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Home My WebLink About14-3290 Supreme Court of Pennsylvania Cour fo ko m r►foll Pleas � For Prothonotary Use Only: CUT" rv l COVee Sheet ERLANI`u C ounty Docket No: N /y - 3a96 ,0. The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. S Commencement of Action: ❑D Complaint ❑ Writ of Summons ❑ Petition E ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: PHH MORTGAGE Lead Defendant's Name: PAYTON M. RUPP T CORPORATION I Are money damages requested? El Yes Z No Dollar Amount Requested: El within arbitration limits 0 (Check one) ❑x outside arbitration limits N Is this a Class Action Suit? ❑ Yes ❑x No Is this an MDJ Appeal? ❑ Yes ❑x No A Name of Plaintiff /Appellant's Attorney: Jonathan Lobb, Esq., Id. No.312174, Phelan Hallinan, LLP ❑ Check here if you have no attorney (are a Self - Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS • Intentional ❑ Buyer Plaintiff Administrative Agencies • Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment • Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other ❑ Product Liability (does not S include mass tort) ❑ Employment Dispute: ❑ Slander/Libel/ Defamation Discrimination E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T I MASS TORT ❑ Other: 0 ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES • Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS • Toxic Waste ❑ Ejectment ❑ Common Law/Statutory Arbitration B ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin • Legal ❑ Quiet Title ❑ Other: El Other: • Medical ❑ Other Professional: Pa.R.C.P. 205.5 Updated 0110112011 J UY 30 {g E Af �a �f 1 1!, • � i �'UMBERLAND i; Zvi PENNSYLVANIA PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215 -563 -7000 PHH MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD COURT OF COMMON PLEAS MOUNT LAUREL, NJ 08054 CIVIL DIVISION Plaintiff V. TERM PAYTON M. RUPP NO. N -32 L L 452 FRANKLIN STREET CARLISLE, PA 17013 -1858 CUMBERLAND COUNTY Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE s PO 3. IS POL N � CK-I* 1 305 File #: 943982 1. Plaintiff is PHH MORTGAGE CORPORATION 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: PAYTON M. RUPP 452 FRANKLIN STREET CARLISLE, PA 17013 -1858 who is /are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 02/18/2011 PAYTON M. RUPP made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR PHH HOME LOANS, LLC D /B /A ERA HOME LOANS, which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No. 201106436. By Assignment of Mortgage recorded 05/09/2014 the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Assignment of Mortgage Instrument No. 201409623.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2013 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 File #: 943982 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 04/01/2014: Principal Balance $99,724.95 Interest $2,430.78 10/01/2013 through 04/01/2014 Late Charges $88.00 Escrow Deficit $187.50 TOTAL $102,431.23 7. Plaintiff is not seeking a judgment of personal liability (or an in person am judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Mortgage Assistance Program pursuant to Act 91 of 1983, as amended in 2008, and /or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA - insured. File #: 943982 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $102,431.23, 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: Jona an r Lo j bb, Esq., Id. No.312174 Attorney for Plaintiff File #: 943982 LEGAL DESCRIPTION ALL THAT CERTAIN tract of ground with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: ON THE NORTH by lot now or formerly of Luther Kell; on the East by Franklin Street; on the South by lot now or formerly of William Darr; and on the West by a sixteen (16) foot alley, containing thirty (30) feet in frontage on said Franklin Street and extending one hundred forty (140) feet in depth to said alley. HAVING THEREON ERECTED a dwelling house known and numbered a 452 Franklin Street, Carlisle, Pennsylvania. PROPERTY ADDRESS: 452 FRANKLIN STREET, CARLISLE, PA 17013 -1858 PARCEL #06 -20- 1796 -021. File #: 943982 VERIFICATION The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied'by Plaintiff and are true and correct to the best of my information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. orney for Plaintiff DATE: FORM 1 IN THE COURT OF COMMON PLEAS PHH MORTGAGE CORPORATION OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. PAYTON M. RUPP Defendant(s) � .3.Zg� Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact Mid'enn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal represetative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity tomeet with a representative of your lender in an attempt to work out reasonable arguments with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: Date onathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff M U.0 _ c.� [:) FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your counseling agency. Please provide the following information to the best of your knowledge: CUSTOM FR/PR1 MARY APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? Mailing Address: City: State: Zip Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Assets Amount Owed Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles ): Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2' Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. not covered Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Su ort/Alim. Spending Mone Da /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender and lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION I/We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /We understand that I /we am /are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1 Proof of income 2 Past 2 bank statements 3 Proof of any expected income for the last 45 days 4 Copy of a current utility bill 5 Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6 Listing agreement (if property is currently on the market) NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249 -3166 (800) 990 -9108 File #: 943982 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY —. r FILED -0' d't,.,E 1I riE PROTHONOTARY it JUN 17 AM 9: 48 CUMBERLAND COUNTY PENNSYLVANIA PHH Mortgage Corporation vs. Case Number Payton M Rupp 2014-3290 SHERIFF'S RETURN OF SERVICE 06/05/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Payton M Rupp, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as "Not Found" at 763 Macarthur Drive, North Middleton Township, Carlisle, PA 17013. Residence is vacant. 06/05/2014 08:17 PM - Deputy Valerie Weary, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Jeff Strickland, significant other, who accepted as "Adult Person in Charge" for Payton M Rupp at 763 Macarthur Drive, North Middleton Township, Carlisle, PA 17013. VALERIE WEARY, DEPUTY SHERIFF COST: $41.56 SO ANSWERS, June 09, 2014 RONNY R ANDERSON, SHERIFF (C) CountySuito Sheriff, Toleosofi, no. PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff vs. PAYTON M. RUPP Defendants FILED -OFFICE OFT` E PRO THONO T t 1 20111 UL 17 App10: 19 CUMBERLAND COUNTY PENNSYLVANIA : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : No. 14 -3290 -CIVIL TERM PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. By: Jona Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP Date: % l(g 11q /alg, Svc Dept. File# 943982 C 04. 1 ynTr)cS- C2 i# 308 Sg �I Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ;LED-OFFIC ,. THE PROTHONOTARY OTHONOTARY OFFICE OF THE $:KRIFF ZI14JUL 31 WI 37 CIJrPENNSYLOVAN COA TY PHH Mortgage Corporation vs. Payton M Rupp Case Number 2014-3290 SHERIFF'S RETURN OF SERVICE 07/18/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Payton M Rupp, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Found" at 452 Franklin Street, Carlisle Borough, Carlisle, PA 17013. Residence appears to be vacant. 07/25/2014 03:56 PM - Deputy Jeff Kolodzi, 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: Payton M Rupp at 736 Macarthur Drive, North Middleton, Carlisle, PA 17013. JEF OaZI DEPUT� SHERIFF COST: $51.56 SO ANSWERS, July 28, 2014 fc) CountySuite Sheriff, Teleosoft. Inc. RONNY R ANDERSON, SHERIFF 1 PHELAN HALLINAN, LLP Attorney for Plaintiff Jonathan Lobb, Esq., Id. No.312174 ., cm .__... 1617 JFK Boulevard, Suite 1400 --a a ....- One Penn Center Plaza zm Philadelphia, PA 19103 --< > Jonathan.Lobb@phelanhallinan.com CJ — 7: 215-563-7000 < x. >r) = PHH MORTGAGE CORPORATION : CUMBERLAND COUNTY 1> —4 .- -< (..11 vs. : COURT OF COMMON PLEAS PAYTON M. RUPP : CIVIL DIVISION : No. 14 -3290 -CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against PAYTON M. RUPP, 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 $102,431.23 TOTAL $102,431.23 I hereby certify that (1) the Defendant's last known addresses are 736 MACARTHUR DRIVE, CARLISLE, PA 17013 and 452 FRANKLIN. STREET, CARLISLE, PA 17013-1858, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date icflo( J than Lobb, Esq., Id. No.312174 At omey for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED, DATE: PH # 943982 IVS'esr2_ 14-310677 /140.,/eofy/ PROTHONOTARY 943982 PHH MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. PAYTON M. RUPP NO, 14 -3290 -CIVIL TERM Defendant(s) CUMBERLAND COUNTY TO: PAYTON M. RUPP 736 MACARTHUR DRIVE CARLISLE, PA 17013. DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE. YOU ARE IN 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 OFHCE 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 # 943982 By:. Kenya s, Esq., Id. No.203664 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 PHH MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. PAYTON M. RUPP NO. 14 -3290 -CIVIL TERM Defendant(s) CUMBERLAND COUNTY TO: PAYTON M. RUPP 452 FRANKLIN STREET CARLISLE, PA 17013-1858 DATE OF NOTICE: 1/61/4 "Ir 7 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLEUI 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 By: PH 943982 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 Kenya ates, Esq., Id. No.203664 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK 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 vs. PAYTON M. RUPP • • • • Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION : No. 14 -3290 -CIVIL TERM C3 .c- CJV AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above -captioned matter, and that 011 information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) PAYTON M. RUPP is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, as amended. (b) that defendant PAYTON M. RUPP is over 18 years of age and resides at 736 MACARTHUR DRIVE, CARLISLE, PA 17013 and 452 FRANKLIN STREET, CARLISLE, PA 17013-1858. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date P fir n 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 943982 e partment of Defense Manpower Data Center Status Report Pursuant to Servic ent Last Name: RUPP First Name: PAYTON Middle Name: M Active Duty Status As Of: Sep -04-2014 Civil Relief Act Results as of : Sep -04-2014 12:08:04 AM SCRA 3.0 On Active Duty On Active Duty Status Date Active Du Start Date Active Duty End Date Status Service Component NA NA ,' �r No}` NA This response reflects the Individuals' active d t p uty status based on the A Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Dale Status Service Component NA }- - . NA ..'.. , .. o.' ' NA This response reflects where the individual left active duty status within367days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Futu e Cali -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA • ."No NA This response reflects whether the individual or his/her unit has recelvede rty ntitification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based ontheinformation that you provided, the above is the status of the individual on the active duty status date as to all branches of the UniformedServices (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. yA. Mary M. Snavely -Dixon, Director Department of Defense - Manpower Dala Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 (Rule of Civil Procedure No. 236) - Revised PHH MORTGAGE CORPORATION : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS PAYTON M. RUPP against you on CIVIL DIVISION : No. 14 -3290 -CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered ja&Aip 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.** 943982 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net PHH Mortgage Corporation Vs, Payton M. Rupp WRIT OF EXECUTION NO 14-3290 Civil Term CIVIL ACTION — LAW a 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 re& property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $102,431.23 Interest from 09/06/2014 to Date of Sale ($16.84 per diem) Atty's Comm: Atty Paid: $253.62 Plaintiff Paid: Date: 9/5/2014 L,L.: $.50 $1,498.76 Due Prothy: $2.25 Other Costs: David D. Buell, Prothonotary (Seal) By: Deputy 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 PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 PHH Mortgage Corporation Plaintiff v. Payton M. Rupp Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due COURT OF COMMON PLEAS : CIVIL DIVISION NO.: 14 -3290 -CIVIL TERM CUMBERLAND COUNTY $102,431.23 Interest from 09/06/2014 to Date of Sale $1,498.76 ($16.84 per diem) TOTAL Note: Please attach description of property. PH # 9439 4 ae.50 p /9-7L 576 51.510 )O3. 7S /1- 7S - It • st) Of- /52S2 #E.3/06(f4o RE v7,,,y cx /--cSv e $103,929.99 P allinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff -Due s -D L( ceo LT1 f LEGAL DESCRIPTION ALL THAT CERTAIN tract of ground with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: ON THE NORTH by lot now or formerly of Luther Kell; on the East by Franklin Street; on the South by lot now or formerly of William Darr; and on the West by a sixteen (16) foot alley, containing thirty (30) feet in frontage on said Franklin Street and extending one hundred forty (140) feet in depth to said alley. HAVING THEREON EREC fED a dwelling house TITLE TO SAID PREMISES IS VESTED IN Payton M. Rupp, single woman, by Deed from Stephen P. Smith and Kimberly A. Smith, h/w, dated 02/18/2011, recorded 02/25/2011 in Instrument Number 201106435. PREMISES BEING: 452 Franklin Street, Carlisle, PA 17013-1858 PARCEL NO. 06-20-1796-021. PHELAN HALLINAN, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 PHH Mortgage Corporation Plaintiff v. Payton M. Rupp Defendant(s) t 1 - 6 n 6rzt 73111 SEP CUMBERL PENN(...:.:L71,1i'd A CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 14 -3290 -CIVIL TERM : CUMBERLAND County The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: the mortgage is an FHA Mortgage the premises is non -owner occupied the premises is vacant Act 91 procedures have been fulfilled Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: P an Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff (") P1 "Th ET-) C..71 ,PHH Mortgage Corporation Plaintiff v. Payton M. Rupp Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 14 -3290 -CIVIL TERM CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 PHH Mortgage Corporation, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 452 Franklin Street, Carlisle, PA 17013-1858. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Payton M. Rupp 736 Macarthur Drive Carlisle, PA 17013 Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) Payton M. Rupp 736 Macarthur Drive Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Ut Redevelopment Authority of The County of 114 N. Hanover St. Cumberland Carlisle, PA 17013 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. PH # 943982 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) /.4 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 452 Franklin Street Carlisle, PA 17013-1858 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: PH # 943982 By: P . n Hallinan, LLP nathan Lobb, Esq., Id. No.312174 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Perin Center Plaza, Philadelphia, PA 19103 215-563-7000 PHH Mortgage Corporation Payton M. Rupp vs. : COURT OF COMMON PLEAS • Plaintiff : CIVIL DIVISION : NO.: 14 -3290 -CIVIL TERM Defendant(s) : CUMBERLAND NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Payton M. Rupp 736 Macarthur Drive Carlisle, PA 17013 **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 452 Franklin Street, Carlisle, PA 17013-1858 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 $102,431.23 obtained by PHH Mortgage Corporation (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 14 -3290 -CIVIL TERM PHH Mortgage Corporation v. Payton M. Rupp owner(s) of property situate in CARLISLE BOROUGH, CUMBERLAND County, Pennsylvania, being 452 Franklin Street, Carlisle, PA 17013-1858 Parcel No. 06-20-1796-021. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $102,431.23 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN tract of ground with the improvements thereon erected, situate in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: ON THE NORTH by lot now or formerly of Luther Kell; on the East by Franklin Street; on the South by lot now or formerly of William Darr; and on the West by a sixteen (16) foot alley, containing thirty (30) feet in frontage on said Franklin Street and extending one hundred forty (140) feet in depth to said alley. HAVING THEREON ERECTED a dwelling house TITLE TO SAID PREMISES IS VESTED IN Payton M. Rupp, single woman, by Deed from Stephen P. Smith and Kimberly A. Smith, h/w, dated 02/18/2011, recorded 02/25/2011 in Instrument Number 201106435. PREMISES BEING: 452 Franklin Street, Carlisle, PA 17013-1858 PARCEL NO. 06-20-1796-021. PLAINTIFF PHH MORTGAGE CORPORATION DEFENDANT PAYTON M. RUPP SERVE PAYTON M. RUPP AT: 736 MACARTHUR DRIVE CARLISLE, PA 17013 AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PH # 943982 SERVICE TEAM/ lxh COURT NO.: 14 -3290 -CIVIL TERM TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: December 3, 2014 SERVED Served and made known to PAYTON M. RUPP, Defendant on the 17day of SF -Prim A bAo b¢ , at t 1s, o'clock pM., at 736 AWAP71f1I1 tR, Cititi4SCO, in the manner described below: c-, d ✓ Defendant personally served.3 r _ Adult family member with whom Defendant(s) reside(s). r--0Tl p n Relationship is X X' —1 Adult in charge of Defendant's residence who refused to give name or relationship. or) r t Manager/Clerk of place of lodging in which Defendant(s) reside(s).: co _ Agent or person in charge of Defendant's office or usual place of business. C C-7 an officer of said Defendant's company. c7, Other: Z `J Description: Age AO 't Height 5'5" Weight 130 Race W Sex Other I Ronald Moll a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. =� C DATE: r NAME: PRINTED NAME: Ronald Moll TITLE: process Scrvcr NOT SERVED On the day of,20 , at o'clock . M., I, , a competent adult hereby state that Defendant NOT FOUND ecause: T 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 falsification to authorities. to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn 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 Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff v. PAYTON M. RUPP ATTORNEY FOR PLAINFF -0 m co rrl z < 5c: Court of Common Plea Civil Division CUMBERLAND County • No.: 14 -3290 -CIVIL TERM Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on May 30, 2014. 2. Judgment was entered on September 5, 2014 in the amount of $102,431.23. 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. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: 943982 1 Principal Balance Interest Through October 1, 2014 Late Charges Legal fees Cost of Suit and Title Mortgage Insurance Premium/ Private Mortgage Insurance Escrow Deficit $99,724.95 $4,861.56 $88.00 $1,650.00 $908.96 $137.70 $2,391.59 TOTAL $109,762.76 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 8, 2014 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) is attached hereto, made part hereof, and marked as Exhibit "B". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: ro a 7/ fe- By: Adam H. Davis,Esquire ATTORNEY FOR PLAINTIFF 943982 2 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034' 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff v. PAYTON M. RUPP Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -3290 -CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES BACKGROUND OF CASE PAYTON M. RUPP 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 452 FRANKLIN STREET, CARLISLE, PA 17013-1858. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are 943982 outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. 11. 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 Sheriff's sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, 943982 2 Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). 943982 3 However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in e judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 943982 4 VL ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirn ing that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are significantly less than what is peinlitted by Pennsylvania law. 943982 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. 943982 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 943982 7 part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: By: Phelan Hallinan, LLP Adam H. Davis, Esquire Attorney for Plaintiff 943982 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 PHH MORTGAGE CORPORATION vs. PAYTON M. RUPP Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 14 -3290 -CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: FILE copy Kindly enter judgment in favor of the Plaintiff and aininflikt. RUPP, 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: r0 -o c As set forth in Complaint TOTAL $102,431.23 $102,431.23 I hereby certify that (1) the Defendant's last illipawii.padrOises,gire1736 MACARTHUR DRIVE, CARLISLE, PA 17013 and 452 FRANKLIN STREET, CARLISLE, PA 17013-1858, and (2) that notice has been given in accordance with Rule Pa.R.C.P 2371 Date ` ( f Jan bb sq., Id. No.312174 Attorney for4 mtiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PH # 943982 PROTHONOTARY 943982 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 October 2, 2014 PAYTON M, RUPP 736 MACARTHUR DRIVE CARLISLE, PA 17013 , RE: PHH MORTGAGE CORPORATION v. PAYTON M. RUPP Premises Address: 452 FRANKLIN STREET CARLISLE, PA 17013 CUMBERLAND County CCP, No. 14 -3290 -CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by 10/7/2014. 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 943982 Phelan HaMilan, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff v. PAYTON M. RUPP ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -3290 -CIVIL TERM Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. PAYTON M. RUPP 736 MACARTHUR DRIVE CARLISLE, PA 17013 PAYTON M. RUPP 718 LONGS GAP ROAD CARLISLE, PA 17013-8505 DATE: PAYTON M. RUPP 452 FRANKLIN STREET CARLISLE, PA 17013-1858 Phelan Hallinan, LLP By: )fogZ-" Adam H. Davis, Esquire ATTORNEY FOR PLAINTIFF 943982 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 October 8, 2014 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: PHH MORTGAGE CORPORATION v. PAYTON M. RUPP CUMBERLAND County CCP, No. 14 -3290 -CIVIL TERM Dear Sir or Madam: Enclosed for filing please find Motion to Reassess Damages, Brief in Support thereof, and Certification of Service with regard to the above captioned matter. Kindly return a time -stamped copy of the enclosed in the self-addressed stamped envelope provided for your convenience. Very truly yours, Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff Enclosure cc: PAYTON M. RUPP 943982 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PHH MORTGAGE CORPORATION Plaintiff v. PAYTON M. RUPP Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -3290 -CIVIL TERM RULE AND NOW, this day of Cte'o L er" 2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. 943982 Adam H. Davis, Esq., Id. No.203034 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 -- PAYTON M. RUPP 736 MACARTHUR DRIVE CARLISLE, PA 17013 PAYTON M. RUPP 718 LONGS GAP ROAD CARLISLE, PA 17013-8505 eopti es wasieel 101p 411,1, PAYTON M. RUPP 452 FRANKLIN STREET CARLISLE, PA 17013-1858 943982 943982 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.20Q3.92 1617 JFK Boulevard, Su g 14'60' One Penn Center Plaza .,,. Philadelphia, PA 19103 j ustin.kobeski@phelanhallinan. com 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff vs. PAYTON M. RUPP ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -3290 -CIVIL TERM Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's October 14, 2014 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. PAYTON M. RUPP 736 MACARTHUR DRIVE CARLISLE, PA 17013 PAYTON M. RUPP 718 LONGS GAP ROAD CARLISLE, PA 17013-8505 DATE: )dzzhv By: PAYTON M. RUPP 452 FRANKLIN STREET CARLISLE, PA 17013-1858 Phelan Hall' , LLP Justin F. eski, Esq., Id. No.200392 Attorne or Plaintiff 943982 PHELAN HALLINAN, LLP i Paul Cressman, Esq., Id. No.318079 -';; 1617 JFK Boulevard, Suite 1400 =' One Penn Center Plaza . Philadelphia, PA 19103 paul.cressman@phelanhallinan.com 215-563-7000 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION Plaintiff, v. PAYTON M. RUPP Defendant(s) . CUMBERLAND COUNTY . COURT OF COMMON PLEAS . CIVIL DIVISION . No.: 14 -3290 -CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set f i idavit and as amended if applicable. A copy of the Certificate of Mail' ' (Form 3817) and/or rtified Mail Return Receipt stamped by the U.S. Postal Servic: is attached hereto Exhibit ' A". Date: ! 3ak aul Cress At ney f • an, Esq., Id. No.318079 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 # 943982 `Name and Address Of Sender Line= 2 3 4 5 6 Article Number AmPrarli Phelan Hallinan, LLP` 1617JFK,Boulevard, Stine 1400 One Penn Center Plaza Philadelphia.: PA 19103 A7,K/JKM- 12/03/2014 SALE. Name of Addressee, Street, and Post Office Address TENANT/OCCUPANT 452 FRANKLIN STREET CARLISLE, PA 17013=1858 Redevelopment Authority of The County of Cumberland 1.14 N. Hanover St. Carlisle, PA 17013 . Domestic Relations of Cumberland ,County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department'or Welfare P.O. Box 2675 Harrisburg,.PA 17105 Internal Revenue Service Advisory 1000 Liberty AvenueRoom 704 Pittsburgh, PA 15222 :. U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA17,108e1754..._ . Postage $0.47 80.47' $0:47 =ARE: PAVTON/VLRUPP (CUMBERLAND) PH # 943982/1021 Page 1 of 1 Writ Team 2:82 .... Total 5 ,,n,ber of Metes Kited by Sender. Total Number of Pieces .Received at PoO Ofike Postmeaci. Pcr (Name of ReceiviVg$mployee) The tell declaration o1 value is required on Lll don/calk and inicmations! reglu' red mail. Th: nusimom indcinnity payahle fnr:the mennernaml sn nfmsnnegmisbk documents utakr Eafiress Mnit dncensem iea+Mriugnsn immure Is S.S0,0(0 per piece subject Inn limit of 1)0.1:0n per rsecurneee.•Th, nvzin on, indemnity juyabie nn EifiicS M3tI mcr<Tnndire is 5515,. The m r:intim indemnity payable is S25.IID0 for iegisaeed nuit seni wish °pliant insurance. Ste Domestic Mail Manua I ROM 5913 and 5921 for limitedons ofcnve,5 s. Form 3877 Facsimile FILEP..-OFFICE CF THE PROTHONOTARY Phelan Hallinan, LLP 20R UV -7 Ail IQ: 03 Jonathan Lobb, Esq., Id. No.312174 CCMCERLAN; COON iA TORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 PENNSYLVANIA One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff vs. PAYTON M. RUPP Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -3290 -CIVIL TERM MOTION TO MAKE RULE ABSOLUTE PHH MORTGAGE CORPORATION, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above -captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on October 9, 2014. 2. A Rule was issued by the Honorable Kevin A. Hess on or about October 14, 2014 directing the Defendant to show cause by November 3, 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 22, 2014 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit B. 4. Defendant failed to respond or otherwise plead by the Rule Returnable date of November 3, 2014. 943982 2 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs Motion to Reassess Damages. DATE: By: Jona n Lobb, Esq., Id. No.312174 Attorney for Plaintiff Phelan Hallinan, LLP 943982 Exhibit "A" 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PI -IH MORTGAGE CORPORATION : Court of Common Pleas Plaintiff v. PAYTON M. RUPP Defendant Civil Division CUMBERLAND County No.: 1.4 -3290 -CIVIL TERM RULE AND NOW, this 1 day of amber 2014, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If noresponse is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. 943982 Exhibit "B" n Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, -PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff vs: PAYTON M. RUPP ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -3290 -CIVIL 1ERM Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy A Y„r•gqiirri 1 4, 2014 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual cinAne date' uadicated below. • PAYTON M. RUPP 736 MACARTHUR DRIVE CARLISLE, PA 17013 PAYTON M. RUPP 718 LONGS GAP ROAD CARLISLE, PA 17013-8505 DATE: )dahY By: PAYTON M. RUPP 452 FRANKLIN STREET CARLISLE, PA 17013-1858 Phelan Hall LLP 1=X Justin F, e Esq., Id. No.200392 Attorne or Plaintiff 943982 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff vs. PAYTON M. RUPP ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 14 -3290 -CIVIL TERM Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Make Rule Absolute was served upon the following individual on the date indicated below. PAYTON M. RUPP 736 MACARTHUR DRIVE CARLISLE, PA 17013 PAYTON M. RUPP 718 LONGS GAP ROAD CARLISLE, PA 17013-8505 DATE: itA0 PAYTON M. RUPP 452 FRANKLIN STREET CARLISLE, PA 17013-1858 Phelan Hallinan, LLP By: ze/ Jona n Lobb, Esq., Id. No.312174 Attorney for Plaintiff 943982 F _ED- OFFa PROTHONOT?..P'r IN THE COURT OF COMMON PLEAS THE CUMBERLAND COUNTY, PENNSYLVANIA 2014 NOV 13 PM 3: 13 PHH MORTGAGE CORPORATION Plaintiff vs. PAYTON M. RUPP Defendant Court of CommonriMBERLANO COUNTY PENNSYLVANIA Civil Division CUMBERLAND County No.: 14 -3290 -CIVIL TERM ORDER AND NOW, this J.?' day of Alte‘. , 2014, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and 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 $99,724.95 Interest Through October 1, 201'4 $4,861.56 Late Charges $88.00 Legal fees $1,650.00 Cost of Suit and Title $908.96 Mortgage Insurance Premium/ Private Mortgage Insurance $137.70 Escrow Deficit $2,391.59 TOTAL Plus interest at six percent per annum. $109,762.76 Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. 943982