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HomeMy WebLinkAbout13-5472 Supreme Court of Pennsylvania Court OIIlIIlOII Pleas For Prothonotary Use C1Vil ,1 C O ef, lieet Onl a CUE Y`AN� � � County Docket No: - - t <_ 5 IVIB ano L_ The if formation collected on this form is used solely for court administration purposes. This form does not supp lement or replace the filing and service ofpleadings or other papers as req uired by law or rules of court. S Commencement of Action: ❑D Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: PENNYMAC MORTGAGE Lead Defendant's Name: JAMES D. BURNS T INVESTMENT TRUST HOLDINGS 1, LLC. I Are money damages requested? ❑Yes 9 No Dollar Amount Requested: ❑ within arbitration limits 0 (Check one) 0 outside arbitration limits N Is this a Class Action Suit? ❑ Yes N No Is this an MDJ Appeal? ❑ Yes N No A Name of Plaintiff /Appellant's Attorney: Melissa J. Cantwell, Esq., Id. No.308912, Phelan Hallinan, LLP ❑ Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS • Intentional ❑ Buyer Plaintiff Administrative Agencies • Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment • Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections • Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not S include mass tort) ❑ Employment Dispute: ❑ Slander/Libel/ Defamation Discrimination E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T I MASS TORT ❑ Other: 0 ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES • Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS • Toxic Waste ❑ Ejectment ❑ Common Law/Statutory Arbitration $ ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto • Dental ❑ Partition ❑ Replevin • Legal ❑ Quiet Title ❑ Other: • Medical ❑ Other: • Other Professional: Pa.R.C.P. 205.5 Updated 01101/2011 "iLED - l;; i ICE 6c T1. "'E PROTHO+ OTAn'r 2013 SEP 18 All. 10: 19 t"'UMSERLA140 COUNTY PENNSYLVANIA PHELAN HALLINAN, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 Melissa .Cantwell @phelanhallinan.com 215 -563 -7000 PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, LLC. COURT OF COMMON PLEAS 6101 CONDOR DRIVE, SUITE 310 MOORPARK, CA 93021 CIVIL DIVISION Plaintiff TERM V. NO. �3 — J / M JAMES D. BURNS 221 12TH STREET CUMBERLAND COUNTY NEW CUMBERLAND, PA 17070 -1608 GINA A. BURNS 221 12TH STREET NEW CUMBERLAND, PA 17070 -1608 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE S PA 14 File #: 927814 �� ' (1 ka -- I . Plaintiff is PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS 1, LLC. 6101 CONDOR DRIVE, SUITE 310 MOORPARK, CA 93021 2. The name(s) and last known address(es) of the Defendant(s) are: JAMES D. BURNS 221 12TH STREET NEW CUMBERLAND, PA 17070 -1608 GINA A. BURNS 22112TH STREET NEW CUMBERLAND, PA 17070 -1608 who is /are the mortgagor(s) and /or real owner(s) of the property hereinafter described. 3. On 05/17/2007 JAMES D. BURNS and GINA A. BURNS made, executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc. as Nominee for ALTA FINANCIAL MORTGAGE, which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1993, Page 3525. By Assignment of Mortgage recorded 05/10/2013 the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Assignment of Mortgage Instrument No. 20131542] .The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2012 and each month thereafter are due and unpaid, and by the terms File #: 927814 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. 6. The following amounts are due on the mortgage as of 08/02/2013: Principal. Balance $99,610.50 Interest $7,370.45 10/01/2012 through 08/02/2013 Late Charges $0.00 Property Inspections $54.00 Appraisal /Brokers Price Opinion $168.00 TOTAL $107,202.95 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. File #: 927814 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $107,202.95, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN, LLP By: L Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff File #: 927814 LEGAL DESCRIPTION ALL THAT CERTAIN lot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the BOROUGH OF NEW CUMBERLAND, County of CUMBERLAND and Commonwealth of Pennsylvania, as follows: BEGINNING at a point, the northwest corner of Twelfth (formerly Washington) and Martin Streets, as shown on Plan of Martin's Addition to the Borough of New Cumberland; thence northwardly, along the western line of Martin Street, one hundred thirty-five (13 5) feet to a fifteen (15) feet wide alley; thence westwardly along the same, thirty -six (36) feet to a point, thence southwardly on line parallel with Martin Street, one hundred thirty-five (135) feet to Twelfth Street; thence eastwardly, along Twelfth Street, thirty -six (36) feet to the place of BEGINNING. BEING Lot No. 59 and eastern six (6) feet of Lot No. 60 as shown as Plan of Lots of The Willetts Heirs, recorded in the Cumberland County Recorder's Office in Plan Book 2, page 24. PARCEL ID# 26 -23- 0541 -245 PROPERTY ADDRESS: 22112TH STREET, NEW CUMBERLAND, PA 17070 -1608 PARCEL #26 -23- 0541 -245 File #: 927814 VERIFICATION Ter Luna , hereby states that he /she iS Qefaul# Sp eClgli §J III of PENNYMAC LOAN SERVICES, LLC, 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: l Name: Title: Teresa Luna Default Speciallst T PENNYMAC LOAN SERVICES, LLC 927814 Name: BURNS File 4: 927814 FORM 1 IN THE COURT OF COMMON PLI7�'A� S PENNYMAC MORTGAGE INVESTMENT OF CUMBERLAND COUNTY, PENNSYkgAI r; TRUST HOLDINGS I, LLC. rn a u Plaintiff(s) Mi = ✓ co C < ' +l JAMES D. BURNS CP - re GINA A. BURNS �� C �' r. Defendant(s) / ivil Tz 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 my be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 2439400 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 withthe 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 reasonablearrangements 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 finandal 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 concilition 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: S E P 17 2013 Date Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff 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: CUSTOM ER/PRI MARY 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-BORROWER 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: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #l: Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles boats motorcvcles� Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 nd 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 Su ort/Alim. Spending Mone Da /Child Care /Tuft. 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 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) 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 #: 927814 SHERIFF'S OFFICE OF CUMBERLAND COUNTY --; Ronny R Anderson a Z Sheriff Jody S Smith �tetitxa of urr�tir 14 Can r— Chief Deputy ,� -e> ' _�' i r t:: ���_Q Richard W Stewart Solicitor OFFICE OF THM.SHERIFF PennyMac Mortgage Investment Trust Holdings I, LLC Case Number vs. James David Burns(et al.) 2013-5472 SHERIFF'S RETURN OF SERVICE 09/20/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Gina Burns a/k/a Gina A. Murphy, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according to law. 09/23/2013 01:00 PM-Chief Deputy Jody Smith served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by"personally" handing a true copy to a person representing themselves to be the Defendant,to wit: James David Burns at the Cumberland County Sheriffs Office, One Courthouse Square, Carlisle, PA 17013. JODY SP SMITH, DEPUTY 09/27/2013 08:40 AM-The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure served by the Sheriff of Dauphin County upon Gina Burns a/k/a Gina A. Murphy, personally, at Dauphin County Prison, 501 Mall Road, Harrisburg, PA 17111. Jack R. Lotwick, Sheriff, Return of Service attached to and made part of the within record. 10/11/2013 08:24 PM -Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Occupants, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as"Not Found"at 221 12th Street, New Cumberland Borough, New Cumberland, PA 17070. Residence is vacant. SHERIFF COST: $88.21 SO ANSWERS, 6�Z October 02, 2013 RONWY R ANDERSON, SHERIFF (c)CountySuite Sheriff,Teleosoft,Inc. M tb tt' I It, Shelley Ruhl Jack Duignan Real Esta e Deputy ? Chief Deputy Matthew L. Owens Michael W. Rinehart Solicitor Assistant Chief Deputy Dauphin County 101 Market Street Harrisburg,Pennsylvania 17101-2079 ph:(717)780-6590 fax:(717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, LLC VS County of Dauphin GINA BURNS A/K/A GINA A. MURPHY Sheriff s Return No. 2013-T-2632 OTHER COUNTY NO. 2013-5472 And now: SEPTEMBER 27, 2013 at 8:40:00 AM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon GINA BURNS A/K/A GINA A. MURPHY by personally handing to GINA BURNS A/K/A GINA A. MURPHY 1 true attested copy of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at DCP, INMATE # 81145, 501 MALL ROAD HARRISBURG PA 17111 Sworn and subscribed to So Answers, before me this 27TH day of September, 2013 Q� Sheriff u in County, P x Y COMMONWEALTH OF PENNSYLVANIA Deputy Sher• f NOTARIAL SEAL Deputy: ROY C KROW Karen M.Hoffman,Notary Public City of Harrisburg,Dauphin County Sheriffs Costs: $47.25 9/26/2013 My Commission Expires Au ust 17,2014 PHELAN HALLINAN, LLP "'. IjR 0 TI-iw N O"IA D. Troy Sellars, Esq., Id. No. 210Q fDEC- 3 AM 10: 1,7 Attorney for Plaintiff 126 Locust Street 1 Harrisburg, PA 17101 CUMBERLAND COUNTY 215-563-7000 x1360 PENNSYLVANIA PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, LLC. Court of Common Pleas 6101 CONDOR DRIVE, SUITE 310 MOORPARK, CA 93021 Civil Division Plaintiff No. 13-5472-CIVIL v. Cumberland County JAMES D. BURNS 221 12TH STREET NEW CUMBERLAND, PA 17070-1608 GINA A. BURNS 221 12TH STREET NEW CUMBERLAND, PA 17070-1608 Defendants MOTION TO LIFT CONCILIATION STAY Plaintiff, Pennymac Mortgage Investment Trust Holdings I, LLC (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 September 18, 2013, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendants for their failure to make monthly payments of principal and interest upon their mortgage due November 1, 2012, 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 September 27, 2013, Plaintiff completed service of the Complaint in Mortgage Foreclosure along with the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice upon the Defendants. A true and correct copy of the Sheriff's Return of Service is attached hereto, made part hereof and marked as Exhibit"B". 927814 3. Pursuant to the Cumberland County Administrative Order of 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 Defendants 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 Defendants 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 Defendants have not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendants failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty (60) days of service. 7. Since Defendants have 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 HA INAN, LLP Date: 12-4/113 BY: 4A- D. Troy lars, Esquire Attorney for Plaintiff 927814 Exhibit "A" w —t -n "OM liii PHELAN HALLINAN,LLP Melissa J.Cantwell,Esq.,Id.No.308912 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF I'hlladpttia,I`A 19183 - Me lissa.Cantwell@phelanhallinan.com 21,5-563-7000 PENNYMAC MORTGAGE INVESTMENT TRUST x. HOLDINGS I,LLC. COURT OF COMMON PLEAS 6101 CONDOR DRIVE,SUITE 310 MOORPARK,CA 93021 CIVIL DIVISION Plaintiff TERM e,„, NO. /3-. 5Y):2)2 /o( JAMES D.BURNS 221 12TH STREET CUMBERLAND COUNTY NEW CUMBERLAND,PA 17070-1608 GINA A.BURNS 221 12TH STREET NEW CUMBERLAND,PA 17070-1608 Defendants CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE f ine Within to be "tt@ BCit File N: 927$14 TTORNE'/ ;' LE Ct3Pt C0171aC1 PV rfTe PLEASE RETURN �trlr.i._ 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 Al'ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. TI-IIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HERE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WI'T'H INFORMATION ABOUT AGENCIES THAT M MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS Al'" 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 tl: 927814 1. Plaintiff is PF;NNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, LLC. 6101 CONDOR DRIVE, SUITE 310 MOO.RPARK,CA 93021 2. The name(s)and last known address(es)of the Defendant(s)are: JAMES D.BURNS 221 12TH STREET NEW CUMBERLAND, PA 17070-1608 GINA A.BURNS 221 12TH STREET NEW CUMBERLAND,PA 17070-1608 who is/are the mortgagor(s)and/or real owner(s)of the property hereinafter described. 3, On 05/17/2007 JAMES D.BURNS and GINA A. BURNS made,executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc. as Nominee for ALA FINANCIAL MORTGAGE,which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1993, Page 3525. By Assignment of Mortgage recorded 05/10/2013 the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Assignment of Mortgage Instrument No. 201315421.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2012 and each month thereafter are due and unpaid, and by the terms Foci' ';?17;14 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. 6. The following amounts are due on the mortgage as of 08/02/2013: Principal Balance $99,610.50 Interest $7,370.45 10/01/2012 through 08/02/2013 Late Charges $0.00 Property Inspections $54.00 Appraisal/Brokers Price Opinion $168.00 TOTAL $107,202.95 7. Plaintiff is not seeking a judgment of personal liability (or an in person=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 Defendants) 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. pile//: 5112"1814 WHEREFORE,Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $107,202.95, together with interest,costs,fees,and charges collectible under the mortgage including but not limited to attorney fees and costs,and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN, LLP y: Melissa J.Cantwell,Esq.,Id.No.308912 Attorney for Plaintiff F114 4: 927814 LEGAL DESCRIPTION ALL THAT CERTAIN lot,piece or parcel of land,with the buildings and improvements thereon erected, situate, lying and being in the BOROUGH OF NEW CUMBERLAND,County of CUMBERLAND and Commonwealth of Pennsylvania,as follows: BEGINNING at a point, the northwest corner of Twelfth (formerly Washington) and Martin Streets,as shown on Plan of Martin's Addition to the Borough of New Cumberland; thence northwardly,along the western line of Martin Street,one hundred thirty-five(135) feet to a fifteen (15) feet wide alley;thence westwardly along the same,thirty-six(36)feet to a point, thence southwardly on line parallel with Martin Street,one hundred thirty-five(135)feet to Twelfth Street;thence eastwardly, along Twelfth Street,thirty-six (36)feet to the place of BEGINNING. BEING Lot No. 59 and eastern six (6)feet of Lot No. 60 as shown as Plan of Lots of The Willetts Heirs,recorded in the Cumberland.County Recorder's Office in Plan Book 2,page 24. PARCEL 1D#26-23-0541-245 PROPERTY ADDRESS: 221 12TH STREET,NEW CUMBERLAND,PA 17070-1608 PARCEL#26-23-0541-245 riled: 927814 • VEIUHCATION Teresa Luna , hereby states that he/she i9efault Sp.oi11II t of PENNYMAC LOAN SERVICES,LLC, Plaintiff in this matter, that he/she is authorized to make this Verification;and verify that the statements made in-the foregoing"Civil Aetibli 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: (), Name: Title: Teresa Luna Daiwa SPeciatlat!fl PENNYMAC LOAN SERVICES,LLC 927814 Name: BURNS Filet 927814 FORM I IN THE COURT OF COMMON PLEAS PENNYMAC MORTGAGE INVESTMENT OF CUMBERLAND COUNTY,PENNSYLVANIA TRUST HOLDINGS I,LLC. Plaintiff(s) vs. JAMES D.BURNS • GINA A.BURNS 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 nuy be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer,you must take the following steps to be eligible for a conciliation conference. First,within twenty(20)days of your receipt of this notice,you must contact MidPenn Legal Services at(717)2439400 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 he 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 withthe 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 reasonablearrangements 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 fnandal 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 concilation 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; ( l Date Melissa J.Cantwell, Esq.,Id.No.308912 Attorney for Plaintiff 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: OUST{)MFR,'I'RI NIA k1 APPLICANT Borrower name(s): Property Address: City: State: Zip. is the property for sale? Yes I No f l Listing date: - Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes El No 1 Mailing Address(if different): Cit y: State: Zip:Phone Numbers: l tome: � Office: Cell: -__.... _..__. Other: _._ Email: #of people in household: l:low long? C"O4301 itOWER. Mailing Address: City: State: Lip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: flow 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: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, LLC. Court of Common Pleas 6101 CONDOR DRIVE, SUITE 310 MOORPARK, CA 93021 Civil Division Plaintiff No. 13-5472-CIVIL v. Cumberland County JAMES D. BURNS 221 12TH STREET t �, NEW CUMBERLAND, PA 17070-1608 rritx3 CJ r rn GINA A. BURNS 221 12TH STREET r NEW CUMBERLAND, PA 17070-1608 - = Defendant - " - ORDER AND NOW, this /7'. day of T„)`4.4y. , 2013, upon consideration of Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter, it is hereby ORDERED and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed with its Mortgage Foreclosure Action. BY T ' COURT: J. C C: James D. Burns Gina A. Bums 'Troy Sellars, Esq., Id. No. 210302 Attorney for Plaintiff 927814 Cespf 41//6/4.3 PHELAN HALLINAN, LLP D. Troy Sellars, Esq., Id. No. 210302 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 1360 JAMES D. BURNS GINA A. BURNS 221 12TH STREET NEW CUMBERLAND, PA 17070-1608 GINA A. BURNS DCP,INMATE#81145 501 MALL RD HARRISBURG,PA 17111-1202 927814 0 TAR CUIIPBEENRNLSAYNLDVAr'N A pH ItiNTY Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 PENNYMAC MORTGAGE : Court of Common Pleas INVESTMENT TRUST HOLDINGS I, : LLC. : Civil Division Plaintiff CUMBERLAND County V. • No.13-5472 CIVIL JAMES D.BURNS GINA A.BURNS Defendant(s) PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P.,2352 TO THE PROTHONOTARY: Kindly substitute PENNYMAC HOLDINGS,LLC F/KIA PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, LLC as successor Plaintiff for the originally named Plaintiff. The material facts on which the right of succession and substitution are based as follows: "By the Certificate of Amendment of Pennymac Mortgage investment Trust Holdings I, LLC, changing its name from Pennymac mortgage investment trust holdings I, LLC to Pennymac Holdings, LLC." Kindly amend the information on the docket accordingly. Date: /7.,?//Cf By: C611/111 Adam H.Davis, Esq., Id. No.203034 Attorney for Plaintiff PH#927814 Oiv ‘4.1 et.S0 pa 05 ei— ) (4N P-P_ aYNS2 Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 PENNYMAC MORTGAGE : Court of Common Pleas INVESTMENT TRUST HOLDINGS I, : LLC. : Civil Division Plaintiff : CUMBERLAND County V. : No. 13-5472 CIVIL JAMES D.BURNS GINA A.BURNS Defendant(s) ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of PENNYMAC HOLDINGS, LLC F/K/A PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, LLC. Date: fan/if PHELAN HALLINAN,LLP By: .1-"eAst Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff PH#927814 Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 PENNYMAC MORTGAGE : Court of Common Pleas INVESTMENT TRUST HOLDINGS I, LLC. : Civil Division Plaintiff • CUMBERLAND County v. No. 13-5472 CIVIL JAMES D.BURNS • GINA A.BURNS Defendant(s) CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Plaintiffs Praecipe for Substitution of Party Plaintiff and Entry of Appearance were served by regular mail on the person(s) on the date listed below: JAMES D. BURNS 221 12TH STREET NEW CUMBERLAND, PA 17070-1608 GINA A. BURNS DCP,INMATE#81145,501 MALL RD HARRISBURG, PA 17111-1202 Date: // Y PHELAN HALLINAN,LLP By: Adam H. Davis,Esq., Id. No.203034 Attorney for Plaintiff 'J a RC 481©: 4 S PEN' 'SYC�ASIAd1.y Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 PENNYMAC MORTGAGE Court of Common Pleas INVESTMENT TRUST HOLDINGS I, LLC. Civil Division Plaintiff CUMBERLAND County V. No. 13-5472 CIVIL JAMES D. BURNS GINA A.BURNS Defendant(s) PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P.,2352 TO THE PROTHONOTARY: Kindly substitute PENNYMAC HOLDINGS, LLC F/K/A PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, LLC as successor Plaintiff for the originally named Plaintiff. The material facts on which the,right of succession and substitution are based as follows: "By the Certificate of Amendment of Pennymac Mortgage investment Trust Holdings I, LLC, changing its name from Pennymac mortgage investment trust holdings I, LLC to Pennymac Holdings, LLC." Kindly amend the information on the docket accordingly. Date: By: ,E��✓ Adam H. Davis, Esq., Id.No.203034 Attorney for Plaintiff PH# 927814 0� 3bI 3)(i v Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 PENNYMAC MORTGAGE Court of Common Pleas INVESTMENT TRUST HOLDINGS I, LLC. Civil Division Plaintiff CUMBERLAND County V. No. 13-5472 CIVIL JAMES D.BURNS GINA A.BURNS Defendant(s) ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of PENNYMAC HOLDINGS, LLC F/K/A PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, LLC. Date: / PHELAN HALLINAN, LLP By: G/'��'" —� Adam H. Davis,Esq., Id. No.203034 Attorney for Plaintiff PH# 927814 Phelan Hallinan,LLP Attorney For Plaintiff 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 PENNYMAC MORTGAGE Court of Common Pleas INVESTMENT TRUST HOLDINGS I, LLC. Civil Division Plaintiff CUMBERLAND County V. No. 13-5472 CIVIL JAMES D.BURNS GINA A. BURNS Defendant(s) CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Plaintiffs Praecipe for Substitution of Party Plaintiff and Entry of Appearance were served by regular mail on the person(s) on the date listed below: JAMES D. BURNS 221 12TH STREET NEW CUMBERLAND,PA 17070-1608 GINA A. BURNS DCP,INMATE#81145, 501 MALL RD HARRISBURG, PA 17111-1202 Date: PHELAN HALLINAN, LLP By: Adam H. Davis, Esq., Id.No.203034 Attorney for Plaintiff j L)1 + PHELAN HALLINAN, LLP ti + ' Attorney for Plaintiff Jonathan Lobb, Esq., Id. No.312174 E� f 1617 JFK Boulevard, Suite 1400 CUMFEf?LAND COUNT y One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 PENNYMAC HOLDINGS, LLC F/K/A : CUMBERLAND COUNTY PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, COURT OF COMMON PLEAS LLC : CIVIL DIVISION vs. : No. 13-5472 CIVIL JAMES D. BURNS GINA A. BURNS 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 JAMES D. BURNS and GINA A. BURNS, 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 $107,202.95 TOTAL $107,202.95 I hereby certify that (1) the Defendants' last known addresses are 221 12TH STREET, NEW CUMBERLAND, PA 17070-1608 and DCP, INMATE#81145, 501 MALL ROAD, HARRISBURG, PA 17111-1202, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date 27(2// Y Jor1han Lobb, Esq., Id. No.312174 Attorney isi-Plairkkiff _ r 5 DAMAGES ARE HEREBY ASSESSED AS INDICATED. t , DATE: Oily PH#927814 PROTHONOTARY Qw���I(Q.5�jdaN� 927814 Ck_#139 2.9 ao -2* 301109 1� )(1.61 ['Moto PHELAN HALLINAN, LLP Attorney for Plaintiff 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 PENNYMAC HOLDINGS,LLC F/K/A CUMBERLAND COUNTY PENNYMAC MORTGAGE INVESTMENT COURT OF COMMON PLEAS TRUST HOLDINGS I,LLC . CIVIL DIVISION vs. . No. 13-5472 CIVIL JAMES D. BURNS GINA A. BURNS 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)JAMES D. BURNS is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, as amended. (b) that defendant JAMES D. BURNS is over 18 years of age and resides at 221 12TH STREET, NEW CUMBERLAND, PA 17070-1608. (c) that the Plaintiff is without sufficient information to determine whether the defendant(s) GINA A. BURNS is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, as amended. (d) that defendant GINA A. BURNS is over 18 years of age and has last known addresses at DCP, INMATE#81145, 501 MALL ROAD, HARRISBURG, PA 17111-1202 and 221 12TH STREET, NEW CUMBERLAND, PA 17070-1608. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date 21/21/Y Phe allinan,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 927814 . Department of Defense Manpower Data Center Results as of:Feb-12-201402:55:40 AM SCRA 3.0 at Status Report iv. u� Pursuant to Servicemembers Civil Relief Act Last Name: BURNS First Name: JAMES Middle Name: D Active Duty Status As Of: Feb-12-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals'active duty status based on the Active Duty.Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date ' Active Duty End Date Status Service Component, NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA " No. NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Yheult, : Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 (Rule of Civil Procedure No. 236) - Revised PENNYMAC HOLDINGS, LLC F/K/A : CUMBERLAND COUNTY PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, : COURT OF COMMON PLEAS LLC vs. : CIVIL DIVISION JAMES D. BURNS : No. 13-5472 CIVIL GINA A. BURNS Notice is given that a Judgment in the above captioned matter has been entered against you on Ait4114 1 } F � i By: If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** 927814 • PENNYMAC HOLDINGS, LLC F/K/A COURT OF COMMON PLEAS PENNYMAC MORTGAGE INVESTMENT TRUST CIVIL DIVISION • HOLDINGS I,LLC • • Plaintiff • NO. 13-5472 CIVIL v JAMES D.BURNS • CUMBERLAND COUNTY GINA A.BURNS . Defendant(s) TO: JAMES D. BURNS • • • 221 12TH STREET NEW CUMBERLAND,PA 17070-1 08 • DATE OF NOTICE: / � ! 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 YOIJ ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. ' YOU SHOULD TAKE THIS-PAPER TO YOUR LAWYER AT ONCE: IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.; IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary. CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 ,,�- CARLISLE,PA 17013 " (717)249-3 166 By Emily M.Phelan, Esq., Id. No.315250 Attorney for Plaintiff Phelan Hallman. LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 P114 927814 • PENNYMAC HOLDINGS,LLC F/K/A COURT OF COMMON PLEAS PENNYMAC MORTGAGE INVESTMENT TRUST CIVIL DIVISION • . HOLDINGS I,LLC . Plaintiff •' •• NO: 13-5472 CIVIL •• .v. JAMES D.BURNS CUMBERLAND.COUNTY. . GINA A.BURNS , Defendant(s) ,TO: GINA A.BURNS. . . • .. . , . . • . DCP,INMATE#81145 - . : 501 MALL ROAD . ' " HARRISBURG,PA 17111-12)2 . . DATE OF NOTICE: 3 f,(t THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE .IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE. INDEBTEDNESS REFERRED TO " ` HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER . IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT ' HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE . . CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING.A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013` f (717)249-3166 By: til 1 Emily M I'I ian, Esq., Id. No.315250 Attorney for Plaintiff Phelan Hallman,I..LP 16)7 1 FK Boulevard, Suite 1400 One Penn Center Pinta Philadelphia, PA 19103 P11#927814 PENNYMAC HOLDINGS,LLC F/KJA COURT OF COMMON PLEAS PENNYMAC MORTGAGE INVESTMENT TRUST CIVIL DIVISION HOLDINGS I,LLC .Plaintiff NO. 13-5472 CIVIL v. • JAMES D.BURNS . CUMBERLAND COUNTY GINA A.BURNS Defendant(s) TO: GINA A. BURNS, 221 12TH STREET ... . • • . . •NEW CI IMIBERLAND, PA 17070-1608 • . • • DATE OF NOTICE: )/ /f/ • THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT.. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO • • HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT ' PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 'YOU. SHOULD TAKE THIS •PAPER•TO YOUR LAWYER AT ONCE. IF'YOU DO NOT ° HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE° CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. • IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle,PA 17013 2 LIBERTY AVENUE (717)240-6195 CARLISLE,PA 17013 / (717)249-3166 Bv. v f Emily M. Phelan, Esq., Id. No.315250 Attorney for Plaintiff Phelan I[allinan,LLP 1017 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 PH#927814 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 PENNYMAC HOLDINGS,LLC F/K/A PENNYMAC MORTGAGE COURT OF COMMON PLEAS INVESTMENT TRUST HOLDINGS I,LLC Plaintiff CIVIL DIVISION V. NO.: 13-5472 CIVIL JAMES D. BURNS GINA A.BURNS CUMBERLAND COUNTY Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due $107,202.95 Interest from 02/14/2014 to Date of Sale $1,955.82 ($17.62 per diem) TOTAL $109,158.77 C= M 1 �• : 7JI/�-- rl Ph n Hallinan,LLP `rz -- Jonathan Lobb,Esq.,Id.No.312174 -� Attorney for Plaintiffs >> Note: Please attach description of property. tv PH#927814 00A ,�gp,5b d a, # ►�aa D Yob tie CD P a y nz � lx a V z C) 0 n z r o z zo z y �c 0 z N N ^y CrJ N > n Cx r„ ZY CxC7 E � m CyMkz rm -o C C; v cn Z � > _ Z � Co cu y 71 tQ H 2 � O z LEGAL DESCRIPTION ALL THAT CERTAIN lot,piece or parcel of land,with the buildings and improvements thereon erected, situate,lying and being in the BOROUGH OF NEW CUMBERLAND,County of.CUMBERLAND and Commonwealth of Pennsylvania, as follows: BEGINNING at a point,the northwest corner of Twelfth(formerly Washington) and Martin Streets,as shown on Plan of Martin's Addition to the Borough of New Cumberland; thence northwardly,along the western line of Martin Street, one hundred thirty-five(135)feet to a fifteen (15)feet wide alley;thence westwardly along the same,thirty-six(36)feet to a point,thence southwardly on line parallel with Martin Street,one hundred thirty-five(135)feet to Twelfth Street;thence eastwardly,along Twelfth Street,thirty-six (36)feet to the place of BEGINNING. BEING Lot No. 59 and eastern six (6)feet of Lot No. 60 as shown as Plan of Lots of The Willetts I.-Ieirs, recorded in the Cumberland County Recorder's Office in Plan Book 2,page 24. TITLE TO SAID PREMISES IS VESTED.IN'James D. Burns and Gina A. Burns,h/w, by Deed fr6m Gina A. Murphy,nka Gina A. Burns and Angela Alfano, dated 05/14/2007, recorded 05/29/2007 in Book 280, Page 815. PREMISES BEING: 22112TH STREET,NEW CUMBERLAND,PA 17070-1608 PARCEL NO.26-23-0541-245 r.. . - `i ; Attorneys for Plaintiff PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 HiONO VAR 1617 JFK Boulevard, Suite 1400 2014 FEB 14 One Penn Center Plazas 1 Philadelphia, PA 19103 CUMBERLAND COUNT;' Jonathan.Lobb @phelanhallinan.com PENNSYLVANIA 215-563-7000 PENNYMAC HOLDINGS, LLC F/K/A PENNYMAC MORTGAGE COURT OF COMMON PLEAS INVESTMENT'TRUST HOLDINGS I, LLC Plaintiff CIVIL DIVISION V. NO.: 13-5472 CIVIL JAMES D. BURNS GINA A. BURNS CUMBERLAND COUNTY Defendant(s) CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91. because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1 1.97, 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. Of By: Phel allinan,LLP Jonathan Lobb,Esq.,Id. No.3'12174 Attorney for Plaintiff a-- PENNYMAC HOLDINGS, LLC F/K/A PENNYMAC COURT OF COMMON PLEAS MORTGAGE INVESTMENT TRUST HOLDINGS I, LLC Plaintiff CIVIL DIVISION V. NO.: 13-5472 CIVIL JAMES D. BURNS GINA A. BURNS CUMBERLAND COUNTY Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 PENNYMAC HOLDINGS,LLC F/K/A PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I,LLC, 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 221 12TH STREET,NEW CUMBERLAND,PA 17070-1608. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) JAMES D.BURNS 221 12TH STREET NEW CUMBERLAND,PA 17070-1608 GINA A.BURNS 221 12TH STREET w NEW CUMBERLAND,PA 17070-1.608 -� DCP,INMATE#81145,501 MALL ROAD r j HARRISBURG,PA 17111-1202 2. Name and address of Defendant(s)in the judgment: t:�CD A Name Address(if address cannot be reasonably ascertained,please so indicate) C ifi .TAMES D.BURNS 22112TH STREET NEW CUMBERLAND,PA 17070-1608 GINA A.BURNS 221 12TH STREET NEW CUMBERLAND,PA 17070-1608 DCP,INMATE#81145,501.MALL ROAD HARRISBURG,PA 17111-1202 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. PH#92781.4 J iv 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 221 12TH STREET NEW CUMBERLAND,PA 17070-1608 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 280601 INHERITANCE TAX DIVISION HARRISBURG,PA 17128 DEPARTMENT OF PUBLIC WELFARE,TPL P.O.BOX 8486 CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG,PA 17105 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 1.8 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: �Y By: A—�I� t 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 PH#92781.4 PENNYMAC HOLDINGS, LLC F/K/A PENNYMAC COURT OF COMMON PLEAS MORTGAGE INVESTMENT TRUST HOLDINGS I,LLC : CIVIL DIVISION Plaintiff : : NO.: 13-5472 CIVIL VS. JAMES D. BURNS CUMBERLAND' ' UP�Y GINA A. BURNS " Defendant(s) �-<-<C:) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY CID TO: JAMES D. BURNS GINA A. BURNS GINA A. BURNS DCP, INMATE#81145, 501 MALL ROAD 221 12TH STREET HARRISBURG, PA 17111-1202 NEW CUMBERLAND, PA 17070-1608 **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 221 12TH STREET,NEW CUMBERLAND,PA 17070-1608 is scheduled to be sold at the Sheriff's Sale on 06/04/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street,Carlisle,PA 17013 to enforce the court judgment of$107,202.95 obtained by PENNYMAC HOLDINGS,LLC F/K/A PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I,LLC (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 i SHORT DESCRIPTION By virtue of a Writ of Execution No. 13-5472 CIVIL PENNYMAC HOLDINGS, LLC F/K/A PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I,LLC V. JAMES D. BURNS GINA A. BURNS owner(s) of property situate in NEW CUMBERLAND BOROUGH, CUMBERLAND County, Pennsylvania, being 22112TH STREET, NEW CUMBERLAND,PA 17070-1608 Parcel No. 26-23-0541-245 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $107,202.95 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN lot,piece or parcel of land, with the buildings and improvements thereon erected, situate,lying and being in the BOROUGH OF NEW CUMBERLAND,County of CUMBERLAND and Commonwealth of Pennsylvania,as follows: BEGINNING at a point,the northwest corner of Twelfth(formerly Washington)and Martin Streets,as shown on Plan of Martin's Addition to the Borough of New Cumberland;thence northwardly,along the western line of Martin Street,one hundred thirty-five(135)feet to a fifteen(15)feet wide alley;thence westwardly along the same,thirty-six(36)feet to a point,thence southwardly on line parallel with Martin Street,one hundred thirty-five(135)feet to Twelfth Street;thence eastwardly,along Twelfth Street,thirty-six (36)feet to the place of BEGINNING. BEING Lot No. 59 and eastern six(6)feet of Lot No. 60 as shown as Plan of Lots of The Willetts Heirs, recorded in the Cumberland County Recorder's Office in Plan Book 2,page 24. TITLE TO SAID PREMISES IS VESTED IN James D. Burns and Gina A. Burns, h/w, by Deed from Gina A. Murphy, nka Gina A. Burns and Angela Alfano, dated 05/14/2007, recorded 05/29/2007 in Book 280, Page 815. PREMISES BEING: 22112TH STREET,NEW CUMBERLAND,PA 17070-1608 PARCEL NO. 26-23-0541-245 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-5472 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due PENNYMAC HOLDINGS,LLC F/K/A PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I,LLC Plaintiff(s) From JAMES D.BURNS,GINA A.BURNS (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: $107,202.95 L.L.: $.50 Interest FROM 2/14/2014 TO DATE OF SALE($17.62 PER DIEM)-$1,955.82 Atty's Comm: Due Prothy: $2.25 Atty Paid: $255.96 Other Costs: Plaintiff Paid: Date: 2/14/2014 David D. Buell,Prothonot h (Seal) Depute' 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 PHELAN HALLINAN, LLP John Michael Kolesnik, Esq., Id. No 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 John.Kolesnik@phelanhallinan.com 215-563-7000 persA ii .. 7 " A ttMrney for Plaintiff .308R! 1BE RLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, LLC. Plaintiff, v. JAMES D. BURNS GINA A. BURNS Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: 13-5472 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached h • : ibit "A". Date: Joh .i . ichael Kolesnik, Esq., Id. No.308877 torney 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 # 927814 li fl 0 Name and Phelan Hallinan, LLPGid Address 1617 JFK Boulevard, ' uite 14I t 2 Of Sender One Penn. Center Plaza •' Philadelphia, PA 1910 AZK/CET - 06/04/2014 SALE i 8.0 CI CI Line Article Number Name of Addressee, S " et, an. Post Office Address Postage 1 **** TENANT/OCCUPAN 22112TH STREET NEW CUMBERL a PA 17l r 0-1608 $0.47 o at 2 **** Commonwealth of Pen ylvani Bureau of Individual Taxes Inheritance Tax Division 6th Floor, Strawberry ' , . Dept 280601 Harrisburg, PA 17128 $0.47a? sit: n'N Np .i. 3 **** Department of Public (fare, . L Casualty Unit, Estate Recovery Program P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 $0.47 e +Y a '..• 4 **** Domestic Relations of • Cumberland County 13 North Hanover Street Carlisle, PA 17013 $0.47 4. ; r;"----.* f‘- oti 5 **** Commonwealth of Pennsyl : nia Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 .$0.47 N. -<: - 6 **** Internal Revenue Service A visory 1000 Liberty Avenue Room 04 Pittsburgh, PA 15222 $0.47 7 **** U.S. Department of Justice US. Attorney for the Middle ► istrict if PA Federal. Building 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 $0.47 „i ! t it: u M 1 , ; Total Number of Pieces listed by Sender Taal Number of Pieces` Received at Pat Office Post ter, Per (N me of Rccei ng Emplo •) The full declaration of value, is required on slfdomestic and tntemational registered mail. The maximum indemnity payable for the reconstruction of nonnegotiable documents ender Express Mail document rceonstruetion insurance is 550.000 per piece subject to a limit of 5500.000 per occurrence. The maximum indemnity payable on Express Mail merchandise is 5500. The maximum indemnity payable is 525.000 forregistetxd mail. sent with optional insurance. See domestic Mail Manual R900 5913 and S921 for limitations Of coverage. - Form 3877 Facsimile 0 N 0 a rn w 0 0 0 ur THE PRO THONO TAR ?Oh JUN -1 MI 10; 02 CUMBERL AND COUNTY PENNSYLVANIA • PHELAN HALLINAN, LLP Emily M. Phelan, Esq., Id. No.315250 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 emily.phelan@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, LLC. Plaintiff, v. : CIVIL DIVISION JAMES D. BURNS GINA A. BURNS Defendant(s) Attorney for Plaintiff : No.: 13-5472 CIVIL NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriff's Sale scheduled for 06/04/2014 at 10:00 AM in the above -captioned matter has been continued until 08/06/2014 at 10:00 AM. Date: PH # 927814 Emily M. Phelan, Esq., Id. No.315250 Attorney for Plaintiff GINA A. BURNS 221 12TH STREET NEW CUMBERLAND, PA 17070-1608 Date: PH # 927814 6P-1 4-( GINA A. BURNS PO BOX 358 NEW CUMBERLAND, PA 17070-0358 Emily M. Phelan, Esq., Id. No.315250 Attorney for. Plaintiff PHELAN HALLINAN, LLP Emily M. Phelan, Esq., Id. No.315250 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 emily.phelan@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, LLC. Plaintiff, v. JAMES D. BURNS GINA A. BURNS Defendant(s) Attorney for Plaintiff : CIVIL DIVISION : No.: 13-5472 CIVIL CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Notice of the Date of Continued Sheriff's Sale and Certificate of Filing were served by regular mail on the person(s) on the date listed below: JAMES D. BURNS 221 12TH STREET NEW CUMBERLAND, PA 17070-1608 PH#927814 GINA A. BURNS DCP, INMATE #81145, 501 MALL ROAD HARRISBURG, PA 17111-1202 FILE' Ma_ OF THE PROTHONOTAtO 2011i AUG - 1 AH10: 9 CUMBERLAND COUNTY PENNSYLVANIA PHELAN HALLLNAN, 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 PENNYMAC HOLDINGS, LLC F/K/A PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, LLC : CIVIL DIVISION Plaintiff, : No.: 13-5472 CIVIL V. JAMES D. BURNS GINA A. BURNS Defendant(s) NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriffs Sale scheduled for 08/06/2014 at 10:00 AM in the above -captioned matter has been continued until 09/03/2014 at 10:00 AM. Date: PH # 927814 Jonatfh 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 Attorney for Plaintiff PENNYMAC HOLDINGS, LLC F/K/A PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, LLC : CIVIL DIVISION Plaintiff, v. JAMES D. BURNS GINA A. BURNS Defendant(s) CERTIFICATION OF SERVICE : No.: 13-5472 CIVIL 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: JAMES D. BURNS 221 12TH STREET NEW CUMBERLAND, PA 17070-1608 GINA A. BURNS 221 12TH STREET NEW CUMBERLAND, PA 17070-1608 Date: PH # 927814 GINA A. BURNS DCP, INMATE #81145, 501 MALL ROAD HARRISBURG, PA 17111-1202 GINA A. BURNS PO BOX 358 NEW CUMBERLAND, PA 17070-0358 Jonatfi Lobb, Esq., Id. No.312174 Attorney for Plaintiff Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 PENNYMAC HOLDINGS, LLC F/K/A PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, LLC Plaintiff v. JAMES D. BURNS GINA A. BURNS Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County c) No.: 13-5472 r �n� , PLAINTIFF'S MOTION TO REASSESS DAMAGES :r/ Co) 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 September 18, 2013. 2. Judgment was entered on February 14, 2014 in the amount of $107,202.95. 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. 927814 1 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through July 21, 2014 Legal fees Cost of Suit and Title Escrow Deficit $99,610.50 $15,910.27 $2,925.00 $1,264.49 $2,259.25 TOTAL $121,969.51 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on August 12, 2014 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) is 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 December 17, 2013. 927814 2 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: 81-/V1("( By: Phelan Hallinan, LLP Jo at M. Etkowicz, Esquire ORNEY FOR PLAINTIFF 3 927814 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 PENNYMAC HOLDINGS, LLC F/K/A PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, LLC Plaintiff v. JAMES D. BURNS GINA A. BURNS Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13-5472 CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE JAMES D. BURNS 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 221 12TH STREET, NEW CUMBERLAND, PA 17070-1608. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 927814 1 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. 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 927814 2 Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct 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 Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have 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 927814 3 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff's Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 927814 4 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 Plaintiffs recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 927814 5 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 Sheriff's 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. 927814 6 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 927814 7 part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiffs Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: By: Phelan iikan, LLP 4' Jonathan Attorney 8 owicz, Esquire laintiff 927814 Exhibit "A" ar OF THE PROTHONOTAR;I" PHELAN HALLINAN, LLP 2014 FEB 114 AH II: 26 Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 144UMBERLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 Attorney for Plaintiff PENNYMAC HOLDINGS, LLC F/K/A : ERLAND COUNTY PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I,, ' \ RT OF COMMON PLEAS LLC {. -, `\-) : CIVIL DIVISION ''� vs. JAMES D. BURNS GINA A. BURNS PRAECIPE FOR IN ANSWER TO THE PROTHONOTARY: Q\ : No. 13-5472 CIVIL FOR FAILURE TO NT OF DAMAGES Kindly enter judgment in favor of the Plaintiff and against JAMES D. BURNS and • GINA A. BURNS, 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 . I hereby certify that (1) the Defen NEW CUMBERLANn IARKISBURG, PA 17111-1202, and ( ) th Pa.R.C.P 237.1. X47,202.95 CA 07,202.95 Date 21/2/1V are 221 12TH STREET, ATE #81145, 501 MALL ROAD, ce has been given in accordance with Rule Jo/ an Lobb, Esq., Id. No.312174 Attorney for Plaintiff 3 DAMAGES ARE HEREBY ASSESSED AS INDICATED. PH # 927814 PR DATE: 927814 Exhibit "B" 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 August 6, 2014 JAMES D. BURNS 221 12TH STREET NEW CUMBERLAND, PA 17070-1608 GINA A. BURNS DCP, INMATE #81145 501 MALL ROAD HARRISBURG, PA 17111-1202 RE: PENNYMAC HOLDINGS, LLC F/K/A PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, LLC v. JAMES D. BURNS and GINA A. BURNS Premises Address: 221 12TH STREET NEW CUMBERLAND, PA 17070 CUMBERLAND County CCP, No. 13-5472 CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 8/11/2014. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Iy yours, Jonas us Etkowicz, Esq., Id. No.208786 Atior y for Plaintiff Endo, Ire 927814 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 ATTORNEY FOR PLAINTIFF PENNYMAC HOLDINGS, LLC F/K/A Court of Common Pleas PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, LLC Civil Division Plaintiff CUMBERLAND County v. No.: 13-5472 CIVIL JAMES D. BURNS GINA A. BURNS Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. JAMES D. BURNS GINA A. BURNS 221 12TH STREET NEW CUMBERLAND, PA 17070-1608 GINA A. BURNS DCP, INMATE #81145 501 MALL ROAD HARRISBURG, PA 17111-1202 DATE: 2 b By: JAMES D. BURNS GINA A. BURNS 461 EAST MARKET STREET WILLIAMSTOWN, PA 17098-1541 GINA A. BURNS PO BOX 358 NEW CUMBERLAND, PA 17070-0358 Phel . ` . linan, LLP Jonath Etkowicz, Esquire ATTO " FOR PLAINTIFF 927814 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PENNYMAC HOLDINGS, LLC F/K/A PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, LLC Plaintiff v. JAMES D. BURNS GINA A. BURNS Defendants RULE Court of Common Pleas Civil Division CUMBERLAND County No.: 13-5472 CIVIL AND NOW, this / .S day of A.7I u, 2014, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. 1..er-a t ES !&' tt+cl) Y J Jv.eks..1.4 iUS G1 ..3wu gpsAyo sir) e.) C) 927814 Jonathan M. Etkowicz, Esq., Id. No.208786 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 JAMES D. BURNS GINA A. BURNS 221 12TH STREET NEW CUMBERLAND, PA 17070-1608 GINA A. BURNS DCP, INMATE #81145 501 MALL ROAD HARRISBURG, PA 17111-1202 JAMES D. BURNS GINA A. BURNS 461 EAST MARKET STREET WILLIAMSTOWN, PA 17098-1541 GINA A. BURNS PO BOX 358 NEW CUMBERLAND, PA 17070-0358 927814 927814 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 PENNYMAC HOLDINGS, LLC F/K/A PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, LLC Plaintiff v. JAMES D. BURNS GINA A. BURNS Attorney for Plaintiff F, .HEP PRO (J-7ONO , 2014 AUG !'r�^��� 20 ItH1 : 01 CUMBERLAND PENNSYLVANIA T , : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 13-5472 CIVIL : CUMBERLAND COUNTY Defendants MOTION FOR POSTPONEMENT OF SHERIFF'S SALE Plaintiff, by its counsel, Phelan Hallinan, LLP, petitions this Honorable Court for a postponement of its Sheriffs Sale scheduled in the above captioned matter and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property known as 221 12TH STREET, NEW CUMBERLAND, PA 17070-1608 involved herein has been scheduled for September 3, 2014. 2. Plaintiff has been unable to have the Notice of Sale served upon the Defendants at least thirty days prior to the sale, as required by Pennsylvania Rule of Civil Procedure 3129.2. 3. A two month postponement of the Sheriffs Sale will allow Plaintiff a sufficient amount of time to have the notice of Sheriffs Sale served upon the Defendants. 4. A brief postponement of the Sheriffs Sale will not prejudice Defendants and will, in fact, inure to their benefit. PH # 927814 5. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff attempted to obtain concurrence regarding its Motion to Postpone Sheriffs Sale. Plaintiffs counsel attempted to reach Defendants via telephone on August 19, 2014 at (717) 576-9518 and left a voice message. Defendants have not responded. 6. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin A. Hess entered an order to remove this file from the Cumberland County Residential Mortgage Foreclosure Diversion Program dated December 17,2013. WHEREFORE, Plaintiff respectfully requests that the Sheriff's Sale of the mortgaged premises be continued to November 5, 2014. Date: August 19, 2014 PH#927814 Phelan Hallinan, LLP By: Jonath." obb, 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 PENNYMAC HOLDINGS, LLC F/K/A PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, LLC Plaintiff v. JAMES D. BURNS GINA A. BURNS Attorney for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 13-5472 CIVIL : CUMBERLAND COUNTY Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO POSTPONE SHERIFF'S SALE Pursuant to Pennsylvania Rule of Civil Procedure 3129.2, it is necessary in a foreclosure action for the notice of sale to be served upon the Defendants. If the Defendants whereabouts are unknown, a reasonable investigation of the whereabouts must be made and a petition filed with the Court seeking alternative service of the notice of sale. Pa. R.C.P. 3129.2 (c) provides in part: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by rule 3129.1. 1. Service of the notice shall be made (i) upon a defendant in the judgment who has not entered an appearance and upon the owner of the property by the sheriff or by a competent adult in the manner PH # 927814 prescribed by Rule 402(a) for the service of original process upon a defendant, or by the plaintiff mailing a copy in the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or if service cannot be made as provided in subparagraph (A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court... Plaintiff has been unable to complete service of the notice within the time required by the rules and as a result, a continuation is necessary. WHEREFORE, Plaintiff respectfully requests a two month continuance of the Sheriffs Sale of the mortgaged premises to the November 5, 2014 Sheriffs Sale. Phelan Hallinan, LLP Date: August 19, 2014 PH # 927814 By: Jonatha, "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 PENNYMAC HOLDINGS, LLC F/K/A PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, LLC Plaintiff v. JAMES D. BURNS GINA A. BURNS Defendants Attorney for Plaintiff : COURT OF COMMON PLEAS • : CIVIL DIVISION : NO. 13-5472 CIVIL : CUMBERLAND COUNTY CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the Motion to Postpone Sheriff's Sale relative to the above matter and Memorandum of Law have been sent via first class mail to the individuals indicated below on August 19, 2014. JAMES D. BURNS 221 12TH STREET NEW CUMBERLAND, PA 17070-1608 Date: August 19, 2014 By: Jonath., Lobb, Esq., Id. No.312174 Attorney for Plaintiff PH#927814 GINA A. BURNS DCP, INMATE #81145, 501 MALL ROAD HARRISBURG, PA 17111-1202 Phelan Hallinan, LLP PENNYMAC HOLDINGS, LLC F/KJA PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, LLC Plaintiff v. JAMES D. BURNS GINA A. BURNS Defendants : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 13-5472 CIVIL : CUMBERLAND COUNTY ORDER AND NOW, this .2 / day of Arm'' 2014, after consideration of Plaintiff's Motion to Postpone Sheriff's Sale of the mortgaged property, it is hereby ORDERED that the sale of 221 12TH STREET, NEW CUMBERLAND, PA 17070- 1608 is postponed two months to the Sheriff's Sale scheduled for November 5, 2014. No further advertising or additional notice to lienholders or Defendants is required. However, the Sheriff is directed to announce the continuation to the assembled bidders and Plaintiff is to forward a copy of this Order to Defendants via first class mail. BY THE COURT: PH # 927814 DISTRIBUTION LEGEND JOSEPH SCHALK, ESQUIRE ATTORNEY LD. NO. 91656 Phelan Hallinan, LLP 126 LOCUST STREET HARRISBURG, PA 17101 TEL: (215) 563-7000 FAX: (215) 563-8656 Joseph.Schalk@fedphe.com JAMES D. BURNS GINA A. BURNS 221 12TH STREET NEW CUMBERLAND, PA 17070-1608 eoples PH # 927814 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 $ ATT kNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 �, $ �-19: �- y One Penn Center Plaza 8ERL A ND Philadelphia, pE,' SYLV O(.1P-"T,7, p PA 19103 A Jonathan.Lobb@phelanhallinan.com 215-563-7000 PENNYMAC HOLDINGS, LLC F/K/A Court of Common Pleas PENNYMAC MORTGAGE INVESTMENT : TRUST HOLDINGS I, LLC Civil Division Plaintiff CUMBERLAND County vs. No.: 13-5472 CIVIL JAMES D. BURNS GINA A. BURNS Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's August 15, 2014 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on,the date indicated below. JAMES D. BURNS JAMES D. BURNS GINA A. BURNS GINA A. BURNS 221 12TH STREET 461 EAST MARKET STREET NEW CUMBERLAND, PA 17070-1608 WILLIAMSTOWN, PA 17098-1541 GINA A. BURNS GINA A. BURNS DCP, INMATE#81145 PO BOX 358 501 MALL ROAD NEW CUMBERLAND, PA 17070-0358 HARRISBURG, PA 17111-1202 Phelan Hallinan, LLP DATE: By. Jo,9 pt an Lobb, Esq., Id. No.312174 Attorney for Plaintiff 927814 HLED-OFFIC: Phelan Hallinan, LLP OF THE PROTH0HOTAR Jonathan Lobb, Esq., Id. No.31217101 SEP 1 1 10: GATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza CUMBERLAND COUNTY Philadelphia, PA 19103 PENNSYLVANIA Jonathan.Lobb@phelanhallinan.com 215-563-7000 PENNYMAC HOLDINGS, LLC F/K/A PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, LLC Plaintiff vs. JAMES D. BURNS GINA A. BURNS Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 13-5472 CIVIL MOTION TO MAKE RULE ABSOLUTE PENNYMAC HOLDINGS, LLC F/K/A PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, LLC, 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 August 13, 2014. 2. A Rule was issued by the Honorable Kevin A. Hess on or about August 15, 2014 directing the Defendants to show cause by September 4, 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 August 27, 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. Defendants failed to respond or otherwise plead by the Rule Returnable date of September 4, 2014. 927814 2 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs Motion to Reassess Damages. DATE: //1 //Y Phelan Hallinan, By: 440r Jo ./'anLobb, Esq., Id. No.312174 Attorney for Plaintiff LP 3 927814 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PENNYMAC HOLDINGS, LLC F/KIA PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, LLC Plaintiff v, JAMES D. BURNS GINA A. BURNS Defendants AND NOW, this % _.... day of RULE Court of Common Pleas Civil Division CUMBERLAND County No.: 13-5472 CIVIL 2014, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT 927814 Exhibit "B" 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 i ''./ilttic,-P2I`erj.Ti.'111(::;;:11A51:170,RNY FOR FLA.; CUMBERLAND COUN7Y PENNS YLVA NiA PENNYMAC HOLDINGS, LLC F/KIA PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, LLC Plaintiff VS, JAMES D. BURNS GINA A. BURNS TIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13-5472 CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's August 15, 2014 Rule v the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. JAMES D. BURNS GINA A. BURNS 221 12TH STREET NEW CUMBERLAND, PA 17070-1608 GINA A. BURNS DCP, INMATE #81145 501 MALL ROAD HARRISBURG, PA 17111-1202 DATE: By: JAMES D. BURNS GINA A. BURNS 461 EAST MARKET STREET WILLIAMSTOWN, PA 17098-1541 GINA A. BURNS PO BOX 358 NEW CUMBERLAND, PA 17070-0358 Phelan Hallinan, LLP Jo Lobb, Esq., Id. No.312174 Attorney for Plaintiff 927814 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 PENNYMAC HOLDINGS, LLC F/K/A PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, LLC Plaintiff vs. JAMES D. BURNS GINA A. BURNS ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13-5472 CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. JAMES D. BURNS GINA A. BURNS 221 12TH STREET NEW CUMBERLAND, PA 17070-1608 GINA A. BURNS DCP, INMATE #81145 501 MALL ROAD HARRISBURG, PA 17111-1202 DATE: GI bob/ By: Jo JAMES D. BURNS GINA A. BURNS 461 EAST MARKET STREET WILLIAMSTOWN, PA 17098-1541 GINA A. BURNS PO BOX 358 NEW CUMBERLAND, PA 17070-0358 Phelan Hallinan, LLP an Lobb, Esq., Id. No.312174 Attorney for Plaintiff 927814 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PENNYMAC HOLDINGS, LLC F/K/A PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, LLC Plaintiff vs. JAMES D. BURNS GINA A. BURNS Defendants Court of Common Pleas Civil Division CUMBERLAND County-) -0 a Cri r -r1 cn r- < c-) No.: 13-5472 CIVIL ORDER AND NOW, this /4. day of Cy , 2014, upon consideration of Plaintiff s —11 —4 (.11 Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and 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 tunc as follows: Principal Balance Interest Through July 21, 2014 Legal fees Cost of Suit and Title Escrow Deficit TOTAL Plus interest at six percent per annum. $99,610.50 $15,910.27 $2,925.00 $1,264.49 $2,259.25 $121,969.51 Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. p7.2a.aecC J Qi -.0W—L.)4S 9 927814 PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 Michael.Dingerdissen@phelanhallinan.com 215-563-7000 PENNYMAC HOLDINGS, LLC F/K/A PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, LLC v. JAMES D. BURNS GINA A. BURNS Plaintiff Defendants �^�;�;,� PR,OT }O 77 U "i,�PENNSYLVANIA CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 13-5472 CIVIL MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan, LLP, petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above -captioned Defendant, GINA A. BURNS, by certified mail and regular mail at 221 12TH STREET, NEW CUMBERLAND, PA 17070-1608 and posting 221 12TH STREET, NEW CUMBERLAND, PA 17070-1608 and publication pursuant to PA.R.C.P. 3129.2 (D) and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for November 5, 2014. 2. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) 3129.2 requires that the Defendants be served with a notification of Sheriffs Sale at least thirty (30) days prior to the scheduled sale date. 3. Attempts to serve Defendant, GINA A. BURNS, with the Notice of Sale at the mortgaged premises, 221 12TH STREET, NEW CUMBERLAND, PA 17070- 1608, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". The mortgage premises is vacant. 4. Attempts to serve Defendant, GINA A. BURNS, with the Notice of Sale at 461 EAT MARKET STREET, WILLIAMSTOWN, PA 17098, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". The defendant does not reside at this address. 5. Attempts to serve Defendant, GINA A. BURNS, with the Notice of Sale at DCP, INMATE#81145, 501 MALL ROAD, HARRISBURG, PA 17111, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". The defendant does not reside at this address. 6. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendants. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". 7. Plaintiff contacted the Prothontary's Office and as of September 12, 2014, no Judge has previously entered a ruling in this case. 8. In accordance with CUMBERLAND County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendants on September 15, 2014 and requested Defendants' concurrence. Plaintiff did not receive any written response from the Defendants. A true and correct copy of Plaintiffs September 15, 2014 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 9. Plaintiff submits that it has made a good faith effort to locate the Defendant, GINA A. BURNS, but has been unable to do so. 10. Plaintiff has reviewed its internal records and has not been contacted by the Defendants as of September 12, 2014 to bring loan current. WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale upon Defendant in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to GINA A. BURNS at 221 12TH STREET, NEW CUMBERLAND, PA 17070-1608 and posting 221 12TH STREET, NEW CUMBERLAND, PA 17070-1608 and by publication. Phelan Hallinan, LLP DATE: ID.14/ I9 By: Michael Df 1igd'rdissen, Esquire Bar ID No: 317124 Attorney for Plaintiff PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 Michael.Dingerdissen@phelanhallinan.com 215-563-7000 PENNYMAC HOLDINGS, LLC F/K/A PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, LLC v. JAMES D. BURNS GINA A. BURNS Plaintiff Defendants CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 13-5472 CIVIL PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendants Notice of the Sale of the mortgaged premises. Specifically, Pa.R.C.P. Rule 3129.2(c) provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402(a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy in the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if service cannot be made as provided in subparagraph (A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendant, GINA A. BURNS, is unknown, a reasonable investigation of their last known address was made in accordance with Pa.R.C.P. 430(a). Pennsylvania Rule of Civil Procedure Rule 430(a) provides as follows: (a) If service cannot be made under the applicable rule the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A sheriff's return of "not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales v. Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a "good faith effort" to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends, and employers of the defendant, and (3) examinations of local telephone directories, voter registration records, local tax records and motor vehicle records. As indicated by the return of service, hereto as Exhibit "A", the process server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendants has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B". WHEREFORE, Plaintiff respectfully requests the allowance of service of the Notice of Sale upon Defendants in accordance with Pa.R.C.P. Rule 430 by certified and regular mail to GINA A. BURNS at 221 12TH STREET, NEW CUMBERLAND, PA 17070-1608 and posting 221 12TH STREET, NEW CUMBERLAND, PA 17070-1608 and by publication pursuant to PA.R.C.P. 3129.2. DATE: q7111/1i--- Phelan Hallinan, L P ( By: T Michael Difigdissen, Esquire Bar ID No: 317124 Attorney for Plaintiff PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 Michael.Dingerdissen@phelanhallinan.com 215-563-7000 PENNYMAC HOLDINGS, LLC F/KJA PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, LLC Plaintiff v. JAMES D. BURNS GINA A. BURNS Defendants CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 13-5472 CIVIL CERTIFICATE OF SERVICE I hereby certify that true and correct copies of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification of Service and Exhibits in the above captioned matter were sent by first class mail, postage prepaid to the following interested parties on the date indicated below. JAMES D. BURNS 221 12TH STREET NEW CUMBERLAND, PA 17070-1608 GINA A. BURNS 221 12TH STREET NEW CUMBERLAND, PA 17070-1608 DATE: q(Tfillf Phelan Hallinan, LLP By: Mi • ae L' n=erdissen, Esquire Bar ID No: 317124 Attorney for Plaintiff EXHIBIT "A" AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, .LLC, PH # 927814 DEFENDANT JAMES D. BURNS GINA A. BURNS SERVE GINA A. BURNS AT: 221 12TH STREET NEW CUMBERLAND, PA 17070-1608 SERVICE TEAM/ WI COURT NO.: 1.3.5472 CIVIL TYPE OF ACTION XX Notice of Sheriff's Sale SALE DA'Z'E: ,lune 4, 2014 SERVED Served and made known to GINA A. BURNS, Defendant on the day of:,,u .._,;,w �e, , ,, 20 at o'clock , M., at in the manner described below: — Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). _, Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Agee:_ _,._ Height...__. Weight Race Sex Other 1, , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above, I understand that this statement is matte subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: NAME:.,, PRINTED NAME: MLR NOT SERVED On the 27 4 -day of Pt-AIM;,20 14, at t8:40 o'clock JA., M., I, ... i1 fi Molt -, a competent adult hereby state that Defendant NOT FOUND ecause: _✓ Vacant _Does Not Exist __., No Answer on __ at _ Service Refused Other: L tante r;utttc,l l thtttr it,iott tots _, Moved at Does Not Reside (Not Vacant) s: statement is tiunTc subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn Illnines. PRINTED NAME: )1; d Molt ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 WK. Boulevard, Suite 1400 One Penn Center }''laza. Philadelphia, PA 19103 (215) 563-7000' Service Is Made: Wife: Husband: vorced : ver Check Li Yes o IrvYM.Mi / 1. Vacant: Yes ( V/) Spouses Names if Applicable No (' No ( } 2. Is there a name on the mailbox? Is it the defendants? 3 Neighbor Contact:Yes Left Side: Right Side: For Sale Sign: Yes Realtor Name: Company Name: Phone Number: 5,, Car in Drive Way Yes Plate Number: ( No ( V} ( ti ) No (` } LtsA MiYkrr4z�ra...w_.:. 71:7.- 4157.-.470 oto AFFIDAVIT OF SERVICE CUMBERLAND COUNTY P114 927814 PLAINTIFF PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, LLC. DEFENDANT JAMES B. BURNS GINA A. BURNS SERVE GINA A. BURNS AT: DCF, INMATE 881145 501 MALL ROAD HARRISBURG, PA 17111-1202 SERVICE TEAM/ lxh COURT NO.: 13-5472 CIVIL TYPE DE ACTION XX Notice of Sheriff's Sale SALE DATE: June 4, 2014 SERVED Served and made known to GINA A. BURNS, Defendant on the day of , 20 , o'clock . M., at , in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Description: Age _ Height _ Weight Race._ Sc' _ Other ___, a competent adult, hereby verify that I personally handed a true and comet copy of the Notice of Sheriff's' Sale in tbc manner as set forth herein, issued in the captioned case on the date and at the address :died alioVe. I understand that this statement is made subject to the penalties of 18 Pa, C.S. Sec. 4904 relating to unsworn falsification to authorities, DATE: On the 6' day ,20.jj.at amuse; Vacant _ Does Not Exist _ No Answer on at Service Refused Other: state that Defen NAME: PRINTED NAME: TITLE: NOT SERVED o'clock f, M., I, �t( 1416 , a competent adult hereby Moved J,/6oes Not Reside (Not Vacant) I understand that. this statementis made subject to the penalties of 18 Pu. C.S. Sec. 1904 relating to unsworn hliOtittit to ;tint mitt , BY: PRINTED NAME: iL ATTORNEY FOR PLAINTIFF Phelan Hainan, LLP 1617 317,X Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (2(5) 563-7000 PLAINTIFF PENNYMAC MORTGAGE INVESTMENT LLC. DEFENDANT JAMES D. BURNS GINA A. BURNS SERVE GINA A. BURNS AT: DCP, INMATE #8114.5 501 MALL ROAD HARRISBURG, 1'A 17111-1202 • ' • • • , . - C AFIIIDAVIT OF SERVICE CUMBERLAND COUNTY TRUST HOLDINGS I, PU # 927814 SERVICE TEAM/hal COURT NO.; 13-5472 CIVIL TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: June 4, 2014 SERVED Served and made known to G1NA.A. BURNS, Defendant on the day of , 20 ,„, at o'clock M., at , in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business, an officer of said Defendant's company. Other: Description: Age Height Weight Race Sex Other a competent adult, hereby -verify that I personally handed a true and correct ,copy of the Nod 'Sher'f 's' f in,lhe- manner as set forth herein, issued in the captioned case on the date noel : at the 'address, understand that this statement is made subject to the penalties of 18 Pa. C.S„Scc, 4904 relating to unsworn falsification to authorities. DATE: On the4- Atiday °fig* state that Tdant Vacant No Answer on Service Refused Other: 1 understand that this s taI;.ilit1tam ti :itinlnoe iii' NAME; PRINTED NAME: TITLE: f TN_) SERVE!) IA ,2Ojj, at /0-' o'clock! m., 1, ( I 01.711Theda use: Does Not Exist Moved k6oes Not Reside (Not Vacant) - at :1 _....„.„ , a competent adult hereby externem is made subject to the penalties of 1.8 Pa. C.S. Sec. 4904 relating to BY: e PRINTED NA.M ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 1141( Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 unsworn Proc'e ss :Sery 1. If Se v.f e Is Made: Wife: Husba Divorced: rt? Se'ii?1:G£. '%ad vacant: Yes Yes Spouses Names if Applicable } No 'No 2.. Is there a name on the mailbox? Is it the defendants? 3 . Neighbor Contact :Yes ( Left Side: - :1 Right Side: 4, For Sale Sign: Yes ( ) No 7(4",!- d� Realtor Name: Company Name: Phone Number: Car in Drive Way Yes Plate Number.:.,_, No No (: ) EXHIBIT "B" AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 927814 Attorney Firm: Phelan Hallinan, LLP Subject: James D: Burns & Gina A. Burns Property Address: 221 12th Street, New Cumberland, PA 17070 Possible Mailing Address: (Gina A. Burns) 461 East Market Street, Williamstown, PA 17098 (Gina A. Burns) DCP, Inmate Apartment 81145, 501 Mall Road, Harrisburg, PA 17:1.11 I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct James D. Burns - xxx-xx-8068 Gina A. Burns - 070-54-xxxx B. EMPLOYMENT SEARCH James D. Burns & Gina A. Burns - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that James D. Burns reside(s) at: 221 12th Street, New Cumberland', PA 17070 & Gina A. Burns reside(s) at: 461 East Market Street, Williamstown, PA 17098, II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases, which had no listing for James D. Burns & Gina A. Burns. B: On 034944 our office made several telephone calls to a possible phone number of the subject(s) (717) 576-9518 and received the following information; answering machine. On 03-19-14 our office made several telephone calls to a possible phone number of the subject(s) (717) 525-9'351 and received the following information: answering machine. On 03-19-14 our office made a telephone call to a possible phone number of the subject(s) (717) 5234107 and received the following information: disconnected. III. INQUIRY OF NEIGHBORS On 03-19-14 our office made a phone call in an attempt to contact Lori J. Medina (717) 774-2873, 225 1.2th Street, New Cumberland, PA 17070: spoke with an unidentifine female who could not confirm that the subjects reside(s) at 221.1.2th Street, New Cumberland, PA 17070. On 03-19-14 our office made a phone call in an attempt to contact Henry J. Scholz (717) 774-5011, 22712th Street, New Cumberland, PA 17070; spoke with an unidentifine female who could not confirm that the subjects reside(s) at 221 12th Street, New Cumberland, PA 17070. On 03-19-14 our office made several phone calls in an attempt to contact Dale E McCoy (717) 566- 8623, 22312th Street, New Cumberland, PA 17070: no answer. On 03-7.9-14 our office made a phone call in an attempt to contact Larry Daniel (717) 647-9837, 457 East Market Street, Williamstown, PA 17098: spoke with an unidentifine female who could not confirm that the. subjects reside(s) at 461 East Market Street, Williamstown, PA 17098. On 03q9-14 our office made several phone calls in an attempt to contact Cameron Smith (717) 647- 9488, 458 East Market Street, Williamstown, PA 17098: no answer: On 03-1.9-14 our office made several phone calls in an attempt to contact Yvonne L. Frantz (717) 647-9946, 464 East Market Street, Williamstown, PA 17098: answering machine. Using our white pages database our office was unable to locate any neighbors for DCP, Inmate Apartment 81145, 501 Mall Road, Harrisburg, PA 17111. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 03-19-14 we reviewed the National Address database and found the following information: James D. Burns - 221 12' Street, New Cumberland, PA 17070 & Gina A. Burns - 461 East Market Street, Williamstown, PA 17098. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a.possible mailing address: (Gina A. Burns) 461 East Market Street, Williamstown, PA 17098 & DCP, Inmate Apartment 81145, 501 Mall Road, Harrisburg, PA 17111. V. OTHER INQUIRIES A. DEATH RECORDS As of 03-19-14 Vital Records and all public databases have no death record on file for James D. Burns & Gina A. Burns. VI. ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH James D. Burns - not available Gina A. Burns - 1965 B. A.K.A. Gina A. Murphy * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. 1 hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unsworn falsification to authorities, e above information is obtained from available public records and we arc only liable for the cost of the affidavit. EXHIBIT "C" Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail susan.moran@phelanhallinan.com SUSAN P. Moran, Legal Assistant, Ext. 1253 Representing Lenders in Service Department Pennsylvania September 15, 2014 GINA A. BURNS 221 12TH STREET NEW CUMBERLAND, PA 17070-1608 RE: PENNYMAC HOLDINGS, LLC F/K/A PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, LLC v. JAMES D. BURNS and GINA A. BURNS Premises Address: 221 12TH STREET, NEW CUMBERLAND, PA 17070-1608 CUMBERLAND County, No. 13-5472 CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by September 22, 2014. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, SUSAN P. Moran, Legal Assistant for Phelan Hallinan, LLP PH # 927814 Name and Address Of Sender mok Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 SPL Line Article Number Name of Addressee, Street, and Post Office Address 1 GiNA A. BURNS 221 12TH STREET NEW CUMBERLAND, PA 17070-1608 2 0 0) C) Postage $0.47 $0.47 3 $0.47 RE: JAMES D. BURNS (CUMBERLAND) TEAM 4 PH # 927814/1021 Page 1 of 1 $1.41. Total Number of Pieces Listed by Sender Total Number of Pieces Received at Post Office Postmaster, Per (Name of Receiving Employee) Form 3877 Facsimile The full declaration of value is required on all domestic and international registered mail. The maximum indemnity payable for the reconstruction of nonnegotiable documents under Express Mall document reconstruction insurance is $50,000 per piece subject to a limit of $500,000 per occurrence. The maximum indemnity payable no Express Mail merchandise is $500. The maximum indemnity payable is $25,000 for registered mail, sent with optional insurance. See Domestic Mail Manual R900 5913 and S921 for limitations of coverage. PH # 927814 F THE PRO THOr J�;�`: PE S YLVIA rt 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Attorney for Plaintiff PENNYMAC HOLDINGS, LLC F/K/A PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, LLC : CIVIL DIVISION Plaintiff : No.: 13-5472 CIVIL v. JAMES D. BURNS GINA A. BURNS 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 11/05/2014 at 10:00 AM. Date: / / z 'I/ Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PH # 927814 • 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Attorney for Plaintiff PENNYMAC HOLDINGS, LLC F/K/A PENNYMAC • MORTGAGE INVESTMENT TRUST HOLDINGS I, LLC : CIVIL DIVISION Plaintiff V. JAMES D. BURNS GINA A. BURNS Defendant(s) CERTIFICATION OF SERVICE : No.: 13-5472 CIVIL 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: JAMES D. BURNS 221 12TH STREET NEW CUMBERLAND, PA 17070-1608 GINA A. BURNS 221 12TH STREET NEW CUMBERLAND, PA 17070-1608 Date: PH # 927814 ?/z smo GINA A. BURNS DCP, INMATE #81145, 501 MALL ROAD HARRISBURG, PA 17111-1202 GINA A. BURNS PO BOX 358 NEW CUMBERLAND, PA 17070-0358 Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA PENNYMAC HOLDINGS, LLC F/K/A • PENNYMAC MORTGAGE INVESTMENT • CIVIL DIVISION TRUST HOLDINGS I, LLC : = • NO. 13-5472 CIVIL-,; 1 - Plaintiff • vae • r � • v. • JAMES D. BURNS GINA A. BURNS Defendants ORDER AND NOW, this Z day of 01J-e 1,4-r , 2014, after consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendant GINA A. BURNS by: ✓ REGULAR MAIL at 221 12TH STREET,NEW CUMBERLAND, PA 17070-1608 Service by mail is complete upon the date of mailing CERTIFIED MAIL at 221 12TH STREET,NEW CUMBERLAND, PA 17070-1608 Service by mail is complete upon the date of mailing POSTING 221 12TH STREET,NEW CUMBERLAND, PA 17070-1608 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). BY TH OURT: J. PH # 9814 C ELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 ldiQ l 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 PENNYMAC HOLDINGS, LLC F/K/A PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, LLC Plaintiff Attorney for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 13-5472 CIVIL v. : CUMBERLAND COUNTY JAMES D. BURNS GINA A. BURNS Defendants MOTION FOR POSTPONEMENT OF SHERIFF'S SALE Plaintiff, by its counsel, Phelan Hallinan, LLP, petitions this Honorable Court for a postponement of its Sheriffs Sale scheduled in the above captioned matter and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property known as 221 12TH STREET, NEW CUMBERLAND, PA 17070-1608 involved herein has been scheduled for November 5,, 2014. 2. Plaintiff has been unable to have the Notice of Sale served upon the Defendants at least thirty days prior to the sale, as required by Pennsylvania Rule of Civil Procedure 3129.2. 3. A two month postponement of the Sheriffs Sale will allow Plaintiff a sufficient amount of time to have the notice of Sheriffs Sale served upon the Defendants. 4. A brief postponement of the Sheriffs Sale will not prejudice Defendants and will, in fact, inure to their benefit. PH # 927814 5. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff attempted to obtain concurrence regarding its Motion to Postpone Sheriff's Sale. Plaintiffs counsel attempted to reach Defendants via telephone on November 3, 2014 at (717) 576-9518 and left a voice message. Defendants have not responded. 6. No judge has previously entered a ruling in this case. 7. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin A. Hess entered an order for Motion to Reassess Damages dated September 16, 2014. WHEREFORE, Plaintiff respectfully requests that the Sheriff's Sale of the mortgaged premises be continued to January 7, 2015. Phelan Hallinan, LLP Date: November 3, 2014 By: PH # 927814 Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 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 PENNYMAC HOLDINGS, LLC F/K/A PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, LLC Plaintiff v. JAMES D. BURNS GINA A. BURNS Attorney for Plaintiff : COURT OF COMMON PLEAS • : CIVIL DIVISION : NO. 13-5472 CIVIL : CUMBERLAND COUNTY Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO POSTPONE SHERIFF'S SALE Pursuant to Pennsylvania Rule of Civil Procedure 3129.2, it is necessary in a foreclosure action for the notice of sale to be served upon the Defendants. If the Defendants whereabouts are unknown, a reasonable investigation of the whereabouts must be made and a petition filed with the Court seeking alternative service of the notice of sale. Pa. R.C.P. 3129.2 (c) provides in part: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by rule 3129.1. 1. Service of the notice shall be made (i) upon a defendant in the judgment who has not entered an appearance and upon the owner of the property by the sheriff or by a competent adult in the manner PH # 927814 prescribed by Rule 402(a) for the service of original process upon a defendant, or by the plaintiff mailing a copy in the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or if service cannot be made as provided in subparagraph (A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court... Plaintiff has been unable to complete service of the notice within the time required by the rules and as a result, a continuation is necessary. WHEREFORE, Plaintiff respectfully requests a two month continuance of the Sheriff's Sale of the mortgaged premises to the January 7, 2015 Sheriffs Sale. Phelan Hallinan, LLP Date: November 3, 2014 By: PH # 927814 Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 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 PENNYMAC HOLDINGS, LLC F/K/A PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, LLC Plaintiff v. JAMES D. BURNS GINA A. BURNS Defendants Attorney for Plaintiff COURT OF COMMON PLEAS • : CIVIL DIVISION : NO. 13-5472 CIVIL : CUMBERLAND COUNTY CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the Motion to Postpone. Sheriff's Sale relative to the above matter and Memorandum of Law have been sent via first class mail to the individuals indicated below on November 3, 2014. JAMES D. BURNS 221 12TH STREET NEW CUMBERLAND, PA 17070-1608 GINA A. BURNS DCP, INMATE #81145, 501 MALL ROAD HARRISBURG, PA 17111-1202 Phelan Hallinan, LLP Date: November 3, 2014 By: Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PH # 927814 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ,r JI THE P?J HOMO?Tt`RY �q1 fnt IPH rh , �op�itit, at �tt:r�Ger��rrb LU � � V � � 12: 58 JMBERL ND COUNTY PEUNSYL .kNIA OFFICE OF THE SHERIFF PennyMac Holdings, LLC vs. James David Burns (et al.) Case Number 2013-5472 SHERIFF'S RETURN OF SERVICE 03/21/2014 01:05 PM - Sergeant Jason Vioral 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: James David Burns at the Cumberland County Sheriffs Office, One Courthouse Square, Carlisle, PA 17013, Cumberland County. 03/27/2014 02:47 PM - Deputy Stephen Bender, 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 221 12th Street, New Cumberland - Borough, New Cumberland, PA 17070, Cumberland County. 05/15/2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 8/6/2014 07/22/2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 9/3/2014 08/25/2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 11/5/2014 11/05/2014 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: $949.84 SO ANSWERS, November 05, 2014 RONR ANDERSON, SHERIFF wry Lt.. CD - LLJ c) CountySu;e Sheriff. 'releosott. Inc. On March 3, 2014 the Sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA, Known and numbered as 221 12th Street, New Cumberland, as Exhibit "A" filed with this Writ and by this Reference incorporated herein. Date: March 3, 2014 By: Real Estate Coordinator ZZ :Z d 8 i Q3j h«Z Vc; ;{ 1_.';.10 LXIII 16 CUMBERLAND LAW JOURNAL " 04/18/14 Writ No. 2013-5472 Civil PennyMac Holdings, LLC vs. James David Burns Gina Burns a/k/a Gina A. Murphy Atty.: Joseph Schalk By virtue of a Writ of Execution No. 13-5472 CIVIL, PENNYMAC HOLDINGS, LLC f/k/a PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, LLC v. JAMES D. BURNS, GINA A. BURNS owner(s) of property situate in NEW CUMBER- LAND BOROUGH, CUMBERLAND County, Pennsylvania, being 221 12TH STREET, NEW CUMBERLAND, PA 17070-1608. Parcel No. 26-23-0541-245. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: $107,202.95. 37 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 18, April 25 and May 2, 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 allegations in the foregoing statements as to time, place and character of publication are true. Lisa Marie Coyne, E itor \./ SWORN TO AND SUBSCRIBED before me this da of May, 2014 Notary COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28, 2018 I. The Patriot -News Co. 020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 he atriotXews 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 Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY — 2013-5472 Civil Term PennyMac Holdings, LLC Vs James David Burns Gina Burns a/k/a Gina A. Murphy Atty: Joseph Schalk By virtue of a Writ of Execution No. 13-5472 CIVIL PENNYMAC HOLDINGS, LLC F/K/A PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, LLC v. JAMES D. BURNS GINA A. BURNS owner(s) of property situate in NEW CUMBERLAND BOROUGH, CUMBERLAND County, Pennsylvania; being 221 12TH STREET NEW CUMBERLAND, PA 17070-1608 Parcel No. 26-23-0541-245 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $107,202.95 This ad ran on the date(s) shown below: 04/13114 04/20/14 04/27/14 Sworn to and !subscribed before me t y of May, 2014 .D. ublic COMMONWEALTH OF PENNSYLVAN Notartal Seal Hotly Lynn Warfel, Notary Public Wesh!ngton Twp., Dauphin County y Comm!ssion Expires Dec. 12, 2016 MEMPF.R. PENN vi vaNIR AcePr1AT1ON OF Nr1TARIEC 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 PENNYMAC HOLDINGS, LLC F/K/A PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, LLC Plaintiff v. JAMES D. BURNS GINA A. BURNS ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13-5472 CIVIL' Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on September 18, 2013. 2. Judgment was entered on February 14, 2014 in the amount of $107,202.95. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Plaintiff filed a prior Motion to Reassess Damages, which was granted by Order dated September 16, 2014, amending the judgment amount to $121,969.51. A true and correct copy of the Order is attached hereto, made part hereof, and marked as Exhibit "B". 4. 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 927814 1 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. 5. The Property is listed for Sheriffs Sale on June 3, 2015. 6. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through November 5, 2014 Legal fees Cost of Suit and Title Sheriffs Sale Costs Escrow Deficit $99,610.50 $18,462.36 $5,725.00 $1,422.96 $820.84 $3,287.57 TOTAL $129,329.23 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on December 29, 2014 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 927814 2 11. 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 Make Rule Absolute dated September 16, 2014. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: titbits By: Phelan Hallinan, LLP _4(441. Justin F�' o . eski, Esquire ATT �" ' Y FOR PLAINTIFF 3 927814 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 PENNYMAC HOLDINGS, LLC F/K/A PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, LLC Plaintiff v. JAMES D. BURNS GINA A. BURNS Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13-5472 CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE JAMES D. BURNS 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 221 12TH STREET, NEW CUMBERLAND, PA 17070-1608. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 927814 1 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. 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 927814 2 Company v. Bums, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct 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 Defendants' 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 are 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 927814 3 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure . 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the 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. W. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 927814 4 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. 927814 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriffs sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriffs sale date, as their interests will be divested by the 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. 927814 6 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 927814 7 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: By: Phelan Hallinan, LLP /4 8 eski, Esquire orney or Plaintiff 927814 Exhibit "A" vl rtFILER O FI z• ap • Y PlIEL 1N HALLINAN, LLP 2014 FEB 11. AM 11: 26 Jonathan Lobb, Esq., Id. No.31274 1617 JFK Boulevard, Suite 140 GUMSERL AND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan coin 215-563-7000 Attorney for Plaintiff PENNYMAC HOLDINGS, LLC F/K/A :•"",► T n ERLAND COUNTY PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, ' `� T OF COMMON PLEAS: LLC �•� i'` .' \;) : CIVIL DIVISION vs. n. 0=1-4' 4' JAMES D. BURNS GINA A. BURNS PRAECIPE FOR IN ANSWER No, 13-5472 CIVIL TO THE PROTHONOTARY: 9\ FOR FAILURE TO NT OF DAMAGES • Kindly enter judgment in favor of the Plaintiff and against JAMES D. BURNS and • GINA A. BURNS. Defendant(s) for failure to file an Answer to Plaintiff's Complaint witbitt: 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. . I hereby certify that (1) the befell NEW CUMBER-LANn, —1I.ARKLSBLTRG, PA 17111-1202, and ( ) th Pa.R.C.P 237.1. fieb 07,202.95 v . 07,202:95 are 221 12TH STREET, ATE #81145, 501 MALL ROAD, e has been given in -accordance. `With`Rnie Jo;r` an Lobb, Esq., Id. No.312174 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PH # 927814 927814 Exhibit "B" IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PENNYMAC HOLDINGS, LLC F/K/A PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, LLC Plaintiff vs. JAMES D. BURNS GINA A. BURNS Defendants AND NOW, this it.31\day o ORDER Court of Common Pleas Civil Division ) CUMBERLAND y Ci") No.: 13-5472 C 3T" 014, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captioned matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance Interest Through July 21, 2014 Legal fees Cost of Suit and Title Escrow Deficit $99,610.50 $15,910.27 $2,925.00 $1,264.49 $2,259.25 TOTAL $121,969.51 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. BY THE COURT: 927814 Exhibit "C" 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 December 29, 2014 JAMES D. BURNS 221 12TH STREET NEW CUMBERLAND, PA 17070-1608 GINA A. BURNS DCP, INMATE #81145 501 MALL ROAD HARRISBURG, PA 17111-1202 RE: PENNYMAC HOLDINGS, LLC F/K/A PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, LLC v. JAMES D. BURNS and GINA A. BURNS Premises Address: 221 12TH STREET NEW CUMBERLAND, PA 17070 CUMBERLAND County CCP, No. 13-5472 CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 1/3/2015. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please'' c guided accordingly. Just :.K a b ` ski,, Esq., Id. No.200392 At%o y for I laintiff sure 927814 Name and Address Of Sender mok Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 JOH Line Article Number Name of Addressee, Street, and Post Office Address 1 JAMES D. BURNS GINA A. BURNS 221 12TH STREET NEW CUMBERLAND, PA 17070-1608 Ti tom• t . 10i Postage141 C--.> c:7 $0.47 2 JAMES D. BURNS GINA A. BURNS 461 EAST MARKET STREET WILLIAMSTOWN, PA 17098-1541 $0.47 3 GINA A. BURNS DCP, INMATE #81145 501 MALL ROAD HARRISBURG, PA 17111-1202 $0.47 4 GINA A. BURNS PO BOX 358 NEW CUMBERLAND, PA 17070-0358 $0.47 RE: JAMES D. BURNS (CUMBERLAND) PH # 927814/1200 Page 1 of 1 $1.88 r3 c. u Total Number of Pieces Listed by Sender Total Number of Pieces Received at Post Office Postmaster. Per (Name of Receiving Employee) The fill declaration of value is required on all domestic and international registered mail. The maximum indemnity payable for the reconstruction of nonnegotiable documents under Express Mail document reconstruction insurance is S50,000 per piece subject to a limit of $500,000 per occurrence. The maximum indemnity payable on Express Mail merchandise is S500. The maximum indemnity payable is 525,000 for registered mail, sent with optional insurance. See Domestic Mail Manual R900 5913 and S921 for limitations of coverage. Form 3877 Facsimile 927811 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 ATTORNEY FOR PLAINTIFF PENNYMAC HOLDINGS, LLC F/K/A Court of Common Pleas PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, LLC Civil Division Plaintiff CUMBERLAND County v. No.: 13-5472 CIVIL JAMES D. BURNS GINA A. BURNS Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. JAMES D. BURNS GINA A. BURNS 221 12TH STREET NEW CUMBERLAND, PA 17070-1608 GINA A. BURNS DCP, INMATE #81145 501 MALL ROAD HARRISBURG, PA 17111-1202 DATE: By: JAMES D. BURNS GINA A. BURNS 461 EAST MARKET STREET WILLIAMSTOWN, PA 17098-1541 GINA A. BURNS PO BOX 358 NEW CUMBERLAND, PA 17070-0358 Phelan Hallinan, LLP Justi ' . Kobeski, Esquire A r ORNEY FOR PLAINTIFF 927814 PHELAN HALLINAN, LLP Paul Cressman, Esq., Id. No.318079. 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 paul.cressman@phelanhallinan.com 215-563-7000 f' r= FILED -OFFICE tE r,{OTiiON0IAR 2015 IT ' -j Ail to: 30Attorney° for Plaintiff CUI.15E'U_1-,N0 COUNTY PENNSYLVANIA PENNYMAC HOLDINGS, LLC F/K/A PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, LLC vs. JAMES D. BURNS GINA A. BURNS : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION No. 13-5472 CIVIL PRAECIPE TO ENTER JUDGMENT IN THE COURT ORDER TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JAMES D. BURNS, and GINA A. BURNS,.Defendant(s) in accordance with the Court Order dated September 16, 2014. As set forth in the Order TOTAL Date 12— D ( 4 $121,969.51 .51 Paul Cr- ssman, Esq., Id. No.31.8079 Attorn: for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 17 Ips PH # 927814 PROTHONOTARY p4 0/111 0 --it PSO 927814 14 21 AMA -feel IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PENNYMAC HOLDINGS, LLC F/K/A PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, LLC Plaintiff vs. JAMES D. BURNS GINA A. BURNS Defendants Court of Common Pleas Civil Division CUMBERLANDCi - No.: 13-5472 CIVIIF,IP <c) (---) ci) —a ORDER AND NOW, this MAday of 014, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and 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 tune as follows: Principal Balance Interest Through July 21, 2014 Legal fees Cost of Suit and Title Escrow Deficit $99,610.50 $15,910.27 $2,925.00 $1,264.49 $2,259.25 TOTAL $121,969.51 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. BY THE COURT: 927814 (Rule of Civil Procedure No. 236) - Revised PENNYMAC HOLDINGS, LLC F/K/A PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, LLC vs. JAMES D. BURNS GINA A. BURNS against you on CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 13-5472 CIVIL Notice is given that a Judgment in the above captioned matter has been entered By: If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Paul Cressman, Esq., Id. No.318079 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * 927814 PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 Pennymac Holdings, LLC f/k/a Pennymac Mortgage Investment Trust Holdings I, LLC Plaintiff V. James D. Burns Gina A. Burns Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 07/22/2014 to Date of Sale ($20.05 per diem) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 13-5472 CIVIL CUMBERLAND COUNTY $121,969.51 $6,355.85 TOTAL 8325.36 Note: Please attach description of property. PH 4 927814 at CV cluicl.caLt It lo3 P " St) nan, LLP ressman, Esq., Id. No.318079 ey for Plaintiff iiaa 4. CO° IQ SO ajck?f -3/$Q/,q lo • S Jot ft 'zed LEGAL DESCRIPTION ALL THAT CERTAIN lot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the BOROUGH OF NEW CUMBERLAND, County of CUMBERLAND and Commonwealth of Pennsylvania, as follows: BEGINNING at a point, the northwest corner of Twelfth (formerly Washington) and Martin Streets, as shown on Plan of Martin's Addition to the Borough of New Cumberland; thence northwardly, along the western line of Martin Street, one hundred thirty-five (135) feet to a fifteen (15) feet wide alley; thence westwardly along the same, thirty-six (36) feet to a point, thence southwardly on line parallel with Martin Street, one hundred thirty-five (135) feet to Twelfth Street; thence eastwardly, along Twelfth Street, thirty-six (36) feet to the place of BEGINNING. TITLE TO SAID PREMISES VESTED IN James D. Burns and Gina A. Burns, h/w, by Deed from Gina A. Murphy, nka Gina A. Burns and Angela Alfano, dated 05/14/2007, recorded 05/29/2007 in Book 280, Page 815. PREMISES BEING: 221 12th Street, New Cumberland, PA 17070-1608 PARCEL NO. 26-23-0541-245 PHELAN HALLINAN, LLP Paul Cressman, Esq., Id. No.318079 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 paul.cressman@phelanhallinan.com 215-563-7000 Pennymac Holdings, LLC f/k/a Pennymac Mortgage Investment Trust Holdings I, LLC Plaintiff v. James D. Burns Gina A. Burns Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 13-5472 CIVIL . 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. authorities. to unsworn falsification to By: Phelan Hall auI Cressm A eyfo� an, LLP n, Esq., Id. No.318079 Plaintiff 4, EPennymac Holdings, LLC f/k/a Pennymac Mortgage COURT OF COMMON PLEAS Investment Trust Holdings I, LLC Plaintiff CIVIL DIVISION v. NO.: 13-5472 CIVIL James D. Burns Gina A. Burns Defendant(s) •CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 Pennymac Holdings, LLC f/k/a Pennymac Mortgage Investment Trust Holdings I, LLC, 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 221 12th Street, New Cumberland, PA 17070-1608. 1. Name and address of Owner(s) or reputed Owner(s): Name • Address (if address cannot be reasonably ascertained, please so indicate) James D. Burns 221 12th Street New. Cumberland, PA 17070-1608 Gina A. Burns 2. Name and address of Defendant(s) in the judgment: Name, James D. Burns Dcp, Inmate #81145 501 Mall Road Harrisburg, PA 17111-1202 221 12th Street New Cumberland, PA 1.7070-1608 Address (if address cannot be reasonably ascertained, please so indicate) 221 12th Street New Cumberland, PA 17070-1608 Gina A. Burns Dcp, Inmate #81145, 501 Mall Road Harrisburg, PA 17111-1202 221 12th Street New Cumberland, PA 17070-1608 7' 00* 7 < Qa' 1 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 (ifaddresscannot 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. PH # 927814 e: 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 None. Address (if address cannot be reasonably ascertained, please indicate) 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) 221 12th Street New Cumberland, PA 17070-1608 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 sta - .. made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsificati Date: PH # 927814 Phela allin. n, LLP Paul Cres a Esq., Id. No.318079 Attorney fo ' aintiff PHELAN H LLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 Pennymac Holdings, LLC f/k/a Pennymac Mortgage Investment : COURT OF COMMON PLEAS Trust Holdings I, LLC : CIVIL DIVISION Plaintiff : : NO.: 13-5472 CIVIL vs. James D. Burns : CUMBERLAND County Gina A. Burns Defendant(s) 7_; c_.. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: James D. Burns Gina A. Burns 221 12th Street New Cumberland, PA 17070-1608 Gina A. Burns DCP, Inmate # 81145 ,--- o 501 Mall Road Harrisburg, Pa 1'7113 **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 221 12th Street, New Cumberland, PA 17070-1608 is scheduled to be sold at the Sheriff's Sale on 06/03/2015 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $121,969.51 obtained by Pennymac Holdings, LLC f/k/a Pennymac Mortgage Investment Trust Holdings I, LLC (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 Sheriffs 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. f the Sheriff's Sale is not stopped, your property will be sold tb 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 13-5472 CIVIL Pennymac Holdings, LLC f/k/a Pennymac Mortgage Investment Trust Holdings I, LLC v. James D. Burns Gina A. Burns owner(s) of property situate in the NEW CUMBERLAND BOROUGH, CUMBERLAND County, Pennsylvania, being 221 12th Street, New Cumberland, PA 17070-1608 Parcel No. 26-23-0541-245 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $121,969.51 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN lot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the BOROUGH OF NEW CUMBERLAND, County of CUMBERLAND and Commonwealth of Pennsylvania, as follows: BEGINNING at a point, the northwest corner of Twelfth (formerly Washington) and Martin Streets, as shown on Plan of Martin's Addition to the Borough of New Cumberland; thence northwardly, along the western line of Martin Street, one hundred thirty-five (135) feet to a fifteen (15) feet wide alley; thence westwardly along the same, thirty-six (36) feet to a point, thence southwardly on line parallel with Martin Street, one hundred thirty-five (135) feet to Twelfth Street; thence eastwardly, along Twelfth Street, thirty-six (36) feet to the place of BEGINNING. TITLE TO SAID PREMISES VESTED IN James D. Burns and Gina A. Burns, h/w, by Deed from Gina A. Murphy, nka Gina A. Burns and Angela Alfano, dated 05/14/2007, recorded 05/29/2007 in Book 280, Page 815. PREMISES BEING: 221 12th Street, New Cumberland, PA 17070-1608 PARCEL NO. 26-23-0541-245 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net PENNYMAC HOLDINGS, LLC f/k/a PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, LLC Vs. NO 13-5472 Civil Term CIVIL ACTION — LAW JAMES D. BURNS GINA A. BURNS WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $121,969.51 L.L.: Interest FROM 7/22/2014 TO DATE OF SALE ($20.05 PER DIEM) - $6,355.85 Atty's Comm: Due Prothy: $2.25 Atty Paid: $1,250.80 Other Costs: Plaintiff Paid: . iL_L14I__.' Date: 1 /7/15 . (Seal) REQUESTING PARTY: Name: PAUL CRESSMAN, 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. 318079 David D. Buell, Prothonotary Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PENNYMAC HOLDINGS, LLC F/K/A PENNYMAC MORTGAGE INVESTMENT TRUST HOLDINGS I, LLC Plaintiff v. JAMES D. BURNS GINA A. BURNS Defendants AND NOW, this /2.4 day of RULE Court of Common Pleas Civil Division CUMBERLAND County No.: 13-5472 CIVIL 201', a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to 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. f,1 C. f � IND 927814 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 MES D. BURNS GINA A. BURNS 221 12TH STREET NEW CUMBERLAND, PA 17070-1608 .../6INA A. BURNS DCP, INMATE #81145 501 MALL ROAD HARRISBURG, PA 17111-1202 ebriQs rieL.5.J.LL 02./fs ./JAMES D. BURNS GINA A. BURNS 461 EAST MARKET STREET WILLIAMSTOWN, PA 17098-1541 ../...‹INA A. BURNS PO BOX 358 NEW CUMBERLAND, PA 17070-0358 927814 927814