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2'r' ? A IN 22 Ph N: I
r'UMERLA D C6ujllr E `.
Paul D. Whitten and Shirley A. Whitten ?ENSYLV ?1
'TE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
Ty J. Whitten and Heather L. Whitten
NO. /.2 - 343 20
Defendant
: Civil Term
NOTICE TO DEFEND
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 AN ATTORNEY AND FILLING 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 JUDGEMENT 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 PEOPERTY
OR OTHER RIGHTS IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE
SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800 880-8108
717-249-3166
??0 3. 'YS f??L A{,l?r
K-
James Proctor Law Office, LLC
1580 Carlisle Pike
suite 11
Carlisle. PA 17013
717559.0123
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Paul D. Whitten and Shirley A. Whitten
Plaintiffs
V.
Ty J. Whitten and Heather L. Whitten
Defendants
CIVIL ACTION
MORTGAGE FORECLOSURE
NO.
COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiffs are Paul D. Whitten and Shirley A. Whitten, whose address is 631
Willow Grove Road, Carlisle, PA 17013.
2. Ty J. Whitten and Heather L. Whitten (hereinafter referred to as "Defendants")
are adult individuals and are the real owners of the property hereinafter described.
3. Defendants reside at 1545 McClure's Gap Road, Carlisle, PA 17015.
4. On January 27, 2006, in consideration of a loan in the principal amount of
$55,000.00, Defendants executed and delivered to Plaintiffs a fixed-rate note (the "Note") with
an initial interest rate at 4% per annum, and monthly payments of $500.00 commencing on
March 1, 2006, continuing each month until the maturity date of February 21, 2021. The Note
was not signed by any of the parties or witnesses listed on the document. A true and correct copy
of the Note is attached hereto and made a part hereof as Exhibit A.
On January 27, 2006, in consideration of $55,000.00 paid in hand by Defendants,
Kim J. Books and Cathy A. Locke, Co-Executrixes of the Estate of Benjamin D. Kutz, executed
and delivered an indenture ("Indenture") transferring the property hereinafter described to
Defendants. This Indenture was recorded on February 1, 2006 in the Recorder of Deeds in and
for the County of Cumberland in Book 272, Page 4985. A true and correct copy of the Indenture
is attached hereto and made a part hereof as Exhibit B.
6. To secure the obligations under the Note, Defendants executed and delivered to
Plaintiffs a mortgage ("Mortgage") dated January 27, 2006 and recorded on February 1, 2006 in
the Recorder of Deeds in and for the County of Cumberland in Book 1938, Page 4805. A true
and correct copy of the Mortgage is attached hereto and made a part hereof as Exhibit C.
7. The Mortgage secures the following real property ("Mortgaged Premises"): 1545
McClure's Gap Road, Carlisle, PA 17015. A copy of the legal description of the Mortgaged
Premises is attached hereto and made a part hereof as Exhibit D.
8. Defendants are in default of their obligation pursuant to the Note and Mortgage
because payments of principal and interest due July 1, 2006, November 1, 2006, November 1,
2007, January 1, 2008, and monthly thereafter are due and have not been paid, whereby the
whole balance of principal and all interest due thereon have become due and payable forthwith
together with late charges and costs of collection including reasonable attorney's fees.
9. The following amounts are due on the Mortgage and Note:
Balance of Principal $28,500.00
Accrued but Unpaid Interest 2,911.83
Accumulated Late Charges 1,425.00
Recoverable Balance $32,836.83
Reasonable Attorney's Fees 321.20
Court Fees 203.75
Total as of June 22, 2012 $33,361.78
Plus the following amounts accrued after June 22, 2012: Interest at the current rate of 4%
per annum ($3.66 per diem); late charge of 5% of the overdue payment of principal and interest;
any amounts expended for future recoverable advances; taxes and insurance along with
additional costs and attorney fees incurred in this foreclosure action.
10. During the course of this action, Plaintiffs may be obligated to make advances for
the payment of taxes, assessments, insurance premiums, and necessary expenses to preserve the
security, and such sums advanced under the terms of the Note and Mortgage, together with
interest, will be added to the amount due on the mortgage debt and secured by Plaintiffs'
Mortgage.
11. A pre-foreclosure notice was sent to Defendants on May 18, 2012, via certified
and regular mail. A true and correct copy of this pre-foreclosure notice is attached hereto and
made a part hereof as Exhibit E.
WHEREFORE, Plaintiffs demand an in rem judgment against Defendants for foreclosure
and sale of the Mortgaged Premises in the amount due as set forth in Paragraph 9 of this
Complaint, namely $33,361.78 plus the following amounts accruing after June 22, 2012 to the
date of judgment: (a) interest of $3.66 per diem; (b) late charges of 5% on any overdue payment
of principal and interest per month; (c) interest at the legal rate allowed on judgments after the
date of judgment; (d) additional attorney's fees (if any) hereafter incurred; (e) costs of suit; and
(f) any amounts expended for future recoverable advances, taxes, and insurance.
Date: June 22, 2012
J S L. PROCTOR, JR.
nAan rney for Plaintiffs Paul D.
hirlev A. Whitten
VERIFICATION
We, Paul D. Whitten and Shirley A. Whitten, hereby verify that the statements made
in the foregoing documents are true and correct to the best of our knowledge, information
and belief. We understand that any false statements made herein are subject to the penalties
of 18 Pa.C.S.A. § 4904 relating to unworn falsification to authorities.
Date: June 22, 2012 - {
PA D. WHITTEN
EY A. TTEN
MORTGAGE NOTE
$55,000.00
Carlisle, Pennsylvania
January 27, 2006
For Value Received, TY J. WHITTEN and. HEATHER L. WHITTEN, of Carlisle, Cumberland County,
Pennsylvania, (hereinafter called "the Obligor") promises to pay to the order of PAUL D. WHITTEN, I and
SHIRLEY A. WHITTEN, of Carlisle, Cumberland County, Pennsylvania, their heirs or assigns (hereinafter
calla! "the Obligee"), in lawful money of die United States of America, the sum of Fifty-five Thousand
Dollars (553,0110.00), and any additional monies loaned or advanced by the Obligor or any holder hereof as
hereinafter provided, as follows:
In monthly installments of Five Hundred Dollars (5500.00), said monthly installments to be applied first to
interest at the rate of four percent (49/6) per annum on the unpaid balance of principal and the remaining
portion of each such installment to reduction of principal, said monthly installments to be paid on or before the
first day of each month beginning Marcie 1, 2006. Any balance ofprineipal or interest remaining unpaid on
February 28, 2021, shall become due and payable on said date; and in addition thereto, in die event any
payment provided for herein shall not be made within fifteen (15) calendar days of its due date, Obligor agrees
to paya late charge offive percent (501a) of any such overdue payment; all payments to be made at 631 Willow
Grove Rd., Carlisle, Pennsylvania or elsewhere as shall be directed by the Obligee or any holder thereof.
Obligor shall have the right and privilege of paying as much more than the required monthly
installment of principal and interest as Obligor may desire, including the right to prepay this obligation in full
at any time without penalty.
This Note shall evidence and the Mortgage given to secure its payment shall cover and be security for
any future loans or advances that may be made to or on behalf of the Obligor by the Obligee or any holder
hereof at any time or times hereafter and intended by the Obligor and the then holder to be so evidenced and
secured, as well as any sums paid by any holder hereof pursuant to the terms of said Mortgage, and any such
loans, advances or payments shall be added to and shall bear interest at the same rate as the principal debt.
In case default be made for the space of thirty (34) days in the payment of principal, or in the
performance by the Obligor of any of the other obligations of this Note or said Mortgage, the entire unpaid
balance of the principal debt, additional loans or advances and all other sums paid by any holder hereof to or
on behalf of the Obligor pursuant to the terms of this Note or said Mortgage, shall at the option of the Obligee
or any holder and without notice become immediately due and payable, and one or more executions may
forthwith issue on any judgment or judgments obtained by virtue hereof, and no failure on the part of the
Obligee or any holder hereof to exercise any of the rights hereunder shall be deemed a waiver of any such
rights or of any default hereunder.
The Obligor hereby empowers any attorney of any court of record of the Commonwealth of
Pennsylvania to appear for the Obligor and, with or without complaint filed, confess judgment, or a series of
judgments, against the Obligor in favor of the Obligee or any holder hereof, as of any team, for the unpaid
balance ofthe principal debt, additional loans or advances and all other sums paid by the holder hereof to or on
behalf of the Obligor pursuant to the terms of this Note or said Mortgage, costs of suit and an attorney's
commission for collection of five percent (5019) of the total indebtedness or $200.04, whichever is the larger
amount, on which judgment or judgments one or more executions may issue forthwith upon failure to comply
with any of the terms and conditions of this Note or said Mortgage. The Obligor hereby forever waives and
releases all errors in said proceedings, waives stay of execution, the right of inquisition and extension of time
EXHIBIT A
of payment, arm to condemnation of any property levied upon by virtue of any such execution, and waives
all exemptions from levy and sale of any property that now is or hereaflar may be exempted by law.
It is further expressly understood and agreed dot the remedies ofthis obligation and the socampanying
Mortgage, for the enforeehreht of the payment of the pnnncgmd sum hereby secured, together with interest
thereon, and for the performance of the covenants, coaddiem s and agreements, matters and things herein
contained, are cumulative and eoncurant and may be pursued singly or succewively or together at the sole
discretion of the Obligee and may be exercised as often as occasion therefore shall occur.
Transfer of the Property, Aaamption. Hall or any part of the Property oran interact therein is sold or
fired by Obligor without Obligee's prior written consent, excluding (a) the creation of a lien or
encumbrance subordinate to said Mortgage, (b) the creation of a purchase money security interest for
household a ppliancea, (c) a traoafer of devise, desoent or by opeadm of law upon the dtin& of a joint tenant or
(d) the giant of any leasehold 1-1, e, - of three years or less not containing an option to peue bma, Obligati may,
at Obligee's option, declare all the sums secured by said Mafia to be immediately due and payable. Obligee
shall have waived such option to acoeleate if prior to &a sale or transiier, Obligee and the 1, 1 to whom the
property is sold or tiaosfared reach agreement in writing that die credit of such person is satisfactory to
Obligee and *At the interest payable on the sums secured by said Morigap doll be at such ate as Obligee
shall request. If Obligee has waived the option to accelerate provided in this paragraph, and if Obligors
successor in interest has executed a written assumption agreammt aeoepted in writing by Obligee, Obligee
shall Mean Obligor ftni all obligations under said Mortgage and this Note.
This obligation shall bind the Obligor and the Obligor's heirs, executors, administrators and assigns,
and the benefits hereof shall inure to the payee hereof and their suooearors and =arm Ifthis Noic is executed
by more than one person, the undatalrings and liability of each shall be joint and several.
This Note is secured by a Mortgage of eves date herewith upon real estate described therein.
Witness the due execution hereof the day and year first above written.
WITNESSED BY:
(SEAL)
Paul Bradford Orr, Esquire Ty J. Whitten
Robin L Starner
(SEAL)
Heather L Whitten
EXHIBIT A
Tax ID No.
F E S 1 1` ; 10 `I6 THIS IND
MADE THE 27th day of January in the year of our Lad Two Thousand Six (2006),
BETWEEN KIM J. BOOKS and CATHY A. LOCKE, Co-Exea? of the Estate of
BENJAMIN D. KUTZ, JR., deceased, late of Lower Frankford Township, Cumberland
County, Pennsylvania.
and TY J. WHITTEN and HEATHER L. WHITEN, husband and wife, of
NewviNe, Cumberland County, Pennsylvania,
,-1:
YYI-,.E_REAS, the said BENJAMIN D. KUTZ became in his libatime seized as of fee of
and in a certain lot or parcel of ground together with the buildings and improvements
thereon erected situste in Lower Frankford Township, Cumberland County,
Pennsylvania, and being so thereof seized departed this life on September 26, 2045;
and
WHEREAS, Letters Testamentary in said estate have been duly issued by the Register
of Wills in and for Cumberland County wherein Kim J. Books and Cathy A. Locke have
been appointed Co-Executrixes; and
W1 IEREAS, said Letters Testamentary remain in full force and eftect, and
WHEREAS, the within sale is made pursuant to Section 3351 of the Probate, Estate
and Fiduciaries Code.
NOW THIS INDENTURE WITNESSETH, that the said K'en J. Books and Cathy A.
Locke, Co-Execubbm of the Estate of Berya min D. Kutz, for and in consideration of the
sum of Filly-five Thousand ($55,000.00) Dollars in hand paid by the said Ty J. Whitten
and Heather L. Whitten, Grandees, has granted, bargained, sold, aliened, released and
confirmed, and by these presents does grant, bargain, sell, alien, release and confirm
unto to the said Grantees, Ty J. Whitten and Heather L. Whitten, their heirs and assigns
as tenants by the entirety:
ALL THAT CERTAIN tract of land located in Lower Fmnkkxd Township, Cumberland
County, Pennsylvania bounded and described as Mows:
boot 2"Z2-4 +Z-,82
EXHIBIT 13
BEGINUMiG at a point in the middle of McCkue's Gap Road; thence North 29 degrees
41 minutes 12 seconds Wiest a distance of 139 feet to a point in the middle of said
McClure's Gap Road; thence along a curve to the right a distance of 11 feet with a
radius of 1,450 feet to a point; thence a" land of the Grantors herein North 54
degrees 54 minutes 5 seconds East a distance of 184.24 fast; thence Wong land of the
Grantor North 79 degrees East a distance of 60 fleet; thence along lands of the said
Grantor South 29 degrees 2 minutes 58 second East a distance of 220 feet; thence
along lot number 1 of a previously submitted subdivision at plan book 34, page 19
South 79 degrees West a distance of 230 feet to a point being the place of
i?EGINN on G.
BENG lot number 2 of the subdivision plan for Casper Loyd recorded in Plan Book 46,
Page 56.
BEING the same premises which Casper P. Uoyd and Minta E. Loyd, by their Deed
dated November 9, 1984, and recorded in the Office of the Reorder of Deeds in and
for Cumberland County in Dead Book 7, VdNmie 30, Page 444, granted and conveyed
unto Benjamin D. Kutz, Jr. and Patricia L. Kutz, his wife, Patricia L. Kutz died on
September 16, 2005, thus vesting full fee simple We in Benjamin D. Kutz, Jr.
TOGETHER with all and singular buildings, improvements, ways, wafters, water-
ourses, rights, liberties, privileges. hereditaments and appurtenances whatsoever
thereunto belonging or in anywise appertaining, and the reversions and remainders,
rents, issues and profits thereof; and also all the estate, right, tittle, interest, use, trust,
property, possession, loan and demand whatsoever of the said Benjamin D. Kutz, Jr.
at and immediately before the time of his decease, in law or equity or otherwise
howsoever, of, in, to or out of the same:
TO HAVE AND TO HOLD the said buildings, improvements, hereditaments and
premises hereby granted and released, or mentioned and intended so to be, with the
appurtenanxes, unto the said Grantees, their hens and assigns, to and for the only
proper use and behoof of the said Grantees, their heirs or assigns, forever.
And the said Grantors do covenant, promise, and agree. to and with the said Grantees,
their heirs and assigns, by these presents, that the said Grantors has not done,
committed, or knowingly or willingly sufFered to be done, or committed, any act, matter,
or thing whatsoever, whereby the premises hereby granted, or any part thereof, is, are,
shall or may be impeached, changed or inc umbered, in title, charge or estate, or
otherwise howsoever.
EXHIBIT B 272
. .
the,dtip executio hereby the day, month and ear first
> D RED
E
I!
(SEAL) (SEAL)
KIM J. BOOKS CALOCKE
Kim J. Books and Cathy A. Locke, Co-Executrixes of
the Estate of Benjamin D. Kutz, Jr.
COMMONWEALTH OF PENNSYLVANIA
. SS.
COUNTY OF CUMBERLAND )
On this, the af7 -? day of 4f,?, a -,n a -- , 2006,
before me, the undersigned officer, persona r appeared Kim J. Books and Cathy A.
Locke, Co-Executrixes of the Estate of Benjamin D. Kutz, Jr., known to me (or
satisfactorily proven) to be the person described in the foregoing instrument, and
acknowledged that he executed the same in the capacity therein stated and for the
purposes therein contained.
In witness whereof, I hereunto set my hand and official seal.
(SEAL)
Comm wealth Of Penns is
NorwW seal ' 1
Lary,1,w, t
,
y
4tiR?M?
* mart EJq*w 1 Ray 13.2W7 t t X t '.
f C
EXHIBIT B
CERTIFICATE OF RESIDENCE
Paul Bradford Orr does hereby certify that the precise residence and complete post
office address of the within named Grantee is
Ty J. Whitten and Heather L. Whittenn
i5q? 6-,4 CoK"UE 1-7vt3
Date: _---?,i-
Attorney for PAUL BRADFORD QUI
Cvmberland County Retarder of Deeds
Instrument Filing
ReceiptR 552628
1rstri 2006-03448 2/01/2006 10:51:02
I Cel41L j LIIiJ , ' .': , . ' Remarks: PAIL B WA
Tn Cunib::rl:=; ; -': c<<Y??': ` aHiTTEN
- _ LIED 11.50
?-;
.-? r .• ri DEED - VRIT .50
DEED - ITT STATE =50.00
BIG SPRING 2715.00
Recorder of Deeds LKR FRMKFM Tu 275.00
DEED _ A/H 11.50
J.C.S. ! A.T.J. 10.00
CO II!PROVEM84T FND 2.00
REC. IMPRYNT FUND 3.00
Check! 1493 1863.50
CheckA 1492 #215.00
Total Receiwd....... $1,138.50
boax 272 PAGt4bM
EXHIBIT B
3 cf.`t9 0-
V
?do
MORTGAGE
fH 1 W 1Q `-6 E this 27* day of January, 2006:
BETWEEN
TY W]HrMN and HEATHER WRITTEN, husband and wife, of 1545 McClure's Cap Rd.,
Carlisle, Cumberland County, Pennsylvania, (hereinafter, whether one or more, card "Mortgagor")
And
PETE WRITTEN and SHH"Y WHPTTEN, husband and wife, of 631 Willow (trove Rd.,
Carlisle, Cumberland County, Pennsylvania, (hereinefter, whether one or more, called "Mortgagee")
WHEREAS, Mortgagor has executed and delivered to Mortgagee a certain Mortgage Note
(hereinafter called the "Note") of even date herewith, payable to the order of Mortgagee in the
principal sum of Fifty-five Thousand Dollars (555,000.00), lawful money of the United States of
America, within ten (10) years from the date hereof; and has provided therein for payment of any
additional monies loaned or advanced thereunder by Mortgagee, together with inmost thereon at the
rate provided in the Note, in the manner and at the times therein set forth, and training certain
other terms and conditions, all of which are specifically incorporated herein by referee;
NOW I Hffi WORE, Mortgagor, in coon of said debt or principal sum and as
security for the payment of the some and interest as aforesaid, together with all other sums payable
hereunder or under the terms of the Note, does grant and convey unto Mortgagee, its successors and
assigns:
SEE DESCRIPTION ATTACHED
Together with the buildings and improvanahts erected dxreon, the "" Iexhs iixs thereunto
belonging and the reversions, remainders, cents, issues and profits thereof. -
To have and to hold the same unto Mortgagee, their heirs and assigns, forever.
Provided, however, that if Mortgagor shall pay to Mortgagee the aforesaid debt or principal
sum, including additional loans or advances and all other sums Wyabk by Mor%W to Mortgagee
hereunder and under the terms of the Note, together with interest thereon, and shall keep and perform
each of the other covenants, conditions and agreements hereinafter set forth, then this Mortgage and
the estate hereby granted and conveyed shall become void.
BK 19 3 8 PG 4 8 0 2 EXHIBIT C
;y
This Mortgage is executed and delivered subject to the following covenants, conditions and
agreements:
(1) The Note secured hereby shall evidence and this Mortgage shall cover and be security for
any future loans or advances that may be made by Mortgagee to Mortgagor at any time or times
hereafter and intended by Mortgagor and Mortgagee to be so evidenced and secured, and such loans
and advances shall be added to the principal debt
(2) From time to time until said debt and interest are fully paid, Mortgagor shall: (a) pay and
discharge, when and as the same shall become due and payable, all taxes, assessments, sewer and
water rents, and all otter charges and claims assessed or levied from time to time by any lawful
authority upon any part of the mortgaged premises and which shall or might have priority in lien or
payment to the debt secured hereby, (b) pay all ground rods reserved from the mortgaged premises
and pay and discharge all mechanics' liens which may be filed against said premises and which shall
or might have priority in lien or payment to the debt seared hereby, ® pay and discharge any
documentary stamp or other tax, including interest and penalties thereon, if any, now or hereafter
becoming payable on the Note evidencing the debt secured hereby, (d) provide, renew and keep alive
by paying the necessary premiums and charges thereon such policies of hazard and liability insurance
as Mortgagee may Ervin time to time require upon the buildhags and improvements now or hereafter
erected upon the mortgaged premises, with loos payable clauses m favor of Mortgagor and
Mortgagee as their respective interests may appear, and (e) promptly submit to Mortgagee evidence
of the due and punctual payment of all the foregoing chi; provided, however, that Mortftee
may at their option require that sums sufficient to discharge the foregoing charges be paid in
installments to Mortgagee.
(3) Mortgagor shall maintain all buildings and imptoveraats subject to this Mortgage in
good and substantial repair, as determined by Mortgagee. Mortgagee shall have the right to enter
upon the mortgaged premises at any reasonable hour for the purpose of inspecting the order,
condition and repair of the buildings and its erected thereon.
(4) In the event Mortgagor neglects or re-fum to pay the charges mentioned at (2) above, or
fails to maintain the buildings and improvements as aforesaid, Mortgagee may do so, add the cost
thereof to the principal debt secured hereby, and collect the sane as a part of said principal debt
(5) Mortgagor coverards and agrees not to create, nor permit to accrue, upon all or an part of
the mortgaged premises, any debt, lien or charge which would be prior to, or on a parity with, the
lien of this Mortgage.
(6) In case default is made for the space of thirty (30) days in the payment of any installment
of principal or interest pursuant to the terms of the Note, or in the performance by Mortgagor of any
of the other obligations of the Note or this Mortgage, the entire unpaid balance of send principal stem,
additional loans or advances and all other sums paid by Mortgagee pursuant to the terms of the Note
or this Mortgage, together with unpaid interest thereon, shall at the option of Mortgagee and without
notice become immediately due and payable, and foreclosure proceedings may be brought forthwith
on this Mortgage and prosecuted to judgment, execution and sale for the collection of the same,
together with costs of suit and an attorney's commission for collection of five percent (5%) of the
total indebtedness or $200.00, whichever a the larger amount, Mortgagor hereby forever waives and
res???>gr s??.pgoc?eodmga, waives stay of acectition, the right of inquisition and extension
dl(I 4 t? r? EXHIBIT C
of time of payment, agrees to condemnation of any property levied upon by virtue of any such
execution, and waives all exemptions from levy and sale of any property that now is or hereafter may
be exempted by law.
(7) Transfer of the Property; Assumption. If all or any part of the Property or an interest
therein is sold or transferred by Mortgagor without Mortgagee's prior written consent, excluding (a)
the creation of a lien or encumbrance subordinate to this Mortgage, (b) the creation of a purchase
money security interest for household appliances, 0 a transfer of devise, descent or by operation of
law upon the death of a joint tenant or (d) the grant of any leasehold interest of three years or less not
containing an option to purchase, Mortgagee may, at Mortgagee's option, declare all the sums
secured by this Mortgage to be immediately due and payable. Mortgagee shall have waived such
option to accelerate if prior to the sale or transfer, Mortgagee and the person to whom the property is
sold or transferred reach agreement in writing that the credit of such person is satisfactory to
A4ortgagee and that the interest payable on the sums secured by this Mortgage shall be at such rate as
Mortgagee shall request. If Mortgagee has waived the option to accelerate provided in this
paragraph, and if Mortgagor's successor in interest has executed a written assumption agreement
accepted in writing by Mortgagee, Mortgagee shall release Mortgagor from all obligations under this
Mortgage and the Note.
The covenants, conditions and agreements contained in this Mortgage shall bind, and the
benefits thereof shall inure to, the respective parties hereto and their respective heirs, executors,
administrators, successors and assigns, and if this Mortgage is executed by more than one person„ the
undertakings and liability of each shall be joint and several.
ess the ue x ution hereof the day and year first above written.
I SS Y:
(kAL)
Ph?i Bradford Orr E uire , tten
C t/ (SEAL)
R in L. Starner Heather Whitten
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
. SS.
of A
A;- , 2006, before me, the
On this, the ?N I, day. 0-n w-
undersigned officer, personally appearsi ,? nnc'-{~t „,?,
satisfactorily proven to me to be the persons whose names are subscribed to the in Mortgage,
and acknowledged that they executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hreui sny and official seal.
eommonweam Of Penns nia ,r
Nota"seat
K?9NoWy Pubbfc
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yg116R1 ? c w.w. . ?. ih .f .y • f.., 5 j
M!?Q nwssion aom Wy 13.20D? 'V , Notary Public
Wn of
Notam's
,,
1 ?
ALL THAT CERTAIN tract of land located in Lower FraMord Township, Cumberland
County, Pennsylvania bounded and described as follows:
BEGINNING at a point in the middle of McClure's Gap Road, thence North 29 degrees 41
minutes 12 seconds West a distance of 139 feet to a point in the middle of said McClure's Gap
Road; thence along a curve to the right a distance of 11 feet with a radius of 1,450 feet to a point;
thence along lands of the Grantors herein North 54 degrees 54 minutes 5 seconds East a distance
of 164.24 feet; thence along land of the Grantor North 79 degrees Fast a distance of 60 fret;
thence along lands of the said Grantor South 29 degrees 2 minutes 58 seconds East a distance of
220 feet; thaux along lot mmuber 1 of a previously submitted subdivision at plan book 34, page
19 South 79 degrees West a distance of 230 feet to a point being the place ofBEGINNING.
BEING lot number 2 of the subdivision plan for Casper Lloyd recorded m Plan Book 46, Page
56.
BEING the same premises which Casper P. Lloyd and Wnta E. Lloyd, by their Deed dated
November 9, 1984, and recorded in the Office of the Recorder of Deeds in and for Cumberland
County in Deed Book Z, Volume 30, Page 444, granted and conveyed unto Benjamin D. Kurtz, Jr.
and Patricia L. Kutz, his wife, Patricia L. Kutz died on September 16, 2005, thus vesting full fee
simple title in Benjamin D. Kutz, Jr.
TOGETHER with all and singular buildings, improvements, ways, waters, wategcourse.?,
rights, liberties, privileges, hereditaments and appurtenances wlats?oever dweuunto belonging or
in anywise mining, and the reversions and remainders, rents, issues and profits thereof,- and
also all the estate, right, title, mtmvst, use, trust, property, possession, claimand demand
whatsoever of the said Benjamin D. Kutz, Jr. at and innmediately before the time of his decease,
in law or equity or otherwise howsoever, of, in, to or out of the same:
tameata and premises
TO HAVE AND TO HOLD the said buildings, ner"M-M.
hereby granted and released, or mentioned and intended so to be, with the appurtelwaoes, unto
the said Grantees, their heirs and assigns, to and for the only proper use and behoof of the said
Grantees, their heirs or assigns, forever.
And the said Grantors do covenant, promise, and agree, to and with the said Grantees, their heirs
and assigns, by these presents, that the said Grantors has not done, committed, or knowingly or
willingly suffered to be done, or committed, any act, matter, or thing wh atmver, whereby the
premises hereby granted, or any part thereof, is, are, shall or may be impeached, charged or
incumbered, in title, charge or estate, or otherwise howsoever.
ill Cunlberlari_.= County PA
Recorder of Deeds
OK 1938PG4805 ExxMrrc
All that certain tract of land located in Lower Frankford Township, Cumberland County,
Pennsylvania bounded and described as follows:
Beginning at a point in the middle of McClure's Gap Road; thence North 29 degrees 41
minutes 12 seconds West a distance of 139 feet to a point in the middle of said McClure's
Gap Road; thence along a curve to the right a distance of 11 feet with a radius of 1,450
feet to a point; thence along lands of the Grantors herein North 54 degrees 54 minutes 5
seconds East a distance of 164.24 feet; thence along land of the Grantor North 79 degrees
East a distance of 60 feet; thence along lands of the said Grantor South 29 degrees 2
minutes 58 seconds East a distance of 220 feet; thence along lot number 1 of a previously
submitted subdivision at plan book 34, page 19 South 79 degrees West a distance of 230
feet to a point being the place of beginning.
Being lot number 2 of the subdivision plan for Casper Lloyd recorded in Plan Book 46,
Page 56.
Parcel Identifier: 14-06-0023-016
For informational purposes only - Property also known as:
1545 McClure's Gap Road
Carlisle, PA 17015
Title to said premises is vested in Ty J. Whitten and Heather L. Whitten, his wife, by
deed from Kim J. Books and Cathy A. Locke, Co-Executrixes of the Estate of Benjamin
D. Kutz, Jr., deceased, dated January 27, 2006 and recorded February 1, 2006 in Book
272, Page 4985.
EXHIBIT D
May 18, 2012
James Proctor Law Office, LLC
Mr. Ty J. Whitten
Mrs. Heather L. Whitten
1545 McClure's Gap Road
Carlisle, PA 17015
RE: NOTICE OF INTENTION TO FORECLOSE MORTGAGE
$55,000 Note, dated January 27, 2006
Borrowers: Ty J. Whitten and Heather L. Whitten
Dear Mr. and Mrs. Whitten,
NOTICE OF INTENTION TO FORECLOSE MORTGAGE
The MORTGAGE held by Paul D. Whitten and Shirley A. Whitten (hereinafter we, us or ours)
on your property located at 1545 McClure's Gap Road, Carlisle, Pennsylvania, IS IN SERIOUS
DEFAULT because you have not made the monthly payments of for the months of July 2006, November
2006, November 2007, and January 2008 through May 2412_
Late charges and other charges have also accrued to this date in the amount of $3,749.24. The
total amount now required to cure this default, or in other words, get caught up in your payments, as of
the date of this letter, is $31,749.24.
You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the
above amount of $31,749.24, plus any additional monthly payments and late charge which may fall due
during this period. Such payment must be made either by cash, cashiers check, certified check or money
order, and made at 631 Willow Grove Rd., Carlisle, PA 17013.
If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to
accelerate the mortgage payments. This means that whatever is owing on the original `amount borrowed
will be considered due immediately and you may lose the chance to pay off the original mortgage in
monthly installments- If full payment of the amount of default is not made within THIRTY (30) DAYS,
we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the
mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt.
If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against
you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if
legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they
are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our
reasonable costs. if you cure the default within the thirty-day period, you will not be requbvd to pay
attorneys fees.
We may also sue you personally for the unpaid principal balance and all other sums dine under the
mortgage. If you have not cured the default within the thirty-day period and foreclosure proceedings have
begun, you still have the right to cure the default and prevent the .sole at any time up to one hour before
the Sherds foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments
plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected
with the foreclosure sale and perform any other requirements under the mortgage. It is estimated that the
earliest date that such a Sheriff's sale could be held would be approximately September 15, 2012. A
notice of the date of the Sheriff sale will be sent to you before the sale. Of course, the amount needed to
cure the default will increase the longer you wait You may find out at any time exactly what the required
payment will be by calling our attorney, James Proctor, at the following number: (717) 559-0123. This
EXHIBIT E
1580 Ritner Highway, Suite 11, Carlisle, PA 17013 717.559.0123
lames Proctor Lave Office, LLC
Ty J. Whitten and Heather L. Whitten
May I8, 2012
payment must be in cash, cashier's check, certified check or money order and made payable to us at the
address stated above.
You should realize that a Sherif€'s sale will end your ownership of the mortgaged property and
your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be
started to evict you.
You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO
BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU
HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON
YOUR BEHALF.
lfyou cure the default; the mortgage will be restored to the same position as ifno default had
occurred. However, you are not entitled to this right to cure your default more than three times in any
calendar year
Very truly yours,
t -
L. Proctor, Jr.
Att y for Paul D. and Shirley A. Wh n
cc: Paul D. and Shirley A. Whitten
EXHIBIT E
1580 Ritner Highway, Suite 11. Carlisle, PA 17013 717.559.0123
FORM 1
Paul D. Whitten
Shirley A. Whitten
Plaintiff(s)
VS.
Ty J. Whitten
Heather L. Whitten
Defendant(s)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
J2,3--/72L-3 oL Civil er ?k*n
NOTWE OF RESfDE ML MODTOA W FORECLOSURE
DIVERSitON 091111"Alt M
You have been served with a foreclosure complaint that could cause you to lose your home.
if you own and live in the residential property which is the subject of this foreclosure action, you may be able to
participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender.
H you do not have a lawyer you must twice the following steps to be eligible for a
conaiHadon conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal
Services at (717)243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative,
at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal
representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal
representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If
you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will
prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days
of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference is scheduled, you will have an
opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender
before the mortgage foreclosure suit proceeds forward.
If you are represented by a lawyer, you and your lawyer must take the following sops to
be eligible for a conciliation confenmce. It is not necessary for you to contact MidPenn Legal Service for the
appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that
a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format
attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed
with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation
conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out
reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward.
IF YOU *73// TO SAVE YOUR NOME, YOU MUST ACT QUICKLY AND TAKE THE
STEPS REQUIRED BY THIS NOTi!CF- THIS PROGRAM /S FREE.
`Respectfully submitted:
VE
June 22, 2012
Date re of Counsel for Plaintiff
f
FORM 2
CumbKland County Rosldwnfal Afor[gRp Foneedoswr Divemilon PnnPum
Finanala/ WodwhOOt
Date
Cumberland County Court of Common Pleas Docket #
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance, your lender must consider your circumstances to determine
possible options while working with your
Please provide the following information to the best of your knowledge:
Borrower name (s):
Address:
ert
Pro
y
p
City:
Is the property for sale? Yes ? No ?
Realtor Name:
Borrower Occupied: Yes E] No[-]
Mailing Address (if different)
City:
Phone Numbers: Home:
Cell:
Email:
# of people in household: How
Mailing Address:
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
# of people in household: How long?
First Mortgage Lender:
Type of Loan:
Loan Number: Date You Closed Your Loan:
Second Mortgage Lender:
Type of Loan:
Loan Number:
Total Mortgage Payments Amount: $ Included Taxes and Insurance:
Date of Last Payment:
Primary Reason for Default:
Listing date:
State: Zip: _
Price: $
Realtor Phone:
State: Zip: _
Office:
Other:
is the loan in Bankruptcy? Yes ? No ? If yes, provide names, location of court, case number & attorney:
Assets Amount Owed:
Home: $
Other Real Estate: $
Retirement Funds: $
Investments: $
Checking: $
Savings: $
Other: $
Automobile #1: Model:
Amount owed: Value:
Automobile #2: Model:
Amount owed: Value:
Other transportation (automobiles boats motorcycles): Model: -
Year: Amount owed: Value:
Monthhr Income
Name of Employers:
I - -
2.
3.
Additional Income Description (not wages):
1.
2.
Borrower Pay Days:
Value:
$
S
Monthly Gross
Monthly Gross
Monthly Gross
Monthly Amount: _
Monthly Amount: _
Co-Borrower Pay Days:
WHIT MN cjqnc?; lrlcd3c W
EXPENSE 1 sly m'.w%ac cn?cnaw .w o..?
AMOUNT ......., ,.
EXPENSE
AMOUNT
Mortgage Food
2 Mortgage Utilities
Car Payment(s) Condo/Neigh. Fees
Auto Insurance Med. (not covered)
Auto fuel/repairs Other Pro. Payment
Install. Loan Payment Cable TV
Child Support/Alim. Spending Money
Day/Child Care/Tuit. Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income and Expenses:
Have you been working with a Housing Counseling Agency?
Yes ? No ?
If yes, please provide the following information:
Counseling Agency:
Counselor:
Phone (Office):
Email:
Year:
Year:
Monthly Net
Monthly Net
Monthly Net
Fax:
Have you made application for Homeowners Emergency Mortgage Assistance Program
(HEMAP) assistance?
Yes ? No ?
If yes, please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your
delinquency?
Please provide the following information, if know, regarding your lender or lender's loan
servicing company:
Lender's Contact (Name):
Phone:
Servicing Company (Name):
Contact: Phone:
authorize the above
I/We,
named to use/refer this information to my lender/servicer for the sole
purpose of evaluating my financial situation for possible mortgage options. I/we
understand that I/we am/are under no obligation to use the services provided by the above
named
Borrower Signature
Borrower Signature
Date
Date
Please forward this document along with the following information to lender and
lender counsel:
V Proof on income
V Past 2 bank statements
V Proof of any expected income for the last 45 days
V Copy of a current utility bill
V Letter explaining reason for delinquency and any supporting documentation
V (hardship letter)
Listing agreement (if property is currently on the market)
V Copy of 2 years of federal income tax returns
V Copy of deed
FORM 3
Paul D. Whitten
Shirley A. Whitten
Plaintiff(s)
VS.
Ty J. Whitten
Heather L. Whitten
Defendant(s)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
REQUEST FOR CONCILIATION CONFERENCE
Civil
Pursuant to the Administrative Order dated , 2012 governing the Cumberland
County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as
follows:
1. Defendant is the owner of the real property which is the subject of this mortgage
foreclosure action;
2. Defendant lives in the subject real property, which is defendant's primary
residence;
3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion
Program: and has taken all of the steps required in that Notice to be eligible to participate in a
court-supervised conciliation conference.
The undersigned verifies that the statements made herein are true and correct. I understand that
statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to
authorities.
Signature of Defendant's Counsel/Appointed
Legal Representative
Signature of Defendant
Date
Date
Signature of Defendant Date
Paul D. Whitten
Shirley A. Whitten
Plaintiff(s)
VS.
Ty J. Whitten
Heather L. Whitten
Defendant(s)
FORM 4
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SASE MANAGEMENT ORDER
Civil
AND NOW, this day of , 20 , the defendant/borrower in
the above-captioned residential mortgage foreclosure action having filed a Request for
Conciliation Conference verifying that the defendant/borrower has complied with the
Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby
ORDERED AND DECREED that:
1. The parties and their counsel are directed to participate in a court-supervised
conciliation Conference on at . M. in
at the Cumberland County Courthouse, Carlisle, Pennsylvania.
2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the
defendant/borrower must serve upon the Plaintiff/lender and its counsel a copy of the
"Cumberland County Residential Mortgage Foreclosure Diversion Program Financial
Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon
agreement of the parties in writing or at the discretion of the Court, the Conciliation
Conference ordered may be rescheduled to a later date and/or the date upon which
service of the completed Form 2 is to be made may be extended. Upon notice to the
Court of the defendant/borrower's failure to serve the completed Form 2 with the
time frame set forth herein or such other date as agreed upon by the parties in writing
or ordered by the Court, the case shall be removed from the Conciliation Conference
schedule and the temporary stay of proceedings shall be terminated.
3. The defendant/borrower and counsel for the parties must attend the Conciliation
Conference in person and an authorized representative of the plaintiff/lender must
either attend the Conciliation Conference in person or be available by telephone
during the course of the Conciliation Conference. The representative of the
plaintiff/lender who participates in the Conciliation Conference must possess the
actual authority to reach a mutually acceptable resolution, and counsel for the
plaintiff/lender must discuss resolution proposals with the authorized representative
in advance of the Conciliation Conference. If the duly authorized representative of
the plaintiff/lender is not available by telephone during the Conciliation Conference,
the court will schedule another Conciliation Conference and require the personal
attendance of the authorized representative of the plaintiff/lender at the rescheduled
Conciliation Conference
4. At the Conciliation Conference, the parties and their counsel shall be prepared to
discuss and explore all available resolution options which shall include: bringing the
mortgage current through a reinstatement; paying off the mortgage; proposing a
forbearance agreement or repayment plan to bring the account current over time;
agreeing to tender a monetary payment and to vacate in the near future in exchange
for not contesting the matter; offering the lender a deed in lieu of foreclosure;
entering into a loan modification or a reverse mortgage; paying the mortgage default
over sixty months; and the institution of bankruptcy proceedings.
5. All proceedings in this matter are stayed pending the completion of the scheduled
conciliation conference.
BY THE COURT,
J.
rlLEO-JFFIC,c
2912 JUL --2 PM h: 14
CU PE NNSYLVANIA T Y
Paul D. Whitten and Shirley A. Whitten
: IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
Ty J. Whitten and Heather L. Whitten
Defendant
NO. 2012-03932 2012
: Civil Tenn
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 AN ATTORNEY AND FILLING 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 JUDGEMENT 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 PEOPERTY
OR OTHER RIGHTS IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE
SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
14004®90.0108
717-249-3166
James Proctor Law Office, LLC
1580 Carlisle Pike
Suite 11
Carlisle, PA 17013
717.559.0123
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Paul D. Whitten and Shirley A. Whitten
Plaintiffs
V.
Ty J. Whitten and Heather L. Whitten
Defendants
CIVIL ACTION
MORTGAGE FORECLOSURE
NO. 2012-03932
FIRST AMENDED COMPLAINT IN MORTGAGE FORECLOSURE
1. This First Amended Complaint is submitted to correct the omission of accelerated
principal made in the Complaint filed by Plaintiffs on June 22, 2012. In addition, totals for
missed payments, unpaid interest, late charges, and per diem interest have been updated to
amounts due as of July 2, 2012.
2. Plaintiffs are Paul D. Whitten and Shirley A. Whitten, whose address is 631
Willow Grove Road, Carlisle, PA 17013.
3. Ty J. Whitten and Heather L. Whitten (hereinafter referred to as "Defendants")
are adult individuals and are the real owners of the property hereinafter described.
4. Defendants reside at 1545 McClure's Gap Road, Carlisle, PA 17015.
5. On January 27, 2006, in consideration of a loan in the principal amount of
$55,000.00, Defendants executed and delivered to Plaintiffs a fixed-rate note (the "Note") with
an initial interest rate at 4% per annum, and monthly payments of $500.00 commencing on
March 1, 2006, continuing each month until the maturity date of February 21, 2021. Late charges
were specified as 5% of the installment due. The Note was not signed by any of the parties or
witnesses listed on the document. A true and correct copy of the Note was attached to the
Complaint as Exhibit A.
6. On January 27, 2006, in consideration of $55,000.00 paid in hand by Defendants,
Kim J. Books and Cathy A. Locke, Co-Executrixes of the Estate of Benjamin D. Kutz, executed
and delivered an indenture ("Indenture") transferring the property hereinafter described to
Defendants. This Indenture was recorded on February 1, 2006 in the Recorder of Deeds in and
for the County of Cumberland in Book 272, Page 4985. A true and correct copy of the Indenture
was attached to the Complaint as Exhibit B.
7. To secure the obligations under the Note, Defendants executed and delivered to
Plaintiffs a mortgage ("Mortgage") dated January 27, 2006 and recorded on February 1, 2006 in
the Recorder of Deeds in and for the County of Cumberland in Book 1.938, Page 4805. A true
and correct copy of the Mortgage was attached to the Complaint as Exhibit C.
8. The Mortgage secures the following real property ("Mortgaged Premises"): 1545
McClure's Gap Road, Carlisle, PA 17015. A copy of the legal description of the Mortgaged
Premises was attached to the Complaint as Exhibit D.
9. Defendants are in default of their obligation pursuant to the Note and Mortgage
because payments of principal and interest due July 1, 2006, November 1, 2006, November 1,
2007, January 1, 2008, and monthly thereafter are due and have not been paid, whereby the
whole balance of principal and all interest due thereon have become due and payable forthwith
together with late charges and costs of collection including reasonable attorney's fees.
10. The following amounts are due on the Mortgage and Note:
Missed Payments $29,000.00
Accrued but Unpaid Interest 2,945.13
Accumulated Late Charges 1,450.00
Total Missed Payments, Interest, and Late Charges $33,395.13
Remaining Principal (Acceleration) 27,254.08
Reasonable Attorney's Fees 321.20
Court Fees 203.75
Total as of July 2, 2012 $61,174.16
Plus the following amounts accrued after July 2, 2012: Interest on the total due as of July
2, 2012 at the current rate of 4% per annum (currently $6.80 per diem); late charge of 5% of each
subsequent missed payment of principal and interest, plus interest on those missed payments; any
amounts expended for future recoverable advances; taxes and insurance along with additional
costs and attorney fees incurred in this foreclosure action.
11. During the course of this action, Plaintiffs may be obligated to make advances for
the payment of taxes, assessments, insurance premiums, and necessary expenses to preserve the
security, and such sums advanced under the terms of the Note and Mortgage, together with
interest, will be added to the amount due on the mortgage debt and secured by Plaintiffs'
Mortgage.
12. A pre-foreclosure notice was sent to Defendants on May 18, 2012, via certified
and regular mail. A true and correct copy of this pre-foreclosure notice was attached to the
Complaint as Exhibit E.
13. A Notice of Residential Mortgage Foreclosure Diversion Program was included
with the Complaint pursuant to 42 Pa.B. 1662.
14. Plaintiffs contacted Defendant Ty J. Whitten on April 16, 2012, in person, to seek
an agreement to amend the Complaint. Defendant Ty J. Whitten concurred with the request to
file this Amended Complaint.
WHEREFORE, Plaintiffs demand an in rem judgment against Defendants for foreclosure
and sale of the Mortgaged Premises in the amount due as set forth in Paragraph 9 of this
Complaint, namely $61,174.16 plus the following amounts accruing after July 2, 2012 to the date
of judgment: (a) interest of $6.80 per diem; (b) late charges of 5% of any subsequent missed
payment of principal and interest per month, plus interest on those missed payments; (c) interest
at the legal rate allowed on judgments after the date of judgment; (d) additional attorney's fees
(if any) hereafter incurred; (e) costs of suit; and (f) any amounts expended for future recoverable
advances, taxes, and insurance.
Date: July 2, 2012 'V-
S L. PROCT R, JR.
'A rney for Plaintiffs Paul D.
Shirley A. Whitten
VERIFICATION
We, Paul D. Whitten and Shirley A. Whitten, hereby verify that the statements made
in the foregoing documents are true and correct to the best of our knowledge, information
and belief. We understand that any false statements made herein are subject to the penalties
of 18 Pa.C.S.A. § 4904 relating to unworn falsification to authorities.
Date: July 2, 2012 --
PAUL D. WHITTEN
*-LkY ? A. TTEN
James Proctor Law Office, LLC
1580 Carlisle Pike
Suite 11
Carlisle, PA 17013
717.559.0123
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Paul D. Whitten and Shirley A. Whitten
CIVIL ACTION
Plaintiffs
V.. MORTGAGE FORECLOSURE
Ty J. Whitten and Heather L. Whitten
NO. 2012-03932
Defendants
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the First Amended Complaint was served
on Defendants this 2nd day of July 2012 by First Class mail, U.S. Postage Prepaid at the
following address:
Ty J. Whitten
1545 McClure's Gap Road
Carlisle, PA 17015
Jrrley C R, JR.
ntiffs Paul D. en
an hitten
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
A Li:.U" 0C a lO'
2012 Jul 16 AM 8.4 8
CU PENNS L VAS A T'
OFPICE (f TlaE S? ;RIrF
Paul D. Whitten
vs. Case Number
Ty J. Whitten (et al.) 2012-3932
SHERIFF'S RETURN OF SERVICE
06/25/2012 04:11 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on June 25,
2012 at 1611 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Ty J. Whitten, by making known unto himself personally, at 1545
McClures Gap Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same t
handing to him personally the said true and correct copy of the same.
ROBERT BITNER, D
06/25/2012 06:48 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on June 2
2012 at 1848 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Heather L. Whitten, by making known unto herself personally, at 218
Goodhart Road, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same
time handing to her personally the said true and correct copy of the same.
BERT BITNER,
SHERIFF COST: $70.00
June 28, 2012
SO ANSWERS,
RONNY R ANDERSON', SHERIFF
lc; GOUT;}pguile Sherff, Ieieosoft. In;
7".1117 a,UC -9 PM 4, 14
€ MQL,A,ND COW
PENNSYLVANIA
James Proctor Law Office, LLC
1580 Carlisle Pike
Suite 11
Carlisle, PA 17013
717.559.0123
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Paul D. Whitten and Shirley A. Whitten
Plaintiffs
CIVIL ACTION
V. MORTGAGE FORECLOSURE
Ty J. Whitten and Heather L. Whitten
Defendants
To: Ty J. Whitten
1545 McClure's Gap Road
Carlisle, PA 17015
Date of Notice: August 9, 2012
NO. 2012-03932
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166 or (800) 990-9108 (in PA only)
James Proctor Law Office, LLC
By:
tt mey for Plaintiffs
es L. Proctor, Jr.
PA ID 312202
1580 Ritner Hwy., Suite I 1
Carlisle, PA 17013
(717) 559-0123
James Proctor Law Office, LLC
1580 Cortiste Pike
Suite 11
CarNsle, PA 17013
717.559.0123
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
c L L_ 1J L 1
LIZ AUG -9 PH 4: I =4
CUMBERLAND PEP?NSYL
Paul D. Whitten and Shirley A. Whitten
Plaintiffs
V.
CIVIL ACTION
MORTGAGE FORECLOSURE
Ty J. Whitten and Heather L. Whitten
Defendants
To: Heather L. Whitten
218 Goodhart Road
Shippensburg, PA 17257
Date of Notice: August 9, 2012
NO. 2012-03932
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE
COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST
YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A
JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166 or (800) 990-9108 (in PA only)
James Proctor Law Office, LLC
By:
1580 Ritner Hwy., Suite I 1
Carlisle, PA 17013
(717) 559-0123
PA ID 312202
~,
' ~ ~:~
4 ~ ~~ ~~~~ 2Z p
James Proctor Law Office, LLC
1580 Car9sle Pike
SuiTe 11
CwNsle, PA 17013
717.559.0123
~IG.~S~I°d~7
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~ ~ ~9G7y
N :c L.~ 4 `Ced
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Paul D. Whitten and Shirley A. Whitten
Plaintiffs
v.
Ty J. Whitten and Heather L. Whitten
Defendants
CIVIL ACTION
MORTGAGE FORECLOSURE
NO. 2012-03932
PRAECIPE FOR JUDGMENT
Enter judgment in favor of Paul D. Whitten and Shirley A. Whitten, Plaintiffs, and
against Ty J. Whitten and Heather L. Whitten, Defendants.
Assess damages as follows:
Amount claimed in Amended Complaint $ 61,174.16
Interest from July 2, 2012 $ 346.80
Late Charges from July 2, 2012 $ 25.00
Attorney Charges from July 2, 2012 $ 122.90
Court Fees from July 2, 2012 $ 16.50
Total $ 61.685.36
Attorney for Pl 'tiffs
'~
Signature:
Name: James Lewis Proctor Jr. Date:
Office of the
Prothonotary
Cumberland County
One Courthouse Square
Suite 100
Carlisle, PA 17013
(717) 240-6195
DAVID D. BUEL,L
PROTHONOTARY
In accordance with Rule 236 of the Pennsylvania Supreme Court, this is to notify you that
the following judgment was entered against you in this office.
Plaintiff: Paul D. Whitten and Shirley A. Whitten
Deferidarit: Ty J. Whitten and Heather L. Whitten
Docket Number: 12-3932 Civil Term
a'
'~
David D. Buell, Prothonotary
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, P'ENNSYI.
clvu. DIVISION All6 24 PM _ 4: ~
PRAECII'E FOR WRIT OF EXECUTION
Paul D. and Shirley A. Wl'lltten ^ Confessed Judgment ~` TY
Plaintiff Q Other
vs. : File No. 2012-03932
Ty J. and Heather L. Whitten Amount Due 61,174.16
Defendant Interest 371.80
Address: Atty's Comm 122.90
~~ 16.50
1545 McClure's Gap Road
Cazlisle, PA 17015
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale,
contract, or account based on a confession of judgment, but if it does, it is based on the ap~+opriate original
proceeding filed pursuant to act 7 of 1966 as amended; and for Heal property pursuant to Act 6 of 1974 as
amended.
Issue writ of execution in the above matter to the Sheriff of Cumberland
County, for debt, interest and costs, upon the following described property of ~e defendant (s)
Lot number 2 of the subdivision plan for Casper Lloyd recorded in Plan Book 46, Page
56. Parcel Identifier: 14-06-0023-016.
PRAECIPE FOR ATTACHMENT EI~CUTION
Issue writ of attachment to the Sheriff of County, for debt, interest
and costs, as above, directing attachment against the above-namod gttrnisi~e(s) for the following prc~erty
(if real estate, supply six copies of the description; supply four copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
^ (Indicate) Index this writ against the garnishee (s) as a lis pendens against real estate of the
defendant(s) described in the attached exhibit.
Date August 24, 2012 Signature:
Print Name: es L. Proctor Jr.
ar'1`T ~ o`~$ . $~ ` a
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as i. as pd a ~~
Address: 4180 Ratner Hwy., Ste. 11
Carlisle, PA 17013
Attorney for:
Telephone:
Plaintiffs
(717) 559-0123
supreme Court ID No: 312202
sat.~s~ ~~
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Paul D. and Shirley A. Whitten ❑Confessed Judgment
Plaintiff Q Other 3 ZZ .
VS. File No. 2012-03932 ? c -
Ty J. and Heather L. Whitten
Amount Due 61,17 4.16 tv
Defendant Interest 371.80 =:
Address: Atty's Comm 122.90 =:r)
Costs
16.50 `
1545 McClure's Gap Road - '
Carlisle,PA 17015
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale,
contract,or account based on a confession of judgment,but if it does,it is based on the appropriate original
proceeding filed pursuant to act 7 of 1966 as amended;and for real property pursuant to Act 6 of 1974 as
amended.
Issue writ of execution in the above matter to the Sheriff of Cumberland
County,for debt,interest and costs,upon the following described property of the defendant(s)
Lot number 2 of the subdivision plan for Casper Lloyd recorded in Plan Book 46, Page
56. Parcel Identifier: 14-06-0023-016.
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of County,for debt,interest
and costs,as above,directing attachment against the above-named garnishee(s)for the following property
(if real estate,supply six copies of the description;supply four copies of lengthy personalty list)
and all other property of the defendant(s)in the possession,custody or control of the said garnishee(s).
(Indicate)Index this writ against the garnishee(s)as a lis pendens against real estate of the
defendant(s)described in the attached exhibit.
Date August 22, 2013 Signature: }
Print Name: James L. Proctor Jr.
Address: 7 E. High St., Ste. 102
�� sa "0/, Carlisle, PA 17013
'70. 00 o g F Plaintiffs
)0?.�5 Attorney for:
1 to•S 0'' Telephone: (717) 559-0123
9?• SO'` �d a Supreme Court ID No: 312202
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO. 2012-3932 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION—LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt,interest and costs due PAUL D.AND SHIRLEY A.WHITTEN Plaintiff(s)
From TY J.AND HEATHER L.WHITTEN
(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: $61,174.16 L.L.:
Interest $371.80
Atty's Comm:$122.90 Due Prothy: $2.25
Atty Paid: $247.25 Other Costs:
Plaintiff Paid:
Date: August 2i2,2013
David D.Buell,Proth notary
(Seal) By:
Deputy
REQUESTING PARTY:
Name:JAMES L.PROCTOR,JR.,ESQUIRE
Address: JAMES PROCTOR LAW OFFICE,LLC
17 EAST HIGH STREET,SUITE 102
CARLISLE,PA 17013
Attorney for:PLAINTIFF
Telephone: 717-559-0123
Supreme Court ID No.312202
r.
FILED-OFFICE
J„P,[ PROTNONOTA.Fj,,
2013 AUS 22 pM. :4: 14
OUtM BLAND c0jjj4Ty
PENNSYLVANIA
James Proctor law Office.LLC
17 East High Street,Suite 102
Carlisle,PA 17013
717.559.0123
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Paul D. Whitten and Shirley A. Whitten :
CIVIL ACTION
Plaintiffs ,
V. MORTGAGE FORECLOSURE
Ty J.Whitten and Heather L. Whitten
NO. 2012-03932
Defendants
AFFIDAVIT PURSUANT TO RULE 3129.1
Paul D. Whitten and Shirley A. Whitten, plaintiffs in the above action, set forth as of the
date the Praecipe for the Writ of Execution was filed the following information concerning the
real property located at 1545 McClure's Gap Road, Carlisle, PA 17015:
All that certain tract of land located in Lower Frankford Township, Cumberland
County, Pennsylvania bounded and described as follows:
Beginning at a point in the middle of McClure's Gap Road; thence North 29
degrees 41 minutes 12 seconds West a distance of 139 feet to a point in the
middle of said McClure's Gap Road; thence along a curve to the right a distance
of 11 feet with a radius of 1,450 feet to a point; thence along lands of the Grantors
herein North 54 degrees 54minutes 5 seconds East a distance of 164.24 feet;
thence along land of the Grantor North 79 degrees East a distance of 60 feet;
thence along lands of the said Grantor South 29 degrees 2 minutes 58 seconds
East a distance of 220 feet; thence along lot number 1 of a previously submitted
subdivision at plan book 34, page 19 South 79 degrees West a distance of 230 feet
to a point being the place of beginning.
Being lot number 2 of the subdivision plan for Casper Lloyd recorded in Plan
Book 46,Page 56.
Parcel Identifier: 14-06-0023-016
1. Name and address of owner(s) or reputed owner(s):
a. Name: Ty J. Whitten
Address: 1545 McClure's Gap Road, Carlisle, PA 17015
b. Name: Heather L. Whitten
Address: 218 Goodhart Road, Shippensburg, PA 17257
2. Name and address of defendant(s) in the judgment:
a. Name: Ty J. Whitten
Address: 1545 McClure's Gap Road, Carlisle, PA 17015
b. Name: Heather L. Whitten
Address: 218 Goodhart Road, Shippensburg, PA 17257
3. Name and address of every judgment creditor whose judgment is a record lien on the
real property to be sold:
a. Name: Paul D. Whitten
Address: 631 Willow Grove Road, Carlisle, PA 17013
b. Name: Shirley A. Whitten
Address: 631 Willow Grove Road, Carlisle, PA 17013
4. Name and address of the last recorded holder of every mortgage of record:
a. Name: Paul D. Whitten
Address: 631 Willow Grove Road, Carlisle, PA 17013
b. Name: Shirley A. Whitten
Address: 631 Willow Grove Road, Carlisle, PA 17013
5. Name and address of every other person who has any record lien on their
property:
Name: NA
Address: NA
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: NA
Address: NA
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: NA
Address: NA
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. § 4904 relating to unsworn falsification to authorities.
Date: 4 l o2 J 43 aA /-, ==-,
Plaintiff
Plaintiff
Th PROTHONOTARY
James Proctor taw Office,LLC 2013 AUG 22 PM h: t 4
17
arlisl HA1701et,Suite,02 CUMBERLAND COUNTY
Carlisle, 1 17013 PENNSYLVANIA
717.559.0123
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA
CIVIL DIVISION
Paul D.Whitten and Shirley A. Whitten :
CIVIL ACTION
Plaintiffs
V. MORTGAGE FORECLOSURE
Ty J.Whitten and Heather L.Whitten
NO. 2012-03932
Defendants
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129
Heather L. Whitten
218 Goodhart Road
Shippensburg, PA 17257
TAKE NOTICE:
That the Sheriffs sale of real property (real estate)will be held at the Cumberland County
Courthouse, 1 Courthouse Square, Carlisle,PA 17013 on 12/4 2013 at 10:00 am prevailing local
time.
THE PROPERTY TO BE SOLD IS delineated in detail in a legal description consisting
of a statement of the measured boundaries of the property,together with a brief mention of the
buildings and any other major improvements erected on the land.
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A")
The LOCATION of your property to be sold is:
1545 McClure's Gap Road, Carlisle, PA 17015
The JUDGMENT under or pursuant to which your property is being sold is docketed to:
No. 12-3932 CIVIL
z
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS
PROPERTY ARE:
Ty J. Whitten;Heather L. Whitten
A SCHEDULE OF DISTRIBUTION,being a list of the personal and/or governmental or
corporate entities or agencies being entitled to receive part of the proceeds of the sale received
and to be disbursed by the Sheriff(for example to banks that hold mortgages and municipalities
that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of
the proceeds of sale in accordance with this schedule will, in fact, be made unless someone
objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the
Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of
Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR
PROPERTY.
It has been issued because there is a Judgment against you. It may cause your property to
be held,to be sold or taken to pay for the Judgment. You may have legal rights to prevent your
property from being taken. A lawyer can advise you more specifically of these rights. If you wish
to exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE> GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
FREE LEGAL ADVICE.
Lawyer Referral Service of the
Cumberland County Bar Association
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone(800) 990-9108
(717) 249-3166
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1. You may file a petition with the Court of Common Pleas of Cumberland County
to open the Judgment if you have a meritorious defense against the person or company that has
entered judgment against you. You may also file a petition with the same Court if you are aware
of a legal defect in the obligation or the procedure used against you.
2. After the Sheriff s sale,you may file a petition with the Court of Common Pleas
of Cumberland County to set aside the sale for a grossly inadequate price or for other proper
cause. This petition must be filed before the Sheriff s Deed is delivered.
3. A petition or petitions raising the legal issues or rights mentioned in the preceding
paragraphs must be presented to the Court of Common Pleas of Cumberland County. The
petition must be served on the attorney for the creditor or on the creditor before presentation to
the Court and a proposed order or rule must be attached to the petition. If a specific return date is
desired, such date must be obtained from the Court Administrator's Office, Cumberland County
Courthouse, One Courthouse Square, Carlisle,PA 17013-3387,before presentation of the
petition to the Court.
JAMES PROCTOR LAW OFFICE,LLC
Dated: August 22, 2013 BY:
Ja s . Proctor, Jr.,Esquire
PA D. #312202
17 High Street, Suite 102
Carlisle, PA 17013
(717) 559-0123, (717) 831-1579
E-mail: legal@jamesproctorlaw.com
VIA CERTIFIED MAIL,RETURN RECEIPT REQUESTED AND
VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO.
All that certain tract of land located in Lower Frankfard Township, Cumberland County,
Pennsylvania bounded and described as follows:
Beginning at a point in the middle of McClure's Gap Road; thence North 29 degrees 41
minutes 12 seconds West a distance of 139 feet to a point in the middle of said McClure's
Gap Road; thence along a curve to the right a distance of 11 feet with a radius of 1,450
feet to a point; thence along lands of the Grantors herein North 54 degrees 54 minutes 5
seconds East a distance of 164.24 feet; thence along land of the Grantor North 79 degrees
East a distance of 60 feet; thence along lands of the said Grantor South 29 degrees 2
minutes 58 seconds East a distance of 220 feet; thence along lot number I of a previously
submitted subdivision at plan book 34, page 19 South 79 degrees West a distance of 230
feet to a point being the place of beginning.
Being lot number 2 of the subdivision plan for Casper Lloyd recorded in Plan Book 46,
Page 56.
Parcel Identifier- 14-06-0023-016
For informational purposes only—Property also known as:
1545 McClure's Gap Road
Carlisle,PA 17015
Title to said premises is vested in Ty J. Whitten and Heather L. Whitten, his wife,by
deed from Kim J. Books and Cathy A. Locke, Co-Executrixes of the Estate of Benjamin
D. Kutz,Jr., deceased, dated January 27, 2006 and recorded February 1, 2006 in Book
272,Page 4985.
EXHIBIT A
F'.L O-OFF 10E
OF THE PROTHONOTARY
20B AUG 22 Pty :,4* 14
James Proctor Law Office,LLC
17 East High Street,Suite 102
Carlisle,PA 17013 CUMBERLAND COUNTY
717.559.0123 PENNSYLVANIA
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA
CIVIL DIVISION
Paul D. Whitten and Shirley A. Whitten :
CIVIL ACTION
Plaintiffs
V. MORTGAGE FORECLOSURE
Ty J.Whitten and Heather L. Whitten
NO. 2012-03932
Defendants
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY PURSUANT TO
PENNSYLVANIA RULE OV CIVIL PROCEDURE 3129
Ty J. Whitten
1545 McClure's Gap Road
Carlisle, PA 17015
TAKE NOTICE:
That the Sheriffs sale of real property (real estate)will be held at the Cumberland County
Courthouse, 1 Courthouse Square, Carlisle,PA 17013 on 12/4 2013 at 10:00 am prevailing local
time.
THE PROPERTY TO BE SOLD IS delineated in detail in a legal description consisting
of a statement of the measured boundaries of the property,together with a brief mention of the
buildings and any other major improvements erected on the land.
(SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A")
The LOCATION of your property to be sold is:
1545 McClure's Gap Road, Carlisle,PA 17015
The JUDGMENT under or pursuant to which your property is being sold is docketed to:
No. 12-3932 CIVIL
THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S)OF THIS
PROPERTY ARE:
Ty J. Whitten;Heather L. Whitten
A SCHEDULE OF DISTRIBUTION,being a list of the personal and/or governmental or
corporate entities or agencies being entitled to receive part of the proceeds of the sale received
and to be disbursed by the Sheriff(for example to banks that hold mortgages and municipalities
that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of
the proceeds of sale in accordance with this schedule will, in fact,be made unless someone
objects by filing exceptions to it, within ten(10) days of the date it is filed. Information about the
Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of
Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387.
THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR
PROPERTY.
It has been issued because there is a Judgment against you. It may cause your property to
be held,to be sold or taken to pay for the Judgment. You may have legal rights to prevent your
property from being taken.A lawyer can advise you more specifically of these rights. If you wish
to exercise your rights, you must act promptly.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE> GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
FREE LEGAL ADVICE.
Lawyer Referral Service of the
Cumberland County Bar Association
Cumberland County Bar Association
32 S.Bedford Street
Carlisle,PA 17013
Phone(800)990-9108
(717)249-3166
THE LEGAL RIGHTS YOU MAY HAVE ARE:
1 You may file a petition with the Court of Common Pleas of Cumberland County
to open the Judgment if you have a meritorious defense against the person or company that has
entered judgment against you. You may also file a petition with the same Court if you are aware
of a legal defect in the obligation or the procedure used against you.
2. After the Sheriffs sale,you may file a petition with the Court of Common Pleas
of Cumberland County to set aside the sale for a grossly inadequate price or for other proper
cause. This petition must be filed before the Sheriffs Deed is delivered.
3. A petition or petitions raising the legal issues or rights mentioned in the preceding
paragraphs must be presented to the Court of Common Pleas of Cumberland County. The
petition must be served on the attorney for the creditor or on the creditor before presentation to
the Court and a proposed order or rule must be attached to the petition. If a specific return date is
desired, such date must be obtained from the Court Administrator's Office, Cumberland County
Courthouse, One Courthouse Square, Carlisle,PA 17013-3387,before presentation of the
petition to the Court.
JAMES PROCTOR LAW OFFICE,LLC
Dated: August 22,2013 BY:
Ja es L. Proctor, Jr., squire
P I.D. #312202
17 High Street, Suite 102
Carlisle, PA 17013
(717) 559-0123, (717) 831-1579
E-mail: legal@jamesproctorlaw.com
VIA CERTIFIED MAIL,RETURN RECEIPT REQUESTED AND
VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO.
All that certain tract of land located in Lower Frankford Township, Cumberland County,
Pennsylvania bounded and described as follows:
Beginning at a point in the middle of McClure's Gap Road; thence North 29 degrees 41
minutes 12 seconds West a distance of 139 feet to a point in the middle of said McClure's
Gap Road; thence along a.curve to the right a distance of 11 feet with a radius of 1,450
feet to a point; thence along lands of the Grantors herein North 54 degrees 54 minutes 5
seconds East a distance of 164.24 feet; thence along land of the Grantor North 79 degrees
East a distance of 60 feet; thence along lands of the said Grantor South 29 degrees 2
minutes 58 seconds East a distance of 220 feet; thence along lot number I of a previously
submitted subdivision at plan book 34,page 19 South 79 degrees West a distance of 230
feet to a point being the place of beginning.
Being lot number 2 of the subdivision plan for Casper Lloyd recorded in Plan Book 46,
Page 56.
Parcel Identifier: 14-06-0023-016
For informational purposes only—Property also known as:
1545 McClure's Gap Road
Carlisle, PA 17015
Title to said premises is vested in Ty J. Whitten and Heather L. Whitten,his wife,by
deed from Kim J. Books and Cathy A. Locke, Co-Executrixes of the Estate of Benjamin
P. Kutz, Jr., deceased, dated January 27, 2606 and recorded February 1,2006 in Book
272, Page 4985.
EXHIBIT A
All that certain tract of land located in Lower Frankford Township, Cumberland County,
Pennsylvania bounded and described as follows:
Beginning at a point in the middle of McClure's Gap Road; thence North 29 degrees 41
minutes 12 seconds West a distance of 139 feet to a point in the middle of said McClure's
Gap Road; thence along a curve to the right a distance of 11 feet with a radius of 1,450
feet to a point; thence along lands of the Grantors herein North 54 degrees 54 minutes 5
seconds East a distance of 164.24 feet; thence along land of the Grantor North 79 degrees
East a distance of 60 feet; thence along lands of the said Grantor South 29 degrees 2
minutes 58 seconds East a distance of 220 feet; thence along lot number I of a previously
submitted subdivision at plan book 34,page 19 South 79 degrees West a distance of 230
feet to a point being the place of beginning.
Being lot number 2 of the subdivision plan for Casper Lloyd recorded in Plan Book 46,
Page 56.
Parcel Identifier: 14-06-0023-016
For informational purposes only—Property also known as:
1545 McClure's Gap Road
Carlisle, PA 17015
Title to said premises is vested in Ty J. Whitten and Heather L. Whitten,his wife,by
deed from Kim J. Books and Cathy A. Locke, Co-Executrixes of the Estate of Benjamin
D. Kutz,Jr., deceased, dated January 27, 2006 and recorded February 1,2006 in Book
272, Page 4985.
C=
-0-1
rnCO MW M�=
rn
cn, N C)
4
C>
4,HE'RIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson ' i_
`''
i„
Sheriff Cli :rarrGr ;I M`,R 117 1 v .J A 1R`i<
Jody S Smith FEE ,,
;t'ti F: 20 A� IO• 2
Chief Deputy . ' i
Richard W Stewart CUMBERLAND COUNTY
Solicitor OFK<E PENNSYLVANIA
Paul D. Whitten Case Number
vs. 2012-3932
Ty J. Whitten (et al.)
SHERIFF'S RETURN OF SERVICE
09/23/2013 03:12 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Real Estate
Writ, Notice and Description, in the above titled action, by making known its contents and at the same
time personally handing a true copy to a person representing themselves to be the Defendant, to wit:
Heather L. Whitten at 114 Big Spring Terrace, Newville, PA 17241, Cumberland County.
09/26/2013 03:08 PM - Deputy Stephen Bender, being duly sworn according to law, states service was performed by
posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the
above titled action, upon the property located at 1545 McClures Gap Road, Lower Frankford -Township,
Carlisle, PA 17015, Cumberland County.
10/02/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and
inquiry for the within named Defendant, to wit: Ty J. Whitten, but was unable to locate the Defendant in
his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled
action, as"Not Found” at 1545 McClures Gap Road, Carlisle, PA 17013, property is Vacant, defendant
left a forwarding address at the Post Office of, 2147 Newville Road, Carlisle, PA 17015.
10/07/2013 04:32 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Real Estate Writ,
Notice and Description, in the above titled action, by making known its contents and at the same time
personally handing a true copy to a person representing themselves to be the Defendant, to wit: Ty J.
Whitten at 2147 Newville Road, Carlisle, PA 17013, Cumberland County.
12/04/2013 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, Pennsylvania on December 04, 2013 at
10:00 AM. He sold the same for the sum of$1.00 to Attorney James Proctor, Jr., on behalf of Paul D.
Whitten and Shirley A. Whitten, being the buyer in this execution, paid to the Sheriff the sum of$
SHERIFF COST: $954.89 SO ANSWERS,
January 06, 2014 RONNI R ANDERSON, SHERIFF
1 . PO Pal. de-4
oiaa
Coup vSuit,Sheriff,TeL;c'oft Ir:..
•
LXII 41 CUMBERLAND LAW JOURNAL 10/11/13
Writ No. 2012-3932 Civil Term
PAUL D.WHITTEN
vs.
TY J.WHITTEN,
Heather L.Whitten
Atty.:James L. Proctor,Jr.
All that certain tract of land lo-
cated in Lower Frankford Township,
Cumberland County, Pennsylvania
bounded and described as follows:
Beginning at a point in the middle
of McClure Gap Road;thence North
29 degrees 41 minutes 12 seconds
West a distance of 139 feet to a
point in the middle of said McClure's
Gap Road; thence along a curve to
the right a distance of 11 feet with
a radius of 1,450 feet to a point;
thence along lands of the Grantors
herein North 54 degrees 54 minutes
5 seconds East a distance of 364.24
feet;thence along land of the Grantor
North 79 degrees East a distance of
60 feet;thence along lands of the said
Grantor South 29 degrees 2 minutes
58 seconds East a distance of 220
feet; thence along lot number 1 of
a previously submitted subdivision
at plan book 34, page 19 South 79
degrees West a distance of 230 feet to
a point being the place of beginning.
Being lot number 2 of the subdivi-
sion plan for Casper Lloyd recorded
in Plan Book 46,Page 56.
Parcel Identifier:14-06-0023-016.
For informational purposes only—
Property also known as: 1545 Mc-
Clure's Gap Road,Carlisle,PA 17015.
Title to said premises is vested
in Ty J. Whitten and Heather L.
Whitten,his wife,by deed from Kim
J. Books and Cathy A. Locke, Co-
Executrixes of the Estate of Benjamin
D.Kutz,Jr.,deceased,dated January
27, 2006 and recorded February 1,
2006 in Book 272,Page 4985.
134
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 11, October 18 and October 25, 2013
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.
),„"‘_.
9sa Marie Coyne, ditor
SWORN TO AND SUBSCRIBED before me this
_5 da of October. 2013
_.1I_ ..,✓,ice _
Notary
°------rji ,s1AL—S7.71L --al
DEL:?i?A H A COLLINS
Notary Pu is
1 'SLE L1ROUGH CULL RL A L)COQ tdTY
My Co emission Expires Apr oS 21)1 1
r The Patriot-News Co.
020 Technology Pkwy atriotNews
Suite 300
Mechanicsburg, PA 17050 Now you know
inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
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
Marianne Miller, being duly sworn according to law, deposes and says:
That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the
Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday
Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/Community Weekly 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.
20124932 ChM Term
PAUL D.WRITTEN This ad ran on the date(s)shown below:
vs. 10/13/13
TY J.WRITTEN /
Heather L.Whitten
/ '- 10/20/13
Atty: James L.Proctor,Jr. 1
All that certain tract of land located in Lower ' / 10/27/13
Franldbrd Township, Cumberland County, ' ��
Pennsylvania bounded and described as
follows:
Beginning at a point in the middle of
McClure Gap Road;thence North 29 degrees
41 minutes 12 seconds West a distance-of 139
feet to a point in the middle of saidMcClure's S .•r. t' and subscribed befor f - is 11 day of November, 2013 A.D.
Gap Road;thence along a curve to the right a I I
distance of 11 feet with a radius of 1,450 feet
to a point,thence along lands of the Grantors i 1
herein North 54 degrees 54 minutes 5 seconds ' '� t,— '� ' Alb l ' •�
East a distance of 364.24 feet;thence along •tary Public ,
land of the Grantor North 79 degrees East a
distance of 60 feet;thence along lands of the
saga urantor South 29 degrees 2 minutes 58 r{.°i rsl`�iOi,i'';'c 1_�f9-4 r.F DPNlNc°fi�,VA,NIA
seconds East a distance of 220 feet;thence 'a- 3i
along lot number 1 of a previously submitted }oqu' F,, f p ';;c
subdivision at plan book 34,page 19 South 79 S/ash s array
degrees West a distance of 230 feet to a point My Lomtst�s ttn F,.,:,t 5 et.12;2016
being the place of beginning.
Being lot number?of A"'' division plan ri�Et `t.,PENv tvANtA ASSOCIA"'' ','OF NOTARIES
for Casper Lloyd recorded in Plan Book 46
Page 56. ,
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
}SS:
I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the
Sheriff's Deed in which Paul D. Whitten and Shirley A. Whitten is the grantee the same having been
sold to said grantee on the 4th day of December A.D., 2013, under and by virtue of a writ Execution
issued on the 22nd day of August, A.D., 2013, out of the Court of Common Pleas of said County as of
Civil Term, 2012 Number 3932, at the suit of Paul D. Whitten and Shirley A. Whitten against Ty J.
Whitten and Healther L. Whitten is duly recorded as Instrument Number 201403641.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this co day of
, A.D. aO/ f
) a ,;-G . l�,l�to, ufy
o / Recorder of'Deeds
Cumberland County,CerJste,PA
lily Commission Expires the First Monday of Jan.2018