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Home My WebLink About13-7607 Supreme Court - -of Pennsylvania Cour+Mo m�m o:` Pleas j For Prothonotary Use Only: Cvl� over S`eet County CU1IB A�iIQ, Docket No: The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. S Commencement of Action: O Complaint ❑ Writ of Summons ❑ Petition E+ ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: PHH MORTGAGE Lead Defendant's Name: PHILIP H. LEVINSON T, CORPORATION I Are money damages requested? ❑ Yes ❑x No Dollar Amount Requested: ❑ within arbitration limits O (Check one) N outside arbitration limits N Is this a Class Action Suit? ❑ Yes ❑x No Is this an MDJ Appeal? ❑ Yes ❑x No A Name of Plaintiff/Appellant's Attorney: John D. Krohn, Esq., Id. No. 312244, Phelan Halligan, LLP ❑ Check here if you have no attorney (are a Self - Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment • Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections • Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not S include mass tort) ❑ Employment Dispute: ❑ Slander/Libel/ Defamation Discrimination E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T I MASS TORT ❑ Other: O ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES • Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS • Toxic Waste ❑ Ejectment ❑ Common Law/Statutory Arbitration $ ❑ 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 1�_L IJ('-�U ryi yy F T t 117 d k 2313 DEC 2E) AN 11: 12 GUMIBERLAND COUNTY PENNSYLVANIA PHELAN HALLINAN, LLP John D. Krohn, Esq., Id. No. 312244 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215 -563 -7000 PHH MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD COURT OF COMMON PLEAS MOUNT LAUREL, NJ 08054 CIVIL DIVISION Plaintiff V. TERM PHILIP H. LEVINSON NO. 1 3 1029 HEMLOCK LANE — l ENOLA, PA 17025 -2043 CUMBERLAND COUNTY Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE S' -y s : ZLfWi File #: 932112 Ck 13 4-- agQls? 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 #: 932112 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: PHILIP H. LEVINSON 1029 HEMLOCK LANE ENOLA, PA 17025 -2043 who is /are the mortgagor(s) and /or real owner(s) of the property hereinafter described. 3. On 12/11/2008 PHILIP H. LEVINSON 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. 200839846. By Assignment of Mortgage recorded 11/07/2013 the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Assignment of Mortgage Instrument No. 201336121.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 #: 932112 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 11/01/2013: Principal Balance $168,521.94 Interest $4,845.00 05/01/2013 through 11/01/2013 Late Charges $167.68 Property Inspections $11.25 Escrow Deficit $859.35 TOTAL $174,405.22 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 #: 932112 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $174,405.22, 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: John D. Kro , Esq., Id. No. 312244 Attorney for Plaintiff File #: 932112 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro, County of Cumberland, and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the Northern right of way line of Hemlock Lane as shown on the hereinafter named Plan of Lots, said point being a common corner of Lots Nos. 112 and 113; thence along Lot No. 113, North 18 degrees 23 minutes West, 119.30 feet to a point at other lands of Grantors; thence along said lands North 71 degrees 37 minutes East, 85.00 feet to a point, common corner of Lots Nos. 111 and 112; thence along Lot No. 111, South 18 degrees 23 minutes East, 119.30 feet to a point on the Northern right of way line of Hemlock Lane; thence along same, South 71 degrees 37 minutes West, 85.00 feet to a point, the place of BEGINNING. CONTAINING 10,140 square feet, more or less. BEING Lot No. 112 as shown on Final Subdivision Plan No. 4 of Treemont prepared by D. P. Raffensperger Associates of Camp Hill, dated April 21, 1986 and recorded June 5, 1986 in the Office of the Recorder of Deeds in and for Cumberland County at Plan Book 51, Page 42. UNDER AND SUBJECT to covenants, conditions, reservations, restrictions, easements, and right of ways of record. BEING KNOWN AND NUMBERED as 1029 Hemlock Lane, Enola, Pennsylvania. File #: 932112 BEING THE SAME PREMISES which Josseph Craig Franczak and Mary E. Franczak, by their deed to be recorded simultaneously herewith in the Office of the Recorder of Deeds of Cumberland, granted and conveyed unto Philip H. Levinson. PROPERTY ADDRESS: 1029 HEMLOCK LANE, ENOLA, PA 17025 -2043 PARCEL #09 -13- 0998 -071. File #: 932112 VERIFICATION hereby states that he/she is t*q, 014g N 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. per DATE: 0 Name: 19mant SaDpleton Title: Assistant Vice Presln PHH MORTGAGE CORPORATION File #: 932112 Name: LEVINSON File #: 932112 FORM 1 IN THE COURT OF COMMON PLEAS PHH MORTGAGE CORPORATION OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. PHILIP H. LEVINSON Defendant(s) �3 " 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'enn 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: / w Date John D. Krohn, Esq., Id. No. , 312244 C Attorney for Plaintiff = f 7i r` ry C- C CD ter:.: r 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: APPLICANT CUSTOM ER/PRI MARY 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: -- 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: L 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): I. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 ° Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. not covered Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Mone Da /Child Care /Tuft. I Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: s b 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 u r f 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 r ( ., Sheriff Jody S Smith Cltitibpri, `e, _,_'`"° i 'f.±� _3 f'.i r:. c Chief Deputy Richard W Stewart Solicitor 1, ,,„ , ,, w P~ s S L tl I^' E" r�E+ LL , t ;' PHH Mortgage Corporaion vs. Case Number Philip H Levinson, III 2013-7607 SHERIFF'S RETURN OF SERVICE 12/30/2013 04:40 PM - Deputy Valerie Weary, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the Defendant, to wit: Philip H Levinson, Ill at 1029 Hemlock Lane, East Pennsboro Township, Enola, A )7025. VALERIE WEARY, DEPUTY SHERIFF COST: $44.95 SO ANSWERS, l ° �. December 31, 2013 RONIWR ANDERSON, SHERIFF • CF-THEijnbITr=!L UNu T fi 2E4 JEN 16 PH j:.31 CUMBERLAND COUNTY ff�+ PHELANIHALLINAN, LLP Joseph P !Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 7365 II PHH MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 EI v. Plaintiff PHILIP H. LEVINSON 1029 HEMLOCK LANE ENOLA, PA 17025-2043 Defendant Attorney for Plaintiff Court of Common Pleas Civil Division 1(10 ) No. 13 -97 -CIVIL Cumberland County MOTION TO :LIFT ;CONCILIATION STAY Plaintiff, PHH Mortgage Corporation (hereinafter- "Plaintiff'), by its attorney, Joseph P. Schalk, Esquire, hereby files the within Motion to Lift Conciliation Stay and in support thereof avers as f o 11ows: 1. On December 26, 2013, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendan for his failure to make monthly payments of principal and interest upon his mortgage due June 932112 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 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. 932112 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: Coil ,b )1-1 BY: 932112 Respectfully submitted, PHELAN HALLINAN, LLP chalk, Esquire ey 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 215-563-7000 PHH MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 Plaintiff V. PHILIP H. LEVINSON 1029 HEMLOCK LANE ENOLA, PA 17025-2043 Defendant Pilc ♦i: 932112 ILL0-OFFICE f THE PROTHONOTARY 2913 DEC 26 MIR; 12 MB0LANO MINTY PENNSYLVANIA ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM /j NO. J3 �- (:2, 7601 Ls;,7 CUMBERLAND COUNTY CIVIL ACTION - LAW - COMPLAIT1T IN MORTGAGE FORECLOSURE civil,C9ver'S1ieet CUMBERLAND County Tor Prothonotary Use Only: Docket No: The irformotion collected on this form is used solely for court administration pwposes. This Arm does not supplement or replace the Om and service of. V odinis or other nipersas reValred fj law or rules o *court. Commencement of Action: Complaint 0 Writ of Summons E 0 Transfer from Another Jurisdiction C Lead Plaintiff's Name: PHil MORTGAGE T CORPORATION I 0 N A S E C T I 0 N 0 Petition 0 Declaration of Taking Lead Defendant's Name: PHILIP LEVINSON Are money damages requested? 1:1 Yes No Is this a Class Action Suit? L3 Yes El No Dollar Amount Requested: 0 within arbitration limits (Chock one) ig outside arbitration limits Is this an MDJ Appeal? 0 Yes 0 No Name of Plaintiff/Appellant's Attorney: John D. Krohn, Eso„ Id, No. 312244, Phelan Hallinan, LLP 0 Check here if you have no attorney (are a Self -Represented [Pro Sc) Litigant) Nature of he 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) 0 Intentional Malicious Prosecution O Motor Vehicle 0 Nuisance 0 Premises Liability 0 Product Liability (does not include mass tort) o Stander/LibeU Defamation 0 Other: ASS TORT 0 Asbestos 0 Tobacco 0 Toxic Tort - DES 0 Toxic Tort - Implant 0 Toxic Waste 0 Other: PROFESSIONAL LIABILITY 0 Dental 0 Legal 0 Medical El Other Professional: Pa.R.C.P. 205.5 CONTRACT (do not include Judgments 0 Buyer Plaintiff O Debt Collection: Credit Card O Debt Collection: Other 0 Employment Dispute: Discrimination 0 Employment Dispute: Other U Other: AL PROPERTY jectrnent 0 Eminent Domain/Condemnation 0 Ground Rent 0 Landlord/Tenant Dispute Ei Mortgage Foreclosure: Residential O Mortgage Foreclosure: Commercial 0 Partition 0 Quiet Title 0 Other: CIVIL APPEALS Administrative Agencies 0 Board of Assessment 0 Board of Elections o Dept, of Transportation o Statutory Appeal: Other 0 Zoning Board 0 Other: MISCELLANEOUS 0 Common Law/Statutory Arbitration 0 Declaratory Judgment 0 Mandamus 0 Nun -Domestic Relations Restraining Order 0 Quo Warranto 0 Replevin 0 Other: Updated 01/01/2011 IN THE COURT OF COMMON PLEAS PHIL MORTGAGE CORPORATION OF CUMBERLAND COUNTY, PENNSYLVANIA PlaintifRs) vs. PHILIP H. LEVINSON Defendant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court -supervised conciliation conference in an effort to resolve this mat -ter 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'enn Legal Services al (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a. legal representative at no charge to you, Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) clays (tithe 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 riled with the Court within sixty (60) days of the service upon you of the foreclosure complaint. !frau do so and a conciliation con lerence 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 mit 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 necessity 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 Repare and tile a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon your of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity tomcat with a representative of your lender in an attempt to work out reasonable arguments with your lender betbre the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Date Respectfully submitted: John D. Krohn, Esq., Id. No. 312244 Attorney for Plaintiff 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: Borrower Occupied? Yes 0 No 0 Mailing Address (if different): City: Phone Numbers: Email: # of people in household: Mailing Address: City; Phone Numbers: Email: # of people in household: Realtor Phone: Home: Cell: State:___Zip: Office: Other: How long? Home: Cell: State: Zip: Office: Other: How long? First Mortgage Lender: Type of Loan: Loan Number: Date You CIosed 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: trav c cues. aauassys>, ,VVUt1V<l Vl VV<Llt, ',acts, lltllllVVl DL. aLLI.A. , Assets A lINTI VOwc rl: Value: Home: $_ S.__ . Other Real Estate: $ $ Retirement Funds: $$ Investments: $ $, Checking: $ $ Savings: Other: Automobile #1: Model: Amount owed: Value: Automobile #2: Model: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value Year: Year: Monthly Income Name of Employers: 1. Monthly. Gross Monthly Net 2. Monthly Gross _....__,_Month ly 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 Mortgage 214 Mortgage _ Car Payment{s) Auto Insurance Auto fuel/repairs Install. Loan .P yment Child Sup2prt/Alim.. Day/Child Care/Tait. AMOUNT ..:: EXPENSE Food. _... Utilities Condo/Neigh. Fees Med. (not coveredL Other prop. payment Cable TV Spending Mone! 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: Phone (Office); Fax Counselor: Email; Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes El No 0 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 D No El 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):. Servicing Company (Name):,, Contact: Phone: hono 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 k. i 0:54111.1 letter) 6, Listing agreement (if property is currently on the market) NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File N. 9321!2 PI-IELAN HALLINAN, LLP John D. Krohn, Esq:, Id. No, 312244 1617IWK,Boulevard, Suite 1400 One Penn,Center Plaza• Philadelphia, PA 19103 21545'63-7000 PIIH MORTGAGE CORPORATION 20011 BISHOPS'GA LE BLVD MdUNT LAUREL, NJ 08054 E1 Plaintiff V. PHILIP 11 _LEVINSON 10291}-IEMLOCK LANE ENOLA',' PA 17025-2043 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBEITLAND COUNTY CIVIL ACTION - LAW: COMPLAINT IN,MORTGAGE FOILECLOSURE File #: 932112 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 11/01/2013: Principal. Balance $168,521.94 Interest $4,845.00 05/01/2013 through 11/01/2013 Late Charges $167.68 Property Inspections $11.25 Escrow Deficit 1859.35 TOTAL $174,405.22 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. 3.: 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). This action does not come under Act 91 of 1983 because the mortgage is FHA -insured. File #: 932112 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $174,405.22, 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 John D. ;a r, I sq,, Id. No. 3 l 2244 Attorney Plaintiff File 11: 932 H2 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro, County of Cumberland, and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the Northern right of way line of Hemlock Lane as shown on the hereinafter named Plan of Lots, said point being a common corner of Lots Nos. 112 and 113; thence along Lot No, 113, North 18 degrees 23 minutes West, 119.30 feet to a point at other lands of Grantors; thence along said lands North 71 degrees 37 minutes East, 85.00 feet to a point, common corner of Lots Nos. 111 and 112; thence along Lot No. 111, South 18 degrees 23 minutes East, 119.30 feet to a point on the Northern right of way line of Hemlock Lane; thence along same, South 71 degrees 37 minutes West, 85.00 feet to a point, the place of BEGINNING. CONTAINING 10,140 square feet, more or less. BEING Lot No. 112 as shown on Final Subdivision Plan No. 4 of Treemont prepared by D. P. Raffensperger Associates of Camp Hill, dated April 21, 1986 and recorded June 5, 1986 in the Office of the Recorder of Deeds in and for Cumberland County at Plan Book 51, Page 42. UNDER AND SUBJECT to covenants, conditions, reservations, restrictions, easements, and right of ways of record. BEING KNOWN AND NUMBERED as 1029 Hemlock Lane, Enola, Pei File d: 932112 y ia, BEING THE SAME PREMISES which Josseph Craig Franczak and Mary E. Franczak, by their deed to be recorded simultaneously herewith in the Office of the Recorder of Deeds of Cumberland, granted and conveyed unto Philip H. Levinson, PROPERTY ADDRESS; 1029 HEMLOCK LANE, ENOLA, PA 17025-2043 PARCEL #09-13-0998-071. Filc #: 932112 VERIFICATION LAPite*CLOC , hereby states that he/she isyIgetirialgfirof 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: )''t 'File: 932112 Name: LEVINSON 111: 932112 Title: Assistant Vice Presini, PHH MORTGAGE CORPORATION ftcjppR,Md.rssn Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY Cumber, kccia QVFICE OF THE 614ERWC Philip H Levinson, Ill Case 2013-7607 Number PHH Mortgage Corporalon vs. SHERIFF'S RETURN OF SERVICE 12/30/2013 0440 PM - Deputy Valerie Weary, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint In Mortgage Foreclosure by "personalile handing a true copy to a person representing themselves to be the Defendant, to wit Philip H Levirison III at 1029 Hemlock Lane, East Pennsboro Township, Enola, A 7026. VALERIEWEARY, DEPUTY SHERIFF COST: $44.95 SO ANSWERS, December 31, 2013 ::.-• `.; ...'• '•;,; (G) CounlyBultt S#n11, T4loosoll. PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 1360 PHH MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 Plaintiff v. PHILIP H. LEVINSON 1029 HEMLOCK LANE ENOLA, PA 17025-2043 Defendant Attorney for Plaintiff Court of Common Pleas Civil Division No. 13 -7057 -CIVIL Cumberland County CERTIFICATION OF SERVICE I, Joseph P. Schalk, 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: PHILIP H. LEVINSON 1029 HEMLOCK LANE ENOLA, PA 17025-2043 Date: 932112 chal s o uire ey or Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 Plaintiff v. PHILIP H. LEVINSON 1029 HEMLOCK LANE ENOLA, PA 17025-2043 Defendant ORDER AND NOW, this 11 6 day of Court of Common Pleas Civil Division 1 (00 % No. 13 -7077 -CIVIL Cumberland County , 2014, upon consideration of Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter, it is hereby ORDERED and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed with its Mortgage Foreclosure Action. c c : fillip H. Levinson Joseph P. Schalk, Esq., Id. No. 91656 Attorney for Plaintiff i es /112.41s4, 932112 (al/sM. f'M.3 n xa= :L r —46 t 4 PHELAN HALLINAN, LLP Joseph P. Schalk, Esq., Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 7365 PHILIP H. LEVINSON 1029 HEMLOCK LANE ENOLA, PA 17025-2043 932112 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 vs. PHILIP H. LEVINSON J, 11 -IE ROTHONO TAR . 2014 JUL 11 AH10:42 CUMBERLAND COUNTY PENNSYLVANIA attorney for Plaintiff : 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: 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 $174,405.22 TOTAL $174,405.22 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 7/10/r/ Jo than Lobb, Esq., Id. No.312174 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PH # 932112 PROTHONOTARY oituk s . Co-sjin ttM t4'h, of 932112 36 31g i\Joi)c-e nizikkd 2� 1 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 PHILIP H. LEVINSON : No. 13 -7607 -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) PHILIP H. LEVINSON 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 PHILIP H. LEVINSON is over 1.8 years of age and resides at 1029 HEMLOCK LANE, ENOLA, PA 17025-2043. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date 7 holly Ph n Hallinan, LLP Jonathan Lobb, Esq., Id. No.31.2174 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 932112 Department of Defense Manpower Data Center Results as of : Jul -10-2014 12:39:57 AM SCRA 3.0 Status Report Pursuant to Servicementhers Civil Relief Act Last Name: LEVINSON First Name: PHILIP Middle Name: H Active Duty Status As Of: Jul -10-2014 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 ba/ed on the Active Duty Status Date , I r Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA . . ,No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Futu e 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 duly status date as to all branches of the Uniforme-d'Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 (Rule of Civil Procedure No. 236) - Revised PHH MORTGAGE CORPORATION : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS PHILIP H. LEVINSON • : CIVIL DIVISION : No. 13 -7607 -CIVIL TERM Notice is gien that a Judgment in the above captioned matter has been entered l against you on 71(/ T By: If you have any questions concerning this matter please contact: Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.3.12174 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. * * 932112 PHH MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION V. PHILIP H. LEVINSON NO. 13 -7607 -CIVIL TERM Defendant(s) TO: PHILIP H. LEVINSON 1029 HEMLOCK LANE ENOLA, PA 17025-204-3 DATE OF NOTICE: 2:2 1 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, THIS NOTICE IS SENT TO YOU IN AN A ITEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 PH #932112 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Mic mei DingddisSen, Esq.. Id. No.317 24 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 East Stow Road Marlton, NJ 08053 (856) 482-1400 Attorney for Plaintiff File Number: 34.29582 7th~_ ED.. IF} IC` HE P1?0THONpJA ''. 7014 JUL CJ!lBERLANp PENNSYLVANIA LNV Corporation, Plaintiff, vs. Paul R. Kaufmann Mary Ann Kaufman THE UNITED STATES OF AMERICA Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 14-605 Civil PRAECIPE TO AMEND DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly Amend the Default Judgment's caption which was filed by Plaintiff on April 10, 2014 in the amount of $191,718.13 to add the Defendant, THE UNITED STATES OF AMERICA: As set forth in Complaint Interest 12/11/13 through 04/10/14 TOTAL $186,172.70 5,545.43 $191,718.13 Roert W. Williams, Esquire Attorney for Plaintiff ?ow/ 3USYU �O M LSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire ID No. 315501 1 East Stow Road Marlton, NJ 08053 (856) 482-1400 Attorney for Plaintiff File Number: 88.25758 LNV Corporation 1501 Woodfield Road, Suite 60173 Schaumburg, IL 60173 Plaintiff, vs. Paul R. Kaufmann Mary Ann Kaufman 6 Village Road Camp Hill, PA 17011, and THE UNITED STATES OF AMERICA do the U.S. Attorney of Middle District of Pennsylvania Federal Building, Suite 220 228 Walnut Street Harrisburg, PA 17108 Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 14-605 Civil AMENDED JUDGMENT, IN REM, FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter Amended Judgment, in rem, in favor of Plaintiff and against Paul R. Kaufmann and Mary Ann Kaufman, Defendants, for failure to file an Answer on 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 Interest 12/11/13 through 04/10/14 TOTAL $186,172.70 5,545.43 $191,718.13 I hereby certify that (1) the addresses of the Plaintiff and Defendants are as shown above and (2) that notice has been given in accordance with Rule 237.1. copy attached. Robe W. Williams, Esquire Attorney for Plaint DAMAGES ARE HEBY ASSESSED AS INDICATED DATE: -7l1/ /if PROTHONOTARY MILSTEAD & ASSOCIATES, LLC BY: Robert W. Williams, Esquire 1D No. 315501 1 E. Stow Road Marlton, NJ 08053 (856) 482-1400 Attorney for Plaintiff Our file number: 34.29582 LNV Corporation, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, No.: 14-605 Civil Vs. Paul R. Kaufmann Mary Ann Kaufman, THE UNITED STATES OF AMERICA do the U.S. Attorney for the Eastern District of Pennsylvania Defendants TO: Paul R. Kaufmann 6 Village Rd, Camp Hill, PA 17011 DATE OF NOTICE: June 5, 2014 Mary Ann Kaufivan 6 Village Rd, Camp Hill, PA 17011 THE UNITED STATES OF AMERICA c/o the U.S. Attorney for the Eastern District of Pennsylvania 615 Chestnut Street, Suite 1250, Philadelphia, PA 19106 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 claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered Page 1 of 3 against you without a hearing and youmay 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 Iawyer. If you cannot afford to lure a lawyer, this office may be able to provide you with information about agencies that may offer legal services toeligible persons at a reduced fee or no fee. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 MILSTEAD & ASSOCIATES, LLC I, VIA By: Robert W. Williams, Esquire ID No. 315501 Attorney for Plaintiff Page 2 of 3 PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 PI -111 Mortgage Corporation Plaintiff v. Philip H. Levinson Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 07/12/2014 to Date of Sale ($28.67 per diem) TOTAL Note: Please attach description of property. PH # 932112 : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 13 -7607 -CIVIL TERM : CUMBERLAND COUNTY $174,405.22 $4,157.15 $178,562.37 Phel./i Hal inan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff 4u.c( 0\u, 5bek3.i() 1� rri C J --<3 — 1 7.71 C -4 CD Sb�c ak.; i(aiaqw #3pvs9s IJL)ges LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro, County of Cumberland, and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the Northern right of way line of Hemlock Lane as shown on the hereinafter named Plan of Lots, said point being a common corner of Lots Nos. 112 and 113; thence along Lot No. 113, North 18 degrees 23 minutes West, 119.30 feet to a point at other lands of Grantors; thence along said lands North 71 degrees 37 minutes East, 85.00 feet to a point, common corner of Lots Nos. 111 and 112; thence along Lot No. 111, South 18 degrees 23 minutes East, 119.30 feet to a point on the Northern right of way line of Hemlock Lane; thence along same, South 71 degrees 37 minutes West, 85.00 feet to a point, the place of BEGINNING. CONTAINING 10,140 square feet, more or less. BEING Lot No. 112 as shown on Final Subdivision Plan No. 4 of Treemont prepared by D. P. Raffensperger Associates of Camp Hill, dated April 21, 1986 and recorded June 5, 1986 in the Office of the Recorder of Deeds in and for Cumberland County at Plan Book 51, Page 42. UNDER AND SUBJECT to covenants, conditions, reservations, restrictions, easements, and right of ways of record. TITLE TO SAID PREMISES IS VESTED IN Philip H. Levinson, a single man, by Deed from Joseph Craig Franczak and Mary E. Franczak, h/w, dated 12/08/2008, recorded 12/16/2008 in Instrument Number 200839845. PREMISES BEING: 1029 Hemlock Lane, Enola, PA 17025-2043 PARCEL NO. 09-13-0998-071. 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. Philip H. Levinson Defendant(s) I'It ED..OF-17IGt: UHE PRCI TNONOTA R t 2014 JUL 17 AN 10: 30 CUMBERLAND COUNTY PENNSYLVANIA CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 13 -7607 -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: (X) ( ) ( ) ( ) ( ) 3943 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. This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Ph, an Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHH Mortgage Corporation FELEU-ClFJ., CL - Plaintiff OF THE PROT ONOT'Et;.. v. Philip H. Levinson Defendant(s) 2014 JUL 17 An 10: 31 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION NO.: 13 -7607 -CIVIL TERM CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 PHI -I 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 1029 Hemlock Lane, Enola, PA 17025- 2043. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Philip H. Levinson 1029 Hemlock Lane Enola, PA 17025-2043 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) Philip H. Levinson 1029 Hemlock Lane Enola, PA 17025-2043 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) PSECU PSECU P.O. Box 67013 Harrisburg, PA 17106 P.O. Box 2590 do ISGN Fulfillment Services Chicago, IL 60690 5. Name and Name None. address of every other person who has any record lien on the property: Address (if address cannot be reasonably ascertained, please indicate) 6. Name andaddress of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None. PH # 932112 Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name I 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) 1029 Hemlock Lane Enola, PA 17025-2043 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: -7 lite Ity PH # 932112 By: Phe 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 PHH Mortgage Corporation Philip H. Levinson j � i..CO +.fF( I''i � f IR 0 1.1-10:-;10 20! JUL 17 AN IU: 3 I CUMBERLAND COUNTY vs.PENNS YLVA NIA : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION : NO.: 13 -7607 -CIVIL TERM Defendant(s) : Cumberland County NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Philip H. Levinson 1029 Hemlock Lane Enola, PA 17025-2043 **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 1029 Hemlock Lane, Enola, PA 17025-2043 is scheduled to be sold at the Sheriffs Sale on 12/03/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $174,405.22 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 Sheriffs Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The 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 -7607 -CIVIL TERM PHH Mortgage Corporation V. Philip H. Levinson owner(s) of property situate in EAST PENNSBORO TOWNSHIP, CUMBERLAND County, Pennsylvania, being 1029 Hemlock Lane, Enola, PA 17025-2043 Parcel No. 09-13-0998-071. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $174,405.22 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro, County of Cumberland, and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the Northern right of way line of Hemlock Lane as shown on the hereinafter named Plan of Lots, said point being a common corner of Lots Nos. 112 and 113; thence along Lot No. 113, North 18 degrees 23 minutes West, 119.30 feet to a point at other lands of Grantors; thence along said lands North 71 degrees 37 minutes East, 85.00 feet to a point, common corner of Lots Nos. 111 and 112; thence along Lot No. 1 l 1, South 18 degrees 23 minutes East, 119.30 feet to a point on the Northern right of way line of Hemlock Lane; thence along same, South 71 degrees 37 minutes West, 85.00 feet to a point, the place of BEGINNING. CONTAINING 10,140 square feet, more or less. BEING Lot No. 112 as shown on Final Subdivision Plan No. 4 of Treemont prepared by D. P. Raffensperger Associates of Camp Hill, dated April 21, 1986 and recorded June 5, 1986 in the Office of the Recorder of Deeds in and for Cumberland County at Plan Book 51, Page 42. UNDER AND SUBJECT to covenants, conditions, reservations, restrictions, easements, and right of ways of record. TITLE TO SAID PREMISES IS VESTED IN Philip H. Levinson, a single man, by Deed from Joseph Craig Franczak and Mary E. Franczak, h/w, dated 12/08/2008, recorded 12/16/2008 in Instrument Number 200839845. PREMISES BEING: 1029 Hemlock Lane, Enola, PA 17025-2043 PARCEL NO. 09-13-0998-071. THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suitel00 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net PHH MORTGAGE CORPORATION Vs. PHILIP H. LEVINSON WRIT OF EXECUTION NO 13-7607 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: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $174,405.22 L.L.: $.50 Interest FROM 7/12/2014 TO DATE OF SALE ($28.67 PER DIEM) - $4,157.1.5 Atty's Comm: Atty Paid: $193.70 Plaintiff Paid: Date: 7/17/14 Due Prothy: $2.25 Other Costs: David D. Buell, Prothonotary � (Seal) �Y QQq. , 1014e 7 Deputy 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 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY PHH MORTGAGE CORPORATION PH # 932112 DEFENDANT SERVICE TEAM/ lxh PHILIP IL LEVINSON COURT NO.: 13 -7607 -CIVIL TERM SERVE PHILIP H. LEVINSON AT: TYPE OF ACTION --, 1029 HEMLOCK LANE XX Notice of Sheriff's Sale ra" --C n.1 ENOLA, PA 17025-2043 SALE DATE: December 3, 2014 "urn C 7:4''r- - rn Gam') L' SERVED — -c Served and made known to PHILIP H. LEVINSON Defendant on the a "day of AlkG-ks7 , 20 14_, aft 4:A5 , o'clock p. M., at ( 019 4 E i t.cck L44 , l:IUA[.44, PA , in the manner described below: Gam' -0 p -17 V Defendant personally served_ S' n �j <-1 Adult family member with whom Defendant(s) reside(s). 7-4 Relationship is = N) -, --'1 -.1 _ 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 305 Height S'9 Weight 23 0 Race W Sex M Other I' Ronald al , , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Shen s ate in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: NAME: PRINTED NAME: Ronald Moll TITLE: Proccss Server NOT SERVED On the day of, at o'clock . M., I, , a competent adult hereby state that Defendant 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. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PHH MORTGAGE CORPORATION Plaintiff v. PHILIP H. LEVINSON Defendant AND NOW, this Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -7607 -CIVIL TERM RULE III day of AI Pt— 2014, 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 Plaintiffs Motion to Reassess Damages. If no. response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. /Ia It 044 , ir_n Pklip p H- Lv« Soy, esoi �S »112J4' '454' I ? --i' r7 '-G "7 fi7 932112 4 Justin F. Kobeski, Esq., Id. No.200392 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 PHILIP FL LEVINSON 1029 HEMLOCK LANE ENOLA, PA 17025-2043 932112 932112 Phelan Hallinan, LLP Michelle J. Stranen, Esq., Id. No.208793 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 michelle.stranen@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff vs. ATTORNEY FOR PLAINTIFF -03 rn p z N �n Court of Commonas Civil Division cn rn DZIP CD CUMBERLAND County Q 7 PHILIP H. LEVINSON Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's August 19, 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. PHILIP H. LEVINSON 1029 HEMLOCK LANE ENOLA, PA 17025-2043 DATE: By: No.: 13 -7607 -CIVIL TERM Phelan Hallinan, LLP ,u1dO Mibhelle J. Strai n, Esq., Id. No.208793 Attorney for Plaintiff 932112 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174! ri SE 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PENN. Jonathan.Lobb@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff vs. PHILIP H. LEVINSON ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 13 -7607 -CIVIL TERM Defendant MOTION TO MAKE RULE ABSOLUTE PHH MORTGAGE CORPORATION, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above -captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on August 14, 2014. 2. A Rule was issued by the Honorable Kevin A. Hess on or about August 19, 2014 directing the Defendant to show cause by September 8, 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 29, 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 September 8, 2014. 932112 2 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs Motion to Reassess Damages. DATE: q //thy By: Jon an Lobb, Esq., Id. No.312174 Attorney for Plaintiff Phelan Hallinan, LLP 932112 3 Exhibi “A99 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PHH MORTGAGE CORPORATION Plaintiff v, PHILIP H. LEVINSON Defendant 14 Sket AND NOW, this /7 day of RULE Court of Common Pleas .„ Civil Division CUMBERLAND County No.: 13 -7607 -CIVIL TERM 2014, 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 d 71/444 932112 Exhibit "B" Phelan Hallinan, LLP Michelle J. Stranen, Esq., Id. No.208793 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 michelle.stranen@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. PHILIP H. LEVINSON Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's August 19, 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. PHILIP H. LEVINSON 1029 HEMLOCK LANE ENOLA, PA 17025-2043 DATE: By: CUMBERLAND County No.: 13 -7607 -CIVIL TERM Phelan Hallinan, LLP Mi el e J. Stra n, Esq., Id. No.208793 Attorney for Plaintiff 932112 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 ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. PHILIP H. LEVINSON 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. PHILIP H. LEVINSON 1029 HEMLOCK LANE ENOLA, PA 17025-2043 DATE: itilly By: CUMBERLAND County No.: 13 -7607 -CIVIL TERM Phelan Hallinan, LLP J an Lobb, Esq., Id. No.312174 Attorney for Plaintiff 932112 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION Plaintiff vs. PHILIP H. LEVINSON Defendant AND NOW, this 1 r day of Court of Common P Civil Division CUMBERLAND County No.: 13 -7607 -CIVIL TERM ORDER Ver , 2014, upon consideration of Plaintiffs 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 Plaintiffs Motion to Reassess Damages in the above captioned matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the 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 TOTAL Plus interest at six percent per annum. Note: The above figure is not a payoff quote. figure. Co 'es /7211 J . 1.066 1.►'(�P LE.u(,Jso,J ?/ 7/Iy nunc pro tunc as follows: $168,521.94 $12,112.50 $167.68 $1,725.00 $643.70 $11.25 $148.86 $2,048.13 $3,383.01 $188,762.07 Sheriffs commission is not included in the above BY TH - COURT: 932112 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION Plaintiff, v. PHILIP H. LEVINSON Defendant(s) e. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: 13 -7607 -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 (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". Date: e,/.7(fc Attorney for Plaintiff H. Davis, Esq., q , Id. 0.20 034 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 # 932112 PHH Mortgage Corporation Plaintiff V. Philip H. Levinson Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 13 -7607 -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 1029 Hemlock Lane, Enola, PA 17025- 2043. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Philip H. Levinson 1029 Hemlock Lane, Enola, PA 17025-2043 2. Name and address of Defendant(s) in the judgment: Name Philip H. Levinson Address (if address cannot be reasonably ascertained, please so indicate) 1029 Hemlock Lane Enola, PA 17025-2043 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) Discover Bank 12 Reads Way New Castle, DE 19720 Discover Bank C/O William Thomas Molczan, Esq. Weltman Weinberg & Reis CO Lpa 436 7th Ave Ste 2500 Pittsburgh, PA 15219 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Psecu P.O. Box 67013 Harrisburg, PA 17106 Psecu C/O Isgn Fulfillment Services P.O. Box 2590 Chicago, IL 60690 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. PH # 932112 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None. Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building 1029 Hemlock Lane Enola, PA 17025-2043 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: (04 f%f PH # 932112 By Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 Name and Address Of Sender Line 1 2 3 4 5 Article Number Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 AZK/CET - 12/03/2014 SALE Name of Addressee, Street, and Post Office Address TENANT/OCCUPANT 1029 HEMLOCK LANE ENOLA, PA 17025-2043 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 Internal Revenue Service Advisory 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 Postage $0.47 80.47 6 PSECU P.O. Box 67013 Harrisburg, PA 17106 80.47 7 PSECU do ISGN Fulfillment Services P.O. Box 2590 Chicago, IL 60690 80.47 RE: PHILIP H. LEVINSON (CUMBERLAND) PH # 932112/102I Page 1 of 1 Writ Team 82.35 Total Number of Pieces Listed by Semler Total Number of Pieces Received at Post Office Paatmaiter, Per (Name of Receiving Employe,) The Ml declaration deal. it requitedun all domestic and international registered mail. The maximum indemnity payable for the hesmoruciiun of nonnegotiable documents under Eapnrsa Mail document reconstruction insurance is 550.000 per piece subject to a limit of $300.000 per occurrence. The maximum indemnity payable nn Express Mail merchundase 1 SSIXI, The maximum indemnify payable is 573,000 for registered mail, sent with optional insurance. See Domestic Mad Manual R900 S913 and S921 fur limitatiwo of coverage. Form 3877 Facsimile is Name and Address Of Sender Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 AZI{/KAZ -12/03/2014 SA Line Article Number Name of Addressee, Street, and Post Office Address PostagejTi:1 1 **** Discover Bank 12 Reads Way New Castle, DE 19720 50;447 w 2 **** Discover Bank C/O William Thomas !Koltun, Esq. WELTMAN WEINBERG & REIS CO LPA 436 7TH AVE STE 2500 PITTSBURGH, PA 15219 $ L.; t RE: PHILIP H. LEVINSON (CUMBERLAND) P11 # 932112/1026 Page 1 of 1 45 Day $0.96 Total Number of Pieces listed by Sender •piece Total Nmnbet of Piech 'Received at Post Office Postmaner, Per (Nome of Receiving Employee) The full declaration of value is required on all domestic and intematiooal registered malt. The n' for the reconsouctioo of naancgaiabk dotumults under Ewes, Mail document tecvnsouaion. , subject to a limit orSsOo,000 per occon enee. The maximum indemnity payable atExpre : The.maximum indemnity payabk is S25,000 for registcrcdmail,sent with optional losttanee. f R900 S913 and S92t for limitations of coverage. Form 3877 Facsimile PH # 932112