Loading...
HomeMy WebLinkAbout14-4513 Supreme Court of Pennsylvania Courf©f Comma Pleas For Prothonotary Use Only: C�ivil Cover et CUMBERLAND` 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 by 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: LAURA J. HEDRICK T CORPORATION I Are money damages requested? El Yes 9 No Dollar Amount Requested: Elwithin arbitration limits O (Check one) ❑x outside arbitration limits N Is this a Class Action Suit? ❑ Yes 0 No Is this an MDJ Appeal? ❑ Yes ❑x No A Name of Plaintiff/Appellant's Attorney: Meredith Wooters, Esq., Id.No.307207,Phelan Hallinan,LLP ❑ Clieck 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 Sinclude mass tort) ❑Employment Dispute: ❑ Slander/Libel/Defamation Discrimination E ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board C ❑ Other: T I MASS TORT ❑ Other: O ❑Asbestos N ❑ Tobacco ❑ Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑Ejectment ❑ Common Law/Statutory Arbitration $ ❑ Other: ❑Eminent Domain/Condemnation ❑ Declaratory Judgment 0 Ground Rent ❑ Mandamus ❑Landlord/Tenant Dispute ❑Non-Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY El Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑Partition ❑ Replevin ❑Legal ❑ Quiet Title ❑ Other: El Other: El Medical ❑ Other Professional: Pa.R.CP. 205.5 Updated 01/01/2011 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#: 948617 4 31 cUp��RC 's PHELAN HALLINAN,LLP Meredith Wooters,Esq.,Id.No.307207 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia,PA 19103 Meredith.Wooters@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 LAURA J.HEDRICK NO. ' 1184 CENTERVILLE ROAD NEWVILLE,PA 17241-8912 CUMBERLAND COUNTY Defendant CIVIL ACTION-LAW COMPLAINT IN MORTGAGE FORECLOSURE c File#: 948617 CIL 'q " 2q a 3a 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: LAURA J.HEDRICK 1184 CENTERVILLE ROAD NEWVILLE,PA 17241-8912 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/04/2012 LAURA J. HEDRICK made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR ERA HOME LOANS,which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Instrument No. 201220248. By Assignment of Mortgage recorded 04/17/2014 the mortgage was assigned to PLAINTIFF,which Assignment is recorded in Assignment of Mortgage Instrument No. 201407768.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 File#: 948617 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 06/05/2014: Principal Balance $49,777.14 Interest $938.49 12/01/2013 through 06/05/2014 Late Charges $78.08 Subtotal $50,793.71 Escrow Credit $737.60 TOTAL $50,056.11 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#: 948617 WHEREFORE,Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $50,056.11, 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: NWA —4 Mv Meredith Wooters, Esq., Id. No.307207 Attorney for Plaintiff File#: 948617 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT of land situate in the Township of Penn, County of Cumberland and State of Pennsylvania bounded and described as follows, to wit: On the North by a private road adjoining lands now or formerly of Grace McGonegal; on the East by land now or formerly of Clarence Rhoads, on the South by lands now or formerly of Carrie Rockey, and on the East by lands now or formerly of the Baldwin Hunt Club; containing one and one-half(1 1/2) acres,more or less. Under and subject to all restrictions, covenants, conditions,reservations, easements and right-of- ways of record. BEING KNOWN AS 1184 Centerville Road,Newville, Pennsylvania. BEING THE SAME premises which Carl R. Pierce, a/k/a Carl R. Pierce, Sr., single man and J. Annetta Pierce, single woman by his deed dated July 21, 2008 and recorded on July 29,2008 in the Office of the recorder of Deeds in and for Cumberland County, Pennsylvania, in Instrument No. 200825711 granted and conveyed unto Laura J. Hedrick,Mortgagor herein. PROPERTY ADDRESS: 1184 CENTERVILLE ROAD, NEWVILLE,PA 17241-8912 PARCEL#31-32-2310-014. File#: 948617 R a VERIFICATION Michael Bitterman , hereby states that he/she is Assistant vice President of PHH MORTGAGE CORPORATION, Plaintiff in this matter, that he/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: a y iY 7 Name: Michael 8itterman Title: Assistant Vice President PHH MORTGAGE CORPORATION File#: 948617 Name: HEDRICK File#: 948617 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY f1LEO-Ol"FIC�-. F THE PROTHONOTARY 2Ol4AUG 15 A1.9:37 CUMBERLAND COUNTY PENNSYLVANIA �tinta of Cumber', OFFICE OF THE SHERIFF PHH Mortgage Corporation vs. Laura J Hedrick Case Number 2014-4513 SHERIFF'S RETURN OF SERVICE 08/04/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Laura J Hedrick, 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 1184 Centerville Road, Penn Township, Newville, PA 17241. Residence is vacant and per the Carlisle Postmaster the defendant moved and left a forwarding address of 436 E. Main Street, Lot 2, Searsport, ME 04979. SHERIFF COST: $41.56 SO ANSWERS, August 12, 2014 RONY R ANDERSON, SHERIFF (c) CountvSuit2 Sheriff, Teleosoft, Inc. AFFIDAVIT OF SERVICE (FNMA) Please effectuate Service attempts by 08/30/2014 on Philadelphia Addresses or 09/14/2014 on Out of State Addresses PLAINTIFF CUMBERLAND COUNTY PHI -I MORTGAGE CORPORATION DEFENDANT LAURA J. HEDRICK SERVE LAURA J. HEDRICK AT: 436 EAST MAIN STREET LOT 2 SEARSPORT, ME 04974 PH # 948617 SERVICE TEAM/ mig COURT NO.: 14-4513 CIVIL TYPE OF ACTION XX Mortgage Foreclosure XX Civil Action SERVED Served and made knownto LAURA L-/ 3 to J.eEDRICK, Defendant on the) day of ,o, 20 / 5 , o'clock P. M., at • 141) s , inthe manner described below: Defendant personally served. .3 e c„,s pot*, r'7')41 Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age W' 5 Height 6-1.fr Weight 1 7o Race C.- Sex F Other Creel /lc.> 1, i'' alai Li/ ./1 -It , , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Foreclosure Complaint in the manner as set forth herein, issued in the captioned . ... case on the date and at the address indicated above. Sworn to and subscribed before me this 5- day of .5 c , 20 jjr't Notary:Z ceue-B y: DEBORAH MCCLURE Mutat,/ Public•Miline My ConveistiOn Expires octobor 16, 2020 • NOT SERVED On the day of , 20 , at o'clock . M., I, DefendETOT FOUND because: Vacant Does Not Exist ___ Moved No Answer on Service Refused Other: Sworn to and subscribed before me this day of , 20_. Notary: By: at at ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. , a competent adult hereby state that Does Not Reside (Not Vacant) 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Mario J. Hanyon, Esq., Id. No. 203993 Matthew G. Brushwood, Esq., Id. No. 310592 Justin F. Kobeski, Esq., Id. No, 200392 Adam Davis, Esq., Id. No. 203034 Joseph E. DeBarberie, Esq., Id. No, 315421 Michael Dingerdissen, Esq., Id. No. 3)7124 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 PHH Mortgage Corporation Plaintiff v. Laura J. Hedrick Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due COURT OF COMMON PLEAS . CIVIL DIVISION : NO.: 14-4513 CIVIL : CUMBERLAND COUNTY $50,056.11 Interest from 10/11/2014 to Date of Sale $1,193.35 ($8.23 per diem) TOTAL $51,249.46 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff Note: Please attach description of property. PH # 948617 oaS. so ?44- 4,'1. 5L eas'/ l3. //3. 'Y5 " •, /. S0 1/(37.e.)c). 31 al 4-2.42.6' 06 sv e_1(.4 j,4 312.1Y2N. • N —4 =, 0 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT of land situate in the Township of Penn, County of Cumberland and State of Pennsylvania bounded and described as follows, to wit: On the North by a private road adjoining lands now or formerly of Grace McGonegal; on the East by land now or formerly of Clarence Rhoads, on the South by lands now or formerly of Carrie Rockey, and on the East by lands now or formerly of the Baldwin Hunt Club; containing one and one-half (1 1/2) acres, more or less. Under and subject to all restrictions, covenants, conditions, reservations, easements and right-of- ways of record. TITLE TO SAID PREMISES IS VESTED IN Laura J. Hedrick, married woman, by Deed from Carl R. Pierce, aka Carl R. Pierce, Sr. single man and J. Annetta Pierce, single woman, dated 07/21/2008, recorded 07/29/2008 in Instrument Number 200825711. PREMISES BEING: 1184 Centerville Road, Newville, PA 17241-8912 PARCEL NO. 31-32-2310-014. 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. Laura J. Hedrick Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION NO.: 14-4513 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 -02 r- <=, 3>c) Z.ca y, c -- 4 na r C=) --1 PHH Mortgage Corporation Plaintiff v. COURT OF COMMON PLEAS CIVIL DIVISION NO.: 14-4513 CIVIL Laura J. Hedrick Defendant(s) 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 1184 Centerville Road, Newville, PA 17241-8912. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) e-1 Laura J. Hedrick 436 East Main Street Lot 2 '13 rrl Searsport, ME 04974 Z c" tn� —'C 2. Name and address of Defendant(s) in the judgment: t" Name Address (if address cannot be reasonably <C.) ascertained, please so indicate) Z O DC Laura J. Hedrick 436 East Main Street Lot 2 --4 Searsport, ME 04974 r-. 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. PH # 948617 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant 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 Address (if address cannot be reasonably ascertained, please indicate) 1184 Centerville Road Newville, PA 17241-8912 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: iDi71`` PH # 948617 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 PHH Mortgage Corporation Laura J. Hedrick vs. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION : NO.: 14-4513 CIVIL Defendant(s) : CUMBERLAND County NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Laura J. Hedrick 436 East Main Street Lot 2 Searsport, ME 04974 **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 1184 Centerville Road, Newville, PA 17241-8912 is scheduled to be sold at the Sheriff's Sale on 03/04/2015 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $50,056.11 obtained by PHH Mortgage Corporation (the mortgagee) against you. In the event the sale is continued, an announcement will be made at saigl-Naler.i.m C:D compliance with Pa.R.C.P. Rule 3129.3. -03 rrico NOTICE OF OWNER'S RIGHTS c„n YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE .< > C-3 cp To prevent this Sheriff's Sale, you must take immediate action: 9 1. The sale will be canceled if you pay to the mortgagee the back payments, late chargeg;<cosfs-ancP reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. c-) 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. 14-4513 CIVIL PHH Mortgage Corporation v. Laura J. Hedrick owner(s) of property situate in PENN TOWNSHIP, CUMBERLAND County, Pennsylvania, being 1184 Centerville Road, Newville, PA 17241-8912 Parcel No. 31-32-2310-014. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $50,056.11 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN TRACT of land situate in the Township of Penn, County of Cumberland and State of Pennsylvania hounded and described as follows, to wit: On the North by a private road adjoining lands now or formerly of Grace McGonegal; on the East by land now or formerly of Clarence Rhoads, on the South by lands now or formerly of Carrie Rockey, and on the East by lands now or formerly of the Baldwin Hunt Club; containing one and one-half (1 1/2) acres, more or less. Under and subject to all restrictions, covenants, conditions, reservations, easements and right-of- ways of record. TITLE TO SAID PREMISES IS VESTED IN Laura J. Hedrick, married woman, by Deed from Carl R. Pierce, aka Carl R. Pierce, Sr. single man and J. Annetta Pierce, single woman, dated 07/21/2008, recorded 07/29/2008 in Instrument Number 200825711. PREMISES BEING: 1184 Centerville Road, Newville, PA 17241-8912 PARCEL NO. 31-32-2310-014. 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. LAURA J. HEDRICK WRIT OF EXECUTION NO 14-4513 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: $50,056.11 L.L.: $.50 Interest FROM 10/11/2014 TO DATE OF SALE ($8.23 PER DIEM) - $1,193.35 Atty's Comm: Atty Paid: $200.31 Plaintiff Paid: Date: OCTOBER 10, 2014 (Seal) Due Prothy: $2.25 Other Costs: David D. Buell, Prothonota Deputy REQUESTING PARTY: Name: ADAM H. DAVIS, ESQ. 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 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 vs. COURT OF COMMON PLEAS c -v3 LAURA J. HEDRICK : CIVIL DIVISION z� (Ara- : No. 14-4513 CIVIL -<I' r- c) eco 37,E PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO `4 ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: :01 HV 0 I i00 h 1 01 Kindly enter judgment in favor of the Plaintiff and against LAURA J. HEDRICK, 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 $50,056.11 TOTAL $50,056.11 I hereby certify that (1) the Defendant's last known addresses are 436 EAST MAIN STREET LOT 2, SEARSPORT, ME 04974 and 1184 CENTERVILLE ROAD, NEWVILLE, PA 17241-8912, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date /c7//'4.eZ'L)4,49 Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PH # 948617 1/LSO ?cL/g-L-t c4( /4/1.34&3 PROTHONOTARY 948617 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 : COURT OF COMMON PLEAS vs. : CIVIL DIVISION LAURA J. HEDRICK : No. 14-4513 CIVIL 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) LAURA J. HEDRICK 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 LAURA J. HEDRICK is over 18 years of age and resides at 436 EAST MAIN STREET LOT 2, SEARSPORT, ME 04974 and 1184 CENTERVILLE ROAD, NEWVILLE, PA 17241-8912. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date i Y ` "t 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 948617 Department of Defense Manpower Data Center Status Report Pursuant to Servicememl ers Civil Relief Act Last Name: HEDRICK First Name: LAURA Middle Name: J Active Duty Status As Of: Oct -09-2014 Results as of : Oct -09.2014 12:12:44 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 No NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No - NA . This response reflects where the individual left active duty s atus within'367 days preceding the Active 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 Start Date Order Notification End Date Status Service Component NA NA _ No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center, based onthe information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. yA- Mary M. Snavely -Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 (Rule of Civil Procedure No. 236) - Revised PHH MORTGAGE CORPORATION : CUMBERLAND COUNTY vs. : COURT OF COMMON PLEAS LAURA J. HEDRICK against you on : CIVIL DIVISION : No. 14-4513 CIVIL Notice is given that a Judgment in the above captioned matter has been entered 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 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. ** 948617 PHH MORTGAGE CORPORATION Plaint II LAURA J. HEDRICK Defendant(s) TO: LAURA J. HEDRICK 436 EAST MAIN STREET LOT 2 SEARSPORT, ME 04974 DATE OF NOTICE: ./ COURT OF COMMON PLEAS C'IVII.. DIVISION NO. 14-4513 CIVIL CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN. ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE I.N 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 # 948617 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 i .enyya :I344es, Esq., Id. No.203664 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 P1 -1H MORTGAGE CORPORATION COURT OF COMMON PLEAS Plointiff LAURA 1. HEDRICK NO. 14-4513 CIVIL Defendant(s) TO: LAURA J. HEDRICK 1184 CENTERVILLE ROAD NEWVILLE, PA .17241-8912 DATE OF NOTICE: CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, ANL) 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 Sur 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 I Courthouse Square Carlisle, PA 17013 (717) 240-6195 PH # 948617 By: CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 Kenya .13 es, Esq., Id. No.203664 Attorney for Plaintiff Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY PHH MORTGAGE CORPORATION DEFENDANT PH # 948617 SERVICE TEAM/ lxh LAURA J. HEDRICK COURT NO.: 14-4513 CIVIL SERVE LAURA J. HEDRICK AT: 436 EAST MAIN STREET LOT 2 SEARSPORT, ME 04974 TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: March 4, 2015 SERVED Served and made known to LAURA J. HEDRICK, Defend t on the ai3 day of ()CA . , 20 1 Y at • 61'10 o'clock. M., at L%% t, 04:n S4 SeQ/Jab1 14),4n the manner described below: efendant personally served. _ Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. _ Other: !� Description: Age (f Height ' % << Weight / "S Race C_ Sex Other 1/ /once '4c bv- I, bry„iJC (- /Ile 1tC , a competent adult, being duly sworn according to law, depose and state that I personally handed a true dnd correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and sucribed before me this i0 day of 0 ,20L fYc u,4.C_ Notary: By: On the dayof 20 , at o'clock _. M., I, , a competent adult hereby state thatseFendant NOT FOUND because: _ Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) No Answer on at at b,tadeay w.lti� NOT SERVED Mea DEBO ;fr •p:'� NotaryRPu{bl Public -Maine nn• Commission Expires uctober 16. 2020 Service Refused Other: Sworn to and subscribed before me this day of , 20_. By: Not 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 i PHH MORTGAGE CORPORATION Plaintiff _ATTORNEY FOR PLAINTIFF q i Court of Common Pleas Civil Division v. LAURA J. HEDRICK 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. CUMBERLAND County No.: 14-4513 CIVIL Plaintiff commenced this foreclosure action by filing a Complaint on July 31, 2014. 2. Judgment was entered on October 10, 2014 in the amount of $50,056.11. 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 Sheriff's Sale on March 4, 2015. 948617 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 December 15, 2014 Late Charges Legal fees Cost of Suit and Title Escrow Deficit $49,777.14 $1,907.17 $78.08 $2,600.00 $755.31 $2,059.74 TOTAL $57,177.44 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 Plaintiffs 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 30, 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. 948617 2 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: ,'S /IS By: Phelan Hallinan, LLP Jthan Lobb, Esquire TTORNEY FOR PLAINTIFF 3 948617 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. LAURA J. HEDRICK Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 14-4513 CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE LAURA J. HEDRICK 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 1184 CENTERVILLE ROAD, NEWVILLE, PA 17241-8912. 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 948617 1 outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, 948617 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). 948617 3 However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 948617 4 VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiffs legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 948617 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. 948617 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 948617 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: fic By: Phelan Hallinan, LLP J d"e han Lobb, Esquire Attorney for Plaintiff 8 948617 Exhibit "A" PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 Onc Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000' PHH MORTGAGE CORPORATION vs. LAURA J.. :HEDRICK Attorney for Plaintiff : CUMBERLAND COUNTY COURT OF COMMON PLEAS c 3 CIVIL DIVISION z tor -'D -<z =CI -, No. 14-4513 CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: ` 0114V 01 1301110Z Kindly enter judgment in favor of the Plaintiff and against LAURA J. HEDRICK, 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 $50,056.11 TOTAL $50,056.11 I hereby certify that (1) the Defendant's last known addresses are 436 EAST MAIN STREET LOT 2, SEARSPORT, ME 04974 and 1184 CENTERVILLE ROAD, NEWVILLE, PA 17241-8912, and (2) that notice has been given in accordance with Rule. Pa.R.CC..P 237.1. Date Adam H. Davis, Esq., Id. No.203034. Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 1, PH 1#948617 C6C� /yLa �3 J 3 / ./�� 1 Li/ PROTHONOTARY 948617 Exhibit "B" PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania December 24, 2014 LAURA J. HEDRICK 436 EAST MAIN STREET LOT 2 SEARSPORT, ME 04974 RE: PHH MORTGAGE CORPORATION v. LAURA J. HEDRICK Premises Address: 1184 CENTERVILLE ROAD NEWVILLE, PA 17241 CUMBERLAND County CCP, No. 14-4513 CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by p/2014. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly y,ur$,: J rnatlaa Lobb, Esq-.. id Nowa12174 Attorney for Plaintiff Enclosure 948617 Phelan Hallinan, LLP Jonathan Lobb, Esq., Id. No.312174 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Jonathan.Lobb@phelanhallinan.com 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division v. LAURA J. HEDRICK 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. LAURA J. HEDRICK 436 EAST MAIN STREET LOT 2 SEARSPORT, ME 04974 DATE: /Sbc-* By: CUMBERLAND County No.: 14-4513 CIVIL LAURA J. HEDRICK 1184 CENTERVILLE ROAD NEWVILLE, PA 17241-8912 Phelan Hallinan, LLP Jon an Lobb, Esquire ATTORNEY FOR PLAINTIFF 948617 X. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PHH MORTGAGE CORPORATION Plaintiff v. LAURA J. HEDRICK Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 14-4513 CIVIL RULE 55 AND NOW, this /Z day of 201;! 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 THE COURT L T 7— (Th 948617 onathan Lobb, Esq., Id. No.312174 Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 LAURA J. HEDRICK 436 EAST MAIN STREET LOT 2 SEARSPORT, ME 04974 /7/2.1.4 Avis LURA J. HEDRICK 1184 CENTERVILLE ROAD NEWVILLE, PA 17241-8912 948617 948617