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HomeMy WebLinkAbout13-6907 Supreme Court-.of Pennsylvania ` Cour, CCoom�mo'` Pleas iV11 t r Ft t Prothonotary Use Only: �COV -@C h�ee Cu 1, Cou Docket No: F 01 1 0 0� The information collected of7 this form is used solely for court administration purposes. This form does not supp lement or re lace thefiiing and service o pleadin s or other papers as req uired by law or rules of court. S Commencement_ of Action: ❑O Complaint ❑ Writ of Summons ❑ Petition E+ ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiffs Name: PHH MORTGAGE Lead Defendant's Name: DEBORAH A. HUNSICKER T CORPORATION, F /K/A ERA MORTGAGE I Are money damages requested? ❑ Yes Ed No Dollar Amount Requested: ❑ within arbitration limits 0 (Check one) outside arbitration limits N Is this a Class Action Suit? ❑ Yes 0 No Is this an MDJ Appeal? ❑ Yes ED No t A Name of Plaintiff /Appellant's Attorney: Matthew Brushwood, Esq., Id. No.310592 Phelan Hallinan LLP ❑ Check here if you have no attorney (are a Self - Represented [Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your j PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most imp 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 B ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment i ) ❑ 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 0110112011 IF PRO ') 2 8 1 � Noy 1 All 10� 28 CUf'B ELAND C YANI `r' PHELAN HALLINAN, LLP Matthew Brushwood, Esq., Id. No.3,10592 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215 -563 -7000 PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE COURT OF COMMON PLEAS 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 CIVIL DIVISION Plaintiff TERM V. NO. �� ��a� C►;;l DEBORAH A. HUNSICKER 1180 & 1182 OYSTER MILL ROAD CUMBERLAND COUNTY CAMP HILL, PA 17011 -1058 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 2 E� a 13WONP Fite #: 318655. ! ` 1. Plaintiff is PHH MORTGAGE CORPORATION, F /K/A ERA MORTGAGE 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: DEBORAH A. HUNSICKER 1180 & 1182 OYSTER MILL ROAD CAMP HILL, PA 17011 -1058 who is /are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/04/2004 DEBORAH A. HUNSICKER made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Book 1883, Page 4697. Said mortgage was modified as set forth in the modification agreement recorded 5/14/2008 Mortgage Inst #: 200815845. Said mortgage was modified as set forth in the modification agreement recorded 11/14/2011 Mortgage Inst #: 201131589. 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 10/01/2012 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 318655 6. The following amounts are due on the mortgage as of 08/30/2013: Principal Balance $75,097.71 Interest $4,742.76 09/01/2012 through 08/30/2013 Late Charges $196.38 Property Inspections $180.00 Escrow Deficit $3,232.95 TOTAL $83,449.80 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 I 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 4: 319655 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $83,449.80, 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. P ALLINAN, LLP By: atthe B shwood, Esq., Id. No.310592 Attorney for Plaintiff File #: 319655 LEGAL DESCRIPTION ALL the following described tracts of land situate in East Pennsboro Township in the County of Cumberland, State of Pennsylvania to wit: TRACT NO. 1: BEGINNING at an iron pin at the corner of land late of Norman S. Shade and low water mark of the Conodoguinet Creek; thence northwardly along the course of said Creek 100 feet to an iron pin at low water mark in said Creek; thence eastwardly along land late of Edward B. McClune 259 feet to an iron pin; thence southwardly along land late of Jacob Kohler 84 feet to an iron pin; thence westwardly along land late of Norman S. Shade 280 feet to an iron pin, the place of BEGINNING. HAVING THEREON ERECTED a frame cottage known as 1182 Oyster Mill Road, Camp Hill, Pennsylvania. UNDER AND SUBJECT to restrictions and reservations as set forth in Deed Book L -14, Page 501. TRACT NO.2: BEGINNING at a point on the eastern line of the Conodoguinet Creek at the southern line of lands now or formerly of Jacob Kohler Estate; thence along line of said lands, South 81 degrees East, 199 feet to bolt; thence continuing along the same, South 03 degrees 01 minute East, 84 feet to a point at line of lands now or formerly of Harriet A. Rosenberger; thence along line of said lands, North 86 degrees 09 minutes West, 216 feet to a point on the eastern side of the Conodoguinet Creek; thence along said Creek, North 08 degrees 14 minutes East, 101.56 feet to a point, the place of BEGINNING. File #: 318655 i SAID TRACT No.2 being described in accordance with a survey by D. P. Raffensperger Associates dated April 10, 1978, which said survey is a consolidation of two tracts from a previous deed. Said survey is recorded with Record Book 27 -U, Page 516. UNDER AND SUBJECT to restrictions and reservations as set forth in Record Book 27 -U, Page 516. BEING THE SAME PREMISES which Craig Barnhart, Executor of the Estate of Dick S. Barnhart, by deed to be recorded simultaneously herewith in the Office of the Recorder of Deeds of Cumberland County, granted and conveyed unto Deborah A. Hunsicker. PROPERTY ADDRESS: 1180 & 1182 OYSTER MILL ROAD, CAMP HILL, PA 17011- 1058 PARCEL # 09 -16 -1054 -057 File #: 318655 VERIFICATION William Bellows hereby states thatoshe is Assistant Vice Presiden pHH MORTGAGE CORPORATION, servicing agent for Plaintiff in this matter, that he /she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. By PHH Mortgage Corporation, Its authorized agent, Date: By William Bellows Assistant vice President PHH Mortgage Corporation PHS #: 318655 Name: HUNSICKER File #: 318655 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 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 #: 318655 FORM I • G IN THE COURT OF COMMON PLEAStZ o PHH MORTGAGE CORPORATION, F /K/A ERA OF CUMBERLAND COUNTY, PENNSY�c YA IIyA MORTGAGE 0 Plaintiff(s) y vs. c c� f n G O p_, . DEBORAH A. HUNSICKER 1 /)VI 1� p Defendant(s) lll��� �" Civil !" 1 NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact IvlidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf, If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. R tfully ubmitted: I& 1' Date oatthew rushw ood, Esq., Id. No.310592 r 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: CUSTOMER/PRIMARY P. 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: I's 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 #]: Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles boats motorc comes)• Model: Year: Amount owed: Value Monthly Income Name of Employers: I • Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): I . monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2° Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. not covered Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child 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 UWe, , 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 PIease 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) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff %� yxtr of cumber, ier, Jody S Smith Chief Deputy DEC c 2 9 :.: Richard W Stewart CUMBERLAND COUNT Solicitor :,F Mir - PENNSYLVANIA PHH Mortgage Corporaion Case Number vs. Deborah A. Hunsicker 2013-6907 SHERIFF'S RETURN OF SERVICE 11/25/2013 02:10 PM - Deputy Brian Grzyboski, being duly sworn according to law, 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: Deborah A. Hunsicker at 1180& 1182 Oyster Mill Road, East Pennsboro Township, Camp Hill, PA 17011. BRIAN GRZYBO I, DE' Y SHERIFF COST: $44.95 SO ANSWERS, November 26, 2013 RONNY R ANDERSON, SHERIFF PHELAN HALLINAN, LLP D. Troy Sellars, Esq., Id. No. 210302 126 Locust Street Harrisburg, PA 17101 215 -563 -7000 x 1360 PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 Plaintiff v. DEBORAH A. HUNSICKER 1180 & 1182 OYSTER MILL ROAD CAMP HILL, PA 17011 -1058 Defendant MOTION TO LIFT CONCILIATION STAY Plaintiff, PHH Mortgage Corporation f/k/a Era Mortgage (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 November 21, 2013, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendant for her failure to make monthly payments of principal and interest upon her mortgage due October 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 November 25, 2013, Plaintiff completed service of the Complaint in Mortgage Foreclosure along with the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice upon the Defendant. A true and correct copy of the Sheriffs Return of Service is attached hereto, made part hereof and marked as Exhibit `B ". Attorney for Plaintiff Court of Common Pleas Civil Division No. 13- 6907 -CIVIL c7 Cumberland Couant CT LD CD t �a -mayy r�-qqa L cD -x. ..t- -CS co 812413 3. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the Foreclosure action is stayed for sixty (60) days from the date of service. 4. Within 60 days after service of the complaint, the Defendant may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request, the Court will schedule a Conciliation Conference. The program provides that Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of notice if not represented by counsel. 5. If more than sixty (60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendant failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty (60) days of service. 7. Since Defendant has opted not to participate in the Diversion Program, it is appropriate for the stay to be lifted. WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic stay be lifted. Respectfully submitted, PHELAN HAL INAN, LLP Date: f'% / /D/ V BY: 812413 D. Troy Sellars, Esquire Attorney for Plaintiff Exhibit "A" .g!=Tn!!1!!!!n! PHELAN HALLINAN, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215- 563 -7000 PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 Plaintiff DEBORAH A. HUNSICKER 1180 & 1182 OYSTER MILL ROAD CAMP HILL, PA 17011 -1058 Defendant 01 THE PROTHOJCL°. NQI'Ait 2013 NOV 21 AMID: 29 GUM E RLAND 'COUNTY P NNSYLVAN1A ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO, O) 1. t CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSUI 4 File H. 318655 e We here certify that within to bi a fnjeand comactcopy C naj o read 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 tiling 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 FORTII 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 NFORMATION 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 Plaintiff is PHH MORTGAGE CORPORATION, F/KlA ERA MORTGAGE 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ08O54 The name(s) and last known address(es) of the Defendant(s) are: DEBORAH A. HUNSICKER 1l80&il82OyS7ER MILL ROAD CAMP HILL, PAl7Ull-1O58 who is/are lhe mortgagor(s) and/or real of (he property hereinafter deseribed. 3. On l0/04/2OO4 DEBORAH &HUN8lCKER made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office ofthc Recordev of Deeds ofCUMBE.RLAND Couiity, in Book 1883, Page 4697. Said mortgage was modified as set forth in the modification agreement recorded 5/14/2008 Mortgage Doo\#:3008l5845. Said mortgage was modified as set forth in the rnodification agreement recorded i)/l4/20ll Mortgage }nxt#:20113158g. The mortgage and assignment(s), if any, are matters ofpub]ic record and are incorporated hercin by reference in accordance with Pa.R.C.P. 1019(o); which Rule relieves tbe 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 10/01/2012 and each month thereafter arc due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after u date xpocifiod by written notice sent to Mortgagor, the entire p.rincipal balance and all interest due thereon are col Iectible forthwith. 6. The following amounts are clue on the mortgage as of 08/30/2013: • Principal Balance $75,097.71 Interest $4,742,76 09/01/2012 through 08/30/2013 Late Charges $196.38 Property Inspections $180.00 Escrow Deficit $3,232.95 TOTAL $83,449.80 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. 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. rile #: 3 18655 WHEREFORE, Plaintiff demands an in re judgment against the Defendant(s) in the sum of $83,449.80, together with interest, costs, fees, and charges collectible under the rnortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. By: Fik#: 318655 ;AL jNAN, LLP shwood, Esq., Attorney , or Plaintiff LEGAL DESCRIPTION AL— the following described tracts of land situate in East Pennsboro Township in ihe County of C:umberland, State of Pennsyl nia to wit: TRACT NO.1: BEGINNING at an iron pin at the corner of land late of Norman S. Shade and iow water rnark of the Conodoguinet Creek; thence northwardly along the course of said Creek 100 feet to an iron pin at low water mark in said Creek; thence eastwardly along land late of Edward B. MoC(uno250 feet k» an iron pin; thence southwardly along land late o[ Jacob Kohler 84 feet to an iron pin; thence westwardly along land late .of Norman S. Shade 280 feet to an iron pin, the place nfBEGINNING. IIAVING THEREON ERECTED a frarne cottage known as 1l82 Oyster Mill Road, Camp Hill, UNDE AND SUBJECT to restrictions and reservations as set forth in Deed Book L-1 4, Page 501 . TRACT NO.2: J3EGrNNING at a point on the eastern line of the Conodoguinet Creek at the southern line of lands now or formerly ofJacob Kohler Estate; thence along line of said lands, South 81 degrees East, 199 feet to bolt; thence continuing along the same, South 03 degrees 01 minute East, 84 feet to a point at line of lands now or forinerly ofHarriet A. Rosenbergei; thence along (inc ofsaid lands, North 86 degrees 09 minutes West, 216 feet to a point on the eastern side of the Conodoguinet Creek; thence along said Creck, North 08 degrees |4 minutes East, 101,56 feet to a point, the place of BEGINNING. nuo:u*a5 SAID TRACT No.2 being described in accordance with a survey by D. P. Raffensperger Associates dated April JO, 1978, which said survey is a consolidation of two tracts from a previous deed. Said survey is recorded with Record Book 27-U, Page 516. 'UNDER AND SUBJECT to restrictions and reservations as set forth in Record Book 27-U, Page 516. BEING THE SAME PREMISES which Craig Barnhart, Executor of the Estate of Dick S. Barnhart, by deed to be recorded simultaneously herewith in the Office of the Recorder of Deeds of Cumberland County, granted and conveyed unto Deborah A. Hunsicker. PROPERTY ADDRESS; 1180 & 1182 OYSTER MILL RO.AD, CAMP HILL, PA 17011- 1058 PARCEL # 09-16-1054-057 File 6: 318655 FORM i IN THE COURT OF COMMON PLEAS PI111 MORTGAGE CORI'ORAT1ON, F /K /A ERA OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE VS. DEBORAH A. NIJNSICKER Plaintiff(s) Dcfendant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court - supervised conciliation conference in an effort to resolve. this matter with your lender. if you do not hove a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you Once you have been appointed a legal representative., you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. if you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a Request for Conciliation Conference with the Court, which must be tiled with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by n lawyer, you and your lawyer roust take the following steps tone 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 Hoist provide your lawyer with all requested financial information so that a loan resolution proposal can he prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file n Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. iF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Date cd: irushwand. Esq,, Id. No.310592 for Plaintiff FORM 2 Cumberland County .Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Co on Pleas Docket # BORROWER REQUEST FOR HARDSHI.P 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: Borrower name(s): Property Address: City: Is the property for sale? Realtor Name: State: Zip: Yes ❑ No 0 Listing date: Price: $ Realtor Phone: Borrower Occupied? Yes lw1 No L Mailing Address (if different): City: Phone Numbers: Email: # of people in household: Mailing Address: City: Phone Numbers: Email: # of people in household: First Mortgage Lender: Type of Loan: Loan Number: Second Mortgage Lender: Type of Loan: Loan Number: State: Zip: Office: Other: Home: Cell: Flow long? State: _Zip: Home: Cell: Office: Other: How on Date You Closed Your Loan: Total Mortgage Payments Amount: $ included Taxes & insurance:.______, Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes [1:1 No If yes, provide names, location of court, case number & attorney: Assets_ Amount Owed:, Home: Other Real Estate: Retirement Funds: $ Investments: Checking: Savings: Other: Automobile #I Amount owed: Value: Automobile #2: Model: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year_ Amount owed: Value Year: Year: Monthly Income Name of Employers: Monthly Gross Monthly Net 2. Monthly 'Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not-wages): r. motithIV 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 Mortple Food 2"6—Mortege Utilities Car Payment(s) Condo/Neigh. Fees Med. (not covered) Other p_t_op_._payment Cable TV Auto insurance Auto fuel/repairs install, Loan Payment Child Support/Alim. Spending Money Other Expenses Day/Child Care/Tuit. Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a }lousing Counseling Agency? YesD No 1:1 If yes, please provide the following information: Counseling Agency: Phone (Office): Fax: Counselor: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) aSSistance? Yes CD No [3 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? YesD No [I] 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:. 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. 1/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 thc following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) VERIFICATION William eellowri , hereby states that i the is Assistant Vice President0 , PHH MORTGAGE CORPORATION, servicing agent for Plaintiff in this matter, that he /she is authorized to make this Verification, and verify that the statements made in the foregoing Civil . Action in Mortgage Foreclosure are true and correct to the best of his /her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. By PHH Mortgage Corporation, Its authorized agent, Date: / /e/ e/ tty William Bellows Assistant Vice President PHH Mortgage Corporation PHS #: 318655 Name: HUNSIC.KER File #: 318655 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY too at earbO04.74 OFPICG OF THE PG PHH Mortgage Corporalon vs. Deborah A. Hunsicker Case Number 2013 -6907 SHERIFF'S RETURN OF SERVICE 11/25/2013 02:10 PM - Deputy Brian Grzyboskl, being duly sworn according to law, 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: Deborah A, Hunsicker at 11808e 1182 Oyster' Mill Road, East Pennsboro Township, Camp HIII, PA 17011. SHERIFF COST: 844.95 November 26, 2013• SO ANSWERS, R NY R ANDERSON, SHERIFF PHELAN HALLINAN, LLP D. Troy Sellars, Esq., Id. No. 210302 126 Locust Street Harrisburg, PA 17101 215 -563 -7000 x 1360 PHH MORTGAGE CORPORATION, F/KIA ERA MORTGAGE 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 Plaintiff v. DEBORAH A. HUNSICKER 1180 & 1182 OYSTER MILL ROAD CAMP HILL, PA 17011 -1058 Defendant Attorney for Plaintiff Court of Common Pleas Civil Division No. 13- 6907 -CIVIL Cumberland County CERTIFICATION OF SERVICE I, D. Troy Sellars, Esquire, certify that I caused true and correct copies of Plaintiff's Motion to Lift Conciliation Stay and proposed Order to be sent sent via first class mail to the person listed below on the date indicated: DEBORAH A. HUNSICKER 1180 & 1182 OYSTER MILL ROAD CAMP HILL, PA 17011 -1058 Date: y /0 //y 812413 By: D. Tro ellars, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 Plaintiff v. DEBORAH A. HUNSICKER 1180 & 1182 OYSTER MILL ROAD CAMP HILL, PA 17011-1058 Defendant AND NOW, this ORDER 1'?' day of 4,0; Court of Common Pleas Civil Division No. 13-6907-CIVIL Cumberland County , 2014, upon consideration of Plaintiff s Motion to Lift Conciliation Stay in the above captioned matter, it is hereby ORDERED and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed with its Mortgage Foreclosure Action. cc : Oeborah A. Hunsicker A. Troy Sellars, Esq., Id. No. 210302 Attorney for Plaintiff 812413 PHELAN HALLINAN, LLP D. Troy Sellars, Esq., Id. No. 210302 126 Locust Street Harrisburg, PA 17101 215 -563 -7000 x 1360 DEBORAH A. HUNSICKER 1180 & 1182 OYSTER MILL ROAD CAMP HILL, PA 17011 -1058 812413 PHELAN HALLINAN, LLP r 1 Michael Dingerdissen, Esq., Id. Isildl4t:1 , g, i,(ei:l 1617 JFK Boulevard, Suite 1400 PL1';'7SYLVAHI One Penn Center Plaza Philadelphia, PA 19103 Michael.Dingerdissen@phelanhallinan.com 215 -563 -7000 Attorney for Plaintiff PHH MORTGAGE CORPORATION, : CUMBERLAND COUNTY F /K/A ERA MORTGAGE . COURT OF COMMON PLEAS vs. : CIVIL DIVISION DEBORAH A. HUNSICKER No. 13 -6907 -CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against DEBORAH A. HUNSICKER, 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 83,449.80 $83,449.80 I hereby certify that (1) the Defendant's last known address is 1180 & 1 182 OYSTER MILL ROAD, CAMP HILL, PA 17011 -1058, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date Michael Dingerdissen, Esq., Id. No.317124 Attorney for Plaintiff DAMAGES ARE H REBY ASSESSED AS INDICATED. DATE: 5 Al iq a INA �►I 14. ' U 812413 I11a35'S C2 *3D� 3. M5 e r PHELAN HALLINAN, LLP Michael Dingerdissen, Esq., Id. No.317124 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 M ichael.Di ngerdissen @phelanhalli nan.com 215 -563 -7000 PHH MORTGAGE CORPORATION, F /K/A ERA MORTGAGE vs. DEBORAH A. HUNSICKER Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION No. 13 -6907 -CIVIL AFFIDAVIT OF NON - MILITARY SERVICE The undersigned attorney hereby verifies that he /she is the attorney for the Plaintiff in the above - captioned matter, and that on information and belief, he /she has knowledge of the following facts, to wit: (a) that the defendant(s) DEBORAH A. HUNSICKER is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, as amended. (b) that defendant DEBORAH A. HUNSICKER is over 18 years of age and resides at 1180 & 1182 OYSTER MILL ROAD, CAMP HILL, PA 17011 -1058. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date /.4/11-t Phelan Hallinan, LLP Michael Dingerdissen, Esq., .Id. No.3171.24 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215 -563 -7000 812413 Department of Defense Manpower Data Center Results as of May-28-2014 121450 AM SCRA 3.0 Status Report Pursuant to Servicemembers Civil Relief Act Last Name: HUNSICKER First Name: DEBORAH Middle Name: A Active Duty Status As Of: May-28-2014 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 achy e duty status within 367 days preceding the Active Duty Status Date 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. Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Member or His/Her Unit Was Notified of a Future Order Notification End Date Call-Up to Active Duty on Active Duty Status Date Status Service Component Order Notification Start Date 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. Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 (Rule of Civil Procedure No. 236) - Revised PHH MORTGAGE CORPORATION, F /K/A ERA MORTGAGE : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. DEBORAH A. HUNSICKER : CIVIL DIVISION : No. 13-6907-CIVIL against you on Notice is given that a Judgment in the above captioned matter has been entered -X1 )111 By: If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Michael Dingerdissen, Esq., Id. No.317124 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.** 812413 PHH MORTGAGE CORPORATION, F /K /A ERA MORTGAGE v. DEBORAH A. HUNSICKER Plaintiff Defendant(s) TO: DEBORAH A. HUNSICKER 1 180 & 1182 OYSTER MILL ROAD CAMP HILL, PA 17011 058 DATE (_)F NO`ITCE: 12/ COURT OF COMMON PLEAS CIVIL DIVISION NO. 13-6907-CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR AT °TEMPTING TO COLLEGE A DEBT. `PHIS 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 THIN 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 IUDGMENT MAY BE ENTERED AG_ALNST 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 Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: PH it 812413 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE. PA 17013 (717) 249 -3166 obeski, I'istl., Id. No 200392 Attorn for Plaintiff Pheltt Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 PHIl Mortgage Corporation, f/k/a Era Mortgage Plaintiff V. Deborah A. Hunsicker ' Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 05/30/2014 to Date of Sale ($13.72 per diem) TOTAL Note: Please attach description of property. PH # 812413 Cu4 sb c' 44. cls e_EF 1Lb.soL k1/4 °13 / COURT OF COMMON PLEAS CIVIL DIVISION NO.: 13 -6907 -CIVIL : CUMBERLAND COUNTY $83,449.80 $2,579.36 $86,029.16 P Ian allinan, LLP Paul sman, Esq., Id. No.318079 Attorney for Plaintiff lootaS")bul , 5•61.-L, 1C---171 gus? n SO-i(nD Jtar -14-2STL'eci LEGAL DESCRIPTION ALL the following described tracts of land situate in East Pennsboro Township in the County of Cumberland, State of Pennsylvania to wit: TRACT NO.1: BEGINNING at an iron pin at the corner of land late of Norman S. Shade and low water mark of the Conodoguinet Creek; thence northwardly along the course of said Creek 100 feet to an iron pin at low water mark in said Creek; thence eastwardly along land late of Edward B. McClune 259 feet to an iron pin; thence southwardly along land late of Jacob Kohler 84 feet to an iron pin; thence westwardly along land late of Norman S. Shade 280 feet to an iron pin, the place of BEGINNING. HAVING THEREON ERECTED a frame cottage known as 1182 Oyster Mill Road, Camp Hill, Pennsylvania. UNDER AND SUBJECT to restrictions and reservations as set forth in Deed Book L-14, Page 501. TRACT NO.2: BEGINNING at a point on the eastern line of the Conodoguinet Creek at the southern line of lands now or formerly of Jacob Kohler Estate; thence along line of said lands, South 81 degrees East, 199 feet to bolt; thence continuing along the same, South 03 degrees 01 minute East, 84 feet to a point at line of lands now or formerly of Harriet A. Rosenberger; thence along line of said lands, North 86 degrees 09 minutes West, 216 feet to a point on the eastern side of the Conodoguinet Creek; thence along said Creek, North 08 degrees 14 minutes East, 101.56 feet to a point, the place of BEGINNING. SAID TRACT No.2 being described in accordance with a survey by D. P. Raffensperger Associates dated April 10, 1978, which said survey is a consolidation of two tracts from a previous deed. Said survey is recorded with Record Book 27-U, Page 516. UNDER AND SUBJECT to restrictions and reservations as set forth in Record Book 27-U, Page 516. BEING THE SAME PREMISES which Craig Barnhart, Executor of the Estate of Dick S. Barnhart, by deed to be recorded simultaneously herewith in the Office of the Recorder of Deeds of Cumberland County, granted and conveyed unto Deborah A. Hunsicker. TITLE TO SAID PREMISES IS VESTED IN Deborah A. Hunsicker, by Deed from Craig Barnhart, Executor under the Last Will and Testament of Dick S. Bernhart, deceased, dated 10/04/2004, recorded 10/11/2004 in Book 265, Page 3411. PREMISES BEING: 1180 & 1182 Oyster Mill Road, Camp Hill, PA 17011-1058 PARCEL NO. 09-16-1054-057 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 16 rt; 1.73 fl'a3EFiLr:1,'--;ID COW! r: PFNNS YL. VA NIA PHH Mortgage Corporation, f/k/a Era Mortgage Plaintiff V. Deborah A. Hunsicker Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION • : NO.: 13 -6907 -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.S.A. § 4904 relating to unsworn falsification to authorities. By: P Hallinan, LLP Paul ressman, Esq., Id. No.318079 Attorney for Plaintiff PHH Mortgage Corporation, f/k/a Era Mortgage COURT OF COMMON PLEAS Plaintiff f v. Deborah A. Hunsicker Defendant(s) CIVIL DIVISION NO.: 13 -6907 -CIVIL CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 PHH Mortgage Corporation, f/k/a Era Mortgage, 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 1180 & 1182 Oyster Mill Road, Camp Hill, PA 17011-1058. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Deborah A. Hunsicker 1180 & 1182 Oyster Mill Road, Camp Hill, PA 17011-1058 2. Name and address of Defendant(s) in the judgment: Name Deborah A. Hunsicker Address (if address cannot be reasonably ascertained, please so indicate) 1180 & 1182 Oyster Mill Road Camp Hill, PA 17011-1058 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 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 PH # 812413 f Tenant/Occupant George K. Hunsicker George K. Hunsicker C/O Samuel Andes, Esq. 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 reasonably ascertained, please indicate) 1180 & 1182 Oyster Mill Road Camp Hill, PA 17011-1058 1156 Oyster Mill Road Camp Hill, PA 17011 525 N. 12th Street P.O. Box 168 Lemoyne, PA 17043-1245 6th Floor, Strawberry Sq. Dept 280601 Harrisburg, PA 17128 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: PH # 812413 allinan, LLP Paul ssman, Esq., Id. No.318079 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 PHH Mortgage Corporation, f/k/a Era Mortgage r a. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION vs. : NO.: 13 -6907 -CIVIL Deborah A. Hunsicker Defendant(s) : Cumberland County rn NOTICE OF SHERIFF'S SALE OF REAL PROPERTY -.- • TO: Deborah A. Hunsicker Deborah A. Hunsicker r-- 1180 & 1182 Oyster Mill Road 225 Wyoming Ave r C) Camp Hill, PA 17011-1058 Enola, PA 17025-2433 C.) %_0 ' • **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 1180 & 1182 Oyster Mill Road, Camp Hill, PA 17011-1058 is scheduled to be sold at the Sheriffs Sale on 12/03/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $83,449.80 obtained by PHH Mortgage Corporation, f/k/a Era Mortgage (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 Sheriffs 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 s* will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 13 -6907 -CIVIL PHH Mortgage Corporation, f/k/a Era Mortgage v. Deborah A. Hunsicker owner(s) of property situate in the EAST PENNSBORO TOWNSHIP, CUMBERLAND County, Pennsylvania, being 1180 & 1182 Oyster Mill Road, Camp Hill, PA 17011-1058 Parcel No. 09-16-1054-057 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $83,449.80 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL the following described tracts of land situate in East Pennsboro Township in the County of Cumberland, State of Pennsylvania to wit: TRACT NO.1: BEGINNING at an iron pin at the corner of land late of Norman S. Shade and low water mark of the Conodoguinet Creek; thence northwardly along the course of said Creek 100 feet to an iron pin at low water mark in said Creek; thence eastwardly along land late of Edward B. McClune 259 feet to an iron pin; thence southwardly along land late of Jacob Kohler 84 feet to an iron pin; thence westwardly along land late of Norman S. Shade 280 feet to an iron pin, the place of BEGINNING. HAVING THEREON ERECTED a frame cottage known as 1182 Oyster Mill Road, Camp Hill, Pennsylvania. UNDER AND SUBJECT to restrictions and reservations as set forth in Deed Book L-14, Page 501. TRACT NO.2: BEGINNING at a point on the eastern line of the Conodoguinet Creek at the southern line of lands now or formerly of Jacob Kohler Estate; thence along line of said lands, South 81 degrees East, 199 feet to bolt; thence continuing along the same, South 03 degrees 01 minute East, 84 feet to a point at line of lands now or formerly of Harriet A. Rosenberger; thence along line of said lands, North 86 degrees 09 minutes West, 216 feet to a point on the eastern side of the Conodoguinet Creek; thence along said Creek, North 08 degrees 14 minutes East, 101.56 feet to a point, the place of BEGINNING. SAID TRACT No.2 being described in accordance with a survey by D. P. Raffensperger Associates dated April 10, 1978, which said survey is a consolidation of two tracts from a previous deed. Said survey is recorded with Record Book 27-U, Page 516. UNDER AND SUBJECT to restrictions and reservations as set forth in Record Book 27-U, Page 516. BEING THE SAME PREMISES which Craig Barnhart, Executor of the Estate of Dick S. Barnhart, by deed to be recorded simultaneously herewith in the Office of the Recorder of Deeds of Cumberland County, granted and conveyed unto Deborah A. Hunsicker. TITLE TO SAID PREMISES IS VESTED IN Deborah A. Hunsicker, by Deed from Craig Barnhart, Executor under the Last Will and Testament of Dick S. Bernhart, deceased, dated 10/04/2004, recorded 10/11/2004 in Book 265, Page 3411. PREMISES BEING: 1180 & 1182 Oyster Mill Road, Camp Hill, PA 17011-1058 PARCEL NO. 09-16-1054-057 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 PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE Vs. NO 13-6907 Civil Term CIVIL ACTION — LAW DEBORAH A. HUNSICKER 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: $83,449.80 L.L.: $.50 Interest FROM 5/30/2014 TO DATE OF SALE ($13.72 PER DIEM) - $2,579.36 Atty's Comm: Atty Paid: $193.70 Plaintiff Paid: Date: 6/16/14 (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 Due Prothy: $2.25 Other Costs: David D. Buell, Prothonot Deputy AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE DEFENDANT DEBORAH A. HUNSICKER SERVE DEBORAH A. HUNSICKER AT: 1180 & 1182 OYSTER MILL ROAD CAMP HILL, PA 17011-1058 SERVED PH # 812413 SERVICE TEAM/ lxh COURT NO.: 13 -6907 -CIVIL TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: December 3, 2014 Served and made known to DEBORAH A. HUNSICKER, Defendant on the 3 qday of 1 U 1y , 20 14; at g: 4s-, o'clock T. M., at (18A tt, 11 it Oys ISR Mu- u- , in the manner described below: V Defendant personally served. eibi,tP 1.0 P� 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 5) Height 513'. Weight 11' D Race W Sex Other Ronald Moll I, , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. C DATE: NAME: Ronald Moll PRINTED NAME: Process Server TITLE: NOT SERVED On the dayof 20_, at o'clock . M., I, state that Defendant NOT FOUND because: Vacant Does Not Exist , a competent adult hereby _ Moved _ Does Not Reside (Not Vacant) _ No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 510 g:f.'s..) fr~rt�� rri 0:3 i C1-' —i r\.) ---i r, 'C w.) 5 341- 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 PHH MORTGAGE CORPORATION, F/K/A ERA : MORTGAGE Plaintiff v. DEBORAH A. HUNSICKER Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on November 21, ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division c-� J- CUMBERLAND Cot@'y- r. No.: 13 -6907 -CIVIL -<H-7: 1 CD 2013. 2. Judgment was entered on May 29, 2014 in the amount of $83,449.80. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 3, 2014. 812413 1 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through June 16, 2014 Late Charges Legal fees Cost of Suit and Title Property Inspections Appraisal/Brokers Price Opinion Mortgage Insurance Premium/ Private Mortgage Insurance Escrow to be Paid Escrow Deficit Escrow Credit $75,097.71 $8,527.84 $196.38 $1,900.00 $418.70 $258.75 $538.00 $56.00 $1,981.93 $4,847.25 ($6,512.31) TOTAL $87,310.25 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on July 23, 2014 and requested the Defendants Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 812413 2 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 April 14, 2014. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: By: Phelan Hallinan, LLP M. Etkowicz, Esquire EY FOR PLAINTIFF 3 812413 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 PHH MORTGAGE CORPORATION, F/K/A ERA : Court of Common Pleas MORTGAGE Plaintiff Civil Division v. CUMBERLAND County DEBORAH A. HUNSICKER No.: 13 -6907 -CIVIL Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE DEBORAH A. HUNSICKER 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 1180 & 1182 OYSTER MILL ROAD, CAMP HILL, PA 17011-1058. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 812413 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 Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 812413 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 Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 812413 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. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 812413 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). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 812413 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 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. 812413 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 812413 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: --7, By: Phelan Hallinan, LLP Jonath. Etkowicz, Esquire Attorn • Plaintiff 8 812413 Exhibit "A" 812413 PHELAN HALLINAN, LLP Michael Dingerdissen, Esq., Id. No. 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Michael.Dingerdissen@phelanhallinan.com 215-563-7000 w4J _ 20111e� Y rH'� o T. t 29 rUMBER ii IG: 5, 31712RENNSYL V COUNTY A N11 A Attorney for Plaintiff PHH MORTGAGE CORPORATION, : (1,p COUNTY F/K/A ERA MORTGAGE vs. : CIVIL DIVISION COURT OF COMMON PLEAS DEBORAH A. HUNSICKER : No. 13 -6907 -CIVIL Attorney Ftp t, PRAECIPE FOR IN REM JUDGIOENTY6li FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against DEBORAH A. HUNSICKER, 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 wortgaged premises, and assess Plaintiff's damages as follows: Atter r' .. Lank As set forth in Complaint $83,449.80 TOTAL $83,449.80 I hereby certify that (1) the Defendant's last known address is 1180 & 1182 OYSTER MILL ROAD, CAMP HILL, PA 17011-1058, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date 5/.Z$1 l't Michael Dingerdissen, Esq., Id. No.317124 Attorney r Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: S I 1N 812413 4 Exhibit "B" 812413 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 July 17, 2014 DEBORAH A. HUNSICKER 1180 & 1182 OYSTER MILL ROAD CAMP HILL, PA 17011-1058 RE: PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE v. DEBORAH A. HUN SICKER Premises Address: 1180 & 1182 OYSTER MILL ROAD CAMP HILL, PA 17011 CUMBERLAND County CCP, No. 13 -6907 -CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 7/22/2014. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Joi ` i=z M. ` k. �"':_, Esq., Id. No.208786 A for Plaintiff 812413 Name and Address Of Sender Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza J Line Article Number Name of Addressee, Street, and Post Office Address Postage 1 **** DEBORAH A. HUNSICKER $0.47 1180 & 1182 OYSTER MILL ROAD CAMP HILL, PA 17011-1058 2 **** DEBORAH A. HUNSICKER $0.47 225 WYOMING AVE ENOLA, PA 17025-2433 RE: DEBORAH A. HUNSICKER (CUMBERLAND) PH # 812413/1200 Page 1 of 1 $0.94 Total Number of Total Number of Pieces Postmaster, Per (Name of The full declaration of value is required on all domestic and international registered mail. The m Pieces Listed by Sender Received at Post Office Receiving Employee) for the reconstruction of nonnegotiable documents under Express Mail document reconstruction piece subject to a limit of 5500,000 per occurrence. The maximum indemnity payable on Exprei The maximum indemnity payable is 525,000 for registered mail, sent with optional insurance. S R900 5913 and S92I for limitations of coverage. Form 3877 Facsimile 812412 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 PHH MORTGAGE CORPORATION, F/K/A ERA : MORTGAGE Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division v. CUMBERLAND County DEBORAH A. HUNSICKER No.: 13 -6907 -CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. DEBORAH A. HUNSICKER 1180 & 1182 OYSTER MILL ROAD CAMP HILL, PA 17011-1058 DATE: `2/24/IN By: DEBORAH A. HUNSICKER 225 WYOMING AVE ENOLA, PA 17025-2433 Phel llina LLP Jonatha ATTO tkowicz, Esquire Y FOR PLAINTIFF 812413 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PHH MORTGAGE CORPORATION, F/K/A ERA : Court of Common Pleas MORTGAGE Plaintiff Civil Division CUMBERLAND County No.: 13 -6907 -CIVIL v. DEBORAH A. HUNSICKER Defendant AND NOW, this 2M day of RULE 2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT 812413 • 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 ...../1)EBORAH A. HUNSICKER 1180 & 1182 OYSTER MILL ROAD CAMP HILL, PA 17011-1058 tel �BORAH A. HUNSICKER 225 WYOMING AVE ENOLA, PA 17025-2433 812413 812413 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 PHH MORTGAGE CORPORATION, F/K/A ERA : MORTGAGE Plaintiff v. DEBORAH A. HUNSICKER Defendant X" -V h t!) tTl ern —ca S" En ATTORNEY FOR PLAINeiF `p c • ,, c' C-, Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -6907 -CIVIL MOTION TO EXTEND THE RETURN DATE ON PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff respectfully requests that the Court enter an Order granting Plaintiff's Motion to Extend the Return date on Plaintiff's Motion to Reassess Damages filed on July 24, 2014 in the above captioned matter and in support thereof avers as follows: 1. Plaintiff filed its Motion to Reassess Damages with the Court on July 24, 2014. 2. Thereafter, the Court issued a Rule to Show Cause on July 29, 2014, returnable on August 18, 2014. A true and correct copy of the Rule to Show Cause is attached hereto, made part hereof, and marked as Exhibit "A". 3. Plaintiff respectfully requests that the Court issue a new return date so Plaintiff can provide Defendants with appropriate notice and an opportunity to respond to the Motion to Reassess Damages. 812413 WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter the attached proposed Order and issue a new return date on the Plaintiff's Motion to Reassess Damages. DATE: hv By: Phelan Hallinan, LLP Jonat ATT obb, Esquire RNEY FOR PLAINTIFF 812413 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 PHH MORTGAGE CORPORATION, F/K/A ERA : Court of Common Pleas MORTGAGE Plaintiff Civil Division v. CUMBERLAND County DEBORAH A. HUNSICKER No.: 13 -6907 -CIVIL Defendant BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO EXTEND THE RETURN DATE ON PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff respectfully requests that the Court enter an Order granting Plaintiff's Motion to Extend the Return Date on Plaintiff's Motion to Reassess Damages filed on July 24, 2014 in the above captioned matter and in support thereof avers as follows: Plaintiff filed its Motion to Reassess Damages with the Court on July 24, 2014. Thereafter, the Court issued a Rule to Show Cause on July 29, 2014 returnable on August 18, 2014. Plaintiff respectfully requests that the Court issue a new return date so that Plaintiff can provide defendants with appropriate notice and an opportunity to respond to the Motion to Reassess Damages. This Court has plenary powers to administer equity according to well-settled principles of equity jurisprudence in cases under its jurisdiction. Cheval v. City of Philadelphia, 176 A.779, 116 Pa. Super.101 (1935). Moreover, it is also well settled that the Courts will lean to a liberal exercise of the power conferred upon them without encouraging technical niceties in the 812413 modes of procedure and forms of pleading. Gunnett v. Trout, 112 A.2d 333, 380 Pa.504 (1955). Finally, exhaustion of legal remedies is a prerequisite to the Court's exercise of its equitable powers. See 23 U. Pitt.L.Rev 547 (1961). WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter the attached proposed Order and issue a new return date on the Plaintiff's Motion to Reassess Damages. DATE: q/.B ly Phelan Hallinan, LLP By: Jo ,,�' an Lobb, Esquire ATTORNEY FOR PLAINTIFF 812413 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PHH MORTGAGE CORPORATION, F/K/A ERA Court of Common Pleas MORTGAGE Plaintiff Civil Division CUMBERLAND County No.: 13 -6907 -CIVIL v. DEBORAH A. HUNSICKER Defendant AND NOW, this 2M day of RULE 2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT CD c rnr= T— r w o1 1-4 CD rn-n xE N CTi 812413 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 DEBORAH A. HUNSICKER 1180 & 1182 OYSTER MILL ROAD CAMP HILL, PA 17011-1058 'C$ irbai.Lq aopf �BORAH A. HUNSICKER 225 WYOMING AVE ENOLA, PA 17025-2433 812413 812413 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 PHH MORTGAGE CORPORATION, F/K/A ERA : MORTGAGE Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division v. CUMBERLAND County DEBORAH A. HUNSICKER No.: 13 -6907 -CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. DEBORAH A. HUNSICKER 1180 & 1182 OYSTER MILL ROAD CAMP HILL, PA 17011-1058 DATE: By: DEBORAH A. HUNSICKER 225 WYOMING AVE ENOLA, PA 17025-2433 Phelan Hallinan, LLP Jon A Lobb, Esquire ORNEY FOR PLAINTIFF 812413 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION, F/K/A ERA : Court of Common Pleas MORTGAGE Plaintiff Civil Division v. CUMBERLAND County DEBORAH A. HUNSICKER No.: 13 -6907 -CIVIL Defendant ORDER AND NOW, this 2r day of £?.frI14il., 2014, upon consideration of Plaintiff s Motion to Extend the Return Date on Plaintiffs Motion to Reassess Damages, Plaintiffs Motion to Extend the Return Date is hereby granted; and It is hereby ORDERED and DECREED that the return date provided in the Court's July 29, 2014 Order is hereby extended from August 18, 2014 to 01121,y- 2644 Notice of the entry of this Order shall be provided to all parties by the Plaintiff. CiQ.5' J 1.43LL "D. ecic&__ 9/a2py (7) - ri --0 CD t 1 C.; -T1 c3 c f t 812413 4.* Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan. Lobb@phelanhal linan. com 215-563-7000 PHH MORTGAGE CORPORATION, F/K/A ERA : MORTGAGE Plaintiff vs. DEBORAH A. HUNSICKER Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's September 23, 2014 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. ATTORNEY FOR PLAINTIFF Court of Common Pleas a rn co m Civil Division CUMBERLAND C No.: 13 -6907 -CIV €=:# DEBORAH A. HUNSICKER 1180 & 1182 OYSTER MILL ROAD CAMP HILL, PA 17011-1058 DATE: By: DEBORAH A. HUNSICKER 225 WYOMING AVE ENOLA, PA 17025-2433 Phelan Hallinan, LLP Jon Lobb, Esq., Id. No.312174 Attorney for Plaintiff 812413 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 2f.`a fi r _ 1 (`: r ;L :5 . Attorney for Plaintiff COli IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION, F/K/A ERA CUMBERLAND COUNTY MORTGAGE Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION DEBORAH A. HUNSICKER Defendant(s) : No.: 13 -6907 -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 (Fo e i r Certified Mail Return Receipt stamped by the U.S. Postal Service is . ached her r `_. Date: 0 l 2.6 l4 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. sq., Id. No.318079 Atto - f,r Plaintiff PH # 812413 Name and Address Of Sender Phelan'Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 AZK/PZA - 12/03/2014 SALE Line Article Number Name of Addressee, Street, and Post Office Address Postage I? i., " - ., . �?""-`t o i u t ry - 1 **** TENANT/OCCUPANT 1180 & 1182 OYSTER MILL ROAD CAMP HILL, PA. 17011-1058 $0.47 + 2 **** Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division 6th Floor, Strawberry Sq. Dept 280601 Harrisburg, PA 17128 $0.47. ' ~ .i ''_ ej 3 **** Department of Public Welfare, TPL Casualty Unit, Estate Recovery Program P.O. Box 8486• Willow Oak Building Harrisburg, PA 17105 $0.47 V ,,.•�' 4 **v.* George K. Hunsicker 1156 OYSTER MILL ROAD CAMP HILL, PA 17011 $0,47 5 **** George K. Hunsicker C/O Samuel Andes, Esq. 525 N. 12TH STREET P.O. BOX 168 LEMOYNE, PA 17043-1245 $0.47 6 **** Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 $0.47 7 **** Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 $0.47 $0.47 8 **** 9 **** U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building 228 Walnut Street, Suite 220 PO Box 11754 Harrisbug, PA 17108-1754 $0.47 RE: DEBORAH A. I•IUNSICICER (CUMBERLAND) PH # 81.2413/1021 Page 1 of 1 Writ Team $4.23 Total Number of Pieces Listed by Sender Total Number of Pieces Received at Past Office Plusrmastcr, Per (Nome of Receiving Employee) The full declaration of value is required on all domestic and international registered mail. The mnrimum indemnity payable for the reconstruction of nonnegotiable documents under Express Mail document recnnstroction insurance is 550.000 per picec subject to a limit of S500.000 per occurrence. The maximum indemnity payable on Express Mail merchandise is S5(KI. The maximum indemnity payable is S25.000 fur regisiemd mail, sent with optional insurance. Sec Domestic Mail Manual Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 Le `i J' -it 1617 JFK Boulevard, Suite 1400 a n One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 ATTORNEY FOR PLAINTIFF COUIT PHH MORTGAGE CORPORATION, F/K/A ERA : Court of Common Pleas MORTGAGE Plaintiff Civil Division vs. CUMBERLAND County DEBORAH A. HUNSICKER No.: 13 -6907 -CIVIL Defendant MOTION TO MAKE RULE ABSOLUTE PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE, 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 July 24, 2014. 2. A Rule was issued by the Honorable Kevin A. Hess on or about September 23, 2014 directing the Defendant to show cause by October 17, 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 October 8, 2014 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit B. 4. Defendant failed to respond or otherwise plead by the Rule Returnable date of October 17, 2014. 812413 2 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs Motion to Reassess Damages. DATE: )00)2Aill By: Phelan Ha san, LLP 418404/ Justin F. Keski, sq., • . No.200392 Attorney / Plaintiff / ` 812413 Exhibit "A" IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION, >~/KIA ERA : Court of Common Pleas MORTGAGE Plaintiff Civil Division v. CUMBERLAND County DEBORAH A. HUNSICKER No.: 13 -6907 -CIVIL Defendant ORDER AND NOW, this 2r day of .S:rKA.r , 2014, upon consideration of Plaintiffs Motion to Extend the Return Date on Plaintiff s Motion to Reassess Damages, Plaintiff's Motion to Extend the Return Date is hereby granted; and It is hereby ORDERED and DECREED that the return date provided in the Court's July 29, 2014 Order is hereby extended from August 18, 2014 to Dt}vbv /? 2e✓tNotice of the entry of this Order shall be provided to all parties by the Plaintiff. BY TH p COURT: 'AtZ. J. 812413 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 PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE Plaintiff vs. DEBORAH A. HUNSICKER Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas 'c zni CUMBERLAND No.: 13-6907 CI 12 z Civil Division fV .r- 0 c) --a Y,13 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's September 23, 2014 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages silo not be granted was served upon the following individual on the date indicated be DEBORAH A. HUNSICKER 1180 & 1182 OYSTER MILL ROAD CAMP HILL, PA 17011-1058 DATE: By: DEBORAH A. HUNSICKER 225 WYOMING AVE ENOLA, PA 17025-2433 Phelan Hallinan, 1d, Joni: - r. Lobb, Esq., Id. No.312174 Attorney for Plaintiff 812413 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 PHH MORTGAGE CORPORATION, F/K/A ERA : Court of Common Pleas MORTGAGE Plaintiff Civil Division vs. CUMBERLAND County DEBORAH A. HUNSICKER No.: 13 -6907 -CIVIL Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. DEBORAH A. HUNSICKER 1180 & 1182 OYSTER MILL ROAD CAMP HILL, PA 17011-1058 DATE: By: Justin F. ► .eski, Esq., Id. No.200392 Attorn or Plaintiff DEBORAH A. HUNSICKER 225 WYOMING AVE ENOLA, PA 17025-2433 Phelan Ha a. , LLP 812413 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION, F/K/A ERA : Court of Common Pleas MORTGAGE Plaintiff vs. DEBORAH A. HUNSICKER Defendant ORDER Civil Division c., -,; CUMBERLAND Co ." , *' cp z- c-) =r_ `-4 �m No.:13-6907-CIVILwp to o r- --+c) .cc y. o n =cam c) C` C ___,ni s,"f' --c c) -4 AND NOW, this ZS' day of.►y✓ , 2014, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above 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 June 16, 2014 Late Charges Legal fees Cost of Suit and Title Property Inspections Appraisal/Brokers Price Opinion Mortgage Insurance Premium/ Private Mortgage Insurance Escrow to be Paid Escrow Deficit Escrow Credit $75,097.71 $8,527.84 $196.38 $1,900.00 $418.70 $258.75 $538.00 $56.00 $1,981.93 $4,847.25 ($6,512.31) TOTAL $87,310.25 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. co h+Lt J . KoL Eska /0/A9Py 812413 iF PiICEOTIION07;11 20A t.'011 -6 411/0: 04 CtINSERL ii0 coo r Y PENISYLVANIA 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE Plaintiff V. DEBORAH A. HUNSICKER Defendant(s) Attorney for Plaintiff : CIVIL DIVISION : No.: 13 -6907 -CIVIL NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriffs Sale scheduled for 12/0 has been continued until 02/04/2015 at 10:00 Date: PH # 812413 aptioned matter Paul essmau, sq., Id. No.3 18079 Attorney laintiff 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Attorney for Plaintiff PHH MORTGAGE CORPORATION, F/K/A ERA : MORTGAGE : CIVIL DIVISION Plaintiff v. : No.: 13 -6907 -CIVIL DEBORAH A. HUNSICKER Defendant(s) CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Notice of the Date of Continued Sheriffs Sale and Certificate of Filing were served by regular mail on -the person(s) on the date listed below: DEBORAH A. HUNSICKER 1180 & 1182 OYSTER MILL ROAD CAMP HILL, PA 17011-1058 Date: t PH# 812413 1 s (Y( DEB I : e - . NSICKER an, Esq., Id. No.318079 Atto s ev for Plaintiff