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HomeMy WebLinkAbout05-4230PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Plaintiff V. STEPHEN M. LONG SUSAN M. LONG 1519 CARLISLE ROAD CAMP HILL, PA 17011 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 09 -0yo4?) l: /}tJLL7z'Z-n CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 Filet. 121151 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File#: 121151 Plaintiff is PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: STEPHEN M. LONG SUSAN M. LONG 1519 CARLISLE ROAD CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 07/31/1998 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINITFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1473, Page: 32. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. Filet' 121151 6. The following amounts are due on the mortgage: Principal Balance $85,747.71 Interest 2,717.52 03/01/2005 through 08/16/2005 (Per Diem $16.08) Attorney's Fees 1,250.00 Cumulative Late Charges 245.90 07/31/1998 to 08/16/2005 Cost of Suit and Title Search 550.00 Subtotal $ 90,511.13 Escrow Credit 0.00 Deficit 278.86 Subtotal $ 278.86 TOTAL $ 90,789.99 8. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. The mortgage premises are vacant and abandoned. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 90,789.99, together with interest from 08/16/2005 at the rate of $16.08 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN ??LyyL??I''NAN & SCElwtl??! LLP By: l /s/Fra S. HSallinnaaann LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File k: 121151 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point on the South side of Carlisle Road (which runs from New Cumberland westwardly to Spring Lake) on the dividing line between Lot Nos. 1 and 2 on the hereinafter mentioned Plan of Lots; thence in a southerly direction along said dividing line, 130 feet to a point; thence by other lands now or formerly of Ben J. Byerly and Muriel J. Byerly, his wife, 45.12 feet to a point on the dividing line of Lot Nos. 2 and 3 on said Plan; thence in a northerly direction along said last mentioned dividing line, 130 feet to Carlisle Road; thence in a westerly direction along the South side of Carlisle Road, 60 feet to the point or place of BEGINNING. BEING Lot No. 2 on the Plan of Lots laid out by Ben J. Byerly, recorded in Cumberland County Recorder's Office in Plan Book 4, Page 76. UNDER AND SUBJECT, NEVERTHELESS, to an easement 5 feet in width along the southerly or rear line of said lot for the installation of public utilities and to the restriction that no building or part thereof shall be erected within 25 feet of the southerly property line of Carlisle, Road. UNDER AND SUBJECT to all restrictions, easements, covenants, conditions and agreements of record BEING known and numbered as 1519 Carlisle Road, Camp Hill, Pennsylvania. (Erroneously set forth in prior owner legal description as Plan Book 4, Page 79). BEING THE SAME PREMISES which Lucille P. Morris, by Deed dated December 6, 1995 and recorded January 5, 1996 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 133, Page 771, granted and conveyed unto Lucille P. Morris, Trustee, or her successors in trust, under the Lucille P. Morris Living Trust, dated December 6, 1995, Grantor herein. File: 121151 MARC J. HINKLE hereby states that he/she is V.P. of CENDANT MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DATE: CJ U-Z > c, 1 + ? V??? .. [ . cam., ? ! PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County vs. STEPHEN M. LONG SUSAN M. LONG No. 054230 CIVIL TE Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLIN(A?N /&?SCHMIEG, LLP By: fva?. , ,..X . ?L FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: October 5, 2005 /mmt, Svc Dept. File# 121151 h? C7 o t: ("_ C]] ? !.n I ?1 ?' - -? _ _. ? It' _ ' 7"- `?, SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-04230 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS LONG STEPHEN M ET AL Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT LONG STEPHEN M unable to locate Him in his bailiwick COMPLAINT - MORT FORE , but was He therefore returns the the within named DEFENDANT 1519 CARLISLE NOT FOUND , as to LONG STEPHEN M CAMP HILL, PA 17011 DEFENDANT LIVES AT 2320 N 6TH S HARRISBURG. PA 17110. Sheriff's Costs: So answers:,-, Docketing 18.00 _ i - Service 00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 33.00 PHELAN HALLINAN SCHMIEG 09/15/2005 Sworn and subscribed to before me this c?- I day of -? Lt A. D? Protho otary SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-04230 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS LONG STEPHEN M ET R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT LONG SUSAN M but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , LONG SUSAN M 1519 CARLISLE ROAD HILL, PA 17011 DEFENDANT LIVES AT 2320 N 6TH STREET HARRISBURG, PA 17110. Sheriff's Costs: So answe 7 Docketing 6.00 - ? Service .00 Gee Not Found 5.00 R. Thomas KKli ne Surcharge 10.00 Sheriff of Cumberland County .00 21.00 PHELAN HALLINAN SCHMIEG 09/15/2005 Sworn and subscribed to before me this day of -? A// Prot1-?dn- otary_, SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-04230 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORA VS LONG STEPHEN M ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT LONG STEPHEN M but was unable to locate Him deputized the sheriff of DAUPHIN serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On October 24th , 2005 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answers: Docketing 18 .00 Out of County 9 .00 Surcharge 10 .00 R. Thomas Kline Dep Dauphin County 35 .25 Sheriff of Cumberland County Postage .37 72.62 10/24/2005 PHELAN HALLINAN SCHMIEG Sworn and subscribed to before me this ®D? day of JZezu cy? D. O Pro ota to wit: in his bailiwick. He therefore SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-04230 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS LONG STEPHEN M ET AL R. Thomas Kline .00 16.00 10/24/2005 PHELAN HALLINAN SCHMIEG duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: LONG SUSAN M but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On October 24th , 2005 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Sworn and subscribed to before me this 1D day of j A D. Pro tar , Sheriff or Deputy Sheriff who being So answers- i _. 6. 00 . 00 10.00 R. Thomas Kline .00 Sheriff of Cumberland County In The Court of Common Plus of Cumberland County, Peninsylvania PHH Mortgage Corporation vs. Stephen M. Long et al No 05-4230 civil SERVE: Susan M. Long Now, October 7, 2005 hereby deputize the Sheriff of _ deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to _ a and made known to copy of the original M. served the the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this , day of 20 20_, at o'clock _, I, SHERIFF OF CUMBERLAND COUNTY, PA, do Dauphin County to execute this Writ, this COSTS SERVICE $ NULEAGE AFFIDAVIT In The Court of Co ®n Pie-as of Cumberland County, Perri -sylvanic pHH Mortgage Corporation vs. Stephen M. Long et al No 05-4230 civil SERVE:Stephen M. Long October 7. 2005 Now, I. SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, 20 , at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA COSTS Sworn and subscribed before SERVICE $ me this day of 20 MILEAGE AFFIDAVIT (off-ice -of thie,*4-criff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 11m:(717)255-2889 Jack Lotwick Sheriff Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania PHH MORTGAGE CORPORATION vs County of Dauphin LONG STEPHEN M Sheriff's Return No. 1748-T - - -2005 OTHER COUNTY NO. 05-4230 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for LONG STEPHEN M the DEFENDANT named in the within NOTICE & COMPLAINT IN MORTG FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, October 14, 2005 PER TINA KOTZMAN (CURRENT OWENER) DEFTS WERE TENNANT, MOVED OUT IN JULY 2005 Sworn and subscribed to before me this 17TH day of OCTOBER, 2005 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept 1, 2006 So Answers, X°,; Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs:$35.25 PD 10/11/2005 RCPT NO 211255 (off-Ta Of e S4exr ff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania PHH MORTGAGE CORPORATION vs County of Dauphin LONG STEPHEN M Sheriff's Return No. 1748-T - - -2005 OTHER COUNTY NO. 05-4230 I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for LONG SUSAN M the DEFENDANT named in the within NOTICE & COMPLAINT IN MORTG FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, October 14, 2005 PER TINA KOTZMAN (CURRENT OWNER) DEFTS WERE TENNENTS, MOVED OUT IN JULY 2005 Sworn and subscribed to before me this 17TH day of OCTOBER, 2005 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept I, 2006 So Answers, Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs:$35.25 PD 10/11/2005 RCPT NO 211255 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH Mortgage Corporation, F/K/A Cendant Mortgage Corporation, F/K/A PHH Mortgage Services vs. Stephen M. Long Susan M. Long CIVIL DIVISION NO. 05-4230 Civil Term ORDER AND NOW, this day of 2005, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on the above captioned Defendants, Stephen M. Long and Susan M. Long, by: 1. First class mail to Stephen M. Long and Susan M. Long at the last known address, 2320 North 6th Street, Harrisburg, PA 17110 and the mortgaged premises located at 1519 Carlisle Road, Camp Hill, PA 17011; and 2. Certified mail to Stephen M. Long and Susan M. Long at the last known address, 2320 North 6th Street, Harrisburg, PA 17110 and the mortgaged premises located at 1519 Carlisle Road, Camp Hill, PA 17011. BY THE COURT: J. Phelan Hallinan & Schmieg, L.L.P. By: Daniel G. Schmieg, Esquire No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 PHH Mortgage Corporation, F/K/A Cendant Mortgage Corporation, F/K/A PHH Mortgage Services vs. Stephen M. Long Susan M. Long Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 05-4230 Civil Term MOTION FOR SERVICE PURSUANT' TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, L.L.P., moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendants, Stephen M. Long and Susan M. Long, by first class mail and certified mail to the last known address, 2320 North 6th Street, Harrisburg, PA 17110 and the mortgaged premises, 1519 Carlisle Road, Camp Hill, PA 17011, and in support thereof avers the following: 1. Attempts to serve Defendants, Stephen M. Long and Susan M. Long, with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendants at the mortgaged premises, 1519 Carlisle Road, Camp Hill, PA 17011. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", the defendants are said to be residing at 2320 North 6`h Street, Harrisburg, PA 17110. 2. The Sheriff of Cumberland County, by way of deputizing the Sheriff of Dauphin County, attempted to serve the Defendants, Stephen M. Long and Susan M. Long, at 2320 North 6`s Street, Harrisburg, PA 17110. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "B", the defendants moved out in July of 2005. 3. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendants. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "C". 4. Plaintiff submits that it has made a good faith effort to locate the Defendants but has been unable to do so. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail and certified mail. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. By: Daniel ieg, Esquire Attorney for Plaintiff Date: December 14, 2005 Phelan Hallinan & Schmieg, L.L.P. By: Daniel G. Schmieg, Esquire No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff PHH Mortgage Corporation, F/K/A Cendant Mortgage Corporation, F/K/A PHH Mortgage Services COURT OF COMMON PLEAS CIVIL DIVISION vs. CUMBERLAND COUNTY NO. 05-4230 Civil Term Stephen M. Long Susan M. Long MEMORANDUM OF LAW Pa. R.C.P. 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation, which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment Gonmles vs Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As indicated by the attached Sheriffs Returns of Service, attached hereto and marked as Exhibit "A" and "B", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendants has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "C". WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail and certified mail. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. By- D4 Pchmieg?Esquirc Attorney for Plaintiff Date: December 14, 2005 l" b t SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-04230 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS LONG STEPHEN M ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT LONG STEPHEN M but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT , LONG STEPHEN M 1519 CARLISLE ROAD LL, PA 17011 NOT FOUND , as to DEFENDANT LIVES AT 2320 N GTH STREET HARRI 17110. Sheriff's Costs: So answers Docketing 18.00 Service .00 !%?%?" Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 33.00 PHELAN HALLINAN SCHMIEG 09/15/2005 Sworn and subscribed to before me this day of A. D. Prothonotary SHERIFF'S RETURN NOT FOUND CASE NO: 2005-04230 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS LONG STEPHEN M ET AL R. Thomas Kline Sheriff or Depu-y Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT LONG SUSAN M unable to locate Her in his bailiwick COMPLAINT - MORT FORE but was He therefore returns the NOT FOUND , as to the within named DEFENDANT , LONG SUSAN M 1519 CARLISLE ROAD CAMP 7011 DEFENDANT LIVES AT 2320 N 6TH STREET HARRISBURG, PA 17110. -- Sheriff's Costs: So answe Docketing 6.00 Service 00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 21.00 PHELAN HALLINAN SCHMIEG 09/15/2005 Sworn and subscribed to before me this day of A. D. Prothonotary 4 ?? ?? ?? ?? SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-04230 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS LONG STEPHEN M ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: LONG STEPHEN M but was unable to locate Him deputized the sheriff of DAUPHIN in his bailiwick. He therefore serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On October 24th , 2005 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answers Docketing 18.00 ! - J Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep Dauphin County 35.25 Sheriff of Cumberland County Postage .37 72.62 10/24/2005 PHELAN HALLINAN SCHMIEG Sworn and subscribed to before me this day of A. D. Prothonotary SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-04230 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS LONG STEPHEN M ET R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT LONG SUSAN M but was unable to locate Her in his bailiwick to wit: He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On October 24th , 2005 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answers ?J Docketing 6.00 Out of County .00 Surcharge 10.00 R. Thomas Kline .00 Sheriff of Cumberland County .00 16.00 10/24/2005 PHELAN HALLINAN SCHMIEG Sworn and subscribed to before me this day of A. D. Prothonotary C,Offire laf t4le 4P-riff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph:(717)780-6590 fax:(717)255-2889 Jack Lotwick Sheriff Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy COnnnonwealth of Pennsylvania PHH MORTGAGE CORPORATION vs County of Dauphin LONG STEPHEN M Sheriff's Return No. 1748-T - - -2005 OTHER COUNTY NO. 05-42',30 I, Sack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for LONG STEPHEN M the DEFENDANT named in the within NOTICE & COMPLAINT IN MORTG FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, October 14, 2005 PER TINA KOTZMAN (CURRENT OWENER) DEFTS WERE TENNANT, MOVED OUT IN JULY 2005 Sworn and subscribed to before me this 17TH day of OCTOBER, 2005 1141 fit/ NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept 1, 2006 So Answers, Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs:$35.25 PD 10/11/2005 RCPT NO 211255 of fire Of t4.e ,?$4-exrff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack LoMck Sheriff Commonwealth of Pennsylvania PHH MORTGAGE CORPORATION vs County of Dauphin LONG STEPHEN M Sheriff's Return No. 1748-T - - -2005 OTHER COUNTY NO. 05-4230 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for LONG SUSAN M the DEFENDANT named in the within NOTICE & COMPLAINT IN MORTG FORECLOSURE and that I am unable to find him/her in the county of Dauphin, and therefore return same NOT FOUND, October 14, 2005 PER TINA KOTZMAN (CURRENT OWNER) DEFTS WERE TENNENTS, MOVED OUT IN JULY 2005 Sworn and subscribed to before me this 17TH day of OCTOBER, 2005 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept 1, 2006 So Answers, Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs:$35.25 PD 10/11/2005 RCPT NO 211255 C,A?b)f C FULL SPECTRUM LEGAL SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION PHS Number: 121151 Attorney Firm: PHELAN HALLINAN & SCIIMIEG, LLP Subject: Stephen M. Long & Susan M. Long Current Address: 1519 Carlisle Road, Camp Hill, PA 17011 Property Address: 1519 Carlisle Road, Camp Hill, PA 17011 Mailing Address: 1519 Carlisle Road, Camp Hill, PA 17011 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following to be true and correct. Stephen M. Long - 180-54-2325 Susan M. I-ong - 465-86-1851 B. EMPLOYMENTSEARCH A review of the credit reporting agencies provided no employment information. Stephen M. Long - not available Susan M. Long - not available C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Stephen M. Long & Susan M. Long reside(s) at 1519 Carlisle Road, Camp Hill, PA 17011. IT, INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH On 1 1; 2105 our office contacted directory assistance which indicated that Stephen M. Long & Susan M. Long reside(s) at: 1519 Carlisle Road, Camp Hill, PA 17011. Our office made a telephone call to the mortgagors phone number and received the following information: (717) 612-9613. Our office attempted to contact (717) 612-9613 on 8, 10,05 (a 6:30 PM & 8:30 PM, 8111105 (a8:00 AM & 5:00 PM and 8/12/05 (rz 10:30 AM & 2:45 PM: each tune we received a taped message; no one ever answered. llL INQUIRY OF NEIGHBORS On 11205 our office contacted J. Carey (male) 1507 Carlisle Road, (717) 761-2590: he was able to verify that Stephen M. Long & Susan M. Long reside(s) at: 1519 Carlisle Road. Camp Hill. PA 17011. On 8/12/05 our office contacted E. Cockley (male) 1513 Carlisle Road. (717) 737-2388; he could not confirm nor deny that Stephen M. Long & Susan M. Long reside(s) at 1519 Carlisle Road, Camp Hill, PA 17011. IV. ADDRESS INQUIRY A. NA I ZONAL ADDRESS UPDATE On 1112,05 we reviewed the National Address database and found the following information- Stephen M. Long & Susan M. Long - 1519 Carlisle Road, Camp Hill, PA 17011. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: P.O. Box 10614. Harrisburg. PA 17105. V. DRIVING 1_ICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Stephen M. Long & Susan M. Long. VI. OTHER INQUIRIES A. DEATH RECORDS As of 11/2/05 Vital Records and all public databases have no death record on file for Stephen M. Long & Susan M. Long, B. COUNTY VOTER REGISTRATION The Cumberland County Voter Registration was unable to confirm a registration for Stephen M. Long & Susan M. Long residing at: last registered address. C. PUBLIC LICENSES (PILOT, REAL ESTATE, ETC.) Our office conducted a search for public licenses and found the following: No records on file. VII. ADDITIONAL INFORMATION ON SUBJECT A. DATE OF BIRTH Stephen M. Long -7/1962 Susan M. Long - 2/1953 B. A.K.A. None *All accessible public databases have been checked and cross-referenced for the above- named individual(s). *Please be advised all database information indicates the subjects reside at the current address. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. COMMO AFFIANT Brendan Booth " NwN PlNMfYIV 1 U NOTARIAL SEAL Frill Spectrum Legal Services, Inc. RYAN P GALVIN, Notary Public C9y of PNlad*hfa, Phila. County Sworn to and subscribed before me this 2°tI day of November 2005. CgINnIBSionExpiresl)eeember21,2008 The above information is obtained from available public records NIKV and we are only liable for the cost of the affidavit. VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. i By: -- Dan' chmieg, Esquire Attorney for Plaintiff Date: December 14, 2005 Phelan Hallinan & Schmieg, L.L.P. By: Daniel G. Schmieg, Esquire No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff PHH Mortgage Corporation, COURT OF COMMON PLEAS F/K/A Cendant Mortgage Corporation, F/K/A PHH Mortgage Services CIVIL DIVISION Vs. Cumberland COUNTY Stephen M. Long Susan M. Long NO. 05-4230 Civil Term CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the foregoing Motion for Service Pursuant to Special Order of Court, Memorandum of Law, Proposed Order and attached exhibits have been sent to the individuals as indicated below by first class mail, postage prepaid, on the date listed below. Stephen M. Long and Susan M. Long 1519 Carlisle Road Camp Hill, PA 17011 2320 North 6 h Street Harrisburg, PA 17110 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, L.L.P. Bylr? '? Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: December 14, 2005 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County V5. STEPHEN M. LONG SUSAN M. LONG No. 05-4230 CIVIL TE Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN & SCHMIEG, LLP By: ^ -- S FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: December 13, 2005 /jmr, Svc Dept. File# 121151 6 DEC IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH Mortgage Corporation, F/K/A Cendant Mortgage Corporation, F/K/A PHH Mortgage Services CIVIL DIVISION VS. NO. 05-4230 Civil Term Stephen M. Long Susan M. Long ?jr ORDER ?,'a?, AND NOW, this day of ?9- "" _ 1 2005, upon consideration of Plaintiff s Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on the above captioned Defendants, Stephen M. Long and Susan M. Long, by: 1. First class mail to Stephen M. Long and Susan M. Long at the last known address, 2320 North 6th Street, Harrisburg, PA 17110 and the mortgaged premises located at 1519 Carlisle Road, Camp Hill, PA 17011; and 2. Certified mail to Stephen M. Long and Susan M. Long at the last known address, 2320 North 6th Street, Harrisburg, PA 17110 and the mortgaged premises located at 1519 Carlisle Road, Cz J. /U0 \' N 6 V :6 INN I Z 330 QOCE ? : , ]Hi ?u PHELAN HALLINAN & SCHMIEG LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 PHH Mortgage Corporation, F/K/A Cendant Mortgage Corporation, F/K/A PHH Mortgage Services Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION vs. Stephen M. Long Susan M. Long CUMBERLAND COUNTY Defendant(s) NO. 05-4230-Civil Term AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to Stephen M. Long and Susan M. Long at 1519 Carlisle Road, Camp Hill, PA 17011, 2320 North 6th Street, Harrisburg, PA 17110 on December 30, 2005, in accordance with the Order of Court dated December 21, 2005. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Date: January 3, 2006 1 a -- ?> c FRANCIS S. HALL AN, ESQUIRE Attorney for Plaintiff ??> ?;i <?; r` ?7• a ?? 1j'; ?. ' ? ' `" i PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 PHH MORTGAGE CORPORATION, F/WA CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, V. STEPHEN M. LONG SUSAN M. LONG NO. 05-4230 CIVIL TERM Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against STEPHEN M. LONG and SUSAN M. LONG, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $90,789.99 Interest from 08/17/05 to 02/09/06 $2,846.16 TOTAL $93,636.15 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. 1 • i1 /?? ? A ? ? DANIEL G. SCHMIEG, Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: Q? D U?o R PRO ROTHY PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 1215) 563-7000 PHH MORTGAGE CORPORATION, F/K/A CENDANT : COURT OF COMMON PLEAS MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CIVIL DIVISION Plaintiff CUMBERLAND COUNTY Vs. STEPHEN M. LONG SUSAN M. LONG Defendants TO: STEPHEN M. LONG 2320 NORTH 6TH STREET HARRISBURG, PA 17110 DATE OF NOTICE: JANUARY 20, 2006 NO. 054230 CIVIL TERM THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff 4 PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallman, Esq., td. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 PHH MORTGAGE CORPORATION, F/IUA CENDANT : COURT OF COMMON PLEAS MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CIVIL DIVISION Plaintiff Vs. STEPHEN M. LONG SUSAN M. LONG Defendants TO: SUSAN M. LONG 2320 NORTH 6Tn STREET HARRISBURG, PA 17110 DATE OF NOTICE: JANUARY 20, 2006 CUMBERLAND COUNTY NO. 05-4230 CIVIL TERM THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, FIUA PHH MORTGAGE SERVICES Plaintiff Vs. STEPHEN M. LONG SUSAN M. LONG Defendants TO: SUSAN M. LONG 1519 CARLISLE ROAD CAMP HILL, PA 17011 DATE OF NOTICE: JANUARY 20 7006 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 054230 CIVIL TERM THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563.7000 PH" MORTGAGE CORPORATION, FWA CENDANT : COURT OF COMMON PLEAS MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CIVIL DIVISION Plaintiff Vs. STEPHEN M. LONG SUSAN M. LONG Defendants TO: STEPHEN M. LONG 1519 CARLISLE ROAD CAMP HILL, PA 17011 CUMBERLAND COUNTY NO. 054230 CIVIL TERM DATE OF NOTICE:.IANIIARY 20.2006 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES 3000 LEADENHALL ROAD ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, NO. 05-4230 CIVIL TERM V. STEPHEN M. LONG SUSAN M. LONG Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant STEPHEN M. LONG is over 18 years of age and resides at, 1519 CARLISLE ROAD, CAMP HILL, PA 17011. (c) that defendant SUSAN M. LONG is over 18 years of age, and resides at, 1519 CARLISLE ROAD, CAMP HILL, PA 17011. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ES Attorney for Plaintiff 1 ps (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PHH MORTGAGE CORPORATION, F/K/A CUMBERLAND COUNTY CENDANT MORTGAGE CORPORATION, F/K/A . PHH MORTGAGE SERVICES COURT OF COMMON PLEAS 3000 LEADENHALL ROAD CIVIL DIVISION Plaintiff, NO. 05-4230 CIVIL TERM V. STEPHEN M. LONG SUSAN M. LONG Defendant(s). °?Not?ice is given that a Judgment in the above-captioned matter has been entered against you on j£,a 9 2006. By: If you have any questions concerning this matter, please contact: /? A". - DANIEL G. SCHMIEG, IRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Y-.? f 1 l7 iC . (? - f??'? .? ill C%r 1 __ 1 l U? .. _ ? ) _. }?.1 `, { r'?) it •t PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE. FORECLOSURE) P.R.C.P.3180-3183 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES Plaintiff, V. STEPHEN M. LONG SUSAN M. LONG Defendant(s). No. 05-4230 CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 02/09/06 to JUNE 07, 2006 (per diem -$15.39) $93,636.15 $1,816.02 Additional Costs TOTAL $2,437.75 $97,889.92 DANIEL G. SCHMIEG, ES UIRE One Penn Center at Suburb tation 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. a N C.2 =` 1 c w? zz Cow ? z p wa F? U zz ??w ? o ? p'0. O oz O U O c o WU, p ? a W o w 0o ?F WHO a? ? a ? H xz? a w Z y V , .r V } w a 1 a a U a rA V °' U U in b WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-4230 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES, Plaintiff (s) From STEPHEN M. LONG AND SUSAN M. LONG (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 $93,636.15 L.L. $.50 Interest FROM 2/9/06 TO 6/7/06 (PER DIEM - $15.39) - $1,816.02 Atty's Comm % Due Prothy $1.00 Arty Paid $224.62 Other Costs $2,437.75 Plaintiff Paid Date: FEBRUARY 17, 2006 CURTIS R. LONG Prothonotary (Seal) Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 b fN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH Mortgage Corporation, F/K/A Cendant Mortgage Corporation, FWA PHH Mortgage Services CIVIL DIVISION vs. NO. 05-4230 Civil Term DEC 14 Stephen M. Long Susan M. Long ORDER AND NOW, this ?10 day of _, 2005, upon consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on the above captioned Defendants, Stephen M. Long and Susan M. Long, by: 1. First class mail to Stephen M. Long and Susan M. Long at the last known address, 2320 North 6th Street, Harrisburg, PA 17110 and the mortgaged premises located at 1519 Carlisle Road, Camp Hill, PA 17011; and 2. Certified mail to Stephen M. Long and Susan M. Long at the last known address, 2320 North 6th Street, Harrisburg, PA 17110 and the mortgaged premises located at 1519 Carlisle Road, Camp Hill, PA--1-7 `BY--=FFIE-C RT:, I J. In Te unto s?.t my hand n? n SiJ?l ''?7 Sc C1 tirl C iisle, Pa. 2( ... PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, FIK/A PHH MORTGAGE SERVICES Plaintiff, V. STEPHEN M. LONG SUSAN M. LONG Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-4230 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant () Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. - bzo-OJAAU?n DANIEL G. SCHMIEG, ES?IXRE Attorney for Plaintiff a _ n _ ? -r? ?1 y '.: _. t.,? ? ..` PUB MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES Plaintiff, v. STEPHEN M. LONG SUSAN M. LONG NO. 05-4230 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,1519 CARLISLE ROAD, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) STEPHEN M. LONG SUSAN M. LONG 1519 CARLISLE ROAD CAMP HILL, PA 17011 1519 CARLISLE ROAD CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) STONEHEDGE CONDOMINIUM ASSOCIATION CARRIE LEVANS & TIM WELDON C/O PMI P.O. BOX 622 LEMOYNE, PA 17043 112 W. MAIN STREET, APT. / STE. 4 MECHANICSBURG, PA 17055 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION I 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 1519 CARLISLE ROAD CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. February 8, 2006 DATE DANIEL G. SCHMIEG, E UIRE Attorney for Plaintiff i?? N 'l _ 't 1 -? .. I ? T, , "" __?i _ J )?[l 3 N ?.. :, 7 .? if PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES Plaintiff, V. STEPHEN M. LONG SUSAN M. LONG Defendant(s). February 8, 2006 TO: STEPHEN M. LONG SUSAN M. LONG 1519 CARLISLE ROAD 1519 CARLISLE ROAD CAMP HILL, PA 17011 CAMP HILL, PA 17011 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 1519 CARLISLE ROAD, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on JUNE 07, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $93,636.15 obtained by PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION. F/K/A PHH MORTGAGE SERVICES (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3 NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. CUMBERLAND COUNTY No. 05-4230 CIVIL TERM You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) 1 YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point on the South side of Carlisle Road (which runs from New Cumberland westwardly to Spring Lake) on the dividing line between Lot Nos. I and 2 on the hereinafter mentioned Plan of Lots; thence in a southerly direction along said dividing line, 130 feet to a point; thence by other lands now or formerly of Ben J. Byerly and Muriel J. Byerly, his wife, 45.12 feet to a point on the dividing line of Lot Nos. 2 and 3 on said Plan; thence in a northerly direction along said last mentioned dividing line, 130 feet to Carlisle Road; thence in a westerly direction along the South side of Carlisle Road, 60 feet to the point or place of BEGINNING. BEING Lot No. 2 on the Plan of Lots laid out by Ben J. Byerly, recorded in Cumberland County Recorder's Office in Plan Book 4, Page 76. UNDER AND SUBJECT, NEVERTHELESS, to an easement 5 feet in width along the southerly or rear line of said lot for the installation of public utilities and to the restriction that no building or part thereof shall be erected within 25 feet of the southerly property line of Carlisle, Road. BEING known and numbered as 1519 Carlisle Road, Camp Hill, Pennsylvania. (Erroneously set forth in prior owner legal description as Plan Book 4, Page 79). Being Parcel # 13-23-0547-501 TITLE TO SAID PREMISES IS VESTED IN Stephen M. Long and Susan M. Long, his wife, by Deed from Lucille P. Morris, Trustee, under the Lucille P. Morris Living Trust, dated December 6, 1995, dated 7-31-98, recorded 8-4-98 in Deed Book 182, page 832. PHELAN HALLMAN & SCHMIEG, LLP By: DANIEL SCHMIEG, ESQUIRE IDENTIFICATION NO. 12248 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 COURT OF COMMON PLEAS (215) 563-7000 CIVIL DIVISION PHH MORTGAGE CORPORATION, F/K/A CUMBERLANDCOUNTY CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES No.: 05-4230 CIVIL TERM VS. STEPHEN M. LONG SUSAN M. LONG AFFIDAVIT I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to STEPHEN M. LONG and SUSAN M. LONG on 4/4/06 at 1519 CARLISLE ROAD, CAMP HILL, PA 17011 & 2320 NORTH 6TH STREET, HARRISBURG, PA 17110, in accordance with the Order of Court dated 12/21/05. The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. s 4904 relating to unsworn falsification to authorities. 5" ., DANIEL G. SCHMIEG, ESQftE Date: June 2. 2006 I -ti 7160 3901 9849 3991 7671 TO: STEPHEN M. LONG 1519 CARLISLE ROAD CAMO HILL, PA 17011 SENDER: SXM REFERENCE: PS Form 3800 January 2005 RETURN Postage .39 RECEIPT Certified Fee SERVICE 2.40 Return Receipt Fee Restricted Delivery Total Postage & Fees 0.00 PO RDAT. US Pbsfal Servoos Receipt for Certified Mail No Insurance Coverspe Provided 00 Not Use for kperM*WW Mel 7160 3901 9849 3991 7664 TO: SUSAN M. LONG 1519 CARLISLE ROAD CAMO HILL, PA 17011 SENDER: SXM REFERENCE: PS Form 3800 January 2005 RETURN Postage RECEIPT Certified Fee SERVICE 2.40 Return Receipt Fee Restricted Delivery Total Postage & Fees i U$ Po" Servim POST K Receipt for F ? ? r Certified Mail No Insurance Covaraps Provided 00 Not Use for k n Oonal Mel 7160 3401 9849 3991 7633 TO: STEPHEN M. LONG 2320 NORTH 6TH STREET HARRISBURG, PA 17110 SENDER: SXlvi REFERENCE: PS Form 3800 January 2005 RETURN Postage .39 RECEIPT Certified Fee 2.40 SERVICE Return Receipt Fee 1.85 Restricted Delivery " 0.00 Total Postage & Fees f4 U$ Po" Service OF{ T Receipt for *9 `' Certified Mail - No Insurance Coverape Provided Do Not we for ki wmdond Mel i 7160 3901 9849 3991 8739 TO: SUSAN M. LONG 2320 NORTH 6TH STREET ' HARRISBURG, PA 17110 SENDER: SXM REFERENCE: RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee I Restricted Delivery Total Postage & Fees i US Postal Servos Receipt for i Certified Mail No kisurancs Cowraps Provided Do Not Use for Mternafiond Mel i N '9 o t" • m z Cn _ A _ W _ N p 00 J O? LA A W N N r 6 ny ? C7 m lD Z C Q lD y g am" ? H c' ri l O O 3 w z b y z ? trf z z x ro z ? ? ? a ob r d r n b tc1c 4J / O eri , 7 n A r ? cn a 5 CN U ? s a z > M < Ln O m ? v ? N ° n ? O tTl o M ; u trj y n O d ry) y O r x b ? ? ? r a ?w ? y r W 4, O r+ ] t w w ? C ri 0 9 -3 En H 0 19 o tTj ??? M $O Cl A N 777 ' ° ?. . $ oa R ° ?1 C.yyrl a C) En R a ^ ° N fi• A y 5' •d ? cn r w 2R O ?. R - N a o cli i. '$ 7 O tZ r-- 0 n o n 'R m o>? f9 fD ??t Q > CD ? co ?yy o `a ? Z o Ro 22, °a? y .r r" r H Z v t z PQ% SSpS 0 V, t 9t ? ® - 02 1A $ 02.750 0004309825 FES17 2006 MAMED FROM ZIP CODE 1910 3 Cy ^' - er. T'7 -7 T-. -? FTI Cn w SALE DATE: SEPTEMBER 6.2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, No.: 05-4230 CIVIL TERM F/K/A PHH MORTGAGE SERVICES VS. STEPHEN M. LONG SUSAN M. LONG AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 1519 CARLISLE ROAD. CAMP HILL. PA 17011. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL SCHMIEG, ESQUME Attorney for Plaintiff September 5, 2006 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES Plaintiff, V. STEPHEN M. LONG SUSAN M. LONG CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 054230 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES, Plaintiff in the above action, by its attorney, DANIEL G. SCHN -HEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,1519 CARLISLE ROAD, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) STEPHEN M. LONG SUSAN M. LONG 1519 CARLISLE ROAD CAMP HILL, PA 17011 1519 CARLISLE ROAD CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) STONEHEDGE CONDOMINIUM ASSOCIATION CARRIE LEVANS & TIM WELDON C/O PMI P.O. BOX 622 LEMOYNE, PA 17043 112 W. MAIN STREET, APT. / STE. 4 MECHANICSBURG, PA 17055 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 1519 CARLISLE ROAD CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. Y? February 8. 2006 t?a Jil DATE DANIEL G. SCHMIEG, E UIRE Attorney for Plaintiff CUMBERLAND COUNTY PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES No.: 054230 CIVIL TERM VS. STEPHEN M. LONG SUSAN M. LONG AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 2) Plaintiff in the above action, by its attorney, DANIEL SCHMIEG, Esquire, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 1519 CARLISLE ROAD, CAMP HILL, PA 17011: 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) NEW CUMBERLAND BORO I; /:\u 101) S?[r C?1`J?GI a l'i 11200 MARKET STREET PO BOX 220 NEW CUMBERLAND, PA 17070 230 S. SPORTING HILL ROAD MECHANICSBURG, PA 17055 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) U.S. BANK NATIONAL ASSOCIATION, As trustee for HOME EQUITY LOAN TRUST 4758 MERCANTILE DRIVE FORT WORTH, TX 76137 5. Name and address of every other person who has any record lien on the property: Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. DANIEL SCHMIEG, ESQM;LE Attorney for Plaintiff June 2, 2006 DATE: February 16, 2006 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES VS. STEPHEN M. LONG SUSAN M. LONG TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): STEPHEN M. LONG SUSAN M. LONG PROPERTY: 1519 CARLISLE ROAD CAMP HILL, PA 17011 Improvements: Residential dwelling Judgment Amount: $93,636.15 CUMBERLAND COUNTY NO. 054230 CIVIL TERM The above-captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on JUNE 07, 2006, at the Cumberland County Courthouse, South Hanover Street, Carlisle, PA at 10:00 a.m.. Our records indicate that you may hold a mortgage, judgment, or other interest on the property, which may be extinguished by the sale. You may wish to attend the sale to protect your interests. If you have any questions regarding the type of lien or the effect of the Sheriffs Sale upon your lien, we urge you to CONTACT YOUR OWN ATTORNEY, as we are not permitted to give you legal advice. The Sheriff will file a schedule of Distribution on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. D.s1°FE: June 2, 2006 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES VS. STEPHEN M. LONG SUSAN M. LONG TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): STEPHEN M. LONG SUSAN M. LONG PROPERTY: 1519 CARLISLE ROAD CAMP HILL, PA 17011 Improvements: Residential dwelling Judgment Amount: $93,636.15 CUMBERLAND COUNTY NO. 054230 CIVIL TERM The above-captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on September 6, 2006, at the Cumberland County Courthouse, South Hanover Street, Carlisle, PA at 10:00 a.m.. Our records indicate that you may hold a mortgage, judgment, or other interest on the property, which may be extinguished by the sale. You may wish to attend the sale to protect your interests. If you have any questions regarding the type of lien or the effect of the Sheriffs Sale upon your lien, we urge you to CONTACT YOUR OWN ATTORNEY, as we are not pennitted to give you legal advice. The Sheriff will file a schedule of Distribution on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. I -I G p W C? mo K M S ?z a W Y X ?I moI` c, I- 1-t- ? w 1N 7 9 a ? ? my d 6 n 0' ?d"pb ? R t) a 74 o ? ? O ? ? o n n g PO $ a b L7 0 N ? y G ? 'Z a a a u a 9 0 0 I1? 02 IA z ? r NTryE?Y p90Yy-950 0004309825 F5$U0 N 02 MAILED FROM ZIP CODE 191 D3 E ? A W H x `" mo I x E B a V Wi I 11. its W 4 mIaI? N O W w 9 0 ?IA1wIN1? m ? (7 m d a a ?, G O z o r b m ;-7 ?y O ? o t? X O S+ N r o a U lA , ?6? O ? 9 f/• O 6 ? s O M n ? r ip 3 O d o 0 Y a o ? O yOr W U b G1 ?' b r a l ? W 0 l•. x V yes - ? ? ??t 027550 /j/3e ., 02 1A Y .'2006 /ti ;1 M• 0 0 0 43098 25 zip G01? 19103 Jl? MA11.ED FR01H 1? .d x o?g ti wit ? v ya? -d CA p ro v N CAI r o ai Z ? l -i C, PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 PHH Mortgage Corporation, f/k/a Cendant Mortgage Corporation, f/k/a PHH Mortgage Services ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff vs. Stephen M. Long Susan M. Long Defendants : Civil Division Cumberland County No. 05-4230 Civil Term PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on August 18, 2005, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on February 9, 2006 in the amount of $93,636.15. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. A Sheriffs Sale of the mortgaged property at 1519 Carlisle Road, Camp Hill, PA 17011 (hereinafter the "Property") was postponed or stayed for the following reasons: a) The Defendants filed a Chapter 13 Bankruptcy at docket number 1-06-01109 on June 6, 2006. Plaintiff obtained relief from automatic stay by order of court dated August 17, 2006. A true and correct copy of the Bankruptcy Relief Order is attached hereto, made part hereof, and marked as Exhibit "C". 4. The Property is listed for Sheriffs Sale on December 6, 2006. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $85,747.71 Interest Through 12/6/06 10,229.70 Per Diem $15.86 Late Charges 245.90 Legal fees 2,325.00 Cost of Suit and Title 1,642.61 Sheriffs Sale Costs 0.00 Property Inspections 174.90 Appraisal/BPO 0.00 MIP/PMI 484.33 NSF 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 5,254.01 TOTAL $106,104.16 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP Date: By: Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 PHH Mortgage Corporation, f/k/a Cendant Mortgage Corporation, f/k/a PHH Mortgage Services Plaintiff VS. ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division Cumberland County Stephen M. Long No. 05-4230 Civil Term Susan M. Long Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE Defendants executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 1519 Carlisle Road, Camp Hill, PA 17011. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. H. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. III. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. IV. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). The provision of the Mortgage which allows the Plaintiff to recover attorney's fees in the instant action is highlighted for the court's reference. In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. V. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958), Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. VI. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: By: Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Plaintiff V. STEPHEN M. LONG SUSAN M. LONG 1519 CARLISLE ROAD CAMP HILL, PA 17011 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. OE -'Y, .36 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE t? C -v ins: rn r- a 0 cn co w N n -n --t rll? -n You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. EEDERA4A1V AND P A? pRNEY FIL ,,PAN LEASE RETDRN Y Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 we herebY certify the With: n t' say t th^ 0? 1eC(T f ilv? PHA FEDERMM AND File #: 121151 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 121151 1. Plaintiff is PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: STEPHEN M. LONG SUSAN M. LONG 1519 CARLISLE ROAD CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 07/31/1998 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTTFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1473, Page: 32. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 121151 6. The following amounts are due on the mortgage: Principal Balance $85,747.71 Interest 2,717.52 03/01/2005 through 08/16/2005 (Per Diem $16.08) Attorney's Fees 1,250.00 Cumulative Late Charges 245.90 07/31/1998 to 08/16/2005 Cost of Suit and Title Search $ 550.00 Subtotal $ 90,511.13 Escrow Credit 0.00 Deficit 278.86 Subtotal 278.86 TOTAL $ 90,789.99 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. The mortgage premises are vacant and abandoned. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 90,789.99, together with interest from 08/16%2005 at the rate of $16.08 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN LINAN & SCH , LIP By. /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File#: 121151 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point on the South side of Carlisle Road (which runs from New Cumberland westwardly to Spring Lake) on the dividing line between Lot Nos. 1 and 2 on the hereinafter mentioned Plan of Lots; thence in a southerly direction along said dividing line, 130 feet to a point; thence by other lands now or formerly of Ben J. Byerly and Muriel J. Byerly, his wife, 45.12 feet to a point on the dividing line of Lot Nos. 2 and 3 on said Plan; thence in a northerly direction along said last mentioned dividing line, 130 feet to Carlisle Road; thence in a westerly direction along the South side of Carlisle Road, 60 feet to the point or place of BEGINNING. BEING Lot No. 2 on the Plan of Lots laid out by Ben J. Byerly, recorded in Cumberland County Recorder's Office in Plan Book 4, Page 76. UNDER AND SUBJECT, NEVERTHELESS, to an easement 5 feet in width along the southerly or rear line of said lot for the installation of public utilities and to the restriction that no building or part thereof shall be erected within 25 feet of the southerly property line of Carlisle, Road. UNDER AND SUBJECT to all restrictions, easements, covenants, conditions and agreements of record. BEING known and numbered as 1519 Carlisle Road, Camp Hill, Pennsylvania. (Erroneously set forth in prior owner legal description as Plan Book 4, Page 79). BEING THE SAME PREMISES which Lucille P. Moms, by Deed dated December 6, 1995 and recorded January 5, 1996 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 133, Page 771, granted and conveyed unto Lucille P. Morris, Trustee, or her successors in trust, under the Lucille P. Morris Living Trust, dated December 6, 1995, Grantor herein. File #: 121151 MARC J. HINKLE hereby states that he/she is V.P. of CENDANT MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing. Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. km'9d DATE: S-i /'?- / -?? Exhibit "B" • • PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., S 1400 PHILADELPHIA, PA.-?031t. C(215) 563-7000,L; "•` °`", ;ti rut ±'t PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 054230 CIVIL TERM STEPHEN M. LONG SUSAN M. LONG (, ? ??k `?? . k^ C-- +' 0 Ti 71 c Defendant(s). rr, PRAECIPE FOR IN REM JUDGMENT FOR FAILURE T CC:; l ni --.- ?F ANSWER AND ASSESSMENT OF DAMAGES r `' C, TO THE PROTHONOTARY: C _ " tv Kindly enter an in rem judgment in favor of the Plaintiff and against STEPHEN *F. LONG ai SUSAN M. LONG, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: M. set forth in Complaint Interest from 08/17/05 to 02/09/06 TOTAL $90;789.99 $2,846.16 $93,636.15 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DANIEL G. SCHIVIIEG, FILE COPY ? DAMAGES AR SESS'ED AS INDICATED. DATE: Attorney for Plaintiff '; 7Rr 61 R N 7 t PRO PROTHY Exhibit "C" IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: STEPHEN M. LONG SUSAN M. LONG Debtors Bk. No. 106-01109 MDF PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES Movant V. STEPHEN M. LONG SUSAN M. LONG Respondents Chapter No. 13 11 U.S.C. §362 ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 U.S.C. §362 is modified with respect to premises 1519 CARLISLE ROAD, CAMP HILL, PA 17011, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriff s Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED that Rule 4001(a)(3) is not applicable and PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES may immediately enforce and implement this Order granting Relief from the automatic stay. By the Cowt, Dated: August 17, 2006 Aa4V B P Judge This document is electronically signed and ;,filed on the same date. VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Phelan Hallinan & Schmieg, LLP DATE: a I 14, By: Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 PHH Mortgage Corporation, f/k/a Cendant Mortgage Corporation, f/k/a PHH Mortgage Services Court of Common Pleas Plaintiff : Civil Division VS. Stephen M. Long Susan M. Long Defendants : Cumberland County : No. 05-4230 Civil Term CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages and Brief in Support thereof were sent to the following individuals on the date indicated below. Stephen M. Long Susan M. Long 1519 Carlisle Road Camp Hill, PA 17011 DATE: 9 L Stephen M. Long Susan M. Long P.O. Box 10614 Harrisburg, PA 17105 Phelan Hallinan & Schmieg, LLP By: Michele M. Bradford, Es e Attorney for Plaintiff ,.....? `...3 ?? ? -7 "Y l J ?? ? ,? ?', -_ k' j ,,,,.y _} i1 . ... W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PHH Mortgage Corporation, f/k/a Cendant Mortgage Corporation, f/k/a PHH Mortgage Services Plaintiff VS. Stephen M. Long Susan M. Long Defendants RULE AND NOW, this a? Court of Common Pleas Civil Division Cumberland County No. 05-4230 Civil Term SEP 14 200 day of 2006, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Rule Returnable on the day of 2006, at 16.,3' kin the Cumberland County Courthouse, Carlisle, Pennsylvania) 1*•3 Ac ,`19 J. :a? ? oz 83S gpt1Z I I PHH Mortgage Corporation, fWa Cendant Mortgage Corporation, f/k/a PHH Mortgage Services VS Stephen M. Long and Susan M. Long In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-4230 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Daniel Schmieg. Sheriffs Costs: Docketing 30.00 Surcharge 30.00 Prothonotary 1.00 Law Library .50 Poundage 18.19 Advertising 15.00 Levy 15.00 Posting Handbills 15.00 Postpone Sale 20.00 Certified Mail 1.83 Mileage 26.40 Share of Bills 19.57 Patriot News 328.40 Law Journal $ 407.00 q/a ??D L 927 89 . V So Answers: R. Thomas Kline, Sheriff BYC Real Estate ergeant PITH MORTGAGE CORPORATION, FAK/A CUMBERLAND COUNTY CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. NO. 05-4230 CIVIL TERM STEPHEN M. LONG SUSAN M. LONG Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,1519 CARLISLE ROAD, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) STEPHEN M. LONG SUSAN M. LONG 1519 CARLISLE ROAD CAMP HILL, PA 17011 1519 CARLISLE ROAD CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) STONEHEDGE CONDOMINIUM ASSOCIATION CARRIE LEVANS & TIM WELDON C/O PMI P.O. BOX 622 LEMOYNE, PA 17043 112 W. MAIN STREET, APT. / STE. 4 MECHANICSBURG, PA 17055 d* 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 1519 CARLISLE ROAD CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. p 41 February 8, 2006 t?aJA •/? DATE DANIEL G. SCHMIEG, E DIRE Attorney for Plaintiff PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES Plaintiff, V. STEPHEN M. LONG SUSAN M. LONG Defendant(s). February 8, 2006 TO: STEPHEN M. LONG SUSAN M. LONG 1519 CARLISLE ROAD 1519 CARLISLE ROAD CAMP HILL, PA 17011 CAMP HILL, PA 17011 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OF ALIEN AGAINST PROPERTY. * * Your house (real estate) at, 1519 CARLISLE ROAD, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on JUNE 07, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $93,636.15 obtained by PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3 NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. CUMBERLAND COUNTY No. 054230 CIVIL TERM You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point on the South side of Carlisle Road (which runs from New Cumberland westwardly to Spring Lake) on the dividing line between Lot Nos. 1 and 2 on the hereinafter mentioned Plan of Lots; thence in a southerly direction along said dividing line, 130 feet to a point; thence by other lands now or formerly of Ben J. Byerly and Muriel J. Byerly, his wife, 45.12 feet to a point on the dividing line of Lot Nos. 2 and 3 on said Plan; thence in a northerly direction along said last mentioned dividing line, 130 feet to Carlisle Road; thence in a westerly direction along the South side of Carlisle Road, 60 feet to the point or place of BEGINNING. BEING Lot No. 2 on the Plan of Lots laid out by Ben J. Byerly, recorded in Cumberland County Recorder's Office in Plan Book 4, Page 76. UNDER AND SUBJECT, NEVERTHELESS, to an easement 5 feet in width along the southerly or rear line of said lot for the installation of public utilities and to the restriction that no building or part thereof shall be erected within 25 feet of the southerly property line of Carlisle, Road. BEING known and numbered as 1519 Carlisle Road, Camp Hill, Pennsylvania. (Erroneously set forth in prior owner legal description as Plan Book 4, Page 79). Being Parcel # 13-23-0547-501 TITLE TO SAID PREMISES IS VESTED IN Stephen M. Long and Susan M. Long, his wife, by Deed from Lucille P. Morris, Trustee, under the Lucille P. Morris Living Trust, dated December 6, 1995, dated 7-31-98, recorded 8-4-98 in Deed Book 182, page 832. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 05-4230 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/KIA PHH MORTGAGE SERVICES, Plaintiff (s) From STEPHEN M. LONG AND SUSAN M. LONG (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 $93,636.15 L.L. $.50 Interest FROM 2/9/06 TO 6/7/06 (PER DIEM - $15.39) - $1,816.02 Atty's Comm % Due Prothy $1.00 Atty Paid $224.62 Other Costs $2,437.75 Plaintiff Paid Date: FEBRUARY 17, 2006 CURTIS R. LONG Prothono y (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 57 aw On March 02, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, FA Known and numbered as 1519 Carlisle Road, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 02, 2006 By' I(G Real Estate Sergeant ZS :b b h Z 93A 4001 Val +dt..?"'P?? 1'.,.:1C"JY'?I{J 33183HS 3HI JO 331330 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 7, 14, 21, 2006 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. Marie Coyne, SWOX1 TO AND SUBSCKMED before me this 21 day of April, 2006 N1 7P,11 SEAL I/ Lr r YDFR, Nwary Public REAL ESTATE SALE NO. 57 Writ No. 2005-4230 Civil PHH Mortgage Corporation f/k/a Cendant Mortgage Corporation f/k/a PHH Mortgage Services vs. Stephen M. Long and Susan M. Long Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Town- ship of Lower Allen, County of Cumberland and State of Pennsyl- vania, being more particularly bounded and described as follows, to wit: BEGINNING at a point on the South side of Carlisle Road (which runs from New Cumberland west- wardly to Spring Lake) on the divid- ing line between Lot Nos. 1 and 2 on the hereinafter mentioned Plan of Lots; thence in a southerly direc- tion along said dividing line, 130 feet to a point; thence by other lands now or formerly of Ben J. Byerly and Muriel J. Byerly, his wife, 45.12 feet to a point on the dividing line of Lot Nos. 2 and 3 on said Plan; thence in a northerly direction along said last mentioned dividing line, 130 feet to Carlisle Road; thence in a west- erly direction along the South side of Carlisle Road, 60 feet to the point or place of BEGINNING. BEING Lot No. 2 on the Plan of Lots laid out by Ben J. Byerly, re- corded in Cumberland County Recorder's Office in Plan Book 4, Page 76. UNDER AND SUBJECT, NEVER- THELESS, to an easement 5 feet in width along the southerly or rear line of said lot for the installation of public utilities and to the restric- tion that no building or part thereof shall be erected within 25 feet of the southerly property line of Carlisle, Road. BEING known and numbered as 1519 Carlisle Road, Camp Hill, Pennsylvania. (Erroneously set forth in prior owner legal description as Plan Book 4, Page 79). Being Parcel # 13-23-0547-501 TITLE TO SAID PREMISES IS VESTED IN Stephen M. Long and Susan M. Long, his wife, by Deed from Lucille P. Morris, Trustee, un- der the Lucille P. Morris Living Trust, dated December 6, 1995, dated 7-31-98, recorded 8-4-98 in Deed Book 182, page 832. I't THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 19th and 26th day(s) of April and the 3rd day(s) of May 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#57 . .. ...... . ............................... Sworn to and b efore A.D. Terry L. Russell, Notary Public City of Harrisburg, Dauphin County My Commission Expires June 6, 2006 Aqq NOTWRY PUBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 PHH MORTGAGE CORPORATION, : IN THE COURT OF COMMON PLEAS OF f/k/a Cendant Mortgage Services : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. . NO. Defendants 05-4230 Civil Term STEPHEN M. LONG and SUSAN M. LONG, ENTRY OF APPEARANCE AS LOCAL COUNSEL Dear Sir: I hereby enter my appearance as local counsel, in conjunction with the Law Offices of Phelan Hallinan Schmieg, for the limited purpose of representing the Plaintiff at Rule Returnable Argument to be held on Friday, October 13, 2006. Date: September 29, 2006 Dale F. Shug art?rt Supreme Court I. 19373 10 West High Street Carlisle, PA 17013 (717) 241-4311 cc: Michele M. Bradford, Esquire, Phelan Hallinan Schmieg Stephen M. Long and Susan M. Long, Defendants ? r-a v n s ! f ? ? ..eG ? . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHELAN HALLINAN & SCHMIEG by: MICHELE M. BRADFORD, Esquire Atty. I.D. No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 PHH Mortgage Corporation, f/k/a Cendant Mortgage Corporation, f/k/a PHH Mortgage Services Plaintiff VS. Stephen M. Long Susan M. Long Defendant ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 05-4230 Civil Term CERTIFICATION OF SERVICE I, MICHELE M. BRADFORD, Esquire, hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of October 13, 2006 at 10:30 AM has been served upon the following persons: Stephen M. Long Susan M. Long 1519 Carlisle Road Camp Hill, PA 17011 Stephen M. Long Susan M. Long P.O. Box 10614 Harrisburg, PA 17105 PHELAN HALLINAN & SCHMIEG, LLP Date: By: Michele M. Brad rd squire Attorney for Plab4rff ti C C:D `37 -- J CTS ..,....r 1 C/D IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH Mortgage Corporation, f/k/a Cendant Mortgage Corporation, f/k/a PHH Mortgage Services Plaintiff VS. Stephen M. Long Susan M. Long Defendants : Court of Common Pleas : Civil Division : Cumberland County No. 05-4230 Civil Term ?y ORDER AND NOW, this day of OGt? 2006 the Prothonotary is ORDERED to amend ? ?' the judgment in this case as follows: Principal Balance $85,747.71 Interest Through 12/6/06 10,229.70 Per Diem $15.86 Late Charges 245.90 Legal fees 2,325.00 Cost of Suit and Title 1,642.61 Sheriffs Sale Costs 0.00 Property Inspections 174.90 Appraisal/BPO 0.00 MIP/PMI 484.33 NSF 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 5,254.01 TOTAL $106,104.16 Plus interest from 12/6/06 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs above figure. L?t°r???? J. 121151 N ?2 ?? - .?{ c?'? `I. .." "a? y- _. _, ?t,- ..?- , C_ C?-. `:: - c :°4c. • c; ?• PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES Plaintiff, No. 05-4230 CIVIL TERM V. STEPHEN M. LONG SUSAN M. LONG Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $93,636.15 Interest from 02/09/06 to MARCH 7, 2007 $5,186.43 and Costs (per diem -$15.39) TOTAL $98,822.58 A01 /Y" A , X H. b 41?jw??? DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 0 a? Boa ?? w o o?' ?ow w° N o a pv? ? w wr Q o ~ c ? ?, a w d , a U v-w d o. c.? ti ? 1 M A3 t 4 30 13 0- a ?„ ?, r J Cj V) 00 t- r p., w xx Phok. ?Uv ?o a? w Q ? UU o? Pe WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-4230 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES, Plaintiff (s) From STEPHEN M. LONG AND SUSAN M. LONG (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 $93,636.15 L.L. Interest FROM 2/9/06 TO 3/7/07 (PER DIEM - $15.39) -- $5,186.43 AND COSTS Atty's Comm % Atty Paid $1165.01 Plaintiff Paid Date: OCTOBER 20, 2006 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Due Prothy $1.00 Other Costs 1 Curt R. Long P onotar By: Deputy IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: STEPHEN M. LONG SUSAN M. LONG Debtors Bk. No. 106-01109 MDF PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES Movant V. STEPHEN M. LONG SUSAN M. LONG Respondents Chapter No. 13 11 U.S.C. §362 ORDER MODIFYING §362 AUTOMATIC STAY Upon consideration of Motion of PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES (Movant), it is: ORDERED that the Automatic Stay of all proceedings, as provided under 362 of the Bankruptcy Code 11 U.S.C. §362 is modified with respect to premises 1519 CARLISLE ROAD, CAMP HILL, PA 17011, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriff's Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED that Rule 4001(a)(3) is not applicable and PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES may immediately enforce and implement this Order granting Relief from the automatic stay. By the Court, Dated: August 17, 2006 Ban p Adgi (EM This document is electronically signed and faded on the same date. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH Mortgage Corporation, F/K/A Cendant Mortgage Corporation, F/K/A PHH Mortgage Services CIVIL DIVISION VS. NO. 05-4230 Civil Term DEC 10uJ Stephen M. Long Susan M. Long ORDER AND NOW, this day of ijp-'e? , 2005, upon consideration of Plaintiff s Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on the above captioned Defendants, Stephen M. Long and Susan M. Long, by: 1. First class mail to Stephen M. Long and Susan M. Long at the last known address, 2320 North 6th Street, Harrisburg, PA 17110 and the mortgaged premises located at 1519 Carlisle Road, Camp Hill, PA 17011; and 2. Certified mail to Stephen M. Long and Susan M. Long at the last known address, 2320 North 6th Street, Harrisburg, PA 17110 and the mortgaged premises located at 1519 Carlisle Road, C, TRUE COPY In Te hereof and T",-?i of said Thi ....1... da) ROM RECORD retire unto set my hand P file, Pa. J. PHELAN HALLINAN AND SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES Plaintiff, V. STEPHEN M. LONG , SUSAN M. LONG Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-4230 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage ( ) non-owner occupied ( ) vacant ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. A!"Jv"4 DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff P R } O N "? „PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES V. Plaintiff, STEPHEN M. LONG SUSAN M. LONG Defendant(s). CIVIL DIVISION NO. 05-4230 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,1519 CARLISLE ROAD, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name STEPHEN M. LONG SUSAN M. LONG CUMBERLAND COUNTY COURT OF COMMON PLEAS Last Known Address (if address cannot be reasonably ascertained, please indicate) 1519 CARLISLE ROAD CAMP HILL, PA 17011 1519 CARLISLE ROAD CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name STONEHEDGE CONDOMINIUM ASSOC. CARRIE LEVANS & TIM WELDON NEW CUMBERLAND BORO HAMPDEN TOWNSHIP Last Known Address (if address cannot be reasonably ascertained, please indicate) C/O PMI PO BOX 622 LEMOYNE, PA 17043 112 W. MAIN STREET, APT./STE. 4 MECHANICSBURG, PA 17055 11200 MARKET STREET PO BOX 220 NEW CUMBERLAND, PA 17070 230 S. SPORTING HILL ROAD MECHANICSBURG, PA 17055 Jr. 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) U.S. BANK NATIONAL ASSOCIATION, 4758 MERCANTILE DRIVE AS TRUSTEE FOR HOME EQUITY LOAN TRUST FORT WORTH, TX 76137 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 1519 CARLISLE ROAD CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. October 18, 2006 Aaz-yi? n ? 0 'nM. - ' DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff y ? t Q rn- n i -a ? J d1k PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES Plaintiff, V. STEPHEN M. LONG SUSAN M. LONG Defendant(s). CUMBERLAND COUNTY No. 05-4230 CIVIL TERM October 18, 2006 TO: STEPHEN M. LONG 1519 CARLISLE ROAD CAMP HILL, PA 17011 SUSAN M. LONG 1519 CARLISLE ROAD CAMP HILL, PA 17011 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 1519 CARLISLE ROAD, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on MARCH 7, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $93,636.15 obtained by PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 4k You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point on the South side of Carlisle Road (which runs from New Cumberland westwardly to Spring Lake) on the dividing line between Lot Nos. 1 and 2 on the hereinafter mentioned Plan of Lots; thence in a southerly direction along said dividing line, 130 feet to a point; thence by other lands now or formerly of Ben J. Byerly and Muriel J. Byerly, his wife, 45.12 feet to a point on the dividing line of Lot Nos. 2 and 3 on said Plan; thence in a northerly direction along said last mentioned dividing line, 130 feet to Carlisle Road; thence in a westerly direction along the South side of Carlisle Road, 60 feet to the point or place of BEGINNING. BEING Lot No. 2 on the Plan of Lots laid out by Ben J. Byerly, recorded in Cumberland County Recorder's Office in Plan Book 4, Page 76. UNDER AND SUBJECT, NEVERTHELESS, to an easement 5 feet in width along the southerly or rear line of said lot for the installation of public utilities and to the restriction that no building or part thereof shall be erected within 25 feet of the southerly property line of Carlisle, Road. BEING known and numbered as 1519 Carlisle Road, Camp Hill, Pennsylvania. (Erroneously set forth in prior owner legal description as Plan Book 4, Page 79). BEING THE SAME PREMISES which Lucille P. Morris, by Deed dated December 6, 1995 and recorded January 5, 1996 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 133, Page 771, granted and conveyed unto Lucille P. Morris, Trustee, or her successors in trust, under the Lucille P. Morris Living Trust, dated December 6, 1995, Grantor herein. Being Parcel # 13-23-0547-501 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Stephen M. Long and Susan M. Long, his wife, by Deed from Lucille P. Morris, Trustee, under the Lucille P. Morris Living Trust, dated December 6, 1995, dated 7-31-98, recorded 8-4-98 in Deed Book 182, page 832. t3 C Q C .. cn ? F G? , j I7 : N 40. Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102 (215) 563-7000 PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION F/K/A PHH MORTGAGE SERVICES Plaintiff, V. STEPHEN M. LONG SUSAN M. LONG Defendant(s). Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-4230 CIVIL TERM AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to STEPHEN M. LONG & SUSAN M. LONG on OCTOBER 19, 2006 at 1519 CARLISLE ROAD, CAMP HILL, PA 17011 & 2320 NORTH 6TH STREET, HARRISBURG, PA 17110 in accordance with the Order of Court dated DECEMBER 21, 2005. The undersigned understands that this statement is made subject to the penalties of IS Pa.C.S. 4904 relating to the unsworn falsification to authorities. PHELAN By: Dated: December 1, 2006 & SCHMIEG, LLP ESQUIRE 7160 3901 9849 6942 8017 TO: STEPHEN M. LONG 2320 NORTH 6TH STREET HARRISBURG, PA 17110 SENDER: TEAM4 LLD REFERENCEJ21151 7160 3901 9849 6942 8024 t TO: SUSAN M. LONG 1519 CARLISLE ROAD CAMP HILL, PA 17011 SENDER: TEAM 4 LLD RETURN Postage .39 RECEIPT Certified Fee 2.40 SERVICE i Return Receipt Fee 1.85 E Restricted Delivery 3.70 Total Postage & Fees 1 POST US Postal Service M TE F Receipt for R Fib Certified Mail r r z? ?? 9 E No Insurance Coverage Provided r Do Not Use for International Mail t REFERENCE121151 PS Form 3800 January 2005 .39 RETURN Postage 2.40 RECEIPT Certified Fee 1 85 SERVICE Return Receipt Fee . 3.70 Restricted Delivery .34 Total Postage & Fees POSTMAl3KE US Postal Serwv Receipt for tified Mail C r er h No Insurance Coverage Provided Do Not Use for International Mail ,_ 7160 3901 9849 6942 8031 TO: SUSAN M. LONG 2320 NORTH 6TH STREET HARRISBURG, PA 17110 SENDER: TEAM4 LLD REFERENCEt21151 c RETURN Postage .39 RECEIPT SER Certified Fee 2.40 VICE Return Receipt Fee 1.85 Restricted Delivery Total Postage & Fees 8.34 US Postal Service POSTMARK O iZATE i Receipt for a Certified Mail No Insurance Coverage Provided j Do Not Use for International Mail ,, - 7160 3901 9849 6942 8000 TO: STEPHEN M. LONG 1519 CARLISLE ROAD CAMP HILL, PA 17011 SENDER: TEAM4 LLD REFERENCEL21151 PS Form 380 0 January 2005 39 RETURN Postage RECEIPT Certified Fee 2.40 SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees ' POSTMARK OR Gk "` - US Postal Service Receipt for Certified Mail s No Insurance Coverage Provided ' Do Not Use for International Mail j IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH Mortgage Corporation, F/K/A Cendant Mortgage Corporation, F/K/A PHH Mortgage Services vs. Stephen M. Long Susan M. Long AND NOW, this DEC 10U CIVIL DIVISION NO. 05-4230 Civil Term ORDER day of T'0?? , 2005, upon asp consideration of Plaintiffs Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on the above captioned Defendants, Stephen M. Long and Susan M. Long, by: 1. First class mail to Stephen M. Long and Susan M. Long at the last known address, 2320 North 6th Street, Harrisburg, PA 17110 and the mortgaged premises located at 1519 Carlisle Road, Camp Hill, PA 17011; and 2. Certified mail to Stephen M. Long and Susan M. Long at the last known address, 2320 North 6th Street, Harrisburg, PA 17110 and the mortgaged premises located at 1519 Carlisle Road, Camp Hill,..PA-i9 ?IIE C RT•??° MEE 'ROM RECORD In Te ; f,?-, vizctcuf, i irsre unto sat my? Nzand and n scNi of said ure g)l i s4e, Pa. Thi ......... d#?.;, Prot onotary t? ?-- ?? a? j -? _ . t ? , _ _ - . ?' -p t'i't ' j - - " C -.: t _, ? _ ?? - . ,--? __ ?? C ii ? r 1, ? ? .... ? A6 SALE DATE: MARCH 7, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE No.: 05-4230 CIVIL TERM CORPORATION, FIK/A PHH MORTGAGE SERVICES VS. STEPHEN M. LONG SUSAN M. LONG AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 1519 CARLISLE ROAD, CAMP HILL, PA 17011. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL SCHMIEG, ESQUIRE Attorney for Plaintiff January 25, 2007 r ?o pO x ?aR w .ta N r ? ?6 ?G Q? ??, d N GA ? ? Oy 'Ara 0 4 r a t V a y Jill M It U. v? r `d a Vy (!? 1q p y r 4 b .W r y O ? r ?tl a 9 d 02 "A 0C 19 ZOOb 0004298010 6cokIQ103 MAC FROM C:D is PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES Plaintiff, V., STEPHEN M. LONG SUSAN M. LONG Defendant(s). TO: STEPHEN M. LONG 1519 CARLISLE ROAD CAMP HILL, PA 17011 October 18, 2006 CUMBERLAND COUNTY No. 05-4230 CIVIL TERM SUSAN M. LONG 1519 CARLISLE ROAD CAMP HILL, PA 17011 I "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * " 129.3. Your house (real estate) at, 1519 CARLISLE ROAD, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on MARCH 7, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $93,636.15 obtained by PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule NO'T'ICE OF ^`_" j of the prothon Cou 0u$e Berland County ?,thouse Square PA 17013 C- u-: a C? Ls.. z C1. U ?o ?aa ROAD SUSANL JISLG 1519 C CAMP HILL' I Nxx. or- 2S 01,291cr? C To SS PJV©RESSEO D!'E FORWA RTVSRA TO N Rp O-r t>'EVNAt3L„E lilltttl?ttt?'tit?tlttl?tllittl l'{il' .7 ipi3 tlitlt,hl tit PHELAN HALLINAN AND SCHMIEG, LLP By: MICHELE M. BRADFORD, ESQ. Atty. I.D. No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF PHH Mortgage Corporation COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff Cumberland County vs. : Long, M. Stephen Long M. Susan : No. 2005-4230 Defendant EXCEPTIONS TO SHERIFF'S SALF DISTRIBUTION PURSUANT TO PA_R_C_P_ RULF 3136(4) And now comes Plaintiff, PHH Mortgage Corporation, by and through its counsel, Phelan Hallinan & Schmieg, LLP, and prays that this Honorable Court grant Plaintiff's Exceptions to Sheriff s Sale Distribution of Proceeds for the following reasons: 1. The Plaintiff is PHH Mortgage Corporation, the holder of that certain Mortgage dated 7/31/1998 and recorded 8/4/1998 in Mortgage Book 1473 Page 32. 2. The underlying loan became delinquent and Plaintiff initiated foreclosure proceedings on 8/18/2005. Attached hereto, made a part hereof and marked as Exhibit "A" is a true and correct copy of the Complaint in mortgage foreclosure. 3. On 3/7/2007, the premises located at 1519 Carlisle Road, Camp Hill, PA 17011 was sold at judicial sale pursuant to Writ of Execution issued out of the captioned case. ` Attached hereto, made a part hereof, and marked as Exhibit "B" are a true and correct copies of the Praecipe for Judgment and reassessment order. 4. At the judicial sale, the property was struck down to a third party bidder for the amount of $114,900.00. 5. On or about 4/5/07, in accordance with Pa.R.C.P. 3136(d), the Sheriff issued a proposed Schedule of Distribution, which distribution listed the Plaintiff as receiving $107,604.16. Attached hereto, made a part hereof and marked as Exhibit "C"' is a true and correct copy of the Sheriff s proposed Schedule of Distribution. 6. The Sheriff's proposed Schedule of Distribution fails to reference the proper amount to be paid to the executing Plaintiff. 7. Plaintiff believes and therefore avers, that it is entitled to proceeds in the amount of $112,643.25, as this is the total sum available for distribution after payment of the cost of sale and municipal liens, 8. Plaintiff has expended additional sums to pay real estate taxes and other cost collectable under the Note and Mortgage relative to the mortgaged property. The Superior Court of Pennsylvania held in the case of Fxtr o Mortgage v_ Williams 2002 WL 1737474 (Pa. Super 2002), that payments for taxes, insurance, and other costs relate back to the date of the Mortgage for priority and that those amounts can be collected in distribution of third parry sale proceeds even if they were not claimed in the mortgage foreclosure Complaint or included in the judgment amount. 9. Plaintiff is entitled to be paid these additional sums from distribution of the sale proceeds in this matter to the extent available. The amounts due Plaintiff are as follows: Principal Balance Interest to 3/7/2007 Escrow Deficit Corporate Advance Late Charges Property Inspections MIP Current Sheriff's Deposit Total $85,747.71 $11,688.46 $5,875.79 $8,231.98 $245.90 $245.40 $77.44 1,500.00 $113,612.68 WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order directing distribution to the executing Plaintiff in the amount of $112,643.25. Respectfully submitted, PHEL4V 1fMT*4N 1-\TD SCHMIEG, LLP Date: April 12. 2007 By: M. BVadVd, Esq. -.v for Plaintiff PHELAN HALLINAN AND SCHMIEG, LLP By: MICHELE M. BRADFORD, ESQ. Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 ((2.15) 563-7000 PHH Mortgage Corporation : COURT OF COMMON PLEAS : CIVIL DIVISION Plaintiff Cumberland County vs. Long, M. Stephen Long, M. Susan : No. 2005-4230 Defendant BRIEF IN SUPPORT OF PLAINTIFF'S EXCEPTIONS TO DISTRIBUTION I. FACTUAL BACKGROUND The instant action was commenced by the filing of a Complaint in mortgage foreclosure on 8/18/2005. By reason of Defendant's failure to answer the Complaint, default judgment was entered on 2/9/2006. Plaintiff's damages were re-assessed in the amount of $106,104.16 at the time of the entry of judgment. Plaintiff also caused a Writ of Execution to be issued and listed the mortgaged property for Sheriff's Sale on 3/7/2007. The property was sold at the 3/7/2007 Sheriff's Sale to a third parry for the sum of $114,900.00. Since the time of the filing of the Complaint and judgment, Plaintiff has expended additional sums in order to pay real estate taxes, and hazard insurance premiums relative to the mortgage property, as well as other monies collectable under the Note and Mortgage. On or about 4/5/07, in accordance with Pa.R.C.P. 3136(d), the Sheriff issued a proposed Schedule of Distribution, which proposes to pay Plaintiff $107,604.16. The Sheriff's proposed Schedule of Distribution fails to reference the proper amount to be paid to the executing Plaintiff. II. LEGAL AITTHORITY Pennsylvania Rule of Civil Procedure 3136(d) allows a party to file Exceptions to the Sheriff s proposed Schedule of Distribution within ten days. In the instant case, Plaintiff filed timely exceptions. The Superior Court of Pennsylvania held in the case of Fxtraca Mortgage v_ Williams, 2002 Pa. Super. 246, 805 A.2d 543 (Pa. Super. 2002), that payments for taxes and insurance, and through implication, other costs collectable under the Note and Mortgage, made by a senior lienholder following the entry of default judgment on its Mortgage relate back to the date of mortgage for the priority. In the instant matter, Plaintiff has expended additional sums, including taxes and insurance premiums, relative to the mortgaged property to protect its collateral. In accordance with the holding in Extraco Mortgage v_ Williams, these amounts are recoverable upon the distribution of sale proceeds and take priority over any amounts owed to junior lienholders. The facts of the instant case are identical to those in Extr w Mortgage v_ Williams. In footnote 3 of that Opinion, the Superior Court explains that the second mortgagee is not harmed by the first mortgagee recouping the taxes and insurance from the Sheriff s sale proceeds. If the first mortgagee had not paid them, the second mortgagee would pay them by default. The Superior Court held that a foreclosing mortgagee is not required to file a Motion to Reassess Damages before Sheriff s sale in order to recover its advances on the loan. In addition this Court has plenary power to administer equity according to well settled principles of equity jurisprudence cases under its jurisdiction. C'heval v C;ih of Philadelphia, 176 A, 779, 116 Pa. Super. 101 (1935). Moreover, it is well settled that Courts will lean to a liberal exercise of the equity power conferred upon them without encouraging technical niceties in the modes of procedure and forms of pleading. Gunn .tt v Trout, 112 A.2d, 333, 380 Pa. 504 (1955). As such, Plaintiff submits that this Court should exercise it equity and discretion to allow the instant motion to be heard as it was promptly filed in anticipation of the distribution of proceeds of sale in this matter. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order directing distribution to the executing Plaintiff in the amount of $112,643.25. Respectfully submitted, P L AND SCHMIEG, LLP Date: And] 12, 2007 By: Miche M. Bradfor , Esq. Attorney for Plaintiff ?i.I? I T A. E? PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Plaintiff V. STEPHEN M. LONG SUSAN M. LONG 1519 CARLISLE ROAD CAMP HILL, PA 17011 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. L?2l0c CUMBERLAND COUNTY Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. ADER'4 IV A ND Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 0011 the aF Tuon GERMAN AN Phr-- File 4: 121151 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #_ 121151 I - Plaintiff is PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: STEPHEN M. LONG SUSAN M. LONG 1519 CARLISLE ROAD CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 07/31/1998 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINITFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1473, Page: 32. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to snake such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 121151 6. The following amounts are due on the mortgage: Principal Balance $85,747.71 Interest 2,717.52 03/01/2005 through 08/16/2005 (Per Diem $16.08) Attorney's Fees 1,250.00 Cumulative Late Charges 245.90 07/31/1998 to 08/16/2005 Cost of Suit and Title Search $ 550.00 Subtotal $ 90,511.13 Escrow Credit 0.00 Deficit 278.86 Subtotal $ 278.86 TOTAL $ 90,789.99 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. The mortgage premises are vacant and abandoned. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 90,789.99, together with interest from 08/16/2005 at the rate of $16.08 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN LLINAN & SCH , LLP By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File#: 121151 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point on the South side of Carlisle Road (which runs from New Cumberland westwardly to Spring Lake) on the dividing line between Lot Nos. 1 and 2 on the hereinafter mentioned Plan of Lots; thence in a southerly direction along said dividing line, 130 feet to a point; thence by other lands now or formerly of Ben J. Byerly and Muriel J. Byerly, his wife, 45.12 feet to a point on the dividing line of Lot Nos. 2 and 3 on said Plan; thence in a northerly direction along said last mentioned dividing line, 130 feet to Carlisle Road; thence in a westerly direction along the South side of Carlisle Road, 60 feet to the point or place of BEGINNING. BEING Lot No. 2 on the Plan of Lots laid out by Ben J. Byerly, recorded in Cumberland County Recorder's Office in Plan Book 4, Page 76. UNDER AND SUBJECT, NEVERTHELESS, to an easement 5 feet in width along the southerly or rear line of said lot for the installation of public utilities and to the restriction that no building or part thereof shall be erected within 25 feet of the southerly property line of Carlisle, Road. UNDER AND SUBJECT to all restrictions, easements, covenants, conditions and agreements of record. BEING known and numbered as 1519 Carlisle Road, Camp Hill, Pennsylvania. (Erroneously set forth in prior owner legal description as Plan Book 4, Page 79). BEING THE SAME PREMISES which Lucille P. Morris, by Deed dated December 6, 1995 and recorded January 5, 1996 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 133, Page 771, granted and conveyed unto Lucille P. Morris, Trustee, or her successors in trust, under the Lucille P. Morris Living Trust, dated December 6, 1995, Grantor herein. File#: 121151 MARC J. HINKLE hereby states that he/she is V.P. of CENDANT MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. h?f DATE: S-) EXHIBIT B PHELAN HA.LLMAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney i6r Plaintiff ONE PENN CENTER AT SUBURBAN STATION qT? 1400 f617 JOHN F. KENNEDY BLVD., Sk PHILADELPHIA, P -1#1?4, i,"i fi (215) 563-7000 ?e,y i ? a'`•, '?' ? i r fi PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Plaintiff, v. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-4230 CIVIL TERM STEPHEN M. LONG s a SUSAN M. LONG Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE ANSWER AND ASSESSMENT OF DAMAGES: `° TO THE PROTHONOTARY: r_ { V-0 50 Kindly enter an in rem judgment in favor of the Plaintiff and against STEPHEN f LONG and SUSAN M. LONG, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $90,789.99 Interest from 08/17/05 to 02/09/06 $2,846.16 TOTAL $93,636.15 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. DANIEL G. SCHMIEG, ,Y - Attorney for Plaintiff e DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY IN THE COURT OF COMMON PLEAS CLINWERLA" CO(NW, PENNSYLVANIA PHR Mortgage Corporation, fWa Cendant Mortgage Corporation, f!lrJa Pffli Mortgage Services ; Court of Common Pleas Plaintiff : Civil Division Y5. Stephen M. Tong Susan M. Long : Cumberland County No. 05-4230 Civil Tenn ]defendants OYtDE.R NO. 482 P03 141 AND NOW, this-LL day of v , 2006 ilie Prothonotary is ORDERED to amend theludgnent in this case as follows: Principal Baiance $85,747.71 Interest Through 1216106 ] 0,229.70 Per Diem $15.86 Late Charges 245.90 Legal fees 2,325.00 Cost of Suit and Title 1,642.61 Sheriffs Sale Costs 0.00 Property Inspections 174.90 Apprais&VBPO 0.00 IvIIP/PMI 484.33 NSF 0-00 Suspense/Misc. Credits 0.00 Escrow Deficit 5,254.01 TOTAL $106,104.116 Plus interest from 1216/06 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure- BY THE COURT J. 121151 TRUE -COPY FROM REWRV InT homy whereof, f here unto sex aW MW aw to W ?e,l 9f said Cou at Isle-A6 TIC-, Y rrr , •1 r.?,w+?t EXHIBIT C SCHEDULE OF DISTRIBUTION SALE NO. 22 Date Filed: April 05, 2007 Writ No. 2005-4230 Civil Term PHH Mortgage Corporation f/k/a Cendant Mortgage Corporation f/k/a VS Stephen M. Long and Susan M. Long 1519 Carlisle Road Camp Hill, PA 17011 Sale Date: March 07, 2007 Buyer: Deborah S. Hoover Bid Price: $114,900.00 Real Debt: $93,636.15 Interest: 5,186.43 Attorney Costs: 1,165.01 Total: DISTRIBUTION: PHH Mortgage Services $99,987.59 ($106,104.16 per court order to reassess damages) Receipts: Cash on account (11/01/2006): Cash on account (03/07/2007): Cash on account (03/23/2007) $ 1,500.00 11,490.00 108,363.34 Total Receipts: $121,353.34 Disbursements: ' Sheriffs Costs $3,494.71 Legal Search 200.00 Local Transfer Tax 1,227.67 State Transfer Tax 1,227.67 Bonnie K. Miller, Tax Collector 493.17 Lower Allen Township (sewer) 173.32 Lower Allen Township (refuse) 393.55 Attorney Daniel Schmieg 1,500.00 PHH Mortgage Corporation 106,104.16 PSECU 6,539.09 Total Disbursements: ($121,353.34) Balance for distribution: 0.00 So Answers: R. Thomas Kline Sheriff ,~4 dr VERIFICATION I, Michele M. Bradford, Esquire, hereby state that I am the attorney for the Plaintiff herein and am authorized to make this verification. I hereby verify that the information contained in Plaintiff's Exceptions to Sheriff's Sale Distribution Pursuant to Pa.R.C.P., 3136(d) is true and correct to the best of my knowledge, information and belief. I am aware that this verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Respectfully submitted, { PHEL L INA ND SCHMIEG, LLP Date: Anr? it 12, 2007 By:- 'L Mich . Bradford, Esq. Attorn y for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP BY: MICHELE M. BRADFORD, ESQUIRE Identification No. 69849 One Penn Center At Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) -563-7000 PHH Mortgage Corporation Plaintiff VS. Long, M. Stephen Long, M. Susan Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County No. 2005-4230 I hereby certify a true and correct copy of the foregoing Exceptions to Sheriff's Sale was served by regular mail on: LONG, M. Stephen 1519 Carlisle Road Camp Hill, PA 17011 COMMONWEALTH, OF PA DEPT OF WELFARE P.O. BOX 2675 Harrisburg, PA 17105 STONEHEDGE CONDOMINIUM ASSOC. CIO PMI, P.O. BOX 622 Lemoyne, PA 17043 NEW CUMBERLAND BORO 11200 Market Street P.O. Box 220 New Cumberland, PA 17070 U.S. BANK N.A., AS TRUSTEE AS TRUSTEE FOR HOME EQUITY TRUST LOAN 4758 Mercan Drive Fortworth, TX 76137 LONG, M. Susan 1519 Carlisle Road Camp Hill, PA 17011 DOMESTIC RELATIONS OF CUMBERLAND COUNTY 13 North Hanover Street Carlisle, PA 17013 CARRIE LEVEANS & TIM WELDON 112 W. Main Street, Apt/Ste 4 Mechanicsburg, PA 17055 HAMPDEN TOWNSHIP 230 S. Sporting Hill Road Mechanicsburg, PA 17055 STEPHEN M. LONG 2320 North 6t' Street Harrisburg, PA 17110 SUSAN M. LONG 2320 North 6t' Street Harrisburg, PA 17110 Respectfu y s mi d, ? PHEL A ? CHMIEG, LLP Date: Anrit 12, 007 By: Attorriki for Plaintiff PHH MORTGAGE CORPORATION, Plaintiff, vs. STEPHEN M. LONG and SUSAN M. LONG, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-4230 CIVIL IN RE: PLAINTIFF'S EXCEPTIONS TO SHERIFF'S SALE DISTRIBUTION ORDER AND NOW, this L s` day of May, 2007, a rule is issued on the parties to show cause why the relief requested in the within exceptions ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, Hess, J. ?" .«,,? ;? .j C. .. ? ? r Phelan Hallinan & Schmieg, LLP By: Michael E. Carleton, Esquire Atty. I.D. No. 203009 One Penn Center Plaza at Suburban Station 1617 John F. Kennedy Blvd., Ste 1400 Philadelphia, PA 19103-1814 (215) 563-7000 PHH Mortgage Corporation 3000 Leadenhall Road Mount Laurel, NJ 08054 Plaintiff vs. Stephen M. Long Susan M. Long 1519 Carlisle Road Camp Hill, PA 17011 Defendant(s) Attorney for Plaintiff : Court of Common Pleas Civil Division Cumberland County, Pennsylvania 05-4230 Civil Term MOTION TO MAKE RULE ABSOLUTE AND now comes Plaintiff, by and through its attorney, Phelan Hallinan & Schmieg, LLP and hereby petitions this Honorable Court to make the Rule to Show Cause issued on May 25, 2007, absolute in the above captioned mortgage foreclosure action, and in support thereof, avers as follows: 1) Plaintiff filed Exceptions Pursuant to Pa.R.C.P. 3136(d) to Amended Schedule of Distribution of Sale No. 22 held on March 7, 2007, with the Court on or about April 13, 2007. 2) This Honorable Court issued a Rule upon Defendants and all interested parties on May 25, 2007, to show cause why the Plaintiffs Exceptions should not be granted. A true and correct copy of the Rule is attached hereto, made a part hereof, and marked as Exhibit "A." 3) The Rule to Show Cause was forwarded to all parties at their last known address as evidenced by the Court's docket entry on May 25, 2007. A true and correct copy of the Court's docket entry is attached hereto, made part hereof, and marked as Exhibit "B." 4) In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Make Rule Absolut and Order to the Defendant on February 21, 2008 and requested the Defendant's concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) is attached hereto, made part hereof, and marked as Exhibit "C." 5) Defendants and all interested parties have failed to respond or otherwise plead to the Rule Returnable date of June 14, 2007. 6) Additionally, defendant filed a Chapter 13 Petition for Bankruptcy on June 12, 2007, in the Middle District of Pennsylvania, Docket No. 07-01793, which is active. A true and correct copy of the Bankruptcy Docket is attached hereto, made part hereof, and marked as Exhibit "D." Plaintiff obtained relief from the automatic stay by Court Order dated January 31, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "E." WHEREFORE, Plaintiff prays this Honorable Court make the Rule issued on May 25, 2007, absolute and enter an Order granting Plaintiffs Exceptions Pursuant to Pa.R.C.P. 3136(d) to Amended Schedule of Distribution of Sale No. 22 Held on March 7, 2007. Respectfully Submitted, Phelan Hallin hmie P 3?y 6 Date: Michael E. Carleton, Esquire Attorney for Plaintiff ?Xhr? r?- ? 12/05/2007 17:58 TEL 7175997794 J CONRAD Q003 PHH MORTGAGE CORPORATION, Plaintiff,. Vs. STEPEEN M. LONG and SUSAN M. LONG, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-4230 CIVIL IN BE PLAINTIFF'S EXCEPTIONS TO SHERIFF'S SALE DISTRIB!ITION ORDER AND NOW, this Z f" day of May, 2007, a rule is issued on the parties to show cause why the relief requested in the within exceptions ought not to be granted. This rule mftm able twenty (20) days after service. BY TEE COURT, K . Hess, J. 12/05/2007 17:58 TEL 7175997794 J CONRAD ' Q004 6Z 1.18 5Z ' IVIN OR Ex Infocon County Access Page 1 of 1 CUMBERLAND COUNTY, PA - Prothonotary Ether "Dbrie E-Mail B c° ielnai ets :; Case No/Caption 2005-04230 PHH MORTGAGE CORPORATION ET AL (vs) Filed Date/Time 08/18/2005 03:26 Case Type COMPLAINT - MORT FORE Search Date 1 Enter Date Unformatted (Ex: MMDDYYYY Or 01012000) * 05/25/2007 ORDER - 05-25-07 - IN RE: PLFF'S EXCEPTIONS TO SHFF'S SALE DISTRIBUTION - RULE ISSUED ON PARTIES TO SHOW CAUSE Wt REQUESTED IN WITHIN EXCEPTIONS OUGHT NOT TO BE GRANT RETURNABLE 20 DAYS AFTER SVC - BY KEVIN A HESS 3 - COPEIS 05-29-07 04/13/2007 EXCEPTIONS TO SHFF'S SALE DISTRIBUTION PURSUANT TO PA F 3136 D - BY MICHELE M BRADFORD ATTY FOR PLFF 01/3012007 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 & RETURN C PURSUANT TO PA RCP 405 OF NOTICE OF SALE - BY DANIEL SCF FOR PLFF 12/04/2006 AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE - BY DAN SCHMIEG ATTY FOR PLFF 10/20/2006 CERTIFICATION 10/20/2006 AFFIDAVIT PURSUANT TO RULE 3129.1 10/20/2006 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO F 10/2012006 PRAECIPE FOR WRIT OF EXECUTION ON REAL PROPERTY AND % Additional Docket Entries Exist http://www.infoconcountyaccess.com/CAPY_V0707/PYS5 I OD.aspx 11/28/2007 Exl,;d;t C PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 One Penn Center Plaza at Suburban Station 1617 John F. Kennedy Blvd. Philadelphia, PA 19103-11814 215-563-7000 Fax: 215-567-0072 michael.Carleton@fedphe.com Michael Carleton, Esquire Representing Lenders in Pennsylvania and New Jersey February 2Z, 2008 Stephen M. Long Susan M. Long 1519 Carlisle Road 1519 Carlisle Road Camp Hill, PA 17011 Camp Hill, PA 17011 Commonwealth of PA Domestic Relations of Department of Welfare Cumberland County P.O. Box 2675 13 North Hanover Street Harrisburg, PA 17105 Carlisle, PA 17013 Office of the Sheriff Stonehedge Condominium Association Real Estate Coordinator C/o PMI Cumberland County Courthouse P.O. Box 622 1 Courthouse Square Lemoyne, PA 17043 Carlisle, PA 17013 New Cumberland Boro U.S. Bank, N.A., as Trustee for Home 11200 Market Street Equity Trust Loan P.O. Box 220 4758 Marcan Drive New Cumberland, PA 17070 Fortworth, TX 76137 Carrie Leveans & Tim Weldon Hampden Township 112 W. Main Street, Apt/Ste 4 230 S. Sporting Hill Road Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 Stephen M. Long Susan M. Long 2320 North 6`h Street 2320 North 6`h Street Harrisburg, PA 17110 Harrisburg, PA 17110 RE: PHH Mortgage Corporation v. Stephen M. Long and Susan M. Long Premises Address: 1519 Carlisle Road, Camp Hill, PA 17011 Cumberland County CCP, No. 05-4230-CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Make Rule Absolute and Order. In accordance with Cumberland County Local Rule 208.3(9), 1 am seeking your concurrence with the requested relief that is, increasing the amount of the distribution to the Plaintiff. Pleas respond to me within 5 days of receipt of this letter. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Mic _ e Carleton For Phelan Hallinan & Schmieg, LLP Enclosure ?yl?rh%f ? USBC PAM - LIVE - VERSION 3.1.71, - Docket Report Pagel of 8 CREDS, FMDue, 2002, 341Held, PlnCnfrmd U.S. Bankruptcy Court Middle District of Pennsylvania (Harrisburg) Bankruptcy Petition #: 1:07-bk-01793-RNO Assigned to: Honorable Robert N Opel II Chapter 13 Voluntary Asset Date Filed: 06/12/2007 Debtor Stephen M Long P.O. Box 10614 Harrisburg, PA 17105 SSN: xxx-xx-2325 Joint Debtor Susan M Long P.O. Box 10614 Harrisburg, PA 17105 SSN: xxx-xx-1851 Trustee Charles J. DeHart, III (Trustee) 8125 Adams Drive, Suite A Hummelstown, PA 17036 717 566-6097 Asst. U.S. Trustee United States Trustee PO Box 969 Harrisburg, PA 17108 717 221-4515 represented by Charles E. Petrie 3528 Brisban Street Harrisburg, PA 17111 717 561-1939 Fax : 717 561-4121 Email: petriebkcy@aol.com represented by Charles E. Petrie (See above for address) Filing Date # Docket Text 06/12/2007 1 Chapter 13 Voluntary Petition. Filing fee due in the amount of $ 274.00 filed by Charles E. Petrie on behalf of Stephen M Long, Susan M Long. (Petrie, Charles) (Entered: 06/12/2007) 06/12/2007 2 Matrix filed/Creditor List Uploaded. (There is no image or paper document associated with this entry.) Filed by Charles E. Petrie on behalf of Stephen M Long, Susan M Long (RE: related document(s) 1 ). (Petrie, Charles) (Entered: 06/12/2007) https:Hecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?776967447302973-L 889 0-1 2/4/2008 USBC PAM - LIVE - VERSION 3.1.71, - Docket Report Page 2 of 8 06/12/2007 Receipt of Chapter 13 Voluntary Petition - case upload(1:07-bk- 01793) [caseupld, 13 05u] ( 274.00) filing fee. Receipt number 2280327, amount $ 274.00. (U.S. Treasury) (Entered: 06/12/2007) 06/12/2007 3 Certificate of Credit Counseling Filed by Charles E. Petrie on behalf of Stephen M Long, Susan M Long (RE: related document(s)1 ). (Petrie, Charles) (Entered: 06/12/2007) 06/12/2007 4 Chapter 13 Plan Filed by Charles E. Petrie on behalf of Stephen M Long, Susan M Long (RE: related document(s)1, ). (Petrie, Charles) (Entered: 06/12/2007) 06/12/2007 5 Motion to Extend Automatic Stay Filed by Charles E. Petrie on behalf of Stephen M Long, Susan M Long. (Petrie, Charles) (Entered: 06/12/2007) 06/12/2007 6 Amended Motion to Extend Automatic Stay Filed by Charles E. Petrie on behalf of Stephen M Long, Susan M Long. (Attachments: # 1 Proposed Order) (Petrie, Charles) (Entered: 06/12/2007) 06/12/2007 FeeDueBK flag removed. (CashReg) (Entered: 06/13/2007) 06/13/2007 Tentative Date for Meeting of Creditors. THIS IS SUBJECT TO CHANGE. 7/26/2007 at 09:00 AM. (BW) (Entered: 06/13/2007) 06/13/2007 7 Request to BNC - Notice to all creditors setting an objection date and a hearing. The hearing will only be held if objections are timely filed. (RE: related document(s)6 ). Objections due by 7/5/2007. Hearing scheduled for 7/11/2007 at 11:00 AM at 3rd & Walnut Sts., Bankruptcy Courtroom (3rd Floor), Ronald Reagan Federal Building, Harrisburg, PA. (BW) (Entered: 06/13/2007) 06/15/2007 8 BNC Certificate of Mailing of Notice to All Creditors Setting Hearing (RE: related document(s)7 ). Service Date 06/15/2007. (Admin.) (Entered: 06/16/2007) 06/18/2007 9 Answer to Amended Motion to Extend Stay Filed by Henry W Van Eck of Van Eck and Van Eck PC on behalf of PSECU (RE: related document(s)6 ). (Attachments: # 1 Proposed Order) (Van Eck, Henry) (Entered: 06/18/2007) 06/25/2007 10 Request to BNC - Meeting of Creditors. 341(a) meeting to be held on 7/26/2007 at 09:00 AM at Federal Bldg, Trustee Hearing Rm, Rm 1160, 11th Fl, 228 Walnut St, Harrisburg, PA. Proofs of Claims due by 10/24/2007. Last day to oppose dischargeability is 9/24/2007. (KZ) (Entered: 06/25/2007) https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?776967447302973-L 889_0-1 2/4/2008 USBC PAM - LIVE - VERSION 3.1.7L - Docket Report Page 3 of 8 06/27/2007 11 BNC Certificate of Mailing of 341 Meeting Notice (Chapter 13) (RE: related document(s)10 ). Service Date 06/27/2007. (Admin.) (Entered: 06/28/2007) 06/27/2007 12 BNC Certificate of Service of Chapter 12/13 Plan (RE: related document(s) 10 ). Service Date 06/27/2007. (Admin.) (Entered: 06/28/2007) 06/29/2007 13 Request for Notice under 2002 Filed by Saxon Mortgage. (Moss Codilis, LLP, ) (Entered: 06/29/2007) 07/11/2007 14 Proceeding Memo re: Hearing; Held; record made. Order to be entered extending the automatic stay as to all creditors with the exception of PSECU, whose stay is extended to September 12, 2007. Appearances. Charles Petrie, Henry Van Eck. Non-Appearances: N/A. (There is no image or paper document associated with this entry.) (RE: related document(s)6, 9 ). (DG) (Entered: 07/11/2007) 07/12/2007 15 Order granting Amended Motion to Extend Automatic Stay as to all creditors with the exception of PSECU, whose stay is only extended until September 12, 2007 (RE: related document(s)6, 9). (DG) (Entered: 07/12/2007) 07/27/2007 16 Certification that 341 Meeting of Creditors Held (Ch. 13) on 07/26/07. Notice sent to all creditors setting confirmation hearing. Last day to Object to Plan Confirmation 8/23/2007. Confirmation hearing to be held on 8/23/2007 at 10:00 AM at 3rd & Walnut Sts., Bankruptcy Courtroom (3rd Floor), Ronald Reagan Federal Building, Harrisburg, PA. (dehart, Mod), Charles) (Entered: 07/27/2007) 07/29/2007 17 BNC Certificate of Mailing of Notice setting Confirmation Hearing (RE: related document(s)t6 ). Service Date 07/29/2007. (Admin.) (Entered: 07/30/2007) 08/10/2007 18 Entry of Appearance under 2002 Filed by Heidi R. Spivak of Udren Law Offices PC on behalf of U. S. Bank National Association, as Trustee. (Spivak, Heidi) (Entered: 08/10/2007) 08/10/2007 19 Motion for Relief from Stay on 4131 Nantucket Drive, Mechanicsburg, PA 17050. Filing fee due in the amount of $ 150.00 Filed by Heidi R. Spivak of Udren Law Offices PC on behalf of U. S. Bank National Association, as Trustee. (Attachments: # 1 Post- Petition Payment History# 2 Certificate of Non-Concurrence# 3 Proposed Order) (Spivak, Heidi) (Entered: 08/10/2007) 08/10/2007 20 Request for admissions Filed by Heidi R. Spivak of Udren Law Offices PC on behalf of U. S. Bank National Association, as Trustee https://eef.pamb.uscourts.gov/cgi-bin/DktRpt.pl?776967447302973-L_889_0-1 2/4/2008 USBC PAM - LIVE - VERSION 3.1.71, - Docket Report Page 4 of 8 (RE: related document(s)19 ). (Spivak, Heidi) (Entered: 08/10/2007) 08/10/2007 Receipt of Motion for Relief From Stay(1:07-bk-01793-RNO) [motion,mrlfsty] ( 150.00) filing fee. Receipt number 2383787, amount $ 150.00. (U.S. Treasury) (Entered: 08/10/2007) 08/10/2007 FeeDueRFS flag removed. (CashReg) (Entered: 08/13/2007) 08/13/2007 2_1 Order setting answer date and telephonic hearing on Motion for Relief from Stay of US Bank National Association (RE: related document(s)19). Answers are due on: 8/28/2007. Telephonic Hearing scheduled for 9/5/2007 at 02:50 PM at location (by telephone conference, Wilkes-Barre, PA). (DG) (Entered: 08/13/2007) 08/14/2007 22 Certificate of Service Filed by Heidi R. Spivak of Udren Law Offices PC on behalf of U. S. Bank National Association, as Trustee (RE: related document(s)19, 21 ). (Spivak, Heidi) (Entered: 08/14/2007) 08/17/2007 23 Answer Filed by Charles E. Petrie on behalf of Stephen M Long, Susan M Long (RE: related document(s)19 ). (Petrie, Charles) (Entered: 08/17/2007) 08/17/2007 24 Answer Filed by Charles E. Petrie on behalf of Stephen M Long, Susan M Long (RE: related document(s)20 ). (Petrie, Charles) (Entered: 08/17/2007) 08/22/2007 25 Objection to Confirmation of Plan Filed by Karl M Ledebohm on behalf of Allenview Homeowners Association, Inc. (RE: related document(s)4 ). (Attachments: # 1 Certificate of Service # 2 Proposed Order)(Ledebohm, Karl) (Entered: 08/22/2007) 08/22/2007 26 Certificate of Service Filed by Karl M Ledebohm on behalf of Allenview Homeowners Association, Inc. (RE: related document(s) 25 ). (Ledebohm, Karl) (Entered: 08/22/2007) 08/23/2007 27 Request to remove matter from hearing list Filed by Karl M Ledebohm on behalf of Allenview Homeowners Association, Inc. (RE: related document(s)25 ). (Ledebohm, Karl) (Entered: 08/23/2007) 08/23/2007 2.8 Pre-Confirmation Certification of Compliance with Post Petition Obligations in accordance with 11 U.S.C. Section 1129(a)(14), 1225 (a)(7), and 1325(a)(8) and (A)(9). Filed by Charles E. Petrie on behalf of Stephen M Long, Susan M Long. (Petrie, Charles) (Entered: 08/23/2007) 08/23/2007 29 Certification in Support of Discharge Filed by Charles E. Petrie on https:Hecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?776967447302973-L 889 0-1 2/4/2008 USBC PAM - LIVE - VERSION 3.1.71, - Docket Report Page 5 of 8 behalf of Stephen M Long, Susan M Long. (Petrie, Charles) (Entered: 08/23/2007) 08/23/2007 30 Proceeding Memo confirmation hearing held. Plan is eligible for confirmation per Trustee. Proposed Order to be submitted. Record made. (There is no image or paper document associated with this entry.) (DG) (Entered: 08/23/2007) 08/28/2007 31 Order Confirming Chapter 13 Plan (RE: related document(s)4, 16). (DG) (Entered: 08/28/2007) 08/29/2007 32 Entry of Appearance under 2002 Filed by Karl M Ledebohm on behalf of Allenview Homeowners Association, Inc.. (Attachments: # 1 Certificate of Service) (Ledebohm, Karl) (Entered: 08/29/2007) 09/04/2007 33 Request to continue hearing with concurrence Filed by Heidi R. Spivak of Udren Law Offices PC on behalf of U. S. Bank National Association, as Trustee (RE: related document(s) 19, 21 ). (Attachments: # 1 Certificate of Service) (Spivak, Heidi) (Entered: 09/04/2007) 09/05/2007 34 Order Continuing hearing on Motion for Relief from Stay of US Bank National Association originally set for September 5, 2007 at 2:50 p.m. (RE: related document(s)19, 33). Hearing scheduled for 10/3/2007 at 11:00 AM at 3rd & Walnut Sts., Bankruptcy Courtroom (3rd Floor), Ronald Reagan Federal Building, Harrisburg, PA. (Attachments: # 1 Certificate of Service) (DG) (Entered: 09/05/2007) 10/02/2007 35 Request to remove matter from hearing list Filed by Heidi R. Spivak of Udren Law Offices PC on behalf of U. S. Bank National Association, as Trustee (RE: related document(s)19, 21, 34 ). Stipulation due 11/16/2007. (Attachments: # 1 Certificate of Service) (Spivak, Heidi) (Entered: 10/02/2007) 11/06/2007 36 Stipulation Filed by Heidi R. Spivak of Udren Law Offices PC on behalf of U. S. Bank National Association, as Trustee (RE: related document(s)P9 ). (Attachments: # I_ Exhibit Certificate of Concurrence# 2 Exhibit Proposed Order) (Spivak, Heidi) (Entered: 11/06/2007) 11/07/2007 37 Order approving Stipulation (RE: related document(s)35, 36 ). (CK) (Entered: 11/07/2007) 11/19/2007 38 Motion for Relief from Stay with Certificate of Nonconcurrence. Filing fee due in the amount of $ 150.00 Filed by Joseph P Schalk of Phelan Hallinan & Schmieg, LLP on behalf of Mortgage Electronic Registration Systems, Inc. (Attachments: # 1 Certificate of https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?776967447302973-L_889_0-1 2/4/2008 USBC PAM - LIVE - VERSION 3.1.71, - Docket Report Page 6of8 Nonconcurrence# 2 Proposed Order # 3 Post-Petiton History) (Schalk, Joseph) (Entered: 11/19/2007) 11/20/2007 Receipt of Motion for Relief From Stay(1:07-bk-01793-RNO) [motion,mrlfsty] ( 150.00) filing fee. Receipt number 2555386, amount S 150.00. (U.S. Treasury) (Entered: 11/20/2007) 11/20/2007 39 Order setting answer date and telephonic hearing on Motion for Relief from Stay of Mortgage Electronic Registration Systems (RE: related document(s)38). Answers are due on: 12/5/2007. Telephonic Hearing scheduled for 12/14/2007 at 10:30 AM at location (by telephone conference, Wilkes-Barre, PA). (DG) (Entered: 11/20/2007) 11/20/2007 40 Certificate of Service for the Motion for Relief from Stay and Order Setting Hearing on Motion Filed by Joseph P Schalk of Phelan Hallinan & Schmieg, LLP on behalf of Mortgage Electronic Registration Systems, Inc (RE: related document(s)39, 38 ). (Schalk, Joseph) (Entered: 11/20/2007) 11/20/2007 FeeDueRFS flag removed. (CashReg) (Entered: 11/21/2007) 11/21/2007 41 Answer Filed by Charles E. Petrie on behalf of Stephen M Long, Susan M Long (RE: related document(s)38 ). (Petrie, Charles) (Entered: 11/21/2007) 12/13/2007 42 Request to remove matter from hearing list RE: Motion for Relief from Stay Filed by Joseph P Schalk of Phelan Hallinan & Schmieg, LLP on behalf of Mortgage Electronic Registration Systems, Inc (RE: related document(s)38 ). Stipulation due 1/12/2008. (Attachments: # 1 Certificate of Service) (Schalk, Joseph) (Entered: 12/13/2007) 12/14/2007 43 Stipulation in Settlement of the Motion for Relief from Stay Filed by Joseph P Schalk of Phelan Hallinan & Schmieg, LLP on behalf of Mortgage Electronic Registration Systems, Inc (RE: related document (s)38 ). (Attachments: # 1 Proposed Order) (Schalk, Joseph) (Entered: 12/14/2007) 12/18/2007 44 Request for Notice under 2002 Filed by EverHome Mortgage. (Moss Codilis, LLP, ) (Entered: 12/18/2007) 12/19/2007 45 Order approving Stipulation (RE: related document(s)42, 43 ). (CK) (Entered: 12/19/2007) 01/03/2008 46 Motion to Dismiss Case for material default and hearing notice to parties . Filed by Trustee. Hearing scheduled for 2/6/2008 at 09:00 AM at Dismissal Hearing Room (Courtroom 2), Ronald Reagan https:Hecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?776967447302973-L 889 0-1 2/4/2008 U SBC PAM - LIVE - VERSION 3.1.7L - Docket Report Page 7 of 8 Federal Bldg, 3rd Floor, Harrisburg, PA 17101. (dehart, III(ds), Charles) (Entered: 01/03/2008) 01/09/2008 47 Entry of Appearance and Withdrawal of Appearance Filed by Lorraine Gazzara Doyle of Udren Law Offices, P.C. on behalf of U. S. Bank National Association, as Trustee. (Doyle, Lorraine) Modified to add entry ofappearance on 1/10/2008 (DG). (Entered: 01/09/2008) 01/30/2008 48 Motion for Relief from Stay with Certificate of Concurrence. Filing fee due in the amount of $ 150.00 Filed by Joseph P Schalk of Phelan Hallinan & Schmieg, LLP on behalf of PHH Mortgage Corporation. (Attachments: # 1 Proposed Order # (2) Exhibit Certificate of Concurrence) (Schalk, Joseph) Modified to clarify concurrence on 1/31/2008 (DG). (Entered: 01/30/2008) 01/31/2008 Receipt of Motion for Relief From Stay(1:07-bk-01793-RNO) [motion,mrlfsty] ( 150.00) filing fee. Receipt number 2673136, amount $ 150.00. (U.S. Treasury) (Entered: 01/31/2008) 01/31/2008 49 Order Granting Motion for Relief from Stay of PHH Mortgage Corporation (RE: related document(s)4$). (DG) (Entered: 01/31/2008) 01/31/2008 FeeDueRFS flag removed. (CashReg) (Entered: 02/01/2008) 02/01/2008 50. Stipulation by debtor and Ch. 13 trustee cure arrears within 90 days. Filed by Trustee (RE: related document(s)46 ). (Attachments: #.I Proposed Order)(dehart, III(ds), Charles) (Entered: 02/01/2008) 02/04/2008 51 Order approving Stipulation between Debtors and Ch. 13 Trustee (RE: related document(s)50). (DG) (Entered: 02/04/2008) II PACER Service Center II Transaction 1 02/04/2008 14:42:43 1 ACER 1:07-bk-01793-RNO Fil or Ent: Description: Docket Search filed Doc From: 0 Doc To: Report Criteria: 99999999 Term: included Format: HTML https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?776967447302973-L_889_0-1 2/4/2008 li SBC PAM - LIVE - VERSION 3.1.71, - Docket Report Page 8 of 8 https://ecf.pamb.uscourts.gov/cgi-bin/DktRpt.pl?776967447302973-L_889_0-1 2/4/2008 ExG,,b?? E IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: STEPHEN M. LONG SUSAN M. LONG Debtors PHH MORTGAGE CORPORATION, f/k/a CENDANT MORTGAGE CORPORATION, f/k/a PHH MORTGAGE SERVICES Movant V. STEPHEN M. LONG SUSAN M. LONG Respondents ORDER Bk. No. 1:07-bk-01793 RNO Chapter No. 13 11 U.S.C. §362 Upon consideration of Movant's Motion for Relief from the Automatic Stay to Allow for the Recording of the Deed and any other action in furtherance of Movant's State Court rights up to and including Eviction with respect to the premises located at 1519 CARLISLE ROAD, CAMP HILL, PA 17011 and upon hearing, it is hereby ORDERED that pursuant to Section §362(d) the Automatic Stay with respect to the mortgaged premises located at 1519 CARLISLE ROAD, CAMP HILL, PA 17011 is hereby lifted; and it is further ORDERED that Movant may proceed with Recording the Deed and any other action in furtherance of Movant's State Court rights up to and including Eviction. Dated: January 31, 2008 By the Court, Robert N. O k H, BaWauptcy Judge (CK) This document is, electronically signed and filed on the some date. VERIFICATION I, Michael E. Carleton, Esquire, hereby state that I am the attorney for the Plaintiff herein and am authorized to make this verification. I hereby verify that the information contained in Plaintiff's Petition to Make Rule Absolute, is true and correct to the best of my knowledge, information and belief. I am aware that this verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Respectfully Submitted, Phelan Hallinan & Schmieg, LLP Date: Michael E. Carleton, Esquire Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP By: Michael E. Carleton, Esquire Atty. I.D. No. 203009 One Penn Center Plaza at Suburban Station 1617 John F. Kennedy Blvd., Ste 1400 Philadelphia, PA 19103-1814 (215) 563-7000 PHH Mortgage Corporation 3000 Leadenhall Road Mount Laurel, NJ 08054 Plaintiff VS. Stephen M. Long Susan M. Long 1519 Carlisle Road Camp Hill, PA 17011 Defendant(s) Attorney for Plaintiff : Court of Common Pleas : Civil Division : Cumberland County, Pennsylvania : 05-4230 Civil Term CERTIFICATE OF SERVICE I hereby certify a true and correct copy of the Plaintiff's Motion to Make Rule Absolute was served by regular mail on the following on the date listed below: Stephen M. Long 1519 Carlisle Road Camp Hill, PA 17011 Susan M. Long 1519 Carlisle Road Camp Hill, PA 17011 Commonwealth of PA Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 Office of the Sheriff Real Estate Coordinator Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Stonehedge Condominium Association C/o PMI P.O. Box 622 Lemoyne, PA 17043 New Cumberland Boro 11200 Market Street P.O. Box 220 New Cumberland, PA 17070 Carrie Leveans & Tim Weldon 112 W. Main Street, Apt/Ste 4 Mechanicsburg, PA 17055 Stephen M. Long 2320 North 6th Street Harrisburg, PA 17110 U.S. Bank, N.A., as Trustee for Home Equity Trust Loan 4758 Marcan Drive Fortworth, TX 76137 Hampden Township 230 S. Sporting Hill Road Mechanicsburg, PA 17055 Susan M. Long 2320 North 6th Street Harrisburg, PA 17110 Respectfully Submitted, Phelan Halli Schmie , LLP Date: Michael ar eton, Esquire Attorney for Plaintiff PA y -a ti M VAR 9.72006/y! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH Mortgage Corporation 3000 Leadenhall Road Mount Laurel, NJ 08054 Plaintiff vs. Stephen M. Long Susan M. Long 1519 Carlisle Road Camp Hill, PA 17011 Defendant(s) Civil Division : 05-4230 Civil Term ORDER AND NOW, this !o ` day of ?&-,A , 2008, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED that the Rule issued upon Defendants and all interested parties on May 25, 2007, shall be and is hereby made absolute; Plaintiffs Exceptions Pursuant to Pa.R.C.P. 3136(d) to Amended Schedule of Distribution of Sale No. 22, held on March 7, 2007, are GRANTED; and the Sheriff shall forthwith issue a revised Schedule of Distribution reflecting distribution to Plaintiff in the sum of $113,612.68. L?? - 9 (7/1 V1NVn\ .kQ.NN3d ILW •3 fi. ''.:{ ?i 1Ll S •C Wd 01 NVW 8001 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Deborah S Hoover is the grantee the same having been sold to said grantee on the 7th day of march A.D., 2007, under and by virtue of a writ Execution issued on the 20th day of Oct, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 4230, at the suit of PHH Mtg Corp against Stephen M Long & Susan M is duly recorded in Deed Book No. 279, Page 3061. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this C7 day of A.D. ?,00 77 Recorder of Deeds Recorder of Duda. Cumberland County. CerlitN, PA My ConnirMb. EOM the Fleet Monday of Jan. 2010 PHH Mortgage Corporation f/k/a In The Court of Common Pleas of Cendant Mortgage Corporation f/k/a Cumb6rland County, Pennsylvania PHH Mortgage Services Writ No. 2005-4230 Civil Term VS Stephen M. Long and Susan M. Long R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice of Sale and Description, in the above entitled action in the following manner: The Sheriff mailed by certified mail, return receipt requested pursuant to order of court to Stephen M. Long and Susan M. Long at 1519 Carlisle Road, Camp Hill, Pennsylvania 17011 and 2320 North 6th Street, Harrisburg, PA 17110 true and correct copies of the within Real Estate Writ, Notice of Sale and Description. The unopened letters addressed to Stephen M. Long and Susan M. Long was returned to the Sheriffs Office with reason marked "Not Deliverable as Addressed, Unable to forward." Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on January 19, 2007 at 1414 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Stephen M. Long and Susan M. Long located at 1519 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Stephen M. Long and Susan M. Long, by regular mail to their last known addresses of 1519 Carlisle Road, Camp Hill, PA 17011 and 2320 North 6th Street, Harrisburg, PA 17110. These letters were mailed under the date of January 12, 2007 and returned to the Sheriffs Office on January 19, 2007. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 07, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $114,900.00 to Deborah S. Hoover. It being the highest bid and best price received for the same, Deborah S. Hoover, of 1729 Cushing Greene, Camp Hill, PA 17011, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $119,853.34. Sheriff s Costs: Docketing $30.00 Poundage 2,298.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Prothonotary 1.00 Mileage 12.32 Certified Mail 23.90 Levy 15.00 Surcharge 30.00 Law Journal 479.00 Patriot News 436.16 Share of Bills 16.83 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $3,494.71 So Answ s: R. Thomas Kline, Sheriff BYJX &? Real Estat ergeant ? 31jg1OF / a. 0 PHH MORTGAGE CORPORATION, F/K/A , CENDANT MORTGAGE CORPORATION, CUMBERLAND COUNTY F/K/A PHH MORTGAGE SERVICES COURT OF COMMON PLEAS Plaintiff, V. CIVIL DIVISION STEPHEN M. LONG NO. 05-4230 CIVIL TERM SUSAN M. LONG Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,1519 CARLISLE ROAD, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name STEPHEN M. LONG SUSAN M. LONG Last Known Address (if address cannot be reasonably ascertained, please indicate) 1519 CARLISLE ROAD CAMP HILL, PA 17011 1519 CARLISLE ROAD CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name STONEHEDGE CONDOMINIUM ASSOC CARRIE LEVANS & TIM WELDON NEW CUMBERLAND BORO HAMPDEN TOWNSHIP Last Known Address (if address cannot be reasonably ascertained, please indicate) C/O PMI PO BOX 622 LEMOYNE, PA 17043 112 W. MAIN STREET, APT./STE. 4 MECHANICSBURG, PA 17055 11200 MARKET STREET PO BOX 220 NEW CUMBERLAND, PA 17070 230 S. SPORTING HILL ROAD MECHANICSBURG, PA 17055 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) U.S. BANK NATIONAL ASSOCIATION, 4758 MERCANTILE DRIVE AS TRUSTEE FOR HOME EQUITY LOAN TRUST FORT WORTH, TX 76137 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 1519 CARLISLE ROAD CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. October 18, 2006 DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff L 7 :ZI d `iZ l,,Q 9002 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES Plaintiff, V. STEPHEN M. LONG SUSAN M. LONG Defendant(s). CUMBERLAND COUNTY No. 05-4230 CIVIL TERM October 18, 2006 TO: STEPHEN M. LONG 1519 CARLISLE ROAD CAMP HILL, PA 17011 SUSAN M. LONG 1519 CARLISLE ROAD CAMP HILL, PA 17011 "THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at, 1519 CARLISLE ROAD, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on MARCH 7, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $93,636.15 obtained by PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a point on the South side of Carlisle Road (which runs from New Cumberland westwardly to Spring Lake) on the dividing line between Lot Nos. 1 and 2 on the hereinafter mentioned Plan of Lots; thence in a southerly direction along said dividing line, 130 feet to a point; thence by other lands now or formerly of Ben J. Byerly and Muriel J. Byerly, his wife, 45.12 feet to a point on the dividing line of Lot Nos. 2 and 3 on said Plan; thence in a northerly direction along said last mentioned dividing line, 130 feet to Carlisle Road; thence in a westerly direction along the South side of Carlisle Road, 60 feet to the point or place of BEGINNING. BEING Lot No. 2 on the Plan of Lots laid out by Ben J. Byerly, recorded in Cumberland County Recorder's Office in Plan Book 4, Page 76. UNDER AND SUBJECT, NEVERTHELESS, to an easement 5 feet in width along the southerly or rear line of said lot for the installation of public utilities and to the restriction that no building or part thereof shall be erected within 25 feet of the southerly property line of Carlisle, Road. BEING known and numbered as 1519 Carlisle Road, Camp Hill, Pennsylvania. (Erroneously set forth in prior owner legal description as Plan Book 4, Page 79). BEING THE SAME PREMISES which Lucille P. Morris, by Deed dated December 6, 1995 and recorded January 5, 1996 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 133, Page 771, granted and conveyed unto Lucille P. Morris, Trustee, or her successors in trust, under the Lucille P. Morris Living Trust, dated December 6, 1995, Grantor herein. Being Parcel # 13-23-0547-501 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Stephen M. Long and Susan M. Long, his wife, by Deed from Lucille P. Morris, Trustee, under the Lucille P. Morris Living Trust, dated December 6, 1995, dated 7-31-98, recorded 8-4-98 in Deed Book 182, page 832. I Z :ZI d q Z 13J goDZ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 05-4230 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES, Plaintiff (s) From STEPHEN M. LONG AND SUSAN M. LONG (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 $93,636.15 L.L. Interest FROM 2/9/06 TO 3/7/07 (PER DIEM - $15.39) -- $5,186.43 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $1165.01 Other Costs Plaintiff Paid Date: OCTOBER 20, 2006 Curtis . Long, P ? o otary (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Ga C=7 Real Estate Sale #AA On November 1, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as 1519 Carlisle Road, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 1, 2006 By: Real Est le Sergeant aZ0d gZ1309002 r SCHEDULE OF DISTRIBUTION SALE NO. 22 Date Filed: April 05, 2007 Writ No. 2005-4230 Civil Term PHH Mortgage Corporation f/k/a Cendant Mortgage Corporation f/k/a PHH Mortgage Services VS Stephen M. Long and Susan M. Long 1519 Carlisle Road Camp Hill, PA 17011 Sale Date: March 07, 2007 Buyer: Deborah S. Hoover Bid Price: $114,900.00 Real Debt: $93,636.15 Interest: 5,186.43 Attorney Costs: 1,165.01 Total: $99,987.59 ($106,104.16 per court order to reassess damages) DISTRIBUTION: Receipts: Cash on account (11/0 1/2006): Cash on account (03/07/2007): Cash on account (03/23/2007) $ 1,500.00 11,490.00 108,363.34 Total Receipts: $121,353.34 Disbursements: Sheriffs Costs $3,494.71 Legal Search 200.00 Local Transfer Tax 1,227.67 State Transfer Tax 1,227.67 Bonnie K. Miller, Tax Collector 493.17 Lower Allen Township (sewer) 173.32 Lower Allen Township (refuse) 393.55 Attorney Daniel Schmieg 1,500.00 PHH Mortgage Corporation 106,104.16 PSECU 6,539.09 Total Disbursements: ($121,353.34) Balance for distribution: 0.00 So Answers: ?0001a*?? ?O&? R. Thomas Kline Sheriff TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO. 22 Held: Wednesday, March 7, 2007 Date: March 7, 2007 TAXES: Receipts for all taxes for the years 2004 to 2006 inclusive. Taxes for the current year 2007. WATER RENT: Company assumes no liability for private supply of water or sewer. SEWER RENT Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , 2007, and recorded 2007, in Cumberland County Deed Book , Page RECITAL: Being the same premises which Lucille P. Morris, Trustee of the Lucille P. Morris Living Trust, by deed dated July 31, 1998 and recorded August 4, 1998, in the Office of the Recorder of Deeds in and for Cumberland County, in Carlisle, Pennsylvania, in Deed Book 182, Page 832, granted and conveyed to Stephen M. Long and Susan M. Long his wife. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of Carlisle Road. 6. Building conditions, easements and restrictions as shown on or set forth with the Plan of Ben J. Byerly recorded in Plan Book 4, Page 76. 7. Under and subject to a 5 foot wide easement along the southerly and rear line of the subject property for public utilities as set forth in deeds of record for the subject premises. Under and subject to 25 foot building setback line from the southerly property line of Carlisle Road as set forth in deeds of record. 8. Mortgage in the amount of $94,800.00 given by Stephen M. Long and Susan M. Long to Cendent Mortgage Corporation dated July 31, 1998 and recorded August 4, 1998 in Mortgage Book 1473, Page 32. Complaint in mortgage foreclosure filed by PHH Mortgage Corporation, formerly known as Cendent Mortgage Corporation, formerly known as PHH Mortgage Services, as Plaintiff against Stephen M. Long and Susan M. Long as Defendants, in the Office of the Prothonotary of Cumberland County, on August 18, 2005 to File No. 2005-4230. Judgment in the amount of $93,626.15 entered on February 9, 2006. Amended judgment entered February 17, 2006 in the amount of $106,104.16. 9. Mortgage in the amount of $85.050.00 given by Stephen M. Long and Susan M. Long to PSECU, dated March 20, 2002 and recorded April 2, 2002, in Mortgage Book 1754, Page 720. 10. District Justice appeal filed by Carrie A. Levans and Timothy C. Weldon as Plaintiffs against Stephen Long and Susan Long as Defendants on July 22, 2003 to File No. 2003-3488. Judgment entered September 15, 2003. 11. District Justice judgment filed by New Cumberland Borough as Plaintiffs against Stephen Long and Susan Long as Defendants on July 22, 2003 to File No. 2003- 3488. Judgment entered September 15, 2003. 12. District Justice judgment filed by New Cumberland Borough as Plaintiffs against Stephen Long and Susan Long as Defendants on August 19, 2005 to File No. 2005-4266 in the amount of $206.60. 13. District Justice judgment filed by New Cumberland Borough as Plaintiffs against Stephen Long and Susan Long as Defendants on August 19, 2005 to File No. 2005-4266 in the amount of $206.60. 14. District Justice judgment filed by Hampden Township as Plaintiff against Stephen M. Long and Susan M. Long as Defendants on January 13, 2006 to File No. 2006- 293 in the amount of $588.15. 15. Municipal lien filed by Upper Allen Township as Plaintiff against Stephen M. Long as Defendant, on March 10, 2006 to File No. 2006-1362 in the amount of $666.24. Said judgment could be a lien on the subject premises in the event of the death or divorce of Susan M. Long. 16. Municipal lien filed by Hampden Township as Plaintiff against Stephen Michael Long and Susan Murphy Long as Defendants on January 20, 2006 to File No. 2006-387 in the amount of $647.48. 17. Municipal lien filed by Hampden Township as Plaintiff against Stephen Michael Long and Susan Murphy Long as Defendants on March 15, 2007 to File No. 2007-1479 in the amount of $471.36. 18. Rights granted to the Bell Telephone Company of Pennsylvania by instrument recorded February 20, 1948 in Miscellaneous Record Book 88, Page 112. 19. Rights granted to the Pennsylvania Power and Light Company by instrument recorded March 12, 1948 in Miscellaneous Record Book 88, Page 167. 20. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. 21. Real estate taxes accruing on and after July 1, 2007 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. Robert G. Frey, Agent Note: This Title Report shall not be valid or binding until countersigned by an authorized signatory. REAL ESTATE SALE NO. 22 Writ No. 2005-4230 Civil PHH Mortgage Corporation, f/k/a Cendant Mortgage Corporation, f/k/a PHH Mortgage Services VS. Stephen M. Long and Susan M. Long Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN piece or par- cel of land situate in the Township of Lower Allen, County of Cumberland and State of Pennsyl- vania, being more particularly bounded and described as follows, to wit: BEGINNING at a point on the South side of Carlisle Road (which runs from New Cumberland west- wardly to Spring Lake) on the divid- ing line between Lot Nos. 1 and 2 on the hereinafter mentioned Plan of Lots; thence in a southerly direc- tion along said dividing line, 130 feet to a point; thence by other lands now or formerly of Ben J. Byerly and Muriel J. Byerly, his wife, 45.12 feet to a point on the dividing line of. Lot Nos. 2 and 3 on said Plan; thence in a northerly direction along said last mentioned dividing line, 130 feet to Carlisle Road; thence in a west- erly direction along the South side of Carlisle Road. 60 feet to the point or place of BEGINNING. BEING Lot No. 2 on the Plan of Lots laid out by Ben J. Byerly, re- corded in Cumberland County Recorder's Office in Plan Book 4, Page 76. UNDER AND SUBJECT, NEVER- THELESS, to an easement 5 feet in width along the southerly or rear line of said lot for the installation of public utilities and to the restric- tion that no building or part thereof shall be erected within 25 feet of the southerly property line of. Carlisle, Road. BEING known and numbered as 1519 Carlisle Road, Camp Hill, Pennsylvania. (Erroneously set forth in prior owner legal description as Plan Book 4, Page 79). BEING THE SAME PREMISES which Lucille P. Morris, by Deed dated December 6. 1995 and re- corded January 5, 1996 in the Of- fice of the Recorder of Deeds in and for Cumberland County in Deed Book 133, Page 771, granted and conveyed unto Lucille P. Morris, Trustee, or her successors in trust. under the Lucille P. Morris Living Trust, dated December 6, 1995, Grantor herein. Being Parcel # 13-23-0547-501. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Stephen M. Long and Susan M. Long, his wife, by Deed from Lucille P. Morris, Trustee, un- der the Lucille P. Morris Living Trust, dated December 6, 1995, dated 7-31-98, recorded 8-4-98 in Deed Book 182, page 832. U :L c.a c t ., R; l'uu' AMENDED SCHEDULE OF DISTRIBUTION SALE NO. 22 Date Filed: March 13, 2008 Writ No. 2005-4230 Civil Term PHH Mortgage Corporation f/k/a Cendant Mortgage Corporation f/k/a PHH Mortgage Services VS Stephen M. Long and Susan M. Long 1519 Carlisle Road Camp Hill, PA 17011 Sale Date: March 07, 2007 Buyer: Deborah S. Hoover Bid Price: $114,900.00 Real Debt: $93,636.15 Interest: 5,186.43 Attorney Costs: 1,165.01 Total: $99,987.59 ($106,104.16 per court order to reassess damages) DISTRIBUTION: Receipts: Cash on account (11/0 1 /2006): Cash on account (03/07/2007): Cash on account (03/23/2007) $ 1,500.00 11,490.00 108,363.34 Total Receipts: $121,353.34 Disbursements: Sheriff s Costs $3,494.71 Legal Search 200.00 Local Transfer Tax 1,227.67 State Transfer Tax 1,227.67 Bonnie K. Miller, Tax Collector 493.17 Lower Allen Township (sewer) 173.32 Lower Allen Township (refuse) 393.55 Attorney Daniel Schmieg 1,500.00 PHH Mortgage Corporation 112,643.25 Total Disbursements: ($121,353.34) Balance for distribution: 0.00 So Answers: R. Thomas Kline Sheriff . " M . THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 24th and 31st day(s) of January and the 7th day(s) of February 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ................ >efore ........... ............................. COPY Sworn to an su 4iie e th is 26th day of February 2007 A.D. S A L E #22 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Terry L. Russell, Notary Public City O1 Harnsb g, Dauphin County Commissio Expires 1 2010 o,..,.,.„i, n q Aqq ion of Notaries Y PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 + ! ` 4d& " ati3 -PAC ?'SS4ilec?€? ID a ? *4 the %* Nk of ? asiaFha of aiwm 'ar &. t, ?w11Md`ia 'c 4ilk to SNOW 5 lbo it Mfi ' t woo* or reae bw Ir rid w tg it ai? of vok aka ail. ? iMrs lwfwft - !m ua1E be WXW *** IS „lea s( 00-- W HOW' tMa1- ire bwi a 1519 -? *lti"'?? iM'pd@oit oiwplc' 1?1i mm" )Noy 5, 1996 is to 0010 of the i Rooo iier of DW& is ad for gland Voi* it Mod U&I33, prat=7 1, ViOd adaaull?ri+dMUl.ailitl"i? 4?ef; ar bec swmdrlaaF?u i?' OWN de Imot P, .? L' -2jg6klR?l S*wkiwtadgw.lal Leaf, haV*f by DW fim ire f Miw* ft eft theLocok P Moab LAM* TRAt" ,d PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 26, February 2 and February 9, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa Marie Co e, Editor SWORN TO AND SUBSCRIBED before me this 9 day of February, 2007 NOTARIAL SEAL LOTS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2009 RKAL A STATS $AIZ NO. 22 Writ No. 2005-4230 Civil PHH Mortgage Corporation, f/k/a Cendant Mortgage Corporation, f/k/a PHH Mortgage Services vs. Stephen M. Long and Susan M. Long Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN piece or par- cel of land situate in the Township of Lower Allen. County of Cumberland and State of Pennsyl- vania, being more particularly bounded and described as follows, to wit: BEGINNING at a point on the South site of Carbele Road (which nuns it?in New Cumberland west- wardly to Spring Lake) on the divid- ing line between Lot Nos. 1 and 2 on the hereinafter mentioned Plan of Lots; thence in a southerly direc- tion along said dividing line, 130 feet to a point; thence by other lands now or formerly of Ben J. Byerly and Muriel J. Byerly, his wife, 45.12 feet to a point on the dividing line of Lot Nos. 2 and 3 on said Plan; thence in a northerly direction along said last mentioned dividing line, 130 feet to Carlisle Road; thence in a west- erly direction along the South side of Carlisle Road, 60 feet to the point or place of BEGINNING. BEING Lot No. 2 on the Plan of Lots laid out by Ben J. Byerly, re- corded in Cumberland County Recorder's Office in Plan Book 4, Page 76. UNDER AND SUBJECT. NEVER- THELESS, to an easement 5 feet in width along the southerly or rear line of said lot for the installation of public utilities and to the restric- tion that no building or part thereof shall be erected within 25 feet of the southerly property line of Carlisle, Road. BEING known and numbered as 1519 Carlisle Road, Camp Hill, Pennsylvania. (Erroneously set forth in prior owner legal description as Plan Book 4, Page 79). BEING THE SAME PREMISES which Lucille P. Morris, by Deed dated December 6, 1995 and re- corded January 5, 1996 in the Of- fice of the Recorder of Deeds in and for Cumberland County in Deed Book 133, Page 771, granted and conveyed unto Lucille P. Morris, Trustee, or her successors in trust, under the Lucille P. Morris Living Trust, dated December 6, 1995, Grantor herein. Being Parcel # 13-23-0547-501. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Stephen M. Long and Susan M. Long, his wife, by Deed from Lucille P. Morris, Trustee, un- der the Lucille P. Morris Living Trust, dated December 6, 1995, dated 7-31-98, recorded 8-4-98 in Deed Book 182, page 832.