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Home My WebLink About14-2349 1 )Supreme Couvt :of ,Pennsylvania COUP COm Pleas For Prothonotary Use Only: et C County Docket No: The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules o court. Commencement of Action: S ❑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: ROBERT C. TOWNSLEY CORPORATION F/K/A CENDANT MORTGAGE , CORPORATION I Are money damages requested. El Yes 0 No Dollar Amount Requested: El within arbitration limits O (Check one) ❑x outside arbitration limits N Is this a Class Action Suit? ❑ Yes ❑x No Is this an MDJ Appeal? ❑ Yes 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 E C ❑ Other: ;T I MASS TORT ❑ Other: O ❑ Asbestos N ❑ Tobacco f ❑ 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.CA 205.5 Updated 0110112011, Y 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 F/K /A CENDANT MORTGAGE CORPORATION COURT OF COMMON PLEAS 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 CIVIL DIVISION Plaintiff TERM V. NO. V l ROBERT C. TOWNSLEY 28 MIDDLE SPRING ROAD CUMBERLAND COUNTY SHIPPENSBURG, PA 17257 -8609 DAWN M. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257 -8609 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE S aw } l �113� Q File #: 942246 C L� e#� C� 3� 1. Plaintiff is PHH MORTGAGE CORPORATION F /K /A CENDANT MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: ROBERT C. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257 -8609 DAWN M. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257 -8609 who is /are the mortgagor(s) and /or real owner(s) of the property hereinafter described. 3. On 12/19/2000 ROBERT C. TOWNSLEY and DAWN M. TOWNSLEY made, executed and delivered a mortgage upon the premises hereinafter described to ALLFIRST BANK, which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1660, Page 408. Said Mortgage was re- recorded on 06/13/2001 in Mortgage Book 1718 Page 803 to add Dawn M Townsley as a mortgagor. By Assignment of Mortgage recorded 02/22/2001 the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Assignment of Mortgage Book 667, Page 369. Said Mortgage was modified as set forth in the modification agreement recorded April 12, 2005, in Book 716, Page 3206. Said Mortgage was modified as set forth in the modification agreement recorded April 21, 2008, in Instrument No. 200812556. Said Mortgage was modified as set forth in the modification agreement recorded December 23, 2013, in Instrument No. 201340123. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Fite #: 942246 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 09/01/2013 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 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 03/01/2014: Principal Balance $162,272.38 Interest $3,668.00 08/01/2013 through 03/01/2014 Late Charges $122.44 Escrow Deficit $1,177.44 TOTAL $167,240.26 7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, .Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has /have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance .Program pursuant to Act 91 of 1983, as amended in 2008, and /or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary File #: 942246 stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has /have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 91 of 1983 because the mortgage is .FHA- insured. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $167,240.26, 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. Kr m, Esq., Id. No.312244 Attorney for Plaintiff File 4: 942246 LEGAL DESCRIPTION ALL the following described real estate lying and being situate in Southampton Township, Cumberland County, Pennsylvania, bounded and limited as follows: BEGINNING in Legislative Route 21047 being also known as Middle Spring Road, at a point 120.05 feet northwest of the northwesterly corner of lands now or formerly of Elmer M. Ott, said point also being the northeasterly corner of Lot No. 5 of the hereinafter referred to subdivision; thence along the southerly line of Lot No. 5, South 57 degrees 33 minutes 00 seconds West, 202.54 feet to a point along lands now or formerly of David Blank; thence along lands now or formerly of Blank, North 32 degrees 27 minutes 00 seconds West, 240 feet to a point being the northwest corner of Lot No. 4; thence North 57 degrees 33 minutes 00 seconds East, 206.61 feet along lands now or formerly of David Blank to a point in Legislative Route 21047; thence in Legislative Route 21047, South 31 degrees 28 minutes 35 seconds East, 240.04 feet to the place of beginning. CONTAINING 1 .127 acres. BEING designated as Lot Nos. 4 and 5 on subdivision plan entitled 'Middle Spring Subdivision', prepared by Martin and Martin, Inc. dated July, 1979 and recorded in Cumberland County, Pa., Plan Book 37, Page 108. EXCEPTING and reserving 'Parcel A' as shown on subdivision plan recorded in Cumberland County, Pa., Plan Book 64, Page 118. BEING the same which Marvin B. Sensenig and Lydia M. Sensenig, his wife by deed dated and intended to be recorded prior hereto, granted and conveyed to Robert C. Townsley, Mortgagor herein. PROPERTY ADDRESS: 28 MIDDLE SPRING ROAD, SHIPPENSBURG, PA 17257 -8609 PARCEL #39 -30- 2574 -020. File #: 942246 VERIFICATION William Bellows hereby states that he /she is Assistant Vice President 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: ! - �Z' •?�!� /C:�/ %� Name: William Bellows Title: Assistant Vice President PHH MORTGAGE CORPORATION File #: 942246 Name: TOWNSLEY File #: 942246 FORM 1 IN THE COURT OF COMMON PLEAS t ;� PHH MORTGAGE CORPORATION F/K/A OF CUMBERLAND COUNTY, PENNSYLVAISP CENDANT MORTGAGE CORPORATION Plaintiff(s) vs. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY Defendant (s) / t�✓ 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 MidPenn Legal Services at (717) 243 - 9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you.: . Once you have been appointed a legal representative, you must promptly meet with that legal representative within t twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your , lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible.for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution" proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed . within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE - STEPS', iii, • w�jM REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: w /Illy Date John Krohn, Esq., Id. No.31 244 Attorney for Plaintiff 'i 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: . CliSTOMER/1 APPLICANT Borrower name(s): Property Address: State: Zip: City: 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? '';�; '�� , �j�; ' ';;lie; T,= Mailing Address: State: Zip: City: 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: i Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: , ;� }�" ,�; Date of Last Payment: Primary Reason for Default: 'i ' . i •1,. �1 {i 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: $ $ i Automobile #1: Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles boats motorcy Model: „ Year: Amount owed: Value Monthly Income = . Name of Employers: Monthly Net 1 Monthly Gross Y _ 'ro 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) ,r rat, EXPENSE !Condo/Neigh..Fees OUNT EXPENSE AMOUNT Mortgage Food 2 Mortgage Utilities Car Pa ment s Auto Insurance Med. not covered Auto fu s Wre airs Other ro payment Cable TV ' °' It Intall. Loan Pa ment , ' �� Child Su ort/Aliin S endin Moneyr „1 Da /Child Care /Tuft. Other Ex enses • Amount Available for Monthly Mortgage Payments Based on Income & Expenses: ♦i.. +� Have you been working with a Housing Counseling. Agency? Yes ❑ No ❑ +t:; ��:: If yes, please provide the following information: Counselor: Counseling Agency: Phone (Office): Fax: '' '' — _ •�� a tt� 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? h . 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: ,R •': .�ii;� . �j��' Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: ; ,.. UWe, , authorize the above named to use /refer this information to my lender / servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that Uwe 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 •t•. � - ",� is 2 Past 2 bank statements " '''' ' _ �'F' 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) s , ` .� rr irhn t; . .6 /Listing agreement (if property is currently on the market) pes it .•. iI• :r ` =it1 jj m ,2lr r 'i� r7t�i il. Ir ik• SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson HEED -OFFICE Sheriff OF THE PROTHONOTARY Jody S SmithY 1 3 Chief Deputy L t f; �i J Richard W Stewart Solicitor OFFICE OF TNF :>.KEeicc CUMBERLAND COUNTY PENNSYLVANIA PHH Mortgage Corporation vs. Case Number Robert C Townsley (et al.) 2014-2349 SHERIFF'S RETURN OF SERVICE 05/01/2014 05:47 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Robert C Townsley, Husband, who accepted as "Adult Person in Charge" for Dawn M Townsley at 28 Middle Spring Road, Southampton Twp, Shippensburg, PA 17257. JASON 111NSLER, DEPUTY 05/01/2014 05:47 PM - Deputy Jason Kinsler, 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: Robert C Townsley at 28 Middle Spring Road, Southampton Twp, Shippensburg, PA 17257. JASONINSLmrc , DEPUTY SHERIFF COST: $66.60 SO ANSWERS, May 02, 2014 RONi -R ANDERSON, SHERIFF (C) (;ountySuite Sheriff, Teleosoff, Inc. OFF 20A JO. , �,,, ,. CLINSE RL PENNS YLVNICOUNTY PHELAN HALLINAN, LLP Joseph P. Schalk, Esquire, Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 7365 PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 Plaintiff v. ROBERT C. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 DAWN M. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 Defendants Attorney for Plaintiff Court of Common Pleas Civil Division No. 14 -2349 -CIVIL Cumberland County MOTION TO LIFT CONCILIATION STAY Plaintiff, PHH Mortgage Corporation F/K/A Cendant 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 follows: 1. On April 21, 2014, Plaintiff filed a Complaint in Mortgage Foreclosure against Defendants for their failure to make monthly payments of principal and interest upon their mortgage due September 1, 2013, and each month thereafter. A true and correct copy of the 942246 Complaint is attached hereto, made part hereof and marked as Exhibit "A". 2. On May 1, 2014, Plaintiff completed service of the Complaint in Mortgage Foreclosure along with the Cumberland County Residential Mortgage Foreclosure Diversion Program Notice upon the Defendants. A true and correct copy of the 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 Defendants may opt into the program by filing a Request for Conciliation Conference with the Court. Upon the filing of the request, the Court will schedule a Conciliation Conference. The program provides that 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 Defendants have not opted to participate in the Diversion Program Plaintiff may petition the Court to lift the stay and remove the case from the Diversion Program. 6. Defendants have failed to opt into the Cumberland County Residential Mortgage Foreclosure Diversion Program within sixty (60) days of service. 7. Since Defendants have opted not to participate in the Diversion Program, it is appropriate for the stay to be lifted. 942246 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: I )-t BY: 942246 Respectfully submitted, PHELAN HALLINAN, LLP . Schalk, Esquire rney for Plaintiff Exhibit "A" r. ;;:el Pa, Supreme Cour of Pennsylvania Ions t County k FOr Protiranofary'Dse:Only « r� r s ', , Dollar Amount Requested: 0 within arbitration limits (Check:one) El outside arbitration limits • Dnt.'1tetNn: ' ' `fir f_ , , .i[.t[ 4+ ;} The information collected on this firm is used solely fir cowl administration purposes. 7his.form does not -suutanlhin.enit or re j)1act! the f.►lin1,f and service leadinirx•' or other papers. as -required hv.. law or rules of court. Commencement of Action: ' I I Complaint 0 Writ of Summons 0 Petition 0 Transfer from Another Jurisdiction 0 Declaration of Taking Lead Plaintiff's Name: PHI -I MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE . CORPORATION Lead Defendant's Name: ROBERT C. TOWNSLEY Arc money damages requested? 0 Yes El No Dollar Amount Requested: 0 within arbitration limits (Check:one) El outside arbitration limits Is this a Class Action Suit? 0 Yes i] No Is this an MDJ Appeal? ❑ Yes © No Name of Plaintiff/Appellant's Attorney: John D. Krohn. Esq., Id. No,312244. Phelan Hallinan,_LLP 0 Check here if you have no attorney (are a Self -Represented [Pro Se] Litigant) ature of the Case: Place an "X" to the left of the ONE case category that most accurately describes yo 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 7'ott) ❑ Intentional 0 Malicious Prosecution 0 Motor Vehicle ❑ Nuisance 0 Premises Liability 0 Product Liability (does not include mass tort) 0 Slander/Libel/ Defamation ❑ Other: MASS TORT 0 Asbestos D Tobacco 0 Toxic Tort - DES D Toxic Tort - Implant ❑ Toxic Waste 0 Other: PROFESSIONAL LIABILITY O Dental 0 Legal 0 Medical D Other Professional: C.P. 205.5 CONTRACT (do not include Judgments) IJ Buyer Plaintiff O Debt Collection: Credit Card Cl Debt Collection: Other D Employment Dispute: Discrimination O Employment Dispute: Other 0 Other: REAL PROPERTY D Ejectment D Eminent Domain/Condemnation 0 Ground Rent 0 Landlord/Tenant Dispute Pi Mortgage Foreclosure: Residential 0 Mortgage Foreclosure: Commercial 0 Partition O Quiet Title 0 Other: CTVIL APPEALS Administrative Agencies 0 Board of Assessment D Board of Flections D Dept. of Transportation 0 Statutory Appeal: Other D Zoning Board D Other: MISCELLANEOUS D Common Law/Statutory Arbitration 0 Declaratory Judgment D Mandamus 0 Non -Domestic Relations Restraining Order 0 Quo Warranto 0 Replevin D Other: Updated 01/01/2011 PHELAN HALLINAN, LLP John D. Krohn, Esq., Id. No.312244 1611 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn@pholanhallinan.com 215.3634000 PM MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 v.. yr 11: PROTH TArc . 2014 APR 2 I Mi 9: 45 CSLT NNYVANA . ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION AR GolPlaintiff TERM ROBERT C. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 DAWN M. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 Defendants File if: 942246 CUMBERLAND COUNTY CIV/L ACTION - LiSW COTVIPLA NT IN MORTGAGE FORECLOSURE. fireoefw r PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION Plaintiff(s) vs. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY FORM I 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 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 matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge, to you.: Once you have been appointed a legal representative, you must promptly meet with that legal representative within.. twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all r,. 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, ynu and: ur lartvyer must•take.the.:followingsteps to be eligible.fo conciliation conference. It is not necessary for you to contact MidPenn .Legal:Siavice for the:appainiment of a legal ' .: representative. However, you must,provide your. lawyer with ell requested(bianclal•information so that a>Joan resolution ' proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS. REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Date Respectfully submitted: John 1;! Krohn, Esq., Id. No.31 214 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 El No [ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes n No D, Mailing Address (if different); City: Phone Numbers: Email: # of people in household: Mailing Address: City: Phone Numbers: Home: Cell: State: Zip: Office: Other: Ho ona? State: Zip: Office: Other: Home: Cell: Email: # of people in household: How long? First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your oan: 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 Home: Other Real Estate: Retirement Funds, Investments: Checking: Savings: Other: Amount Owed: Value: $ 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: I. 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, ting. Food 2d Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Other prop. payment Cable TV Auto fuel/repairs Install. Loan Payment Child Support/Alim, Spending Money Other Expenses . Day/Child Care/Tuit. _ Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Phone (Office): I.�nx:: Counselor: 4 ,44 ;?t Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? YesO No If yes, please indicate the status of the application: ttt 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): Servicing Company (Name): Contact: Phone: Phone: I/We, , authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. UWe understand that Uwe 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) ,'ett e 6 Listing agreement (if property is currently on the market) PHELAN HALL1NAN, LLP John D. Krohn, Esq., Id. No.312244 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 john.krohn®phelanhallinan.corn 215-563-7000 A1TORNEY FOR PLAINTIFF PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION COURT OF COMMON PLEAS 2001 BISHOPS GATE BLVD. MOUNT LAUREL, NJ 08054 CIVIL DIVISION Plaintiff TERM NO. ROBERT C. TOWNSLEY 28 MIDDLE SPRING ROAD CUMBERLAND COUNTY SHIPPENSBURG, PA 17257-8609 v. DAWN M. TOWNSLEY 28 MIDDLE SPRING ROAD SFIIPPENSBURG, PA 17257-8609 Defendants CIVIL ACTION - LAW COMpLAINT EN MORTGAGE FORECLOSURE file Ni" 942246 Plaintiff is PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: ROBERT C. TOWNSLEY 28 MIDDLE SPRING ROAD SH1PPENSBURG, PA 17257-8609 DAWN M. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 who is/are the mortgagor(s) and/or real owner(s) of the properly hereinafter described. On 12/19/2000 ROBERT C. TOWNSLEY and DAWN M. TOWNSLEY made, executed and delivered a mortgage upon the premises hereinafter described to ALLFIRST BANK; , which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1660, Page 408. Said Mortgage was re-recorded on 06/13/2001 in Mortgage Book 1718 Page 803 to add Dawn M Townsley as a mortgagor. By Assignment of Mortgage recorded 02/22/2001 the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Assignment of Mortgage Book 667, Page 369. Said Mortgage was modified as set forth in the modification agreement recorded April 12, 2005, in Book 716, Page 3206. Said Mortgage was modified as set forth in the modification agreement recorded April 21,, 2008, in Instrument No. 200812556. Said Mortgage was modified as set forth in the modification agreement recorded December 23, 2013, in Instrument No. 201340123. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with File If: 94224(1 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 09/01/2013 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 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 03/01/2014: Principal Balance $162,272.38 Interest $3,668.00 08/01/2013 through 03/01/2014 Late Charges $122.44 Escrow Deficit 11,177.44 TOTAL $167,240.2(1 7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law, 8. Notice of intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary Fite B: 942246 stay as provided by said notice hasterminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA -insured, WHEREFORE, Plaintiff demands an in reJn judgment against the Defendant(s) in the sum of $167,240.26, 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 ay_ John D. '1<r:+! i ,.Esq., Id. No.312244 Attorney fur Plaintiff File t1: 942246 LEGAL DESCRIPTION ALL the following described real estate lying and being situate in Southampton Township, Cumberland County, Pennsylvania, bounded and limited as follows: BEGINNING in Legislative Route 21047 being also known as Middle Spring Road, at a point 120,05 feet northwest of the northwesterly corner of lands now or formerly of Elmer M. Ott, said point also being the northeasterly corner of Lot No, 5 of the hereinafter referred to subdivision; thence along the southerly line of Lot No. 5, South 57 degrees 33 minutes 00 seconds West, 202.54 feet to a point along lands now or formerly of David Blank; thence along lands now or formerly of Blank, North 32 degrees 27 minutes 00 seconds West, 240 feet to a point being the ndrthwest corner of Lot No, 4; thence North 57 degrees 33 minutes 00 seconds East, 206.61 feet along lands now or formerly of David Blank to a point in Legislative Route 21047; thence in Legislative Route 21047, South 31 degrees 28 minutes 35 seconds East, 240.04 feet to the place of beginning, CONTAINING 1,127 acres. BEING designated as Lot Nos, 4 and S on subdivision plan entitled 'Middle Spring Subdivision', prepared by Martin and Martin, Inc. dated July, 1979 and recorded in Cumberland County, Pa., Plan Book 37, Page 108. EXCEPTING and reserving 'Parcel A' as shown on subdivision plan recorded in Cumberland County, Pa., Plan Book 64, Page 118. BEING the same which Marvin B. Sensenig and Lydia M. Sensenig, his wife by deed dated and intended to be recorded prior hereto, granted and conveyed to Robert C. Townsley, Mortgagor herein. PROPERTY ADDRESS: 28 MIDDLE SPRING ROAD, SHIPPENSBURG, PA 17257-8609 PARCEL #39-30-2574-020. Filc //: 942246 YERIFICATION William Bellows Assistant Vice President ,,hereby states that he/she isof 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: f /Z' 249/9f File#: 942246 Name; TOWNSLEY r;le.n: 942246 Name; Title: William Bellows Assistant Vice President PH.H MORTGAGE CORPORATION SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson OF THE FILED-OFFICE OVARY Sheriff 6401,'at umb41.,„4. Jody S Smith r7014 NY 13 PH 3: 05 Chief Deputy �^ . CUMBERLAND COUNTY Richard W Stewart ' ��'�'' Solicitor OrFICE or TNerHERIFF PENNSYLVANIA PHH Mortgage Corporation vs. Robert C Townsley (et al.) Case Number 2014-2349 SHERIFF'S RETURN OF SERVICE 05/01/2014 05;47 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Robert C Townsley, Husband, who accepted as "Adult Person in Charge" for Dawn M Townsley at 28 Middle Spring Road, Southampton Twp, Shippensburg, PA 17257. *SON. NSLE, . ,.;D Pi.Y - 05/01/2014 05:47 PM - Deputy Jason Kinsler, 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: Robert C Townsley at 28 Middle Spring Road, Southampton Twp, Shippensburg, PA 17257. JASON. INSL , EP;UTY SHERIFF COST: $66.60 SO ANSWERS, May 02, 2014 _ RONNY R ANDERSON, SHERIFF (c) CountySulte Sheolf. Telcosofl. Inc PHELAN HALLINAN, LLP Joseph P. Schalk, Esquire, Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 7365 Attorney for Plaintiff PHH MORTGAGE CORPORATION F/K/A Court of Common Pleas CENDANT MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD Civil Division MOUNT LAUREL, NJ 08054 No. 14 -2349 -CIVIL Plaintiff v. Cumberland County ROBERT C. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 DAWN M. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 Defendants CERTIFICATION OF SERVICE I, Joseph P. Schalk, Esquire, certify that I caused true and correct copies of Plaintiff's Motion to Lift Conciliation Stay and proposed Order to be sent sent via first class mail to the person listed below on the date indicated: ROBERT C. TOWNSLEY DAWN M. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 Date: 7i1-1// ti B 942246 y chalk, Esquire or Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION F/K/A Court of Common Pleas CENDANT MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD Civil Division MOUNT LAUREL, NJ 08054 No. 14 -2349 -CIVIL Plaintiff v. Cumberland County n ROBERT C. TOWNSLEY `` 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 2'7 -<x'' p DAWN M. TOWNSLEY { C) 28 MIDDLE SPRING ROAD z o •=. SHIPPENSBURG, PA 17257-8609 —52 -4 c11 Defendants rn r— rn , CD n ORDER AND NOW, this Z r day of t , 2014, upon consideration of Plaintiff's Motion to Lift Conciliation Stay in the above captioned matter, it is hereby ORDERED and DECREED that this matter is removed from the Cumberland County Residential Mortgage Foreclosure Diversion Program; it is further ORDERED and DECREED that the automatic Stay is lifted and Plaintiff may proceed with its Mortgage Foreclosure Action. cc .Erni Trout ./Shannon Trout Jaseph P. Schalk, Esquire, Id. No. 91656 Attorney for Plaintiff 942246 PHELAN HALLINAN, LLP Joseph P. Schalk, Esquire, Id. No. 91656 126 Locust Street Harrisburg, PA 17101 215-563-7000 x 7365 OBERT C. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 ....--AWN M. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 Corpi.E.s AA; LccL "VasAy 942246 PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 Attorney for Plaintiff PHH MORTGAGE CORPORATION : CUMBERLAND COUNTY F/KIA CENDANT MORTGAGE CORPORATION COURT OF COMMON PLEAS vs. : CIVIL DIVISION ROBERT C. TOWNSLEY : No. 14 -2349 -CIVIL DAWN M. TOWNSLEY 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 ROBERT C. TOWNSLEY and DAWN M. TOWNSLEY, 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 $167,240.26 TOTAL $167,240.26 I hereby certify that (1) the Defendants' last known address is 28 MIDDLE SPRING ROAD, SHIPPENSBURG, PA 17257-8609, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date / /3 bit athan Lobb, Esq., 1d. No.312174 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PH # 942246 poi I'971: 203 0*- 310,586 No AC- Ng/ 'lea/ rr; PROTHONOTARY --- 942246 PH H MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION Plaintiff v. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY Delendant(s) TO: DAWN M. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 DATE OF NOTICE: Nighil COURT OF COMMON PLEAS CIVIL DIVISION NO. 14 -2349 -CIVIL 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 WRITTEN APPEARANCE PERSONALLY OR BY AFIORNEY 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 DA l'E 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 # 942246 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 Michael Dingerdissen, Esq., Id. No.317124 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHH MORTGAGE CORPORATION F/K/A CENDA NT MORTGAGE CORPORATION Plaintiff v. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY Deiendant(s) TO: ROBERT C. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 DATE OF NOTICE: 9,/iffilq COURT OF COMMON PLEAS CIVIL DIVISION NO. 14 -2349 -CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN Al"1EMPT 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 # 942246 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 Mic iel 1iTgerdissen, Esq., Id. No.317124 Attorney for Plaintiff Phelan Hallinan, LLP 1617 IFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION F/KIA CENDANT MORTGAGE CORPORATION vs. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION No. 14 -2349 -CIVIL AFFIDAVIT OF NON-MILITARY SERVICE c,) 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) ROBERT C. TOWNSLEY and DAWN M. TOWNSLEY are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, as amended. (b) that defendant ROBERT C. TOWNSLEY is over 18 years of age and resides at 28 MIDDLE SPRING ROAD, SHIPPENSBURG, PA 17257-8609. (c) that defendant DAWN M. TOWNSLEY is over 18 years of age and resides at 28 MIDDLE SPRING ROAD, SHIPPENSBURG, PA 17257-8609. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date gl130 PheJn Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLMAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 942246 'Department of Defense Manpower Data Center Status Report Pursuant to Servicemembers Civii Relief Act Last Name: TOWNSLEY First Name: DAWN Middle Name: M Active Duty Status As Of: Sep -03-2014 Results as of : Sep -03-2014 12:06:10 AM SCRA 3.0 .. ' . ' • On Active Duty On Active Duty Status Date Active Duty StanDate Active Duly End Date • .... Status . Service Component NA1,1k ' .,,o6119 )a-'' ''''''''. -'7'**,,,t+r,P!' N, NA _,,fe ,.,,,"‘ • ,, ,,,-i-A 4, : z ..-., ''',40,-, 1 N. This response reflects -me mdividUais actIve dutyliatus-oased cro theActwe'DtityrStatus Date , . Left ACtiVe Dutir rthin 367 Days of Active Duty Status Date , • . : , Active Duty Start Date Active Duty End Date ' Status , Service Component NA • er —so Allr4,4) ,N A - 'x.... .4uN� - . . k ..- NA ter.......*14, "....Y.' ae*.C., ...a.....,IL -,..,,,t,' *T5,-.... This response reflects Where thextdividual leftectiVe,dutye atus Within 367,days preceding the.Active Duty Status Date The Member or HisfRer Unit Was Notified Of a Future Catt-tip to Active Duty on Active Duty Status Data . ' Order Notification Start Date Order Notification End Date, . Status • ., .. . , Service Component . NA N\ 14.'.:, ' fjfio,$:.:0-/ 4 NA r.w.',...s...r, '40,0-..,;,,- • • .. ...,...-ase,„:'4, ' ' -1,0 •::•2-,,,,,:* This response reflects whether,theindividualOr4h11/liel'unit,haerecervedeadyfrotificetion teleport lor active duty Upon searching the data banks of the Department of Defense Manpo4kp,212iCrpr,lbpd" e.the information that you provided, the above is the status of the individual on the active duty status date as to all branches of thPartifOrmedSe4ices;(Ai'my, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a SeMc,emernber or his/her unit receiving notification of future orders to report for Active Duty. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 (Rule of Civil Procedure No. 236) - Revised PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION vs. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY against you on : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 14 -2349 -CIVIL Notice is given that a Judgment in the above captioned matter has been entered B 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.** 942246 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net PHH Mortgage Corporation f/k/a Cendant Mortgage Corporation Vs. NO 14-2349 Civil Term CIVIL ACTION — LAW Robert C. Townsley Dawn M. Townsley WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $167,240.26 L.L.: $.50 Interest from 09/05/2014 to Date of Sale $2,474.10 ($27.49 per diem) Atty's Comm: Due Prothy: $.50 Atty Paid: $21.5.35 Other Costs: Plaintiff Paid: Date: 9/4/2014 12•-ieLI 261a1--• (Seal) REQUESTING_ PARTY: Name: Jonathan Lobb, Esquire Address: PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 312174 David D..BBuell, Prothonotary c 72Ze/2AC-14—r Deputy PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 PHH Mortgage Corporation f/k/a Cendant Mortgage Corporation : COURT OF COMMON PLEAS Plaintiff v. Robert C. Townsley Dawn M. Townsley Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 09/05/2014 to Date of Sale ($27.49 per diem) TOTAL Note: Please attach description of property. PI -I # 942246 aeso pd qj 44.60 103 rls- 14.0 VI 3/0 5-8 7 v/i/4- F issaeo/ : CIVIL DIVISION NO.: 14 -2349 -CIVIL : CUMBERLAND COUNTY $167,240.26 $2,474.10 $169,714.36 C) p,- C--, c-77,_ > .: -71 -.7 ;-r1 ""r! -- -sz-- : -/-, — -,-- (-rt Phel Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 ....._ -.< X> cn-r- -1- Attorney for Plaintiff < • ....L. "1i C. 4-ri • a: _ ...._ > 5-. 25- Due Co . .0) r :";". LEGAL DESCRIPTION ALL the following described real estate lying and being situate in Southampton Township, Cumberland County, Pennsylvania, bounded and limited as follows: BEGINNING in Legislative Route 21047 being also known as Middle Spring Road, at a point 120.05 feet northwest of the northwesterly comer of lands now or formerly of Elmer M. Ott, said point also being the northeasterly corner of Lot No. 5 of the hereinafter referred to subdivision; thence along the southerly line of Lot No. 5, South 57 degrees 33 minutes 00 seconds West, 202.54 feet to a point along lands now or formerly of David Blank; thence along lands now or formerly of Blank, North 32 degrees 27 minutes 00 seconds West, 240 feet to a point being the northwest comer of Lot No. 4; thence North 57 degrees 33 minutes 00 seconds East, 206.61 feet along lands now or formerly of David Blank to a point in Legislative Route 21047; thence in Legislative Route 21047, South 31 degrees 28 minutes 35 seconds East, 240.04 feet to the place of beginning CONTAINING 1.127 acres. BEING designated as Lot Nos. 4 and 5 on subdivision plan entitled 'Middle Spring Subdivision', prepared by Martin and Martin, Inc. dated July, 1979 and recorded in Cumberland County, Pa., Plan Book 37, Page 108. EXCEPTING and reserving 'Parcel A' as shown on subdivision plan recorded in Cumberland County, Pa., Plan Book 64, Page 118. TITLE TO SAID PREMISES IS VESTED IN Robert C. Townsley and Dawn M. Townsley, h/w, by Deed from Marvin B. Sensenig and Lydia M. Sensenig, h/w, dated 12/19/2000, recorded 12/28/2000 in Book 236, Page 896. PREMISES BEING: 28 Middle Spring Road, Shippensburg, PA 17257-8609 PARCEL NO. 39-30-2574-020. 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 Attorneys for Plaintiff PHH Mortgage Corporation f/k/a Cendant Mortgage Corporation : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION v. : NO.: 14 -2349 -CIVIL Robert C. Townsley Dawn M. Townsley Defendant(s) CERTIFICATION . 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: Ph • f Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff " ---PHH Mortgage Corporation f/k/a Cendant Mortgage Corporation Plaintiff v. Robert C. Townsley Dawn M. Townsley Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 14 -2349 -CIVIL CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 PHH Mortgage Corporation f/k/a Cendant 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 28 Middle Spring Road, Shippensburg, PA 17257-8609. 1. Name and address of Owner(s) or reputed Owner(s): Name Robert C. Townsley Dawn M. Townsley 2. Name and address of Defendant(s) in the judgment: Name Robert C. Townsley Dawn M. Townsley Address (if address cannot be reasonably ascertained, please so indicate) 28 Middle Spring Road Shippensburg, PA 17257-8609 28 Middle Spring Road Shippensburg, PA 17257-8609 Address (if address cannot be reasonably ascertained, please so indicate) 28 Middle Spring Road Shippensburg, PA 17257-8609 28 Middle Spring Road Shippensburg, PA 17257-8609 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) Commonwealth of PA Dept. of Revenue Bureau of Compliance Commonwealth of PA Dept. of Revenue Bureau of Compliance P.O. Box 280948 Harrisburg, PA 17128-0948 P.O. Box 280946 Harrisburg, PA 17128-0946 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. PH # 942246 4, 5. Name and address of every other person who has any Name Southampton Township C/O Richard L. Webber, Jr., Esquire Cumberland Franklin Joint Municipal Authority C/O Richard Koch, Esquire Southampton Township Cumberland Franklin Joint Municipal Authority C/O Richard Koch, Esquire Cumberland Franklin Joint Municipal Authority record lien on the property: Address (if address cannot be reasonably ascertained, please indicate) 126 East King Street Shippensburg, PA 17257-1397 28 South Pitt Street Carlisle, PA 17013 200 Airport Road Shippensburg, PA 17257 6 Clouser Rd Mechanicsburg, PA 17055 725 Municipal Drive Shippensburg, PA 17257 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be 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 28 Middle Spring Road Shippensburg, PA 17257-8609 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: q131/y By: PH # 942246 Phe Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 PHH Mortgage Corporation f/k/a Cendant Mortgage : COURT OF COMMON PLEAS Corporation : CIVIL DIVISION Plaintiff : : NO.: 14 -2349 -CIVIL vs. Robert C. Townsley : CUMBERLAND County Dawn M. Townsley G' Defendant(s) -o mC (/) rrr rrt P NOTICE OF SHERIFF'S SALE OF REAL PROPERTY -< TO: Robert C. Townsley z c) Dawn M. Townsley, 28 Middle Spring Road Shippensburg, PA 17257-8609 N) -4 r -' **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 28 Middle Spring Road, Shippensburg, PA 17257-8609 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 $167,240.26 obtained by PHH Mortgage Corporation f/k/a Cendant 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 14 -2349 -CIVIL PHH Mortgage Corporation f/k/a Cendant Mortgage Corporation v. Robert C. Townsley Dawn M. Townsley owner(s) of property situate in SOUTHAMPTON TOWNSHIP, CUMBERLAND County, Pennsylvania, being 28 Middle Spring Road, Shippensburg, PA 17257-8609 Parcel No. 39-30-2574-020. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $167,240.26 Attorneys for Plaintiff Phelan Hallinan, LLP • LEGAL DESCRIPTION ALL the following described real estate lying and being situate in Southampton Township, Cumberland County, Pennsylvania, bounded and limited as follows: BEGINNING in Legislative Route 21047 being also known as Middle Spring Road, at a point 120.05 feet northwest of the northwesterly comer of lands now or formerly of Elmer M. Ott, said point also being the northeasterly corner of Lot No. 5 of the hereinafter referred to subdivision; thence along the southerly line of Lot No. 5, South 57 degrees 33 minutes 00 seconds West, 202.54 feet to a point along lands now or formerly of David Blank; thence along lands now or formerly of Blank, North 32 degrees 27 minutes 00 seconds West, 240 feet to a point being the northwest corner of Lot No. 4; thence North 57 degrees 33 minutes 00 seconds East, 206.61 feet along lands now or formerly of David Blank to a point in Legislative Route 21047; thence in Legislative Route 21047, South 31 degrees 28 minutes 35 seconds East, 240.04 feet to the place of beginning. CONTAINING 1.127 acres. BEING designated as Lot Nos. 4 and 5 on subdivision plan entitled Middle Spring Subdivision', prepared by Martin and Martin, Inc. dated July, 1979 and recorded in Cumberland County, Pa., Plan Book 37, Page 108. EXCEPTING and reserving 'Parcel A' as shown on subdivision plan recorded in Cumberland County, Pa., Plan Book 64, Page 118. TITLE TO SAID PREMISES IS VESTED IN Robert C. Townsley and Dawn M. Townsley, h/w, by Deed from Marvin B. Sensenig and Lydia M. Sensenig, h/w, dated 12/19/2000, recorded 12/28/2000 in Book 236, Page 896. PREMISES BEING: 28 Middle Spring Road, Shippensburg, PA 17257-8609 PARCEL NO. 39-30-2574-020. SHORT DESCRIPTION By virtue of a Writ of Execution No. 14 -2349 -CIVIL PHH Mortgage Corporation f/k/a Cendant Mortgage Corporation v. Robert C. Townsley Dawn M. Townsley owner(s) of property situate in SOUTHAMPTON TOWNSHIP, CUMBERLAND County, Pennsylvania, being 28 Middle Spring Road, Shippensburg, PA 17257-8609 Parcel No. 39-30-2574-020. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $167,240.26 Attorneys for Plaintiff Phelan Hallinan, LLP 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 F/K/A CENDANT MORTGAGE CORPORATION Plaintiff v. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on April 21, ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County firT No. :14 -2349 -CIVIL` ' 'jt t ) C1 C cp 77, 2014. 2. Judgment was entered on September 4, 2014 in the amount of $167,240.26. 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. 942246 1 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through October 1, 2014 Late Charges Legal fees Cost of Suit and Title Appraisal/Brokers Price Opinion Mortgage Insurance Premium/ Private Mortgage Insurance Escrow to be Paid Escrow Deficit $162,272.38 $7,336.00 $122.44 $2,075.00 $615.35 $185.00 $109.50 $2,056.24 $1,892.72 TOTAL $176,664.63 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in 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 September 17, 2014 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) is 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 July 25, 2014. 942246 2 WHEREFORE, Plaintiffrespectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: T1/By: ct—Th Adam H. Davis, Esquire ATTORNEY FOR PLAINTIFF 3 942246 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 F/KIA CENDANT MORTGAGE CORPORATION Plaintiff v. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -2349 -CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE ROBERT C. TOWNSLEY 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 28 MIDDLE SPRING ROAD, SHIPPENSBURG, PA 17257-8609. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 942246 1 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 942246 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 Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 942246 3 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 942246 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. 942246 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. 942246 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 942246 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: 77/7/i By: Phelan Hallinan, LLP Adam H. Davis, Esquire Attorney for Plaintiff 8 942246 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 Attorney for Plaintiff n N PHH MORTGAGE CORPORATION . CUMBERLAND COUNTY - n p3 r F/K/A CENDANT MORTGAGE mm ri ;Y,r CORPORATION : COURT OF COMMON PLEASr ° i' ., �A -p- CD-,' vs. : CIVIL DIVISION2" `- C x,. Dc") �; ROBERT C. TOWNSLEY No. 14 -2349 -CIVIL Dc -- `. r DAWN M. TOWNSLEY =i ry PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OII'�,ES PLEA Kindly enter judgment in favor of the Plaintiff and against ROBERT C. TOWNSLEY and DAWN M. TOWNSLEY, 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: TO THE PROTHONOTARY: As set forth in Complaint TOTAL $167,240.26 $167,240.26 I hereby certify that (1) the Defendants' last known address is 28 MIDDLE SPRING ROAD, SHIPPENSBURG, PA 17257-8609, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date 113 lig Jat,Lobb, Esq., Id. No.312174 'Attimey for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: J PH # 942246(04101116011) PRO ONO 942246 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 September 11, 2014 ROBERT C. TOWNSLEY DAWN M. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 RE: PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION v. ROBERT C. TOWNSLEY and DAWN M. TOWNSLEY Premises Address: 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257 CUMBERLAND County CCP, No. 14 -2349 -CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 9/16/2014. Should you have further questions or concerns, please do not hesitate to contact me, Otherwise, please be guided accordingly Very truly yours, Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff Enclosure 942246 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 F/K/A Court of Common Pleas CENDANT MORTGAGE CORPORATION Plaintiff Civil Division v. CUMBERLAND County ROBERT C. TOWNSLEY No.: 14 -2349 -CIVIL DAWN M. TOWNSLEY Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 Phelan Hallinan, LLP DATE: 7 7,(7,/o- By: 671/41 Adam H. Davis, Esquire ATTORNEY FOR PLAINTIFF 942246 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION Plaintiff v. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY Defendants RULE Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -2349 -CIVIL AND NOW, this rtt day of _teats- 2014, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. HV cl3S 942246 ,,,elarn H. Davis, Esq., Jd. No.203034 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 C. TOWNSLEY DAWN M. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 tes frLittcuri 9/A3frif `=.11 942246 942246 AFFIDAVIT OF SERVICE PLAINTIFF PHH MORTGAGE CORPORATION FfK/A CENDANT MORTGAGE CORPORA TION DEFENDANT ROBERT C. TOWNSLEY DAWN M. TOWNSLEY SERVE ROBERT C. TOWNSLEY AT: 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 SERVED CUMBERLAND COUNTY PH # 942246 SERVICE TEAM/ lxh COURT NO.: 14 -2349 -CIVIL TYPE OF ACTION XX, Notice of Sheriff's Sale SALE DATE: December 3, 2014 Served and made known to ROBERT C. TOWNSLEY. Defendant on the 11 • d• ay of SEP Po te-R, 20 (477at rnc , o'clock I. M., at 28 M 1 Pine S pa IN& /to4-D , in the manner described below: V Defendant personally served. SAT P 04 get PA - 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 56 Height 4' Weight 1610 Race Sex /44 Other C▪ =, C=1 (..r) C.0 Ronald Moll , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DALE: 9Ii2b4 NAME: Ronald Moll PRINTED NAME: Process Server TITLE: NOT SERVED On the day of , 20.., at o'clock . M., I, , a competent adult hereby state that Defendant NOT FOUND 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 AFFIDAVIT OF SERVICE PLAINTIFF PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION DEFENDANT ROBERT C. TOWNSLEY DAWN M. TOWNSLEY CUMBERLAND COUNTY PH # 942246 SERVICE TEAM/ Ixh COURT NO.: 14 -2349 -CIVIL SERVE DAWN M. TOWNSLEY AT: TYPE OF ACTION 28 MIDDLE SPRING ROAD XX Notice of Sheriff's Sale SHIPPENSBURG, PA 17257-8609 SALE DATE: December 3, 2014 SERVED Served and made known to DAWN M. TOWNSLEY, Defendant on 4:35, o'clock l2M., at 28 M t p Ol2 SPRtaci t o 4D , in the manner described below: _ Defendant personally served. Sidi p peNs 026, P4 ✓Adult family member with whom Defendant(s) reside(s). Relationship is 1.1-Lk5 84'JD 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: the%{`day of S"-P TEMi36R20 \ r' 'C.' 2f Q %&j �&,•- -." .. G C:C-:::Sc--, 37 C) i �, y .• Description: Age 573 Height 6, 1 r Weight 1 CIO Race u! Sex Al Other I Ronald Moll , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 9I(1T NAME: PRINTED NAME: Ronald Moll Process Server TITLE: '{ NOT SERVED On the dayof 20_, at o'clock . M., I, state that Defendnt NOT FOUND because: Vacant _ Does Not Exist , a competent adult hereby Moved _ Does Not Reside (Not Vacant) _ No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION Plaintiff vs. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's September 23, 2014 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. ATTORNEY FOR PLAINTIFF C) V, Court of of Com at". Civil Division 3? -5 -- CUMBERLAND County No.: 14 -2349 -CIVIL ROBERT C. TOWNSLEY DAWN M. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 DATE: By: Phelan Hallinan, 7 Jon/an Lobb, Esq., Id. No.312174 Attorney for Plaintiff 942246 ILL 1,3 :11:E Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.2(13d34r,7 1617 JFK Boulevard, Suite 14d0 tj' 20 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 El 2: :D COUNTY iyArd PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. CUMBERLAND County ROBERT C. TOWNSLEY No.: 14 -2349 -CIVIL DAWN M. TOWNSLEY Defendants MOTION TO MAKE RULE ABSOLUTE PHH MORTGAGE CORPORATION F/K/A CENDANT 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 September 18, 2014. 2. A Rule was issued by the Honorable Judge Kevin A. Hess on or about September 23, 2014 directing the Defendants to show cause by October 13, 2014 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit A. 3. The Rule to Show Cause was timely served upon all parties on October 8, 2014 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit B. 4. Defendants failed to respond or otherwise plead by the Rule Returnable date of October 13, 2014. 942246 2 WHEREFORE, Plaintiff requests that this HonOrable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: fei77//r Phelan Hallinan, LLP By: Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 942246 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PHH MORTGAGE CORPORATION F/KJA CENDANT MORTGAGE CORPORATION Plaintiff y. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -2349 -CIVIL RULE AND NOW, this Z34• day of 2014, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendants shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. 942246 Exhibit "B" Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan. Lobb @phelanhallinan. com 215-563-7000 PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION Plaintiff vs. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY Defendants CERTIPI�CATION OF SERVICE I hereby certify that a true and correct copy of the Court's September 23, 2014 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. ATTORNEY FOR PLAINTIFF c' cm • -l; ✓ —4 rm O c X 1-' =m C) m-` -< ▪ to o Court of Cammou s z,► ?ci • z Civil Division >o''' —1 tri -< c.J ^, CUMBERLAND County No.: 14 -2349 -CIVIL. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 Welty' By: Phelan Hallinan, LL Jon an Lobb, Esq., Id. No.312174 Attorney for Plaintiff 942246 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 F/K/A Court of Common Pleas CENDANT MORTGAGE CORPORATION Plaintiff Civil Division vs. CUMBERLAND County ROBERT C. TOWNSLEY No.: 14 -2349 -CIVIL DAWN M. TOWNSLEY Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 DATE: /OP 774C Phelan Hallinan, LLP BY: Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff 942246 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION Plaintiff vs. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY Defendants ORDER AND NOW, this 234 day of �44- , 2014, upon consideration of Plaintiffs Court of Common Pleas Civil Division CUMBERLAND Gayi1 m rn No.: 14-2349-CIVIIa r —Gp r— < tz) >n c� CZ :8 WV 130'110Z 7+ rn -= .a LT, C,, —4 CD CD —s^! Yth vy Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and 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 writ nunc pro tunc as follows: Principal Balance Interest Through October 1, 2014 Late Charges Legal fees Cost of Suit and Title Appraisal/Brokers Price Opinion Mortgage Insurance Premium/ Private Mortgage Insurance Escrow to be Paid Escrow Deficit TOTAL Plus interest at six percent per annum. $162,272.38 $7,336.00 $122.44 $2,075.00 $615.35 $185.00 $109.50 $2,056.24 $1,892.72 $176,664.63 Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. f is' -.P.• wAisixt 1. Thwj:C %ct/iv 942246 OF i hE 1 PHELAN HALLINAN, LLP ``'`' Adam H. Davis, Esq., Id. No.2094 1617 JFK Boulevard, Suite 1400 �', One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 s l- 4LJ AUNTY LVAr IA Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION F/K/A CUMBERLAND COUNTY CENDANT MORTGAGE CORPORATION Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION ROBERT C. TOWNSLEY DAWN M. TOWNSLEY Defendant(s) • No.: 14 -2349 -CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". Date: ` ort?ffi� Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH # 942246 Cumberland Franklin Joint Municipal Authority C/O Richard Koch, Esquire Southampton Township Cumberland Franklin Joint Municipal Authority C/0 Richard Koch, Esquire Cumberland -Franklin Joint Municipal Authority, C/0 James M. Robinson, Esq. 28 South Pitt Street Carlisle, PA 17013 200 Airport Road Shippensburg, PA 17257 6 Clouser rd Mechanicsburg, PA 17055 Turo Robinson 129 S Pitt st Carlisle, PA 17013-3425 Cumberland Franklin Joint Municipal Authority 725 Municipal Drive Shippensburg, PA 17257 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None. Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building Address (if address cannot be reasonably ascertained, please indicate) 28 Middle Spring Road Shippensburg, PA 17257-8609 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: /0(,2/14' PH # 942246 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 Article Number Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 AZ Z - 12/03/2014 SALE Name of Addressee, Street, and Post Office Address Cumberland -Franklin Joint Municipal Authority, C/O James M. Robinson, Esq. TURO ROBINSON 129 S PITT ST CARLISLE, PA 17013-3425 RE: ROBERT C. TOWNSLEY (CUMBERLAND) PH # 942246/1026 Postage $0.48 Total Number of Pieces Listed by Sender Form 3877 Facsimile PH # 942246 Total Number of Pieces Received at Post Office Page 1 of 1 45 Day $0.48 Postmaster, Per (Name of Receiving Employee) The full declaration of value is required on all domestic and international registered mail, The nu (or the reconstruction of nonnegotiable documents under Express Mail document reconstruction n piece subject to a limit of S500,000 per occurrence. The maximum indemnity payable on Express The maximum indemnity payable is $25,000 for registered mail, sent with optional insurance. Se R900 5913 and 5921 for limitations of coverage, "% o " cl u y cr 12 .d LO ca _+cam Name and Phelan Hallinan, LLP Address 1617 JFK Boulevard, Suite 1400 Of Sender r One Penn Center Plaza Philadelphia, PA 19103 AZK/JKM - 12/03/2014 SALE . - 'Ci Line Article Number Name of Addressee, Street, and Post Office Address Lu Postage C !A. c 1 **** TENANT/OCCUPANT 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 $0.47 r (.y _ " ' a i ct c 2 **** Commonwealth of PA Dept. of Revenue Bureau of Compliance P.O. Box 280948 Harrisburg, PA 17128-1948{,,„ $0.47 •• "tdc y . R�. 3 **** Commonwealth of PA Dept. of Revenue Bureau of Compliance P.O. Box 280946 Harrisburg, PA 17128-0946 50.47 'N vl 4.151 +'I isl �• 4 **** Cumberland Franklin Joint Municipal Authority 725 Municipal Drive Shippensburg, PA 17257�y 7. $0.47 , ,. 5 **** Cumberland Franklin Joint Municipal Authority C/O Richard Koch, Esquire 6 CLOUSER RDrrt MECHANICSBURG, PA 17055 $0.47 ,' ` %:::;.,.... 6 **** Cumberland Franklin Joint Municipal Authority C/O Richard Koch, EsquireTT 28 SOUTH PISTREET CARLISLE, PA 17013 $0.47 t �'� 7 **** Southampton Township 200 Airport Road Shippensburg, PA 17257 $0.47 8 **** Southampton Township C/O Richard L. Webber, Jr., Esquire 126 EAST KING STREET SHIPPENSBURG, PA 172574397 $0.47 9 **** Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 $0.47 10 **** Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 50.47 r r 1Ee RE: ROBERT C. TOWNSLEY (CUMBERLAND) PH #942246/1021 Page 1 of 2 Writ Team. Total Number of Pieces Listed by Sender Total Number of Pieces Received at Post Office Postmaster, Pcr (Name of Receiving Employee) The full declaration of value is required on all domestic and international registered mail. The maximum indemnity payable for the reconstruction or nonnegotiable document_: under Earnest Mail document reconstntction in.uranee is 550,000 per piece subject to a limit of 55011,000 per occurrence. Tbc maximum indemnity payabk on Express Mail merchandise i. SSit11. The maximum indemnity payable is 525.000 for registered mail. cent with optioned insurance, See Domestic Mail Manual R900 S91) and S921 tor limitations of coverage.. orm 3ti77 1 acsimile Name and Address Of Sender Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 AZK/JKM - 12/0 014 SALE Line Article Number Name of Addressee, Street, and Post Office Address Postage **** Internal Revenue Service Advisory $0.48 1000 Liberty Avenue Room 704 • Pittsburgh, PA 15222 2 **** U.S. Department of Justice $0.48 U.S. Attorney for The Middle District of PA Federal Building 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108.1754 fin , :,r, REf ROBERT C. TOWNSLEY (CUMBERLAND) PH # 942246/1021 Page 2 of 2 Writ Team $5.66 Total Number of Total Number of Pieces Postmaster. Pcr (Name of The full decimation of value is required on all domestic and international registered mail. The maxi Pieces listed by Sender Received at Post Office Receiving Employee) fro the reconstruction of nnnncgotiabk documents under Express Mail document reconstruction Ins piece subject to a limit of 5500.000 per occurrence. The maximum indemnity payable on Express I The maximum indemnity payable is S25.000 for registered mail, sent with optional insttmnce/ Sec R900 5913 and 5921 for limitations of coverage. i Form 3877 Fa le 8 II CC N 04 if:4 cn w 44 .- 0 0 eA a 0 N O O IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY IN RE PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION Plaintiff v. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY Defendants Civil Action—Law 2014 - 2349 SUGGESTION OF BANKRUPTCY TO THE PROTHONOTARY: C") (- C c3 i TT!M C :, Zig! m rr; Kindly note in the record that the Defendants, Robert C. Townsley and Dawn M. Townsley, are petitioners in bankruptcy court under Chapter 13 of the Bankruptcy Code, 11 U.S.C. § 101 et seq., said petition having been filed on November 24, 2014, at case number 1:14- bk-05426 of the Middle District of Pennsylvania. DATE: _ //- 2s--/ V lie G. orsett orney for Defendants with respect to bankruptcy only 39 North Second Street Chambersburg, PA 17201 (717) 267-2921 Sup. Ct. Id. No. 69294 cc: Adam H. Davis, Esq. Phelan Hallinan, LLP 1617 JFK Blvd., Suite 1400 One Penn Center Plaza Philadelphia, PA 191031 E. Stow Road Attorney for Plaintiff 1)1:7, ; " I PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION Plaintiff v. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY Defendant(s) Attorney for Plaintiff : CIVIL DIVISION : No.: 14 -2349 -CIVIL NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriffs Sale scheduled for 12/03/2014 at 10:00 AM in the above -captioned matter has been continued until 03/04/2015 at 10:00 AM. Date: PH # 942246 /2 I3 Jonat Lobb, Esq., Id. No.312174 Att ey for Plaintiff 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION Plaintiff v. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY Defendant(s) CERTIFICATION OF SERVICE Attorney for Plaintiff : CIVIL DIVISION : No.: 14 -2349 -CIVIL I hereby certify that true and correct copies of the foregoing Notice of the Date of Continued Sheriffs Sale and Certificate of Filing were served by regular mail on the person(s) on the date listed below: ROBERT C. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 Date: PH # 942246 DAWN M. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257-8609 nathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY IN RE PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION Plaintiff v. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY Defendants Civil Action—Law 2014 - 2349 CERTIFICATE OF SERVICE c) This is to certify that I, Michael Harmon, caused to be served the Suggestion of bankruptcy, on December 5, 2014, upon the following persons by the following means and on the dates stated: Name and Address Adam H. Davis, Esq. Phelan Hallinan, LLP 1617 JFK Blvd., Suite 1400 One Center Plaza Philadelphia, PA 19103 Means of Service First class mail Adequate postage attached Date of Service December 5, 2014 Michael Harmon Dorsett Law Firm 39 North Second St. Chambersburg, PA 17201 Attorney for Defendants (Bankruptcy only)