HomeMy WebLinkAbout13-7022 Supreme Court of Pennsylvania
Court d Co" Pleas
For Prothonotary Use Only:
CMJ`Co_yefr Sheet
CUMBERLANDi County Docket No:
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service ofpleadings or other papers as required bylaw or rules of court.
S Commencement of Action: El Complaint ❑ Writ of Summons ❑ Petition
E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking
C Lead Plaintiff's Name: PHH MORTGAGE Lead Defendant's Name: HOANG K. TRAN
T CORPORATION, F /K/A ERA MORTGAGE
I Are money damages requested? ❑ Yes 0 No Dollar Amount Requested: ❑ within arbitration limits
U (Check one) 0 outside arbitration limits
N Is this a Class Action Suit? ❑ Yes 0 No Is this an MDJ Appeal? ❑ Yes 0 No
A Name of Plaintiff/Appellant's Attorney: Jonathan Lobb, Esg , Id. No.312174, 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
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
❑ Intentional ❑ Buyer Plaintiff Administrative Agencies
❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment
❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections
❑ Nuisance ❑ Dept. of Transportation
❑ Premises Liability ❑ Statutory Appeal: Other
❑ Product Liability (does not
S include mass tort) ❑ Employment Dispute:
❑ Slander /Libel/ Defamation Discrimination
E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board
C ❑ Other:
T
I MASS TORT ❑ Other:
U ❑ Asbestos
N ❑ Tobacco
❑ Toxic Tort - DES
• Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS
• Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration
B ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment
❑ Ground Rent ❑ Mandamus
❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations
0 Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABILITY El Mortgage Foreclosure: Commercial ❑ Quo Warranto
• Dental ❑ Partition ❑ Replevin
• Legal ❑ Quiet Title ❑ Other:
• Medical ❑ Other:
❑ Other Professional:
Pa.R.CA 205.5 Updated 01/01/2011
r 7
T
NIA
PHELAN HALLINAN, LLP
Jonathan Lobb, Esq., Id. No.312174
1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF
One Penn Center Plaza
Philadelphia, PA 19103
215 -563 -7000
PHH MORTGAGE CORPORATION,
F /K/A ERA MORTGAGE COURT OF COMMON PLEAS
2001 BISHOPS GATE BLVD
MOUNT LAUREL, NJ 08054 CIVIL DIVISION
Plaintiff TERM
V. NO. . C ut ,
HOANG K. TRAN
20 CENTRAL BOULEVARD CUMBERLAND COUNTY
CAMP HILL, PA 17011 -4209
Defendant
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
File #: 320624
aq not
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:
HOANG K. TRAN
20 CENTRAL BOULEVARD
CAMP HILL, PA 17011 -4209
who is /are the mortgagor(s) and /or real owner(s) of the property hereinafter described.
3. On 07/23/2004 HOANG K. TRAN 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 1875, Page 0136. Said
Mortgage was modified as set forth in the modification agreement recorded February 7,
2011, in Instrument No. 201104559. The mortgage and assignment(s), if any, are matters
of public record and are incorporated herein by reference in accordance with Pa.R.C.P.
1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to
pleadings if those documents are of public record.
4. The premises subject to said mortgage is described as attached.
5. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 11/01/2012 and each month thereafter are due and unpaid, and by the terms
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 #: 320624
6. The following amounts are due on the mortgage as of 10/01/2013:
Principal Balance $135,534.34
Interest $2,710.68
10/01/2012 through 10/01/2013
Late Charges $122.50
Property Inspections $101.25
Escrow Deficit $3,516.62
TOTAL $141,985.39
7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment)
against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a
separate Action to establish that right, if such right exists. If Defendant(s) has/have
received a discharge of personal liability in a bankruptcy proceeding, this Action of
Mortgage Foreclosure is in no way an attempt to reestablish such personal liability
discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged
premises pursuant to Pennsylvania Law.
8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's
Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in
2008, and /or Notice of Default as required by the mortgage document, as applicable, have
been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as
provided by said notice has terminated because Defendant(s) has /have failed to meet with
the Plaintiff or an authorized consumer credit counseling agency, or has /have been denied
assistance by the Pennsylvania Housing Finance Agency.
File #: 320624
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$141,985.39, together with interest, costs, fees, and charges collectible under the mortgage
including but not limited to attorney fees and costs, and for the foreclosure and sale of the
mortgaged property.
PHELAN HALLINAN, LLP
By: —
Jo an Lobb, Esq., Id. No.312174
Attorney for Plaintiff
File #: 320624
LEGAL DESCRIPTION
ALL THAT CERTAIN tracts of Parcel of land and premises, situate, lying and being in the
Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more
particularly described as follows:
TRACT NO. 1:
BEGINNING at a point on the western line of Central Boulevard on the dividing line between
Lots Nos. 13 and 14, Block 'H' on the hereinafter mentioned Plan of Lots, said point being 150
feet south from the southwest corner of Central Boulevard and Green Street; thence in a
westwardly direction, along said dividing line, 150 feet to a point; thence in a southwardly
direction, along the eastern line of Lot No. 4, Block 'H' on said Plan, 25 feet to a point; thence in
an eastwardly direction, through the center of Lot No. 13, Block 'H' on said Plan, 150 feet to
Central Boulevard; thence in an northwardly direction, along the western line of Central
Boulevard, 25 feet, the place of BEGINNING.
BEING the northern one -half of Lot No. 13, Block 'H' on Plan of Lots known as Oakwood Park,
which Plan is recorded in the Cumberland County Recorder's Office in Plan Book 2, Page 59.
TRACT NO. 2:
BEGINNING at a point on the western line of Central Boulevard 100 feet southwardly from the
southwest corner of Green Street and Central Boulevard at the southern line of Lot No. 15;
thence westwardly along the southern line of Lot No. 15 150 feet to the eastern line of Lot No. 3;
Filet 320624
thence souhwardly along the eastern line of Lot No. 3, 50 feet to the northern line of Lot No. 13;
thence eastwardly, along the western line of Central Boulevard; and then northwardly, along the
western line of Central Boulevard, 50 feet to the place of BEGINNING.
BEING Lot No. 14, Block 'H' on Plan of Lots known as 'Oakwood Park', as laid out by the
Pennsylvania Realty and Development Company, which Plan is recorded in the Cumberland
County Recorder's Office in Plan Book 2, Page 59.
HAVING THEREIN ERECTED a single brick dwelling house known as No. 20 Central
Boulevard.
BEING THE SAME PREMISES which Keith B. Lucas and Tonya M. Lucas, by their deed to be
recorded simultaneously herewith in the Office of the Recorder of Deeds of Cumberland County,
granted and conveyed unto Hoang K. Tran.
PROPERTY ADDRESS: 20 CENTRAL BOULEVARD, CAMP HILL, PA 17011 -4209
PARCEL # 10 -21- 0277 -160.
File #: 320624
VERIFICATION
LAMbkf &AM5 J , hereby states that he /she is Affl. 186F 11AR�� PHH
MORTGAGE CORPORATION, Plaintiff in this matter, that he /she is authorized to make this
Verification, and verify that the statements made in the foregoing Civil Action in Mortgage
Foreclosure are true and correct to the best of his /her information and belief. The undersigned
understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating
to unsworn falsification to authorities:
By PHH Mortgage Corporation,
Its authorized agent,
Date: � a '
BY
Lamont Saafeton
Assistant Vice President
PHS #: 320624
Name: TRAN
File #: 320624
FORM 1
IN THE COURT OF COMMON PLEAS
PHH MORTGAGE CORPORATION, F/K/A ERA OF CUMBERLAND COUNTY, PENNSYLVANIA
MORTGAGE
Plaintiff(s)
VS.
HOANG K. TRAN 1 D
Defendant(s) 1 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 mW be able to
participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender.
If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference.
First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 2439400
extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you.
Once you have been appointed a legal representative, you must promptly meet with that legal representative within
twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all
requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal
representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a
Request for Conciliation Conference with the Court, which must be filed withthe Court within sixty (60) days of the
service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an
opportunity to meet with a representative of your lender in an attempt to work out reasonablearrangements with your
lender before the mortgage foreclosure suit proceeds forward.
If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a
conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal
representative. However, you must provide your lawyer with all requested financial information so that a loan resolution
proposal can be prepared on your behalf. If you and your lawyer complete a financal worksheet in the format attached
hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed
within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a concilition conference is
scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable
arguments with your lender before the mortgage foreclosure suit proceeds forward.
IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS
REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Respectfully submitted:
1112.5' IL3 `^ -
Date C=
onathan Lobb, Esq., Id. , -
No.312174
Attorney for Plaintiff < Cn
> C7 s
FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas Docket #
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance, your lender must consider your circumstances to determine
possible options while working with your counseling agency. Please provide the following information to
the best of your knowledge:
CUSTOM ER/PRI MARY APPLICANT
Borrower name(s):
Property Address:
City: State: Zip:
Is the property for sale? Yes ❑ No ❑ Listing date: Price: $
Realtor Name: Realtor Phone:
Borrower Occupied? Yes ❑ No ❑
Mailing Address (if different):
City: State: Zip
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
CO-BORROWER
Mailing Address:
City: State: -- Zip :
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
FINANCIAL INFORMATION
First Mortgage Lender:
Type of Loan:
Loan Number: Date You Closed Your Loan:
Second Mortgage Lender:
Type of Loan:
Loan Number:
Total Mortgage Payments Amount: $ Included Taxes & Insurance:
Date of Last Payment:
Primary Reason for Default:
Is the loan in Bankruptcy? Yes ❑ No ❑
If yes, provide names, location of court, case number & attorney:
Assets Amount Owed Value:
Home: $ $
Other Real Estate: $ $
Retirement Funds: $ $
Investments: $ $
Checking: $ $
Savings: $ $
Other: $ $
Automobile #l: Model: Year:
Amount owed: Value:
Automobile #2 : Model: Year:
Amount owed: Value:
Other transportation (automobiles, boats, motorcycles): Model:
Year: Amount owed: Value
Monthly Income
Name of Employers:
1. Monthly Gross Monthly Net
2. Monthly Gross Monthly Net
3. Monthly Gross Monthly Net
Additional Income Description (not wages):
1. monthly amount:
2. monthly amount:
Borrower Pay Days: Co- Borrower Pay Days:
Monthly Expenses: (Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage Food
2 nd Mortgage Utilities
Car Payment(s) Condo/Neigh. Fees
Auto Insurance Med. not covered
Auto fuel/repairs Other prop. payment
Install. Loan Payment Cable TV
Child Su ort/Alim. Spending Mone
Da /Child Care /Tuft. I I Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income & Expenses:
Have you been working with a Housing Counseling Agency?
Yes ❑ No ❑
If yes, please provide the following information:
Counseling Agency: Counselor:
Phone (Office): Fax:
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP)
assistance?
Yes ❑ No ❑
If yes, please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your
delinquency?
Yes ❑ No ❑
If yes, please indicate the status of those negotiations:
Please provide the following information, if known, regarding your lender and lender's loan servicing
company:
Lender's Contact (Name): Phone:
Servicing Company (Name):
Contact: Phone:
AUTHORIZATION
I /We, , authorize the above named
to use /refer this information to my lender /servicer for the sole purpose of evaluating my
financial situation for possible mortgage options. I /We understand that I /we am /are under no obligation to
use the counseling services provided by the above named
Borrower Signature Date
Co- Borrower Signature Date
Please forward this document along with the following information to lender and lender's
counsel:
1. Proof of income
2. Past 2 bank statements
3. Proof of any expected income for the last 45 days
4. Copy of a current utility bill
5. Letter explaining reason for delinquency and any supporting documentation (hardship
letter)
6. Listing agreement (if property is currently on the market)
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice
are served by entering a written appearance personally or by attorney and filing in writing with
the Court your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so, the case may proceed without you, and a judgment may be entered against you
by the Court without further notice for any money claimed in the Complaint or for any other
claim or relief requested by the plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY ATTORNEY
REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249 -3166
(800) 990 -9108
File #: 320624
SHERIFF'S OFFICE OF CUMBERLAND COUNTY v
Ronny R Anderson
`�+ `-}=
Sheriff TCirf... i"
�� kf�UPi/C, C t } �.�1,', i
MI Jody S Smith ' tJ �
Chief Deputy C.s.:A-i
Richard W Stewart
.:.;F CUM8EFLAN CQt ti t V
Solicitor oFF3f: OF THE SHERIFT: PENNSYLVANIA
PHH Mortgage Corporation Case Number
vs. 2013-7022
Hoan Tran
SHERIFF'S RETURN OF SERVICE
12/03/2013 03:45 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 handing
a true copy to a person representing themselves to be Hoang Tran, Grandfather, who accepted as"Adult
Person in Charge"for Hoan Tran at 20 Central Boulevard, Hampden To ship, Camp Hill, PA 17011.
.., ",,L //-3/
BRIAN GRZYBOSKI't PUTY
SHERIFF COST: $44.95 SO ANSWERS,
g ', ..-4.i
December 05, 2013 RONNW ANDERSON, SHERIFF
(c)CountySuite SYt•ritl,Teleosoft,Inc.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
PHH Mortgage Corporation,F/K/A ERA Mortgage Civil Action/Complaint In Mortgage
Plaintiff No: 2013-7022
•
vs.
•
Hoang K Tran C-y c
•
•
G -•-- -^"
Defendant(s)
•
ter`'
-
OF BANKRUPTCY W -c
COMES NOW the debtor(s), Hoang Khai Tran by counsel and informs the Court that the de s)filY4 a ;-.;.
tom,,_
Chapter 7 Bankruptcy Petition on January 1,2014, case number 1:14-bk-00003-MDF. The Judge in V9se s
Mary D France. The case was filed in the United States Bankruptcy Court, Middle District of Pennsylvania<The
Debtor(s)through his/her undersigned attorney, and would show the Court:
1. He/She has filed a petition for relief under Title 11, United States Code, in the United States Bankruptcy
Court for the Middle District of Pennsylvania,which bears the case no: 1:14-bk-00003-MDF.
2. Relief was ordered on January 1, 2014.
3. This action is founded on a claim from which a discharge would be a release or that seeks to
impose a charge on the property of the estate.
4. This is for informational purposes only, and does not constitute a notice of appearance by the
undersigned.
WHEREFORE,the debtor(s) suggests that this action has been stayed by the operation of 11 U.S.C. §362.
Le nard Zagursk• ,Jr,Es(
A orney for Debtor(s)#82436
IT IS HERBY CERTIFIED that a true copy of the foregoing Suggestion of Bankruptcy was delivered by regular mail and/or by
facsimile to Jonathan Lobb,Esquire,Phelan Hallinan LLP, 1617 JFK Boulevard,Suite 1400,One Penn Center Plaza,
Philadelphia,PA 19103 on this 7h day of January,2014.
Leona d agurskie, .r., • q.
Attorney for Debtor s)#: 436
Software Copyright(c)1996-2004 Best Case Solutions,Inc.-Evanston,IL-(800)492-8037 Best Case Bankruptcy
United States Bankruptcy Court
Middle District of Pennsylvania
Notice of Bankruptcy Case Filing �cs B;wwkra,
v
A bankruptcy case concerning the debtor(s) listed below was filed t _
under Chapter 7 of the United States Bankruptcy Code, entered on `.11 r ' 4 4 T
01/01/2014 at 12:57 AM and filed on 01/01/2014.
Hoang Khai Tran 151 ti
20 Central Blvd 0,1 Est V
Camp Hill, PA 17011
SSN/ITIN: xxx-xx-5723
The case was filed by the debtor's attorney: The bankruptcy trustee is:
Leonard Zagurskie,Jr Lawrence G. Frank(Trustee)
110 West Main Avenue, 1st Floor 100 Aspen Drive
Myerstown, PA 17067 Dillsburg, PA 17019
717 273-8090 717 234-7455
The case was assigned case number 1:14-bk-00003-MDF to Judge Mary D France.
In most instances, the filing of the bankruptcy case automatically stays certain collection and
other actions against the debtor and the debtor's property.Under certain circumstances,the
stay may be limited to 30 days or not exist at all, although the debtor can request the court to
extend or impose a stay. If you attempt to collect a debt or take other action in violation of
the Bankruptcy Code,you may be penalized. Consult a lawyer to determine your rights in
this case.
To view the bankruptcy petition and other documents filed in this case, please visit the
following Internet link: http://ecf.pamb.uscourts.gov/There is an .08 fee per page or page
view (charges do not apply up to the first per calendar year)and you must first register at this
web site: http://pacer.psc.uscourts.gov/Public access computer terminals are also available at
the Clerk's Office's two locations, 9:00 am to 4:00 pm, M-F (closed on all federal holidays):
Max Rosenn US Courthouse, 197 South Main Street, Wilkes-Barre, PA 18701 and Ronald
Reagan Federal Building and Courthouse, 228 Walnut Street, Harrisburg, PA 17101.
You may be a creditor of the debtor. If so,you will receive an additional notice from the
court setting forth important deadlines.
Terrence S. Miller
Clerk, U.S. Bankruptcy
Court
PHELAN HALLINAN, LLP
D. Troy Sellars, Esq., Id. No. 210302
126 Locust Street
Harrisburg, PA 17101
215 -563 -7000 x 1360
r r 't E
Cr
2511
CUtPENNS LVA}1 A �\;
Attorney for Plaintiff
PHH MORTGAGE CORPORATION' Court of Common Pleas
F/K/A ERA MORTGAGE
2001 BISHOPS GATE BLVD Civil Division
MOUNT LAUREL, NJ 08054
No. 13- 7022 -CIVIL
Plaintiff
v. Cumberland County
HOANG K. TRAN
20 CENTRAL BOULEVARD
CAMP HILL, PA 17011-4209
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 26, 2013, Plaintiff filed a Complaint in Mortgage Foreclosure
against Defendant for his failure to make monthly payments of principal and interest upon his
mortgage due November 1, 2012, and each month thereafter. A true and correct copy of the
Complaint is attached hereto, made part hereof and marked as Exhibit "A ".
2. On December 3, 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 Sheriff's Return of Service
is attached hereto, made part hereof and marked as Exhibit "B ".
3. On or about January 1, 2014, Defendant filed a voluntary petition under Chapter 7
of the United States Bankruptcy Code.
814382
4. By Order dated February 18, 2014, Plaintiff was granted relief from the automatic
stay as it pertains to the instant property. A true and correct copy of the Order is attached as
Exhibit C.
5. 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.
6. 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 Mid Penn Legal Services within the first twenty (20) days of receipt of
notice if not represented by counsel.
7. 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.
8. Defendant failed to opt into the Cumberland County Residential Mortgage
Foreclosure Diversion Program within sixty (60) days of service.
9. Since Defendant has opted not to participate in the Diversion Program, it is
appropriate for the stay to be lifted.
(rest of page intentionally left blank)
814382
WHEREFORE, Plaintiff respectfully requests that this matter be removed from the
Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic
stay be lifted.
Date: 3 BY:
814382
Respectfully submitted,
PHE1ANijAL, AN, LLP
D. Troy 11ars, Esquire
Attorney for Plaintiff
Exhibit "A"
PHELAN HALLINAN, LLP
Jonathan Lobb, Esq., Id. No.312174
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
v,,
HOANG K. TRAN
20 CENTRAL BOULEVARD
CAMP HILL, PA 17011-4209
Defendant
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CUMBERLAND COUNTY
PEN SYLVANIA
ATTORNEY FOR PLAINTIFF
COURT OFCOMMON PLEAS
CIVIL DIVISION
TERM
NO. S Oal. id
CUMBERLAND COUNTY
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGA FORECLOSURE
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File #: 320624
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led di recnd
PHH MORTGAGE CORPORATION, F /K /A ERA
MORTGAGE
vs.
HOANG K. TRAN
�J
Plaintiff(s)
Defendant(s)
FORM t
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
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 tn' be able to
participate in a court - supervised conciliation conference in an effort to resolve this matter with your lender.
If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference.
First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243.9400
extension 2510 or (800) 822 -5288 extension 2510 and request appointtnatt 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 withthe Court within sixty (60) days of the
service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an
opportunity to meet with a representative of your lender in an attempt to work out reasonablearrangements with your
lender before the mortgage foreclosure suit proceeds forward.
If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a
conciliation conference. It is not necessary for you to contactMidPenn 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,forntat attached
hereto, your lawyer will prepare and file a Request for Conciliation Conference wilt the Court, which must be filed
within sixty (60) clays of the service upon you of the foreclosure complaint. lfyou do so and u concilation conference is
scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable
arguments with your lender before the mortgage foreclosure suit proceeds forward.
IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS
REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE,
L1.2-2_15'
Date
Respectfully submitted:
bnathan Lobb, Esq., Id.
No.312174
Attorney for Plaintiff
FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas Docket #
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance, your lender must consider your circumstances to determine
possible options while working with your counseling agency. Please provide the following information to
the best of your knowledge:
Borrower name(s):
Property Address:
City: Suite: _ Zip:
Is the property for sale? Yes ❑ No El Listing date: State:___ $ , µ�
Realtor Name: Realtor Phone:
Borrower Occupied? Yes ❑ No Q
Mailing Address (if different):
City: State:._
Phone Numbers: Home: Office:
Cell: Other:,
Email:
# of people in household: How long?
Mailing Address:
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
First Mortgage Lender:
Type of ;Loan:
I,c)an Number: .Date You Closed Your Loan:
Second Mortgage Lender:
Type of Loan:
Loan Number:
Total Mortgage Payments Amount: $ Included Taxes & Insurance:,.__+_w,_
Date of Last Payment:
Primary Reason for Default:
Is the loan in Bankruptcy? Yes El No ID
If yes, provide names, location of court, case number & attorney;
4t_sseis
Home:
Other Real Estate:.
Retirement Funds:
Investments:
Checking:
Savings:
Other:
.Amount Owed:
$,
$
$
Automobile #1: Model: Year:._
Amount owed: Value:
Automobile #2: Model:
Amount owed: Value:
Other transportation (automobiles, boats, motorcycles): Model:
Year:; Amount owed: Value
Year:
Monthly Income
Name of Employers:
Monthly Gross Monthly Net
2, ivIonthly 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
Amo-uNT
EXPENSE
AMOUNT .
' ort e,
. _ —
Food
2IId Mortgage
Utilities
Car Payment(s)
Condo/Neish, Fees
Med, (not covered)
Other prop. payment
Cable TV , .
...........—.-___.— .
Auto insurance
..
Auto fuel/repairs
Install. Loan Payment
Child Support/Alim.
spending Money
Other Expenses-,
,.
—_
Day/Child Careffuit,
Amount Available for Monthly Mortgage Payments Based on Income & Expenses:
Have you been working with a Housing Counseling Agency?
Yes El No rj
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, ifknown, regarding your lender and lender's loan servicing
company:
Lender's Contact (Name): Phone:
Servicing Company (Name):
Contact: Phone :.
AIM I()RIZA'I'ION
1 /We,
, authorize the above named
to use /refer this information to my lender / servicer for the sole purpose of evaluating my
financial situation for possible mortgage options. I/We understand that I /we am /are under no obligation to
use the counseling services provided by the above named
Borrower Signature
Date
Co- Borrower Signature hate
Please forward this document along with the following information to lender and lender's
counsel:
1. Proof of income
2. Past 2 bank statements
3. Proof of any expected income for the last 45 days
4. Copy of a current utility bill
5. Letter explaining reason for delinquency and any supporting documentation (hardship
letter)
6. Listing agreement (if property is currently on the market)
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice
are served by entering a written appearance personally or by attorney and ding 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.
YOIJ SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY ATTORNEY
REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249 -3166
(800) 990-9108
File .4; 320624
1. Plaintiff is
PIIH 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:
HOANG K. TRAN
20 CENTRAL BOULEVARD
CAMP HILL, PA 17011 -4209
who is /are the mortgagor(s) and /or real owner(s) of the property hereinafter described.
3.. On 07/23/2004 HOANG K. TRAN 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 1875, Page 0136. Said
Mortgage was modified as set forth in the modification agreement recorded February 7,
2011, in. Instrument No. 201104559. The mortgage and assignment(s), if any, are matters
of public record and are incorporated herein by reference in accordance with Pa.R.C.P.
1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to
pleadings if those documents are of public record.
4: The premises subject to said mortgage is described as attached.
5. The mortgage is in default because monthly payments of principal and interest upon said.
.mortgage due 11/01/2012 and each month thereafter are due and unpaid, and by the terms
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.
Piles N; 320624
6. The .following amounts are due on the mortgage as of JO/01/2013:
Principal Balance $135,534.34
Interest $2,710.68
10/01/2012 through 10/01/2013
Late Charges $122.50
Property Inspections $1.0.1.25
Escrow Deficit $3,51 _6,62
TOTAL $141,985.39
7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment)
against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a
separate Action to establish that right, if such right exists. If Defendant(s) has /have
received a discharge of personal liability in a bankruptcy proceeding, this Action of
Mortgage Foreclosure is in no way an attempt to reestablish such personal liability
discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged
premises pursuant to Pennsylvania Law.
8. Notice of Intention to Foreclose as set forth in Act 6 of. 1974, Notice of Homeowner's
Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in
2008, and /or Notice of Default as required by the mortgage document, as applicable, have
been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as
provided by said notice has terminated because Defendant(s) has/have failed to meet with
the Plaintiff or an authorized consumer credit counseling agency, or has /have been denied
assistance by the Pennsylvania Housing Finance Agency.
rile A: 320624
WHEREFORE, Plaintiff demands an in Egin judgment against the Defendant(s) in the sum of
$141,985,39, together with interest, costs, fees, and charges collectible under the mortgage
including but not limited to attorney fees and costs, and for the foreclosure and sale of the
mortgaged property.
PHELAN HALLINAN,' LLP
By:
Jci;.: 'a an. Lobb, Esq., Id. No.312174
Attorney for Plaintiff
File #: 320624
LEGAL DESCRIPTION
ALL THAT CERTAIN tracts of Parcel of land and premises, situate, lying and being in the
Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more
particularly described as follows:
TRACT NO. 1:
BEGINNING at a point on the western line of Central Boulevard on the dividing line between
Lots Nos. 13 and 14, Block 'H' on the hereinafter mentioned Plan of Lots, said point being 150
feet south from the southwest corner of Central Boulevard and Green Street; thence in a
westwardly direction, along said dividing line, 150 feet to a point; thence in a southwardly
direction, along the eastern line of Lot No. 4, Block 'H' on said Plan, 25 feet to a point; thence in
an eastward!), direction, through the center of Lot No. 13, Block 'H' on said Plan, 150 feet to
Central Boulevard; thence in an northwardly direction, along the western line of Central
Boulevard, 25 feet, the place of BEGINNING.
BEING the northern one -half of Lot No, 13, Block'H' on Plan of Lots known as Oakwood Park,
which Plan is recorded in the Cumberland County Recorder's Office in Plan Book 2, Page 59.
TRACT NO. 2:
BEGINNING at a point on the western line of Central Boulevard 100 feet southwardly from the
southwest corner of Green Street and Central Boulevard at the southern line of Lot No. 15;
thence westwardly along the southern line of Lot No. 15 150 feet to the eastern line of Lot No. 3;
Vile 9: 32062,1
thence southwardly along the eastern line of Lot No. 3, 50 feet to the northern line of Lot No. 13;
thence eastwardly, along the western line of Central Boulevard; and then northwardly, along the
western line of Central Boulevard, 50 feet to the place of BEGINNING.
BEING Lot No. 14, Block 'H' on Plan of Lots known as 'Oakwood Park', as laid out by the
Pennsylvania Realty and Development Company, which Plan is recorded in the Cumberland
County Recorder's Office in Plan Book 2, Page 59.
HAVING THEREIN ERECTED a single brick dwelling house known as No. 20 Central
Boulevard.
BEING THE SAME PREMISES which Keith B. Lucas and Tonya M. Lucas, by their deed to be
recorded simultaneously herewith in the Office of the Recorder of Deeds of Cumberland County,
granted and conveyed unto Hoang K. Tran.
PROPERTY ADDRESS: 20 CENTRAL BOULEVARD, CAMP HILL, PA 17011 -4209
PARCEL # 10-21-0277-160.
File n: 320624
VERIFICATION
S L ►lu , hereby states that he /she i lar -of, PHH
MORTGAGE CORPORATION, Plaintiff in this matter, that he/she is authorized to make this
Verification, and verify that the statements made in the foregoing Civil Action in Mortgage
Foreclosure are true and correct to the best of his/her information and belief. The undersigned
understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating
to unsworn falsification to authorities,
Date: _ILA_
By
PHS #: 320624
Name: TRAN
Fite ir: 320624
By PHH Mortgage Corporation,
Its authorized agent,
Lamont Sa letbn
Assistant Vice President
Exhibit "B'
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
OFF1Ci OF TMi SHERRI;
PHH Mortgage Corporation
vs.
Hoan Tran
Case Number
2013-7022
SHERIFF'S RETURN OF SERVICE
12/03/2013 03:45 PM Deputy Brian Gr'zyboskl, being duly sworn according to law, served the requested Notice of
Residential Mortgage Foreclosure DiversIon Program and Complaint in Mortgage Foreclosure by handing
a
true copy to a person representing themselves to be Hoang Tren, Grandfather, who accepted as "Adult
Person In Charge ".for Hoan Tran at 20 Central Boulevard, -Hampden To ship, Camp HIII, PA 17011.
SHERIFF COST: $44.95
December 05, 2013
BRIAN prin. OSKi, PU
SO' SWERS,
RON R ANDERSON, SHERIFF
4
Exhibit "C"
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
IN RE:
HOANG KHAI TRAN BK. No. 1:14 -00003 MDF
Debtor Chapter No. 07
PHH MORTGAGE CORPORATION
Movant
v.
HOANG KHAI TRAN 11 U.S.C. §362
A/K/A HOANG K. TRAN
and
LAWRENCE G. FRANK Trustee, ESQUIRE
(TRUSTEE)
Respondents
ORDER GRANTING RELIEF FROM §362 AUTOMATIC STAY WITH RESPECT TO 20
CENTRAL BOULEVARD, CAMP HILL, PA 17011-4209.
Upon consideration of Motion of PHH MORTGAGE CORPORATION (Movant), it is:
ORDERED AND DECREED: that Movant shall be permitted to communicate with the Debtor(s)
and Debtor's counsel to the extent necessary to comply with applicable nonbankruptcy law; and it is further;
ORDERED that Relief from the Automatic stay of all proceedings, as provided under 11 U.S.C. §362
is granted with respect to, 20 CENTRAL BOULEVARD, CAMP HILL, PA 17011- 4209(hereinafter the
Premises) (as more fully set forth in the legal description attached to the Mortgage of record granted against the
Premises), as to allow Movant, its successors or assignee's, to proceed with its rights under the terms of said
Mortgage; and it is further;
ORDERED that Rule 4001(a)(3) is not applicable and PHH MORTGAGE CORPORATION may
immediately enforce and implement this Order granting Relief from the Automatic Stay.
By the Court,
Dated: February 18, 2014.
Chief Bankruptcy Judge
(JG)
Case 1:14 -bk- 00003 -MDF Doc 13 Filed 02/18/14 Entered 02/18/14 16:49:05 Desc
Main Document Page 1 of 1
District/Off: 0314-1
Case: 1:14—bk-00003—MDF
Notice Recipients
User: TBurnett
Form ID: pdf010
Recipients submitted to the BNC (Bankruptcy Noticing Center):
db Hoang Khai Tran 20 Central Blvd Camp Hill, PA 17011
Date Created: 2/18/2014
Total: 1
TOTAL: 1
Case 1:14-bk-00003-MDF Doc 13-1 Filed 02/18/14 Entered 02/18/14 16:49:05 Desc
PDF - All Chatty: Notice Recipients Page 1 of 1
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/KJA ERA MORTGAGE
2001 BISHOPS GATE BLVD
MOUNT LAUREL, NJ 08054
Plaintiff
v.
HOANG K. IRAN
20 CENTRAL BOULEVARD
CAMP HILL, PA 17011-4209
Defendant
Attorney for Plaintiff
Court of Common Pleas
Civil Division
No. 13-7022-CIVIL
Cumberland County
CERTIFICATION OF SERVICE
I, D. Troy Sellars, Esquire, certify that I caused true and correct copies of Plaintiffs
Motion to Lift Conciliation Stay and proposed Order to be sent sent via first class mail to the
person listed below on the date indicated:
Hoang K. Tran
20 Central Boulevard
Camp Hill, PA 17011-4209
Leonard Zagurskie, Jr, Esquire
110 West Main Avenue, 1st Floor
Myerstown, PA 17067
Date: 3 2
814382
By:
D. Troy Sellars, Esquire
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
PHH MORTGAGE CORPORATION Court of Common Pleas
F/K/A ERA MORTGAGE
2001 BISHOPS GATE BLVD Civil Division
MOUNT LAUREL, NJ 08054
No. 13-7022-CIVIL
Plaintiff
v. Cumberland County
C")
HOANG K. TRAN •
20 CENTRAL BOULEVARD cri
1-71
CAMP HILL, PA 17011-4209 .)
> 1\
Defendant
ORDER
AND NOW, this 3 - day of 1
, 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 : Uoang K. Tran
./Leonard Zagurskie, Jr, Esquire
.../15. Troy Sellars, Esq., Id. No. 210302
Attorney for Plaintiff
814382 es /r1.1114.,
PHELAN HALLINAN, LLP
D. Troy Sellars, Esq., Id. No. 210302
126 Locust Street
Harrisburg, PA 17101
215-563-7000 x 1360
Hoang K. Tran
20 Central Boulevard
Camp Hill, PA 17011-4209
Leonard Zagurskie, Jr, Esquire
110 West Main Avenue, 1st Floor
Myerstown, PA 17067
814382
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
014 NAY 16 titiID: 55
rPBN �s 1' v COUNTY
ANIA
PHH MORTGAGE CORPORATION,
F/K/A ERA MORTGAGE
vs.
HOANG K. TRAN
Attorney for Plaintiff
: CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
: CIVIL DIVISION
: No. 13 -7022 -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 HOANG K. TRAN,
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
$141,985.39
$141,985.39
I hereby certify that (1) the Defendant's last known address is 20 CENTRAL
BOULEVARD, CAMP HILL, PA 17011-4209, and (2) that notice has been given in accordance
with Rule Pa.R.C.P 237.1.
Date
athan Lobb, Esq., Id. No.312174
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED.
DATE:
PH # 814382
PROTHONOTARY
814382
coivA Sk10.s0 at
C Ltk t4 ao* act
kJ5‘\-02- M 1e c - -ldsgi a(t,
PHELAN HALLINAN, LLP
Jonathan Lobb, Esq., Id. No.312174
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Jonathan.Lobb@phelanhallinan.com
215-563-7000
Attorney for Plaintiff
PHH MORTGAGE CORPORATION, : CUMBERLAND COUNTY
F/K/A ERA MORTGAGE : COURT OF COMMON PLEAS
vs.
: CIVIL DIVISION
HOANG K. TRAN : No. 13 -7022 -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) HOANG K. TRAN 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 HOANG K. TRAN is over 18 years of age and resides at 20
CENTRAL BOULEVARD, CAMP HILL, PA 17011-4209.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
Date
Phel fi Hallinan, LLP
Jonathan Lobb, Esq., Id. No.312174
Attorney for Plaintiff
PHELAN HALLINAN, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza, Philadelphia, PA 19103
215-563-7000
814382
4
Department of Defense Manpower Data Center
Results as of : May -15-2014 12:37:58 AM
SCRA 3.0
Status Report
Pursuant to 'Servicernembers Civil Relief Act.
Last Name: TRAN
First Name: HOANG
Middle Name: K.
Active Duty Status As Of: May -15-2014
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 repels 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 Stad Date
Active Duty End Date
Status
Service Component
NA
---- NA
No
NA
This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date
Order Notification Start Date
Order Notification End Date
Status
Service Component
NA
.NA = - +�
No
NA
�.
This response reflects wheth r 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
PHH MORTGAGE CORPORATION, F/K/A ERA
MORTGAGE
v,
HOANG K. TRAN
Plaintiff
Defendant(s)
TO: HOANG K. TRAN
20 CENTRAL BOULEVARD
CAMP HILL, PA 17011-4209j
7
DATE OF NOTICE: ! 1/ +hr
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 13 -7022 -CIVIL
CUMBERLAND COUNTY
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE
IS SENT TO YOU 1N 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 CURR.ESPONDENCE IS NOT ANT) SHOULD NOT BE CONSTRUED TO BE AN
ATTEMPT TO COLLECT A "DLI3T BUT ONLY AS ENFORCEMENT OF LIEN AGAINST
PROPERTY.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN l EN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Office of the Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
(717) 240-6195
By:
PH#814382
CUMBERLAND COUNTY BAR
ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
Michael Dingerd
Attorney for Plaintiff
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
, Id. No. 7124
(Rule of Civil Procedure No. 236) - Revised
PHH MORTGAGE CORPORATION,
F/K/A ERA MORTGAGE
vs.
HOANG K. TRAN
: CUMBERLAND COUNTY
: COURT OF COMMON PLEAS
: CIVIL DIVISION
: No. 13 -7022 -CIVIL
Notice is given that a Judgment in the above captioned matter has been entered
against you on
By:
If you have any questions concerning this matter please contact:
Phelan Hallinan, LLP
Jonathan Lobb, Esq., Id. No.312174
Attorney for Plaintiff
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
** THIS FIRM ISA 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.**
814382
PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE)
P.R.C.P. 3180-3183
PHH Mortgage Corporation, f/k/a ERA Mortgage
Plaintiff
V.
Hoang K. Tran
Defendant(s)
To the Prothonotary:
Issue writ of execution in the above matter:
Amount Due
COURT OF COMMON PLEAS
CIVIL DIVISION
NO.: 13 -7022 -CIVIL
CUMBERLAND COUNTY
$141,985.39
Interest from 05/17/2014 to Date of Sale $2,567.40
($23.34 per diem)
TOTAL $144,552.79
Pbffin Hallinan, LLP
Jonathan Lobb, Esq., Id, No.312174
Attorney for Plaintiff
Note: Please attach description of property.
PH # 814382
apA
aikx-k)cs.'8.c
k D
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1/4 '?S'7
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Tsgbeci.
LEGAL DESCRIPTION
ALL THAT CERTAIN tracts of Parcel of land and premises, situate, lying and being in the Township of
Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as
follows:
TRACT NO. 1:
BEGINNING at a point on the western line of Central Boulevard on the dividing line between Lots Nos. 13
and 14, Block on the hereinafter mentioned Plan of Lots, said point being 150 feet south from the
southwest corner of Central Boulevard and Green Street; thence in a westwardly direction, along said
dividing line, 150 feet to a point; thence in a southwardly direction, along the eastern line of Lot No. 4, Block
'H' on said Plan, 25 feet to.a point; thence in an eastwardly direction, through the center of Lot No. 13, Block
'H' on said Plan, 150 feet to Central Boulevard; thence in an northwardly direction, along the western line of
Central Boulevard, 25 feet, the place of BEGINNING.
BEING the northern one-half of Lot No. 13, Block 'H' on Plan of Lots known as Oakwood Park, which Plan
is recorded in the Cumberland County Recorder's Office in Plan Book 2, Page 59.
TRACT NO.2:
BEGINNING at a point on the western line of Central Boulevard 100 feet southwardly from the southwest
corner of Green Street and Central Boulevard at the southern line of Lot No. 15; thence westwardly along the
southern line of Lot No. 15 150 feet to the eastern line of Lot No. 3; thence southwardly along the eastern line
of Lot No. 3, 50 feet to the northern line of Lot No. 13; thence eastwardly, along the western line of Central
Boulevard; and then northwardly, along the western line of Central Boulevard, 50 feet to the place of
BEGINNING.
BEING Lot No. 14, Block 'H' on Plan of Lots known as 'Oakwood Park', as laid out by the Pennsylvania
Realty and Development Company, which Plan is recorded in the Cumberland County Recorder's Office in
Plan Book 2, Page 59.
HAVING THEREIN EREC IED a single brick dwelling house.
UNDER AND SUBJECT to a Reciprocal Easement recorded February 1, 1984 in the Office of
the Recorder of Deed for Cumberland County, Pennsylvania.
TITLE TO SAID PREMISES IS VESTED IN Hoang K. Tran, single man, by Deed from Keith B. Lucas
and Tonya M. Lucas, h/w, dated 07/23/2004, recorded 07/27/2004 in Book 264, Page 1885.
PREMISES BEING: 20 Central Boulevard, Camp Hill, PA 17011-4209
PARCEL NO. 10-21-0277-160.
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
6 10
CUMBERLAND COUN
PENNSYLVANIA
;'LVANIA
PHH Mortgage Corporation, f/k/a ERA Mortgage
Plaintiff
v.
Attorneys for Plaintiff
: COURT OF COMMON PLEAS
: CIVIL DIVISION
: NO.: 13 -7022 -CIVIL
Hoang K. Tran
Defendant(s)
: Cumberland County
CERTIFICATION
The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned
matter and that the premises are not subject to the provisions of Act 91 because:
the mortgage is an FHA Mortgage
the premises is non -owner occupied
the premises is vacant
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:
an Hallinan, LLP
Jonathan Lobb, Esq., Id. No.312174
Attorney for Plaintiff
r �
PHH Mortgage Corporation, f/k/a ERA Mortgage
Plaintiff
v.
Hoang K. Tran
Defendant(s)
COURT OF COMMON PLEAS
CIVIL DIVISION
NO.: 13 -7022 -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 20 Central
Boulevard, Camp Hill, PA 17011-4209.
1. Name and address of Owner(s) or reputed Owner(s):
Name
Hoang K. Tran
2. Name and address of Defendant(s) in the judgment:
Name
Hoang K. Tran
Address (if address cannot be reasonably
please so indicate)
20 Central Boulevard
Camp Hill, PA 17011-4209
Address (if address cannot be reasonably
ascertained, please so indicate)
20 Central Boulevard
Camp Hill, PA 17011-4209
ascertained, ,C)
rn
Ls
cJr
--t
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)
LVNV Funding, LLC
C/O David J. Apothaker, Esquire
LVNV Funding, LLC.
520 Fellowship Road, C306
Mount Laurel, NJ 08054
15 South Main Street
Suite 500
Greenville, SC 29601
4. Name and address of last recorded holder of every mortgage of record:
Name Address (if address cannot be
reasonably ascertained, please indicate)
None.
5. Name and address of every other person who has any record lien on the property:
Name Address (if address cannot be
reasonably ascertained, please indicate)
None.
6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the
sale.
Name Address (if address cannot be
reasonably ascertained, please indicate)
None.
PH # 814382
r
i
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may
be affected by the sale:
Name Address (if address cannot be
reasonably ascertained, please indicate)
Tenant/Occupant
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
20 Central Boulevard
Camp Hill, PA 17011-4209
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 # 814382
By: I
P "fn Hallinan, LLP
Jonathan Lobb, Esq., Id. No.312174
Attorney for Plaintiff
PHELAN HALLINAN, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza, Philadelphia, PA 19103
215-563-7000
PHH Mortgage Corporation, f/k/a Era Mortgage : COURT OF COMMON PLEAS
Plaintiff : CIVIL DIVISION
Hoang K. Tran
vs.
: NO.: 13 -7022 -CIVIL
ep
Defendant(s) : Cumberland Com
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Hoang K. Tran
20 Central Boulevard
Camp Hill, PA 17011-4209
7'7A H
**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 20 Central Boulevard, Camp Hill, PA 17011-4209 is scheduled to be sold at
the Sheriff's Sale on 09/03/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street,
Carlisle, PA 17013 to enforce the court judgment of $141,985.39 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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the
price bid by calling 215-563-7000.
#0-
2.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared
to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this
has happened, you may call 215-563-7000.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if
the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff
gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of
distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after
the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his
office. This schedule will state who will be receiving that money. The money will be paid out in accordance
with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff
within ten (10) days after the filing of the proposed schedule.
7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately
after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW
TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
SHORT DESCRIPTION
By virtue of a Writ of Execution No. 13 -7022 -CIVIL
PHH Mortgage Corporation, f/k/a Era Mortgage
v.
Hoang K. Tran
owner(s) of property situate in HAMPDEN TOWNSHIP, CUMBERLAND County,
Pennsylvania, being
20 Central Boulevard, Camp Hill, PA 17011-4209
Parcel No. 10-21-0277-160.
(Acreage or street address)
Improvements thereon: RESIDENTIAL DWELLING
Judgment Amount: $141,985.39
Attorneys for Plaintiff
Phelan Hallinan, LLP
LEGAL DESCRIPTION
ALL THAT CERTAIN tracts of Parcel of land and premises, situate, lying and being in the Township of
Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as
follows:
TRACT NO. 1:
BEGINNING at a point on the western line of Central Boulevard on the dividing line between Lots Nos. 13
and 14, Block 'H' on the hereinafter mentioned Plan of Lots, said point being 150 feet south from the
southwest corner of Central Boulevard and Green Street; thence in a westwardly direction, along said
dividing line, 150 feet to a point; thence in a southwardly direction, along the eastern line of Lot No. 4, Block
'H' on said Plan, 25 feet to a point; thence in an eastwardly direction, through the center of Lot No. 13, Block
'H' on said Plan, 150 feet to Central Boulevard; thence in an northwardly direction, along the western line of
Central Boulevard, 25 feet, the place of BEGINNING.
BEING the northern one-half of Lot No. 13, Block 'H' on Plan of Lots known as Oakwood Park, which Plan
is recorded in the Cumberland County Recorder's Office in Plan Book 2, Page 59.
TRACT NO.2:
BEGINNING at a point on the western line of Central Boulevard 100 feet southwardly from the southwest
corner of Green Street and Central Boulevard at the southern line of Lot No. 15; thence westwardly along the
southern line of Lot No. 15 150 feet to the eastern line of Lot No. 3; thence southwardly along the eastern line
of Lot No. 3, 50 feet to the northern line of Lot No. 13; thence eastwardly, along the western line of Central
Boulevard; and then northwardly, along the western line of Central Boulevard, 50 feet to the place of
BEGINNING.
BEING Lot No. 14, Block 'H' on Plan of Lots known as 'Oakwood Park', as laid out by the Pennsylvania
Realty and Development Company, which Plan is recorded in the Cumberland County Recorder's Office in
Plan Book 2, Page 59.
HAVING THEREIN ERECTED a single brick dwelling house.
UNDER AND SUBJECT to a Reciprocal Easement recorded February 1, 1984 in the Office of
the Recorder of Deed for Cumberland County, Pennsylvania.
TITLE TO SAID PREMISES IS VESTED IN Hoang K. Tran, single man, by Deed from Keith B. Lucas
and Tonya M. Lucas, h/w, dated 07/23/2004, recorded 07/27/2004 in Book 264, Page 1885.
PREMISES BEING: 20 Central Boulevard, Camp Hill, PA 17011-4209
PARCEL NO. 10-21-0277-160.
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 13-7022 Civil Term
CIVIL ACTION — LAW
HOANG K. TRAN
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: $141,985.39 L.L.: $.50
Interest FROM 5/17/2014 TO DATE OF SALE ($23.34 PER DIEM) - $2,567.40
Atty's Comm:
Atty Paid: $193.70
Plaintiff Paid:
Date: 5/16/14
(Seal)
REQUESTING PARTY:
Name: JONATHAN LOBB, ESQUIRE
Address: PHELAN HALLINAN, LLP
1617 JFK BLVD., SUITE 1400
ONE PENN CENTER PLAZA
PHILADELPHIA, PA 19103
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No. 312174
Due Prothy: $2.25
Other Costs:
David D. Buell, Prothonotary
Deputy
Phelan Hallinan, LLP
Justin F. Kobeski, Esq., Id. No.200392
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
justin.kobeski@phelanhallinan.com
215-563-7000
PHH MORTGAGE CORPORATION, F/K/A ERA :
MORTGAGE
Plaintiff
v.
HOANG K. TRAN
ATTORNEY FOR PLAINTIFF
c
Court of Common Kea
cD
CUMBERLAND County
Civil Division
No.: 13 -7022 -CIVIL
Defendant
PLAINTIFF'S MOTION TO REASSESS DAMAGES
Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the
Prothonotary to amend the judgment in this matter, and in support thereof avers the following:
1.
2013.
Plaintiff commenced this foreclosure action by filing a Complaint on November 26,
2. Judgment was entered on May 16, 2014 in the amount of $141,985.39. 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 foreclosure on the mortgaged property at 20 CENTRAL BOULEVARD,
CAMP HILL, PA 17011-4209 (hereinafter the "Property") was delayed for the following reason:
814382
a.) The Defendant, HOANG KHAI TRAN A/K/A HOANG K. TRAN, filed a Chapter 07
Bankruptcy at Docket Number 1:14-00003 on January 1, 2014. Plaintiff obtained relief
from the bankruptcy stay by order of court dated February 18, 2014. A true and correct
copy of the Relief Order is attached hereto, made part hereof, and marked as Exhibit "B".
5. The Property is listed for Sheriffs Sale on September 3, 2014.
6. 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 May 16, 2014
Late Charges
Legal fees
Cost of Suit and Title
Property Inspections
Mortgage Insurance Premium/ Private Mortgage Insurance
Escrow to be Paid Prior
Escrow Deficit
$133,534.34
$4,338.40
$122.50
$1,900.00
$518.70
$180.00
$102.40
$2,085.24
$4,824.39
TOTAL $147,605.97
7. The judgment formerly entered is insufficient to satisfy the amounts due on the
Mortgage.
8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to
inclusion of the figures set forth above in the amount of judgment against the Defendant.
9. Plaintiffs foreclosure judgment is in rem only and does not include personal
liability, as addressed in Plaintiff's attached brief.
10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of
its proposed Motion to Reassess Damages and Order to the Defendant on June 11, 2014 and
requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant.
814382
A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of
mailing are attached hereto, made part hereof, and marked as Exhibit "C".
11. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that
Judge Kevin A. Hess entered an order granting Plaintiff's Motion to Lift Conciliation Stay dated
April 3, 2014.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
DATE 0/i2/#
B
Phelan Hallinan, LLP
ustin, obe Esquire
AT !dRNE OR PLAINTIFF
814382
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
v. CUMBERLAND County
HOANG K. TRAN No.: 13 -7022 -CIVIL
Defendant
MEMORANDUM OF LAW IN SUPPORT OF
PLAINTIFF'S MOTION TO REASSESS DAMAGES
I. BACKGROUND OF CASE
HOANG K. TRAN 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
20 CENTRAL BOULEVARD, CAMP HILL, PA 17011-4209. 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.
814382
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
814382
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 fmancial losses on this loan.
III. THE FORECLOSURE JUDGMENT IS IN REM ONLY
The within case is a mortgage foreclosure action, the sole purpose of which is to take the
mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage
foreclosure is strictly in rem and does not include any personal liability. Newtown Village
Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer
814382
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 Sheriff's sale has been requested.
V. TAXES AND INSURANCE
If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure
proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale,
Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the
outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be
able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums.
Most importantly, the Mortgage specifically provides that the mortgagee may advance the
monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is
simply seeking to have the Court enforce the terms of the Mortgage.
814382
VI. ATTORNEY'S FEES
The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done
throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91
letters, loan documents, account records, title reports and supporting documents, preparing and
reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1
Notice, Department of Defense search, entry of judgment, the writ of execution process, lien
holder notices, and all of the other legal work that goes into handling the mortgage foreclosure
lawsuit.
The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The
amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the
loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded
that a request of five percent of the outstanding principal balance is reasonable and enforceable as
an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan
Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974).
In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee
of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super.
1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included
in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton
Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are
significantly less than what is permitted by Pennsylvania law.
814382
VII. COST OF SUIT AND TITLE
Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in
the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff
paid to date as a result of the mortgage default.
The title report is necessary to determine the record owners of the property, as Pa.R.C.P.
1144 requires all record owners to be named as Defendants in the foreclosure action. It is also
necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale
purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens
on the property, whether the Defendants are divorced (which could affect service of the
complaint), and numerous other legal issues. The title bringdown is necessary to identify any
new liens on the property or new owners between the time of filing and complaint and the writ
date.
The Freedom of Information Act inquiries and the investigation into Defendants'
whereabouts are necessary to effectively attempt personal service of the complaint and notice of
sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1
and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as
their interests will be divested by the Sheriff's sale.
Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were
necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred.
The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its
foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from
the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of
suit and title in their entirety, which will not cause harm to the Defendants.
814382
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
814382
part of the borrower's debt secured by the mortgage, those expenses are properly included in the
Plaintiff's Motion to Reassess Damages.
IX. CONCLUSION
Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by
legal proceedings, and such delays require the mortgagee to expend additional sums provided for by
the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be
included in the judgment.
Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess
Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance
with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would
recover the monies it expended to protect its collateral.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
DATE:
By:
Phelan Hal LLP
Justin, eski, Esquire
Att : e for Plaintiff
814382
Exhibit "A"
814382
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
t'`'L Pf?OTHON�?yT�ir,`
201 MAY 1 Attorney for Plaintiff
6 AM10 $$
CUMBERLAND COUNTY
PENNSYLVANIA
PHH MORTGAGE CORPORATION,
F/K/A ERA MORTGAGE
vs.
HOANG K. TRAN
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVILDIVISIOr4 PORNErF,�
LEASE FOOP� .
No.13-7022-CIVIL. (fj1,
PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY: ATTORNEY FILE c�
PLEASWTRAN,
Kindly enter judgment in favor of the Plaintiff and against
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
$141,985.39
TOTAL $141,985.39
ATTOR N ° ` if copy.
I hereby certify that (1) the Defendant's 1iteir '20 CENTRAL
BOULEVARD, CAMP HILL, PA 17011-4209, and (2) that notice ias been given in accordance
with Rule Pa.R.C.P 237.1.
Date
athan Lobb, Esq., Id. No.312174
Attorney fPlain
DAMAGES ARE HEREBY ASSESSED AS INDICATED.
DATE: 1U Ilq
PH # 814382
PROTHONOTARY
814382
Exhibit "B"
814382
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
IN RE:
HOANG KHAI TRAN BK. No. 1:14-00003 MDF
Debtor Chapter No. 07
P1111 MORTGAGE CORPORATION
Movant
v.
HOANG KHAI TRAN
A/K/A HOANG K. TRAN
and
LAWRENCE G. FRANK Trustee, ESQUIRE
(TRUSTEE)
Respondents
11 U.S.C.§362
ORDER GRANTING RELIEF FROM §362 AUTOMATIC STAY WITH RESPECT TO 20
CENTRAL BOULEVARD, CAMP HILL, PA 17011-4209.
Upon consideration of Motion of PHH MORTGAGE CORPORATION (Movant), it is:
ORDERED AND DECREED: that Movant shall be permitted to communicate with the Debtor(s)
and Debtor's counsel to the extent necessary to comply with applicable nonbankruptcy law; and it is further;
ORDERED that Relief from the Automatic stay of all proceedings, as provided under 11 U.S.C. §362
is granted with respect to, 20 CENTRAL BOULEVARD, CAMP HILL, PA 17011-4209(hereinafter the
Premises) (as more fully set forth in the legal description attached to the Mortgage of record granted against the
Premises), as to allow Movant, its successors or assignee's, to proceed with its rights under the terms of said
Mortgage; and it is further;
ORDERED that Rule 4001(a)(3) is not applicable and PHH MORTGAGE CORPORATION may
immediately enforce and implement this Order granting Relief from the Automatic Stay.
By the Court,
Dated: February 18, 2014
Chief Bankruptcy Judge
(JG)
Case 1:14-bk-00003-MDF Doc 13 Filed 02/18/14 Entered 02/18/14 16:49:05 Desc
Main Document Page 1 of 1
Exhibit "C"
814382
PHELAN HALLINAN, LLP
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103
(215) 563-7000
FAX#: (215) 563-3459
Phelan Hallinan, LLP Representing Lenders in
Pennsylvania
June 2, 2014
HOANG K. TRAN
20 CENTRAL BOULEVARD
CAMP HILL, PA 17011-4209
RE, PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE v. HOANG K. TRAN
Premises Address: 20 CENTRAL BOULEVARD CAMP HILL, PA 17011
CUMBERLAND County CCP, No. 13 -7022 -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 6/7/2014.
Should you have further questions or concerns, please do not hesitate to contact me.
Otherwise, please be guided accordingly.
ski; Esq., Id. No.200392
At`rnev fo Plaintiff
Enclosure
814382
Name and
Address
Of Sender
Phelan Hallinan, LLP
1.617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
JOH
Line
Article Number
Name of Addressee, Street, and Post Office Address
Postage
1
****
HOANG K. TRAN
20 CENTRAL BOULEVARD
CAMP HILL, PA 17011-4209
S0.47
2
****
HOANG 1C. TRAN
PO BOX 1.37
NEW CUMBERLAND, PA 17070-0137
50.47
3
****
HOANG K. TRAN
PO BOX 558
NEW CUMBERLAND, PA 17070-0558
50.47
RE: HOANG K. TRAN (CUMBERLAND) PH # 814382/1200 Page 1 of 1
51.41
Total Number of
Pieces Listed by Sender
Total Number of Pieces
Received at Post Office
Postmaster, Per (Name of
Receiving Employee)
The full declaration of value is required on all domestic and international registered mail. The Ina,
for the reconstruction of nonnegotiable documents under Express Mail document reconstructionr
piece subject to a limit of 5500,000 per occurrence. The maximum indemnity payable on'Expref.¢,
The maximum indemnity payable is S25,000 for registered mail, sent with optional insurance.;
R900 5913 and 5921 for limitations of coverage. 5_ .
Form 3877 Facsimile
s'
814382
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
v. CUMBERLAND County
HOANG K. TRAN No.: 13 -7022 -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.
HOANG K. TRAN
20 CENTRAL BOULEVARD
CAMP HILL, PA 17011-4209
HOANG K. TRAN
PO BOX 558
NEW CUMBERLAND, PA 17070-0558
DATE:
67/d/z
By:
HOANG K. TRAN
PO BOX 137
NEW CUMBERLAND, PA 17070-0137
Phelan Hallinan, LLP
J 'stin F - •eski, Esquire
ATTORNEY FOR PLAINTIFF
814382
PHELAN HALLINAN, LLP
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103
(215) 563-7000
FAX#: (215) 563-3459
Phelan Hallinan, LLP Representing Lenders in
Pennsylvania
June 12014
Office of the Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
RE: PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE v. HOANG K. TRAN
CUMBERLAND County CCP, No. 13 -7022 -CIVIL
Dear Sir or Madam:
Enclosed for filing please find Motion to Reassess Damages, Brief in Support thereof, and
Certification of Service with regard to the above captioned matter. Kindly return a time -stamped
copy of the enclosed in the self-addressed stamped envelope provided for your convenience.
Very truly yours,
ust. Kobeski, Esq., Id. No.200392
A ey for Plaintiff
Enclosure
cc: HOANG K. TRAN
814382
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
v. CUMBERLAND County
HOANG K. TRAN No.: 13 -7022 -CIVIL
Defendant
RULE
AND NOW, this 1 �' day of 3-v.A-4- 2014, a Rule is entered upon the Defendant
to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess
Damages.
Defendant shall have twenty (20) days from the date of this Order to file a response to
Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a
Motion to Make Rule Absolute and no hearing will be scheduled on this matter.
CZ
814382
Justin F. Kobeski, Esq., Id. No.200392
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
Philadelphia, PA 19103
TEL: (215) 563-7000
FAX: (215) 563-3459
�--IOANG K. TRAN
J 20 CENTRAL BOULEVARD
CAMP HILL, PA 17011-4209
IOANG K. TRAN
PO BOX 558
NEW CUMBERLAND, PA 17070-0558
qi7//y
, 1 GANG K. TRAN
PO BOX 137
NEW CUMBERLAND, PA 17070-0137
814382
814382
•
AFFIDAVIT OF SERVICE (FNMA)
PLAINTIFF CUMBERLAND COUNTY
PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE
DEFENDANT
HOANG K. TRAN
SERVE HOANG K. TRAN AT:
20 CENTRAL BOULEVARD
CAMP HILL, PA 17011-4209
SERVED
PH # 814382
SERVICE TEAM/ Ixh
COURT NO.: 13 -7022 -CIVIL
TYPE OF ACTION
XX Notice of Sheriff's Sale
SALE DATE: September 3, 2014
Served and made known to HOANG K. pTRAN, Defen4lant on the qday of M 4 20 �, at
/: oS , o'clock �. M., at lo CEMphC pLVD, C4 -M% If/ L� p,4 , in the manner described below:
T_ Defendant personally served.
_ Adult family member with whom Defendant(s) reside(s).
Relationship is
Adult in charge of Defendant's residence who refused to give name or relationship.
Manager/Clerk of place of lodging in which Defendant(s) reside(s).
Agent or person in charge of Defendant's office or usual place of business.
an officer of said Defendant's company.
Other: q
Description: Age SD Height 5 `3 Weight 1 �� Race A Sex M Other
I, kon:i Id Moll , a competent adult, hereby verify that 1 personally handed a true and correct copy of the
Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address
indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to
unsworn falsification to authorities.
DATE:
NAME:
Ronald Moll
PRINTED NAME:
Process Server
TITLE:
NOT SERVED
On the day of,20 , at o'clock . M., I, , a competent adult hereby
state that Defendant NOT FOUND ecause:
_ Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant)
No Answer on at , at
Service Refused
Other:
I understand that this statement is
falsification to authorities.
made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unslv4In
BY:
PRINTED NAME:
ATTORNEY FOR PLAINTIFF
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
(215) 563-7000
(V-)
Phelan Hallinan, LLP
Justin F. Kobeski, Esq., Id. No.200392
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
justin.kobeski@phelanhallinan.com
215-563-7000
PHH MORTGAGE CORPORATION, F/K/A ERA
MORTGAGE
Plaintiff
vs.
HOANG K. TRAN
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 13 -7022 -CIVIL
Defendant
CERTIFICATION OF SERVICE
I hereby certify that a true and correct copy of the Court's June 17, 2014 Rule directing
the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be
granted was served upon the following individual on the date indicated below.
HOANG K. TRAN
20 CENTRAL BOULEVARD
CAMP HILL, PA 17011-4209
HOANG K. TRAN
PO BOX 558
NEW CUMBERLAND, PA 17070-0558
DATE:
By:
HOANG K. TRAN
PO BOX 137
NEW CUMBERLAND, PA 17070=07 =�
Phelan _, inan, LLP
Just' . Kobeski, Esq., Id. No.200392
orney for Plaintiff
814382
OF THFEILPERCIOT°11FOrivi'COL:Tii if 'IV
Phelan Hallinan, LLP 2°1'I JUL 10
Jonathan Lobb, Esq., Id. No.��'' 9
1617 JFK Boulevard, Suite 14 ' LAND cot
One Penn Center Plaza N�'ls YLVA 9 TY
r7E
Philadelphia, PA 19103
Jonathan.Lobb@phelanhal l inan.com
215-563-7000
ATTORNEY FOR PLAINTIFF
PHH MORTGAGE CORPORATION, F/K/A ERA : Court of Common Pleas
MORTGAGE
Civil Division
vs. CUMBERLAND County
HOANG K. TRAN No.: 13 -7022 -CIVIL
Defendant
MOTION TO MAKE RULE ABSOLUTE
Plaintiff
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 June 13, 2014.
2. A Rule was issued by the Honorable Judge Kevin A. Hess on or about June 17,
2014 directing the Defendant to show cause by July 7, 2014 why the Motion to Reassess
Damages should not be granted. A true and correct copy of the Rule is attached hereto, made
part hereof, and marked Exhibit A.
3. The Rule to Show Cause was timely served upon all parties on June 26, 2014 in
accordance with the applicable rules of civil procedure. A true and correct copy of the
Certificate of Service is attached hereto, made part hereof, and marked Exhibit B.
4. Defendant failed to respond or otherwise plead by the Rule Returnable date of
July 7, 2014..
814382
1
WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show
Cause absolute and grant Plaintiff's Motion to Reassess Damages.
DATE:
77q
By:
Jor? flan Lobb, Esq., Id. No.312174
Attorney for Plaintiff
Phelan Hallinan, LLP
2
814382
Exhibit "A"
814382
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
PHH MORTGAGE CORPORATION, F/K/A ERA
MORTGAGE
HOANG K. TRAN
Plaintiff
Defendant
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 13 -7022 -CIVIL
RULE
AND NOW, this / day of;L,3., 2014, a Rule is entered upon the Defendant
to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess
Damages.
Defendant shall have ,twenty (20) days from the date of this Order to file a response to
Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a
Motion to Make Rule Absolute and no hearing will be scheduled on this matter.
BY THE COURT
C-
814382
Justin F, KobeSki, Esq., Id. No.209392
Phelan [-lallinan,=LIT
11617 JFK Boulevard Suite 1400
00001)11;a, 19103
TEL: (215) 5.63-7000
.FAX: (215) 563-3459
. OANGG K. TRAN
20 CENTRAL BOULEVARD
CAMP RILL, PA 17011-4209
Z C AN:6 K.. TRAN
PO BOX 558
NEW CUMBERLAND;1'A 17070-0558.
BOANG K 'TRAM
PO 130.X.137
NEW Ci1MERLAND. PA 17070-()137
":814382
814382
Exhibit "B"
814382
Phelan Hallinan, LLP
Justin F. Kobeski, Esq., Id. No.200392
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
justin.kobeski@phelanhallinan.com
215-563-7000
PHH MORTGAGE CORPORATION, F/KJA ERA
MORTGAGE
vs.
HOANG K. TRAN
Plaintiff
Defendant
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 13 -7022 -CIVIL
CERTIFICATION OF SERVICE
I herebycertifythat a true and correct copyof the Court's .T if{k�r`�tin
��9`
PLEASE POW
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 NEY FILE C
PLEASERI711fi-na
HOANG K. TRAN
20 CENTRAL BOULEVARD
CAMP HILL, PA 17011-4209
HOANG K. TRAN
PO BOX 558
NEW. CUMBERLAND, PA 17070-0558
DATE:
By:
HOANG K. TRAN
PO BOX 137
NEW CUMBERLAND, PA 17070-0137
Kobeski, Esq., Id. No.200392
for Plaintiff
814382
Phelan Hallinan, LLP
Jonathan Lobb, Esq., Id. No.312174
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Jonathan. Lobb@phelanhallinan. corn
215-563-7000
ATTORNEY FOR PLAINTIFF
PHH MORTGAGE CORPORATION, F/K/A ERA : Court of Common Pleas
MORTGAGE
Plaintiff Civil Division
vs. CUMBERLAND County
HOANG K. TRAN No.: 13 -7022 -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.
HOANG K. TRAN
20 CENTRAL BOULEVARD
CAMP HILL, PA 17011-4209
HOANG K. TRAN
PO BOX 558
NEW CUMBERLAND, PA 17070-0558
DATE: --M/if By:
HOANG K. TRAN
PO BOX 137
NEW CUMBERLAND, PA 17070-0137
Phelan Hallinan, LLP
Jo xi than Lobb, Esq., Id. No.312174
Attorney for Plaintiff
814382
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PHH MORTGAGE CORPORATION, F/K/A ERA : Court of Common Pleas
MORTGAGE
vs.
HOANG K. TRAN
Plaintiff Civil Division
Defendant
ORDER
CUMBERLAND Couay
rnco c_
No.: 13-7022-CIVI
AND NOW, this 1 "" day of Q , 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 May 16, 2014
Late Charges
Legal fees
Cost of Suit and Title
Property Inspections
Mortgage Insurance Premium/ Private Mortgage Insurance
Escrow to be Paid
Escrow Deficit
$133,534.34
$4,338.40
$122.50
$1,900.00
$518.70
$180.00
$102.40
$2,085.24
$4,824.39
TOTAL $147,605.97
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.
814382
PHELAN HALLINAN, LLP
Adam H. Davis, Esq., Id. No.203034
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
Adam.Davis@PhelanHallinan.com
215-563-7000
OF HE PRO T NO,NO TAii
2OI1AUG-J /Mtt�bit,1
h(yL or Plaintiff
CUA 1B RLANO COUNTY
YA, NIA
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
PHH MORTGAGE CORPORATION, F/K/A ERA
MORTGAGE
Plaintiff,
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
v. CIVIL DIVISION
HOANG K. TRAN No.: 13 -7022 -CIVIL
Defendant(s)
AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2
COMMONWEALTH OF PENNSYLVANIA )
PHILADELPHIA COUNTY ) SS:
As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders
and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of
the persons or parties named, at that address, set forth on the Affidavit and as amended if
applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return
Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A".
Date:
711(/c.
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not
be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale
must be postponed or stayed in the event that a representative of the plaintiff is not present
at the sale.
PH # 814382
PHH MORTGAGE CORPORATION, F/K/A ERA
MORTGAGE
Plaintiff
V.
HOANG K. TRAN
Defendant(s)
COURT OF COMMON PLEAS
CIVIL DIVISION
NO.: 13 -7022 -CIVIL
CUMBERLAND COUNTY
AMENDED 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 20 Central
Boulevard, Camp Hill, PA 17011-4209.
1. Name and address of Owner(s) or reputed Owner(s):
Name Address (if address cannot be reasonably ascertained,
please so indicate)
HOANG K. IRAN 20 CENTRAL BOULEVARD, CAMP HILL, PA
17011-4209
2. Name and address of Defendant(s) in the judgment:
Name
HOANG K. TRAN
Address (if address cannot be reasonably
ascertained, please so indicate)
20 CENTRAL BOULEVARD
CAMP HILL, PA 17011-4209
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)
LVNV FUNDING, LLC C/O DAVID J.
APOTHAKER, ESQUIRE
LVNV FUNDING, LLC.
520 FELLOWSHIP ROAD, C306
MOUNT LAUREL, NJ 08054
15 SOUTH MAIN STREET
SUITE 500
GREENVILLE, SC 29601
4. Name and address of last recorded holder of every mortgage of record:
Name Address (if address cannot be
reasonably ascertained, please indicate)
None.
5. Name and address of every other person who has any record lien on the property:
Name Address (if address cannot be
reasonably ascertained, please indicate)
None.
6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the
sale.
Name Address (if address cannot be
reasonably ascertained, please indicate)
PH # 814382
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
TENANT/OCCUPANT
COMMONWEALTH OF PENNSYLVANIA
BUREAU OF INDIVIDUAL TAXES
INHERITANCE TAX DIVISION
PA DEPARTMENT OF REVENUE BUREAU
OF INDIVIDUAL TAXES INHERITANCE
TAX DIVISION
DOMESTIC RELATIONS OF
CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF WELFARE
INTERNAL REVENUE SERVICE ADVISORY
U.S. DEPARTMENT OF JUSTICE
U.S. ATTORNEY FOR THE MIDDLE
DISTRICT OF PA
FEDERAL BUILDING
Address (if address cannot be
reasonably ascertained, please indicate)
20 CENTRAL BOULEVARD
CAMP HILL, PA 17011-4209
6TH FLOOR, STRAWBERRY SQ.
DEPT 280601
HARRISBURG, PA 17128
P.O. BOX 280601
HARRISBURG, PA 17128-0601
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: 7/13(Mir
PH # 814382
BY
Phelan Hallinan, LLP
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
PHELAN HALLINAN, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza, Philadelphia, PA 19103
215-563-7000
Name and
Address
Of Sender
Phelan Hallinan, LLP
MI*1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
AZK/JSG - 09/03!2
4 SALE
Line
Article Number
Name of Addressee, Street, and Post Office Address
Postage
1
****
COMMONWEALTH OF PENNSYLVANIA BUREAU O:F.INDIVIDUAL TAXES INHERITANCE TAX
$0.48
DIVISION
6TH FLOOR, STRAWBERRY SQ.
DEPT 280601
HARRISBURG, PA 17128
2
''***
PA DEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION
$0.48
P.O. BOX 280601
HARRISBURG, PA 17128-0601
RE: HOANG K. TRAN (CUMBERLAND) PH # 814382/1026 Page 1 of 1 45 Day
$0.96
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 3500,000 per occurrence. The maximum indemnity payable on Expret
The maximum indemnity payable is 325,000 for registered mail, sent with optional insurance. S
R900 S913 and 5921 for limitations of coverage.
Form 3877 Facsimile
PH # 814382
P
Name and
Phelan Hallinan. LLP
Address imp 1617 JFK Boulevard, Suite 1400
Of Sender One Penn Center Plaza Ig
Philadelphia, PA 19103 AZIUCET - 09/03/2014 SALE
tit)
Line
Article Number
Nam e of Addressee, Street, and Post Office Address
Postage e
****
TENANT/OCCUPANT
20 CENTRAL BOULEVARD ;
CAMP HILL, PA 17011-4209
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LVNV Funding, LLC C/O David J, Apothaker, Esquire
520 FELLOWSHIP ROAR, 0306 g
MOUNT LAUREL, NJ 08054
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LVNV Funding, LLC.
15 South Main Street
Suite 500
Greenville, SC 29601
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Domestic Relations of
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Cumberland County
13 North Hanover Street
Carlisle, PA 17013
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Commonwealth of Pennsylvania
Department of Welfare et
P.O. Box 2675
Harrisburg, PA 17105
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Internal Revenue Service Advisory
1000 Liberty Avenue Room 704 t1'
Pittsburgh, PA 15222
30.47
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U.S. Department of Justice
U.S. Attorney for The Middle District of PA
Federal Building
228 Walnut Street, Suite 220
PO Box 11754
Harrisburg, PA 17108-1754
$0.47
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$3.29
Total Minitel of
Pieces Lined by SnMo,-
Tool Number of Picea
Recefsed at Pea Office
Ecerueoc,, Pee (Nina of
Receiving Employee)
The full dalanoon of aloe u required on alt domes* and international rept-vase; marl. The maxima indemnity payable
for the nxa*muction of nonce oriabk documents under Express Mel douenmt rectmor stion imtvance h 150.000 per
pieu s,Ejec to a Emit of $500,000 pa oonnence. The mudmam indmmYy payable nn Express Mel merclunduo is $500.
The muimem indemnity pryabk is S1S,000 for rap.,eed mail, atm wld optical insoraeoe. Sec Domenn. Mal Manua;
R900 5913 and 5921 for finiwloa of coverage..
Form 3877 Facsimile
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
I O i 30 Mi 9:140
11 ttMB BLAND COUtJ Y
rF¢Fr°E OF TN,w frlBGfxl� C V 1 1 `^
PESSSYLVANtA
PHH Mortgage Corporation
vs.
Hoang K Tran
Case Number
2013-7022
SHERIFF'S RETURN OF SERVICE
06/19/2014 06:59 PM - Deputy Shawn Harrison, being duly sworn according to law, states service was performed by
posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the
above titled action, upon the property located at 20 Central Boulevard, Camp Hill, PA 17011, Cumberland
County.
06/19/2014 06:59 PM - Deputy Shawn Harrison, being duly sworn according to law, served the requested Real Estate
Writ, Notice and Description, in the above titled action, by making known its contents and at the same
time personally handing a true copy to a person representing themselves to be the Defendant, to wit:
Hoang K Tran at 20 Central Boulevard, Hampden Township, Camp Hill, PA 17011, Cumberland County.
09/03/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had
been given according to law, he exposed the within described premises at public venue or outcry at the
Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, on Wednesday, September,
3, 2014 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Joseph Schalk, on behalf of
Federal National Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of $
SHERIFF COST: $902.94 SO ANSWERS,
October 07, 2014 RONN'Y R ANDERSON, SHERIFF
oiunt@SUae S erit`. i eleosaft. Inc
On May 19, 2014 the Sheriff levied upon the
defendant's interest in the real property situated in
Hampden Township, Known and numbered as,
20 Central Boulevard, Camp Hill, as Exhibit "A"
filed with this Writ and by this Reference
incorporated herein.
Date: May 19, 2014
By:
�t irk n "�--►� tilt/
Real Estate Coordinator
LXIII 29 CUMBERLAND LAW JOURNAL • , 07/ 18/14
Writ No. 2013-7022 Civil
PHH MORTGAGE CORPORATION
•",; , vt• ".; 'I 1-
HOANG K. TRAN
Atty.: Joseph Schalk
By virtue of a Writ of Execution
No. 13 -7022 -CIVIL. PHH Mortgage
•
Corporation, f/k/ a Era Mortgage v.
'Hoang Tr gn 'owner(s) 'Of property
4. situate in..HAMPDEN TOWNSHIP;
CUMBERLAND Cminty,,Penn'Syl-
vania, behig 20 bentfal BouleVard,
Camp Hill, PA,I70114209:„
Parcel No. 10-21-0277-160.'
Improvements thereon: ,RE SIDEN-
TIAL DWELLING.
JtidgmentAthount: $141,98539. 't
.4.t I '4
r
•
• • -.„: ),- ••,
101
• . .
••:,‘,, 4r. 0 • - •-• •••-- —
The Patriot -News Co.
1900 Patriot Drive
' `Mechanicsburg, PA 17050
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE
PA 17013
he atriotXews
Now you know
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Amy Kotula, being duly sworn according to law, deposes and says:
That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 1900 Patriot Drive, in the Township of
Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday
Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State
aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949,
respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said
Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as
to the time, place and character of publication are true; and
That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
2013.7022 Civil Term
PHH MORTGAGE
CORPORATION
vs
HOANG K TRAN
Atty: Joseph Schalk
By virtue of a Writ of Execution No.
13 -7022 -CIVIL
PHH Mortgage Corporation, f/kla Era
Mortgage
v.
Hoang K. Tran
owner(s) of property situate
in HAMPDEN TOWNSHIP,
Cumberland County, Pennsylvania,
being
20 Central Boulevard, Camp Hill, PA
17011-4209
Parcel No. 10-21-0277-160.
(Acreage or street address)
Improvements thereon:
RESIDENTIAL DWELLING
Judgment Amount: $141,985.39
Sworn
This ad ran on the date(s) shown below:
07/13/14
07/20/14
07/27/14
subsc '•ed before me this 20 day of August, 2014 A.D.
.Puub„li,
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Sheryl Marie Leggore, Notary Public
Hampden Twp., Cumberland County
My Commission Expires July 16, 2018
MEMBER. PENNSYLVANIA ASSOCIATION OF NOTARIES
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
} SS:
I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the
Sheriffs Deed in which Federal National MTg Assoc is the grantee the same having been sold to said
grantee on the 3rd day of September A.D., 2014, under and by virtue of a writ Execution issued on the
16th day of May, A.D., 2014, out of the Court of Common Pleas of said County as of Civil Term, 2013
Number 7022, at the suit of PHH Mortgage Corp FKA ERA Mortgage against Hoang K Tran is duly
recorded as Instrument Number 201424912.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this 30
ed* -022— , A.D.07O/
V)"-`ry ?it_.
day of
Recorder of Deeds
ecorder „ s, Cumberland County, Carlisle, PA
My Commi ion Expires the First Monday of Jan. 2018
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA :
ss.
COUNTY OF CUMBERLAND :
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
July 11, July 18 and July 25, 2014
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
a1 e -
Coyne, Editor
SWORN TO AND SUBSCRIBED before me this
da of July, 2014
I _`_L�✓./' L 11
Notary
COMMONWEALTH OF PENNSYLVANIA
LNOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BORO., CUMBERLAND CNTY
My Commission Expires Apr 28, 2018