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HomeMy WebLinkAbout09-02741 -1/ Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 4aime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 190402 PHH MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Plaintiff V. DORIS A. LITTLE RICKY L. LITTLE 411 WEST MAIN STREET WALNUT BOTTOM, PA 17266-9718 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM ejV) I NO. ?J- ;7L, CUMBERLAND COUNTY Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 190402 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 (717) 249-3166 File #: 190402 1. Plaintiff is PHH MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: DORIS A. LITTLE RICKY L. LITTLE 411 WEST MAIN STREET WALNUT BOTTOM, PA 17266-9718 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 07/13/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR PATRIOT FEDERAL CREDIT UNION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1999, Page 4966. The 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. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 190402 6. The following amounts are due on the mortgage: Principal Balance $158,685.77 Interest $7,094.42 06/01/2008 through 01/15/2009 (Per Diem $30.98) Attorney's Fees $1,250.00 Cumulative Late Charges $269.45 07/13/2007 to 01/15/2009 Mortgage Insurance Premium / $106.67 Private Mortgage Insurance Cost of Suit and Title Search 750.00 Subtotal $168,156.31 Escrow Credit $0.00 Deficit $337.83 Subtotal 337.83 TOTAL $168,494.14 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. 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. File #: 190402 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. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. 11. Defendants' application for assistance under Act 91 of 1983 has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $168,494.14, together with interest from 01/15/2009 at the rate of $30.98 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 By: Qa w Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Attorneys for Plaintiff File #: 190402 LEGAL DESCRIPTION ALL the following two (2) tracts of land with the improvements thereon erected, located in South Newton Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO. 1: BEGINNING at a point in the center line of the Walnut Bottom Road, State Highway Route No. 33; thence by the center line of said Road, North 64 degrees East, 84 feet to a point; thence South 23 degrees 50 minutes East, along land now or formerly of Robert H. Frehn et ux, 125 feet to a stake; thence by the same, South 64 degrees West, 84 feet to a stake at line of land now or formerly of Raymond E. Ott; thence by the same, North 23 degrees 50 minutes West, 125 feet to a point in the center line of the Walnut Bottom Road, the place of beginning. CONTAINING .195 acre, more or less. TRACT NO. 2: BEGINNING at an iron pin in the line of the right of way of the Philadelphia and Reading Railroad Company and lands now or formerly of Charles W. Meily and Violet L. Meily; thence along the said right of way, South 54 degrees 52 minutes West, 48.48 feet; thence by land now or formerly of Rehoboth Methodist Church, North 23 degrees 35 minutes 40 seconds West, 290.04 feet to an iron pin and land of the John W. Brannan and Faye L. Brannan, his wife; thence by said land, North 63 degrees 55 minutes 10 seconds East, 84.10 feet to an iron pin and land now or formerly of Charles W. Meily and Violet L. Meily; thence by the same, South 24 degrees 00 minutes 20 seconds East, 16.05 feet to an iron pin; thence by the same, South 65 degrees 18 minutes West, 2.19 feet to an iron pin; thence by the same, South 16 degrees 16 minutes East, 270.10 feet to an iron pin, the place of beginning. Prepared pursuant to a survey of Carl D. Bert, R.S., dated September 6, 1973. PREMISES: 411 WEST MAIN STREET PARCEL#: 41-32-2292-045 File #: 190402 VERIFICATION I hereby state that I am the 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 of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec 4904 relating to unworn falsifications to authorities. Attorney for Plaintiff DATE:/::/ -D r•? 1 77 PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 PHH MORTGAGE CORPORATION Plaintiff VS. DORIS A. LITTLE RICKY L. LITTLE Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-274 CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Atto y r Plainti By Fr is S. inan, Esquire Date: 2/16/2009 PHS #: 190402 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 PHH MORTGAGE CORPORATION Plaintiff VS. DORIS A. LITTLE RICKY L. LITTLE Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-274 CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: DORIS A. LITTLE 411 WEST MAIN STREET WALNUT BOTTOM, PA 1 7266-97 1 8 RICKY L. LITTLE 411 WEST MAIN STREET WALNUT BOTTOM, PA 17266-9718 Phelan Hallinan & Schmie , LLP Atto ey r Plaintiff B Fr is S. H nan, Esquire Date: 2/16/2009 VERIFICATION C s H my'\ P, hereby states that he/she is 1 J RQ?Q &Y)* of PHH MORTGAGE CORPORATION, servicing agent for Plaintiff, PHH MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION, in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her 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 unworn falsification to authorities. I i?Lz Na QUrG _? M IOK IR DATE: 'l1oGlfLlI2T,ZO?i Title.-\Ao PrQStG`Ps(l? Company: PHH MORTGAGE CORPORATION Loan:0044482677 File #: 190402 C's ^' c- T _ _ Co Col In The Court of Common Pleas of Cumberland County, Pennsylvania PHH Mortgage Corporation VS. . Doris A. Little et al 09-274 civil SERVE: Doris A. -Little No. Now, January 23, 2009 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin county to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, , 20 , at o'clock M. served the within upon at by handing to a and made known to copy of the original the contents thereof. So answers, Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA RED- r a M MAY -6 AM 11: 01 01?1 WAMA In The Court of Common Pleas of Cumberland County, Pennsylvania PHH Mortgage Corporation vs. Doris A. Little et al N 09-274 civil SERVE : o . Ricky L. Little. Now, January 23, 2009 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ?oa Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, within upon at by handing to a and made known to copy of the original the contents thereof. So answers, Sheriff of Sworn and subscribed before me this day of _ :120 COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA 20 , at o'clock M. served the OF AVDIRTARY1 CUMBEKA.'tD COUNTY PEtgNXV tA? SHERIFF'S RETURN - REGULAR CASE NO: 2009-00274 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS LITTLE DORIS A ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LITTLE DORIS A the DEFENDANT at 0009:00 HOURS, on the 24th day of January , 2009 at 411 WEST MAIN STREET WALNUT BOTTOM, PA 17266-9718 by handing to RICKY LITTLE HUSBAND OF DORIS LITTLE a true and attested copy of COMPLAINT - MORT FORE NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 12.60 .00 ' 10.00 R. Thomas Kline .00 40.60 04/29/2009 PHELAN HALLIN SC EIG By: ` day eputy Sheriff , A.D. 4o SHERIFF'S RETURN - REGULAR CASE NO: 2009-00274 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS LITTLE DORIS A ET AL SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LITTLE RICKY L the DEFENDANT , at 0009:00 HOURS, on the 24th day of January , 2009 at 411 WEST MAIN STREET WALNUT BOTTOM, PA 17266-9718 by handing to RICKY LITTLE a true and attested copy of COMPLAINT - MORT FORE NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this So Answers: 6.00 .00 .00 10.00 R. Thomas Kline .00 16.00 04/29/2009 PHELAN HALLINAN CHM I By: day eputy Sheriff of A. D. ???"+? `? ?,? ?` ??? ??? SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2009-00274 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS LITTLE DORIS A ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: LITTLE DORIS A but was unable to locate Her deputized the sheriff of FRANKLIN serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On April 29th , 2009 , this office wasrtirsn receipt of the attached return from FRANKLIN Sheriff's Costs: Docketing Out of County Surcharge So 6.00 9.00 10.00 ??- .00 04/29/2009 PHELAN HALLINAN SCHMEIG Sworn and subscribe to before me this day of A. D. in his bailiwick. He therefore ffias Kline f of Cumberland County Service unknown, return from Franklin County not received as of this date. (;Ouo P?E?I-Vim SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2009-00274 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS LITTLE DORIS A ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: LITTLE RICKY L but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of FRANKLIN serve the within COMPLAINT - MORT FORE On April 29th , 2009 , t attached return from FRANKLIN Sheriff's Costs: Docketing 6.00 Out of County .00 Surcharge 10.00 .00 04/29/2009 PHELAN HALLINAN SCHMEIG Sworn and subscribe to before me this day of A. D. County, Pennsylvania, to Service unknown, return from Franklin Co. not received as of this date. his office wasnck r%receipt of the OF 4VTARY ZM9 NAY -5 AK 11: 01 M--1, v Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION VS. DORIS A. LITTLE RICKY L. LITTLE 411 WEST MAIN STREET WALNUT BOTTOM, PA 17266-9718 Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. CIVIL-09-274 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against DORIS A. LITTLE, and RICKY L. LITTLE, 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 Plaintiffs damages as follows: As set forth in Complaint $168,494.14 Interest - 01/16/2009 to 04/24/2009 $3,067.02 TOTAL $171,561.16 I hereby certify that (1) the addresses of the Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. Lawrence T. Phelan, Esquire ,.Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Attorneys for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. SATE: J k,-10607 PHS # 190402 PROTHONOTARY Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION VS. DORIS A. LITTLE RICKY L. LITTLE Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. CIVIL-09-274 VERIFICATION OF NON-MILITARY SERVICE -.1ko"t °r 11400 Esquire, hereby verifies that he/she is 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) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant DORIS A. LITTLE is over 18 years of age and resides at 411 WEST MAIN STREET, WALNUT BOTTOM, PA 17266-9718. (c) that defendant RICKY L. LITTLE is over 18 years of age and resides at 411 WEST MAIN STREET, WALNUT BOTTOM, PA 17266-9718. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Lawrence T. Phelan, Esquire (12- Daniel - f'rancis S. Hallinan, Esquire G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: 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 PHH MORTGAGE CORPORATION v Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. CIVIL-09-274 DORIS A. LITTLE RICKY L. LITTLE Defendant(s) TO: RICKY L. LITTLE 6067 HONEYWOOD AVENUE SAINT THOMAS, PA 17252 DATE OF NOTICE: April 8, 2009 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. You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3106__A--- MATTER Legal Assistant PHS # 190402 PHELAN HALLINAN & SCHMIEG, LLP By: 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 PHH MORTGAGE CORPORATION v Plaintiff DORIS A. LITTLE RICKY L. LITTLE Defendant(s) TO: RICKY L. LITTLE 411 WEST MAIN STREET WALNUT BOTTOM, PA 17266-9718 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. CIVIL-09-274 CUMBERLAND COUNTY DATE OF NOTICE: April 8, 2009 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. You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 'LAUREN MATTER Legal Assistant PHS # 190402 PHELAN HALLINAN & SCHMIEG, LLP By: 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 PHH MORTGAGE CORPORATION Plaintiff DORIS A. LITTLE RICKY L. LITTLE Defendant(s) TO: DORIS A. LITTLE 6067 HONEYWOOD AVE SAINT THOMAS, PA 17252-9639 DATE OF NOTICE: April 8, 2009 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. CIVIL-09-274 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. You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 - LAUREN MATTER Legal Assistant PHS # 190402 PHELAN HALLINAN & SCHMIEG, LLP By: 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 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 PHH MORTGAGE CORPORATION v Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. CIVIL-09-274 DORIS A. LITTLE RICKY L. LITTLE Defendant(s) TO: DORIS A. LITTLE 411 WEST MAIN STREET WALNUT BOTTOM, PA 17266-9718 DATE OF NOTICE: April 8, 2009 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. You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 2 South Bedford Street Carlisle, PA 17013 (717) 249-1166 LAUREN MATTER Legal Assistant PHS # 190402 FfLED--OT- riCE 2009 MAY 13 AM d!: G 14 cu ? $l?f•?c?1d- 0-+7 G -7 tai G ?-7 Al pe • -- s 5 a- `?3 (Rule of Civil Procedure No. 236) - Revised PHH MORTGAGE CORPORATION VS. DORIS A. LITTLE RICKY L. LITTLE 411 WEST MAIN STREET WALNUT BOTTOM, PA 17266-9718 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. CIVIL-09-274 Notice is given that a Judgment in the above captioned matter has been entered against you on ? r 9 ?D ilD D Y• If you have any questions concerning this matter please contact: Lawrence T. Phelan, Esquire fo 5--- L ,-Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Attorneys for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 "THIS 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 BEANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY." (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION = (MORTGAGRFORECLOSURE) Pa.R.C.P. 3180-3183 PHH MORTGAGE CORPORATION Plaintiff, V. DORIS A. LITTLE RICKY L. LITTLE Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 4/25/2009-9/2/2009 (per diem -$28.59) No.:. CIVIL-09-274 $171,561.16 $3,745.29 TOTAL Note: Please attach description of property. $175,306.45 DANIEL CH , ESQUIRE One4 -- Center at Sub ban Station 1617 J hn F. Kenned oulevard, Suite 1400 Philadelp 9103-1814 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 190402 ti • ' • Y • ? - r y C ? ? O ., r A L-- :r rep C--. C-i w? a? H c? o a ? O? V a W 00 d ?W x H? a x` V wa as A? t. w? W ? U a M ? r as 00 00 ca w wW v+4 V"4 f!1 a d a H 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 PHH MORTGAGE CORPORATION Plaintiff, V. DORIS A. LITTLE RICKY L. LITTLE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-274 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.A. §4904 relating to unsworn falsification to authorities. 10 F THI:, i'R ,AR2,109 MAY 26 All 11: U r - IPHH MORTGAGE CORPORATION V. Plaintiff, DORIS A. LITTLE RICKY L. LITTLE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-274 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129.1 PHH MORTGAGE CORPORATION, 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 411 WEST MAIN STREET, WALNUT BOTTOM. PA 17266-9718. 1. Name and address of Owner(s) or reputed Owner(s): Name DORIS A. LITTLE RICKY L. LITTLE Address (if address cannot be reasonably ascertained, please indicate) 411 WEST MAIN STREET WALNUT BOTTOM, PA 17266-9718 411 WEST MAIN STREET WALNUT BOTTOM, PA 17266-9718 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 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 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 411 WEST MAIN STREET WALNUT BOTTOM, PA 17266-9718 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 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 swo a ' ties. May 22, 2009 DATE ESQUIRE % ? THE ;-AuP F 1 R PHH MORTGAGE CORPORATION Plaintiff, V. DORIS A. LITTLE RICKY L. LITTLE Defendant(s). TO: DORIS A. LITTLE 411 WEST MAIN STREET WALNUT BOTTOM, PA 17266-9718 May 22, 2009 CUMBERLAND COUNTY No. CIVIL-09-274 RICKY L. LITTLE 411 WEST MAIN STREET WALNUT BOTTOM, PA 17266-9718 "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 BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA 77EMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at 411 WEST MAIN STREET, WALNUT BOTTOM, PA 17266- 9718, is scheduled to be sold at the Sheriff s Sale on SEPTEMBER 2, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $171,561.16 obtained by PHH MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this 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. I 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 Sheriffs 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 J LEGAL DESCRIPTION ALL the following two tracts of land with the improvements thereon erected, located in South Newton Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO. 1: BEGINNING at a point in the center line of the Walnut Bottom Road, State Highway Route No. 33; thence by the center line of said Road, North 64 degrees East 84 feet to a point; thence South 23 degrees 50 minutes East along land now or formerly of Robert H. Frehn et ux,125 feet to a stake; thence by the same, South 64 degrees West 84 feet to a stake at line of land now or formerly of Raymond E. Ott; thence by the same, North 23 degrees 50 minutes West 125 feet to a point in the center line of the Walnut Bottom Road, the place of BEGINNING. CONTAINING .195 an acre more or less. TRACT NO. 2: BEGINNING at an iron pin in the line of the right of way of the Philadelphia and Reading Railroad Company and lands now or formerly of Charles W. Meily and Violet L. Meily; thence along the said right of way, South 54 degrees 52 minutes West 48.48 feet; thence by land now or formerly of Rehoboth Methodist Church, North 23 degrees 35 minutes 40 seconds West 290.04 feet to an iron pin and land of the John W. Brannan and Faye L. Brannan, his wife; thence by the said land, North 63 degrees 55 minutes 10 seconds East 84.10 feet to an iron pin and land now or formerly of Charles W. Meily and Violet L. Meily; thence by the same, South 24 degrees 00 minutes 20 seconds East 16.05 feet to an iron pin; thence by the same, South 65 degrees 18 minutes West 2.19 feet to an iron pin; thence by the same, South 16 degrees 16 minutes East 270.10 feet to an iron pin, the place of BEGINNING. Prepared pursuant to a survey of Carl D. Bert, R.S., dated September 6, 1973. TITLE TO SAID PREMISES IS VESTED IN Ricky L. Little and Doris A. Little, h/w, by Deed from John W. Brannan, Jr., single person, dated 07/13/2007, recorded 07/17/2007 in Book 280, Page 4967. PREMISES BEING: 411 WEST MAIN STREET, WALNUT BOTTOM, PA 17266-9718 PARCEL NO. 41-32-2292-045 CONTROL # 41000543 SHORT DESCRIPTION By virtue of a Writ of Execution No. CIVIL-09-274 PHH MORTGAGE CORPORATION VS. DORIS A. LITTLE and RICKY L. LITTLE owner(s) of property situate in the SOUTH NEWTON TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 411 WEST MAIN STREET, WALNUT BOTTOM PA 17266-9718 PARCEL NO. 41-32-2292-045 CONTROL # 41000543 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Daniel G. Schmieg, Esquire WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-274 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION, Plaintiff (s) From DORIS A. LITTLE AND RICKY L. LITTLE (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 $171,561.16 L.L. $.50 Interest FROM 4/25/2009 - 9/2/2009 (PER DIEM - $28.59) -$3,745.29 Atty's Comm % Atty Paid $216.60 Plaintiff Paid Due Prothy $2.00 Other Costs Date: MAY 26, 2009 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 /W ou'Lqc? P . Curtis R. Long, Prothonotary t*g By: Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~~-~I~i_-'~~ .~~~~~ ~, Sheriff , !~ - ~., ~. „~`, ~ :+~,._~!r3s ., Jody S Smith Chief Deputy - 2~~Q~~~i~ ~ ~ ~'~ ~~ Edward L Schorpp CI ;~,; ~,'`i~~` Solicitor "~ PHH Mortgage Corporation vs. Doris A Little SHERIFF'S RETURN OF SERVICE Case Number 2009-274 06/30/2009 11:16 AM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on 6/30/09 at 1116 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Ricky L. Little and Doris A. Little, located at 411 West Main Street, Walnut Bottom, Cumberland County, Pennsylvania according to law. 06!30/2009 11:16 AM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on 6/30/09 at 1116 hours, she 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: Doris A. Little, by making known unto, Doris A. Little, personally, at, 411 West Main Street, Walnut Bottom, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 06/30/2009 11:16 AM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on 6/30/09 at 1116 hours, she 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: Ricky L. Little, by making known unto, Ricky L. Little, personally, at, 411 West Main Street, Walnut Bottom, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 08/31/2009 Property sale postponed to 11/4/2009. 11/03/2009 Property sale postponed to 1/6/2010. 01/05/2010 Property sale cancelled on 1/5/2010 01/07/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned STAYED, per letter of instruction from Attorney Schmieg. . ,, SHERIFF COST: $703.62 SO ANSI~RS, ~+ ,. January 07, 2010 R N Y R ANDERSON, SHERIFF ,: .,. ~~hf- ,~~~ ~~~ ~K--~ ~ , ~~ ~~,k~ ~' ' 1'HH MORTGAGE CORPORATION Plaintiff, v. DORIS A. LITTLE RICKY L. LITTLE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-274 AFFIDAVIT PURSUANT TO RULE 3129.1. PHH MORTGAGE CORPORATION, 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 411 WEST MAIN STREET, WALNUT BOTTOM, PA 17266-9718 . 1. Name and address of Owner(s) or reputed Owner(s): Name DORIS A. LITTLE RICKY L. LITTLE Address (if address cannot lie reasonably ascertained, please indicate) 411 WEST MAIN STREET WALNUT BOTTOM, PA 17266-9718 411 WEST MAIN STREET WALNUT BOTTOM, PA 17266-9718 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 Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None 3. Name and address of every other person who has any record lien on the Iroperty: 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 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 411 WEST MAIN STREET WALNUT BOTTOM, PA 17266-9718 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 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 unsworn at' 'ties. May 22, 2009 DATE ESQUIRE PHH MORTGAGE CORPORATION v. Plaintiff, DORIS A. LITTLE RICKY L. LITTLE Defendant(s). CUMBERLAND COUNTY No. CIVIL-09-274 May 22, 2009 TO: DORIS A. LITTLE 411 WEST MAIN STREET WALNUT BOTTOM, PA 17266-9718 RICKY L. LITTLE 411 WEST MAIN STREET WALNUT BOTTOM, PA 17266-9718 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECF.IVED ADISCHARGE IN BANKR UPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHO ULL> NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAIN.'3T PROPERTY. ** Your house (real estate) at 411 WEST MAIN STREET, WALNUT BOTTOM, PA 17266- 9718, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 2, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $171,561.16 obtained by PHH MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this 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 LEGAL DESCRIPTION ALL the following two tracts of land with the improvements thereon erected, located in South Newton Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO. 1: BEGINNING at a point in the center line of the Walnut Bottom Road, State Highway Route No. 33; thence by the center line of said Road, North 64 degrees East 84 feet to a point; thence South 23 degrees 50 minutes East along land now or formerly of Robert H. Frehn et ux,125 feet to a stake; thence by the same, South 64 degrees West 84 feet to a stake at line of land now or formerly of Raymond E. Ott; thence by the same, North 23 degrees 50 minutes West 125 feet to a point in the center line of the Walnut Bottom Road, the place of BEGINNING. CONTAINING .195 an acre more or less. TRACT N0.2: BEGINNING at an iron pin in the line of the right of way of the Philadelphia and Reading Railroad Company and lands now or formerly of Charles W. Meily and Violet L. Meily; thence along the said right of way, South 54 degrees 52 minutes West 48.48 feet; thence by land now or formerly of Rehoboth Methodist Church, North 23 degrees 35 minutes 40 seconds West 290.04 feet to an iron pin and land of the John W. Brannan and Faye L. Brannan, his wife; thence by the said land, North 63 degrees 55 minutes 10 seconds East 84.10 feet to an iron pin and land now or formerly of Charles W. Meily and Violet L.. Meily; thence by the same, South 24 degrees 00 minutes 20 seconds East 16.05 feet to an iron pin; thence by the same, South 65 degrees 18 minutes West 2.19 feet to an iron pin; thence by the same, South 16 degrees 16 minutes East 270.10 feet to an iron pin, the place of BEGINNING. Prepared pursuant to a survey of Carl D. Bert, R.S., dated September 6,1973. TITLE TO SAID PREMISES IS VESTED IN Ricky L. Little and Doris A. Little, h/w, by Deed from John W. Brannan, Jr., single person, dated 07/13/2007, recorded 07/17/2007 in Book 280, Page 4967. PREMISES BEING: 411 WEST MAIN STREET, WALNUT BOTTOM, PA ].7266-9718 PARCEL NO. 41-32-2292-045 CONTROL # 41000543 SHORT DESCRIPTION By virtue of a Writ of Execution No. CIVIL-09-274 PHH MORTGAGE CORPORATION vs. DORIS A. LITTLE and RICKY L. LITTLE owner(s) of property situate in the SOUTH NEWTON TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 411 WEST MAIN STREET, WALNUT BOTTOM, PA 17266-9718 PARCEL NO. 41-32-2292-045 CONTROL # 41000543 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Daniel G. Schmieg, Esquire WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-274 Civil COUNTY OF CUMBERLAND) CIV1:L ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION, Plaintiff (s) From DORIS A. LITTLE AND RICKY L. LITTLE (1) You are directed to levy upon the property of the defendant (s)and to sell SE:E 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 $171,561.16 L.L. $.50 Interest FROM 4/25/2009 - 9/2/2009 (PER DIEM - $28.59) - $3,745.29 Atty's Comm % Due Prothy $2.00 Atty Paid $216.60 Other Costs Plaintiff Paid Date: MAY 26, 2009 C rtis R. Long, Prothonotary DK.~ (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN &SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # On May 28, 2009 the Sheriff levied upon the defendant's interest in the real property situated in South Newton Township, Cumberland County, PA Known and numbered as, 411 West Main Street, Walnut Bottom ,more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 28, 2009 By: eal Estate Coordinator `~ ,~\ >~> PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND 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: July 24, July 31 and August 7, 2009 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 irlterested 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. REAL ESTATE SALE NO. 57 Writ No. 2009-274 Civil PHH Mortgage Corporation vs. Doris A. Little Ricky L. Little Atty.: Daniel Schmieg SHORT DESCRIPTION Owner(s) of property situate in the SOUTH NEWTON TOWNSHIP, Cum- berland County, Pennsylvania, being 411 WEST MAIN STREET, WALNUT BOTTOM, PA 17266-9718. PARCEL NO. 41-32-2292-045 CONTROL # 41000543. Improvements thereon: RESIDEN- TIAL DWELLING. Marie Coyne, SWORN TO AND SUBSCRgBED before me this 7 da of Au ust 200a r Notary NOTARIAL SEAL (~EBORAN A COLLINS Notrary Public CARLISLE BORO, CUt~BEP,LAND COUNTY ~ M)' ~=ommission Expires Apr 28, 2010 The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 she 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 she 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 severalty 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 (~jf ~1d~CI0t VflUd Now you know PA 17013 Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss This ad ran on the date(s) shown below: 07/24/09 Sale No. 57 +NrR No. 2009-274 Clvll Term PHH Mortgage Corporation ve. Doris A Little Ricky L Little Atty: Daniel Schmleg ~~tfGre~i4~"~1~2i 07131 /09 SHORT DESCRIPTION By virtue of a Writ of Execution No. CNII,-09- 274 PHH MORTGAGE CORPORATION vs. DORIS A. LITTLE and RICKY L. LITTLE owner(s) of property situate in the SOUTH NEWTON TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 411 WEST MAIN STREET, WALNUT BOTTOM, PA 17266-9718 PARCEL NO. 41-32-2292-045 CONTROL # 41000543 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING ;Sworn to and'~rtlbscribed before me this 14 day~bf August, 2009 A. D. ;, ` - ~ ~ - ~ ( ' --~-f t _ Notary Public "' ~''-~ COMMONWEALTH OF PENNSYLVANIA Notaria(Sea~-'i Sherrie L. Kisner, Notary Public CdY ~ Harrisburg, Dauphin County My Commissars Expires Nov. 26, 2011 Member, Pennsylvania Association of Notaries 08/07/09 :.: PHII MORTGAGE CORPORATION Plaintiff v. DORIS A. LITTLE RICKY L. LITTLE Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 04/25/2009 to Date of Sale ($28.20 per diem) TOTAL PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-274 CUMBERLAND COUNTY $171,561.16 $16,722.60 $188,283.76 ~~~~~~ Attorn for Plaintiff Phelan Hallinan &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq:, Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 Note: Please attach description of property. PHS # 190402 00 00 ~ ~ ~ a, °~ ~ N N N ~ ~ ~ ~ W Q W Q ~ a O _ _ ~ ~ O ~.T_ a~ ~~p ~~p ~~~~~~yoJ~'a lfl ~O ,-, ... N j ,~ '~ Fr ~ '-~ E.., ~ R ~ ~ ~ ~ M ~- ? s ACS ,~' t~_ p ~} v '`: r.., W ~ z Q a~ p o ~~+ Z E~ ~ ~ ~ ~ ~ ~~~M W~ O ~ N~ O~ N~ ~ M M O H O a ~ U M~b~o~O~OMN 1~~~~"'~N p d !y]~i O O a a W~ Cyr O O O'~~~-+o~o~Ny~j~O yG pb ~ Gz Q o v abbti'~ bzZZoOZ~b ~.ty~ -o .., O p ~ ^ °w~ ^ G40 ~ O ~ WWbw.y"y"wb y"wW;~WW OU LW7 ~a~ a~ ~`~' ~ ~ ~b o ~www ^w ~ ~w ~ ~.a p~ ~.~ -a''~~ W o a a~ a A >a~a C7~C7 U a > A~ a w ¢ a^^^^^^^^^^^^^^^^^ LEGAL DESCRIPTION ALL the following two tracts of land with the improvements thereon erected, located in South Newton Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO. 1: BEGINNING at a point in the center line of the Walnut Bottom Road, State Highway Route No. 33; thence by the center line of said Road, North 64 degrees East 84 feet to a point; thence South 23 degrees 50 minutes East along land now or formerly of Robert H. Frehn et ux, 125 feet to a stake; thence by the same, South 64 degrees West 84 feet to a stake at line of land now or formerly of Raymond E. Ott; thence by the same, North 23 degrees 50 minutes West 125 feet to a point in the center line of the Walnut Bottom Road, the place of BEGINNING. CONTAINING .195 an acre more or less. TRACT N0.2: BEGINNING at an iron pin in the line of the right of way of the Philadelphia and Reading Railroad Company and lands now or formerly of Charles W. Meily and Violet L. Meily; thence along the said right of way, South 54 degrees 52 minutes West 48.48 feet; thence by land now or formerly of Rehoboth Methodist Church, North 23 degrees 35 minutes 40 sewnds West 290.04 feet to an iron pin and land of the John W. Brannan and Faye L. Brannan, his wife; thence by the said land, North 63 degrees 55 minutes 10 seconds East 84.10 fcct to an iron pin and land now or formerly of Chazles W. Meily and Violet L. Meily; thence by the same, South 24 degrees 00 minutes 20 seconds East 16.05 feet to an iron pin; thence by the same, South 65 degrees 18 minutes West 2.19 feet to an iron pin; thence by the same, South 16 degrees 16 minutes East 270.10 feet to an iron pin, the place of BEGINNING. Prepazed pursuant to a survey of Cazl D. Bert, R.S., dated September 6, 1973. TITLE TO SAID PREMISES IS VESTED IN Ricky L. Little and Doris A. Little, h/w, by Deed from John W. Brannan, Jr., single person, dated 07/13/2007, recorded 07/17/2007 in Book 280, Page 4967. PREMISES BEING: 411 WEST MAIN STREET, WALNUT BOTTOM, PA 17266-9718 PARCEL N0.41-32-2292-045 Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff v. DORIS A. LITTLE RICKY L. LITTLE Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS . CIVIL DIVISION NO. CIVIL-09-274 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 (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. ~ /, By: ~," 5- Cf' „r .'~ _}~ =y -~ j ;~ = - ~_ -, a c~ U Attorney fo laintiff Phelan Hallinan &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 _ ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047. ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 P~IH MORTGAGE CORPORATION Plaintiff v. DORIS A. LITTLE RICKY L. LITTLE Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-274 CUMBERLAND COUNTY PHS # 190402 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 411 WEST MAIN STREET, WALNUT BOTTOM, PA 17266-9718. Name and address of Owner(s) or reputed Owner(s): Name DORIS A. LITTLE RICKY L. LITTLE c7 C . o -n Address (if address cannot be reasonably ~, ~~i ~? ~- 1 ascertained, please so indicate) __ ` ~ _~, , , , _ ~ ~ ~{.~ 411 WEST MAIN STREET r= . N WALNUT BOTTOM, PA 17266-9718 '~ ,- ; - ~ 1- 411 WEST MAIN STREET . l,.. ~.... `~" WALNUT BOTTOM, PA 17266-9718 -c ~ -~ 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 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 arty 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. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 411 WEST MAIN STREET WALNUT BOTTOM, PA 17266-9718 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 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. July 16, 2010 ay. ~ -L ~- Attorney for laintiff Phelan Hallinan &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 t PHH MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff CIVIL. DIVISION vs. NO. CIVIL-09-274 DORIS A. LITTLE : CUMBERLAND COUNTY RICKY L. LITTLE . Defendants} ~ ~-- ~ ; i NOTICE OF SHERIFF'S SALE OF REAL PROPERTY -~:,~~~ c <- ~ -,-; r~._, ~ TO: DORIS A. LITTLE ~ ~ mm, ~, A RICKY L. LITTLE _ -:~- - 411 WEST MAIN STREET '"- ~ ,: 4 ~ ~ - WALNUT BOTTOM, PA 17266-9718 " 'y .~: **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 411 WEST MAIN STREET, WALNUT BOTTOM, PA 17266-9718 is scheduled to be sold at the Sheriff s Sale on 12/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $171,551.16 obtained by PHH MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 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 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 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 N LEGAL DESCRIPTION ALL the following two tracts of land with the improvements thereon erected, located in South Newton Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO. 1: BEGINNING at a point in the center line of the Walnut Bottom Road, State Highway Route No. 33; thence by the center line of said Road, North 64 degrees East 84 feet to a point; thence South 23 degrees 50 minutes East along land now or formerly of Robert H. Frehn et ux, 125 feet to a stake; thence by the same, South 64 degrees West 84 feet to a stake at line of land now or formerly of Raymond E. Ott; thence by the same, North 23 degrees 50 minutes West 125 feet to a point in the center line of the Walnut Bottom Road, the place of BEGINNING. CONTAINING .195 an acre more or Less. TRACT N0.2: BEGINNING at an iron pin in the line of the right of way of the Philadelphia and Reading Railroad Company and lands now or formerly of Charles W. Meily and Violet L. Meily; thence along the said right of way, South 54 degrees 52 minutes West 48.48 feet; thence by land now or formerly of Rehoboth Methodist Church, North 23 degrees 35 minutes 40 seconds West 290.04 feet to an iron pin and land of the John W. Brannan and Faye L. Brannan, his wife; thence by the said land, North 63 degrees 55 minutes 10 seconds East 84.10 feet to an iron pin and land now or formerly of Charles W. Meily and Violet L. Meily; thence by the same, South 24 degrees 00 minutes 20 seconds East 16.05 feet to an iron pin; thence by the same, South 65 degrees 18 minutes West 2.19 feet to an iron pin; thence by the same, South 16 degrees 16 minutes East 270.10 feet to an iron pin, the place of BEGINNING. Prepared pursuant to a survey of Cazl D. Bert, R.S., dated September 6, 1973. TITLE TO SAID PREMISES IS VESTED IN Ricky L. Little and Doris A. Little, h/w, by Deed from John W. Brannan, Jr., single person, dated 07!13/2007, recorded 07/17/2007 in Book 280, Page 4967. PREMISES BEING: 411 WEST MAIN STREET, WALNUT BOTTOM, PA 17266-9718 PARCEL N0.41-32-2292-045 SHORT DESCRIPTION By virtue of a Writ of Execution NO. CIVIL-09-274 PHH MORTGAGE CORPORATION vs. DORIS A. LITTLE RICKY L. LITTLE owner(s) of property situate in the South Newton Township, Cumberland County, Pennsylvania, being (Municipality) 411 WEST MAIN STREET WALNUT BOTTOM PA 17266-9718 Parcel No. 41-32-2292-045 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $171,561.16 Phelan Hallman & Schmieg, LLP - Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-274 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION Plaintiff (s) From DORIS A. LITTLE RICKY L. LITTLE (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 $171,561.16 L.L. Interest from 4/25/2009 to Date of Sale ($28.20 per diem) -- $16,722.60 Atty's Comm % Due Prothy $2.00 Atty Paid $941.72 Other Costs Plaintiff Paid Date: 9/22/1:0 ~' _ - ~ ~ -" David D. Buell, Pr onotary _ ,f~~h By: - ..Y71;STTR7G PARTY: ^ Nau~e JA~I~& )V~CGUINNESS, ESQUIRE Address: ~PHL~.AN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 90134 Deputy 1~.~ ~-I~~~fC~ r~ Lu J t_c 6 i 1 L ~: ! {'~~+r~p ~.~ ~~Jo ~+Mi'i~i-it',U '1eU61f$ ;. ~.! s.' c 4r ~ ~~~, ~ 6? Phelan Hallinan &Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 --~Sheetal R. Shah-Jani, Esq., ld. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 100 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 P1-III MORTGAGE CORPORATION COURT OF COMMON PLEAS CIVIL DIVISION v. NO. CIVIL-09-274 DORIS A. LITTLE RICKY L. LITTLE CUMBERLAND COUNTY SUGGESTION OF DEATH RE: DEFENDANT RICKY L. LITTLE AND RELEASE OF DEFENDANT'S LIABILITY COMMONWEALTH OF PENNSYLVANIA: Plaintiff, 1'HH Mortgage Corporation by its counsel, Phelan Hallinan & Schmieg, LLP, hereby certifies that, to the best of its knowledge, information and belief, the Defendant Ricky L. Little is deceased -- date of death January 11, 2010. Plaintiff hereby releases Ricky L. Little from liability for the debt secured by the mortgage. As the property is owned by defendants Doris A. Little and Ricky L. Little, and as tenant by the entireties, upon the death of Ricky L. Little, Doris A. Little became sole owner of the mortgaged premises as surviving tenant by the entireties. Dated: !/V W PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Ph an sq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 ~heetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff Phelan Hallman &Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PFIH MORTGAGE CORPORATION v. DORIS A. LITTLE RICKY L. LITTLE COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-274 CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Suggestion of Death Re: Ricky L. Little was sent via first class mail to the following on the date listed below: Doris A. Little 411 West Main Street Walnut Bottom, PA 17266 Dated: ~ ?jC By: Lawrence T. Phelan, ., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Ji}dith T. Romano, Esq., Id. No. 58745 heetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., ld. No. 86657 Peter J. Mulcahy, Esq., Id. No. 6l 791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Td. No. 208375 Attorney for Plaintiff PLAINTIFF PHH MORTGAGE CORPORATION AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PUS # 1!0402 DEFENDANT DORIS A. LITTLE RICKY L. LITTLE SERVE DORIS A. LITTLE AT: 411 WEST MAIN STREET WALNUT BOTTOM, PA 17266-9718 SERA TEAMI kxc COURT NO.: CIVILr09-274 TYPE OF ACTION XX Notice of Sherffs Sale SALE DATE: 12AMMIO SERVED Served and made known to DORIS A. T Unj , Defendant on the2"day of G?t57 , 20 10 , at 74-1, o'clock -P. M., at 41 M as T' A4,&im a rP.G jT in the manner described below: VDefendantpersonallyserved. VA+00T oTTOM, 1 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 m charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age ?,? s A ..? Height 5 ?L" Weight 170 Race W Sex F Other I, } 1??.z Aip i-L . 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 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 subscribed before this at fL day 3iir1 [ („`r 7,Y' of G 20 01 jt' N By: S"6 1.1 OF M- ,-P\SEY NOT SERVED M1 (, AfiISSiC?V 1`„?IRr'3 MAR RCH 7, 2013 Orf tl e d f 20 , at i o'clock _ . M., Defendant N F61 S1se scant. _ Bad Address , Moved , Does Not Reside (Not Vaunt) No Answer ou at Service Refused - Other: Sworn to and subscribed before me this day of By: Notary: AITORNU MR.PLAIIYliFF Lw+rsT.Pae,EN„KNw-r reins s. H0NR^ x1j, K W 4203 0"MG?i1111.,KNe em MMde KNd1W, ap, K pi&ww .1rdMYT. arne,a4, K Nw Ktett %awn. 90b 4o MR K Ns e17A Iweea R T?My ?4. K Nw 1OS47 YNdc wti.rn, bd, K Ne.11p1i1 W0.J M46KNwW07 PNerl.Al l In 6%,KW4179l AN ewL eel,KNaMt1! .rare McCdomm Dp, K Nw NIX C1aYa?dirr R PYr, S}, K1V?llii4 Jura. L CeldaryL}, K Nw 1W1} CwMry! D=m 61 - Na ZIirM ArAewr C. *--b-e, K Ne. ZM77S prier ru 91yYr 1417 JN-1 ?YeMM AiOyYY.PA 1lIIBdp4 (ZM MX72N R 4,q ? C/) rTj ?3 • ? ' mot t : °1..- , rw -I m 1I FILED-OFFICE n C, T 13 CU 9 yy.? 1- -( f ttw?.,? L_4' tCCL o? ? Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County DORIS A. LITTLE RICKY L. LITTLE No.: CIVIL-09-274 Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES 190402 Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on January 21, 2009, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit «A„ 2. Judgment was entered on May 18, 2009 in the amount of $171,561.16. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 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 December 8, 2010. 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 8, 2010 Per Diem $30.87 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits $158,137.90 $24,633.71 $323.34 $1,300.00 $1,445.50 $703.62 $0.00 $0.00 $533.35 $0.00 ($0.00) 190402 Escrow Deficit TOTAL $5,657.61 $192,735.03 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 October 11, 2010 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) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. 190402 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: Qj? By: Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phesq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? dith T. Romano, Esq., Id. No. 58745 ZSheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 190402 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County DORIS A. LITTLE RICKY L. LITTLE No.: CIVIL-09-274 Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 190402 I. BACKGROUND OF CASE DORIS A. LITTLE and RICKY L. LITTLE 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 411 WEST MAIN STREET, WALNUT BOTTOM, PA 17266-9718. 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 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., 190402 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, 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 190402 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). 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 Sheriff s 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 190402 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. VI. ATTORNEY'S 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, enter, 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). Recently, 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. Citicom v. Morrisville 190402 Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. 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 190402 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. VIII. 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. 190402 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: "v By: ? Lawrence T. Phe sq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 udith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff 190402 Exhibit "A" 190402 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 190402 PHH MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Plaintiff V. 91 7 ? R7? Y'r J? cn U -? ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM 0 ! Vr ' I NO. D I - )?'( CUMBERLAND COUNTY DORIS A. LITTLE RICKY L. LITTLE We Hereby CW* tf 16 411 WEST MAIN STREET within to be. a true .and WALNUT BOTTOM, PA 17266-9718 correet copy of the original filed of rQOOrd Defendants -QV IL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE MJVRNE? ME. Cam' P LEASE File #. 190402 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 (717) 249-3166 File #: 190402 1. Plaintiff is PHH MORTGAGE CORPORATION 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are; DORIS A. LITTLE RICKY L. LITTLE 411 WEST MAIN STREET WALNUT BOTTOM, PA 17266-9718 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 07/13/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR PATRIOT FEDERAL CREDIT UNION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1999, Page 4966. The 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. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 190402 6. The following amounts are due on the mortgage: Principal Balance $158,685.77 Interest $7,094.42 06/01/2008 through 01/15/2009 (Per Diem $30.98) Attorney's Fees $1,250.00 Cumulative Late Charges $269.45 07/13/2007 to 01/15/2009 Mortgage Insurance Premium / $106.67 Private Mortgage Insurance Cost of Suit and Title Search 750.00 Subtotal $168,156.31 Escrow Credit $0.00 Deficit $337.83 Subtotal $337.83 TOTAL $168,494.14 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. . 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. i iI bile #. 190402 4 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. The action does not'come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. 11. Defendants' application for assistance under Act 91 of 1983 has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $168,494.14, together with interest from 01/15/2009 at the rate of $30.98 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 By: 9O/,?,(/ Lawrence T. Phelan, Esquire Francis S. Haliinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Attorneys for Plaintiff File #: 19M LEGAL DESCRIPTION ALL the following two (2) tracts of land with the improvements thereon erected, located in South Newton Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO. 1: BEGINNING at a point in the center line of the Walnut Bottom Road, State Highway Route No. 33; thence by the center line of said Road, North 64 degrees East, 84 feet to a point; thence South 23 degrees 50 minutes East, along land now or formerly of Robert H. Frehn et ux, 125 feet to a stake; thence by the same, South 64 degrees West, 84 feet to a stake at line of land now or formerly of Raymond E. Ott; thence by the same, North 23 degrees 50 minutes West, 125 feet to a point in the center line of the Walnut Bottom Road, the place of beginning. CONTAINING .195 acre, more or less. TRACT NO. 2: BEGINNING at an iron pin in the line of the right of way of the Philadelphia and Reading Railroad Company and lands now or formerly of Charles W. Meily and Violet L. Meily; thence along the said right of way, South 54 degrees 52 minutes West, 48.48 feet; thence by land now or formerly of Rehoboth Methodist Church, North 23 degrees 35 minutes 40 seconds West, 290.04 feet to an iron pin and land of the John W. Brannan and Faye L. Brannan, his wife; thence by said land, North 63 degrees 55 minutes 10 seconds East, 84.10 feet to an iron pin and land now or formerly of Charles W. Meily and Violet L. Meily; thence by the same, South 24 degrees 00 minutes 20 seconds East, 16.05 feet to an iron pin; thence by the same, South 65 degrees 18 minutes West, 2.19 feet to an iron pin; thence by the same, South 16 degrees 16 minutes East, 270.10 feet to an iron pin, the place of beginning. Prepared pursuant to a survey of Carl D. Bert, R.S., dated September 6, 1973. PREMISES: 411 WEST MAIN STREET PARCEL#: 41-32-2292-045 File #: 190402 VERIFICATION 'PoxC -A I (1 k P . hereby states that he/she is V O P?Irae t of PHH MORTGAGE CORPORATION, servicing agent for Plaintiff, PHH MORTGAGE CORPORATION, F!K/A PHH MORTGAGE SERVICES CORPORATION, in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her 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 unworn falsification to authorities. L/'?& /? - O?XG _..) H InK iR DATE: E? Title-V\0 Pq( Idt'iol -Auaw Company: PHH MORTGAGE CORPORATION File #. 140402 Exhibit "B" 190402 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION V3. DORIS A. LITTLE RICKY L. LITTLE 411 WEST MAIN STREET WALNUT BOTTOM, PA 17266-9718 o CC) PQ' c?fn .. K Attorney for Plaintiff r`l?I.:.IB?ERLAND COUNTY •.r. C'O RT ?1 l WN PLEAS 3 Py ..rr??t?, CIVIL 1)1eY fON j No. CIVIL-09-274 r Wit` PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against DORIS A. LITTLE, and RICKY L. LITTLE, 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 $168,494.14 Interest - 01116/2009 to 04/2412009 $3,067.02 TOTAL $171,561.16 I hereby certify that (1) the addresses of the Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. Lawrence T. Phelan, Esquire (0 Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenne R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Attorneys for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. J. ?- ? 4 - 0 DATE: J60'? V PHS # 190402 PROTHONOTAR G. ? Qu I ? ? I I o r 0 N I I II I Y G O G ? 00diz WO a3?ttlw G A ? O N ' Q u 4E 4 3(3 9SZLLZb000 "{+ M P. 90joo WL ZO ` E v ozslzo ? N y S_-Mh09 A3Nlld AMMON j C = F .o O 5 0 ?vu N . . L 0o c m 3 ? ? A c C V Jy' O ^ ? ? tV nt .. Vl a V E v E "El o N N '? y g ? 35 7 P Q, a> `? ? G M P_'9''Qa.o ' N 6 r = o v N h 3 t o 5. ° ' . .. o a5 -S a+ r O C 0 7 V .? ? ' .fi ^p Q ? xx ? 8 .I O y A m b C$ L rn E- ¢ O to H w moo O ? F- Hex ? m p b z d 4 At 3 ? a ? w > S ? w az, T a ? ? w aW W o y F z ? w x x ? . 3 u 22, w ; V . a p¢ Q ?U? O d' Q v ra C. ? ? F CG ?Oa Z D O N N ? b ? Cl? !/1 O m ¢ x x v o, a a ^a a z kf) H a N z <0 N Oy V O PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey October 5, 2010 DORIS A. LITTLE 411 WEST MAIN STREET WALNUT BOTTOM, PA 17266-9718 RE: PHH MORTGAGE CORPORATION v. DORIS A. LITTLE and RICKY L. LITTLE Premises Address: 411 WEST MAIN STREET WALNUT BOTTOM, PA 17266 CUMBERLAND County CCP, No. CIVIL-09-274 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 October 10, 2010. Should you have further questions or concerns, please do not hesitate to contact me Otherwise, please be guided accordingly. V truly yours, La nce T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Enclosure VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & Schmieg, LLP DATE: By: ? Lawrence T. &W, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 r-1 Yheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 190402 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County DORIS A. LITTLE RICKY L. LITTLE No.: CIVIL-09-274 Defendant CERTIFICATION OF SERVICE 190402 I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. DORIS A. LITTLE DORIS A. LITTLE 411 WEST MAIN STREET 6067 HONEYWOOD AVE WALNUT BOTTOM, PA 17266-9718 SAINT THOMAS, PA 17252-9639 Phelan Hallinan & Schmieg, LLP DATE: By: \ U- IV ? Lawrence T. P 1 sq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? J dith T. Romano, Esq., Id. No. 58745 [Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 190402 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey October 12, 2010 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: PHH MORTGAGE CORPORATION v. DORIS A. LITTLE CUMBERLAND County CCP, No. CIVIL-09-274 Dear Sir or Madam: Enclosed for filing please find Motion to Reassess Damages, Brief in Support thereof, and Certification of Service with regard to the above captioned matter. Kindly return a time-stamped copy of the enclosed in the self-addressed stamped envelope provided for your convenience. Very truly ours, Lawrence T. P elan, Esquire Francis S. Halli , Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire .,,-g'heetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire 190402 Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Enclosure cc: DORIS A. LITTLE 190402 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey October 12, 2010 DORIS A. LITTLE 411 WEST MAIN STREET WALNUT BOTTOM, PA 17266-9718 RE: PHH MORTGAGE CORPORATION v. DORIS A. LITTLE Premises Address: 411 WEST MAIN STREET WALNUT BOTTOM, PA 17266 CUMBERLAND County CCP, No. CIVIL-09-274 Dear Defendant, Enclosed please find Plaintiffs Motion to Reassess Damages, Memorandum of Law in Support thereof, and Certification of Service relative to the above referenced matter that were filed with the Office of the Prothonotary of Cumberland. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. V truly yo Lawrence T. P an, squire Francis S. Hall squire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire /Sheetal R. Shah-Jani, Esquire Jemne R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire 190402 Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN 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 ENFORCEMENT OF A LIEN AGAINST PROPERTY. 190402 ~~ .~ ~'ILEO-~FF1CE ,, OF T;iE P^,t1T~0~tlTAF t 20lO QCT 19 A~ 1 ~' 3 ! 1<U PEP~~SYLYAN p TY OCT 14 [U~!~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PHH MORTGAGE CORPORATION Court of Common Pleas Plaintiff Civil Division v. CUMBERLAND County DORIS A. LITTLE No.: CIVIL-09-274 Defendant No.: RUL t4'~'~' AND NOW, this day of Q 2010, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. ~j ~ 4 Rule Returnable on the r day of N/~`~~'~~`"' ~ 2010, at ~•~ in the -~3 Courtroom of the Cumberland County Courthouse, Carlisle, Penns T J. ~"'t ~ g.5 /ha t l4rJ~. L S S'. ~.~,, -~~~ tC~I !4 ~ t0 ~. 190402 3 ~. ~~F~Il~~D~OFFICE 1~~ T'rl~ ~'~~T~fl~IOTAR`( ~~ i Q CST ~ P~'~ 2~ 2 ! ~'I.~~ i ~o~I ;,~~y~ Ci~U~i~~~Y 3 ~~~f~ 7't`1.~+'~'!~v(~ Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P: Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza. Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION Plaintiff v. DORIS A. LITTLE Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: CIVIL-09-274 No.. CERTIFICATION OF SERVICE 190402 I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of November 19, 2010 was sent to the following individual on the date indicated below. DORIS A. LITTLE DORIS A. LITTLE 411 WEST MAIN STREET 6067 HONEYWOOD AVE WALNUT BOTTOM, PA 17266-9718 SAINT THOMAS, PA 17252-9639 Phelan Hallinan & Schmieg, LLP DATE: ~ Q , d,~ ~ ~ p gy. `t~' dU~~-P/~j ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 190402 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION Plaintiff, V. DORIS A. LITTLE Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No.: CIVIL-09-274 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been liven to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit *d as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/ ertifed Mail Return Receipt stamped by the U.S. Postal Service is attached heret xhibt??<-' .7? } ?.a f 1 b. Date: 1 D U Lawrenc . Phelan, Esq., Id; No. 32227 [] Francis : Hallinan, Esq., Id. No. 62695 ? Daniel . Schmieg,'Esq., Id. No. 62205 Michele M. Bradford, Esq.; Id. No, 69849 ? Judith T. Romano, Esq., Id. No; 58745 [] Sheetal R. Shah=Jani, Esq., Id. No. 81760 El Jenine R, Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 Vive< Srivastava, Esq., Id. No. 202331 ? Ja . Jones, Esq., Id. No. 86657 ter J. Mulcahy, Esq., Id. No, 61791 Andrew L. Spivack,?Esq.,Id. No. 84439 Jaime McGuinness, F,sq,, Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Brarnbleu, Esq., Id. No. 208375 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may »ot be sold in the absence ofa representative of the plaintiff at the Sheriffs Sale. The safe must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS 4 190402 o ro ?a S0 46 6 3000d1Z W0213 Q3lIdW °g W 0602 ZZiflf 9SZLLZb000 W6 1? ? o z0 OOVZO sjivwa a?iNYia ? F Y 0 1 e. 5 6 Q 0 y 1 / v' a?i O gp? t? i. c ro •? fic? ° C. a c y ?a.o w ?? 73 I^ • 7 a k l N G ?q R 0 r O [ a H L !? 'C W v , ? O E< 00 a 6i N C O A .r.•i ? 6 ?? ca r cC O N .-, ? w a J5 ° aw ? a??° aN w c`? ° H W FL ? C L: L M w a r s, vi s.. ?[ N O w..F+ i,, r H. O F (? ? x ? ? V N y .? ? L b ? ? O O y ?,. . r /1 H L p . , 4 a? r a .C O L = Q? . A L? L? v . Q = C a+ ,0 w + VI U? "CJ 00 z E~ ?3 r umu uM :x M, r . ? w?°a ddwNx W x ro s H? . i Is IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION Plaintiff Court of Common Pleas Civil Division v. DORIS A. LITTLE RICKY L. LITTLE Defendant CUMBERLAND County No.: CIVIL-09-274 ORDER AND NOW, this day of IV0"" , 2010 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tune in this case as follows: Principal Balance Interest Through December 8, 2010 Per Diem $30.87 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion $158,137.90 $24,633.71 $323.34 $1,300.00 $1,445.50 $703.62 $0.00 $0.00 190402 ,` 41, Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $533.35 $0.00 ($0.00) $5,657.61 $192,735.03 Plus interest from December 8, 2010 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. T aa/io 4aUe ,el?C 0 cti Q a -rs r rn Gn N p a v C-) =Z5 (D rn 190402 SIJERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ?gttVttti G: 4?.4t7P1Gr?,f,?t Jody S Smith Chief Deputy Richard W Stewart Solicitor 14 PHH Mortgage Corporation vs. Doris A Little (et al.) Case Number 2009-274 SHERIFF'S RETURN OF SERVICE 10/14/2010 10:55 AM - Deputy Dennis Fry, being duly sworn according to law, states service was performed by posting a true copy of the requested Notice of Writ of Execution, Description and Plaintiffs Notice of Sheriffs Sale and Debtor's Rights upon the Real Estate located at 411 West Main Street, South Newton Twp, Walnut Bottom, PA 17266. Copy of the Plaintiffs Notice attached to and made part of the within record. 10/14/2010 10:55 AM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on 10/14/10 at 1055 hours, 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: Doris A. Little, by making known unto, Doris A. Little, personally, at, 411 West Main Street, Walnut Bottom, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 10/14/2010 10:55 AM - Deputy Dennis Fry, being duly sworn according to law, attempted service to the Defendant, to wit: Ricky L Little at 411 West Main Street, South Newton Twp, Walnut Bottom, PA 17266. The Defendant was found to be deceased. 10/18/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Ricky L. Little, but was unable to locate him/her in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT SERVED as to the defendant, Ricky L. Little is deceased. 12/06/2010 As directed by Daniel G Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 2/2/2011 02/02/2011 Ronny R. Anderson, Sheriff, 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 Cumberland County Courthouse, Carlisle, Cumberland County, PA on February 2, 2011 at 10:00 a.m. He sold the same for the sum of $ 1.00 to Attorney Daniel Schmieg, on behalf of Federal National Mortgage Association, P.O. Box 650043 Dallas, TX 75265, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $870.22 March 14, 2011 SO ANSWERS, RONINTY R ANDERSON, SHERIFF z/f 00 rd - . a .0o Pd -C6 . aSGS?? Cou gSutn Shea!'f.-feir,.:;oft. I n;; PHH MORTGAGE COFMORATION , Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION V. DORIS A. LITTLE RICKY L. LITTLE Defendant(s) NO. CIVIL-09-274 CUMBERLAND COUNTY PHS # 190402 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 411 WEST MAIN STREET, WALNUT BOTTOM, PA 17266-9718. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) DORIS A. LITTLE RICKY L. LITTLE 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 411 WEST MAIN STREET WALNUT BOTTOM, PA 17266-9718 411 WEST MAIN STREET WALNUT BOTTOM, PA 17266-9718 Address (if address cannot be reasonably ascertained, please so indicate) 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. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA 411 WEST MAIN STREET WALNUT BOTTOM, PA 17266-9718 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 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. July 16, 2010 C By: -)law 14 N4 Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 PHH MORTGAGE CORPORATION : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION VS. : NO. CIVIL-09-274 DORIS A. LITTLE CUMBERLAND COUNTY RICKY L. LITTLE Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DORIS A. LITTLE RICKY L. LITTLE 411 WEST MAIN STREET WALNUT BOTTOM, PA 17266-9718 * *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 411 WEST MAIN STREET, WALNUT BOTTOM, PA 17266-9718 is scheduled to be sold at the Sheriffs Sale on 12/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $171,561.16 obtained by PHH MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 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 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 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL the following two tracts of land with the improvements thereon erected, located in South Newton Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO. 1: BEGINNING at a point in the center line of the Walnut Bottom Road, State Highway Route No. 33; thence by the center line of said Road, North 64 degrees East 84 feet to a point; thence South 23 degrees 50 minutes East along land now or formerly of Robert H. Frehn et ux, 125 feet to a stake; thence by the same, South 64 degrees West 84 feet to a stake at line of land now or formerly of Raymond E. Ott; thence by the same, North 23 degrees 50 minutes West 125 feet to a point in the center line of the Walnut Bottom Road, the place of BEGINNING. CONTAINING .195 an acre more or less. TRACT NO. 2: BEGINNING at an iron pin in the line of the right of way of the Philadelphia and Reading Railroad Company and lands now or formerly of Charles W. Meily and Violet L. Meily; thence along the said right of way, South 54 degrees 52 minutes West 48.48 feet; thence by land now or formerly of Rehoboth Methodist Church, North 23 degrees 35 minutes 40 seconds West 290.04 feet to an iron pin and land of the John W. Brannan and Faye L. Brannan, his wife; thence by the said land, North 63 degrees 55 minutes 10 seconds East 84.10 feet to an iron pin and land now or formerly of Charles W. Meily and Violet L. Meily; thence by the same, South 24 degrees 00 minutes 20 seconds East 16.05 feet to an iron pin; thence by the same, South 65 degrees 18 minutes West 2.19 feet to an iron pin; thence by the same, South 16 degrees 16 minutes East 270.10 feet to an iron pin, the place of BEGINNING. Prepared pursuant to a survey of Carl D. Bert, R.S., dated September 6, 1973. TITLE TO SAID PREMISES IS VESTED IN Ricky L. Little and Doris A. Little, h/w, by Deed from John W. Brannan, Jr., single person, dated 07/13/2007, recorded 07/17/2007 in Book 280, Page 4967. PREMISES BEING: 411 WEST MAIN STREET, WALNUT BOTTOM, PA 17266-9718 PARCEL NO. 41-32-2292-045 WRIT OF EXECUTION and/or ATTACHMENT t. COMMONWEALTH OF PENNSYLVANIA) NO 09-274 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION Plaintiff (s) From DORIS A. LITTLE RICKY L. LITTLE (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 $171,561.16 L.L. Interest from 4/25/2009 to Date of Sale ($28.20 per diem) -- $16,722.60 Atty's Comm % Atty Paid $941.72 Plaintiff Paid D4 te: 7/22/10 (.Seal) REQUESTING PARTY: Name: JAIME MCGUINNESS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP Due Prothy $2.00 Other Costs '?-Z David D. Buell, Pr thonotary By: ONE PENN CENTER, SUITE 1400 1617 HK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 90134 Deputy On September 22, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in South Newton Township, Cumberland County, PA, Known and numbered as, 411 West Main Street, Walnut Bottom, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 22, 2010 By: Real Estate Coordinator W e Patriot-News Co. 0 Technology Pkwy Suite 30th Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE j4fPatriot News 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 Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 she 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 she 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: 2009-274 Civil Term PHH Mortgage Corporation 10/15/10 Vs Doris A Little 10/22/10 Ricky L Little Atty: Daniel G Schmieg r 10/29/10 By virtue of a Writ of Execution NO \r ? . r ?).1. .... . CIVIL-09-274 . . . . PHH MORTGAGE CORPORATION VS. DORIS A. LITTLE ? Sworn to and subscribed before me this 10.day ld-?November, 2010 A.D RICKY L. LITTLE . T owner(s) of property situate in the South Newton Township, Cumberland County, Pennsylvania, being (Municipality) Notary Public 411 WEST MAIN STREET, WALNUT BOTTOM, PA 17266-9718 Parcel No. 41-32-2292-045 COMMONWEALTH OF PENNSYLVANIA (Acreage or street address) Improvements thereon: RESIDENTIAL DWE j Notaft _54151 I Sherrie L KLsner Publi NOb hi LLING JUDGMENT AMOUNT: $171,561.16 , Lower Paxton Twp., Daup j c County hin My Commission Expires Nov. 26, 2011 Member, Pennsylvania Association of Notaries 1 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA . ss. COUNTY OF CUMBERLAND : 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 22, October 29, and November 5, 2010 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. U sa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 5 da of November, 2010 C '?? Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL Writ No. 2009-274 Civil PHH Mortgage Corporation vs. Doris A. Little Ricky L. Little Atty.: Daniel G. Schmieg By virtue of a Writ of Execution NO. CIVIL-09-274, PHH MORT- GAGE CORPORATION vs. DORIS A. LITTLE, RICKY L. LITTLE, owners of property situate in the South New- ton Township, Cumberland County, Pennsylvania, being 411 WEST MAIN STREET, WALNUT BOTTOM, PA 17266-9718. Parcel No. 41-32-2292-045. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $171,561- .16. 77 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 Federal Natl Mtsz Assoc is the grantee the same having been sold to said grantee on the 2nd day of Februray A.D., 2011, under and by virtue of a writ Execution issued on the 22nd day of Jam, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 274, at the suit of PHH Mtg Corp against Ricky L & Doris A Little is duly recorded as Instrument Number 201108154. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ?-? day of -;?? " A.D.? Recorder of Deeds WCWVWftW 0=* CwWPA Expires9r FW Yon * of JwL 2014