HomeMy WebLinkAbout14-3689 Supreme Court of Pennsylvania
Court.o�'Common Pleas
t f . , v� For Prothonotary Use Only:
CiviKover-Sheet
CljMBERYa.'A ,t It County Docket No:
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace thefiling and service ofpleadings or other papers as required b ,law or rules of court.
S Commencement of Action:
Complaint ❑ Writ of Summons ❑Petition
E ❑Transfer from Another Jurisdiction ❑Declaration of Taking
C Lead Plaintiff's Name: PHH MORTGAGE Lead Defendant's Name: CHRIS E. ETTER
T CORPORATION F/K/A PHH MORTGAGE SERVICES
I Are money damages requested? El Yes 0 No Dollar Amount Requested: ❑within arbitration limits
0 (Check one) El outside arbitration limits
N Is this a Class Action Suit? ❑ Yes Z No Is this an MDJ Appeal? ❑ Yes N No
A Name of Plaintiff/Appellant's Attorney: Michael Dingerdissen,Esq., Id.No.317124,Phelan Hallinan,LLPEsq., Id.No.317124,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:
U ❑Asbestos
N ❑Tobacco
❑Toxic Tort-DES
❑Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
❑Toxic Waste ❑ Ejectment ❑ Common Law/Statutory Arbitration
B ❑ Other: ❑Eminent Domain/Condemnation ❑ Declaratory Judgment
❑ Ground Rent ❑ Mandamus
❑Landlord/Tenant Dispute ❑Non-Domestic Relations
® Mortgage Foreclosure: Residential Restraining Order
PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto
❑ Dental ❑ Partition ❑ Replevin
❑Legal ❑ Quiet Title ❑ Other:
❑ Medical ❑ Other:
❑ Other Professional:
Pa.R.C.P. 205.5 Updated 01101/2011
21)
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ANO SOU
PENtjS�'Lyj,.E�0U 1
PHELAN HALLINAN,LLP
Michael Dingerdissen,Esq.,Id.No.317124
1617 JFK Boulevard,Suite 1400
One Penn Center Plaza ATTORNEY FOR PLAINTIFF
Philadelphia,PA 19103
Michael.Dingerdissen@phelanhallinan.com
215-563-7000
PHH MORTGAGE CORPORATION F/K/A PHH
MORTGAGE SERVICES COURT OF COMMON PLEAS
2001 BISHOPS GATE BLVD
MOUNT LAUREL,NJ 08054 CIVIL DIVISION
Plaintiff TERM
v. Q
NO.
CHRIS E.ETTER
337 GRANGE HILL ROAD CUMBERLAND COUNTY
FISHERTOWN,PA 15539-9809
Defendant
CIVIL ACTION-LAW
COMPLAINT IN MORTGAGE FORECLOSURE
�Iu3, �S
File#: 947177 ekm� of
1. Plaintiff is
PHH MORTGAGE CORPORATION F/K/A PHH MORTGAGE SERVICES
2001 BISHOPS GATE BLVD
MOUNT LAUREL,NJ 08054
2. The name(s) and last known address(es) of the Defendant(s) are:
CHRIS E. ETTER
337 GRANGE HILL ROAD
FISHERTOWN,PA 15539-9809
who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 06/29/2004 CHRIS E. ETTER made, executed and delivered a mortgage upon the
premises hereinafter described to PATRIOT FEDERAL CREDIT UNION , which
mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County,
in Mortgage Book 1877, Page 4844. By Assignment of Mortgage recorded 09/16/2004
the mortgage was assigned to PLAINTIFF, which Assignment is recorded in Assignment
of Mortgage Book 711, Page 2983.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 01/01/2014 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.
File#: 947177
6. The following amounts are due on the mortgage as of 05/07/2014:
Principal Balance $39,839.17
Interest $496.08
12/01/2013 through 05/07/2014
Late Charges $42.72
Escrow Deficit $2,938.16
TOTAL $43,316.13
7. Plaintiff is not seeking a judgment of personal liability(or an in persona m judgment)
against the Defendant(s) in the Action; however,Plaintiff reserves its right to bring a
separate Action to establish that right, if such right exists. If Defendant(s) has/have
received a discharge of personal liability in a bankruptcy proceeding, this Action of
Mortgage Foreclosure is in no way an attempt to reestablish such personal liability
discharged in bankruptcy,but only to foreclose the mortgage and sell the mortgaged
premises pursuant to Pennsylvania Law.
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.
File#: 947177
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$43,316.13, 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
10
By:
Michael Dingerdissen, Esq., Id. No.317124
Attorney for Plaintiff
File#: 947177
LEGAL DESCRIPTION
ALL that certain tract of land with dwelling house erected thereon, situate in the Township of
Southampton, County of Cumberland, and Commonwealth of Pennsylvania, and located on the
West side of the Middlespring Road in the Village of Middlespring, CONTAINING Eighty(80)
feet frontage on said Road and extending in depth Two Hundred(200) feet, BOUNDED on the
East by the Middlespring Road; on the North by property formerly of C.E. Stouffer, now
Ambrose Leedy; on the West by the Middlespring Creek and land formerly of the Pennsylvania
Edison Company, now Richard Shoop; and on the South by property formerly of William
Crawford now William Jones, et ux.
BEING the same real estate that B.F. Hoover, widower and single person,by his deed dated
March 30, 1979, and recorded April 2, 1979, in Cumberland County Deed Book 281, at Page
795, conveyed to Chris E. Etter and Rebecca S. Etter,husband and wife, the Grantors herein.
Parcel No: 39-29-2566-009
PROPERTY ADDRESS: 106 MIDDLE SPRING AVENUE, SHIPPENSBURG, PA 17257-
8136
PARCEL#39-29-2566-009
File#: 947177
VERIFICATION
William Bellows Assistant Vice Preside
hereby states that he/she is rk 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:
Name: William Bellows
Title: Assistant Vice PteSident
PHH MORTGAGE CORPORATION
Filek 947177
Name: ETTER
File#: 947177
FORM 1
IN THE COURT OF COMMON PLEAS
PHH MORTGAGE CORPORATION F/K/A PHH OF CUMBERLAND COUNTY,PENNSYLVANIA
MORTGAGE SERVICES
Plaintiff(s)
VS.
CHRIS E. ETTER (o/'
Defendant(s) J 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 abe 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)2439400
extension 2510 or(800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you.
Once you have been appointed a legal representative,you must promptly meet with that legal representative within
twenty(20)days of the appointment date.During that meeting,you must provide the legal representative with all
requested financial information so that a loan resolution proposal canbe 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 Cow 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 arrangenents 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 woksheet 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 onference is
scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable
arguments with your lender before the mortgage foreclosure suit proceeds forward.
IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND TAKE THE STEPS
REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE.
Respectfully submitted:
Date Michael Dingerdissen,Esq., Id.No.317124
Attorney for Plaintiff _'
re
CD
r.
FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
Financial Worksheet
Date
Cumberland County Court of Common Pleas Docket#
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance,your lender must consider your circumstances to determine
possible options while working with your counseling agency. Please provide the following information to
the best of your knowledge:
CUSTOM ER/PRI 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?
CO-BORROWER
Mailing Address:
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
#of people in household: How long?
INFORMATIONFINANCIAL
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
2nd 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 k: 947177
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson r ;LEO-CFF(CE
Sheriff OF THE PROTHONOTARY
oy11, of CIranLrr/4
Jody S Smith "d 1014 AUG -5 AM 9: 50
Chief Deputy ,
Richard W Stewart CUMBERLAND COUNTY
Solicitor OFFICE OF THE SHERIFF PENNSYLVANIA
PHH Mortgage Corporation f/k/a PHH Mortgage Services
vs.
Chris E Etter
Case Number
2014-3689
SHERIFF'S RETURN OF SERVICE
06/20/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: Chris E Etter, but was unable to locate the Defendant in the
Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Bedford, Pennsylvania to serve the within
Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure
according to law.
06/24/2014 01:02 PM - Deputy Ryan Burgett, 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 Sarah Engle, Tenant, who accepted as "Adult
Person in Charge" for Occupant at 106 Middle Spring Road, Southampton, Shippensburg, PA 17257.
Defendant does not reside at this address.
j Sf
r RYAN BURGETT, DEPUTY
06/27/2014 10:36 AM - The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint
in Mortgage Foreclosure served by the Sheriff of Bradford County upon G. Kay wiles, Fiancee, who
accepted for Chris E Etter, at 337 Grange Hill Road, Fishertown, PA 15539-9809. C.J. Walters, Sheriff,
Return of Service attached to and made part of the within record.
SHERIFF COST: $88.60 SO ANSWERS,
July 29, 2014 RONR ANDERSON, SHERIFF
(c) CountySuile Sheriff, Toleosoff, Inc.
SHERIFF'S RETURN - REGULAR
CASE NO: 2014-03689 T
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF Bedford
PHH MORTGAGE CORPORATION
�•r
CHRIS E ETTER
VS_
HOLLIE SNYDER , Deputy Sheriff of Bedford
County, Pensylvania, who being duly sworn according to law,
says, the within NOTICE
was served upon
ETTER CHRIS E the
DEFENDANT at 1036:00 Hour, on the 27th day of June , 2014
at 337 GRANGE HILL ROAD
FISHERTOWN, PA 15539
G KAY WILES, FIANCEE AT THE ADDRESS ABOVE
by handing to
a true and attested copy of NOTICE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing .00
Service .00
Affidavit .00
Surcharge .00
.00
.00* Paid on 00/00/0000.
By
Sworn and Subscribed to before
this A4 day of
COMMONW:e OFYENNSYL / NIA
NOTARIAL SEAL
Kimberly Sue Weyant, Notary Public
Bedford Bora, Bedford County
My Commission Expires July 10. 2017
EMBER, PENNSYLVANIA ASSOCIATISN OF NOYARIE
So answers;
HOLLIE SNYDER
By: 91111
Sheriff of Bedford County
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 : CUMBERLAND COUNTY
F/K/A PHH MORTGAGE SERVICES .
. COURT OF COMMON PLEAS -3
vs.
. CIVIL DIVISION rnwrn'
CHRIS E. ETTER =
_r,
: No. 14 -3689 -CIVIL
n
Z C
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 CHRIS E. ETTER,
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 $43,316.13
TOTAL
$43,316.13
I hereby certify that (1) the Defendant's last known addresses are 337 GRANGE HILL
ROAD, FISHERTOWN, PA 15539-9809 and 106 MIDDLE SPRING AVENUE,
SHIPPENSBURG, PA 17257-8136, and (2) that notice has been given in accordance with Rule
Pa.R.C.P 237.1.
Date 77 /f
Adam H. Davis, Esq., Id. No.203034
Attorney fir Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED.
DATE:
PH # 947177
/6..S7V //#6
e#M-2 982
,e3/O68L2
f s/or5 c e /log,/Pa
PROTHONOTARY
947177
PHH MORTGAGE CORPORATION F/K/A PHH COURT OF COMMON PLEAS
MORTGAGE SERVICES CIVIL DIVISION
Plaintiff
v.
CHRIS E. ETTER
NO. 14 -3689 -CIVIL
Defendant(s) CUMBERLAND COUNTY
TO: CHRIS E. ETTER
337 GRANGE HILL ROAD
FISHERTOWN, PA 15539-9809
DA 1,E. OF NOTICE: g1i.
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE
IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO
HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT
PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN
ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST
PROPERTY.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU
ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFbR 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
CUMBERLAND COUNTY BAR
ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
By:
Kenya ' ates Esq., Id. No,203664
Attorney for Plaintiff
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
PH if 947177
PHH MORTGAGE CORPORATION F/K/A Ph1h1
MORTGAGE SERVICES
v.
CHRIS E. ETTER
Plaintiff
Defendant(s)
TO: CHRIS E. EI'1'ER
106 MIDDLE SPRING AVENUE
SHIPPENSBURG, PA 17257-8136
DATE OF NOTICE: _,. _ /;
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. 14 -3689 -CIVIL
CUMBERLAND COUNTY
THIS FIRM IS A DEBT COLLECTOR A 1"1'EMPTING TO COLLECT A DEBT. THIS NOTICE
IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO
HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT
PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN
ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST
PROPERTY.
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU, UNLESS YOU
ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Office of the Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
(717) 240-6195
CUMBERLAND COUNTY BAR
ASSOCIATION
CUMBERLAND COUNTY COURTHOUSE
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
By: r—
Kenya aces, Esq., Id. No.203664
Attorney for Plaintiff
Phelan Hallinan, I .I P
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
PH # 947177
P
PHELAN HALLINAN, LLP Attorney for Plaintiff
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
-71
PHH MORTGAGE CORPORATION CUMBERLAND COUNTY
F/KIA PHH MORTGAGE SERVICES COURT OF COMMON PLEA$1.71F1
r- c)
t:L)
vs. : CIVIL DIVISION --n
CHRIS E. ETTER : No. 14 -3689 -CIVIL c • 1-7-
-;-13
AFFIDAVIT OF NON-MILITARY SERVICE
The undersigned attorney hereby verifies that he/she is the attorney for the
Plaintiff in the above -captioned matter, and that on information and belief, he/she has knowledge
of the following facts, to wit:
(a) that the defendant(s) CHRIS E. ETTER 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 CHRIS E. ETTER is over 18 years of age and resides at 337
GRANGE HILL ROAD, FISHERTOWN, PA 15539-9809 and 106 MIDDLE SPRING
AVENUE, SHIPPENSBURG, PA 17257-8136.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
1\i/4611C(
Date
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
947177
Department of Defense Manpower Data Center
Status Report
to Servicememl s Civil Relief Act
Last Name: ETTER
First Name: CHRIS
Middle Name: E
Active Duty Status As Of: Sep -04-2014
Results as of : Sep -04-2014 12:07:44 AM
SCRA 3.0
On Active Duty On Active Duty Status Date
Active Duty Start Date
Active Duty End Date
Status
Service Component
NA
NA _ -
— , Na
NA
This response retiecte the individuals' active duty status based on the Active' Duty: Status Date
Lett Active Duty Within 367 Da of Active Duty Status Date
Active Duty Stan Date
Active Duly End Dale
Status
Service Component
NA
. NA .. -
..,. .: No.a i ,F
NA
This response reflects where.tM- individual left active duty status Wtihid 367 days preceding theActive Duty Status Date
The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date
Order Notification Stan Date
Order Notification End Date
.Status
Service Component
NA
NA _
- No ' 1
NA
This response reflects whether the individual or his/her unit ryas received early nobficatIon to report for active duty
ai
Upon searching the data banks of the Department of Defense Manpower Data Center, based on tfie information that you provided, the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
Mary M. Snavely -Dixon, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Arlington, VA 22350
(Rule of Civil Procedure No. 236) - Revised
PHH MORTGAGE CORPORATION : CUMBERLAND COUNTY
F/KJA PHH MORTGAGE SERVICES
: COURT OF COMMON PLEAS
VS.
CHRIS E. ETTER
: CIVIL DIVISION
: No. 14 -3689 -CIVIL
Notice is given that a Judgment in the above captioned matter has been entered
against you on rtr//
B
If you have any questions concerning this matter please contact:
Phelan Hallinan, LLP
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
** THIS FIRM ISA DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU
HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT
ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. **
947177
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 PHH Mortgage Services
Vs.
Chris E. Etter
WRIT OF EXECUTION
NO 14-3689 Civil Term
CIVIL ACTION — LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell
the following described property:
(1) See legal description.
(2) (Specifically describe personal property when judgment results from a mortgage covering
both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code)
NOTE: Description of property must be attached to the writ.
Amount Due: $43,316.13
Interest from 09/06/2014 to Date of Sale
($7.12 per diem)
Atty's Comm:
Atty Paid: $237.35
Plaintiff Paid:
Date: 9/5/2014
L.L.: $.50
$633.68
Due Prothy: $2.25
Other Co ts:
David D. Buell, Prothonotary
(Sea]) By:
Deputy
REQUESTING PARTY:
Name: Adam H. Davis, 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. 203034
PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE)
P.R.C.P. 3180-3183
PHH Mortgage Corporation f/k/a PHH Mortgage Services
Plaintiff
v.
Chris E. Etter
Defendant(s)
To the Prothonotary:
Issue writ of execution in the above matter:
Amount Due
: COURT OF COMMON PLEAS
: CIVIL DIVISION
: NO.: 14 -3689 -CIVIL
: CUMBERLAND COUNTY
$43,316.13
Interest from 09/06/2014 to Date of Sale $633.68
($7.12 per diem)
TOTAL
Note: Please attach description of property.
PH # 947177
�o A7`7
8s.
los. 75
-ro
1/6
,2 2 r ,bve
4‘. t
Efr- /ad'
$43,949.81
Phelan Hallinan, LLP
Adam H. Davis, Esq., Id, No.203034
Attorney for Plaintiff
LEGAL DESCRIPTION
ALL that certain tract of land with dwelling house erected thereon, situate in the Township of Southampton,
County of Cumberland, and Commonwealth of Pennsylvania, and located on the West side of the
Middlespring Road in the Village of Middlespring, CONTAINING Eighty (80) feet frontage on said Road
and extending in depth Two Hundred (200) feet, BOUNDED on the East by the Middlespring Road; on the
North by property formerly of C.E. Stouffer, now Ambrose Leedy; on the West by the Middlespring Creek
and land formerly of the Pennsylvania Edison Company, now Richard Shoop; and on the South by property
formerly of William Crawford now William Jones, et ux.
TITLE TO SAID PREMISES IS VES I ED IN Chris E. Etter, by Deed from Chris E. Etter and
Rebecca S. Etter, dated 06/29/2004, recorded 08/20/2004 in Book 264, Page 3976.
PREMISES BEING: 106 Middle Spring Avenue, Shippensburg, PA 17257-8136
PARCEL NO. 39-29-2566-009
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 PHH Mortgage Services
Plaintiff
v.
Chris E. Etter
Defendant(s)
CERTIFICATION
Attorneys for Plaintiff
: COURT OF COMMON PLEAS
: CIVIL DIVISION
: NO.: 14 -3689 -CIVIL
CUMBERLAND County
The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned
matter and that the premises are not subject to the provisions of Act 91 because:
the mortgage is an FHA Mortgage
the premises is non -owner occupied
the premises is vacant
Act 91 procedures have been fulfilled
Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943
This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to
authorities.
By:
Phelan Hallinan, LLP
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
•
ti -
f PHH Mortgage Corporation f/k/a PHH Mortgage Services COURT OF COMMON PLEAS
Plaintiff
CIVIL DIVISION
v.
NO.: 14 -3689 -CIVIL
Chris E. Etter
Defendant(s)
CUMBERLAND COUNTY
AFFIDAVIT PURSUANT TO RULE 3129.1
PHH Mortgage Corporation f/k/a P1111 Mortgage Services, 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 106
Middle Spring Avenue, Shippensburg, PA 17257-8136.
1. Name and address of Owner(s) or reputed Owner(s):
Name Address (if address cannot be reasonably ascertained,
please so indicate)
Chris E. Etter 337 Grange Hill Road
Fishertown, PA 15539-9809
2. Name and address of Defendant(s) in the judgment:
Name Address (if address cannot be reasonably
ascertained, please so indicate)
Chris E. Etter 337 Grange Hill Road
Fishertown, PA 15539-9809
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.
C) r.)
CZ: a
4. Name and address of last recorded holder of every mortgage of record: -ti IT
Name Address (if address cannot be z co j
reasonably ascertained, please indicate) z. 3J "Ci
vi r- i
Al(first Bank 25 South Charles Street r- 3 cn
Baltimore, MD 21201 <
v'c-) -r.
= C) .......
5. Name and address of every other person who has any record lien on the property: D
Name Address (if address cannot be --t
reasonably ascertained, please indicate) --c
None.
CD
C)
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 # 947177
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
Commonwealth of Pennsylvania Bureau of
Individual Taxes Inheritance Tax Division
Department of Public Welfare, TPL Casualty
Unit, Estate Recovery Program
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
106 MIDDLE SPRING AVENUE
SHIPPENSBURG, PA 17257-8136
6th Floor, Strawberry Sq.
Dept 280601
Harrisburg, PA 17128
P.O. Box 8486
Willow Oak Building
Harrisburg, PA 17105
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:
/ii/i/j4 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
PH # 947177
PHH Mortgage Corporation f/k/a PHH Mortgage Services : COURT OF COMMON PLEAS
Plaintiff : CIVIL DIVISION
vs. : NO.: 14 -3689 -CIVIL
Chris E. Etter -ra
Defendant(s) : CUMBERLANI�`ou
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY o
TO: Chris E. Etter y%
337 Grange Hill Road
Fishertown, PA 15539-9809
**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 106 Middle Spring Avenue, Shippensburg, PA 17257-8136 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 $43,316.13 obtained by PHH Mortgage Corporation
f/k/a PHH Mortgage Services (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
1
SHORT DESCRIPTION
By virtue of a Writ of Execution No. 14 -3689 -CIVIL
PHH Mortgage Corporation f/k/a PHH Mortgage Services
v.
Chris E. Etter
owner(s) of property situate in SOUTHAMPTON TOWNSHIP, CUMBERLAND County,
Pennsylvania, being
106 Middle Spring Avenue, Shippensburg, PA 17257-8136
Parcel No. 39-29-2566-009
(Acreage or street address)
Improvements thereon: RESIDENTIAL DWELLING
Judgment Amount: $43,316.13
Attorneys for Plaintiff
Phelan Hallinan, LLP
LEGAL DESCRIPTION
ALL that certain tract of land with dwelling house erected thereon, situate in the Township of Southampton,
County of Cumberland, and Commonwealth of Pennsylvania, and located on the West side of the
Middlespring Road in the Village of Middlespring, CONTAINING Eighty (80) feet frontage on said Road
and extending in depth Two Hundred (200) feet, BOUNDED on the East by the Middlespring Road; on the
North by property formerly of C.E. Stouffer, now Ambrose Leedy; on the West by the Middlespring Creek
and land formerly of the Pennsylvania Edison Company, now Richard Shoop; and on the South by property
formerly of William Crawford now William Jones, et ux.
TITLE TO SAID PREMISES IS VESTED IN Chris E. Etter, by Deed from Chris E. Etter and
Rebecca S. Etter, dated 06/29/2004, recorded 08/20/2004 in Book 264, Page 3976.
PREMISES BEING: 106 Middle Spring Avenue, Shippensburg, PA 17257-8136
PARCEL NO. 39-29-2566-009
AFFIDAVIT OF SERVICE (FNMA)
CUMBERLAND COUNTY
PH # 947177
SERVICE TEAM/ Ixh
COURT NO.: 14 -3689 -CIVIL
PLAINTIFF
PHH MORTGAGE CORPORATION F/K/A PHH MORTGAGE
SERVICES
DEFENDANT
CHRIS E. ETTER
SERVE CHRIS E. ETTER AT:
337 GRANGE HILL ROAD
FISHERTOWN, PA 15539-9809
TYPE OF ACTION
XX Notice of Sheriff's Sale
SALE DATE: December 3, 2014
SERVED
Served and made known to CHRIS E. ETTER, Defendant on the /day of • , 20 L. at
R.130, o'clock p. M., at 33 7 GrQ7- ,in the manner de cribed below:
Defendant personally served. /I.e,-/-ot.v fiet.
XAdult family member with whom Defendant(s) reside(s).
Relationship is5:inio et qv Ritt,er , ,4pri'/
Adult in charge of Defendant's reqidence 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 6'f Height CY' Weight /30 Race Or Sex F Other
I, ahcaitY- SI i;.5 , a competent adult, hereby verify that I personally handed a true and correct copy of the
l_
Notice of Sheriff' Sale 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: cMcI
NAME:
PRINTED NAME4orf?). /7/
TITLE: / re)(p, SS"' R 119
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
C;)
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
OOF� 'Mt PROTHONO T T 'E"
2014 OCT 13 AM 10: 514.
CUMB NN YLVAN COUNTY
Attorney For Plaintiff
PHM MORTGAGE CORPORATION
F/K/A PHM MORTGAGE SERVICES
Plaintiff
r
v.
CHRIS E. ETTER
Defendant(s)
Court of Common Pleas
Civil Division
CUMBERLAND County
No. 14 -3689 -CIVIL
SUGGESTION OF RECORD CHANGE
RE: PROPERTY ADDRESS IN DOCKET
TO THE PROTHONOTARY:
Property Address was erroneously listed on the docket as:
106 MIDDLE SPRING AVENUE, SHIPPENSBURG, PA 17257
The correct Property Address is:
106 MIDDLE SPRING ROAD, SHIPPENSBURG, PA 17257
Kindly change the information on the docket.
Date: (0/7e /(cr
PH # 947177
PHELAN HALLINAN, LLP
ael/?/`2_
By:
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
Attorney For Plaintiff
PIM MORTGAGE CORPORATION
F/KJA PIM MORTGAGE SERVICES
Plaintiff
V.
CHRIS E. ETTER
Defendant(s)
Court of Common Pleas
Civil Division
CUMBERLAND County
No, 14 -3689 -CIVIL
CERTIFICATION OF SERVICE
I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by
regular mail to the person(s) on the date listed below:
CHRIS E. ETTER
337 GRANGE HILL ROAD
FISHERTOWN, PA 15539-9809
Date: M1/0 /tic
PHELAN HALLINAN, LLP
By:
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
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
' 'Aitorney for Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
PHH MORTGAGE CORPORATION F/K/A PHH CUMBERLAND COUNTY
MORTGAGE SERVICES
Plaintiff, COURT OF COMMON PLEAS
v. CIVIL DIVISION
CHRIS E. ETTER
Defendant(s)
. No.: 14 -3689 -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: (/ /?(//r
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.
Adam H. Davis, Esq., Id. No.203034
Attorney for Plaintiff
PH # 947177
PHH Mortgage Corporation f/k/a PHH Mortgage Services COURT OF COMMON PLEAS
Plaintiff
CIVIL DIVISION
v.
NO.: 14 -3689 -CIVIL
Chris E. Etter
Defendant(s) ,
CUMBERLAND COUNTY
AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1
PHH Mortgage Corporation f/k/a PHH Mortgage Services, 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 106
Middle Spring Road, Shippensburg, PA 17257-8136.
1. Name and address of Owner(s) or reputed Owner(s):
Name Address (if address cannot be reasonably ascertained,
please so indicate)
Chris E. Etter 337 Grange Hill Road, Fishertown, PA 15539-9809
2. Name and address of Defendant(s) in the judgment:
Name
Chris E. Etter
Address (if address cannot be reasonably
ascertained, please so indicate)
337 Grange Hill Road
Fishertown, PA 15539-9809
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)
Allfirst Bank 25 South Charles Street
Baltimore, MD 21201
Allfirst Bank P.O. Box 17292
Baltimore, MD 21203
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 # 947177
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
Commonwealth of Pennsylvania Bureau of
Individual Taxes Inheritance Tax Division
Department of Public Welfare, TPL Casualty
Unit, Estate Recovery Program
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
106 Middle Spring Road
Shippensburg, PA 17257-8136
6th Floor, Strawberry Sq.
Dept 280601
Harrisburg, PA 17128
P.O. Box 8486
Willow Oak Building
Harrisburg, PA 17105
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 # 947177
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
am+
Article Number
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
AZK/KAZ -12/03/2014 SALE
Name of Addressee, Street, and Post Office Address
Al!first Bank
P.O. BOX 17292
BALTIMORE, MD 21203
RE: CHRIS E. ETTER (CUMBERLAND) PH # 947177/1026
Total Number of
Pieces Listed by Sender
Form 3877 Facsimile
PH # 947177
Total Num ber of Pieces
Received at Post Office
Page 1 of l 45 Day
Postage
50.48
$0.48
Postmaster, Per (Name of
Receiving Employee)
The full declaration of value is required on all domestic and intonational registered mail. The n
for the reconstruction of nonnegotiable documents under Express Mail document reconstruction
piece subject to a limit of $500,000 per occurrence. The maximum indemnity payable an Exprc
The maximum indemnity payable is 525,000 for registered mail, set with optional insurance. 5
R900 5913 and 5921 for limitations of coverage.
Name and
Address
Of Sender
Phelan Hallinan, LLP
114 1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
o �*
CD Q
c,
0 M
0 ill
(31
ao
0
0
0
Line
Article Number
Name of Addressee, Street, and Post Office Address y -_�-, r-
Postage
1
****
TENANT/OCCUPANT
106 MIDDLE SPRING AVENUE
$0.477
t t t g
SHIPPENSBURG, PA 17257-8136
- Q'
2
****
Allfirst Bank
25 South Charles Street
Baltimore, MD 21201
$0.47
...-41 n..ii
D
r r
ti '
3
****
Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division
$0.47
.w -'t rrl.
6th Floor, Strawberry Sq.
'� 35 r
Dept 280601.
Harrisburg, PA 17128
�fi.
4
****
Department of Public Welfare, TPL Casualty Unit, Estate Recovery Program
$0,47
P.O.Box 8486
Willow Oak Building
�.
/ * `" w
Harrisburg, PA 17105
1.-
5
****
Domestic Relations of
Cumberland County,
$0.47 `1 ^
a 11
i....
13 North Hanover Street
b1
?-t
Carlisle, PA 17013
't ',.,,,
6
****
Commonwealth of Pennsylvania
$0.47
_'
Department of Welfare
P.O. Box 2675
Harrisburg, PA 17105
7
****
Internal Revenue Service Advisory
$0.47
1000 Liberty Avenue Room 704
Pittsburgh, PA 15222
8
****
U.S. Department of Justice
$0.47
U.S. Attorney for The Middle District of PA
Federal Building
228 Walnut Street, Suite 220
PO Box 11754
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,Harrisburg, PA 17108-1754
' RE: CHRIS E. E'I'1'ER (CUMBERLAND) PH # 947177/1021 Page 1 of 1 Writ Team
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OF I:1C[GiOI.0 A: i
Phelan Hallinan, LLP
rill TEC _ 11;110, 08
Justin F. Kobeski, Esq., Id. No.200392 ATTORNEY FOR PLAINTIFF
1617 JFK Boulevard, Suite 1400 C U B E ii L /. i 3 C o u ;; r Y
One Penn Center Plaza PENNSYLVANIA
Philadelphia, PA 19103
justin.kobeski@phelanhallinan.com
215-563-7000
PHH MORTGAGE CORPORATION F/K/A PHH Court of Common Pleas
MORTGAGE SERVICES
Plaintiff Civil Division
v. CUMBERLAND County
CHRIS E. ETTER No.: 14 -3689 -CIVIL
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 June 20, 2014.
2. Judgment was entered on September 5, 2014 in the amount of $43,316.13. 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.
947177
1
5. Additional sums have been incurred or expended on Defendant's behalf since the
Complaint was filed and Defendant has been given credit for any payments that have been made
since the judgment. The amount of damages should now read as follows:
Principal Balance
Interest Through November 11, 2014
Late Charges
Legal fees
Cost of Suit and Title
Escrow Deficit
$39,839.17
$1,081.33
$42.72
$2,600.00
$880.60
$4,273.77
TOTAL $48,717.59
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 December 3, 2014 and
requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant.
A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) is attached hereto,
made part hereof, and marked as Exhibit "B".
10. No judge has previously entered a ruling in this case.
947177
2
WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the
judgment as requested.
DATE:
By:
Phelan Hallinan, LLP
Justin F. K>O ski, Esq re
ATTO' ►J' FOR P. AINTIFF
3
947177
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 F/K/A PHH
MORTGAGE SERVICES
Plaintiff
v.
CHRIS E. ETTER
Defendant
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Civil Division
CUMBERLAND County
No.: 14 -3689 -CIVIL
MEMORANDUM OF LAW IN SUPPORT OF
PLAINTIFF'S MOTION TO REASSESS DAMAGES
I. BACKGROUND OF CASE
CHRIS E. ETTER 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
106 MIDDLE SPRING ROAD, SHIPPENSBURG, PA 17257-8136. 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.
947177
Because of the excessive period of time between the initiation of the mortgage foreclosure
action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are
outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums,
costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage
in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments
tendered through bankruptcy, if any.
II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT
It is settled law in Pennsylvania that the Court may exercise its equitable powers to control
the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E.,
Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase
Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The
Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its
judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489
(Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998).
Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991).
The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445
Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact,
can be expected to change from day to day because the bank must advance sums in order to protect
its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must
protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d
826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the
judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality
947177
2
Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale
without the requested amended judgment, and if there is competitive bidding for the Property,
Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to
protect its interests. Conversely, amending the in ren 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
947177
3
Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania
Rule of Civil Procedure 1141(a).
However, Pennsylvania law requires that the foreclosure action demand judgment for the
amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for
bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the
mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would
receive the amount of the in rem judgment from the Sheriff.
IV. INTEREST
The Mortgage clearly requires that the Defendant shall promptly pay when due the principal
and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be
charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior
to the date of default through the date of the impending Sheriffs sale has been requested.
V. TAXES AND INSURANCE
If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure
proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale,
Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the
outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be
able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums.
Most importantly, the Mortgage specifically provides that the mortgagee may advance the
monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is
simply seeking to have the Court enforce the terms of the Mortgage.
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4
VI. ATTORNEY'S FEES
The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done
throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91
letters, loan documents, account records, title reports and supporting documents, preparing and
reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1
Notice, Department of Defense search, entry of judgment, the writ of execution process, lien
holder notices, and all of the other legal work that goes into handling the mortgage foreclosure
lawsuit.
The Mortgage specifically provides for Plaintiff s recovery of its attorney fees. The
amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the
loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded
that a request of five percent of the outstanding principal balance is reasonable and enforceable as
an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan
Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974).
In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee
of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super.
1979). The Superior Court cited Fetner in confirming that an attomey's fee of ten percent included
in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton
Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are
significantly less than what is permitted by Pennsylvania law.
947177
5
VII. COST OF SUIT AND TITLE
Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in
the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff
paid to date as a result of the mortgage default.
The title report is necessary to determine the record owners of the property, as Pa.R.C.P.
1144 requires all record owners to be named as Defendants in the foreclosure action. It is also
necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale
purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens
on the property, whether the Defendants are divorced (which could affect service of the
complaint), and numerous other legal issues. The title bringdown is necessary to identify any
new liens on the property or new owners between the time of filing and complaint and the writ
date.
The Freedom of Information Act inquiries and the investigation into Defendants'
whereabouts are necessary to effectively attempt personal service of the complaint and notice of
sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1
and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriffs sale date, as
their interests will be divested by the Sheriff's sale.
Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were
necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred.
The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its
foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from
the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of
suit and title in their entirety, which will not cause harm to the Defendants.
947177
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
947177
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 AZ1 6 b Z/
By:
Phelan Hallinan, LLP
Justin F.
Atto
8
eski, Esquire
for Plaintiff
947177
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
PHIL MORTGAGE CORPORATION CUMBERLAND COUNTY
F/K/A PHH MORTGAGE SERVICES
vs.
COURT OF COMMON PLEAS
CIVIL DIVISION c
CHRIS E. ETTER m W
No. 14 -3689 -CIVIL z r"
. c„r-
... V
<d
3> C-)
PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO zc
ANSWER AND ASSESSMENT OF DAMAGES D' x
TO THE PROTHONOTARY:
77
0
Kindly enter judgment in favor of the Plaintiff and against CHRIS E. ETTER,
Defendant(s) for failure to file an Answer to Plaintiff's Con4141jlwithin 20 days from service
thereof and for foreclosure and sale of the mortgaged premises ,as;$,ess�ip
ppmages as
follows: -'r `l tQN
As set forth bi Complaint $43,316.13
TOTAL
$43,316.13
I hereby certify that (1) the Defendant's last kno 'hiaddresses are 337 GRANGE HILL
ROAD, FISHERTOWN, PA 15539-9809 and 106 MIDDLE SPRING AVtNUE,
SHIPPENSBURG, PA 17257-8136, and (2) that notice has been given in accordance with Rule
Pa.R.C.P 237.1.
Date 7/47C 4 ir
• Adam H. D,ay $aq., Id. No:203034
" Attgrney forj'1 'nti•
ff
DAMAGES ARE HEREBY ASSESSED AS INDICATED.
DATE:
PH # 947177
PROTHONOTARY
947177
Phelan Hallinan, LLP
November:
2014
PHELAN HALLINAN, LLP
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103
(215) 563-7000
FAX#: (215) 563-3459
CHRIS E. ETTER
337 GRANGE HILL ROAD
FISHERTOWN, PA 15539-9809
Representing Lenders in
Pennsylvania
RE: PHH MORTGAGE CORPORATION F/K/A PHH MORTGAGE SERVICES v. CHRIS E.
ETTER
Premises Address: 106 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257
CUMBERLAND County CCP, No. 14 -3689 -CIVIL
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 11/29/2014.
Should you ;lla'.e. +r questions or concerns, please do not hesitate to contact me.
Otherwise, please be uic3+ accordingly,:
4._, Id. No.200392
947177
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
ATTORNEY FOR PLAINTIFF
PHH MORTGAGE CORPORATION F/K/A PHH Court of Common Pleas
MORTGAGE SERVICES
Plaintiff Civil Division
v. CUMBERLAND County
CHRIS E. ETTER No.: 14 -3689 -CIVIL
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.
CHRIS E. ETTER
337 GRANGE HILL ROAD
FISHERTOWN, PA 15539-9809
DATE:
By:
CHRIS E. ETTER
106 MIDDLE SPRING ROAD
SHIPPENSBURG, PA 17257-8136
Phelan LLP
Justin F.
ATTO
squire
PLAINTIFF
947177
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
PHH MORTGAGE CORPORATION F/K/A PHH Court of Common Pleas
MORTGAGE SERVICES
Plaintiff Civil Division
v. CUMBERLAND County
CHRIS E. ETTER No.: 14 -3689 -CIVIL
Defendant
RULE
AND NOW, this /Sr` day of poc,,.Av- 2014, a Rule is entered upon the Defendant
to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess
Damages.
Defendant shall have twenty (20) days from the date of this Order to file a response to
Plaintiff s Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a
Motion to Make Rule Absolute and no hearing will be scheduled on this matter.
BY T COURT
e:::4
J.
I
2)
)r;;
4
947177
ustin F. Kobeski, Esq., Id. No.200392
Phelan Hallinan, LLP
1617 JFK Boulevard, Suite 1400
Philadelphia, PA 19103
TEL: (215) 563-7000
FAX: (215) 563-3459
-IRIS E. ETTER
337 GRANGE HILL ROAD
FISHERTOWN, PA 15539-9809
hadfige(
-IRIS E. ETTER
106 MIDDLE SPRING ROAD
SHIPPENSBURG, PA 17257-8136
947177
947177