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HomeMy WebLinkAbout13-7606 Supreme Court-.,of Pennsylvania COUrC m Pleas For Prothonotary Use Only: eet ra CU ERL'AND County Docket No: 43 - 76 CV 10 The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service o leadin s or other papers as required by law or rules o court. S Commencement of Action: ❑D Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: PHH MORTGAGE Lead Defendant's Name: DARYL W. MOORE T CORPORATION I Are money damages requested? El Yes 0 No Dollar Amount Requested: El within arbitration limits 0 (Check one) ❑x outside arbitration limits N Is this a Class Action Suit? ❑ Yes E9 No Is this an NMJ Appeal? ❑ Yes ❑x No A Name of Plaintiff/Appellant's Attorney: John D. Krohn, Esq., Id. No.312244, Phelan Hallinan, LLP ❑ Check here if you have no attorney (are a Self - Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies • Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment • Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections • Nuisance ❑ Dept. of Transportation • Premises Liability ❑ Statutory Appeal: Other • Product Liability (does not S include mass tort) ❑ Employment Dispute: • Slander/Libel/ Defamation Discrimination E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T I MASS TORT ❑ Other: 0 ❑ Asbestos N ❑ Tobacco • Toxic Tort - DES • Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS • Toxic Waste ❑ Ejectment ❑ Common Law/Statutory Arbitration B ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto • Dental ❑ Partition ❑ Replevin • Legal ❑ Quiet Title ❑ Other: • Medical ❑ Other: • Other Professional: Pa.R.C.P. 205.5 Updated 01/01/2011 o i:'rj�t { "NCNC t r DEC 26 AM II: C'� CJMBERLANtj COUNTY PENNSYLVANIA PHELAN HALLINAN, LLP John D. Krohn, Esq., Id. No.312244 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 john.krohn@phelanhallinan.com 215 -563 -7000 PHH MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD COURT OF COMMON PLEAS MOUNT LAUREL, NJ 08054 CIVIL DIVISION Plaintiff V. TERM DARYL W. MOORE NO. /.3 31 WEST SIMPSON STREET MECHANICSBURG, PA 17055 -6323 CUMBERLAND COUNTY Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE �io3.7s � eK.-4r /383 4 8 File #: 937024 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 #: 937024 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: DARYL W. MOORE 31 WEST SIMPSON STREET MECHANICSBURG, PA 17055 -6323 who is /are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/27/2010 DARYL W. MOORE made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR PHH HOME LOANS, LLC D /B /A ERA HOME LOANS, which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No. 201027212. By Assignment of Mortgage recorded 03/05/2013 the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Assignment of Mortgage Instrument No. 201307137.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2013 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date File #: 937024 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 12/01/2013: Principal Balance $113,296.65 Interest $2,960.79 05/01/2013 through 12/01/2013 Late Charges $120.70 Escrow Deficit $854.88 TOTAL $117,233.02 7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s). 9. This action does not come under Act 91 of 1983 because the mortgage is FHA - insured. File #: 937024 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $117,233.02, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN, LLP By: <L&- John D. Krohif, Esq., Id. No.312244 Attorney for Plaintiff File #: 937024 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING on the North by Simpson Street, on the East by property now or formerly of Vance S. Kitzmiller and Esther M. Kitzmiller, his wife; on the South by an alley, and on the West by property now or formerly of Samuel Eisley. CONTAINING twenty-one (2 1) feet frontage along West Simpson Street, and a depth of one hundred thirty -five (13 5) feet to an alley. BEING THE SAME PREMISES which Brenda L. Washinger, by Deed bearing date the 27th of September, 2010, and to be herewith recorded on the day of , 2010, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Instrument No. granted and conveyed unto Daryl W. Moore. UNDER AND SUBJECT TO conditions and restrictions which now appear of record. PARCEL #16 -23- 0563 -106 PROPERTY ADDRESS: 31 WEST SIMPSON STREET, MECHANICSBURG, PA 17055- 6323 PARCEL #16 -23- 0565 -106 File #: 937024 a. VERIFICATION Tara Shontz Assistant Vice President hereby states that he /she is of PHH MORTGAGE CORPORATION, Plaintiff in this matter, that he /she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his /her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: la' I^? 113 Name: 'it" Shontg Title: Assistant Vice President PHH MORTGAGE CORPORATION File #: 937024 Name: MOORE File #: 937024 ' f FORM 1 IN THE COURT OF COMMON PLEAS PHH MORTGAGE CORPORATION OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. DARYL W. MOORE Defendant(s) /3 - '�la Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact Mi(Penn 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 represetative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity tomeet 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: /2�2v�i3 Date John D. Krohn, Esq., Id. No.312244 '3 � r- < ,. Attorney for Plaintiff � L3 C FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: 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: . t 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 nd Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. not covered Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Mone Da /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION I /We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /We understand that I /we am /are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ; \ j,, ■ Sheriff .,stv 0t iC.itlubtrit - 1 Jody S Smith ` i = ,` _8 1,k1 `: .) Chief Deputy F' - w* " n7CL J ' r a,! 1afit ,+ Richard W Stewart €'E ,N S Y1`v'r-a N I Solicitor '4', fr: =Rlr:- PHH Mortgage Corporaion vs. Case Number Daryl W Moore 2013-7606 SHERIFF'S RETURN OF SERVICE 12/30/2013 05:56 PM - Deputy Shawn Harrison, being duly sworn according to law, served th- -•uested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgag- Foreclosure by "personally" handing a true copy to a person representing themselves t' - th- Defe dant, to wit: Daryl W Moore at 141 E. Main St., Mechanicsburg Borough, Mechanicsburg, ' ' J55. D:fendant was served at the above address but says he still resides at the mortgaged addres- 14/ _ or'_►N ARRI •N, DEPUTY SHERIFF COST: $39.30 SO ANSWERS, g„ X" December 31, 2013 RONNS'R ANDERSON, SHERIFF PHELAN HALLINAN, LLP D. Troy Sellars, Esq., Id. No. 210302:31 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 1360 CUMBERL AND CCU: 'TY 'EN 'S YL'b'ANIA Attorney for Plaintiff PHH MORTGAGE CORPORATION Court of Common Pleas 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 Civil Division Plaintiff No. 13 -7606 -CIVIL v. Cumberland County DARYL W. MOORE 31 WEST SIMPSON STREET MECHANICSBURG, PA 17055-6323 Defendant MOTION TO LIFT CONCILIATION STAY Plaintiff, PHH Mortgage Corporation (hereinafter "Plaintiff'), by its attorney, D. Troy Sellars, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as follows: 1. On December 26, 2013, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendant for his failure to make monthly payments of principal and interest upon his mortgage due June 1, 2013, and each month thereafter. A true and correct copy of the Complaint is attached hereto, made part hereof and marked as Exhibit "A". 2. On December 30, 2013, Plaintiff completed service of the Complaint in Mortgage Foreclosure along with the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice upon the Defendant. A true and correct copy of the Sheriff's Return of Service is attached hereto, made part hereof and marked as Exhibit "B". 3. Pursuant to the Cumberland County Administrative Order February 28, 2012, which created the Cumberland County Residential Mortgage Foreclosure Diversion Program, the 937024 Foreclosure action is stayed for sixty (60) days from the date of service. 4. Within 60 days after service of the complaint, the Defendant may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request, the Court will schedule a Conciliation Conference. The program provides that Defendant must contact MidPenn Legal Services within the first twenty (20) days of receipt of notice if not represented by counsel. 5. If more than sixty (60) days has elapsed since the service of Notice of Residential Mortgage Foreclosure Diversion Program and the Defendant has not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendant failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty (60) days of service. 7. Since Defendant has opted not to participate in the Diversion Program, it is appropriate for the stay to be lifted. WHEREFORE, Plaintiff respectfully requests that this matter be removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program and the automatic stay be lifted. Date: 6/2-//V 937024 Respectfully submitted, PHELAN HAL INAN, LLP BY:1/41) D. Troy a11ars, Esquire Attorney for Plaintiff Exhibit "A" • PHELAN HALLINAN, LLP John D. Krohn, Esq., Id. No.312244 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.laobn@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 Plaintiff v. DARYL W. MOORE 31 WEST SIMPSON STREET MECHANICSBURG, PA 17055-6323 File 4: 937024 Defendant Gf' rHE P ED -OFFICE RY 21t1 DEC 26 * ht': 7 ODIC ERLr4ND COUNTY PENNSYLVANIA ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. j,3 7 .0;0;CW-eft'? CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE WI1'l►that Wahlto be • a trueand cof copy of UMod a Attorney File Copy Please Reilua PHH MORTGAGE CORPORATION Plaintiff(s) VS. DARYL W. MOORE Defendant(s) FORM 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court -supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact Mid'onn 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 represattativc 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 bo prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you arc represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity tomeet 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: John D. Krohn, Esq,, Id. No.312244 Attorney for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes 0 No 0 Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes 0 No 0 Mailing Address (if different): City: Phone Numbers; Email: State: Zip: Home: Cell: Office: Other. # of people in household: How tong? Mailing Address: City: Phone Numbers: Email: State: Zip: Horne: Cell: Office: Other: # of people in household: How long? 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 Bankruptey? Yes 0 No 0 If yes, provide names, location of court, case number & attorney: Assets Amount ()Wed: Value: Home: $ $: Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $‘ Savings: Other: 1 $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2: Model:' Year: Amount owed: Value: Other trans °Mallon automobiles boats motorc dies Model: Amount owed: Value 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): 1. _monthly atnount: 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 Med. (not covered) Other prop.ptymen Cable TV Auto Insurance Auto fuel/repairs Install. Loan Payment Child Support/Ali . Spending Money Day/Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes 0 No 0 - If yes, please provide the following infornration: Counseling Agency: Phone (Office): Fax: Counselor: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes No 0 If yes, please indicate the status of the applxcatOn: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes 0 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: T/We, authorize the above named . to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. 1/We understand that I/we am/are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co -Borrower Signature Date Please forward this document along with 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 thc 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 N: 937024 1. Plaintiff is PHH MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD MOUNT LAUREI„ NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: DARYL W. MOORE 31 WEST SRN/EPSON STREET MECHANICSBURG, PA 17055-6323 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/27/2010 DARYL W. MOORE made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR PHH HOME LOANS, LLC D/B/A ERA HOME LOANS, which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No. 201027212. By Assignment of Mortgage recorded 03/05/2013 the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Assignment of Mortgage instrument No. 201307137,The mortgage and assigrunent(s), if any, are matters of public record and arc incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record, 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2013 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date File #: 937024 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 12/01/2013: Principal Balance $113,296.65 Interest $2,960.79 05/01/2013 through 12/01/2013 Late Charges $120.70 Escrow Deficit $854.88 TOTAL $117,233.02 7. Plaintiff is not seeking a judgment of personal liability (or an in person= judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth inAct 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 bcen sent to the Defendant(s). 9. This action does not come under Act 91 of 1983 because the mortgage is FIIA-insured. File if: 937024 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $117,233.02, 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 HALL AN, LLP By: John D. Kroh , Esq., Id. N�.312244 Attorney for Plaintiff File #: 937024 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows; BEGINNING on the North by Simpson Street, on the East by property now orformerly of Vance S. Kitzmiller and Esther M. Kitzmiller, his wife; on the South by an alley, and on the West by property now or formerly of Samuel Eisley. CONTAINING twenty-one (21) feet frontage along West Simpson Street, and a depth of one hundred thirty-five (135) feet to an alley. BEING THE SAME PREMISES which Brenda L. Washinger, by Deed bearing date the 27th of September, 2010, and to be herewith recorded on the day of , 2010, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Instrument No. granted and conveyed unto Daryl W. Moore. UNDER AND SUBJECT TO conditions and restrictions which now appear of record, PARCEL #16-23-0563-106 PROPERTY ADDRESS: 3.1 WEST SIMPSON STREET, MECHANICSBURG, PA 17055- 6323 PARCEL #16:23-0565-106 File fi: 937024 VERIFICATION Mrs ShonaAss(stan.t• Vice President , hereby states that he/she is of PHH MORTGAGE CORPORATION, Plaintiff in this matter, that he/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: la/177113 1 "r Name: Um Shon z Title: Assistant Vice President PHH MORTGAGE CORPORATION File#: 937024 Name: MOORE File N: 931024 Exhibit `B" RershOuRAudeseum --S1713TO? SHERIFF'S OFFICE OF CUMBERLAND COUNTY Jody S Smith „coo cuill.btet140 Chief Deputy Richard W Stewart Solicitor PMH Mortgage Corporalon vs. Daryl W Moore Case Number 2013-7806 SHERIFF'S RETURN OF SERVICE 12/30/2013 05:5e PM - bepUty Shawn Harrison,.lialng duty sworn according to law, served ested Notice of . Reildential Mortgage Foreclosure: Diversion Program and Complaint in Mortga losure by "personally" handing a true copy to a person representing themselves t. th Defe dant, to wit: Daryl W Moore at 141 E Main St, Mechanicsburg Borough, Mer,hanIcsburtPendant was served at the above address but says he 0111 resides at the mortgaged addre SHERIFF COST: $39.30 December 31, 2013 SO RON SWERS, R ANDERSON, SHERIFF . I • (0 Omni:Ault* Shrl, Teleosan, PHELAN HALLINAN, LLP D. Troy Sellars, Esq., Id. No. 210302 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 1360 Attorney for Plaintiff PHH MORTGAGE CORPORATION Court of Common Pleas 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 Civil Division Plaintiff No. 13 -7606 -CIVIL v. Cumberland County DARYL W. MOORE 31 WEST SIMPSON STREET MECHANICSBURG, PA 17055-6323 Defendant CERTIFICATION OF SERVICE I, D. Troy Sellars, Esquire, certify that I caused true and correct copies of Plaintiffs Motion to Lift Conciliation Stay and proposed Order to be sent sent via first class mail to the person listed below on the date indicated: DARYL W. MOORE 31 WEST SIMPSON STREET MECHANICSBURG, PA 17055-6323 DARYL W. MOORE 141 E. MAIN STREET MECHANICSBURG BOROUGH MECHANICSBURG, PA 17055 Date: 5121/V By: 937024 D. Troy S6ars, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 Plaintiff v. DARYL W. MOORE 31 WEST SIMPSON STREET MECHANICSBURG, PA 17055-6323 Defendant ORDER AND NOW, this day of Court of Common Pleas Civil Division No. 13 -7606 -CIVIL Cumberland County , 2014, upon consideration of Plaintiffs Motion to Lift Conciliation Stay in the above captioned matter, it is hereby ORDERED and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed with its Mortgage Foreclosure Action. CC: 937024 Daryl W. Moore D. Troy Sellars, Esq., Id. No. 210302 Attorney for Plaintiff �HELAN HALLINAN, LLP /// D. Troy Sellars, Esq., Id. No. 210302 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 1360 RYL W. MOORE 31 WEST SIMPSON STREET MECHANICSBURG, PA 17055-6323 ARYL W. MOORE 141 E. MAIN STREET MECHANICSBURG BOROUGH MECHANICSBURG, PA 17055 1EL se/Vis 937024 PHELAN HALLINAN, LLP •. , ii!R.0 THONJ1/„; , i .1:1 17 Itti 10: 2 Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 L �tbERLAND COUNT, One Penn Center Plaza E'd S Y LVAf i A Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 Attorney for Plaintiff PHH MORTGAGE CORPORATION : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS DARYL W. MOORE : CIVIL DIVISION : No. 13 -7606 -CIVIL TERM 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 DARYL W. MOORE, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint TOTAL $117,233.02 $117,233.02 I hereby certify that (1) the Defendant's last known addresses are 31 WEST SIMPSON STREET, MECHANICSBURG, PA 17055-6323 and 141 EAST MAIN STREET, MECHANICSBURG, PA 17055, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date t!lu Iti Jon, han Lobb, Esq., Id. No.312174 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PH # 937024 PROTHONOTARY cum4 16.5oplitti 9370240 LH %yG9q$ 2.44.2x-7 37( N6«e PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 Attorney for Plaintiff PHH MORTGAGE CORPORATION : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. : CIVIL DIVISION DARYL W. MOORE : No. 13 -7606 -CIVIL TERM AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above -captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) DARYL W. MOORE is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, as amended. (b) that defendant DARYL W. MOORE is over 18 years of age and has last known addresses at 31 WEST SIMPSON STREET, MECHANICSBURG, PA 17055-6323 and 141 EAST MAIN STREET, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date Phel n Hallinan, LLP Jon than Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 937024 Department of Defense Manpower Data Center Results as of : Jun -16-2014 12:07:50 AM SCRA 3.0 Stag Report Pursuant to Servicemembe s Civil Relief Act. Last Name: MOORE First Name: DARYL Middle Name: W Active Duty Status As Of: Jun -16-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA. No NA This response reflects the individuals"active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA ,i- No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duly Status Date The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her.unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. yA. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 (Rule of Civil Procedure No. 236) - Revised PHH MORTGAGE CORPORATION : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS DARYL W. MOORE against you on : CIVIL DIVISION : No. 13 -7606 -CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered By: 323 If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** 937024 PHH MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. DARYL, W. MOORE NO. 13 -7606 -CIVIL TERM Defendant(s) TO: DARYL W. MOORE 31 WEST SIMPSON STREET MECHANICSBURG, PA 17055-6323 DATE OF NOTICE: ;/ CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WR.ITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO TIS 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 IiVIPORTANT 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 # 937024 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA .17013 (717) 249-3166 tvflchmei Iyingerdissen, Esq., Id. No.317124 At orney 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. DARYL W. MOORE NO. 13 -7606 -CIVIL TERM Defendant(s) CUMBERLAND COUNTY TO: DARYL W. MOORE 141 EAST MAIN STREET MECHANICSBURG, PA 17055 DATE OF NOTICE: lL . /114. 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 LNFORMATION 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 4 937024 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 Michael . ingerclissen7 Esq., Id. No.317124 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PRAECIPE FOR WRIT OF EXECUTION -{MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 PHH Mortgage Corporation Plaintiff v. Daryl W. Moore Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due COURT OF COMMON PLEAS CIVIL DIVISION : NO.: 13 -7606 -CIVIL TERM CUMBERLAND COUNTY $1 17,233.02 Interest from 06/18/2014 to Date of Sale $3,256.63 ($19.27 per diem) TOTAL $120,489.65 Note: Please attach description of property. PH # 937024 as4 .0ace) d a gq.g 103,7S 1r 11 Pd Phe Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff 419 .as SD LL 373T7 lNr7 71.d LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING on the North by Simpson Street, on the East by property now or formerly of Vance S. Kitzmiller and Esther M. Kitzmiller, his wife; on the South by an alley, and on the West by property now or formerly of Samuel Eisley. CONTAINING twenty-one (21) feet frontage along West Simpson Street, and a depth of one hundred thirty-five (135) feet to an alley. UNDER AND SUBJECT TO conditions and restrictions which now appear of record. HAVING erected thereon a two story frame dwelling house. T11LE TO SAID PREMISES IS VESTED IN Daryl W. Moore, an adult individual, by Deed from Brenda L. Washinger, an adult individual, dated 09/27/2010, recorded 09/28/2010 in Instrument Number 201027211. PREMISES BEING: 31 West Simpson Street, Mechanicsburg, PA 17055-6323 PARCEL NO. 16-23-0565-106 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. Daryl W. Moore Defendant(s) ,`11 EENNSYLVr'1M CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 13 -7606 -CIVIL TERM Cumberland County The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: the mortgage is an FHA Mortgage the premises is non -owner occupied the premises is vacant Act 91 procedures have been fulfilled Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Phan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHH Mortgage Corporation Plaintiff v. Daryl W. Moore Defendant(s) i''OTHO DR AIN I! M 10:26 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION NO.: 13 -7606 -CIVIL TERM 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 31 West Simpson Street, Mechanicsburg, PA 17055-6323. 1. Name and address of Owner(s) or reputed Owner(s): Name Daryl W. Moore 2. Name and address of Defendant(s) in the judgment: Name Daryl W. Moore Address (if address cannot be reasonably ascertained, please so indicate) 31 West Simpson Street Mechanicsburg, PA 17055-6323 141 East Main Street Mechanicsburg, PA 17055 Address (if address cannot be reasonably ascertained, please so indicate) 31 West Simpson Street Mechanicsburg, PA 17055-6323 141 East Main Street Mechanicsburg, PA 17055 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. PH # 937024 PHH Mortgage Corporation Daryl W. Moore vs. ir 0110T. 1110)1. 204 Ji.J.VI t f�' i Plaintiff PENNS YL VA A COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 13 -7606 -CIVIL TERM Defendant(s) : Cumberland County NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Daryl W. Moore 31 West Simpson Street Mechanicsburg, PA 17055-6323 Daryl W. Moore 141 East Main Street Mechanicsburg, PA 17055 **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 31 West Simpson Street, Mechanicsburg, PA 17055-6323 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 $117,233.02 obtained by PHH Mortgage Corporation (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 13 -7606 -CIVIL TERM PHH Mortgage Corporation v. Daryl W. Moore owner(s) of property situate in MECHANICSBURG BOROUGH, CUMBERLAND County, Pennsylvania, being 31 West Simpson Street, Mechanicsburg, PA 17055-6323 Parcel No. 16-23-0565-106 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $117,233.02 Attorneys for Plaintiff Phelan Hallinan, LLP w LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING on the North by Simpson Street, on the East by property now or formerly of Vance S. Kitzmiller and Esther M. Kitzmiller, his wife; on the South by an alley, and on the West by property now or formerly of Samuel Eisley. CONTAINING twenty-one (21) feet frontage along West Simpson Street, and a depth of one hundred thirty-five (135) feet to an alley. UNDER AND SUBJECT TO conditions and restrictions which now appear of record. HAVING erected thereon a two story frame dwelling house. TITLE TO SAID PREMISES IS VESTED IN Daryl W. Moore, an adult individual, by Deed from Brenda L. Washinger, an adult individual, dated 09/27/2010, recorded 09/28/2010 in Instrument Number 201027211. PREMISES BEING: 31 West Simpson Street, Mechanicsburg, PA 17055-6323 PARCEL NO. 16-23-0565-106 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.cepa.net PHH MORTGAGE CORPORATION Vs. DARYL W. MOORE WRIT OF EXECUTION NO 13-7606 Civil Term CIVIL ACTION — LAW 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: (I) 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: $117,233.02 L.L.: $.50 Interest FROM 6/18/2014 TO DATE OF SALE ($19.27 PER DIEM) - $3,256.63 Atty's Comm: Atty Paid: $188.05 Plaintiff Paid: Date: 6/17/14 (Seal) REQUESTING PARTY: Name: JONATHAN LOBB, ESQUIRE Address: PHELAN HALLINAN, LLP 1617 JFK BLVD., SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 312174 Due Prothy: $2.25 Other Costs: David D. Buell, Prothonotary Deputy Phelan Hallinan, LLP 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 v. DARYL W. MOORE ATTORNEY FOR PLAINTIFF (4, 0 Court of Common Pla-4 -, Civil Division CUMBERLAND County No.: 13 -7606 -CIVIL TERM Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. 2013. Plaintiff commenced this foreclosure action by filing a Complaint on December 26, 2. Judgment was entered on June 17, 2014 in the amount of $117,233.02. 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. 937024 1 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through July 1, 2014 Late Charges Legal fees Cost of Suit and Title Mortgage Insurance Premium/ Private Mortgage Insurance Escrow to be Paid Escrow Deficit $113,296.65 $5,921.58 $120.70 $2,075.00 $748.44 $100.70 $2,190.96 $1,940.06 TOTAL $126,394.09 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on July 29, 2014 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 10. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin A. Hess entered an order granting Plaintiff s Motion to Lift Conciliation Stay dated May 7, 2014. 937024 2 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: 7/25F/1 L( By: Phelan Hallinan, LLP Jo at -n M. Etkowicz, Esquire RNEY FOR PLAINTIFF 3 937024 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 v. DARYL W. MOORE Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -7606 -CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE DARYL W. MOORE 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 31 WEST SIMPSON STREET, MECHANICSBURG, PA 17055-6323. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 937024 1 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 937024 2 Company v. Bums, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 937024 3 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 937024 4 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 937024 5 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff s sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriffs sale date, as their interests will be divested by the Sheriff's sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 937024 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 937024 7 part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: 7/2,,/i 7 By: Phelan . linan, LLP Jonath . Etkowicz, Esquire Attorn: •r Plaintiff 8 937024 Exhibit "A" ``fROTHONOTAr, PHELAN HALLINAN, LLP 201 fg J Attorney for Plaintiff Jonathan Lobb, Esq., Id. No.312174 U U f MIN10: C 2 617 JFK Boulevard, Suite 1400 MBERL AND CDUNT One Penn Center Plaza PENN YLVA N!A Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 PM MORTGAGE CORPORATION : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS WV) DARYL W. MOORE C� G, IL.G �$ : No. 13-760i�il; TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY:A�ORNE rll�.E',COPSI Kindly enter judgment in favor of the Plaintiff and against mti M`R�' Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $117,233.02 TOTAL 1efi1A-SLE COP* I hereby certify that (1) the Defendant's last known addresia% rT SIMPSON STREET, MECHANICSBURG, PA 17055-6323 and 141 EAST MAIN STREET, MECHANICSBURG, PA 17055, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date an Lobb, Esq., Id. No.312174 for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 117 J T PH # 937024 PROTHONOTARY 937024 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 July 22, 2014 DARYL W. MOORE 31 WEST SIMPSON STREET MECHANICSBURG, PA 17055-6323 RE: PHH MORTGAGE CORPORATION v. DARYL W. MOORE Premises Address: 31 WEST SIMPSON STREET MECHANICSBURG, PA 17055 CUMBERLAND County CCP, No. 13 -7606 -CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 7/28/2014. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Vel trul yours, Jonat Etkowicz, Esq., Id. No.208786 Actor ,r for Plaintiff Enclosure 937024 Name and Phelan Hallinan, LLP Address IMO 1617 JFK Boulevard, Suite 1400 Of Sender One Penn Center Plaza Philadelphia, PA 19103 JOH Line Article Number Name of Addressee, Street, and Post Office Address 1 DARYL W. MOORE 31 WEST SIM.PSON STREET MECHANICSBURG, PA 17055-6323 Postage 50:47 2 DARYL W. MOORE 707 HERTZLER RD MECHANICSBURG, PA 17055-6124 50.47 3 DARYL W. MOORE 141 EAST MAIN STREET MECHANICSBURG, PA 17055 S0.47 RE: DARYL W. MOORE (CUMBERLAND) PH # 937024t1200 Page 1 of 1 51.41 Totts Number of Pieces Listed by Sender Total Number of Pieces Received at Post Outer Postmaster, Per (Name of Receiving Employee) The full declaration of value is required on all domestic and international registered mail!'Tip<3 for theteomshuetion oftmrmegotiabk documents under Express Mail document re rope- picot subject to a limn ofS500,000 per occurrence. The maximum indemnity pyahJeat The maximum indemnity payable is S2S,000 for registered mail. sent with optional nee. R900 5913 and S921for limitations of coverage. ,l ttlai l7 -11I' Form 3877 Facsimile 93702% 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 v. DARYL W. MOORE ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -7606 -CIVIL TERM Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. DARYL W. MOORE 31 WEST SIMPSON STREET MECHANICSBURG, PA 17055-6323 DARYL W. MOORE 141 EAST MAIN STREET MECHANICSBURG, PA 17055 DATE: 7/2?//L( By: DARYL W. MOORE 707 HERTZLER RD MECHANICSBURG, PA 17055-6124 Phelan H. an, LLP Jonathan ATTO . Etkowicz, Esquire Y FOR PLAINTIFF 937024 01 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PHH MORTGAGE CORPORATION Plaintiff v. DARYL W. MOORE Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -7606 -CIVIL TERM RULE AND NOW, this s day of /ate fu•o Y 2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. b Z. rn },. G-5rri r- rri rti, ZZ •• .._„4 Q -*:co 937024 onathan M. Etkowicz, Esq., Id. No.208786 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 YL W. MOORE 31 WEST SIMPSON STREET MECHANICSBURG, PA 17055-6323 �H1 RYL W. MOORE EAST MAIN STREET MECHANICSBURG, PA 17055 0.61-31 'es i(rLi (;_c_L EVA///1/ _1(r( ,ARYL W. MOORE 707 HERTZLER RD MECHANICSBURG, PA 17055-6124 937024 PLAINTIFF PHH MORTGAGE CORPORATION DEFENDANT DARYL W. MOORE SERVE DARYL W. MOORE AT: 31 WEST SIMPSON STREET MECHANICSBURG, PA 17055-6323 AFFIDAVIT OF SERVICE CUMBERLAND COUNTY SERVED PH # 937024 SERVICE TEAM/ Ixh COURT NO.: 13 -7606 -CIVIL TERM TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: December 3, 2014 Served and made known to DARYL W. MOORE, Defendant on the (14`day of TK L ( , 2014 , at 6: 10, o'clock *. M., at 31 W Es 7 SIMPsa N 51Y 4:T , in the manner described below: Defendant personally served. Meet1l9ni tcs r3vRfr, 4-, _ 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 40 s Height 5 i/ I " Weight 186 Race W Sex A Other Ronald Molt -57 / 70.0 , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the enalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. NAME: PRINTED NAME: Ronald Moll Proccss.Scrv,cr TITLE: NOT SERVED On the dayof 20 , at o'clock . M., I, , a competent adult hereby state that Dendnt NOT FOUND because: Vacant _ Does Not Exist Moved Does Not Reside (Not Vacant) _ No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 Sec. 4904 relating to unsworn 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 t ±►LED0 , 11,E OF THE PROTHONOTARY 2014 AUG 114 AM ATTONEY FOR PLAINTIFF CUMBERLAND COUNTY PENNSYLVANIA Court of Common Pleas Civil Division v. PHILIP H. LEVINSON Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on December 26, 2013. CUMBERLAND County No.: 13 -7607 -CIVIL TERM 2. Judgment was entered on July 11, 2014 in the amount of $174,405.22. 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. A Sheriffs Sale of the mortgaged property at 1029 HEMLOCK LANE, ENOLA, PA 17025-2043 (hereinafter the "Property") was postponed or stayed for the following reason: 932112 1 a.) The Defendant, PHILIP H. LEVINSON, III A/K/A PHILIP H. LEVINSON, filed a Chapter 07 Bankruptcy at Docket Number 1:14-01695 on April 11, 2014. Plaintiff obtained relief from the bankruptcy stay by order of court dated May 7, 2014. A true and correct copy of the Relief Order is attached hereto, made part hereof, and marked as Exhibit "B". 5. The Property is listed for Sheriffs Sale on December 3, 2014. 6. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through August 1, 2014 Late Charges Legal fees Cost of Suit and Title Property Inspections Mortgage Insurance Premium/ Private Mortgage Insurance Escrow to be Paid Escrow Deficit $168,521.94 $12,112.50 $167.68 $1,725.00 $643.70 $11.25 $148.86 $2,048.13 $3,383.01 TOTAL $188,762.07 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 9. Plaintiffs foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on August 13, 2014 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. 932112 2 A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 11. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Kevin A. Hess entered an order for a Motion to Lift Conciliation Stay dated June 17, 2014. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: By. Phelan . n, LLP Justin F. '7•beski, Es• re ATTO EY FOR P AINTIFF 3 932112 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. PHILIP H. LEVINSON Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -7607 -CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE PHILIP H. LEVINSON 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 1029 HEMLOCK LANE, ENOLA, PA 17025-2043. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are 932112 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 Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that,the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, 932112 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 Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). 932112 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 Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 932112 4 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiffs recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 932112 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. 932112 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 932112 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 Ha , LLP Justin Kob-. i, Esquire Atto r ey for ' aintiff 8 932112 Exhibit "A" 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 OFFILED-OFFICE IEEO-OFFICE THE PRO T NOVO TAR f Attorney for Plaintiff 1014 JUL 11 altCUMBERLAND t 3 MANIA T Y PHH MORTGAGE CORPORATION vs. PHILIP IL LEVINSON : CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION : No. 13 -7607 -CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: raCopy neap Reim Kindly enter judgment in favor of the Plaintiff and against PHILIP H. LEVINSON, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess. Plaintiff's damages as follows: As set forth in Complaint TOTAL $174Fbeepi $174,40 22Rrn I hereby certify that (1) the Defendant's last known address is 1029 HEMLOCK LANE, ENOLA, PA 17025-2043, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date ? / rQ /1 v Joan Lobb, Esq., Id. No.312174 Atfome DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ---7.1„htf PH # 932.112 PROTHONOTARY 932112 Exhibit "B" IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: PHILIP H. LEVINSON, HI BK. No. 1:14-bk-01695 MDF Debtor Chapter No. 07 PHH MORTGAGE CORPORATION Movant v. PHILIP H. LEVINSON, 111 A/K/A PHILIP H. LEVINSON and MARKIAN R. SLOBODIAN, ESQUIRE (TRUSTEE) Respondents 11 U.S.C. §362 ORDER GRANTING RELIEF FROM §362 AUTOMATIC STAY WITH RESPECT TO 1029 HEMLOCK LANE, ENOLA, PA 17025-2043. Upon consideration of Motion of PHH MORTGAGE CORPORATION (Movant), it is: ORDERED AND DECREED: that Movant shall be permitted to communicate with the Debtor(s) and Debtor's counsel to the extent necessary to comply with applicable nonbankruptcy law; and it is further; ORDERED that Relief from the Automatic stay of all proceedings, as provided under 11 U.S.C. §362 is granted with respect to, 1029 HEMLOCK LANE, ENOLA, PA 17025-2043(hereinafter the Premises) (as more fully set forth in the legal description attached to the Mortgage of record granted against the Premises), as to allow Movant, its successors or assignee's, to proceed with its rights under the teiuis of said Mortgage; and it is further; ORDERED that Rule 4001(a)(3) is not applicable and PHH MORTGAGE CORPORATION may inunediately enforce and implement this Order granting Relief from the Automatic Stay. By the:Court,. Dated: May 7, 2014 Chief Bankruptcy Judge (JG) Case 1:14-bk-01695-MDF Doc 10 Filed 05/07/14 Entered 05/07/14 16:25:14 Desc Main Document Page 1 of 1 Exhibit "C" PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania August 7, 2014 PHILIP H. LEVINSON 1029 HEMLOCK LANE ENOLA, PA 17025-2043 RE: PHH MORTGAGE CORPORATION v. PHILIP H. LEVINSON Premises Address: 1029 HEMLOCK LANE ENOLA, PA 17025 CUMBERLAND County CCP, No. 13 -7607 -CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 8/12/2014. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Jiisii l ' eski:, Esq., Id. No.200392 Atto' for Plaintiff Enclosure 932112 Name andPhelan Hallinan, LLP Address 1617 JFK Boulevard, Suite 1400 Of Sender One Penn Center Plaza OH Philadel•hia, PA 19103 Name of Addressee, Street, and Post Office Address PHILIP H. LEVINSON 1029 HEMLOCK LANE ENOLA PA 17025-2043 Total Numbcr of Pieces Received at Post Office Postmaster, Per (Name of Receiving Employee) full declaration of value is required on ail domestic and inte tonal Mail a registnrcrc od anstsu The r the ubject to limit of non(5500,000 ble documents urn . nder Express The maximum indemnity payable on Expr ce subject to a li mnof payable per ximum indemnity payable is 525,000 for registered mail, sent with optional insurance. 913 and 5921 for timitations of coves T. or m 3877 ?acsi.tnile 4,41 932112 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 ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division v. PHILIP H. LEVINSON Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. PHILIP H. LEVINSON 1029 HEMLOCK LANE ENOLA, PA 17025-2043 By: CUMBERLAND County No.: 13 -7607 -CIVIL TERM Phelan Hallinan, LLP TiPliPri F. ?.beski, Esquire ATTO ` Y FOR PLAINTIFF 932112 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. DARYL W. MOORE ILEO -O f' iCh T HE PROTHONOTJ 211/ AUGA ItOI I' OR PLAINTIFF CUMBERLAND COUNTY PENNSYLVANIA Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -7606 -CIVIL TERM Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's August 4, 2014 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. DARYL W. MOORE 31 WEST SIMPSON STREET MECHANICSBURG, PA 17055-6323 DARYL W. MOORE 141 EAST MAIN STREET MECHANICSBURG, PA 17055 DATE: g1143li�j By: DARYL W. MOORE 707 HERTZLER RD MECHANICSBURG, PA 17055-6124 Phelan - . ma , LLP �/. Justin F. ':eski, . ., Id. No.200392 Atto or Plaintiff 937024 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 ATTORNEY FOR PLAINTIFF PHH MORTGAGE CORPORATION Court of Common P1 Plaintiff vs. DARYL W. MOORE Civil Division CUMBERLAND County No.: 13 -7606 -CIVIL TERM Defendant MOTION TO MAKE RULE ABSOLUTE L 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 July 30, 2014. 2. A Rule was issued by the Honorable Judge Kevin A. Hess on or about August 4, 2014 directing the Defendant to show cause by August 25, 2014 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit A. 3. The Rule to Show Cause was timely served upon all parties on August 13, 2014 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit B. 4. Defendant failed to respond or otherwise plead by the Rule Returnable date of August 24, 2014. 937024 2 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: ‘/2 By: Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 3 937024 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PHH MORTGAGE CORPORATION Plaintiff v. DARYL W. MOORE Defendant AND NOW, this Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -7606 -CIVIL TERM RULE day of2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff s Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT CT 937024 Exhibit `B' 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. DARYL W. MOORE Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -7606 -CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's August 4, 2014 VTApir the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be grained was served upon the following individual on the date indicated below. DARYL W. MOORE 31 WEST SIMPSON STREET MECHANICSBURG, PA 17055-6323 DARYL W. MOORE 141 EAST MAIN STREET MECHANICSBURG, PA 17055 DATE: By: DARYL W. MOORE 707 HERTZLER RD MECHANICSBURG, PA 17055-6124 Phelan C -Z Justin F. Attori &P1ain d. No.200392 937024 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 PHH MORTGAGE CORPORATION Plaintiff vs. DARYL W. MOORE ATTORNEY FOR PLAINTIFF Court of Common Civil Division C . • -. ' CUMBERLAND CounfV ‘-' No.: 13 -7606 -CIVIL TERM Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. DARYL W. MOORE 31 WEST SIMPSON STREET MECHANICSBURG, PA 17055-6323 DARYL W. MOORE 141 EAST MAIN STREET MECHANICSBURG, PA 17055 DATE: 172 7i/ IC- DARYL W. MOORE 707 HERTZLER RD MECHANICSBURG, PA 17055-6124 Phelan Hallinan, LLP By: Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 937024 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 FAX#: 215-568-7616 Phelan Hallinan, LLP Representing Lenders in Pennsylvania August 29, 2014 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: PHH MORTGAGE CORPORATION vs. DARYL W. MOORE CUMBERLAND County CCP, No. 13 -7606 -CIVIL TERM Dear Sir/Madam: Enclosed please find a Motion to Make Rule Absolute, and Certification of Service with regard to the above referenced action. Please file same with the Court and return the time -stamped in the enclosed self-addressed envelope. If you have any questions, please do not hesitate to contact me. Very truly yours, Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff Enclosure cc: DARYL W. MOORE 937024 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION Plaintiff vs. DARYL W. MOORE Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -7606 -CIVIL TERM ORDER AND NOW, this I? day of .1).e440( , 2014, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff s Motion to Reassess Damages in the above captioned matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance Interest Through July 1, 2014 Late Charges Legal fees Cost of Suit and Title Mortgage Insurance Premium/ Private Mortgage Insurance Escrow to be Paid Escrow Deficit TOTAL Plus interest at six percent per annum. $113,296.65 $5,921.58 $120.70 $2,075.00 $748.44 $100.70 $2,190.96 $1,940.06 $126,394.09 Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. L) Lfl (71 C/) CO e -s /kw te4, Ae&et%-aui batzlificoa.f.- 9/9M 937024 PHELAN HALLINAN, LLP Paul Cressman, Esq., Id. No.318079 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 paul.cressman@phelanhallinan.com 215-563-7000 IS Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION Plaintiff, v. DARYL W. MOORE Defendant(s) CUMBERLAND COUNTY . COURT OF COMMON PLEAS . CIVIL DIVISION . No.: 13 -7606 -CIVIL TERM 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 (F Certified Mail Return Receipt stamped by the U.S. Postal Service is . tached hereto Exhibi'". Date: n, Esq., Id. No.318079 Atto " fo 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 # 937024 r PHH Mortgage Corporation Plaintiff V. Daryl W. Moore Defendant(s) COURT OF COMMON PLEAS • • CIVIL DIVISION NO.: 13 -7606 -CIVIL TERM 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 31 West Simpson Street, Mechanicsburg, PA 17055-6323. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Daryl W. Moore 31 West Simpson Street, Mechanicsburg, PA 17055- 6323 2. Name and address of Defendant(s) in the judgment: Name Daryl W. Moore Address (if address cannot be reasonably ascertained, please so indicate) 31 West Simpson Street Mechanicsburg, PA 17055-6323 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) Borough of Mechanicsburg C/O Lisa Marie Coyne, Esq. Borough of Mechanicsburg 3901 Market Street Camp Hill, PA 17011-4227 842 W Church rd Mechanicsburg, PA 17055 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 PH # 937024 Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name 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) 31 West Simpson Street Mechanicsburg, PA 17055-6323 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 falsificatio Date: PH # 937024 Phelan HaLLP Paul Cressm ssm., sq., Id. No.318079 Attorney for • a intiff PHELAN HA LINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 Name and Address Of Sender Phelan Hallinan, LLP 111.101 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 AZKUCET - 12/03/2014 SALE 1 (a .' 1r ?a -p ft1 'f) "j OZ 19103R$ neva aro Line Article Number Name of Addressee, Street, and Post Office Address Postage 1 ***• TENANT/OCCUPANT 31 WEST SIMPSON STREET MECHANICSBURG, PA 17055-6323 50.47 2 ***s Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 $0.47• 3 ***s Commonwealth of Pennsylvania Deparhnent.of Welfare P.O. Box 2675 Harrisburg, PA 17105 $0.47 .•,4;.. 4 **** internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 S0,47 gA • ...f ifi 5 **** U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108.1754 - $0:47 1 —, ti^ w *' %REf'DARYf: W."MOORE (CUMBERLAND) ' PH * 937024/1021 ` ' Page-1'f 1'" 'Welflaiii--"e$2354210 Total Number of Pinata lmedhy Gender Taal Number of Picea Reeeistd ti Pon Office Prulmactel. Pa (Nuns. of Raehing Employe) 11x fun declare ion of value 4 req tad no all domestic fM Imer,minnal registered ngil, The. Maximum indemnity payable ,forthe rcmntnrtion of roinMgnlbhkdneurQnle owlet Earner Mail document reealmne1ne inctuure.4 S50.00 ea pka,ntbjen ,,,• limit of $500,000.per occurrence, The m indemnity payable on Express Mail menhatdi,e Is MO The maximum indemnity payable is 525.000 fon reginieted rail, nerd wilh,7xinwd hnuntnet. See Wmolie Mail Manual 4900 S913 and 5921 no limionktro of ...true. - - Form 3877 Facsimile Name and Address Of Sender Phelan171FK LLP 1617.Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 AZK/KAZ -12/03/2014 SALE Line, Article Numbcr Name of Addressee, Street, and Post Once Address Postage tai3 SO1z8 v O rS�` 1 ''a ' Borough of Mechanicsburg $42. W Church Rd Mechanicsburg, PA 17055 2 ""' Borough of Mechanicsburg GO Lisa Marie Coyne, Esq. 3901 Market Street Camp Hilt, PA 17011-4227 $0.48 He RE: DARYL W. MOORS {CUMBERLAND) PH # 937024/1026 Page 1 oft 45 Day' 40.96 ' Tani Number of Picas Listed by.Sende 7olal Number of Picas Received at Post Office Postmaster, P. (Name of - Receiving Employee) The full deduuion of value is required on all domestic and international registered mail, Them for the raoostmctian of nonncgotiabledommnents under Expcss Merl document recons ucsioo ii piece subject to a limit of $i00,000pa oxurrcna, The maximum iademuiq payable mExpress • The maximum indemniy payable it 535,000 Rs registered mail, sent with optional insurance. Se R900 5913 and 6921 for iiiiiitaticen cif centime. Form 3877 Facsimile PH # 937024