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Home My WebLink About09-8921Phelan 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 urtenay 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 225327 PHH MORTGAGE CORPORATION 2001 BISHOP'S GATE BLVD MOUNT LAUREL, NJ 08054 V. Plaintiff MATTHEW W. SAMPLE 12 COLTON DRIVE, SHIPPENSBURG, PA 17257-8215 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. N - 8401 at v' T72-r CUMBERLAND COUNTY File #: 225327 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 225327 1. Plaintiff is PHH MORTGAGE CORPORATION 2001 BISHOP'S GATE BLVD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: MATTHEW W. SAMPLE 12 COLTON DRIVE, SHIPPENSBURG, PA 17257-8215 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 11/17/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR ERA HOME LOANS which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1974, Page 1510. 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2009 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 #: 225327 6 The following amounts are due on the mortgage: Principal Balance $205,018.17 Interest $9,331.52 05/01/2009 through 12/28/2009 (Per Diem $38.56) Attorney's Fees $1,300.00 Cumulative Late Charges $731.76 11/17/2006 to 12/28/2009 Cost of Suit and Title Search $550.00 Subtotal $216,931.45 Escrow Credit $0.00 Deficit $872.17 Subtotal 872.17 TOTAL $217,803.62 7. 8 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 #: 225327 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. Plaintiff hereby releases CHRISTINA M. SAMPLE from liability for the debt secured by the mortgage. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $217,803.62, together with interest from 12/28/2009 at the rate of $38.56 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. 0 c awrence 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 Attorneys for Plaintiff File #: 225327 LEGAL DESCRIPTION ALL the following described real estate, together with improvements thereon erected, lying and being situate in Southampton Township, Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING at an iron pin on the northerly edge of Colton Drive at corner of Lot A7 on plan of lots hereinafter referred to; thence along Lot A7, North 10 degrees 21 minutes 00 seconds West, 115 feet to an iron pin at Lot B 14; thence along Lot B 14 North 79 degrees 39 minutes 00 seconds East, 85 feet to an iron pin at corner of Lot A9 on plan of lots hereinafter referred to; thence along Lot A9, South 10 degrees 21 minutes 00 seconds East, 115 feet to an iron pin at the edge of Colton Drive; thence along the northerly edge of Colton Drive, South 79 degrees 39 minutes 00 seconds West, 85 feet to an iron pin, the place of BEGINNING BEING Lot A8, containing 9,775 square feet, on subdivision plan prepared by Carl D. Bert dated April 7, 2003, entitled'Land Subdivision for Rine Estates, Phase IV,' and recorded in Cumberland County, Pa., Plan Book 90, Page 124. UNDER AND SUBJECT to existing covenants, agreements, conditions, easements, restrictions and rights of record to the extent valid and enforceable and still applicable to the above-described premises. BEING THE SAME PREMISES which J. Gary Rine and Virginia B. Rine and Darrin G. Rine and Loretta L. Rine (Record Owners) and Rine and Rine Builders, Inc. (Equitable Owner), by their deed to be recorded simultaneously herewith in the Office of the Recorder of Deeds of Cumberland, granted and conveyed unto Matthew W. Sample. PREMISES BEING: 12 COLSTON DRIVE PARCEL#: 39-37-2092-135 File #: 225327 The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my 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 unswom falsifications to authorities. DATE: 1 ?$ 4 ttorney for Plaintiff File #: 225327 `; '2 +4,a.00 PI AT4 ce 8q a4l0 o13 54#4A IN THE COURT OF COMMON PLEAS MAY 14 2010 ~ ~ +~ CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION Court of Common Pleas Plaintiff v. Civil Division MATTHEW W. SAMPLE Defendant CUMBERLAND County : No. 09-8921-CIVIL TERM ORDER AND NOW, this (~ ~ day of /tia~.l , 2010, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $205,018.17 Interest Through June 2, 2010 $15,308.41 Per Diem $38.56 Late Charges $731.76 Legal fees $1,300.00 Cost of Suit and Title $745.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $92.75 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $1,392.64 TOTAL $224,588.73 Plus interest from June 2, 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. a A.~;u~~ /'2 . S'~,.y,~, (~ S/~Z ~ iv ~~ ~- ~. , ~~ ~,.,~~_ j~1+..1 ~i^ ti~ E~ BY TH COURT J. 225327 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-Jam, 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 Vs. GUMF??virS?L`???tA ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-8921-CIVIL TERM MATTHEW W. SAMPLE A/K/A CUMBERLAND COUNTY MATTHEW WALTER SAMPLE Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 225327 Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallman & Schmieg, LLP Attorytey for Plaintiff By: ? 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. 84,439 ? 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 Date: 8-31-10 PHS #: 225327 VERIFICATION Rate A. hereby states that he/she is - ' of, PHH MORTGAGE CORPORATION servicing agent for Plaintiff in m that h g this after. t e/she is authorized to take this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: Ali(o O 10 Ili I File 4: 225327 f Name: Yti?e?re 1-E tn?-? Title: q 1 Cam. Servicer: PHH MORTGAGE CORPORATION Name: SAMPLE Phelan Hallman & Schmieg, LLP rence 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-Jam, 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 L 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 VS. MATTHEW W. SAMPLE A/K/A MATTHEW WALTER SAMPLE Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-8921-CIVIL TERM : CUMBERLAND COUNTY CERTIFICATE OF SERVICE 1 hereby certify that a true 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: PHS #: 225327 MATTHEW W. SAMPLE A/K/A MATTHEW WALTER SAMPLE 12 COLTON DRIVE SHIPPENSBURG, PA 17257-8215 Phelan Hallman & Schmieg, LLP Atto6ey, for Plaintiff By: ? 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-Jam, 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 Date: 8-31-10 PHS #: 225327 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ;,,ajti~„ ~ sit ~ :.~~(rf~~ ~1~ Fb-~;~Iv'~~ Jody S Smith Chief Deputy Richard W Stewart Solicitor =; :.i ~Ji.11~1n CLP~f ~~--: "~~ ,~ ~~ v~ Y~+~11A P ~fvt~a,~ ~ ~. PHH Mortgage Corporation vs. Case Number Matthew W. Sample 2009-8921 SHERIFF'S RETURN OF SERVICE 04/06/2010 12:59 PM -Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on 4/6/10 a 1257 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Mathew W. Sample, located at, 12 Colton Drive, Shippensburg, Cumberland County, Pennsylvania according to law. 04/06/2010 12:59 PM -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: Matthew W. Sample, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Matthew W. Sample, defendant moved and did not leave a forwarding address with the post office, property is vacant. 05/27/2010 Property sale postponed to 9/8/2010. 08/27/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Schmieg on 8!27/10 SHERIFF COST: $656.03 August 27, 2010 SO ANSWERS, `~ . ~~ RON ~ R ANDERSON, SHERIFF 'a~~7~~ PHH MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff ~' ~ CIVIL DIVISION v. . NO. 09-8921.-CIVIL TERM MATTHEW W. SAMPLE Defendant(s) CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 PHH MORTGAGE CORPORATION, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 12 COLTON DRIVE„ SHIPPENSBURG, PA 17257-8215. Name and address of Owner(s) or reputed Owner(s): Name MATTHEW W. SAMPLE 2. 3 4 5. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 12 COLTON DRIVE SHIPPENSBURG, PA 17257-8215 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. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 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. Narrfe 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: N,~me TENANT/OCCUPANT Address (if address cannot be reasonably ascertained, please indicate) 12 COLTON DRIVE, SHIPPENSBURG, PA 17257-8215 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 Rine & Rine Builders, Inc. 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 45 Jumper Road Shippensburg, PA 17257-9723 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. March 5, 2010 By: ~ Attorney for Plaintiff Phelan Hallinan &Schmieg, LLP ^ wrence 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. N0.09-8921-CIVIL TERM MATTHEW W. SAMPLE CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: MATTHEW W. SAMPLE 12 COLTON DRIVE SHIPPENSBURG, PA 17257-8215 **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 12 COLTON DRIVE„ SHIPPENSBURG, PA 17257-8215 is scheduled to be sold at the Sheriff's Sale on 06/02/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $220,040.10 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 Z15-563-7000. 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 SHORT DESCRIPTION By virtue of a Writ of Execution N0.09-8921-CIVIL TERM PHH MORTGAGE CORPORATION vs. MATTHEW W. SAMPLE owner(s) of property situate in Southampton Township, Cumberland County, Pennsylvania, being (Municipality) 12 COLTON DRIVE, SHIPPENSBURG, PA 17257-8215 Parcel No. 39-37-2092-135 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $220,040.10 Phelan Hallman & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL the following described real estate, together with improvements thereon erected, lying and being situate in Southampton Township, Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING at an iron pin on the northerly edge of Colton Drive at corner of Lot A7 on plan of lots hereinafter referred to; thence along Lot A7, North 10 degrees 21 minutes 00 seconds West, 1 l 5 feet to an iron pin at Lot B 14; thence along Lot B 14 North 79 degrees 39 minutes 00 seconds East, 85 feet to an iron pin at corner of Lot A9 on plan of lots hereinafter referred to; thence along Lot A9, South 10 degrees 21 minutes 00 seconds East, 115 feet to an iron pin at the edge of Colton Drive; thence along the northerly edge of Colton Drive, South 79 degrees 39 minutes 00 seconds West, 85 feet to an iron pin, the place of BEGINNING BEING Lot A8, containing 9,775 square feet, on subdivision plan prepared by Carl D. Bert dated Apri17, 2003, entitled 'Land Subdivision for Rine Estates, Phase IV,' and recorded in Cumberland County, Pa., Plan Book 90, Page 124. UNDER AND SUBJECT to existing covenants, agreements, conditions, easements, restrictions and rights of record to the extent valid and enforceable and still applicable to the above-described premises. TITLE TO SAID PREMISES IS VESTED IN Matthew W. Sample, married, by Deed from Matthew W. Sample and Christina M. Sample, married, dated 03/24/2009, recorded 04/01/2009 in Instrument Number 200910044. PREMISES BEING: 12 COLTON DRIVE, SHI1'PENSBURG, PA 17257-8215 PARCEL N0.39-37-2092-135 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-8921 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION, Plaintiff (s) From MATTHEW W. SAMPLE (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 $220,040.10 L.L. $.50 Interest from 2/25/10 to Date of Sale ($36.67 per diem) -- $3,593.66 Atty's Comm Atty Paid $178.50 Plaintiff Paid Date: 3/9/10 (Seal) REQUESTfNG PARTY: Due Prothy $2.00 Other Costs ~~~ David D. Buell, Prothonotary By: Deputy Name: FRANCIS S. HALLINAN, ESQUIRE Address: PHELAN 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. 62695 On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Southampton Township, Cumberland County, PA, Known and numbered as, 12 Colton Drive, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 By: Real 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: April 16, Apri123, and Apri130, 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. `~~ ' f ~~ ~,.i 11r %~ sa Marie Coyne, Edit r Writ No. 2009-8921 Civil PHH Mortgage Corporation vs. Matthew W. Sample Atty: Daniel G. Schmieg By virtue of a Writ of Execution NO. 09-8921-CIVIL, PHH MORT- GAGE CORPORATION vs. MATTHEW W. SAMPLE, owner of property situate in Southampton Township, Cumberland County, Pennsylvania, being 12 COLTON DRIVE, SHIP- PENSBURG, PA 1 72 57-82 1 5. Parcel No. 39-37-2092-135. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $220,040- .10. SWORN TO AND SUBSCRIBED before me this 30 da of Aril, 2010 Notary NO 1L S DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 •' 'The Patriot-News Cq. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 1705b Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ~e~latriot News NOw you know 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 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 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: 04/16/10 WrR No. 2009-8921 CIvN Term , 04/23/10 PHH Mortgage!Corporatlon (` ~~. ~ -- 04/30/10 vs. Matthew W. Sample F Atty: Daniel G Schmleg , , , ~ ... ... °~_~~ _ . . By virtue of a Writ of Execution N0.09-8921- CIVIL TERM PHH MORTGAGE CORPORATION SWOrn t0 n subscribed before, a Is 1. day of May, 2010 A.D. vs. ~ r, / MATTH$W W. SAMPLE , af , Owner(s) of property situate in Southampton ` / l ~~ ~ t.-- % ~{` -= ~ -~. 1 t._ Township, Cumberland County, Pennsylvania, ~%' Notary Public ~~ being (Municipality) 12 COLTON DRIVE, SHIPPENSBURG, PA 17257-8215 Parcel No. 39-37-2092-135 COMMONWEALTH OF PENNSYLVANIA (Acreage or street address) NOtarlal Seal Improvements thereon: RESIDENTIAL Sherrie L Klstter, Notary Public DWELLING JUDGMENT AMOUNT: Lower Paxton Twp., Dauphin County $220,040.10 My Commission Expires Nov. 26, 2011 Member, PennsvNanla Association of Notaries