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HomeMy WebLinkAbout13-7057 Supreme Cou.rtrof Pennsylvania -� CoU U. off` Common ,Pleas For Prothonotary Use Only: vilCove S>`eet CU1VI'B� ANDS i r` County Docket No: � l The information collected on this form is used solely for court administration purposes. This form does not supplement or rep lace the filing and service ofpleadings or other a ers as req uiredby law or rules o court. S Commencement of Action: Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff s Name: PHH MORTGAGE Lead Defendant's Name: JENNIFER D. EASTON T CORPORATION I Are money damages requested? ❑ Yes ❑x No Dollar Amount Requested: ❑ within arbitration limits O (Check one) ❑D outside arbitration limits N Is this a Class Action Suit? ❑ Yes 0 No Is this an N WJ Appeal? ❑Yes No A Name of Plaintiff /Appellant's Attorney: Meredith Wooters, Esq., Id. No.307207, Phelan Hallinan, LLP ❑ Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the:Case Place an "X" to the left of the ONE case: category that most accurately describes. your.. PRIMARY CASE. If you are: making more than one type of claim, check the one that you consider most important: TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not S include mass tort) ❑ Employment Dispute: ❑ Slander/Libel/ Defamation Discrimination E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T I MASS TORT ❑ Other: O ❑ 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 ® 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.C.P. 205.5 Updated 01/01/2011 r� (:(.-��IBERL AND CCUPjTy FF _WjS YLVA NIA PHELAN HALLINAN, LLP Meredith Wooters, Esq., Id. No.307207 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 21.5 -563 -7000 PHH MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD COURT OF COMMON PLEAS MOUNT LAUREL, NJ 08054 CIVIL DIVISION Plaintiff V. TERM ut JENNIFER D. EASTON NO. 14 SOUTH 17TH STREET CAMP HILL, PA 17011 -4811 CUMBERLAND COUNTY JOSEPH J. EASTON 14 SOUTH 17TH STREET CAMP HILL, PA 17011 -4811 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 310996 1. Plaintiff is PHH MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: JENNIFER D. EASTON JOSEPH J. EASTON 14 SOUTH 17TH STREET CAMP HILL, PA 17011 -4811 who is /are the mortgagor(s) and /or real owner(s) of the property hereinafter described. 3. On 06/20/2007 JENNIFER D. EASTON and JOSEPH J. EASTON made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR ERA HOME LOANS, which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1997, Page 946. By Assignment of Mortgage recorded 07/01/2009 the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Assignment of Mortgage Instrument No. 200922510.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. File #: 310996 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2012 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. 6. The following amounts are due on the mortgage as of 10/01/2013: Principal Balance $210,421.56 Interest $21,042.08 06/01/2012 through 10/01/2013 Late Charges $701.55 Property Inspections $56.25 Escrow Deficit $10,253.46 TOTAL $242,474.90 7. Plaintiff is not seeking a judgment of personal liability (or an in persona m judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 310996 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. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $242,474.90, 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: � 6ud�� Meredith Wooters, Esq., Id. No.307207 Attorney for Plaintiff File #: 310996 LEGAL DESCRIPTION ALL THAT lot of land with improvements thereon erected situate in the Borough of Camp Hill, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING on the western line of South 17th Street, on the northern line of Lot No. 15 as shown on a Plan of Lots of Jacob L. Heyd, as recorded in the Cumberland County Recorder's Office in Plan Book No. 1, Page 65; thence in a southerly direction along the western line of said Street, fifty (50) feet to a point in the center line of Lot No. 18 as shown on said Plan; thence in a westerly direction through the center of said Lot No. 18, one hundred forty -two (142) feet to a twenty (20) foot wide alley; thence in a northerly direction along the eastern line of said alley, fifty (50) feet to a point at the southwest corner of Lot No. 15 and the northwest corner of Lot No. 16 on said Plan of Lots; thence in an easterly direction along the northern line of Lot No. 16, one hundred forty -two (142) feet to the place of BEGINNING. BEING Lots Nos. 16 and 17 and the northern ten (10) feet of Lot No. 18 as shown on said Plan. Said lot also being identified as Lot No. 16A on the Final Resubdivision Plan of Lots 16, 17, 18, 19, and 20, Jacob L. Heyd Subdivision, dated August 4, 1978 and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 33, Page 150. BEING THE SAME premises which Tina B. Beaupre, a single person, by Deed bearing date the 18th day of June, 2007, and about to be herewith recorded in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, granted and conveyed unto Jennifer D. Easton, a single person. File #: 310996 UNDER AND SUBJECT TO conditions and restrictions which now appear of record. PARCEL #01 -22- 0536 -063 PROPERTY ADDRESS: 14 SOUTH 17TH STREET, CAMP HILL, PA 17011 -4811 PARCEL #01 -22- 0536 -063. File #: 310996 r VERIFICATION JMWT"S" N , hereby states that he /she is /9$7. Ukff� of, PHH MORTGAGE CORPORATION, Plaintiff in this matter, that he /she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his /her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. By PHH Mortgage Corporation, Its authorized agent, Date: _ By LrAk Lamont Sa eton Assistant Vice Piestd.ni PHS #: 310996 Name: EASTON File #: 310996 FORM 1 IN THE COURT OF COMMON PLEAS PHH MORTGAGE CORPORATION OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. JENNIFER D. EASTON S� JOSEPH J. EASTON bJ Defendant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you m2y 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 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 fmandal worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a concilation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date Meredith Wooters, Esq., Id. No.307207 "n °rx C:) Attorney for Plaintiff 3'. n : n CD CD _.{ C-n.: 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 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 #1: 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" Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. not covered Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Mone Da /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION I /We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /We understand that I /we am /are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249 -3166 (800) 990 -9108 File #: 310996 += [HE P ROTHONOTAR 70I3 DEC I3 AHfI: GI PHELAN HALLINAN,LLP Adam H.Davis,Esq.,Id.No.203034 CUMBERLAND COUNTY 1617 JFK Boulevard,Suite 1400 PENNSYLVANIA One Penn Center Plaza Philadelphia,PA 19103 • Adam.Davis @PhelanHallinan.com 215-563-7000 PHH MORTGAGE CORPORATION : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION vs. : CUMBERLAND COUNTY • JENNIFER D. EASTON : No. 13-7057-CIVIL JOSEPH J. EASTON • Defendants • PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN,LLP By: X.47e2---- Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff Date: /2k/i'3 /knm, Svc Dept. File#804758 ao c/ # J ?7fD� g 099 34`i ?: SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith 'r 16 C ! Chief Deputy Richard W Stewart �' _1' ��� ;. Solicitor PHH Mortgage Corporation Case Number vs. Jennifer D. Easton (et al.) 2013-7057 SHERIFF'S RETURN OF SERVICE 11/27/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Jennifer D. Easton, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according to law. 12/02/2013 07:20 PM- Deputy Brian Grzyboski, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the Defendant, to wit: Joseph J. Easton at 14 South 17th Street, Camp Hill Borough, Camp Hill, PA 17011. BRIAN GRZY OSKI, 6tPUTY 12/20/2013 03:27 PM -The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure served by the Sheriff of York County upon Jennifer D. Easton, personally, at York County Sheriffs Office, 45 N. George Street, York, PA 17401. Richard P. Keuerleber, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $69.95 SO ANSWERS, January 07, 2014 RbNW R ANDERSON, SHERIFF PELINS ''111 PHELAN HALLINAN, LLP D. Troy Sellars, Esq., Id. No. 210302 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 1360 PHH MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 v. Attorney for Plaintiff Court of Common Pleas Civil Division Plaintiff No. 13 -7057 -CIVIL Cumberland County JENNIFER D. EASTON 14 SOUTH 17TH STREET CAMP HILL, PA 17011-4811 JOSEPH J. EASTON 14 SOUTH 17TH STREET CAMP HILL, PA 17011-4811 Defendants MOTION TO LIFT CONCILIATION STAY Plaintiff, PHH Mortgage Corporation (hereinafter "Plaintiff'), by its attorney, D. Troy Sellars, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 1. On November 27, 2013, Plaintiff filed a Complaint in Mortgage Foreclosure 804758 against Defendants for their failure to make monthly payments of principal and interest upon their mortgage due July 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 20, 2013, Plaintiff completed service of the Complaint in Mortgage Foreclosure along with the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice upon the Defendants. A true and correct copy of the Sheriffs Return of Service is attached hereto, made part hereof and marked as Exhibit "B". 3. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the Foreclosure action is stayed for sixty (60) days from the date of service. 4. Within 60 days after service of the complaint, the Defendants may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request, the Court will schedule a Conciliation Conference. The program provides that Defendants must contact MidPenn Legal Services within the first twenty (20) days of receipt of notice if not represented by counsel. 5. If more than sixty (60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendants have not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendants failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty (60) days of service. 7. Since Defendants have opted not to participate in the Diversion Program, it is appropriate for the stay to be lifted. 804758 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: 6/6///1 y 804758 Respectfully submitted, PHELAN HALLINAN, LLP 6: BY: A. D. Troy Agars, Esquire Attorney for Plaintiff Exhibit "A" PHELAN HALLMAN, LLP Meredith Wooten, Esq., Id. No.307207 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 10103 215-563-7000 PIM MORTGAGE CORPORATION 2001 BISHOPS, GATE BLVD MOUNT LAUREL, NJ 08054 Plaintiff V. JENNIFER D, EASTON 14 SOUTH 17TH STREET CAMP HILL, PA 17011-4811 JOSEPH J. EASTON 14 SOUTH 17TH STREET CAMP HILL, PA 17011-4811 #: 310996 Defendants OF Ti.tiLPERDQ1Q1•FIWOLTAR 20130 27 PH 1105 CUMBEFILANO C UNTY PENNS YLYA . • • _ • • • • 1. • ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO /3 -)b.S7 Ci CUMBERLAND COUNTY S 1-5 C T 1 0 A S E C T 1. 0 N Civil Coyer Sheet MpERLANl County For Prothonotary Use Only: Docket No: The information collected on this form is used solely for court administration purposes. This forte does not sult'lemon or re dace the Jilin -and service ofpkul/iujs or other /nt/iers as rerlr.rired In, law or rules oJ'court, Commencement of Action: lJ Complaint 0 Writ of Summons 0 Petition 0 Transfer from Another' Jurisdiction 0 Declaration of Taking Lead Plaintiffs Name: PIIII MORTGAGE CORPORATION Lead Defendant's Name: JENNIFER -D. EASTON Are money damages requested? ❑ Yes © No Dollar Amount Requested: 0 within arbitration limits (Check one) f3 outside arbitration limits Is this a Class Action Suit? 0 Yes 0 No Is this an IVIDJ Appeal? 0 Yes 0 No Name of Plaintiff/Appellant's Attorney: Meredith Warners, Esq., T.d. No.307207. Phelan Hallinan LLP (are a Self -Represented [Pro Se] ,Litigant) ❑ Check here if you have no attorney 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 Moss Tort) ❑ Intentional ❑ Malicious Prosecution ❑ Motor Vehicle ❑ Nuisance ❑ Premises Liability ❑ Product Liability (does' not Include mass tort) ❑ Slander/Libel/ Defamation ❑ Other: . ASS TORT ❑ Asbestos 0 Tobacco 0 Toxic Tort - DES ❑ Toxic Tort - Implant f7 Toxic Waste ❑ Other: CONTRACT (do not include. Judgments) O Buyer Plaintiff 0 Debt Collection: Credit Card O Debt Collection: Other ❑ Employment Dispute: Discrimination ❑ Employment Dispute: Other 0 Other: WOFESSIONAL LTA ❑ Dental ❑ Legal U Medical 0 Other Professional: REAL PROPERTY ❑ Ejectment 0 Eminent Domain/Condemnation ❑ Ground Rent ❑ Landlord/Tenant Dispute O Mortgage Foreclosure: Residential 17 Mortgage Foreclosure: Commercial 0 Partition ❑ Quiet Title ❑ Other: Pa.R.CP. 205,5 CIVIL APPEALS Administrative Agencies Board of Assessment ❑ Board of'Elections ❑ Dept. of Transportation ❑ Statutory Appeal: Other LI Zoning Board ❑ Other: MISCELLANEOUS ❑ Common Law/Statutory Arbitration ❑ Declaratory Judgment ❑ Mandamus ❑ Non -Domestic Relations Restraining Order 0 Quo Warranto ❑ Replevin ❑ Other: Updated 01/01/2011 IN THE COURT OF COMMON PLEAS PHH MORTGAGE CORPORATION OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. JENNIFER D. EASTON JOSEPH J. EASTON Defendant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you mq 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 most take the following steps to be eligible for a conciliation conference. First, within twenty (20) clays of your receipt of this notice, von must contact MidPenn legal Services at (717) 2439400 extension 2510 or (800) 822-5288 extension 2510 and request appoinitnrnt of a legal representative at no charge to you. Oncu you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days ol'the appointment date, During that meeting, you must provide the legal representative with all requested financial inimmation so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a fintutcial worksheet in the Willa 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 ea at cilia tion conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonablcarvangements 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 he eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. I lowecer, you 'oust provide your lawyer with all requested financial information so that a loan resolution proposal can he prepared on your behalf. I1'you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty (Gut) clays of the service upon you of the foreclosure complaint. If'you do so and a concilation conference is scheduled, you will have an opportunity to meet with a representative of your lender in art attempt to work out reasonable arguments with your lender before, the nwrIp age forrclnsurc suit proceeds forward. iF YOU WISH TO SAVE YOI1R HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THiS NOTICE. Tills PROGRAM IS FREE. Respectfully submitted; Meredith Wooters, Esq., Id. No.307207 Attorney for Plaintiff Date NORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet 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 ol'your knowledge: Borrower name(s): Property Address: City: Is the property for sale? Realtor Name: Borrower Occupied? Mailing Address (if different): City: State: Zip: _ Yes No Listing date: Price: Realtor Phone: YesLJ State: Zip: Phone Numbers: Home:, Office: Cell: Other: Email: # of people in household: How long? Mailing Address: City: _ State: Zip: Phone Numbers: Home: Office: Email: Cell: Other: # of people in household: How long? First Mortgage Lender: Type of Loan: Loan Number: Second Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Total Mortgage Payments Amount: $ Date of Last Payment: Included Taxes & Primary Reason for Default: sw.attun ut t.:uur t, ease numoer & attorney: Assets _ Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: S. $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Amount owed: Value: Automobile #2: Model: Amount owed: Value: Other transportation (automobiles, boats, motorz. cies): Model: Year: Amount owed: Value Year: Year: 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): I . monthly amount: 2. monthly amount: Borrower Pay Days: Co-Rorrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Murime Food ,,t-- 2.MortEge Utilities Car Payment(s) CondoNei. . Fees Auto Insurance— Mud. (not covered) Auto fuel/repairs Other roppayment Cable TV Install. Loan Payment Child Support/Alin-I. SpendingMoney D'iy/Child Care/Tuit, ...... ...„. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? YesE No If yes, please provide the following information: Counseling Agency: Phone (Office): Fax: Counselor: Email Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application:__.___ Have you had any priorrnegotiations 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: 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 Co -Borrower Signature Date Date Please forward this document along with the following information to lender and lender's counsel: I. 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) NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must tak:e 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 OFFICI CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDI 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 t'ilc At 31 O'9')G PHELAN IIALL1NAN, LLP Meredith Wooters, Esq., Id. No.307207 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ATTORNEY FOR PLAINTIFF PHH MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD COURT OF COMMON PLEAS MOUNT LAUREL, NJ 08054 CIVIL DIVISION Plaintiff v. TERM JENNIFER D. EASTON NO. 14 SOUTH 17TH STREET CAMP HILL, PA 17011,-4811 CUMBERLAND COUNTY JOSEPH S. EASTON 14 SOUTH 17TH STREET CAMP HILL, PA 17011-4811 Defendants CIVIL ACTION - LAW, COMPLAINT IN. MORTGAGE FORECLOSURE Ii: 3109% l Plaintiff is PHH MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: JENNIFER D. EASTON JOSEPH J. EASTON 14 SOUTH 17TH STREET CAMP HILL, PA 17011-4811 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/20/2007 JENNIFER D. EASTON and JOSEPH J. EASTON made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELEC"I'RONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR ERA HOME LOANS, which mortgage is recorded in the Office of the Recorder of Deeds of CUMI3ERLAND County, in Mortgage Book 1997, Page 946. By Assignment of Mortgage recorded 07/01/2009 the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Assignment of Mortgage Instrument No. 200922510.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, Pilo #: 710996 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2012 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. 6. The following amounts are due on the mortgage as of 10/01/2013; • Principal Balance $210,421.56 Interest $21,042.08 06/01/2012 through I 0/01/2013 Late Charges $701.55 Property Inspections $56.25 Escrow Deficit $10253.46 TOTAL $242,474.90 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. FIlt: II: 310996 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. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $242,474,90, 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. By: Meredith Wooters, Attorney for Plaintif PHELAN HALLINAN, LLP P,U n: 3109)G q , Id No.307207 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land with improvements thereon erected situate in the Borough of Camp Hill, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING on the western line of South 17th Street, on the northern line of Lot No, 15 as shown on a Plan of Lots of Jacob L. Heyd, as recorded in the Cumberland County Recorder's Office in Plan Book No. 1, Page 65; thence in a southerly direction along the western line of said Street, fifty (50) feet to a point in the center line of Lot No, 18 as shown on said Plan; thence in a westerly direction through the center of said Lot No. 18, one hundred forty-two (142) feet to a twenty (20) foot wide alley; thence in a northerly direction along the eastern line of said alley, fifty (50) feet to4a point at the southwest. corner of Lot No. 15 and the northwest corner of Lot No. (6 on said Plan of Lots; thence in an easterly direction along the northern line of Lot No. 16, one hundred forty-two (142) feet to the place of' BEGINNING. BEING Lots Nos. 16 and 17 and the northern ten (10) feet of Lot No, 18 as shown on said Plan, Said lot also being identified as Lot No. 16A on the Final Resubdivision Plan of Lots 16, 17, 18, 19, and 20, Jacob L. Heyd Subdivision, dated August 4, 1978 and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 33, Page 150, BEING THE SAME premises which Tina B. Beaupre, a single person, by Deed bearing date the 18th day of Rine, 2007, and about to be herewith recorded in the Office of the Recorder of Deedi in and for the County of Cumberland, Pennsylvania, granted and conveyed unto Jennifer D. Easton, a single person. ri!c 311996 UNDER AND SUBJECT TO conditions and restrictions which now appear of record, PARCEL #01-22-0536-063 PROPERTY ADDRESS: 14 SOUTH 17TH STREET, CAMP HILL, PA 17011:4811 PARCEL #01-22-0536-063, Olt. it. I 09ci VERIFICATION 11.iher/SATtgit./1 , hereby states that he/she isAgir.1.1/6510/4/Or'of, PH.H 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: ...11-A:15_ By 'PHS #: 310996 Name; EASTON [tie it 31096 By PHH Mortgage Corporation, Its authorized agent, Lamont S eton AssistantVice Presir,:f-t Exhibit "B" Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY Go{t{it� of tifq{�i��/,l�ia, J1W 16 A11 Irl: I °•;" ;r w _ i•J�'iBERLAN {n 111 IA PHH Mortgage Corporation vs. Jennifer D. Easton (et al.) Case Number 2013-7057 SHERIFF'S RETURN OF SERVICE 11/27/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Jennifer D. Easton, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according to law. 12/02/2013 07:20 PM - Deputy Brian Grzyboski, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Joseph J. Easton at 14 South 17th Street, Camp Hill Borough, Camp Hill, PA 17011. i�I BRIAN GRZY:OSKI, PUTY //-31 12/20/2013 03:27 PM - The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure served by the Sheriff of York County upon Jennifer D. Easton, personally, at York County Sheriffs Office, 45 N. George Street, York, PA 17401. Richard P. Keuerleber, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $69.95 SO ANSWERS, January 07, 2014 RONNY R ANDERSON, SHERIFF {•:' Gnwrs:10,.;o ::.�'.I il' •i N:lO:A:: {"r PHELAN HALLINAN, LLP D. Troy Sellars, Esq., Id. No. 210302 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 1360 PHH MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 Plaintiff v. JENNIFER D. EASTON 14 SOUTH 17TH STREET CAMP HILL, PA 17011-4811 JOSEPH J. EASTON 14 SOUTH 17TH STREET CAMP HILL, PA 17011-4811 Defendants Attorney for Plaintiff Court of Common Pleas Civil Division No. 13 -7057 -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: JENNIFER D. EASTON 14 SOUTH 17TH STREET CAMP HILL, PA 17011-4811 JOSEPH J. EASTON 14 SOUTH 17TH STREET CAMP HILL, PA 17011-4811 Date: 6/74 By: 804758 D. Troy SJlars, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION Court of Common Pleas 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 Civil Division Plaintiff No. 13 -7057 -CIVIL v. Cumberland County JENNIFER D. EASTON 14 SOUTH 17TH STREET CAMP HILL, PA 17011-4811 JOSEPH J. EASTON 14 SOUTH 17TH STREET CAMP HILL, PA 17011-4811 Defendants AND NOW, this day of ORDER rn CD .✓ F , 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. 804758 CC: Jennifer D. Easton Joseph J. Easton D. Troy Sellars, Esq., Id. No. 210302 Attorney for Plaintiff .,21HELAN HALLINAN, LLP D. Troy Sellars, Esq., Id. No. 210302 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 1360 VINNIFER D. EASTON 14 SOUTH 17TH STREET CAMP HILL, PA 17011-4811 .70SEPH J. EASTON 14 SOUTH 17TH STREET CAMP HILL, PA 17011-4811 Cos fiLlic-ct_ to1 804758 PHELAN HALLINAN, LLP Michael Dingerdissen, Esq., Id. No.317124 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Michael.Dingerdissen@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION vs. JENNIFER D. EASTON JOSEPH J. EASTON ,• ED -OFFICE 1;; - THE PROTHONOTARY 1014 JUN 30 A A9o4 y for Plaintiff CUMBERLAND COUNTY PENNS YLVANIA : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 13 -7057 -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 JENNIFER D. EASTON and JOSEPH J. EASTON, Defendants 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 $242,474.90 $242,474.90 I hereby certify that (1) the Defendants' last known address is 14 SOUTH 17TH STREET, CAMP HILL, PA 17011-4811, and (2) that notice has been given in accordance with Rule Pa.R.C.P 2.1. /ziJ,q 11 -,±--- Michael Dingerdissen, Esq., Id. No.317124 Attorney fo 'laintiff Date DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PH # 804758 14 PROTHONOTARY GW,>t S1k0•SuPA Ckw 1u244us 804758 S 1R.A3b-1sa-0 o\) ivkciA\-41 PHELAN HALLINAN, LLP Michael Dingerdissen, Esq., Id. No.317124 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Michael.Dingerdissen@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION vs. JENNIFER D. EASTON JOSEPH J. EASTON Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION : No. 13 -7057 -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 defendants JENNIFER D. EASTON and JOSEPH J. EASTON are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, as amended. (b) that defendant JENNIFER D. EASTON is over 18 years of age and resides at 14 SOUTH 17TH STREET, CAMP HILL, PA 17011-4811. (c) that defendant JOSEPH J. EASTON is over 18 years of age and resides at 14 SOUTH 17TH STREET, CAMP HILL, PA 17011-4811. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date Phelan Hallinan, LLP Michael Dingerdissen, Esq., Id. No.317124 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 804758 Department of Defense Manpower Data Center „ Results as of : Jun -27-2014 12:08:23 AM SCRA 3M Status Report Pursuant to Servicernembers Civil Relief Act Last Name: EASTON First Name: JOSEPH Middle Name: J Active Duty Status As Of: Jun -27-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA --t, t -2-- NA , i -i i , No i NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA --t, t -2-- NA , i -i i , No i NA ) This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or Nisfrier Unit Was Notified of a Future Calf -Up to Active Duty on Active Duly Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA - ---4. - .. *- --- . ' No NA This response reflects wheth'Mhe individlial 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 Ser7v" iees (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 Department of Defense Manpower Data Center Results as of: Jun -27-2014 12:08:14 AM SCRA 3.0 Status Report Pursuant to Servicemembers Civil Relief Act Last Name: EASTON First Name: JENNIFER Middle Name: D Active Duty Status As Of: Jun -27-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals' adive duty status based on the Active Duty Status Date r Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA . - NA No. , NA This response reflects Where the indi'vidual left active duty status within 367 days preceding the Active Duty Status Date A The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA ' No NA This response reflects whether the individtial 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 SeTvices (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 COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. JENNIFER D. EASTON NO. 13 -7057 -CIVIL JOSEPH J. EASTON Defendant(s) CUMBERLAND COUNTY TO: JENNIFER D. EASTON 14 SOUTH 17TH STREET CAMP HILL, PA 170;1 1-481 DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEMULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By:. PH # 804758 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Michael Ding rdissen, Esq., Id. No, 7124 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHH MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. JENNIFER D. EASTON JOSEPH J. EASTON NO. 13 -7057 -CIVIL Defendant(s) CUMBERLAND COUNTY TO: JOSEPH J. EASTON 14 SOUTH 17TH STREET CAMP HILL, PA 1 701 1-48 1 1 DATE OF NOTICE: p4 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 PH # 804758 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Michael Dingerdissen, Esq., Id. No.317124 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (Rule of Civil Procedure No. 236) - Revised PHH MORTGAGE CORPORATION : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS JENNIFER D. EASTON JOSEPH J. EASTON : CIVIL DIVISION : No. 13 -7057 -CIVIL Notice is given th t a Judgment in the above captioned matter, has been:entered against you on If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Michael Dingerdissen, Esq., Id. No.317124 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM 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. ** 804758 PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 PHH Mortgage Corporation Plaintiff V. Jennifer D. Easton Joseph J. Easton Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 07/01/2014 to Date of Sale ($39.86 per diem) TOTAL Note: Please attach description of property. PH # 804758 : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 13 -7057 -CIVIL : CUMBERLAND COUNTY $242,474.90 $6,218.16 it 248 693.06 4 rri. =r-ri Z---zi CD r - C . I) ,..._ Phelan 11,1 I an, LLP Joseph A. A. Dessoye, Esq., Id. No.200479Zcj Attorney for Plaintiff P• n Z CD , S LL. )4135,6-2 Ot/ .2szdbi G) -c" 718. LEGAL DESCRIPTION ALL THAT CERTAIN lot of land with improvements thereon erected situate in the Borough of Camp Hill, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING on the western line of South 17th Street, on the northern line of Lot No. 15 as shown on a Plan of Lots of Jacob L. Heyd, as recorded in the Cumberland County Recorder's Office in Plan Book No. 1, Page 65; thence in a southerly direction along the western line of said Street, fifty (50) feet to a point in the center line of Lot No. 18 as shown on said Plan; thence in a westerly direction through the center of said Lot No. 18, one hundred forty-two (142) feet to a twenty (20) foot wide alley; thence in a northerly direction along the eastern line of said alley, fifty (50) feet to a point at the southwest corner of Lot No. 15 and the northwest corner of Lot No. 16 on said Plan of Lots; thence in an easterly direction along the northern line of Lot No. 16, one hundred forty-two (142) feet to the place of BEGINNING. BEING Lots Nos. 16 and 17 and the northern ten (10) feet of Lot No. 18 as shown on said Plan. Said lot also being identified as Lot No. 16A on the Final Resubdivision Plan of Lots 16, 17, 18, 19, and 20, Jacob L. Heyd Subdivision, dated August 4, 1978 and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 33, Page 150. BEING THE SAME premises which Tina B. Beaupre, a single person, by Deed bearing date the 18th day of June, 2007, and about to be herewith recorded in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, granted and conveyed unto Jennifer D. Easton, a single person. UNDER AND SUBJECT TO conditions and restrictions which now appear of record. PARCEL #01-22-0536-063 TITLE TO SAID PREMISES VESTED IN Jennifer D. Easton and Joseph J. Easton, w/h, by Deed from Tina B. Beaupre, single person, dated 06/11/2007, recorded 06/26/2007 in Book 280, Page 3177. PREMISES BEING: 14 South 17th Street, Camp Hill, PA 17011-4811 PARCEL NO. 01-22-0536-063. PHELAN HALLINAN, LLP Joseph A. Dessoye, Esq., Id. No.200479 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH Mortgage Corporation Plaintiff v. Jennifer D. Easton Joseph J. Easton Defendant(s) of: T `r�`IE trPRO L31J TG1Hr Irk tAttorneys for Plaintiff CNU T r�' 2014 AUG -11 AH IG: 4 CUMBERLAND COUNTY PENNSYLVVNIA CERTIFICATION : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 13 -7057 -CIVIL . Cumberland County The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: the mortgage is an FHA Mortgage the premises is non -owner occupied the premises is vacant Act 91 procedures have been fulfilled Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to By: diAO authorities. P . n Hal nan, LLP Joseph A. essoye, Esq., Id. No.200479 Attorney for Plaintiff PHH Mortgage Corporation 'Plaintiff v. Jennifer D. Easton Joseph J. Easton Defendant(s) . THE PRO THONO-,E'.,fit 2014 AUG - Li AM 10: CUMBERLAND COUNT•y PENNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION NO.: 13 -7057 -CIVIL CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 PHH Mortgage Corporation, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 14 South 17th Street, Camp Hill, PA 17011-4811. 1. Name and address of Owner(s) or reputed Owner(s): Name Jennifer D. Easton Joseph J. Easton 2. Name and address of Defendant(s) in the judgment: Name Jennifer D. Easton Joseph J. Easton Address (if address cannot be reasonably ascertained, please so indicate) 14 South 17th Street, Camp Hill, PA 17011-4811 14 South 17th Street, Camp Hill, PA 17011-4811 Address (if address cannot be reasonably ascertained, please so indicate) 14 South 17th Street Camp Hill, PA 17011-4811 14 South 17th Street Camp Hill, PA 17011-4811 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) PH # 804758 None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may y 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 14 South 17th Street Camp Hill, PA 17011-4811 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 stents herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification t Date: 3( l� PH # 804758 By: Phelan Halli ,:" , LL Joseph A. De oye, Esq., Id. No.200479 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 PHH Mortgage Corporation vs. r-ROil-IONOTtri;' 2014 US ---L# A [ ilCOURT OF COMMON PLEAS CUMBERLAND f�D Plaintiff CIVIL DIVISION PENNSYLVANIAN COUNTY : NO.: 13 -7057 -CIVIL Jennifer D. Easton Joseph J. Easton : Cumberland County Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Jennifer D. Easton Joseph J. Easton 14 South 17th Street Camp Hill, PA 17011-4811 **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 14 South 17th Street, Camp Hill, PA 17011-4811 is scheduled to be sold at the Sheriff's Sale on 12/03/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $242,474.90 obtained by PHH Mortgage Corporation (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared r:o 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 -7057 -CIVIL PHH Mortgage Corporation v. Jennifer D. Easton Joseph J. Easton owner(s) of property situate in the CAMP HILL BOROUGH, CUMBERLAND County, Pennsylvania, being 14 South 17th Street, Camp Hill, PA 17011-4811 Parcel No. 01-22-0536-063. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $242,474.90 Attorneys for Plaintiff Phelan Hallinan, LLP • LEGAL DESCRIPTION ALL THAT CERTAIN lot of land with improvements thereon erected situate in the Borough of Camp Hill, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING on the western line of South 17th Street, on the northern line of Lot No. 15 as shown on a Plan of Lots of Jacob L. Heyd, as recorded in the Cumberland County Recorder's Office in Plan Book No. 1, Page 65; thence in a southerly direction along the western line of said Street, fifty (50) feet to a point in the center line of Lot No. 18 as shown on said Plan; thence in a westerly direction through the center•of said Lot No. 18, one hundred forty-two (142) feet to a twenty (20) foot wide alley; thence in a northerly direction along the eastern line of said alley, fifty (50) feet to a point at the southwest corner of Lot No. 15 and the northwest corner of Lot No. 16 on said Plan of Lots; thence in an easterly direction along the northern line of Lot No. 16, one hundred forty-two (142) feet to the place of BEGINNING. BEING Lots Nos. 16 and 17 and the northern ten (10) feet of Lot No. 18 as shown on said Plan. Said lot also being identified as Lot No. 16A on the Final Resubdivision Plan of Lots 16, 17, 18, 19, and 20, Jacob L. Heyd Subdivision, dated August 4, 1978 and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 33, Page 150. BEING THE SAME premises which Tina B. Beaupre, a single person, by Deed bearing date the 18th day of June, 2007, and about to be herewith recorded in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, granted and conveyed unto Jennifer D. Easton, a single person. UNDER AND SUBJECT TO conditions and restrictions which now appear of record. PARCEL #01-22-0536-063 TITLE TO SAID PREMISES VESTED IN Jennifer D. Easton and Joseph J. Easton, w/h, by Deed from Tina B. Beaupre, single person, dated 06/11/2007, recorded 06/26/2007 in Book 280, Page 3177. PREMISES BEING: 14 South 17th Street, Camp Hill, PA 17011-4811 PARCEL NO. 01-22-0536-063. I 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 Vs. NO 13-7057 Civil Term CIVIL ACTION — LAW JENNIFER D. EASTON JOSEPH J. EASTON 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: $242,474.90 L.L.: $.50 Interest FROM 7/1/2014 TO DATE OF SALE ($39.86 PER DIEM) - $6,218.16 Atty's Comm:. Due Prothy: $2.25 Atty Paid: $230.45 Other Costs: Plaintiff Paid: Date: 8/4/14 Da d D. Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: JOSEPH A. DESSOYE, 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. 200479 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 FiLti-OF 1U OF THE PROTHONO~Al, 21114 AUG 27 M1 9: X1TORNEY FOR PLAINTIFF CUMBERLAND COUNTY PENNSYLVANIA PHH MORTGAGE CORPORATION Plaintiff v. JENNIFER D. EASTON JOSEPH J. EASTON Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -7057 -CIVIL Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on November 27, 2013. 2. Judgment was entered on June 30, 2014 in the amount of $242,474.90. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 3, 2014. 804758 1 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through August 4, 2014 Late Charges Legal fees Cost of Suit and Title Property Inspections Appraisal/Brokers Price Opinion Mortgage Insurance Premium/ Private Mortgage Insurance Escrow to be Paid Escrow Deficit $210,421.56 $34,323.09 $701.55 $2,600.00 $701.05 $78.75 $100.00 $698.74 $2,753.81 $16,857.64 TOTAL $269,236.19 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on August 26, 2014 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 10. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin A. Hess entered an order granting Plaintiffs Motion to Lift Conciliation Stay date June 6, 2014. 804758 2 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: 6 12qty Phelan Hallinan, LLP onathan Lobb, Esquire ATTORNEY FOR PLAINTIFF 3 804758 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Perm Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff v. JENNIFER D. EASTON JOSEPH J. EASTON Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -7057 -CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE JENNIFER D. EASTON 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 14 SOUTH 17TH STREET, CAMP HILL, PA 17011-4811. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 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 804758 1 outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 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, 804758 2 Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). 804758 3 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 Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 804758 4 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 804758 5 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result•of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff s sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 804758 6 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become 804758 7 part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: Phelan Hallinan, LLP By: : n Lobb, Esquire Jona/ Attorney for Plaintiff 8 804758 PHELAN HALLINAN, LLP Michael Dingerdissen, Esq., Id. No.317124 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Michael.Dingerdissen@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION vs. JENNIFER D. EASTON JOSEPH J. EASTON .OF THE PRO ONOTAR. . 2414 JUN 30 AM tey for Plaintiff CUMBERLAND COUNTY PENNSYLVANIA CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 13 -7057 -CIVIL 1101434E, FILE V( PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: x.13 Y ss�CRV .� 14 Kindly enter judgment in favor of Me ftlaintiiff ahltalg'iinst JENNIFER D. EASTON and JOSEPH J. EASTON, Defendants 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 •s �..�1 1$242,474.90 VO $242,474.90 I hereby certify that (1) the Defendants' last known address is 14 SOUTH 17TH STREET, CAMP HILL, PA 17011-4811, and (2) that notice has been given in accordance with Rule Pa.R.C.P 23 .1. Date 1 10-L1 Michael Dingerdissen, Esq., Id. No.317124 Attoey for Main 1 DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: IrN51 ( 4 PH # 804758 PROTHONOTARY 804758 Exhibit "B" PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania August 19, 2014 JENNIFER D. EASTON JOSEPH J. EASTON 14 SOUTH 17TH STREET CAMP HILL, PA 17011-4811 RE: PHH MORTGAGE CORPORATION v. JENNIFER D. EASTON and JOSEPH J. EASTON Premises Address: 14 SOUTH 17TH STREET CAMP HILL, PA 17011 CUMBERLAND County CCP, No. 13 -7057 -CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 8/25/2014. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours. J nathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff Enclosure 804758 Name and Address Of Sender Phelan Hallinan, LLP 11110 1617 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 **** JENNIFER D. EASTON. 50.48 JOSEPH J. EASTON 14 SOUTH 17TH STREET CAMP HILL, PA.' 17011-4811 RE: JENNIFER D. EASTON (CUMBERLAND) PH # 804758/1200 Page 1 of 1 50.48 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. Thc rna: Pieces. Listed by Sender Received at Post -°Elite Receiving Employee) for the reconstruction ofnonnegoiiable documents under Express Mail document reconstruetionin piece subject to a limit of S500,000 per occurrence. The maximum, indemnity payable on Express The maximum indemnity payable is 525,000 for tegistered mall, serif with optionalinsurance. Set R900 S913 and S421 for limitations of coverage: Form 3877 Facsimile 8047: Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff v. JENNIFER D. EASTON JOSEPH J. EASTON Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -7057 -CIVIL CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. JENNIFER D. EASTON JOSEPH J. EASTON 14 SOUTH 17TH STREET CAMP HILL, PA 17011-4811 DATE: Bv: Phelan Hallinan, LLP nathan Lobb, Esquire ATTORNEY FOR PLAINTIFF 804758 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PHH MORTGAGE CORPORATION Plaintiff v. JENNIFER D. EASTON JOSEPH J. EASTON Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -7057 -CIVIL RULE AND NOW, this Zff " day of %rf 2014, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff s Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff s Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. c-� mW iR { l 7 -70r cn DC) zcD A CZ --i N) rD 804758 N nathan Lobb, Esq., Id. No.312174 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 JENNIFER D. EASTON JOSEPH J. EASTON 14 SOUTH 17TH STREET CAMP HILL, PA 17011-4811 Co -)1. es tr2iisct,I a9//y 804758 804758 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff vs. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County JENNIFER D. EASTON JOSEPH J. EASTON No.: 13 -7057 -CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's August 28, 2014 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. JENNIFER D. EASTON JOSEPH J. EASTON 14 SOUTH 17TH STREET CAMP HILL, PA 17011-4811 DATE: By: Phel Jonat . Etkowicz, Esq., Id. No.208786 Atto or Plaintiff C D • 4 804758 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff vs. JENNIFER D. EASTON JOSEPH J. EASTON Defendants r ILL D-OFFICL OF THE PROTHOHO TA;{;`: SEP , ATTORNEY FOR PLAINTIFF .201t1CUMBERLAND COUNTY PENNSYLVANIA Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -7057 -CIVIL MOTION TO MAKE RULE ABSOLUTE PHH MORTGAGE CORPORATION, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above -captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on August 27, 2014. 2. A Rule was issued by the Honorable Judge Kevin A. Hess on or about August 28, 2014 directing the Defendants to show cause by September 17, 2014 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit A. 3. The Rule to Show Cause was timely served upon all parties on September 4, 2014 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit B. 4. Defendants failed to respond or otherwise plead by the Rule Returnable date of September 17, 2014. 804758 2 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: By: Phelan Hallinan, LLP Jy'athan Lobb, Esq., Id. No.312174 Attorney for Plaintiff 3 804758 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PHH MORTGAGE CORPORATION Plaintiff v, JENNIFER D. EASTON JOSEPH J. EASTON Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -7057 -CIVIL RULE AND NOW, this ,12424L- day of 2014, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT -4-1)eatt 1,4% /eh J. <� �., rn 1 ;70 c� rso :r_ .45 CD T yam. _ Y _ co 804758 Exhibit "B" Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff vs. JENNIFER D. EASTON JOSEPH J. EASTON ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -7057 -CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's August 28, 2014 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated be JENNIFER D. EASTON JOSEPH J. EASTON 14 SOUTH 17TH STREET CAMP HILL, PA 17011-4811 DATE: By: " • • •, i • •• Etkowicz, Esq., Id. No.208786 (-) N. -4"•• m ce) z rrt --$D v.) r _<> CJ1 CD r-. "--- > c-3 804758 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 PHH MORTGAGE CORPORATION Plaintiff vs. JENNIFER D. EASTON JOSEPH J. EASTON ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -7057 -CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. JENNIFER D. EASTON JOSEPH J. EASTON 14 SOUTH 17TH STREET CAMP HILL, PA 17011-4811 DATE: Phelan Hallinan, LP By: Jo f an Lobb, Esq., Id. No.312174 Attorney for Plaintiff 804758 t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division _ CUMBERLAND CoPOY - JENNIFER D. EASTON cv JOSEPH J. EASTON No.: 13-7057-CIVIC---:��7 - Defendants ORDER AND NOW, this Ze day of cw-rv--" , 2014, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff s Motion to Reassess Damages in the above captioned matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $210,421.56 Interest Through August 4, 2014 $34,323.09 Late Charges $701.55 Legal fees $2,600.00 Cost of Suit and Title $701.05 Property Inspections $78.75 Appraisal/Brokers Price Opinion $100.00 Mortgage Insurance Premium/Private Mortgage Insurance $698.74 Escrow to be Paid $2,753.81 Escrow Deficit $16,857.64 TOTAL $269,236.19 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY T COURT: • J. 804758 PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS v. CIVIL DIVISION JENNIFER D. EASTON NO. 13 -7057 -CIVIL JOSEPH J. EASTON Defendants MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan, LLP, petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above -captioned Defendants, JENNIFER D. EASTON and JOSEPH J. EASTON, by certified mail and regular mail to JENNIFER D. EASTON at 14 SOUTH 17TH STREET, CAMP HILL, PA 17011-4811, and JOSEPH J. EASTON at 14 SOUTH 17TH STREET, CAMP HILL, PA 17011-4811 and posting 14 SOUTH 17TH STREET, CAMP HILL, PA 17011-4811 and publication pursuant to PA.R.C.P. 3129.2 (D) and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for December 3, 2014. 2. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) 3129.2 requires that the Defendants be served with a notification of Sheriffs Sale at least thirty (30) days prior to the scheduled sale date. 3. Attempts to serve Defendants, JENNIFER D. EASTON and JOSEPH J. EASTON, with the Notice of Sale at the mortgaged premises, 14 SOUTH 17TH STREET, CAMP HILL, PA 17011-4811, have been unsuccessful, as indicated by the Return of Service attached hereto as Exhibit "A". There was no response after several attempts. 4. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendants. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". 5. Plaintiff contacted the Prothontary's Office and as of October 8, 2014, no Judge has previously entered a ruling in this case. (If there was already ruling on this case we must change this verbiage. Please add something along these lines, In compliance with CUMBERLAND County Local Rule 208.3(a)(2), Plaintiff avers that Judge entered an order for dated ). 6. In accordance with CUMBERLAND County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendants on and requested Defendants' concurrence. Plaintiff did not receive any written response from the Defendants. A true and correct copy of Plaintiffs letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 7. Plaintiff submits that it has made a good faith effort to locate the Defendants, JENNIf'ER D. EASTON and JOSEPH J. EASTON, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale upon Defendants in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to JENNIFER D. EASTON at 14 SOUTH 17TH STREET, CAMP HILL, PA 17011-481.1, and JOSEPH J. EASTON at 14 SOUTH 17TH STREET, CAMP HILL, PA 17011-4811 and posting 14 SOUTH 17TH STREET, CAMP HILL, PA 17011-4811 and by publication. Phelan Hallinan, LLP DATE: ,012,101 By: Jon an Lobb, Esquire B. ID No: 31.2174 Attorney for Plaintiff PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS v. CIVIL DIVISION JENNIFER D. EASTON NO. 13 -7057 -CIVIL JOSEPH J. EASTON Defendants PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendants Notice of the Sale of the mortgaged premises. Specifically, Pa.R.C.P. Rule 3129.2(c) provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (1) Service of the notice shall be made: (i) upon a defendant... (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402(a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy in the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if service cannot be made as provided in subparagraph (A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendants, JENNIFER D. EASTON and JOSEPH J. EASTON, are unknown, a reasonable investigation of their last known address was made in accordance with Pa.R.C.P. 430(a). Pennsylvania Rule of Civil Procedure Rule 430(a) provides as follows: (a) If service cannot be made under the applicable rule the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A sheriff's return of "not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales v. Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a "good faith effort" to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends, and employers of the defendant, and (3) examinations of local telephone directories, voter registration records, local tax records and motor vehicle records. As indicated by the return of service, hereto as Exhibit "A", the process server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendants has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B". ProcessServers cklis File Number: If service is made: (spouse's names/addresses if not the same) Wife: $.> Husband: If no service is made: te0 Are the premises vacant? Yes ( ) No ( ) Boarded/Abandoned Yes ( ) No ( ) Is there a name on the mailbox? Yes ( ) No Is it the defendant(s)? Yes ( ) No ( ) Was Pere neighbor contact? Yes ( ) No '-at.N3s 'ex-) , Left Side Right Side Opposite t s Divorced: Yes ( ) No ( ) Separated: Yes ( ) No ( ) . ." "For Sale" sign? Yes No ( ) "For Rent" sign? Yes ( ) NoQ "c) ft- 717- 57 7 71A.c. Realtor's name: Company's name: GMc. Phone number: 717: 761 - 1377 Is there a car in the driveway? Yes ( ) No ( ) Plate number: ZE- tfc State WHEREFORE, Plaintiff respectfully requests the allowance of service of the Notice of Sale upon Defendants in accordance with Pa.R.C.P. Rule 430 by certified and regular mail to JENNIFER D. EASTON at 14 SOUTH 17TH STREET, CAMP HILL, PA 17011-4811, and JOSEPH J. EASTON at 14 SOUTH 17TH STREET, CAMP HILL, PA 17011-4811 and posting 14 SOUTH 17TH STREET, CAMP HILL, PA 17011-4811 and by publication pursuant to PA.R.C.P. 3129.2. DATE: /0 iv Ity Phelan Hallinan, LLP By: J,:nathan Lo b, Esquire Bar ID No: 312174 Attorney for Plaintiff PHELAN HALLINAN, LLP Attorney for Plaintiff One Penn Center Plaza 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS v. CIVIL DIVISION JENNIFER D. EASTON NO. 13 -7057 -CIVIL JOSEPH J. EASTON Defendants CERTIFICATE OF SERVICE I hereby certify that true and correct copies of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification of Service and Exhibits in the above captioned matter were sent by first class mail, postage prepaid to the following interested parties on the date indicated below. JENNIh'ER D. EASTON 14 SOUTH 17TH STREET CAMP HILL, PA 17011-4811 JOSEPH J. EASTON 14 SOUTH 17TH STREET CAMP HILL, PA 17011-4811 DATE: 2t(1 Phelan Hallinan, LLP Jona an Lob., Esquire Bar No: 312174 Attorney for Plaintiff EXHIBIT "A" AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY PHH MORTGAGE CORPORATION DEFENDANT JENNIFER D. EASTON JOSEPH J. EASTON SERVE JOSEPH J. EASTON .AT: 14 SOUTH 17TH STREET CAMP HILL, PA 17011-4811 PH # 804758 SERVICE TEAM/ lxh COURT NO.: 13 -7057 -CIVIL TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: December 3, 2014 SERVED Served and made known to JOSEPH J. EASTON, Defendant on the day of ., 20 , at o'clock M., at , in the manner described below: _ Defendant personally served. _ Adult family member with whom Defendant(s) reside(s). Relationship -is _ Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge. of Defendant's office or usual place of business, an officer of said Defendant's company. Other: Description: Age Height Weight Race Sex Other I, , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of.Sher..iffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. 1 understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: On theC,.day. of state lhat'Detent�nttt N �Atcr Answer on _ Service Refused Other: 1 lai!tnrde NAME: PRINTED NAME: TITLE: BY his -.stater L'nt cities w etent adult hereby „Does Not Reside (Not JVayata)t) at i ; i r' penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn PRINTED NAME: q t/ ATTORNEY 1±OR. I'JsAI1i Il'F Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 • One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 e Servers Checklist Fite Number: If service is made: (spouse's names/addresses if not the same) Wife: cI N 1J }Husband: If no service ie made: Are the premises vacant? Divorced: Yes ( ) No ( ) u..) Separated: Yes ( ) No ( ) ins etiw� ‘rt -\<Y6- ) Boarded/Abandoned Yes ( ) No ( ) ©ofe._ ••/ Yes ( ) Is there a name on the mailbox? Yes ( ) No QQ Is it the defendant(s)? Yes ( ) No ( ) Was,there neighbor contact? Left Side "For Sale" sign? Yes Realtor's name: Yes () No Right Side Opposite No ( ) "Por Rent" sign? Yes ( ) No Company's name:: Phone number:„ .. Is there a car in the drivewa Additional information: AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY PHH MORTGAGE CORPORATION DEFENDANT JENNIFER D. EASTON JOSEPH J. EASTON SERVE JENNIFER D. EASTON AT: 14 SOUTH 17TH STREET CAMP HILL, PA 17011-4811 PH 8 804758 SERVICE TEAM/ lxh COURT NO.: 13 -7057 -CIVIL TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: December 3, 2014 SERVED Served and made known to JENNIFER D. EASTON Defendant on the day of 20 , at o'clock . M., at , in the manner described below: _ Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age Height Weight Race Sex Other r� I, a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriff's 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 unswom falsification to authorities. DATE: On the day of e1 20 state tha efencfant NOT FO ND because: NAME: PRINTED NAME: TITLE: Vacant _ pc e Not Exist }4 No Answer on Service Refused Other: I untiersi ialsifie OI` SERVED L -yy h .. M., I, tact, a cOn5petent adult 4eby Does Not Reside (Not ac nt) 7.'7r"81 Via' s of 18 Pa. C.S. Sec. 4904 relating to unsworn PRINTED NAME: ATTORNEY FOR PLAIENTWt' Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza . Philadelphia, PA 19103 (215) 563-7000 Process Servers cklist If service is made: . Wife: File Number: (spouse's names/addresses if not the same) Husband: ---S7D : k -AA d©JC.S fc Are the premises vacant?' Yes ( ) No ( ) If no service is made: Divorced: Yes ( ) No ( ) Separated: Yes ( ) No ( fs eL w03 V� Boarded/Aband'oned Yes ( ) No ( ) Is there a name on the mailbox? Yes ( ) No tj Is it the defendant(s)? Yes ( ) No ( ) Was there neighbor contact? Yes ( ) No K j d 'a s V.) e-& Right Side Opposite Left Side "For Sale" sign? Yes Realtor's name: Company's name: Phone number: 7! Is there a car in the driveway? Yes �( ) No ( ) Additional information: ..: civ v C G-1' "For Rent" sign? Yes ( ) No 717-577-qla� EXHIBIT "B" AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 804758 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Jennifer D. Easton & Joseph J. Easton Property Address: 14 South 17th Street, Camp Hill, PA 1701.1 I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Jennifer D. Easton - xxx-xx-6898 Joseph J. Easton - xxx-xx-0784 B. EMPLOYMENT SEARCH Jennifer D. Easton & Joseph J. Easton - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Jennifer D. Easton & Joseph J. Easton reside(s) at: 14 South 17th Street, Camp Hill, PA 17011. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office searched directory assistance databases, which had no listing for Jennifer D. Easton & Joseph J. Easton. B. On 09-16-14 our office made several telephone calls to a possible phone number of the subject(s) (717) 761-4501 and received the following information: no answer. On 09-16-14 our office made several telephone calls to a possible phone number of the subject(s) (717) 364-0067 and received the following information: no answer. III. INQUIRY OF NEIGHBORS On 09-16-14 our office made several phone calls in an attempt to contact Dina E. Bakeman (717) 761-4380,10 South 17th Street, Apartment A, Camp Hill, PA 17011: answering machine. On 09-16-14 our office made several phone calls in an attempt to contact Deborah Davenport (717) 763-9552,18 South 17th Street, Camp Hill, PA 17011: answering machine. On 09-16-14 our office made several phone calls in an attempt to contact Mark N. Kavish (717) 695-6659,15 South 17th Street, Camp Hill, PA 17011: no answer. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 09-16-14 we reviewed the National Address database and found the following information: Jennifer D. Easton & Joseph J. Easton - 14 South 17th Street, Camp Hill, PA 17011. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. V. OTHER INQUIRIES DEATH RECORDS As of 09-16-14 Vital Records and all public databases have no death record on file for Jennifer D. Easton & Joseph J. Easton. VI. ADDITIONAL INFORMATION OF SUBJECT A. YEAR OF BIRTH Jennifer D. Easton -1974 Joseph J. Easton -1971 B. A.K.A. Jennifer D. Macgregor; Jennifer D. Nophsker * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to e penalties q P< :.S. Sec. 4904 relating to unsworn falsification to authorities. The above information is obtained from available public records and we are only liable for the cost of the affidavit. EXHIBIT `C" LAUREN MATTER, Service Department October 8, 2014 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail LAUREN.MATTER@fedphe.com Legal Assistant, Ext. 1399 Representing Lenders in Pennsylvania JOSEPH J. EASTON 14 SOUTH 17TH STREET CAMP HILL, PA 17011-4811 RE: PHH MORTGAGE CORPORATION v. JENNIFER D. EASTON and JOSEPH J. EASTON Premises Address: 14 SOUTH 17TH STREET, CAMP HILL, PA 17011-4811 CUMBERLAND County, No. 13 -7057 -CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by 10/16/2014 Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, LAUREN MATTER, Legal Assistant for Phelan Hallinan, LLP PH # 804758 LAUREN MATTER, Service Department October 8, 2014 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FAX#: 215-568-7616 E-mail LAUREN.MATTER@fedphe.com Legal Assistant, Ext. 1399 Representing Lenders in Pennsylvania JENNIFER D. EASTON 14 SOUTH 17TH STREET CAMP HILL, PA 17011-4811 RE: PHH MORTGAGE CORPORATION v. JENNIFER D. EASTON and JOSEPH J. EASTON Premises Address: 14 SOUTH 17TH STREET, CAMP HILL, PA 17011-4811 CUMBERLAND County, No. 13 -7057 -CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with CUMBERLAND County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by 10/16/2014 Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, LAUREN MATTER, Legal Assistant for Phelan Hallinan, LLP PH # 804758 Name and Address Of Sender Phelan Hallinan, LLP 1617 WIC Boulevard, Suite 1400 One Penn Center Plaza LNM Line Article Number rmiaacipnia, rn t7sw Name of Addressee, Street, and Post Office Address Postage 1 **** $0.47 2 **** Jennifer D. Easton 14 SOUTH 17TH STREET CAMP HILL, PA 17011-4811 $0.47 3 **** Joseph J. Easton 14 SOUTH 17TH STREET CAMP HILL, PA 17011-4811 $0.47 RE: JENNIFER D. EASTON (CUMBERLAND) TEAM 4 P11 # 804758/I021 Page 1 of 1. $1.41 ********tit CONCURRANCE ***************** REVIEW , Total Number or Pieces Listed by sender Total Number of Pieces Received ut Pot Me Purtnwau. Per (Name of Receiving Employee) The full rkclurwitm of value is required an ail domestic and international registered rwril. The ns fm the reconstruction of nonnegotiable documents under Express Mail document reconstruction i piece subject m a limit of 5500.000 perewe+rnence. The maximum indemnity jrayahk an Espies_ The maximum ituktrnily payable is S25.000 fur registered nwil, sent with optional insurance.: St R900 5913 and S92 t tori limitatiuns nfeuvcrage. Form 3877 Fa e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION CIVIL DIVISION Plaintiff v. JENNIFER D. EASTON JOSEPH J. EASTON Defendants AND NOW, this NO. 13 -7057 -CIVIL ORDER Z `I • day of O [IS , el , 2014, after consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court, it is hereby: ORDERED that pursuant to Pa. R.C.P. 430(a), service of the Notice of Sale is permitted on Defendants JENNIFER D. EASTON and JOSEPH J. EASTON by: PH # 8047 8 YJ J:41t1/4j /o/ (Oct — c=4/1 N CD ▪ F -a -ri rn N mob. 473, Ci "Tyx rv, <1 REGULAR MAIL TO JENNIFER D. EASTON at 14 SOUTH 17TH STREET, CAMP HILL, PA 17011-4811, and JOSEPH J. EASTON at 14 SOUTH 17TH STREET, CAMP HILL, PA 17011-4811 Service by mail is complete upon the date of mailing CERTIFIED MAIL TO JENNIFER D. EASTON at 14 SOUTH 17TH STREET, CAMP HILL, PA 17011-4811, and JOSEPH J. EASTON at 14 SOUTH 17TH STREET;, CAMP HILL, PA 17011-4811 Service by mail is complete upon the date of mailing POSTING 14 SOUTH 17TH STREET, CAMP HILL, PA 17011 - 4811 PUBLICATION WHICH SHALL BE IN ACCORDANCE WITH PA.R.C.P. 3129.2 (D). 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 r-4 R I Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION Plaintiff, v. JENNIFER D. EASTON JOSEPH J. EASTON Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION : No.: 13 -7057 -CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". Date: Or(?1//� 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 # 804758 PHH Mortgage Corporation Plaintiff V. Jennifer D. Easton Joseph J. Easton Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 13 -7057 -CIVIL CUMBERLAND COUNTY AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 PHH Mortgage Corporation, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 14 South 17th Street, Camp Hill, PA 17011-4811. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Jennifer D. Easton 14 South 17th Street, Camp Hill, PA 17011-4811 Joseph J. Easton 14 South 17th Street, Camp Hill, PA 17011-4811 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) Jennifer D. Easton 14 South 17th Street Camp Hill, PA 17011-4811 Joseph J. Easton 14 South 17th Street Camp Hill, PA 17011-4811 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) Penn Waste, Inc. 85 Brickyard Road, PO Box 3066 York, PA 17402 Penn Waste, Inc. C/0 John N. Elliott, Esq. Ream Carr Markey & Woloshin 119 E Market st York, PA 17401-1221 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. PH # 804758 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None. Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant 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) 14 South 17th Street Camp Hill, PA 17011-4811 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 # 804758 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 ..12/03/2(114. SA' Line Article Number Name of Addressee, Street, and Post Office Address Postage 1 *es* Penn Waste, Inc. 85 Brickyard Road, PO Box 3066 •Yotk,-PA 17402 $0.48 2 ssss Penn Waste, Inc. CIO John N. Elliott, Esq. REAM CARR MARKEY & WOLOSHIN 119 EMARKETST York, PA 17401-1221 $0.48 RE: JENNIFER D. EASTON (CUMBERLAND) PH # 804758/1026 Page 1 of 1 45 Day $0.96. Taal Number of Pieces Iissed by Sender Tool Number of Pitmen Reeeived at Pon Office Postmaster, Per (Name ofT Receiving Employee) e full declaration of value is «Qatred on all domestic and incrmetioail'registered mail. The reeoo,mrcrir on Lop insurance. (be the reconstruction of noanegatiebte document( carder Expense Mail document piece subjects** limit of $500,000 pre occurrence. The maximum indemnity psyabk The maximum indetenitj• mai* is $23,000 for registered mail, sent with optional R900 S913 and $921 for limitations of coverage. orm 3577 J as= le PR # 804758 Name and Address Of Sender Line 1 2 3 mok Article Number 4 S Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 AZK/FPS - 12/03/201.4 SALE Name of Addressee, Street, and Post Office Address TENANT/OCCUPANT 14 SOUTH 17TH STREET CAMP HILL, PA 17011-4811 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 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 PRE: JENNIFER,D ,EASTONICiTMBERLANDr PH # 804758/1021 Page 1 of 1 Writ Team Postage $0.49 $0.49 $2.4S Total Number of Pieces Listed by Sender Total Number of Pieces Received at Post Office Postmaster, Per (Maw of Receiving. Employee) The full dcctarution of value is required on nil domestic and international registered nail. The maximum indemnity payable for the reednetniction of nonnegotiable documents under Express Mail document reconstruction insurance is 550.tattt per piece subject to it limit of $500.000 per occurrence. The maximum indemnity payable on Express Mad merchandise in S500. The maximum indemnity payable is 525,000 for registered mail, sent with optional insurance. See Domestic Mail Manual R900 5913 andS92I for limitations of coverage. Form 3877 Facsimile ;C:i 0 Ti. zP;!,: tylv 7 E; e: 5.8 COUirrY r PLf:f!S Y VA t:IA PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Attorney for Plaintiff PHH MORTGAGE CORPORATION Plaintiff : CIVIL DIVISION v. : No.: 13 -7057 -CIVIL JENNIFER D. EASTON JOSEPH J. EASTON Defendant(s) NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriffs Sale scheduled for 12/03/2014 at 10:00 AM in the above -captioned matter has been continued until 02/04/2015 at 10:00 AM. Date: PH # 804758 tilielty Jona an Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Attorney for Plaintiff PHH MORTGAGE CORPORATION Plaintiff : CIVIL DIVISION v. : No.:13-7057=CIVIL JENNIFER D. EASTON JOSEPH J. EASTON Defendant(s) CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Notice of the Date of Continued Sheriffs Sale and Certificate of Filing were served by regular mail on the person(s) on the date listed below: JENNIFER D. EASTON 14 SOUTH 17TH STREET CAMP HILL, PA 17011-4811 Date: PH # 804758 JOSEPH J. EASTON 14 SOUTH 17TH STREET CAMP HILL, PA 17011-4811 JonatLobb, Esq., Id. No.312174 Attorney for Plaintiff Phelan Hallinan, LLP CF T ;'=H O Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 14661 DEC —i» s I ID: 06 One Penn Center Plaza Ci;'iit4r;L; ,;13 CJI- Y Philadelphia, PA 19103 PE:,:NSYLVANIA justin.kobeski@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff v. JENNIFER D. EASTON JOSEPH J. EASTON ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -7057 -CIVIL Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on November 27, 2013. 2. Judgment was entered on June 30, 2014 in the amount of $242,474.90. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Plaintiff filed a prior Motion to Reassess Damages, which was granted by Order dated October 2, 2014, amending the judgment amount to $269,236.19. A true and correct copy of the Order is attached hereto, made part hereof, and marked as Exhibit "B". 4. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item 804758 1 which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time. of entry of the judgment. 5. The Property is listed for Sheriffs Sale on February 4, 2015. 6. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through October 6, 2014 Late Charges Legal fees Cost of Suit and Title Property Inspections Appraisal/Brokers Price Opinion Mortgage Insurance Premium/ Private Mortgage Insurance Escrow Deficit $210,421.56 $37,039.83 $701.55 $3,300.00 $866.82 $78.75 $100.00 $698.74 $20,438.68 TOTAL $273,645.93 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on November 25, 2014 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintifffs letter pursuant to Local Rule 208.3(9) is attached hereto, made part hereof, and marked as Exhibit "C". 804758 2 11. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin A. Hess entered an order granting Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court dated October 24, 2014. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: By: Phelan Hallinan, LLP Justin F. / . bes ', squire ATTO'. EY r • R PLAINTIFF 3 804758 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff v. JENNIFER D. EASTON JOSEPH J. EASTON Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -7057 -CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE JENNIFER D. EASTON 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 14 SOUTH 17TH STREET, CAMP HILL, PA 17011-4811. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 804758 1 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 804758 2 Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 804758 3 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 804758 4 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. 804758 6 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become 804758 7 part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: By: Phelan H. LP Justin /' ob: Esquire Att• ey for ' laintiff 8 804758 Exhibit "A" PHELAN HALLINAN, LLP Michael Dingerdissen, Esq., Id. No.317124 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Michael .Dingerdissen @phelanhallinan. com 215-563-7000 Hill MORTGAGE CORPORATION vs. JENNIFER D. EASTON JOSEPH J. EASTON -OP THELPROTuONOTAR r. 2014 JUN 30 AN itclley for Plaintiff CUMBERLAND COUNTY PENNSYLVANIA : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION No. 13 -7057 -CIVIL pT[Q�RN�i���t � i�Y plFA. PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: 14 Kindly enter judgment in favor of Se plaintiff ah`kPtigainst ,JENNIFER D. EASTON and JOSEPH Y. EASTON, Defendants 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 Plaintiffs damages as follows: As set forth in Complaint TOTAL t.A$242,474.90. $242,474:90 I hereby certify that (1) the Defendants' last known address is 14 SOUTH 17TH STREET, CAMP HILL, PA 17011-4811, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date 10-L1 Michael Dingerdissen, Esq., Id. No.317124 Attoey for' Main DAMAGES ,A, ARE HEREBY ASSESSED AS INDICATED. DATE: 11� I%, (Li PH # 804758 PROTHONOTARY 804758 Exhibit "B" IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION Plaintiff VS. JENNIFER D. EASTON JOSEPH J. EASTON Defendants • Court of Common Pleas c7".) rt.,> rno-J CVM1031:{11AND CpAgiy —14 N.) 13-7057.CIA/ e4-.) ORDER AND NOW, this ay ofOdaiwit.,1014, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captioned matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tune as follows: Principal Balance Interest Through August 4, 2014 Late Charges Legal fees Cost of Suit and Title Property Inspections Appraisal/Brokers Price Opinion Mortgage Insurance Premium/ Private Mortgage Insurance Escrow to be Paid Escrow Deficit $210,421.56 $34,323.09 $701.55 $2,600.00 $701.05 $78.75 $100.00 $698.74 $2,753.81 $16,857.64 TOTAL $269,236.19 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT: r - 804758 11 Exhibit "C" PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP November ,2 2014 JENNIFER D. EASTON JOSEPH J. EASTON 14 SOUTH 17TH STREET CAMP HILL, PA 17011-4811 Representing Lenders in Pennsylvania RE: PHH MORTGAGE CORPORATION v. JENNIFER D. EASTON and JOSEPH J EASTON Premises Address: 14 SOUTH 17TH STREET CAMP HILL, PA 17011 CUMBERLAND County CCP, No. 13 -7057 -CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 11/29/2014. Should yo = h =vv further questions or concerns, please do not hesitate to contact me. Otherwise, piuded accordingly. ly your Esq., Id. No.200392 iff' ure° 804758 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff v. JENNIFER D. EASTON JOSEPH J. EASTON ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -7057 -CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. JENNIFER D. EASTON JOSEPH J. EASTON 14 SOUTH 17TH STREET CAMP HILL, PA 17011-4811 DATE: By: Phelan Hallinan, LLP J ATTO R squire PLAINTIFF 804758 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PHH MORTGAGE CORPORATION Plaintiff v. JENNIFER D. EASTON JOSEPH J. EASTON Defendants RULE Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -7057 -CIVIL AND NOW, this / r day of ) 4cr' 2014, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff s Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. rn - C'73 iTl d 2J C") - C!1 c -,-L7 D c ry 804758 ustin F. Kobeski, Esq., Id. No.200392 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 NNIFER D. EASTON JOSEPH J. EASTON 14 SOUTH 17TH STREET CAMP HILL, PA 17011-4811 C.9J t £S r?? ,, /a is/Jy 804758 804758 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff vs. JENNIFER D. EASTON JOSEPH J. EASTON ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -7057 -CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's December 15, 2014 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. JENNIFER D. EASTON JOSEPH J. EASTON 14 SOUTH 17TH STREET CAMP HILL, PA 17011-4811 DATE: By: Phelan Hallinan, LLP Jon an Lobb, Esq., Id. No.312174 Attorney for Plaintiff 804758 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392,,', _B 1617 JFK Boulevard Suite 1400 csly° One Penn Center Plaza C'u. ";S`` 12,/ .1 t Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 9: Z3 PHH MORTGAGE CORPORATION Plaintiff vs. JENNIFER D. EASTON JOSEPH J. EASTON Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -7057 -CIVIL MOTION TO MAKE RULE ABSOLUTE PHH MORTGAGE CORPORATION, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above -captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on December 4, 2014. 2. A Rule was issued by the Honorable Judge Kevin A. Hess on or about December 15, 2014 directing the Defendants to show cause by January 5, 2015 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 December 23, 2014 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit B. 4. Defendants failed to respond or otherwise plead by the Rule Returnable date of January 5, 2015. 804758 2 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: ( Lg By: Phelan Hailinan, Justin F beslci, Esq., I No.200392 Atto for Plaintiff 804758 Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PI -JH MORTGAGE CORPORATION Plaintiff v,, JENNIFER D. EASTON JOSEPH J. EASTON AND NOW, s. Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -7057 -CIVIL 4, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages, Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will bescheduled on this -matter. BY THE COURT 804758 Exhibit "B" Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff vs. JENNIFER D. EASTON JOSEPH J. EASTON ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -7057 -CIVIL Defendants ;CERTIFICATION OF SERVICE. I hereby certify that a true and correct copy of the Court's December 15, 2014 Rule directit g the Defendants to,.sho cause as t`o %1 y'i�lainnf's Ic�Ialyon: to'Re0se0Ddina.ge $houl'd.` ;not 1igVanted was, sexveci upon 'lie tollowln Yadyv d.u4 s.',orA'tlic date India JENNIFER D. EASTON JOSEPH J. EASTON 14 SOUTH 17TH STREET CAMP HILL, PA 17011-4811 DATE:, Phelan Hallinan, LLP By: Jon .',,.N 1;ob Esq., Id. No.312174 Attorney for Plaintiff ..0 804758 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff vs. JENNIFER D. EASTON JOSEPH J. EASTON ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -7057 -CIVIL Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. JENNIFER D. EASTON JOSEPH J. EASTON 14 SOUTH 17TH STREET CAMP HILL, PA 17011-4811 DATE: By: Phelan an, LLP Al° Just r . eski, E • q., Id. No.200392 Attorne `or Plainti 804758 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION Court of Common Pleas Plaintiff vs. JENNIFER D. EASTON JOSEPH J. EASTON Defendants Civil Division CUMBERLAND County no c No.: 13-7057-CIVILm w • ORDER `= -- AND NOW, this /Z- day of , 2015, upon consideration of Plainr ff sw � Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captioned matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: rn. Principal Balance Interest Through October 6, 2014 Late Charges Legal fees Cost of Suit and Title Property Inspections Appraisal/Brokers Price Opinion Mortgage Insurance Premium/ Private Mortgage Insurance Escrow Deficit $210,421.56 $37,039.83 $701.55 $3,300.00 $866.82 $78.75 $100.00 $698.74 $20,438.68 TOTAL $273,645.93 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. coal esI&L • ko Laic; JeuottkIit..E.u40,t) JOS e L e..s t) /4314. 804758