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HomeMy WebLinkAbout06-3863 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 137249 PHH MORTGAGE CORPORATION 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 A TIORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. O~ - 31''-3 C;u~L'T€/L..V7I v, CUMBERLAND COUNTY DONALD E. WALLACE 113 FAIRFIELD STREET NEWVILLE, P A 17241 Defendant 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 MAYBE 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)990-9] 08 file#; 137249 File #: 137249 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. 1. Plaintiff is PHH MORTGAGE CORPORATION 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known addressees) of the Defendant(s) are: DONALD Eo WALLACE 113 FAIRFIELD STREET NEWVILLE, PA 17241 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On OS/2812004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CENDANT MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No,: 1867, Page: 3275, By Assignment of Mortgage recorded 07/22/2004 the mortgage was Assigned To MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC which Assignment is recorded in Assignment Of Mortgage Book No. 710, Page 478, PLAINTIFF is now the legal owner of the mortgage and is in the process of fonnalizing an assignment of same. 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 03/01/2006 and each month thereafter are due and unpaid, and by the tenns 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#: 137249 6. The following amounts are due on the mortgage: Principal Balance Interest 02/01/2006 through 07/06/2006 (Per Diem $12.74) Attorney's Fees Cumulative Late Charges OS/28/2004 to 07/06/2006 Cost of Suit and Title Search Subtotal $73,375.44 1,987.44 1,250.00 75.24 $ 550.00 $ 77,238.12 Escrow Credit Deficit Subtotal TOTAL 0.00 149.38 $ 149.38 $ 77,387.50 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000, 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$ 77,387.50, together with interest from 07/06/2006 at the rate of$12.74 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP ~~ ./7 #~. By: IsIFrancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File#: 137249 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land together with the improvements thereon situate in the Borough of Newville, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern boundary ofIris Street, also known as Short Street, (now vacated), which point is on the border of Lots No. 35 and 36 hereinafter referenced; thence southwardly along Lot No, 36 on a Plan of Lots of the Town of Newton recorded by John G. McFarlane in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Deed Book 'E', Vol 2, Page 424, one hundred eighty (180) feet to an alley; thence by said alley, sixty (60) feet to Lot No. 34 on the aforementioned plan of lots; thence northwardly on said Lot No, 34, one hundred eighty (180) feet to a point on the south side of the former street; thence continuing North six (06) degrees nine (09) minutes thirty (30) seconds West, twenty-five (25) feet to an iron pin in the center of the aforesaid Iris Street; thence along the center of said street, North eighty-three (83) degrees fifty (50) minutes thirty (30) seconds East, sixty-one (61) feet to an iron pin; thence South six (06) degrees nine (09) minutes thirty (30) seconds East, twenty-five (25) feet along the extension of the boundary between the aforesaid Lots 35 and 36 to an iron pin at the place of BEGINNING. BEING Lot No.3 5 on the above referenced Plan of Lots as enlarged by the addition of one-half of the vacated Iris Street also known as Short Street. BEING AND INTENDED TO BE all of the premises conveyed unto Robert L. Shoemaker and Frances M. Shoemaker, husband and wife, the Grantors herein, by Deed dated February 26,1991, from Jacqueline Kiner (single woman) by her Deed which is recorded in Cumberland County Deed Book 'Z', Volume 34, Page 437. See also Corrective Deed dated September 8,1992, and recorded in Cumberland County Deed Book 'W', Volume 35, Page 441 (Tract No. I thereof), BEING known and numbered as 113 Fairfield Street, Newville, Pennsylvania 17241. AND BEING the same premises which Robert L. Shoemaker and Frances M. Shoemaker, husband and wife, by their deed dated and recorded even date herewith in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Donald E. Wallace, a married man, Mortgagor herein, File #: 137249 VRRIFTCATION FRANCIS S, HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa, R. C. P. 1024 ( c) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statementis made subject to the penalties of 18 Pa, C.S. Sec. 4904 relating to unsworn falsification to authorities. Jsf ML- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ~ klolf ~st _ lrt ""- % ~ 4 (;; o ;g. trt V'\ , B -J ~ J lj C) -on -c1 ~ J>-r _,_ ,\'l. r:;~ \ - o - .~..... .r- -' 8 -'-' ';'\\ ."-- . 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 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 06-3863 DONALD E. WALLACE 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 DONALD E. WALLACE, 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 Interest from 7/7/06 to 8/21/06 TOTAL $77,387.50 $586.04 $77,973.54 I hereby certify that (I) 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, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. ~ DATE:lL- ")~ ;LOb'=> f!t. ~I PR6PROTHY .. 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 Philadelphia, PA 19103 (215) 563-7000 PHH MORTGAGE CORPORATION Plaintiff ATTORNEY FOR PLAINTIFF ; COURT OF COMMON PLEAS ; CIVIL DIVISION Vs. ; CUMBERLAND COUNTY DONALD E. WALLACE Defendants ; NO. 06-3863-CNIL TERM TO: DONALD E. WALLACE 113 FAIRFIELD STREET NEWVILLE, PA 17241 rILE COpy DATE OF NOTICE: AUGUST 3. 2006 THIS FIRM IS A DEBT COLLECfOR ATTEMPTING TO COLLECf A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECf THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSEJF YOU HAVE PREVIOUSLY RECENED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN AITEMPT TO COLLECf 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 OBJECfIONS TO THE CLAIMS SET FORTH AGAINST YOU, UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A WDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGIITS, 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 MAYBE 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 ASSOCIA nON 32 SOUTII 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 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUlTE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 PHH MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 06-3863 DONALD E. WALLACE 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 infonnation and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are riot 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 DONALD E. WALLACE is over 18 years of age and resides at , 113 FAIRFIELD STREET, NEWVILLE, PA 17241. This statement is made subject to the penalties of 18 Pa. C.S, Section 4904 relating to unsworn falsification to authorities, DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff -'0. (:) ...0 t ~ ~ . 0 ~J ~ <c - r ... ~ ~ - ~ -0 ~ ~ ~ ~ r - ... ~ 2 ~. "'"t,(":r: 0;;1"-, ' "::0,:;;. &:~',)- ~~{: ~<"-. ,g; t'~') ~C -7 ~ . ,..., """ = "" ~ C._ (n N W ;; '-P. U1 (;) ~ ::r!.." rn.-: -om ~lJC1 Ub "3 -'T, '::l~""n ~,~(:s. '<-rn 2 :s5 :..:: . .... (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW PHH MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 06-3863 DONALD E. WALLACE Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on (JUf J~l, 200 l.,;. BY~ If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STA nON 1617 JOHNF. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 PHH MORTGAGE CORPORATION Plaintiff, v. No. 06-3863 DONALD E. WALLACE Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $77,973.54 Interest from 8/21106 to 12/6/06 (per diem -$12.82) $1,371.74 and Costs TOTAL $79,345.28 DANIEL G. SC IEG, 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. ~ 'r~ ~ ~~ ~ ': ~ ~ ~ a ~ ~ ~ ~ I~ '-.J slifE: ' :; .:2 <J.,.j ~3 <J~ tJi~ _("l\ ~ f;Jo.o( ~~ ~~ S:<;I;I ~t ~~~ 8~ ~o u i~ ;i ~i ~u ~ l-'- w..JQ ut, \..1-. ::;~ '.1_ "J... f.:;>F., 6d: WO- ~u.J U-:r: I- U- o z o .... S o ~ u ~ " ~ i ! ~ .... e \'iO\'<;' x~ '" '" f;Jo.~ o~ ~~ ~f" QiltJ, 01: :i o ~ ~ .;, ;. ~ ~ ~ ;J ~ ~ ~ ... , .. " I I \ ~g~ ~ c-: f'1 I ~ G rl. ~ l::: ';:I p '<3 .- p... , .... ~ i ~ .:g :;::: ~ ~::f 'Q '0 o 4 ~ ~.....,. ... ~ t- ... 0( p... ~ ... i z ii ~ 5 5 ':( f;Jo. .... ... ... ;,; '" ~ ~ 1 ., ~ g \!l g. p.. ., t ~ ~ i l; "\ cJ 1 A -+ .~ 3 ~ w ~1i ~~ !c WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTII OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-3863 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfY the debt, interest and costs due PHH MORTGAGE CORPORATION, Plaintiff (s) From DONALD E. WALLACE (I) You are directed to levy upon the property of the defendant (s land 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 gamishee(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) Ifproperty 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 $77,973.54 L.L. $.50 Interest FROM 8/21/06 TO 12/6/06 (PER DIEM - $12.82) - $1,371.74 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $120.56 Other Costs Plaintiff Paid Date: AUGUST 23, 2006 (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PIDLADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel ofland together with the improvements thereon situate in the Borough of Newville, County of Cumberland and State of Pennsylvania" more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern boundary of Iris Street, also known as Short Street, (now vacated), which point is on the border of Lots No. 35 and 36 hereinafter referenced; thence southwardly along Lot No, 36 on a Plan of Lots of the Town of Newton recorded by John G. McFarlane in the Office ofthe Recorder of Deeds for Cumberland County, Pennsylvania, in Deed Book 'E', Vol 2, Page 424, one hundred eighty (180) feet to an alley; thence by said alley, sixty (60) feet to Lot No. 34 on the aforementioned plan of lots; thence northwardly on said Lot No. 34, one hundred eighty (180) feet to a point on the south side of the former street; thence continuing North six (06) degrees nine (09) minutes thirty (30) seconds West, twenty-five (25) feet to an iron pin in the center of the aforesaid Iris Street; thence along the center of said street, North eighty-three (83) degrees fifty (50) minutes thirty (30) seconds East, sixty-one (61) feet to an iron pin; thence South six (06) degrees nine (09) minutes thirty (30) seconds East, twenty-five (25) feet along the extension of the boundary between the aforesaid Lots 35 and 36 to an iron pin at the place of BEGINNING. BEING Lot No. 35 on the above referenced Plan of Lots as enlarged by the addition of one'half of the vacated Iris Street also known as Short Street BEING AND INTENDED TO BE all of the premises conveyed unto Robert L. Shoemaker and Frances M. Shoemaker, husband and wife, the Grantors herein, by Deed dated February 26,1991, from Jacqueline Kiner (single woman) by her Deed which is recorded in Cumberland County Deed Book 'Z', Volume 34, Page 437. See also Corrective Deed dated September 8, 1992, and recorded in Cumberland County Deed Book 'W', Volume 35, Page 441 (Tract No. I thereof). BEING known and numbered as 113 Fairfield Street, Newville, Pennsylvania 17241. PARCEL IDENTIFICATION NO: 28-21-0361-031 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Donald E. Wallace, by Deed from Robert L. Shoemaker and Frances M. Shoemaker, husband and wife, dated OS/28/2004, recorded OS/28/2004, in Deed Book 263, page 1293, PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Robert L. Shoemaker and Frances M, Shoemaker, husband and wife, by Deed from Jacqueline Kiner, single woman, dated 02/26/1991, recorded 02/26/1991, in Deed Book Z-34, page 437 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUlTE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF PHH MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION DONALD E. WALLACE NO. 06-3863 Defendant(s). 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. l){)ffi~ ~, h DANIEL G, SCHMIEG, ESQUIRE Attorney for Plaintiff a ,..., 0 .", c = -n =<-.... "" -n6~' ". :2.,., cUr' e: G") n'F ;?c N --om <:~::: ~'oO W '::'.) ,1..\ .-- .: -1.- ~.-- ,~ ---r~r, ~~) :t:'" "'):;,} Z ;1"( ) '!? C5rn .."~ z ?D :< U1 ~ .'. '" PHH MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS DONALD E. WALLACE CIVIL DIVISION Defendant(s). NO. 06-3863 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) PBB MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .113 FAIRFIELD STREET. NEWVILLE. PA 17241. L Name and address of Owner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DONALD E. WALLACE 113 FAIRFIELD STREET NEWVILLE, PA 17241 2, Name and address ofDefendant(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) None ./. " 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 113 FAIRFIELD STREET NEWVILLE, PA 17241 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. August 21. 2006 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ~ () c --;,~ .....1'?-c- rr-'; l;_ -;,,'f..' :!:;-:; tj''J ~i'l )c c' Z :;! """ ::r: '9 Ul ". "-> = = "" h- e:.: G) N W ~ :r! nl:!J -oM; ;J,~) ')c' ,.J.;;_..'! "i-H >c:J arn -of ?ri -< - PHH MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No. 06-3863 DONALD E. WALLACE Defendant(s). August 21,2006 TO: DONALD E. WALLACE 113 FAIRFIELD STREET NEWVILLE, PA 17241 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO"COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at .113 FAIRFIELD STREET. NEWVILLE. PA 17241. is scheduled to be sold at the Sheriff's Sale on DECEMBER 6. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $77.973.54 obtained by PHH MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an armouncement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: I. 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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (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 mav not be sold in the absence of a reoresentative of the olaintiff 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 THA T CERTAIN piece or parcel ofland together with the improvements thereon situate in the Borough of Newville, County of Cumberland and State of Pennsylvania" more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern boundary oflTis Street, also known as Short Street, (now vacated), which point is on the border of Lots No. 35 and 36 hereinafter referenced; thence southwardly along Lot No. 36 on a Plan of Lots of the Town of Newton recorded by John G. McFarlane in the Office ofthe Recorder of Deeds for Cumberland County, Pennsylvania, in Deed Book 'E', Vol 2, Page 424, one hundred eighty (180) feet to an alley; thence by said alley, sixty (60) feet to Lot No. 34 on the aforementioned plan of lots; thence northwardly on said Lot No. 34, one hundred eighty (180) feet to a point on the south side of the former street; thence continuing North six (06) degrees nine (09) minutes thirty (30) seconds West, twenty-five (25) feet to an iron pin in the center of the aforesaid Iris Street; thence along the center of said street, North eighty-three (83) degrees fifty (50) minutes thirty (30) seconds East, sixty-one (61) feet to an iron pin; thence South six (06) degrees nine (09) minutes thirty (30) seconds East, twenty-five (25) feet along the extension of the boundary between the aforesaid Lots 35 and 36 to an iron pin at the place of BEGINNING. BEING Lot No. 35 on the above referenced Plan of Lots as enlarged by the addition of one'half of the vacated Iris Street also known as Short Street. BEING AND INTENDED TO BE all of the premises conveyed unto Robert L. Shoemaker and Frances M. Shoemaker, husband and wife, the Grantors herein, by Deed dated February 26, 1991, from Jacqueline Kiner (single woman) by her Deed which is recorded in Cumberland County Deed Book 'Z', Volume 34, Page 437. See also Corrective Deed dated September 8,1992, and recorded in Cumberland County Deed Book 'W', Volume 35, Page 441 (Tract No. I thereof). BEING known and numbered as 113 Fairfield Street, Newville, Pennsylvania 17241. PARCEL IDENTIFICATION NO: 28-21-0361-031 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Donald E. Wallace, by Deed from Robert L. Shoemaker and Frances M. Shoemaker, husband and wife, dated OS/28/2004, recorded OS/28/2004, in Deed Book 263, page 1293. PRIOR DEED INFORMA nON TITLE TO SAID PREMISES IS VESTED IN Robert L. Shoemaker and Frances M. Shoemaker, husband and wife, by Deed from Jacqueline Kiner, single woman, dated 02/26/1991, recorded 02/26/1991, in Deed Book Z-34, page 437 () >:~ "rJ~ r-n /-~~-~; if(" ~~:-:. ~\, i~~:~:' ~; ~ :::? "> ~ ~ :z". ~ c.., f\) c.., ""~ ~ ~ 01 -... 5J? ~ ilf':!1 "'" _-,0,. P7 ;lr ,:",jr-<... ~":J,-,--, -:'-::[', '.),..) "C':O Qf"q -., .io; .;0 "'" 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, P A 19103 -1814 (215) 563-7000 PHH Mortgage Corporation ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Donald E. Wallace No. 06-3863 Defendant 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: I. Plaintiff commenced this foreclosure action by filing a Complaint on July 10, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on August 23,2006 in the amount of$77,973.54. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(I), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for 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. 5. Additional sums have been incurred or expended on Defendant's behaif since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through 12/6/06 Per Diem $12.56 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/BPO MIPIPMI NSF Suspense/Misc. Credits Escrow Deficit $73,375.44 4,203.76 75.24 1,675.00 1,312.00 0.00 132.75 0.00 0.00 0.00 0.00 1.11 0.82 TOTAL $81,885.01 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP " Date: '-1. By: Michele M. Bradford, E Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103-1814 (215) 563-7000 PHH Mortgage Corporation ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Donald E. Wallace No. 06-3863 Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Defendant 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 113 Fairfield Street, Newville, P A 17241. 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, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, Costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments 9 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319,321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171,595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank. 445 Pa. 117,282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545,2 A.2d 826 (1939). Because ajudgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The 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 mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms ofthe Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. IV. 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. V. 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 offive 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 Shopoing Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee often 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 attom~y's fee often 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. 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. DATE: q Phelan Hallinan & Schmieg, LLP Michele M. Bradford, Attorney for Plaintiff By: Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LA WRENCE T. PHELAN, ESQ., Id No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PIDLADELPHIA, P A 19103 (215) 563-7000 137249 PHH MORTGAGE CORPORATION 3000 LEADENHALL ROAD MOUNT LAUREL, Nl 08054 A TIORNEY FOR PLAINTIFF Plain~ff . COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Dl.. - .3A3 (7lU~L ~ ~ CUMBERLAND COUNTY v. DONALDE. WALLACE 113 FAIRFIELD STREET NEWVILL~ P A 17241 Defendant ~~ 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 a<::tion within twenty (20) days after this complaint and notice are served, by entering a written appearance personally Of 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 ~y 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., 00 TO OR TELEPHONE THE OFFICE SET FORTH BELOW. TIllS OfFICE CAN PROVIDE YOU Wl11f INFORMATION ABOUT HIRING A LA WYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO EUGffiLE 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 o ,- 'lit""" w%f ~ J "',O~'J t~1 {', . ~~\ v '1'" z.. :T cot, ~ ;:: ;=.., ~e \~~. \tU~ ~\\~'IO\G9 . ~ {,=~ \0'0. ~ d. ~ "~:'I~:: , S~ -:;- ~ -;. I'o.:.l ~ ,;~ (;11-, o .. '-- c:;: r- --I I:!J rn 1-<- -r:IG ~35: :~~?: ;.~ ~:r: :~ ~f~ C) .~.""1 ~ -:: f.~TIORNEV FILE COPtf PlEASE 'REtURN o ;po. ::!t .r PRe 1#: 131249 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 137249 PHH MORTGAGE CORPORATION 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 A TIORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY v. DONALDE. WALLACE 113 FAIRFIELD STREET NEWVILLE, P A 17241 Defendant 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 LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMA nON 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, P A 17013 (800)990-9108 File #: 137249 File #: 137249 IF THIS IS THE FIRST NOTICE mAT 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 WAfT 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 EST ATE. 1. Plaintiff is PHH MORTGAGE CORPORATION 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: DONALD E. WALLACE 113 FAIRFIELD STREET NEWVILLE, P A 17241 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On OS/28/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CENDANT MORTGAGE CORPORA nON which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No.: 1867, Page: 3275. By Assignment of Mortgage recorded 07/22/2004 the mortgage was Assigned To MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC which Assignment is recorded in Assignment Of Mortgage Book No. 710, Page 478. PLAINTIFF is now the legal owner of the mortgage and is in the process offonnalizing an assignment of same. 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 03/0112006 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 #: 137249 6. The following amounts are due on the mortgage: Principal Balance Interest 02/01/2006 through 07/06/2006 (Per Diem $12.74) Attorney's Fees Cumulative Late Charges OS/28/2004 to 07/06/2006 Cost of Suit and Title Search Subtotal $73,375.44 1,987.44 1,250.00 75.24 $ 550.00 $ 77,238.12 Escrow Credit Deficit Subtotal 0.00 149.38 $ 149.38 TOTAL $ 77,387.50 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$ 77,387.50, together with interest from 07/06/2006 at the rate of $12.74 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP ~ ,/1 ~~. By: IslFrancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 137249 LEGAL DESCRIPTION ALL THA T CERTAIN piece or parcel of land together with the improvements thereon situate in the Borough of Newville, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern boundary of Iris Street, also known as Short Street, (now vacated), which point is on the border of Lots No. 35 and 36 hereinafter referenced; thence southwardly along Lot No. 36 on a Plan of Lots of the Town of Newton recorded by John G. McFarlane in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Deed Book 'E', Vol 2, Page 424, one hundred eighty (180) feet to an alley; thence by said alley, sixty (60) feet to Lot No. 34 on the aforementioned plan oflots; thence northwardly on said Lot No. 34, one hundred eighty (180) feet to a point on the south side of the former street; thence continuing North six (06) degrees nine (09) minutes thirty (30) seconds West, twenty~five (25) feet to an iron pin in the center of the aforesaid Iris Street; thence along the center of said street, North eighty-three (83) degrees fifty (50) minutes thirty (30) seconds East, sixty-one (61) feet to an iron pin; thence South six (06) degrees nine (09) minutes thirty (30) seconds East, twenty-five (25) feet along the extension of the boundary between the aforesaid Lots 35 and 36 to an iron pin at the place of BEGINNING. BEING Lot No. 35 on the above referenced Plan of Lots as enlarged by the addition of one-half of the vacated Iris Street also known as Short Street. BEING AND INTENDED TO BE all of the premises conveyed unto Robert L. Shoemaker and Frances M. Shoemaker, husband and wife, the Grantors herein, by Deed dated February 26, 1991, from Jacqueline Kiner (single woman) by her Deed which is recorded in Cumberland County Deed Book 'Z', Volume 34, Page 437. See also Corrective Deed dated September 8, 1992, and recorded in Cumberland County Deed Book 'WI, Volume 35, Page 441 (Tract No. I thereof). BEING known and numbered as 113 Fairfield Street, Newville, Pennsylvania 17241. AND BEING the same premises which Robert L. Shoemaker and Frances M. Shoemaker, husband and wife, by their deed dated and recorded even date herewith in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Donald E. Wallace, a married man, Mortgagor herein. File #: 137249 VRRlFTCATTON FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. :Js1ML- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: '1 ~ olf Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 61205 Attorney for Plalntiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 PHB MORTGAGE CORPORATION 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 06-3863 DONALD E. WALLACE 8 ~ -on, !1'!f1t ~~' ~C) ~() PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO~ ~ ANSWER AND ASSESSMENT OF DAMAGES =< D~rendant(s). , <\ -- '(' f i' . " ;,'..' -, '. . , _ ,''''1 " :,.1(', ~\it; ritL l;!Jf-'Y' lr-llEAS~ RET URN TO TIlE PROTHONOTARY: ....., 0 = ~ '"'Tl <:7' > ~ c:: ni:D C') -';:f f(; N ::r)~ w 0 ,--.j J :r:- :;1; :~{ :z ":..J C') \..0 6rn ~ U1 ~ Kindly enter an in rem judgment in favor of the Plaintiff and against DONALD E. WALLACE. Defendant(s) for failure to rue an Answer to Plaintiffs Complaint within 20 days from service thereof andJor ForeClosure and Sale of the mortgaged premises. and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 717/06 to 8/21/06 TOTAL $77,387.50 $586.04 $77,973.54 I hereby certify that (I) 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. DAMAGES ARE HEREBY ASSESSED AS ~ICATED. ~ DATE: .{$4f[C,O{.. '. '.' C~ .p, PRO ATTORNE'y FILE COpy PLEASE RETURN ~*s:':h ~i"'d Y 9 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. DATE:~ Phelan Hallinan & Schmieg, LLP Michele M. Bradford, Esquir Attorney for Plaintiff By: 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 ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Donald E. Wallace No. 06-3863 Defendant CERTIFICA TION 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 individual on the date indicated below. Donald E. Wallace 113 Fairfield Street Newville, P A 17241 Donald E. Wallace P.O. Box 60 Aspers, PAl 7304 DATE: q!?Atlm Phelan Hallinan & Schmieg, LLP r-- ~., Michele M. Bradford, Es Attorney for Plaintiff By: { " _f r-..) .::~ ,';;' C,-. (,1") ;-'1 -(J ~ --4 ~-n 1'1 m 9 c., -5l~ ~~n1 J;" :~ N -.J ~ <2 Ul vI SHERIFF'S RETURN - REGULAR CASE NO: 2006-03863 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS WALLACE DONALD E VALERIE WEARY , Sheriff or Deputy Sheriff of cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WALLACE DONALD E the DEFENDANT , at 1028:00 HOURS, on the 13th day of July , 2006 at 113 FAIRFIELD STREET NEWVILLE, PA 17241 by handing to KIM WALLACE, SPOUSE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 10.56 .00 10.00 .00 38.56;/ ~ (it, /0(" .~~~ R. Thomas Kline ~ 07/13/2006 PHELAN HALLINAN SCHMIEG before me this day By: M~ Deputy Sheriff Sworn and Subscibed to of A.D. PHH MORTGAGE CORP., PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3863 CIVIL V. DONALD E. WALLACE, DEFENDANT CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 3rd day of October, 2006, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested by Plaintiff should not be granted; 2. The Defendant will file an answer on or before October 24, 2006; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. By the Court, )Son~~ fi\\\\(~.:m,~ Michele M. Bradford, Esquire Counsel for Plaintiff ~nald E. Wallace Defendant J. bas cX;i ().1\ Ho..\ \ , nO 0 / n;' S c \, '" \(:~ ZS :8 ~'Jd S- 1:)0 900l A HVlOi<> 3Hl :10 :OH30-0::Jll:l , .f PL\.INTIFF AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PHH MORTGAGE CORPORA nON DEFENDANT(S) DONALD E. WALLACE No. 06-3863 p~ S4f i5i ~I.{ ~ ACCT. #0027830900 SERVE: DONALD E. WALLACE 113 FAIRFIELD STREET NEWVILLE, PA 17241 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 6, 2006 Served and made known to be I"'j q I d G". , 200{g at f.' )3, o'clock P.m., at (/3 SERVED WQ 1(0 c e. . Defendant, on the ~ q ,'" {\' e I d & .J- . II fVl. day of .4l.A.jlAJ.~ , Commonwealth of Pennsylvania, in the manner described below: V'Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Des~tion: Age 3s: q.r Height ~I Weight J]Q Race ~ Sex..A/1 Other 1, _~..) QUI'J eO b eN 5, a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. ~ NOT SERVED On the day of ,200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 st Attempt: I I Time: 2nd Attempt: I I Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire 1.0. No. 62205 ,/ ~) (') ~~ o ,,,'-0 o ("''; -\ f',) .. PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Esquire Atty. I.D. 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 Attorney for Plaintiff Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Donald E. Wallace No. 06-3863 Defendant MOTION TO MAKE RULE ABSOLUTE Plaintiff, Mortgage Electronic Registration Systems, Inc., by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Case absolute in the above-captioned action, and in support thereof avers as follows: I . That it is The Plaintiff in this action. 2. A Rule was entered by the Court on October 3, 2006 directing the Respondents to show cause why the Motion to Reassess should not be granted. A true and correct copy ofthe Rule is attached hereto, made apart hereof, and marked Exhibit "A". 3. The Rule to Show Cause was timely served upon all parties on October 3, 2006, 2006 by the Prothonotary in accordance with the applicable rules of civil procedure. 4. Respondents failed to respond or otherwise plead by the Rule Returnable date of October 24, 2006. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff Mortgage Electronic Registration Systems, Inc.' s Motion to Reassess Damages. PHELAN HALLINAN & SCHMIEG, LLP Michele M. Bradford, Esquir Attorney for Plaintiff .II .. PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, P A 19103-1814 (215) 563-7000 PHH Mortgage Corporation Attorney for Plaintiff Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Donald E. Wallace No. 06-3863 Defendant BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on September 26, 2006. A Rule was entered by the Court on October 3,2006 directing the Respondents to show cause why the Motion to Reassess Damages should not be granted. (See Exhibit "A") The Rule to Show Cause was timely served upon all parties on October 3,2006 by the Prothonotary in accordance with the applicable rules of civil procedure. Respondents failed to respond or otherwise plead by the Rule Returnable date of October 24, 2006 upon the Defendant. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs Motion to Reassess Damages. Iv I~~~ Datel , lEG, LLP Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" PHH MORTGAGE CORP., PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-3863 CIVIL V. DONAL~ALLACE, DEFENDANT : CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 3rd day of Oct~ber, 2006, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested by Plaintiff should not be granted; 2. The Defendant will file an answer on or before October 24, 2006; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting -~, Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. By the Court, J. Michele M. BradfORi; Esquire Counsel for Plaintiff Donald E. Wallace Defendant bas VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff, in this action, that she is authorized to take this verification, and that the statements made in the foregoing Motion to Make Rule Absolute 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 sworn penalties of 18 Pa.C.S. 94904 relating to the unsworn falsification of authorities. .~~ Michele M. Bradford, EsqUIre Attorney for Plaintiff . PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, P A 19103 -1814 (215) 563-7000 PHH Mortgage Corporation Attorney for Plaintiff Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Donald E. Wallace No. 06-3863 Defendant CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Motion to Make Rule Absolute and Brief in Support thereof was served upon the following interested parties via first class mail on the date indicated below: Donald E. Wallace 113 Fairfield Street Newville, PA 17241 Donald E. Wallace P.O. Box 60 Aspers, P A 1 04 /p /~~1nt Daje Michele M. Bradford, E quire Attorney for Plaintiff r--., c:::::l t;:;::) C""> C) C) -l N 0'" o "TJ ~ rn ::n r- -om :::00 g~~} ;''.):'0 :zo C) I'n ;-{ ~ -< ..,.., :::i N N W 't ,.,. SALE DATE: DECEMBER 6.2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION - LAW PHH MORTGAGE CORPORATION o r- ~~ 5-c No.: 06-3863 VS. DONALD E. WALLACE AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE ."". 2:~ :;..... ~ '-<. w a w Plaintiff in the above action sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 113 FAIRFIELD STREET. NEWVILLE. PA 17241. As required by Pa. R.C.P. 3l29.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3l29.2(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 ofthe 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. ffY~Ji~~ DANIEL SCHMIEG, ESQUIRE Attorney for Plaintiff November 6, 2006 '" = = en -... a ooc;;; w 3? o " --I :t:"T'j CIlp=: -orn =:j cr' ~~:j ~:.~,i ;~~ ~;?; '-~ ::-1 ~ -< ',. ~';j l' o>z ~i. ...- ..... - - ..... ...- ~c.llo) \Jl ,l:>. W t-,) ...- 0 ..0 QO ~ 0\ \Jl ,l:>. w t-.> - ~' ~~s ;:,.i 'to =!nl a.lf ~ ~ ~a, ~ ~ c. I c:;' Ci' % c 3 go ... i~ ~ Ci -l 3 Ci z ~.~~~ [~ ~ ~ ~ " 11 ~ ... ~-..l ~i S ";1>- ~ So ~""''lr b ~ ~ -g:g~~ ie. itl ~ i 01 ~ ~ () -' ~ (") ~ 9\ ~ ~ Jll .' Cll II ~ ~ ~ >'d~a ~ ell >g~t"" ?: '"d 9 ";1>- J ::o::l~Z ';I> t"" ~ g _g,cn)> g ";1>- """ ~ frl 0 ... 0'< s:: 'Z '"1'1 'Z i If'g'[ - - '"d I:/l ,.... ..,\'!P - - ~ ~ 0 ~~i(/) w w ~ w6' '"1'1 >< (') '1:1 ~ () .. ~~~.~ ~l ";1>- I:/l C > Si3 ';Q ~ ~ t ~~ '1:1 "I'l i 'S(/)g~ cr1 a: ~ b ~ ~ ::c s:: ~ i ~ ~~ c- oo ~ ~ ~- r 0 ~ g; g 0 ~""'" ~ ..., >0 i ~ '"0 8 ~o :r .:-1 ";1>- ~ i" ~ ~ i ~ - j ~~~~~ p t;: -l v> 8ga~ t'" 0 Z '<ni ~s: p1 so 'Tl 0 fv^'- :e 011;' "C "C ~ 'C; ~ \ol?i,,,,-.,-,,. ';I> l ='~~ ";1>- ~ >;r. , a. e. ~ .- - ~ i8 g' - ~ :r. vJ ~ ~ _ <A2.a, ~ 't ~ ..J ~i~l~ .- - ~ ('J ~'.g,. ~ ii '"d ~,~ 1 s':" 0 ~ .\=. 0"" ",n to .:J) a~ ~ l('~. ~ ~ e.~i~i s;;. c: g t-J tn l~' \ ~ ~ ~ '0;1 i Y' , go a ~ () ~~~ ~, a =.l!'~' ~ O!~~l 11'~~_. .- t/.l I:/l i[~~ to r' i.i ~J ,... Jtl '- ';Q '"d "'~'& 0 .P ';l> a!i~ '"d ,.- ~ ~.~a\ ";1>- <::) s-~l~ -: .- %g a- 1..1' _.~ ::l !,1 i.~ ~..s::i ~ ~::::,~ ~~M j: l i\ ~. '" s~ s {~.:I 'i1 ~\ a l);' U\ q"P -;..~" ~~ 8~' ~a"&~ i ~.. ." il'''O~ 1t -.,., i ~ ~ ------- " .. 7 PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, P A 19103-1814 (215) 563-7000 PHH Mortgage Corporation ,~ 7' ji ~"\ / '! I Attorney for Plaintiff/}1( Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Donald E. Wallace No. 06-3863 Defendant ORDER AND NOW, this 1 ~1' day of rJ.". , 2006, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Respondents shall be and is hereby made absolute and Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED; and the Prothonotary is ordered to amend the judgment as follows: Principal Balance Interest Through 12/6/06 Per Diem $12.56 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/BPO MIPIPMI NSF Suspense/Misc. Credits Escrow Deficit $73,375.44 4,203.76 75.24 1,675.00 1,312.00 0.00 132.75 0.00 0.00 0.00 0.00 1.110.82 TOTAL $81,885.01 Plus interest 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. 137249 22 :8 ~~d f - AON 900l Ab'V10NOi-LLOdd 3Hl :10 301::!::lO-G311::! COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which PHH Mortgage Corporation is the grantee the same having been sold to said grantee on the 26th day of December A.D., 2006, under and by virtue of a writ Execution issued on the 23rd day of August, A.D., 2006, out ofthe Court of Common Pleas of said County as of Civil Term, 2006 Number 3863, at the suit ofPHH Mortgage Corporation against Donald E Wallace is duly recorded in Deed Book No. 278, Page 510. 00 ~ vJ ~ (\' \JJ IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this .2-, day of ,f)e c- , A.D.2~ ~ ~v Rtoonler 01 ~.1..lMIlberIInd 1'....-. 1'..-.. Recorder of Deeds MyCommialon ExpirMIle FirIt~~~ PHH Mortgage Corporation VS Donald E. Wallace In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-3863 Civil Term Cpl Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on September 13,2006 at 2127 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Donald E. Wallace, by making known unto Donald Wallace personally, at 113 Fairfield St., Newville, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on October 10,2006 at 1639 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Donald E. Wallace located at 113 Fairfield Street, Newville, 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 ofthe pendency of the action to the within named defendant, to wit: Donald E. Wallace, by regular mail to his last known address of 113 Fairfield Street, Newville, P A 17241. This letter was mailed under the date of October 10, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 6, 2006 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to attorney Daniel G. Schmieg on behalf ofPHH Mortgage Corporation. It being the highest bid and best price received for the same, PHH Mortgage Corporation of 3000 Leadenhall Road, Mount Laurel NJ, 08054 being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$1219.26. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 30.00 23.91 15.00 15.00 30.00 10.00 .50 1.00 21.12 3.52 15.00 20.00 545.00 408.77 15.94 25.00 39.50 $1219.26 S07~?'~ R. Thomas Kline, Sheriff ().ee~ cP~ ~ ~\.50 '? (p f'\ LQ "* ~ oaJp c,~ \e~ ~~ # ( " . PHH MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS DONALD E. WALLACE CIVIL DIVISION Defendant(s). NO. 06-3863 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) PHH MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .113 FAIRFIELD STREET. NEWVILLE. P A 17241 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DONALD E. WALLACE 113 FAIRFIELD STREET NEWVILLE, P A 17241 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) None # " 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 113 FAIRFIELD STREET NEWVILLE, PA 17241 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare 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. August 21. 2006 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff of' PHH MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY v. No. 06-3863 DONALD E. WALLACE Defendant(s). August 21,2006 TO: DONALD E. WALLACE 113 FAIRFIELD STREET NEWVILLE, PA 17241 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO'COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at. 113 FAIRFIELD STREET. NEWVILLE. PA 17241. is scheduled to be sold at the Sheriffs Sale on DECEMBER 6. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $77.973.54 obtained by PHH MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE 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. ,A f. 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 HA VE 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 ALA WYER 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, P A 17013 (717) 249-3166 (800) 990-9108 , . .' . LEGAL DESCRIPTION ALL THA T CERTAIN piece or parcel of land together with the improvements thereon situate in the Borough of Newville, County of Cumberland and State of Pennsylvania" more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern boundary of Iris Street, also known as Short Street, (now vacated), which point is on the border of Lots No. 35 and 36 hereinafter referenced; thence southwardly along Lot No. 36 on a Plan of Lots of the Town of Newton recorded by John G. McFarlane in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Deed Book 'E', Vol 2, Page 424, one hundred eighty (180) feet to an alley; thence by said alley, sixty (60) feet to Lot No. 34 on the aforementioned plan oflots; thence northwardly on said Lot No. 34, one hundred eighty (180) feet to a point on the south side of the former street; thence continuing North six (06) degrees nine (09) minutes thirty (30) seconds West, twenty-five (25) feet to an iron pin in the center of the aforesaid Iris Street; thence along the center of said street, North eighty-three (83) degrees fifty (50) minutes thirty (30) seconds East, sixty-one (61) feet to an iron pin; thence South six (06) degrees nine (09) minutes thirty (30) seconds East, twenty-five (25) feet along the extension of the boundary between the aforesaid Lots 35 and 36 to an iron pin at the place of BEGINNING. BEING Lot No. 35 on the above referenced Plan of Lots as enlarged by the addition of one'half of the vacated Iris Street also known as Short Street. BEING AND INTENDED TO BE all of the premises conveyed unto Robert L. Shoemaker and Frances M. Shoemaker, husband and wife, the Grantors herein, by Deed dated February 26,1991, from Jacqueline Kiner (single woman) by her Deed which is recorded in Cumberland County Deed Book 'Z', Volume 34, Page 437. See also Corrective Deed dated September 8, 1992, and recorded in Cumberland County Deed Book 'W', Volume 35, Page 441 (Tract No. I thereof). BEING known and numbered as 113 Fairfield Street, Newville, Pennsylvania 17241. PARCEL IDENTIFICATION NO: 28-21-0361-031 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Donald E. Wallace, by Deed from Robert L. Shoemaker and Frances M. Shoemaker, husband and wife, dated OS/28/2004, recorded OS/28/2004, in Deed Book 263, page 1293. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Robert L. Shoemaker and Frances M. Shoemaker, husband and wife, by Deed from Jacqueline Kiner, single woman, dated 02/26/1991, recorded 02/26/1991, in Deed Book Z-34, page 437 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-3863 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION, Plaintiff (s) From DONALD E. WALLACE (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) Ifproperty 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $77,973.54 1.1. $.50 Interest FROM 8/21/06 TO 12/6/06 (PER DIEM - $12.82) - $1,371.74 AND COSTS Atty's Comrn % Due Prothy $1.00 Atty Paid $120.56 Other Costs Plaintiff Paid Date: AUGUST 23, 2006 (Seal) Prothonotary 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 e:.r- @B ~ ~ ~ .; .I Real Estate Sale # 42 On August 25, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Newville Borough, Cumberland County, P A Known and numbered as 113 Fairfield Street, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 25,2006 By: 0d~JooR Real Estate Sergeant LO :Z d SZ 9nV qUOl ),.Lf\'(iU,j l"""'r,'" :' ::l.:l J (j"::; 11' (' :'1 ~"Il' , " I '.,; ~j G &U i .J ~I ,J ~I' :jO 3:Ji.:!.::!O ~ , , . 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 smce; 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 25th day(s) of October and the 1st and 8th day(s) of November 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 S ALE #42 a CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 ~""""""'" i ',", ' '..' .' ..'....,',.'.::. . "'." ", .'. ".',e,':","',.'" .., ;;r ,'. :> ~C:'i';i' i' '., ".... , ......... - "..,. D_,"~I_ AIL 'DfAT ~~ll' ....oflaod topdlIII:...:t' 11 .. rr-,....1itlIIle in 1be "IanlIIP'. cif',~.COmIty of ~_i'.cif'~-'1nllre partic:IdIilIy....... ~. follows, to wi!: ~ at. }Illilltotlllc,....lIouIid.y of Iris SlRd, alsO ban . Short Slreet. (now wmaI). _ poiIlt is llIIlIIc boI.det of Lots No. 35 aad36' ~JilIfC'''''Ttit,.lIiaIce ~1l'JtIi"'r"LaIs " ""'..,,,,6, "'~ of , '. in t. ,:ttmiy (30) . . "~ ~: "'lbirty (30) ~ '. , ,'Qs)f. aloag !he ~ ,("lie~~1he af~~,' 36 to.. inlIlpin'at!be place of ' . IIeiDg ~. ,the a!love~ Pbu of~., "J!!e~ofllllC~of !be ~ Iris "altubQwa as Short Street. 1IeiDg... iBIaIded..- ~ ,all ,of lIle.pauises ~ _.....~",L,.~. aIld FImceli. M-'~ ~:.-.. !he GrauIlII'$~'" Dolld_iFelnaty 26, 1991.'" "'..,,. ~"""'l~j)y hr:r ~i"I.,{i,'i.tn IluIit t:iioDtYDolld.... . . ~, pqe 437. See also CoiiecIive DeecI ... ~ 8. 1992. ......~~co..tyDced Book .'Ft....35. ~~Ii (1iad No.. 1 ~ Beiug.~,. ......~ as: .113.Fair.fidd Slreel,....~__I'D4I. 1'lIatlD.....2I-~.I-G 1itJe to _,............ in D8BaId E. WaIIal:e, !Jy Detd, f1lIn Bht L 'SIloaIlIkrl . IWlZs Ilt,~ '......_wife, dIted W.28"1~lIII'JIIIb4.iD'D* Book 263.JlIIF li293.." TJtIe lDlIid~,,""in Iobert L ~_ ' , '.~iIuBbIDd .."" .......... ,...,.... . ...... tr1Iiltiil991. inDeedBooi z,M-..:om. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYL VANIA SSe COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: October 20, October 27 and November 3, 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. SWORN TO AND SUBSCRIBED before me this 3 day of November. 2006 ~~ ".v.i. .~~ Notary RJtAL ItBTATJ!: SALIt JIIO. 42 Writ No. 2006-3863 Civil PHH Mortgage Corporation vs. Donald E. Wallace Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land together with the im- provements thereon situate in the Borough of Newville. County of Cumberland and State of Pennsyl- vania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern boundary of Iris Street, also known as Short Street, (now vacated). which point is on the bor- der of Lots No. 35 and 36 hereinaf- ter referenced; thence southwardly along Lot No. 36 on a Plan of Lots of the Town of Newton recorded by John G. McFarlane in the Office of the Recorder of Deeds for Cumber- land County, Pennsylvania, in Deed Book 'E', Vol 2, Page 424. one hun- dred eighty (180) feet to an alley; thence by said alley, sixty (60) feet to Lot No. 34 on the aforementioned plan of lots; thence northwardly on said Lot No. 34, one hundred eighty (180) feet to a point on the south side of the former street; thence conttlluing North six (06) degrees nine (09) minutes thirty (30) seconds West, twenty-five (25) feet to an iron pin in the center of the aforesaid Iris Street; thence along the center of said street, North eighty-three (83) degrees fifty (50) minutes thirty (30) seconds East, sixty-one (61) feet to an iron pin; thence South six (06) degrees nine (09) minutes thirty (30) seconds East. twenty-five (25) feet along the extension of the boundary between the aforesaid Lots 35 and 36 to an iron pin at the place of BEGINNING. BEING Lot No. 35 on the above referenced Plan of Lots as enlarged by the addition of one half of the vacated Iris Street also known as Short Street. BEING AND INTENDED TO BE all of the premises conveyed unto Robert L. Shoemaker and Frances M. Shoemaker, husband and wife, the Grantors herein, by Deed dated February 26, 1991, from Jacqueline Kiner (single woman) by her Deed which is recorded in Cumberland County Deed Book 'Z', Volume 34, Page 437. See also Corrective Deed dated September 8, 1992, and re- corded in Cumberland County Deed Book 'W', Volume 35. Page 441 [Tract No. 1 thereof). BEING known and numbered as 113 Fairfield Street, Newville, Penn- sylvania 1724l. PARCEL IDENTIFICATION NO: 28-21-0361-03l. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Donald E. Wallace, by Deed from Robert L. Shoemaker and Frances M. Shoemaker, husband and wife, dated OS/28/2004, re- corded OS/28/2004, in Deed Book 263, page 1293. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Robert L. Shoemaker and Frances M. Shoemaker, hus- band and wife, by Deed from Jacqueline Kiner, single woman, dated 02/26/1991, recorded 02/ 26/1991. in Deed Book Z-34, page 437. -----