 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 AMBER E. CLOSE, 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 $94,119.79 TOTAL $94,119.79 I hereby certify that (1) the Defendant's last known address is 108 LINDEN DRIVE, CAMP HILL, PA 17011-7219, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date 3/0//r Jc}irathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff DAMAGESS.RE;EBY ASSESSED AS INDICATED. DATE: J % 9 PH # 815149 PROTHONOTARY 0.00 61lf-SDp4 8 149 No`h c e Matipci Exhibit "B" 815149 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 June 2, 2014 AMBER E. CLOSE 108 LINDEN DRIVE CAMP HILL, PA 17011-7219 RE: PHH MORTGAGE CORPORATION v. AMBER E. CLOSE Premises Address: 108 LINDEN DRIVE CAMP HILL, PA 17011 CUMBERLAND County CCP, No. 13-4493 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 6/7/2014. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Jp th;<'. Sir eski, Esq., Id. No.200392 Alt. iiey J +r Plaintiff Enclosure 815149 Name and Address Of Sender ine Nu be Tota r o Pteces Load by Sender Phelan liallinan, LLP 1617 JF'K Boulevard, Suite 1400 One Penn Center Plaza Ittladqp1). 19103 islanie of Address Ali:IBER E. CLOSE: 08 LINOEN ORME CAMP HILL, E: AiV1BER ic;f-a-l- ReceRed at Pom Office 7 0 '• Posta S0.48 ion of V4 'req 1 domeam and intereattona registerche $0,41 I? of nonnegotiable documents under ficpm, Mad document teCOmtrucir t a lima of 1500,011,0 per occurrence. The matinunn melt:num) pny-4nle t. indttMlutY PaYable rs S25,000 for regostered fmrrt, senr wnh optional insurance S for !mutations of cove 815149 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 j ustin.kobeski@phelanhallinan. corn 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff v. AMBER E. CLOSE ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13-4493 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. AMBER E. CLOSE 108 LINDEN DRIVE CAMP HILL, PA 17011-7219 DATE: 6-72-/j By: Phelan Hallinan, LLP Justin, obeski, Es o uire AT ' i RNEY FOR ' LAINTIFF 815149 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 June 1-2-2014 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: PHH MORTGAGE CORPORATION v. AMBER E. CLOSE CUMBERLAND County CCP, No. 13-4493 Dear Sir or Madam: Enclosed for filing please find Motion to Reassess Damages, Brief in Support thereof, and Certification of Service with regard to the above captioned matter. Kindly return a time -stamped copy of the enclosed in the self-addressed stamped envelope provided for your convenience. Very t yours, Just' F. Kob ski, Esq., Id. No.200392 orney for ' laintiff Enclosure cc: AMBER E. CLOSE 815149 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PHH MORTGAGE CORPORATION Plaintiff v. AMBER E. CLOSE AND NOW, this Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 13-4493 RULE ! day ofc,1 u�- 2014, 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 TH COURT r"1 _J C_7 �.� CD —t1 815149 ustin 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 ,/ HMBER E. CLOSE 108 LINDEN DRIVE CAMP HILL, PA 17011-7219 er) 112.1.15L /7// 4..771 815149 815149 '- Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff vs. AMBER E. CLOSE ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13-4493 Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's June 17, 2014 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. AMBER E. CLOSE 108 LINDEN DRIVE CAMP HILL, PA 17011-7219 DATE: 072-6, lBy: l rico -�Y r— Phelan Hal n, LLP Justin �/= obes sq., Id. No.200392 Att ey for Plaintiff 757 r,. C) 815149 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan. Lobb @phel anhal linan. com 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff vs. AMBER E. CLOSE Defendant " fritf@THONG Al)Mtn,. r 201 4 JUL /0 AI @T3TORNEY FOR PLAINTIFF CUMBERLAND COUNT'r` PENNSYLVANIA Court of Common Pleas Civil Division CUMBERLAND County No.: 13-4493 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 June 13, 2014. 2. A Rule was issued by the Honorable Judge Kevin A. Hess on or about June 17, 2014 directing the Defendant to show cause by July 7, 2014 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 A. 3. The Rule to Show Cause was timely served upon all parties on June 26, 2014 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 B. 4. Defendant failed to respond or otherwise plead by the Rule Returnable date of July 7, 2014. 815149 2 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: 7(g by By: Jo(than Lobb, Esq., Id. No.312174 Attorney for Plaintiff Phelan Hallinan, LLP 3 815149 815149 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PHH MORTGAGE CORPORATION Plaintiff v: AMBER E. CLOSE Defendant AND NOW, this %'i'bi"‘• Court of Common Pleas Civil Division CUMBERLAND County No.: 13-4493 RULE day of % A,LM Q _ 2014, 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 815149 Justin 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 AMBER E. CLOSE 108 LINDEN DRIVE CAMP HILL, PA 17011-7219 815149 815149 Exhibit "B" 815149 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff vs. AMBER. E. CLOSE ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13-4493 Defendant rTORNEY FILE COPY cASF RETURN CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's June 17, 2014 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Dan1 granted was served upon the following individual on the date indicated below. AMBER E. CLOSE 108 LINDEN DRIVE CAMP HILL, PA 17011-7219 DATE: 0/2697;;f: By: {-rim z. (JO— Phel Justin Id. No.20032:2 Alt cy for Plaintiff 815149 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff vs. AMBER E. CLOSE ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13-4493 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. AMBER E. CLOSE 108 LINDEN DRIVE CAMP HILL, PA 17011-7219 DATE: 771 id Phelan Hallinan, LLP By: l onathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff 815149 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division CUMBERLAND C No.: 13-4493 c7 �,, vs. 3 z .._.f L =- to--. r— ; cn r — Defendant C.-7)- C ORDER -:; c t, -- AND NOW, this I Y . day of q....17, 2014, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered AMBER E. CLOSE upon Defendant shall be and is hereby made absolute and Plaintiffs Motion to Reassess Damages in the above captioned matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tuns as follows: Principal Balance Interest Through April 1, 2014 Late Charges Legal fees Cost of Suit and Title Property Inspections Mortgage Insurance Premium/ Private Mortgage Insurance Non Sufficient Funds Charge Escrow to be Paid Escrow Deficit $91,182.66 $6,534.72 $85.88 $1,725.00 $634.30 $22.50 $80.54 $50.00 $2,159.34 $3,424.44 TOTAL $105,899.38 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. ietv„.15_,L RA.y . 7/iy1/ y 815149 PHELAN HALLINAN, LLP 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 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, . COURT OF COMMON PLEAS v. . CIVIL DIVISION AMBER E. CLOSE Defendant(s) No.: 13-4493 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". Date: filfir Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH # 815149 PHH MORTGAGE CORPORATION Plaintiff v. AMBER E. CLOSE Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 13-4493 CUMBERLAND COUNTY AMENDED 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 108 Linden Drive, Camp Hill, PA 17011-7219. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained,. please so indicate) AMBER E. CLOSE 108 LINDEN DRIVE, CAMP HILL, PA 17011-7219 2. Name and address of Defendant(s) in the judgment: Name AMBER E. CLOSE Address (if address cannot be reasonably ascertained, please so indicate) 108 LINDEN DRIVE CAMP HILL, PA 17011-7219 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) PARTNERS IN WOMEN'S HEALTHCARE 1 LEMOYNE SQUARE PLAZA PC LEMOYNE, PA 17043 PARTNERS IN WOMENS HEALTHCARE C/O PO BOX 64 REBECCA MCCLURE MOUNTVILLE, PA 17554 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) PH # 815149 LINDEN GARDENS 302 COLONIAL BUILDING ALLENTOWN, PA 17011 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name TENANT/OCCUPANT COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION DEPARTMENT OF PUBLIC WELFARE, TPL CASUALTY UNIT, ESTATE RECOVERY PROGRAM DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE INTERNAL REVENUE SERVICE ADVISORY U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING Address (if address cannot be reasonably ascertained, please indicate) 108 LINDEN DRIVE CAMP HILL, PA 17011-7219 6TH FLOOR, STRAWBERRY SQ. DEPT 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: ,e47/ PH # 815149 By: 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 Name and Address Of Sender Phelan Boulevard, Suite 1 161717JFK Suite 1490 One Penn Center Plaza Philadelahia, PA 19103 AZK/JSG 09/03/2014 SALE Line Article Number Name of Addressee, Street, and Post Office Address . Postage 1 **•* PARTNERS IN WOMEN'S HEALTHCARE PC ; 50.48 1 LEMOYNE SQUARE PLAZA i LEMOYNE, PA 17043 2 *"•* PARTNERS IN WOMENS HEALTRCARE C/O REBECCA MCCLURE 50.48 PO BOX 64 I .MOUNTVILLE, PA 17554 RE: AMBER E. CLOSE (CUMBERLAND) Pii 0 815149/1026 Page 1 of 1 . 45 Day 50.96 Total Number of Tot it Nmober of Pieces Poinmuter. Pcr(Name of. - The roll declaration of Woo is regoired on oil domestic and intematioral mgistmed nail. The r Pio lined by Sender . _Received a Past Office - Receiving Employee) for the reeontmtctioo ofnonncgaiiNfdooumws.m6vFYptns Mal doemratt nxeosnuaiein pica subject soh limilof 3S00,000 pa ocaenena_ The in: minium indemnity payable bn Eq. The 'minim= indemnity payabk is f23,000 foil registered MAR., sent with option.linsuraoco. R900 S913 ad 5921far limitations of.ccv,,* c. Fo 877 Facsimi PH 4 815149 Name and Phelan Hallinan, LLP Addresi 1111111110 1617 1F Boulevard, Suite 14 Of Sender One Penn Center Plaza Philadelphia, PA 19103 Line Article Number Name of Addressee, Street, and Pfisl Office Address Postage ( • py -Q � T` r. i . ' ": ts'ti"," 1 **rr TENANT/OCCUPANT 108 LINDEN DRIVE av CAMP HILL, PA 17011-7219 $0.47 2 •*• s m Commonwealth of Pennsylvania Bureau of individual Taxes InheritanceTax Division 6th Floor, Strawberry Sq.r Dept 280601• Harrisburg, PA 17128 $0.47 3 •,*• Department of Public Weitare,TPL Casualty Unit Estate Recovery Program P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 $0,47 ;�� PA 1'' 4 **'* LINDEN GARDENS 302 COLONIAL BUILDING ALLENTOWN, PA 17011 $(} ,p mop 5 -, •*** Domestic Relations of Cumberland County 13 North Hanover Street P Carlisle, PA 17013 $0A7'• , 6 `•••s - Commonwealth of Pennsylvania Department of Welfare !► P.O. Box 2675 Harrisburg, PA 17105 $0.47 7 "*» Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 $0.47 8 es,* U.S. Department or Justice U.S. Attorney for the Middle District of PA s Federal Banding ' 228 Walnut Street, Sulle 220 PO Box 11754 Harrisburg, PA 17108.1754 $0.47 -RE: AMBER E,CLOSE (CUMBERLAiVD) - ° PH' # 815149/1021 "Page_1 of 1 :.:,aWr1i eame $3.76 Toed Number of P'ases Lima by Sender- Total Number of Noss Received .t Pop Office PortmaNr, Per (Name'of Revelries Employee) The roll declaration of taloa is rtgeited on all&Ipecac and international registered mail, The tmalmum irdemnily payahk fas H, reeoivtna:l'mn ofmaztotiabk documents under Pao.,Mail &amid rtwndlexi,n imumrce i, SSO,WO far. pame nb1ed to ■ Emil of SS00A00 per otevnerce. Th maaW m indemnity payable WI Earls. Mall merchandise , SSW. The maahmm lodeomily paythk is S23.000 for reentered nail, cent oohh optimal Inpxanee. Soo Doo.rtic Mail Marmot R900 S913 aril 5921 for limitations of core,G_ orm 3877 Facsimile ED -OFF C PRO TH(140 TAL1 2014 SEP I 0 API 10: 2 C UtIBERL A ND COUNT Y PENNS YL VA NIA PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION Plaintiff Attorney for Plaintiff : CIVIL DIVISION v. : No.: 13-4493 AMBER E. CLOSE Defendant(s) NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriffs Sale scheduled for 09/03/2014 at 10:00 AM in the above -captioned matter has been continued until 12/03/2014 at 10:00 AM. Date: PH# 815149 Jona ,n obr, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Attorney for Plaintiff PHH MORTGAGE CORPORATION Plaintiff : CIVIL DIVISION v. : No.: 13-4493 AMBER E. CLOSE Defendant(s) CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Notice of the Date of Continued Sheriffs Sale and Certificate of Filing were served by regular mail on the person(s) on the date listed below: AMBER E. CLOSE 108 LINDEN DRIVE CAMP HILL, PA 17011-7219 Date: PH # 815149 J athan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION Plaintiff V. AMBER E. CLOSE Defendant(s) Attorney for Plaintiff : CIVIL DIVISION : No.: 13-4493 NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriffs Sale scheduled for 12/03/2014 at 10:00 AM in the above -captioned matter has been continued until 01/07/2015 at 10:00 AM. Date: PH # 815149 it 12-o Jig Jon Atto an Lobb, Esq., Id. No.312174 ey for Plaintiff PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Attorney for Plaintiff PHH MORTGAGE CORPORATION Plaintiff : CIVIL DIVISION v. : No.: 13-4493 AMBER E. CLOSE Defendant(s) CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Notice of the Date of Continued Sheriffs Sale and Certificate of Filing were served by regular mail on the person(s) on the date listed below: AMBER E. CLOSE 108 LINDEN DRIVE CAMP HII L, PA 17011-7219 Date: if /20// tic PH # 815149 Jon n Lobb, Esq., Id. No.312174 Atto ey for Plaintiff Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFfICE Tr, ,= Er .^ �i a h a, ... INJ `jD' ti L' PENNSYLVANIA PHH Mortgage Corporation vs. Amber E. Close Case Number 2013-4493 SHERIFF'S RETURN OF SERVICE 06/16/2014 08:29 PM - Deputy Dawn Kell, 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 108 Linden Drive, Lower Allen, Camp Hill, PA 17011, Cumberland County. 06/20/2014 05:49 PM - Deputy Shawn Harrison, 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 the Defendant, to wit: Amber E. Close at 108 Linden Drive, Lower Allen, Camp Hill, PA 17011, Cumberland County. 08/29/2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 12/3/2014 11/13/2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 1/7/2015 12/29/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $775.72 SO ANSWERS, January 13, 2015 RONKS' R ANDERSON, SHERIFF Aiv 3/5-4.0 -'i CountySuae Sheriff, Teleost ft, inc. • WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 13-4493 Civil CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION Plaintiff (s) From AMBER E. CLOSE (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: $94,119.79 L.L.: $.50 Interest FROM 3/20/2014 TO DATE OF SALE ($15.47 PER DIEM) - $2,598.96 Atty's Comm: Atty Paid: $188.05 Plaintiff Paid: Date: 3/19/2014 (Seal) REQUESTING PARTY: Name: JONATHAN LOBE, ESQUIRE Address: PHELAN HALLINAN, LLP 1617 JFK BLVD., SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 312174 Due Prothy: $2.25 Other Costs: David D. Bu, ll, Prothonota Deputy TRUE COPY,FRONI RECORD In Testimcny whereof, 1 here unto set my hand and the seal of said Court at Carlisle, Pa. This day of . 20 j• ( - b4 Prothonotary LXIII 29 CUMBERLAND LAW JOURNAL 07/18/14 Writ No. 2013-4493 Civil PHH MORTGAGE CORPORATION vs. AMBER E. CLOSE Atty.: Joseph Schalk By virtue of a Writ of Execution No. 13-4493, PHH MORTGAGE CORPORATION v: AMBER E. CLOSE owner(s) of property situate in LOW- ER ALLEN TOWNSHIP, CUMBER- LAND County, Pennsylvania, being 108 LINDEN DRIVE, CAMP HILL, PA 17011-7219. Parcel No. 13-23-0551-105. Improvements thereon:,RESIDEN- TIAL DWELLING. Judgment Amount: $94,119.79. 31 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: July 11, July 18 and July 25, 2014 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 allegationsin the foregoing statements as to time, place and character of publication are true. sa Marie Coyne, Edior SWORN TO AND SUBSCRIBED before me this 25 da of July, 2014 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public - CARLISLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28. 2018 The Patriot -News Co. `1900 Patriot Drive Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 he atriotJews Now you know 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 Amy Kotula, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 1900 Patriot Drive, 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. 2013-4493 Civil Term PHH MORTGAGE CORPORATION vs. AMBER E. CLOSE Atty: Joseph Schalk By virtue of a Writ of Execution No. 13-4493 PHH MORTGAGE CORPORATION v. AMBER E. CLOSE owner(s) of property situate in 1,OWER ALLEN TOWNSHIP, CUMBERLAND County, Pennsylvania, being 108 LINDEN DRIVE. CAMP HILL. PA 17011-7219 Parcel No. 13-23-0551-105 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $94,119.79 This ad ran on the date(s) shown below: 07113114 07/20/14 07127/14 Sworn to a ! bscribed before me this 20 day of August, 2014 A.D. P b b11.c COMMONWEALTH OF PENNSYLVAN!A NOTARIAL SEAL Sheryl Marie Leggore, Notary Public Hampden Twp., Cumberland County My Commission Expires July 16, 2018 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES the patriot4\Tcws Now you know 2020 Technology Parkway Mechanicsburg, PA (717) 255-8237 BILL TO: Cumberland County Sheriffs Office Cumberland County Court House Carlisle, PA 17013 ACCT. # 2260 DUPLICATE BILL Date Description Sale # Size Rate Net Cost Of Ad 07/13/14 Sheriff Sale 4493 5.11 $14.29 $ 73.02 07/20/14 Sheriff Sale 4493 5.11 $14.29 $ 73.02 07/27/17 Sheriff Sale 4493 5.11 $14.29 $ 73.02 Notary Fee $5.00 Digital Penn Live Charge $ 9.31 TOTAL DUE FOR THIS SALE: JLC $ 233.37