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HomeMy WebLinkAbout07-2508PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 149950 AURORA LOAN SERVICES, LLC 601 5TH AVENUE SCOTTSBLUFF, NE 69361 V. Plaintiff ESTATE OF JAMES WHITED JAMES C. WHITED, SR. ADMINISTRATOR AND ALL HEIRS AT LAW OF THE ESTATE OF JAMES WHITED 5 ARBUTUS LANE BINGHAMTON, NY 13901 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION ?iZ-'?1 NO. 01- a2S'DP Of U L' L TERM CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 149950 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 149950 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File #: 149950 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 149950 I . Plaintiff is AURORA LOAN SERVICES, LLC 601 5TH AVENUE SCOTTSBLUFF, NE 69361 2. The name(s) and last known address(es) of the Defendant(s) are: ESTATE OF JAMES WHITED JAMES C. WHITED, SR. ADMINISTRATOR AND ALL HEIRS AT LAW OF THE ESTATE OF JAMES WHITED 5 ARBUTUS LANE BINGHAMTON, NY 13901 who is the real owner(s) of the property hereinafter described. 3. On 04/06/2005 mortgagor(S) JAMES WHITED made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR FIRST NATIONAL BANK OF ARIZONA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1903, Page: 2496. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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. File #: 149950 5 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/0 1/2006 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. The following amounts are due on the mortgage: Principal Balance $102,253.99 Interest $4,042.71 10/01/2006 through 04/25/2007 (Per Diem $19.53) Attorney's Fees $1,250.00 Cumulative Late Charges $102.39 04/06/2005 to 04/25/2007 Cost of Suit and Title Search $750.00 Subtotal $108,399.09 Escrow Credit $0.00 Deficit $225.34 Subtotal $225.34 TOTAL $108,624.43 7 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File #: 149950 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, 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. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 11. This action does not come under Act 91 of 1983 because the mortgage premises is not owner-occupied. 12. Mortgagor JAMES WHITED died on 10/16/2006, and JAMES C. WHITED, SR. was appointed Administrator of his estate. Letters of Administration were granted to him on 12/11/2006 by the SURROGATE OF BROOME COUNTY, NEW YORK County, No. 2006-795. Decedent's surviving heir(s) at law and next-of-kin are JAMES C. WHITED, SR. & JOANNE N. WHITED. File #: 149950 13. By executed waiver, JOANNE N. WHITED waived her right to be named as a defendant in the foreclosure action. Said waiver is attached as Exhibit "A". 14. Plaintiff does not hold the named Defendant(s), JAMES C. WHITED, SR., personally liable on this cause of action and releases them from any personal liability. This action is being brought to foreclose their interest in the aforesaid real estate only. 15. Defendant(s), JAMES C. WHITED, SR. has been named in accordance with Pa R.C.P. 1144(a)(2), in order to divest the equitable interest(s) in the premises and has/have no personal liability for the debt secured by the mortgage. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $108,624.43, together with interest from 04/25/2007 at the rate of $19.53 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP 1s By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 149950 PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan Identification No. 62695 Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 AURORA LOAN SERVICES, LLC V. ESTATE OF JAMES WHITED, DECEASED Attorney for Plaintiff WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, JAMES C. WHITED, SR., Heir of the Estate of the Estate of JAMES WHITED, hereby waive my right to be named as a defendant in a foreclosure action to be instituted by AURORA LOAN SERVICES, LLC. involving a mortgage secured on premises 719 BOSLER AVENUE, LEMOYNE, PA 17043, which property was owned by decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of proceedings of Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. I understand that it is Plaintiff's intention to name me as a Defendant in the foreclosure action in my capacity as Administrator of the Estate, only. Date: Ja es C. Whited, Sr., Heir ,f the Estate of James Whited Not in my capacity as Administrator Of the Estate * This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. PHELAN HALLINAN & SCHMIEG, LLP By: Francis S. Hallinan Identification No. 62695 Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 AURORA LOAN SERVICES, LLC v. ESTATE OF JAMES WHITED, DECEASED Attorney for Plaintiff WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, JOANNE N. WHITED, Heir of the Estate of the Estate of JAMES WHITED, hereby waive my right to be named as a defendant in a foreclosure action to be instituted by AURORA LOAN SERVICES, LLC. involving a mortgage secured on premises 719 BOSLER AVENUE, LEMOYNE, PA 17043, which property was owned by decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of proceedings of Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. Date: Gt6anne N. Whited, Heir Of the Estate of James Whited * This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground with the buildings and improvements thereon erected, Situate in the Borough of Lemoyne, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof by Michael C. D'Angelo, Registered Surveyor, dated July 7, 1978 as follows: BEGINNING at a pin on the Northern side of Bosler Avenue (80 feet wide) which point is 145.00 feet West of 7th Street; thence extending along the North side of Bosler Avenue, South 58 degrees 30 minutes 00 second West, a distance of 29.17 feet to a pin at hub on the division line between premises herein and premises known as No 721 Bosler Avenue; thence extending along same, North 31 degrees 30 minutes 00 second West, a distance of 150.00 feet to a pin on the Southern side of Pear Alley (15 feet wide); thence extending along the Southern side of Pear Alley, North 58 degrees 30 minutes 00 second East, a distance of 29.17 feet to a pin found on the division line between premises herein and premises known as 701 Bosler Avenue; thence extending along same, South 31 degrees 30 minutes 00 seconds East, a distance of 150.00 feet to a pin on the Northern side of Bosler Avenue, the place of BEGINNING. HAVING THEREON ERECTED a two (2) story stucco dwelling known and numbered as No 719 Bosler Avenue, Lemoyne, Pennsylvania. BEING Parcel No 22-0824-0061-0000000-12. File #: 149950 BEING THE SAME PREMISES WHICH Gail L. Hancock and Patricia K. Hancock, husband and wife by deed dated November 25, 1992 and recorded November 30, 1992 in Deed A36 Page 14 did grant and convey unto John J. Post and Karen Destito. And the said Karen Destito is now by marriage known as Karen Post. File #: 149950 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, 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. ?/!ev FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: IC\ CZN I 6,111. - ?o C ? _.? rv t7 -Tj ' 1 PHELAN HALLINAN & SCHMIEG, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Attorney For Plaintiff AURORA LOAN SERVICES, LLC COURT OF COMMON PLEAS CIVIL DIVISION V. CUMBERLAND COUNTY ESTATE OF JAMES WHITED JAMES C. WHITED, SR., ADMINISTRATOR NO. 07-2508 AND ALL HEIRS AT LAW OF THE ESTATE OF JAMES WHITED STIPULATION FOR ENTRY OF IN REM JUDGMENT. ACCEPTANCE OF SERVICE OF COMPLAINT AND x WAIVER OF NOTICE OF SHERIFF'S SALE It is hereby`stipulated by and between Plaintiff, AURORA LOAN SERVICES, LLC, by and through its attorney, Francis S. Hallinan, Esquire, and the Defendant, JAMES C. WHITED, SR., ADMINISTRATOR OF THE ESTATE OF JAMES WHITED, that: 1. Defendant hereby accepts service of the Complaint filed in the within action on or A about May 1, 2007 2. Defendant hereby waives the 10 day default notice provision provided under Pa.R.C.P. 237. w • 3. Judgment in rem only is entered in favor of Plaintiff and against Defendant in the above-captioned matter; and damages are assessed as follows: Amount set forth in Complaint $1089624.43 together with interest from April 25, 2007 at the rate of $19.53 per diem to the date of judgment, and other costs and charges collectible under the mortgage and for foreclosure and sale of the mortgaged property. It is specifically understood by the parties that the Defendant has no personal liability for the debt secured by the mortgage, and is consenting to the within Foreclosure action to divest her interest in the subject mortgaged premises. 4. Defendant hereby consents to the legal action herein without any further notice of institution of legal proceedings or sheriff's sale. 5. Specifically, Defendant waives the right to personal service of the notice of sale and agrees that Plaintiff may effectuate notice of sale pursuant to Pa.R.C.P. 3129 upon her by regular mail and thereafter filing an Affidavit of Service of same with the Office of the Prothonotary. Date: Francis S. Hallinan, Esquire Attorney for Plaintiff Date: DO d,;; Vv (7 Ites C. Whited, Sr., Administrator he Estate of James Whited C? ?- 4 .,,,,j .* ?± 1 r ?? y , f _. ,,,, ? , { 1.. T ?, : J%' ? . ?i 1/ 7 SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-02508 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND AURORA LOAN SERVICES LLC VS WHITED JAMES ESTATE OF ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT WHITED JAMES ESTATE OF JAMES C WHITED SR ADMINISTRATR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT , WHITED JAMES ESTATE OF JAMES C WHITED SR ADMINISTRATR, 719 BOSLER AVENUE LEMOYNE, PA 17043 719 BOSLER AVENUE IS VACANT. Sheriff's Costs: Docketing Service Not Found Surcharge 5 3u'b-I 4- ?... So answer. -- z 18.00 13.44 5.00 R. Tho s Kline 10.00 Sheriff of Cumberland County .00 ? 46.44 PHELAN HALLINAN SCHMIEG 05/10/2007 Sworn and Subscribed to before me this day of A. D. '.rm.ov„ 4^ JUN 0 6 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AURORA LOAN SERVICES, LLC V. ESTATE OF JAMES WHITED JAMES C. WHITED, SR., ADMINISTRATOR AND ALL HEIRS AT LAW OF THE ESTATE OF JAMES WHITED COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 07-2508 ORDER qAA And now, this ` day of , 2007, it is herby ORDERED AND DECREED I that: The stipulation for Entry of In Rem Judgment, Acceptance of Service of Complaint and Waiver of Notice of Sheriff's Sale is approved. Judgment In Rem is entered in favor of Plaintiff and against the Defendant, ESTATE OF JAMES WHITED, JAMES C. WHITED, SR., ADMINISTRATOR, in the amount of $108,624.43 ' together with interest from April 25, 2007 at the rate of $19.53 per diem to the date of judgment, and other costs and charges collectible under the mortgage and for foreclosure and sale of the mortgaged property. 3 i t pp 1 ta? nnn LW 2Z 30 s W. Enclosures PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 One Penn Center at Suburban Station - Suite 1400 Philadelphia, PA 19103 Attorney for Plaintiff (215) 563-7000 AURORA LOAN SERVICES, LLC VS. ESTATE OF JAMES WHITED JAMES C. WHITED, SR. ADMINISTRATOR AND ALL HEIRS AT LAW OF THE ESTATE OF JAMES WHITED CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 07-2508 CIVIL TERM PRAECIPE TO REDUCE ORDER TO JUDGMENT TO THE PROTHONOTARY: Kindly enter hi Rem Judgment in favor of the Plaintiff and against ESTATE OF JAMES WHITED JAMES C. WHITED. SR. ADMINISTRATOR AND ALL HEIRS AT LAW OF THE ESTATE OF JAMES WHITED, Defendant(s) in accordance with the Court's Order dated JULY 9. 2007. Assess Plaintiffs damages against ESTATE OF JAMES WHITED JAMES C. WHITED, SR. ADMINISTRATOR AND ALL HEIRS AT LAW OF THE ESTATE OF JAMES WHITED as follows: As set forth in the Order Interest- TOTAL $108,624.43 $1,484.28 $110,108.71 2Q,milpte Ac") DANIEL G. S G, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 8/7/0 7 149950 PRO PROTHY /3/ d" IC U JUN 0 6 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AURORA LOAN SERVICES, LLC V. ESTATE OF JAMES WHITED JAMES C. WHITED, SR., ADMINISTRATOR AND ALL HEIRS AT LAW OF THE ESTATE OF JAMES WHITED COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 07-2508 ORDER 0 And now, this I day of , 2007, it is herby ORDERED AND DECREED that: The stipulation for Entry of In Rem Judgment, Acceptance of Service of Complaint and Waiver of Notice of Sheriff's Sale is approved. Judgment In Rem is entered in favor of Plaintiff and against the Defendant, ESTATE OF JAMES WHITED, JAMES C. WHITED, SR., ADMINISTRATOR, in the amount of $108,624.43 ' together with interest from April 25, 2007 at the rate of $19.53 per diem to the date of judgment, and other costs and charges collectible under the mortgage and for foreclosure and sale of the mortgaged property. J T'i WW FROM RAP' - T n"whered. t bwWO MY N? tM seal of said at 0.010, Pa. 3 P ena "v . PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 AURORA LOAN SERVICES, LLC CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 07-2508 CIVIL TERM ESTATE OF JAMES WHITED JAMES C. WHITED, SR. ADMINISTRATOR AND ALL HEIRS AT LAW OF THE ESTATE OF JAMES WHITED Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant ESTATE OF JAMES WHITED JAMES C. WHITED, SR. ADMINISTRATOR AND ALL HEIRS AT LAW OF THE ESTATE OF JAMES WHITED is over 18 years of age and resides at, 5 ARBUTUS LANE, BINGHAMTON, NY 13901. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. /G??'Arkm DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff V ? ....1 t=Cr d co, (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AURORA LOAN SERVICES, LLC CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. NO. 07-2508 CIVIL TERM ESTATE OF JAMES WHITED JAMES C. WHITED, SR. ADMINISTRATOR AND ALL HEIRS AT LAW OF THE ESTATE OF JAMES WHITED Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 2007. By: 5 ?cua4.g ?- K3 EPUTY If you have any questions concerning this matter, please contact: X)alyj_ac? ArlnnA-i DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff ONE PENN CENTER AT SUBURBA STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (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 AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 AURORA LOAN SERVICES, LLC Plaintiff, V. ESTATE OF JAMES WHITED JAMES C. WHITED, SR. ADMINISTRATOR AND ALL HEIRS AT LAW OF THE ESTATE OF JAMES WHITED Defendant(s). No. 07-2508 CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 7/9/07 to DECEMBER 5, 2007 (per diem -$18.10) Add' I Costs TOTAL $110,108.71 $2,696.90 and Costs $2,312.50 $115,118.11 IOA6wph' JCL"* DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative the plaintiff at the Sheriff's Sale. The sale must be postponed stayed in the event that a representative of the plaintiff is not present at the sale. 149950 of or d oz ?> a o? v ?a 5 oz ° z ° o a p? O WW F ? 64 Q V 0 r p c? p W x H w 0 a H a 0 QA w H F z ati ?o H F UW A W H x h O H W 0 w? w? o; w ?o wo U a b V-4 -r. O a M z H Q 0 P a n ?. J f't?F,. V 1 M i ? -Q CD r c rv LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground with the buildings and improvements thereon erected, Situate in the Borough of Lemoyne, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof by Michael C. D'Angelo, Registered Surveyor, dated July 7, 1978 as follows: BEGINNING at a pin on the Northern side of Bosler Avenue (80 feet wide) which point is 145.00 feet West of 7th Street; thence extending along the North side of Bosler Avenue, South 58 degrees 30 minutes 00 second West, a distance of 29.17 feet to a pin at hub on the division line between premises herein and premises known as No 721 Bosler Avenue; thence extending along same, North 31 degrees 30 minutes 00 second West, a distance of 150.00 feet to a pin on the Southern side of Pear Alley (15 feet wide); thence extending along the Southern side of Pear Alley, North 58 degrees 30 minutes 00 second East, a distance of 29.17 feet to a pin found on the division line between premises herein and premises known as 701 Bosler Avenue; thence extending along same, South 31 degrees 30 minutes 00 seconds East, a distance of 150.00 feet to a pin on the Northern side of Bosler Avenue, the place of BEGINNING. HAVING THEREON ERECTED a two (2) story stucco dwelling known and numbered as No 719 Bosler Avenue, Lemoyne, Pennsylvania. BEING Parcel No 22-0824-0061-0000000-12. BEING THE SAME PREMISES WHICH Gail L. Hancock and Patricia K. Hancock, husband and wife by deed dated November 25, 1992 and recorded November 30, 1992 in Deed A36 Page 14 did grant and convey unto John J. Post and Karen Destito. And the said Karen Destito is now by marriage known as Karen Post. TITLE TO SAID PREMISES IS VESTED IN James Whited, by Deed from John J. Post and Karen Destito, now by marriage known as Karen L. Post, dated 04/06/2005, recorded 04/14/2005, in Deed Book 268, page 1990. Premises: 719 Bosler Avenue, Lemoyne, PA 17043 AURORA LOAN SERVICES, LLC v. Plaintiff, ESTATE OF JAMES WHITED JAMES C. WHITED, SR. ADMINISTRATOR AND ALL HEIRS AT LAW OF THE ESTATE OF JAMES WHITED Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2508 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) AURORA LOAN SERVICES, LLC, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,719 BOSLER AVENUE, LEMOYNE, PA 17043. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ESTATE OF JAMES WHITED JAMES C. 5 ARBUTUS LANE WHITED, SR. ADMINISTRATOR AND BINGHAMTON, NY 13901 ALL HEIRS AT LAW OF THE ESTATE OF JAMES WHITED 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MERS AS A NOMINEE FOR FIRST 14635 N. KIERLAND BLVD, #201 NATIONAL BANK OF ARIZONA SCOTTSDALE, AZ 85254 MERS AS A NOMINEE FOR FIRST PO BOX 2026 NATIONAL BANK OF ARIZONA FLINT, MI 48501-2026 5. Name and address of every other person who has any record lien on the property: Name Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 719 BOSLER AVENUE LEMOYNE, PA 17043 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTN: JOHN MURPHY INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6'H FLOOR, STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 PO BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 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. Sec. 4904 relating to unsworn falsification to authorities. August 6, 2007 41-J H ) (DATE DANIEL G. SCHMIEG, ESQUAttorney for Plaintiff o W PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 AURORA LOAN SERVICES, LLC Plaintiff, v. ESTATE OF JAMES WHITED JAMES C. WHITED, SR. ADMINISTRATOR AND ALL HEIRS AT LAW OF THE ESTATE OF JAMES WHITED Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2508 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: 0 an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ra I x* C A: rr r ?? rn i?.-- j^ ? ?Z y? V r rn r-a z AURORA LOAN SERVICES, LLC Plaintiff, V. ESTATE OF JAMES WHITED JAMES C. WHITED, SR. ADMINISTRATOR AND ALL HEIRS AT LAW OF THE ESTATE OF JAMES WHITED Defendant(s). CUMBERLAND COUNTY No. 07-2508 CIVIL TERM August 6, 2007 TO: ESTATE OF JAMES WHITED JAMES C. WHITED, SR. ADMINISTRATOR AND ALL HEIRS AT LAW OF THE ESTATE OF JAMES WHITED 5 ARBUTUS LANE BINGHAMTON, NY 13901 * *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 AND THIS DEBT WAS NOT REAFFIRMED, 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, 719 BOSLER AVENUE, LEMOYNE, PA 17043, is scheduled to be sold at the Sheriffs Sale on DECEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $110,108.71 obtained by AURORA LOAN SERVICES, LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled 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. 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. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 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 schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. 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 distribution is filed. 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. 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-2508 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AURORA LOAN SERVICES LLC Plaintiff (s) From ESTATE OF JAMES WHITE JAMES C WHITED, SR., ADMINISTRATOR AND ALL HEIRS AT LAW OF THE ESTATE OF JAMES WHITED (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $110,108.71 L.L. $.50 Interest from 7/09/07 to 12/05/07 (per diem - $18.10) - $2,696.90 and Costs Atty's Comm % Atty Paid $165.44 Plaintiff Paid Date: 8/07/07 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs $2,312.50 5 16 J 014 ?'e. J" s R. Long, Prothono By: ?? k. ", &k Deputy Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AURORA LOAN SERVICES, LLC CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. CIVIL DIVISION ESTATE OF JAMES WHITED JAMES C. WHITED, SR. . ADMINISTRATOR AND ALL HEIRS AT LAW OF THE NO. 07-2508 CIVIL TERM ESTATE OF JAMES WHITED Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND COUNTY ) SS: Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 719 ROSIER AVF.NITF._ I.RMOYNl~., PA 17043. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders 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 No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. A?, p -a DANIEL G. SC IEG, SQUIRE Attorney for Plaintiff Date: nctnh .r 4, 2007 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he cold in the ahsence 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. 149950 - w t IIG 41'a £0 GS toot l lo Moo ony o U'iOkOt?S W =1tl o _ 600- 1. OWZA $ Wt Z a Le r ? c w t . ^ O g 00 y TG •> ,.043 W S •? •-• H 'S a c 23 00 Q M Z8 w a N w ofdh s .. FA cn r- o ba p o d^ V Y a a > ooh f?lm?7 W `? ,a as ~ '' ?2 o h ?J1Q O w Lt/1 .."Nw 03 jay 00. O r 00 45 4. j C4 5 .D h r "5 a a, 6 Goo Z ULL,• U CO) o a O S ?'bbQ rApar? wOwd c) z . y yob Q g 111*1 'Jo t --j W Z AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF AURORA LOAN SERVICES, LLC / No. 07-2508 CIVIL TERM DEFENDANT(S) ESTATE OF JAMES WHITED JAMES C. WHITED, SR. ADMINISTRATOR AND ALL HEIRS AT LAW ACCT. #149950 OF THE ESTATE OF JAMES WHITED Type of Action SERVE ESTATE OF JAMES WHITED - Notice of Sheriffs Sale JAMES C. WHITED, SR. ADMINISTRATOR AND ALL HEIRS AT LAW OF THE ESTATE OF JAMES WHITED AT Sale Date: DECEMBER 5, 2007 5 ARBUTUS LANE BINGHAMTON, NY 13901 -44n l=5 e. {IYH ITEM I 'sk , AD DI IS11to -A . het 'is Served and made known to * (aW 014M F03AC4 CA"es WWendant, on the day of a ? X2002, at 71 1, o'clock P.m., at 9 0 L-NV . p I k 6-"0A1_b N , Commonwealth of New York, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'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)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age toys Height 5 Weight -q*O Race KJ Sex Other I, pflo b 110 LA- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this_ Zq_ day taz"?v200'T No By. PLEASE ATTEMPT ERgyWJE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. THEODORE J. HARM NOTARY PUBLIC NOT SERVED STATE OF NEW JERSEY On OMM13 fiXElRES 1012512012 , 200. at o'clock ; in., Defendant NOT FOUND because: Moved Unknown No Answer 1st Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of 200_. Notary: Vacant 2nd Attempt: Time: Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 1°l ? , A 7) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Aurora Loan Services LLC is the grantee the same having been sold to said grantee on the 6th day of Feb A.D., 2008, under and by virtue of a writ Execution issued on the 7th day of Aug, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 2508, at the suit of Aurora Loan Services LLC against James Whited estate is duly recorded as Instrument Number 200804991. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this --CL - day of A.D. Recorder of Deeds Cunfte& b Courtly, Wide, PA Expires tt* First Monday of Jan. 2010 Aurora Loan Services, LLC In the Court of Common Pleas of VS Cumberland County, Pennsylvania Estate of James Whited Writ No. 2007-2508 Civil Term James C. Whited, Sr. Administrator and all Heirs at law of the Estate of James Whited R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Estate of James Whited, James C. Whited, Sr. Administrator and all Heirs at law of the Estate of James Whited, by certified mail to his last known address of 5 Arbutus Lane, Binghamton, NY 13901. This letter was mailed on August 22, 2007. The return receipt card was signed by James Whited on August 24, 2007 and returned to the Cumberland County Sheriffs Office. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on October 08, 2007 at 1348 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Estate of James Whited, James C. Whited, Sr. Administrator and all heirs at law of the Estate of James Whited located at 719 Bosler Ave., Lemoyne, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Estate of James Whited, James C. Whited Sr., Administrator and all heirs at law of the Estate of James Whited, by regular mail to his last known address of 5 Arbutus Lane, Binghamton, NY 13901. This letter was mailed under the date of October 12, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on February 6, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Aurora Loan Services, LLC. It being the highest bid and best price received for the same, Aurora Loan Services, LLC, of 601 5th Avenue, Scottsbluff, NE 69361, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,092.19. Sheriff s Costs: Docketing $30.00 Poundage 21.02 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 15.36 Certified Mail 4.64 Levy 15.00 Surcharge 20.00 Post Pone Sale 20.00 Law Journal 425.00 Patriot News 388.25 Share of Bills 14.92 Distribution of Proceeds 25.00 Sheriffs Deed 40.50 $ 1,110.19 So Answers: R. Thomas Kline, Sheriff BY ?J 0 Real Estate geant DJ4' " 1 N a ct 4.73'oz AURORA LOAN SERVICES, LLC V. Plaintiff, ESTATE OF JAMES WHITED JAMES C. WHITED, SR. ADMINISTRATOR AND ALL HEIRS AT LAW OF THE ESTATE OF JAMES WHITED Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2508 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) AURORA LOAN SERVICES. LLC. Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,719 BOSLER AVENUE, LEMOYNE, PA 17043. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ESTATE OF JAMES WHITED JAMES C. 5 ARBUTUS LANE WHITED, SR. ADMINISTRATOR AND BINGHAMTON, NY 13901 ALL HEIRS AT LAW OF THE ESTATE OF JAMES WHITED 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MERS AS A NOMINEE FOR FIRST 14635 N. KIERLAND BLVD, #201 NATIONAL BANK OF ARIZONA SCOTTSDALE, AZ 85254 MERS AS A NOMINEE FOR FIRST PO BOX 2026 NATIONAL BANK OF ARIZONA FLINT, MI 48501-2026 5. Name and address of every other person who has any record lien on the property: Name Last Known 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 719 BOSLER AVENUE LEMOYNE, PA 17043 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTN: JOHN MURPHY INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6T' FLOOR, STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 PO BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 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. Sec. 4904 relating to unworn falsification to authorities. August 6, 2007 a An- 4,2L&I DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff AURORA LOAN SERVICES, LLC Plaintiff, v. ESTATE OF JAMES WHITED JAMES C. WHITED, SR. ADMINISTRATOR AND ALL HEIRS AT LAW OF THE ESTATE OF JAMES WHITED Defendant(s). CUMBERLAND COUNTY No. 07-2508 CIVIL TERM August 6, 2007 TO: ESTATE OF JAMES WHITED JAMES C. WHITED, SR. ADMINISTRATOR AND ALL HEIRS AT LAW OF THE ESTATE OF JAMES WHITED 5 ARBUTUS LANE BINGHAMTON, NY 13901 **THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 719 BOSLER AVENUE, LEMOYNE, PA 17043, is scheduled to be sold at the Sheriffs Sale on DECEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the courtjudgment of $110,108.71 obtained by AURORA LOAN SERVICES, LLC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled 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. 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. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 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 schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. 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 distribution is filed. 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. 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground with the buildings and improvements thereon erected, Situate in the Borough of Lemoyne, Cumberland County, Pennsylvania, bounded and described in accordance with a survey and plan thereof by Michael C. D'Angelo, Registered Surveyor, dated July 7, 1978 as follows: BEGINNING at a pin on the Northern side of Bosler Avenue (80 feet wide) which point is 145.00 feet West of 7th Street; thence extending along the North side of Bosler Avenue, South 58 degrees 30 minutes 00 second West, a distance of 29.17 feet to a pin at hub on the division line between premises herein and premises known as No 721 Bosler Avenue; thence extending along same, North 31 degrees 30 minutes 00 second West, a distance of 150.00 feet to a pin on the Southern side of Pear Alley (15 feet wide); thence extending along the Southern side of Pear Alley, North 58 degrees 30 minutes 00 second East, a distance of 29.17 feet to a pin found on the division line between premises herein and premises known as 701 Bosler Avenue; thence extending along same, South 31 degrees 30 minutes 00 seconds East, a distance of 150.00 feet to a pin on the Northern side of Bosler Avenue, the place of BEGINNING. HAVING THEREON ERECTED a two (2) story stucco dwelling known and numbered as No 719 Bosler Avenue, Lemoyne, Pennsylvania. BEING Parcel No 22-0824-0061-0000000-12. BEING THE SAME PREMISES WHICH Gail L. Hancock and Patricia K. Hancock, husband and wife by deed dated November 25, 1992 and recorded November 30, 1992 in Deed A36 Page 14 did grant and convey unto John J. Post and Karen Destito. And the said Karen Destito is now by marriage known as Karen Post. TITLE TO SAID PREMISES IS VESTED IN James Whited, by Deed from John J. Post and Karen Destito, now by marriage known as Karen L. Post, dated 04/06/2005, recorded 04/14/2005, in Deed Book 268, page 1990. Premises: 719 Bosler Avenue, Lemoyne, PA 17043 ,, WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N007-2508 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AURORA LOAN SERVICES LLC Plaintiff (s) From ESTATE OF JAMES WHITE JAMES C WHITED, SR., ADMINISTRATOR AND ALL HEIRS AT LAW OF THE ESTATE OF JAMES WHITED (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $110,108.71 L.L. $30 Interest from 7/09/07 to 12/05/07 (per diem - $18.10) - $2,696.90 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $165.44 Other Costs $2,312.50 Plaintiff Paid Date: 8/07/07 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE lCultis R. Long, Prothonotary By: )??ehkgl-k A-& Deputy Address: PHELAN HALLINAN & SCHMIEG LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Arr - L. I ; ?a M Real Estate Sale # 30 On August 15, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Lemoyne Borough, Cumberland County, PA Known and numbered as 719 Bosler Avenue, Lemoyne, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 15, 2007 By: 1?1, j8- ?V va Real Est a Sergeant The Patriot-News Co. 812 Market St. Aarrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE the Patr1*otwXews Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/24/07 10/31107 11/07/07 .......... Sworn to ubscrib efore me this 30 day of November, 2007 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal James L. Clark, Notary PubNc CKY Of Harrisburg, Dauphin County MY Cammisslon E)Oras June 2, 2008 Member, Pennsylvania Association of Notarles A1l.,Ma4 1 Jet at Pm of Vomd WA Ali wwwv Am 3yWiA M d moa exec" m fa tle fto*'d Lt oe; Cffw**nmMY' mmgh ik bnNW ad f6v54 by %"" C. WA*ih daaaef?7;19'?ar Vic, at. a'Pi qC the Ui aft side of Baeit'.Aawic (!r ?edl) 1! >s 145**(W d7*0W*IW taaamdmg dO*l *ww**W of bwa Soa& 58 de?oa 30 sierra 00 aecQe Mkat a &Wm of 29EYf €IfM q a + srt J? ut#s ' line ' bst+n? ilia ? pi4rs??oa'n as 1Vo; 1 zw-; tbcaoe a"ft .1mg 8mr, M" 31 them 30 =000 00 se-ad VYm a tliwsw*f 150 two a pis on the SO"= 46 of w Aby Eli bd wwc), $wl?tq? of Pear Aft }OaHldiO Mira 70 aatlliitea'BPocand East;' o "aft d V.17 feu ag a pia food ou du d lira 6e "" P + bmis ad KtOW i?s I m 'fir kmmt ftam ,Xftft *% swl SmA 31 degms 30 mimim go It.: of; 350.00 fat to .1 pie go t?k aE > er HOW Av?eMb, nm (2) SW(r sUm r imom a umbered as I?io 734'li5la?ee. : . ?11'1+`? Bid raace? 12. BEM THE L. Hoped wd Ply L Boma bwxw and wile by deist 604lfta*tit4la,t 25, IM sad MGM* wambw30 MY4 PW 14 4d 001 ,80 aemey WO # and Kaeaa)slaMio.- Ard iie aiML iiNdto is t? fiogr,a kndwriatl? mu-TO sw PROM Is VMWIN t 1e, Lemoym. PA 17043 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 26, November 2 and November 9, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Li arie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 9 day of November, 2007 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commisslon Expires Apr 28, 2010 REAL ESTATE SALE NO. 30 Writ No. 2007-2508 Civil Aurora Loan Services, LLC vs. Estate of James Whited James C. Whited, Sr. Administrator and all heirs of the Estate of James Whited Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN lot or piece of ground with the buildings and im- provements thereon erected, Situate in the Borough of Lemoyne, Cumber- land County, Pennsylvania, bounded and described in accordance with a survey and plan thereof by Michael C. D'Angelo, Registered Surveyor, dated July 7, 1978 as follows: BEGINNING at a pin on the North- em side of Bosler Avenue (80 feet wide) which point is 145.00 feet West of 7th Street; thence extending along the North side of Bosler Avenue, South 58 degrees 30 minutes 00 second West, a distance of 29.17 feet to a pin at hub on the division line between premises herein and prem- ises known as No 721 Bosler Avenue; thence extending along same, North 31 degrees 30 minutes 00 second West, a distance of 150.00 feet to a pin on the Southern side of Pear Al- ley (15 feet wide); thence extending along the Southern side of Pear Al- ley, North 58 degrees 30 minutes 00 second East, a distance of 29.17 feet to a pin found on the division line be- tween premises herein and premises known as 701 Bosler Avenue; thence extending along same, South 31 de- grees 30 minutes 00 seconds East, a distance of 150.00 feet to a pin on the Northern side of Bosler Avenue, the place of BEGINNING. HAVING THEREON ERECTED a two (2) story stucco dwelling known and numbered as No 719 Bosler Av- enue, Lemoyne, Pennsylvania. BEING Parcel No 22-0824-0061- 0000000-12. BEING THE SAME PREMISES WHICH Gail L. Hancock and Patri- cia IL Hancock, husband and wise by deed dated November 25, 1992 and recorded November 30, 1992 in Deed A36 Page 14 did grant and convey unto John J. Post and Karen Destito. And the said Karen Destito is now by marriage known as Karen Post. TITLE TO SAID PREMISES IS VESTED IN James Whited, by Deed from John J. Post and Karen Destito, now by marriage known as Karen L. Post, dated 04/06/2005, recorded 04/14/2005, in Deed Book 268, page 1990. Premises: 719 Bosler Avenue, Lem91ne, PA .17043.