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HomeMy WebLinkAbout06-4444PHELAN 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 124579 PHH MORTGAGE CORPORATION, FWA CENDANT MORTGAGE CORPORATION, F/KJA PHH MORTGAGE SERVICES CORPORATION 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Plaintiff V. JOSEPH W. WHITEAKER A/K/A JOSEPH WAYNE WHI FAKER JANNE E. WHITEAKER A/K/A JANNE EULETA WHITEAKER 142 TORY CIRCLE ENOLA, PA 17025 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO.Qlo -41qSl! (YlU1.L lstkv? 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 File #: 124579 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 #: 124579 1. Plaintiff is PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 The name(s) and last known address(es) of the Defendant(s) are: JOSEPH W. WHTTEAKER A/K/A JOSEPH WAYNE WHTTEAKER JANNEE. WHITEAKER A/K/A JANNE EULETA WHTTEAKER 142 TORY CIRCLE ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 06/27/1997 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAITNIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1390, Page: 935. Said mortgage was modified as set forth in the modification agreement dated 06/2/05, in Mortgage Book No. 718, Page 307. 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 09/01/2005 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 #: 124579 6. The following amounts are due on the mortgage: Principal Balance $90,630.09 Interest 7,633.60 08/01/2005 through 08/02/2006 (Per Diem $20.80) Attorney's Fees 1,250.00 Cumulative Late Charges 0.00 06/27/1997 to 08/02/2006 Cost of Suit and Title Search 550.00 Subtotal $ 100,063.69 Escrow Credit 0.00 Deficit 0.00 Subtotal 0.00 TOTAL $ 100,063.69 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 $ 100,063.69, together with interest from 08/02/2006 at the rate of $20.80 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 & SCHMIEG, LLP ` By: /s rancis . Hallina`nn S' LA NCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 124579 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the southern legal right-of-way line of Tory Circle at the northwest corner of Lot No. 21 on the hereinafter described final subdivision plan; thence along the western line of said Lot No. 21, South 03 degrees 11 minutes 12 seconds East, a distance of 87.35 feet to a point; thence continuing along the same, South 15 degrees 42 minutes 27 seconds West, a distance of 22.48 feet to a point on the northern legal right-of-way line of Tyler Lane (shown as Dutch Lane on the hereinafter described final subdivision plan); thence along the northern legal right-of-way line of Tyler Lane by a curve to the left having a radius of 160.00 feet an are length of 29.74 feet to a point; thence along the northeastern legal right-of-way line of the intersection of Nathan Drive (shown as Deluxe Drive on the hereinafter described final subdivision plan) and Tyler Lane by a curve to the right having a radius of 15.00 feet an arc length of 21.40 feet to a point; thence along the eastern legal right-of-way line of Nathan Drive North 03 degrees 11 minutes 12 seconds West, a distance of 61.81 feet to a point; thence along the southeastern legal right-of-way line of the intersection of Nathan Drive and Tory Circle by a curve to the right of having a radius of 25.00 feet an arc length of 39.27 feet to a point; thence along the southern legal right-of-way line of Tory Circle North 86 degrees 48 minutes 48 seconds East, a distance of 24.00 feet to a point at the northeast corner of Lot No. 21 on the hereinafter described final subdivision plan, the point and place of BEGINNING. CONTAINING 4,860.90 square feet, more or less. BEING Lot No. 22, Section 2, on the final subdivision plan of Laurel Hills North Lots 3 and 4, dated June 1, 1992, revised August 5, 1992 and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Plan Book 65, Page 39. BEING improved with a dwelling known as 142 Tory Circle SUBJECT to an easement for utility installation and maintenance which is reserved on all lots and such other easements, as may be shown in recorded documents, granted to Public Utility Companies for utility purposes. Electric service will be supplies only from the underground distribution system in accordance with then current PP&L Company Tariff provisions. UNDER AND SUBJECT, nevertheless, to restrictions, easements, setback lines and conditions as now appear of record including, but not limited to, Declaration of Covenants and Restrictions applicable to final subdivision plan for Laurel Hills North Lots Nos. 3 and 4, Section 2, Section 3, Section 4 and Section 5, East Pennsboro Township, Cumberland County, Pennsylvania, dated March 25, 1994 and recorded in the Office of the Recorder of Deeds of Cumberland County, in Miscellaneous Book 469, Page 568 BEING THE SAME PREMISES which Laurel Hills Development Corp., a Pennsylvania corporation, by deed to be recorded simultaneously herewith in the Cumberland County Recorder of Deeds Office to grant and convey unto Joseph W. Whiteaker and Janne E. Whiteaker. PROPERTY BEING: 142 TORY CIRCLE File #: 124579 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 unswom falsification to authorities. ?, 1,kl" FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: °? b -moo tR 44 Ut Vt d d 7] CV.) I SHERIFF'S RETURN - REGULAR M CASE NO: 2006-04444 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION ETAL VS WHITEAKER JOSEPH W WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WHITEAKER JOSEPH W AKA JOSEPH WAYNE WHITEAKER the DEFENDANT , at 1343:00 HOURS, on the 4th day of August 2006 at 142 TORY CIRCLE ENOLA, PA 17025 JOSEPH WHITEAKER by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00. Service 13 .2 0 "';?F`,.-? `?`;'2 , fie„,,,,"3°`,•;$'" .skiv'"?'`."` Affidavit .00 Surcharge 10.00 R. Thomas Kline nn 41.20 08/04/2006 4rz??F PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: 4 7 ?- before me this day Deputy Sheriff of A. D. SHERIFF'S RETURN - REGULAR Y CASE NO: 2006-04444 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION ETAL VS WHITEAKER JOSEPH W WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WHITEAKER JANNE E AKA JANNE EULETA WHITEAKER the DEFENDANT , at 1343:00 HOURS, on the 4th day of August , 2006 at 142 TORY CIRCLE ENOLA, PA 17025 JOSEPH WHITEAKER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing Service 6.00 .00 ; Affidavit . 00 Surcharge 10.00 R. Thomas Kline 16.00./ 08/04/2006 o__ Q ja51o, PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: Z?k- before me this day Deputy Sheriff by handing to ADULT IN CHARGE of A. D. 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/K/A CENDANT MORTGAGE CORPORATION, F/K/A CUMBERLAND COUNTY PHH MORTGAGE SERVICES CORPORATION COURT OF COMMON PLEAS 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 CIVIL DIVISION Plaintiff, NO. 06-4444 V. JOSEPH W. WHITEAKER A/K/A JOSEPH WAYNE WHITEAKER JANNE E. WHITEAKER A/K/A JANNE EULETA WHITEAKER 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 JOSEPH W. WHITEAKER A/K/A JOSEPH WAYNE WHITEAKER and JANNE E. WHITEAKER A/K/A JANNE EULETA WHITEAKER, Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 8/3/06 to 10/4/06 TOTAL $100,063.69 $1,310.40 $101,374.09 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, ES IRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: sl ao6(--) -4 eaJ=w- - IPM PRO ROTHY 1zys-71 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 Philadelphia, PA 19103 (215) 563-7000 PHH MORTGAGE CORPORATION, F/K/A CENDANT : COURT OF COMMON PLEAS MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION : CIVIL DIVISION Plaintiff CUMBERLAND COUNTY Vs. NO. 06-4444-CIVIL TERM JOSEPH W. WHITEAKER A/K/A JOSEPH WAYNE WHITEAKER JANNE E. WHITEAKER A/K/A JANNE EULETA WHITEAKER Defendants TO: JOSEPH W. WHITEAKER A/KIA JOSEPH WAYNE WHITEAKER FIL E Cop y 142 TORY CIRCLE ENOLA, PA 17025 DATE OF NOTICE: September 19, 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, 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 Philadelphia, PA 19103 (215) 563-7000 PHH MORTGAGE CORPORATION, F/KJA CENDANT : COURT OF COMMON PLEAS MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION : CIVIL DIVISION Plaintiff CUMBERLAND COUNTY Vs. JOSEPH W. WHITEAKER :NO. 064444-CIVIL TERM A/K/A JOSEPH WAYNE WHITEAKER JANNE E. WHITEAKER A/K/A JANNE EULETA WHITEAKER Defendants TO: JANNE E. WHITEAKER A/K/A JANNE EULETA WHITEAKER 412 TORY CIRCLE ENOLA, PA 17025 DATE OF NOTICE: September 19, 2006 FILE COPY 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 CORPORATION 3000 LEADENHALL ROAD Plaintiff, V. JOSEPH W. WHITEAKER A/K/A JOSEPH WAYNE WHITEAKER JANNE E. WHITEAKER A/K/A JANNE EULETA WHITEAKER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4444 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 JOSEPH W. WHITEAKER A/K/A JOSEPH WAYNE WHITEAKER is over 18 years of age and resides at, 142 TORY CIRCLE, ENOLA, PA 17025. (c) that defendant JANNE E. WHITEAKER A/K/A JANNE EULETA WHITEAKER is over 18 years of age, and resides at, 142 TORY CIRCLE, ENOLA, PA 17025. 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 UIRE Attorney for Plaintiff .0 j c-n ? -`..?? t;?` ?* rZ- V (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 CENDANT MORTGAGE CORPORATION, F/K/A CUMBERLAND COUNTY PHH MORTGAGE SERVICES CORPORATION COURT OF COMMON PLEAS 3000 LEADENHALL ROAD CIVIL DIVISION Plaintiff, NO. 06-4444 V. JOSEPH W. WHITEAKER A/K/A JOSEPH WAYNE WHITEAKER JANNE E. WHITEAKER A/K/A JANNE EULETA WHITEAKER Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on ?-? 200 By: If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, E UIRE 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." P.R.C.P.3180-3183 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION Plaintiff, No. 06-4444 V. JOSEPH W. WHITEAKER A/K/A JOSEPH WAYNE WHITEAKER JANNE E. WHITEAKER A/K/A JANNE EULETA WHITEAKER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Add'1 cost Interest from 10/4/06 to MARCH 7, 2007 (per diem -$16.66) TOTAL $3,364.00 $103,939.73 $101,374.09 ? $2,565.64 and Costs DANIEL G. SCHMIEG, ESQ RE 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. 124579 oz dZ W? WFV a zz aow F ?? WdF Oz Vol oo? H?xv H? d ? d a H? c i, z dd as 3 ? ? w w r a ? o W Z O CIA U ` ?Z H p w ?''?" a` ? N ti ti W ? fl, as w? ? ? a V 45 ?W - r ,ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the southern legal right-of-way line of Tory Circle at the northwest corner of Lot No. 21 on the hereinafter described final subdivision plan; thence along the western line of said Lot No. 21, South 03 degrees 11 minutes 12 seconds East, a distance of 87.35 feet to a point; thence continuing along the same, South 15 degrees 42 minutes 27 seconds West, a distance of 22.48 feet to a point on the northern legal right-of-way line of Tyler Lane (shown as Dutch Lane on the hereinafter described final subdivision plan); thence along the northern legal right-of-way line of Tyler Lane by a curve to the left having a radius of 160.00 feet an arc length of 29.74 feet to a point; thence along the northeastern legal right-of-way line of the intersection of Nathan Drive (shown as Deluxe Drive on the hereinafter described final subdivision plan) and Tyler Lane by a curve to the right having a radius of 15.00 feet an arc length of 21.40 feet to a point; thence along the eastern legal right-of-way line of Nathan Drive North 03 degrees 11 minutes 12 seconds West, a distance of 61.81 feet to a point; thence along the southeastern legal right-of-way line of the intersection of Nathan Drive and Tory Circle by a curve to the right of having a radius of 25.00 feet an arc length of 39.27 feet to a point; thence along the southern legal right-of-way line of Tory Circle North 86 degrees 48 minutes 48 seconds East, a distance of 24.00 feet to a point at the northeast corner of Lot No. 21 on the hereinafter described final subdivision plan, the point and place of BEGINNING. CONTAINING 4,860.90 square feet, more or less. BEING Lot No. 22, Section 2, on the final subdivision plan of Laurel Hills North Lots 3 and 4, dated June 1, 1992, revised August 5, 1992 and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Plan Book 65, Page 39. BEING improved with a dwelling known as 142 Tory Circle. SUBJECT to an easement for utility installation and maintenance which is reserved on all lots and such other easements, as may be shown in recorded documents, granted to Public Utility Companies for utility purposes. Electric service will be supplies only from the underground distribution system in accordance with then current PP&L Company Tariff provisions. UNDER AND SUBJECT, nevertheless, to restrictions, easements, setback lines and conditions as now appear of record including, but not limited to, Declaration of Covenants and Restrictions applicable to final subdivision plan for Laurel Hills North Lots Nos. 3 and 4, Section 2, Section 3, Section 4 and Section 5, East Pennsboro Township, Cumberland County, Pennsylvania, dated March 25, 1994 and recorded in the Office of the Recorder of Deeds of Cumberland County, in Miscellaneous Book 469, Page 568. TITLE TO SAID PREMISES IS VESTED IN Joseph W. Whiteaker & Janne E. Whiteaker, husband and wife BY DEED FROM Laurel Hills Development Corp. Date: 06/26/1997 Recorded: 07/01/1997 Book: 160 Page: 323 Parcel No. 09-14-0835-220 PROPERTY: 142 TORY CIRCLE ENOLA, PA 17025 0 ?F? G (? F?1So .G 3 o c OF, y WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-4444 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORP. f/k/a CENDANT MORTGAGE CORP. f/k/a PHH MORTGAGE SERVICES CORP. Plaintiff (s) From JOSEPH W. WHITEAKER a/k/a JOSEPH WAYNE WHITEAKER and JANNE E. WHITEAKER a/k/a JANNE EULETA WHITEAKER, 142 TORY CIRCLE, ENOLA PA 17025 (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 142 TORY CIRCLE, ENOLA PA 17025 (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 $101,374.09 L.L. $.50 Interest FROM 10/4/06 TO 3/7/07 @ $16.66 PER DIEM = $2,565.64 Atty's Comm % Due Prothy fl-106 Atty Paid $139.20 Other Costs $3,364.00 Plaintiff Paid Date: OCTOBER 13, 2006 (Seal) Curti . Long, Prot Cary By: Deputy REQUESTING PARTY: Name DANIEL G. SCHM,IEG, ESQ. Address: ONE PENN CENTER @ SUBURBAN STATION 1617 JFK BLVD., SUITE 1400 PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 62205 4 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION Plaintiff, V. JOSEPH W. WHITEAKER A/K/A JOSEPH WAYNE WHITEAKER JANNE E. WHITEAKER A/K/A JANNE EULETA WHITEAKER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4444 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES 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 ,142 TORY CIRCLE, ENOLA, PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOSEPH W. WHITEAKER A/K/A JOSEPH WAYNE WHITEAKER JANNE E. WHITEAKER A/K/A JANNE EULETA WHITEAKER 142 TORY CIRCLE ENOLA, PA 17025 142 TORY CIRCLE ENOLA, PA 17025 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 s 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) HOUSEHOLD REALTY CORPORATION 26 GATEWAY DRIVE GATEWAY SQUARRRE STE 107 MECHANICSBURG, PA 17056 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 142 TORY CIRCLE ENOLA, PA 17025 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 4, 2006 DATE DANIEL G. SCHMIEG, QUIRE Attorney for Plaintiff n? G-? _?2 i•i T. co 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 CORPORATION V. Plaintiff, JOSEPH W. WHITEAKER A/K/A JOSEPH WAYNE WHITEAKER JANNE E. WHITEAKER A/K/A JANNE EULETA WHITEAKER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4444 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. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff C PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION Plaintiff, V. JOSEPH W. WHITEAKER A/K/A JOSEPH WAYNE WHITEAKER JANNE E. WHITEAKER A/K/A JANNE EULETA WHITEAKER Defendant(s). CUMBERLAND COUNTY No. 06-4444 October 4, 2006 TO: JOSEPH W. WHITEAKER A/K/A JOSEPH WAYNE WHITEAKER 142 TORY CIRCLE ENOLA, PA 17025 JANNE E. WHITEAKER A/K/A JANNE EULETA WHITEAKER 142 TORY CIRCLE ENOLA, PA 17025 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA ITEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at, 142 TORY CIRCLE, ENOLA, PA 17025, 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 $101,374.09 obtained by PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered.You may also ask the Court to stop and postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. I You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the 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 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the southern legal right-of-way line of Tory Circle at the northwest corner of Lot No. 21 on the hereinafter described final subdivision plan; thence along the western line of said Lot No. 21, South 03 degrees 11 minutes 12 seconds East, a distance of 87.35 feet to a point; thence continuing along the same, South 15 degrees 42 minutes 27 seconds West, a distance of 22.48 feet to a point on the northern legal right-of-way line of Tyler Lane (shown as Dutch Lane on the hereinafter described final subdivision plan); thence along the northern legal right-of-way line of Tyler Lane by a curve to the left having a radius of 160.00 feet an arc length of 29.74 feet to a point; thence along the northeastern legal right-of-way line of the intersection of Nathan Drive (shown as Deluxe Drive on the hereinafter described final subdivision plan) and Tyler Lane by a curve to the right having a radius of 15.00 feet an arc length of 21.40 feet to a point; thence along the eastern legal right-of-way line of Nathan Drive North 03 degrees 11 minutes 12 seconds West, a distance of 61.81 feet to a point; thence along the southeastern legal right-of-way line of the intersection of Nathan Drive and Tory Circle by a curve to the right of having a radius of 25.00 feet an arc length of 39.27 feet to a point; thence along the southern legal right-of-way line of Tory Circle North 86 degrees 48 minutes 48 seconds East, a distance of 24.00 feet to a point at the northeast corner of Lot No. 21 on the hereinafter described final subdivision plan, the point and place of BEGINNING. CONTAINING 4,860.90 square feet, more or less. BEING Lot No. 22, Section 2, on the final subdivision plan of Laurel Hills North Lots 3 and 4, dated June 1, 1992, revised August 5, 1992 and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Plan Book 65, Page 39. BEING improved with a dwelling known as 142 Tory Circle. SUBJECT to an easement for utility installation and maintenance which is reserved on all lots and such other easements, as may be shown in recorded documents, granted to Public Utility Companies for utility purposes. Electric service will be supplies only from the underground distribution system in accordance with then current PP&L Company Tariff provisions. UNDER AND SUBJECT, nevertheless, to restrictions, easements, setback lines and conditions as now appear of record including, but not limited to, Declaration of Covenants and Restrictions applicable to final subdivision plan for Laurel Hills North Lots Nos. 3 and 4, Section 2, Section 3, Section 4 and Section 5, East Pennsboro Township, Cumberland County, Pennsylvania, dated March 25, 1994 and recorded in the Office of the Recorder of Deeds of Cumberland County, in Miscellaneous Book 469, Page 568. TITLE TO SAID PREMISES IS VESTED IN Joseph W. Whiteaker & Janne E. Whiteaker, husband and wife BY DEED FROM Laurel Hills Development Corp. Date: 06/26/1997 Recorded: 07/01/1997 Book: 160 Page: 323 Parcel No. 09-14-0835-220 PROPERTY: 142 TORY CIRCLE ENOLA, PA 17025 ra C: tr :? ? ?,? v ?, _, ?.- -,- -`, ti- ''. `,`} - 4n ??? ;! ?? AFFIDAVIT OF SERVICE PLAINTIFF PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION DEFENDANT(S) JOSEPH W. WHITEAKER A/K/A JOSEPH WAYNE WHITEAKER JANNE E. WHITEAKER A/K/A JANNE EULETA WHITEAKER SERVE JOSEPH W. WHITEAKER A/K/A JOSEPH WAYNE WHITEAKER AT 142 TORY CIRCLE ENOLA, PA 17025 CUMBERLAND COUNTY No. 06-4444 ACCT. #0009798174 PO ' f a4 0 t Type of Action - Notice of Sheriffs Sale Sale Date: MARCH 7, 2007 SERVED Served and made known to * Se -f k h1 W ki ?e# k91- Defendant, on the day of 0C4-O6f/`, 200_6 at 4 3? o'clock f.m., at 141 TorV C[`/Y 1 e , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. +_J[ Adult family member with whom Defendant(s) reside(s). Name and Relationship is kj I ?e Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 3S*-Ltr Height 9_15 Il Weight 1410 Race _W Sex F Other I, ",a LabE?'?.$ 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 Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and a200_(?_ N'By: hAyld T 11P4SE T LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. c,; New Jersey NOT SERVED I?'?/?'i i ^,IA E. HARRIS On te?tlt ?, 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer _ Vacant V Attempt: Time: 2nd Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of , 200 _. Notary: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 By: /OL 150 cr r tIO t s •w. AFFIDAVIT OF SERVICE " CUMBERLAND COUNTY • PLAINTIFF PHH MORTGAGE CORPORATION, F/K/A / CENDANT MORTGAGE CORPORATION, F/K/A No. 06-4444 PHH MORTGAGE SERVICES CORPORATION ACCT. #0009798174 DEFENDANT(S) JOSEPH W. WHITEAKER A/K/A JOSEPH WAYNE WHITEAKER Type of Action ANNE E. WHITEAKER A/K/A JANNE EULETA - Notice of Sheriffs Sale WHITEAKER Sale Date: MARCH 7, 2007 SERVE JANNE E. WHITEAKER A/K/A JANNE EULETA WHITEAKER AT 142 TORY CIRCLE ENOLA, PA 17025 SERVED Served and made known to -SCinrt e E. Wk;4 t kpr' Defendant, on the day of 4 e +ob'? , 2000 at y 3 Sr o' clock ?,.m., at 14-2- Tory lE , Commonwealth of Pennsylvania, in the manner described below: 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 of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 3"S' Height -S')4 11 Weight LLB Race (-J Sex F Other I, L G V t'a Q 6W4S , 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 Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn•tQ_and subscribed- be t ' /td 200 Notary• B P A A TEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. '.. 01ic State Gr yew Jersey NOT SERVED PATRICIA E. HARRIS On th LjSk)rftPWes June 1 2008 .200_,_, at o'clock; m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant V Attempt: Time: 2nd Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of , 200 Notary: Attorney for Plaintiff Daniel G. Schmieg, Esquire I.D. No. 62205 By: :?? °?-? ; _? ,.?. _ }? ;_ ?.a _ _? -' ti`}s-s. ?? 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.: 06-4444 CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION VS. JOSEPH W. WHITEAKER A/K/A JOSEPH WAYNE WHITEAKER JANNE E. WHITEAKER A/K/A JANNE EULETA WHITEAKER 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: 142 TORY CIRCLE, ENOLA, PA 17025. 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. gayjou?Ay DANIEL SCHMIEG, ESQUIRE Attorney for Plaintiff February 1, 2007 _ fe Om 00 o VIE. 0 n a8 ?? .. ?o? C z x_ a o? ? y ? ? g ?? ro Rog ? ? N ?+ 2 Ac .? X 31 1 ?a ?L a :3 uP;A2- 02 ,.. o 0 ! MAILED FltOM Z P 1 S 06 ?• ?. CDDE 191 9103 k . (JI G 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 Corporation Court of Common Pleas Plaintiff : Civil Division vs. : Cumberland County Joseph W. Whiteaker, No. 06-4444 a/k/a Joseph Wayne Whiteaker Janne E. Whiteaker, a/k/a Janne Euleta Defendants 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 3, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit «A„ 2. Judgment was entered on October 5, 2006 in the amount of $101,374.09. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property was sold at Sheriff s Sale on March 7, 2007. 5. 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 $9030.09 Interest Through 3/7/2007 12,165.47 Per Diem $20.80 Late Charges 120.52 Legal fees 2,300.00 Cost of Suit and Title 1,596.50 Sheriffs Sale Costs 0.00 Property Inspections 176.30 Appraisal/BPO 0.00 MIP/PMI 33.90 NSF 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 2,241.39 TOTAL $109,264.17 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 Defendants. 8. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on March 23, 2007 and requested the Defendants' concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and postmarked certificate of mailing is attached hereto, made part hereof, and marked as Exhibit "C". WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Date: 3 iZ4 ?0-7 ieg, , LLP r he a By: i h e r ord, 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 Corporation Court of Common Pleas Plaintiff : Civil Division VS. : Cumberland County Joseph W. Whiteaker, No. 06-4444 a/k/a Joseph Wayne Whiteaker Janne E. Whiteaker, a/k/a Janne Euleta 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 142 Tory Circle, Enola, PA 17025. 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 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. 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 § 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. Ciongoh, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to 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. III. 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 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 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 Saving Loan Association v. Street Road Shopping 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 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. 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. & chmieg, LLP DATE: 3 IZ4Iu-7 By: Phelan rNf.BradtQ1rd/,Esquire Mic ele 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 124579 PHH MORTGAGE CORPORATION, FWA CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Plaintiff V. JOSEPH W. WHITEAKER A/K/A JOSEPH WAYNE WHITEAKER JANNE E. W=EAKER A/K/A JANNE EULETA WHITEAKER 142 TORY CIRCLE ENOLA, PA 17025 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION 2 Ci L' 1* -L TERM NO. O(. - ggqy 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 l - ATTORNEY FILE COPY ueand PLEASE RETURN File #: 124579 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 124579 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Plaintiff V. JOSEPH W. WHITEAKER A/K/A JOSEPH WAYNE WHITEAKER JANNE E. WHITEAKER A/K/A JANNE EULETA WHI TEAKER 142 TORY CIRCLE ENOLA, PA 17025 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 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 File #: 124579 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 #: 124579 Plaintiff is PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: JOSEPH W. WHITEAKER A/K/A JOSEPH WAYNE WHITEAKER JANNE E. WHfTEAKER A/K/A JANNE EULETA WHI MAKER 142 TORY CIRCLE ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 06/27/1997 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAITNIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1390, Page: 935. Said mortgage was modified as set forth in the modification agreement dated 06/2/05, in Mortgage Book No. 718 , Page 307. 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 09/01/2005 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. Fite #: 124579 6. The following amounts are due on the mortgage: Principal Balance $90,630.09 Interest 7,633.60 08/01/2005 through 08/02/2006 (Per Diem $20.80) Attorney's Fees 1,250.00 Cumulative Late Charges 0.00 06/27/1997 to 08/02/2006 Cost of Suit and Title Search $ 550.00 Subtotal $ 100,063.69 Escrow Credit 0.00 Deficit 0.00 Subtotal 0.00 TOTAL $ 100,063.69 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 $ 100,063.69, together with interest from 08/02/2006 at the rate of $20.80 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 & SCHMIEG, LLP By: Is rancis S. Hallinan LA NCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 124579 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the southern legal right-of-way line of Tory Circle at the northwest corner of Lot No. 21 on the hereinafter described final subdivision plan; thence along the western line of said Lot No. 21, South 03 degrees 11 minutes 12 seconds East, a distance of 87.35 feet to a point; thence continuing along the same, South 15 degrees 42 minutes 27 seconds West, a distance of 22.48 feet to a point on the northern legal right-of-way line of Tyler Lane (shown as Dutch Lane on the hereinafter described final subdivision plan); thence along the northern legal right-of-way line of Tyler Lane by a curve to the left having a radius of 160.00 feet an arc length of 29.74 feet to a point; thence along the northeastern legal right-of-way line of the intersection of Nathan Drive (shown as Deluxe Drive on the hereinafter described final subdivision plan) and Tyler Lane by a curve to the right having a radius of 15.00 feet an arc length of 21.40 feet to a point; thence along the eastern legal right-of-way line of Nathan Drive North 03 degrees 11 minutes 12 seconds West, a distance of 61.81 feet to a point; thence along the southeastern legal right-of-way line of the intersection of Nathan Drive and Tory Circle by a curve to the right of having a radius of 25.00 feet an arc length of 39.27 feet to a point; thence along the southern legal right-of-way line of Tory Circle North 86 degrees 48 minutes 48 seconds East, a distance of 24.00 feet to a point at the northeast corner of Lot No. 21 on the hereinafter described final subdivision plan, the point and place of BEGINNING. CONTAINING 4,860.90 square feet, more or less. BEING Lot No. 22, Section 2, on the final subdivision plan of Laurel Hills North Lots 3 and 4, dated June 1, 1992, revised August 5, 1992 and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Plan Book 65, Page 39. BEING improved with a dwelling known as 142 Tory Circle. SUBJECT to an easement for utility installation and maintenance which is reserved on all lots and such other easements, as may be shown in recorded documents, granted to Public Utility Companies for utility purposes. Electric service will be supplies only from the underground distribution system in accordance with then current PP&L Company Tariff provisions. UNDER AND SUBJECT, nevertheless, to restrictions, easements, setback lines and conditions as now appear of record including, but not limited to, Declaration of Covenants and Restrictions applicable to final subdivision plan for Laurel Hills North Lots Nos. 3 and 4, Section 2, Section 3, Section 4 and Section 5, East Pennsboro Township, Cumberland County, Pennsylvania, dated March 25, 1994 and recorded in the Office of the Recorder of Deeds of Cumberland County, in Miscellaneous Book 469, Page 568 BEING THE SAME PREMISES which Laurel Hills Development Corp., a Pennsylvania corporation, by deed to be recorded simultaneously herewith in the Cumberland County Recorder of Deeds Office to grant and convey unto Joseph W. Whiteaker and Janne E. Whiteaker. PROPERTY BEING: 142 TORY CIRCLE File #: 124579 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. Z,- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: °? 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., SUITE 1400 PHILADELPHIA, PA 19103-1814 (21D 563-7000 PHH MORTGAGE CORPORATION, F/IUA CENDANT MORTGAGE CORPORATION, F/K/A CUMBERLAND COUNTY PHH MORTGAGE SERVICES CORPORATION COURT OF COMMON PLEAS 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 CIVIL DIVISION V. Plaintiff, NO. 06-4444 n o ;. CT% w JOSEPH W. WHIT EAKER A/K/A JOSEPH WAYNE WHITEAKER JANNE E. WHITEAKER A/K/A JANNE EULETA WHITEAKER 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 JOSEPH W. WHITEAKER A/K/A JOSEPH WA E WHITEAKER and JANNE E. WHITEAKER A/K/A JANNE EULETA WHITEAKER, 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 Plaintiff's damages as follows: As set forth in Complaint Interest from $/3106 to 10/4/06 TOTAL $100,063.69 $1,310.40 $101,374.09 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. r DANIEL G. SCHMIEG, ES IRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: p ws PRO PROT)E Y t"5.77 E,ooTT ? PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire March 26, 2007 Joseph W. Whiteaker Janne E. Whiteaker 142 Tory Circle Enola, PA 17025 Representing Lenders in Pennsylvania and New Jersey RE: PHH Mortgage Corporation, f/k/a Cendant Mortgage Corporation, f/k/a PHH Mortgage Services Corporation vs. Joseph W. Whiteaker, a/k/a Joseph Wayne Whiteaker and Janne E. Whiteaker, a/k/a Janne Euleta Cumberland County CCP, No. 06-4444 Dear Joseph W. Whiteaker and Janne E. Whiteaker, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within one week, by March 30, 2007. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Ve yo s, Mi ele . r f d, Esquire For Phelan Hal 'nan & Schmieg, LLP Enclosure O O a ? C W ? V C W _? [R x? U? a W ? a0A v ? cc V ZQc Z 0 L 6 L 3000 dIZ WONJ 0911VW T$ J ? $ ? •y CO O ZZ 9Z dIM 0 L08 LZb000 u o ( ? o(96 OV $ WL ZO 5 YKOH A 1NlId ?? C ? U ? f/? O m ? y ? v c ' y 0 6 E u w y euo _ w a ? N u H ? O ? O t i tp? p O q O C p a'a° OwH' .? G O w N O C O ? os a Eq ? V p .?.CC ? ?? $ OOH F 'rJ v7i H C1G V C U 0 0 O ? ? a a 4 a C J i. H l F» rv (? ? ? y a? N V u 3 c O w _ ?• ? 0 V 3 a ° 0. ?' w ?CQ i `n N o b' rr?? .. IG.? Q ti m .-r W F a4 a? w+ ? y JS Q a O 00 .? y J M 0 ON > -+ N M d n y u o u 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 unworn falsification to authorities. DATE: 7IZto 07 Phelan Hai n Sc ieg LLP By: Miche B dfor squire 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 Corporation Plaintiff vs. Joseph W. Whiteaker, a/k/a Joseph Wayne Whiteaker Janne E. Whiteaker, a/k/a Janne Euleta Defendants ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division Cumberland County : No. 06-4444 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Motion to Reassess Damages and Memorandum of Law was served upon the following individuals on the date indicated below. Joseph W. Whiteaker Janne E. Whiteaker 142 Tory Circle Enola, PA 17025 DATE: 12,?v I o 7 Attorney for tiff Office of the Sheriff Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 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 (21-5) S63-7000 PHH Mortgage Coporation f/k/a Cendant Mortgage Coporation Plaintiff VS. WHITEAKER, Joseph W. a/k/a Joseph Wayne Whiteaker Janne E Whiteaker a/k/a Jeanne Euleta Whiteaker Defendant ATTORNEY FOR PLAINTIFF Court of Common Please Civil Division : Cumberland County No. 2006-4444 EXCEPTIONS TO SHERIFF'S SALE DISTRIBUTION PURSUANT TO PA.R.C.P. RULF 3136(d) And now comes Plaintiff, PHH Mortgage Coporation f/k/a Cendant Mortgage Coporation, by and through its counsel, Phelan Hallinan & Schmieg, LLP, and prays that this Honorable Court grant Plaintiff s Exceptions to Sheriffs Sale Distribution of Proceeds for the following reasons: 1. The Plaintiff is PHH Mortgage Coporation f/k/a Cendant Mortgage Coporation, the holder of that certain Mortgage dated June 27, 1997 and recorded July 1, 1997 in Mortgage Book 1390 Page 935. 2. The underlying loan became delinquent and Plaintiff initiated foreclosure proceedings on August 3, 2006. 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 March, 7, 2007, the premises located at 142 Tory Circle, Enola, PA 17025 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" is a true and correct copy of the Praecipe for Judgment. 4. At the judicial sale, the property was struck down to a third party bidder for the amount of $113,000.00. 5. On or about April 5, 2007, in accordance with Pa.R.C.P. 3136(d), the Sheriff issued a proposed Schedule of Distribution, which distribution listed the Plaintiff as receiving $107,442.93. 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 $110,521.99, as it has expended additional sums to pay real estate taxes and other costs collectable under the Note and Mortgage relative to the mortgaged property. The Superior Court of Pennsylvania held in the case of Extraco 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 party sale proceeds even if they were not claimed in the mortgage foreclosure Complaint or included in the judgment amount. 8. Plaintiff is entitled to be paid these additional sums from distribution of the sale proceeds in this matter. The amounts due Plaintiff are as follows: Principal Balance Interest to March, 7, 2007 Escrow Late Charges Property Maintenance Corporate Advances Current Sheriff s Deposit Total $90,630.09 $12,165.47 $2,241.39 $120.52 $176.30 $3,688.22 $1,500.00 $110,521.99 WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order directing distribution to the executing Plaintiff in the amount of $110,521.99. Date: And] 1 , 2007 By: Respectfully submitted, PHELAN HALLINAN AND SCHMIEG, Mi 1b M. Bradford, Esq. Atto ev for Plaintiff 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 PHH Mortgage Coporation f/k/a Cendant Mortgage Coporation Plaintiff vs. WHITEAKER, Joseph W. a/k/a Joseph Wayne Whiteaker Janne E Whiteaker a/k/a Jeanne Euleta Whiteaker Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 2006-4444 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 August 3, 2006. By reason of Defendant's failure to answer the Complaint, default judgment was entered on October 5, 2006. Plaintiff's damages were assessed in the amount of $101,374.97 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 March, 7, 2007. The property was sold at the March, 7, 2007 Sheriff's Sale to a third party for the sum of $113,000.00. 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 April 5, 2007, in accordance with Pa.R.C.P. 3136(d), the Sheriff issued a proposed Schedule of Distribution, which proposes to pay Plaintiff $107,442.93. The Sheriff's proposed Schedule of Distribution fails to reference the proper amount to be paid to the executing Plaintiff. II. LEGAL AUTHORITY Pennsylvania Rule of Civil Procedure 3136(d) allows a parry 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 Extr co 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 Ex raco 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 E.xtr o Mortgaoe 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. Cheval v_ City 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. Gunnett 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 $110,521.99. Respectfully submitted, PHELAN HALLINAN AND SCHMIEG, Date: April 12, 2007 By: Mid#ele M. Brad d, Esq. Atto ev for Plaintiff EXHIBIT A PHELAN HALLINAN & SCEINUG, 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) 563-7030 124579 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Plaintiff V, JOSEPH W. WHRTEAKER A/K/A JOSEPH WAYNE WHTTEAKER JANNE E. WHITEAKER A/KJA JANNE EULETA W IMAKER 142 TORY CIRCLE ENOLA, PA 17025 Defendants ATTORNEY FOP, PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM No. Ot. -14q41yi0 CUMBERLAND COUNTY CIVEL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE 5-' r- u? f?} 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 lF YOU CANNOT AFFORD TO MRE 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 q J4r s i rr'OA'i? conIl}?y the ATTORNEY RLE COPY true and "CIPY 'If the PLEASE RETURN Ot record •i File #: 124579 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 #: 124579 1. Plaintiff is PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A P14H MORTGAGE SERVICES CORPORATION 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: JOSEPH W. WHITEAKER A/K/A JOSEPH WAYNE WHITEAKER JANNE E. WFHEAKER A/K/A JANNE EULETA WHTTEAKER 142 TORY CIRCLE ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 06/27/1997 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAITNIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1390, Page: 935. Said mortgage was modified as set forth in the modification agreement dated 06/2/05, in Mortgage Book No. 718, Page 307. 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 09/01/2005 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 #: 124579 6. The following amounts are due on the mortgage: Principal Balance $90,630.09 Interest 7,633.60 08/01/2005 through 08/02/2006 (Per Diem $20.80) Attorney's Fees 1,250.00 Cumulative Late Charges 0.00 06/27/1997 to 08/02/2006 Cost of Suit and Title Search $ 550.00 Subtotal $ 100,063.69 Escrow Credit 0.00 Deficit 0.00 Subtotal $ 0.00 TOTAL $ 100,063.69 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 $ 100,063.69, together with interest from 08/02/2006 at the rate of $20.80 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 & SCHMIEG, LLP . S, C ` By: A rancis S. Hallinan LA NCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 124579 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the southern legal right-of-way line of Tory Circle at the northwest corner of Lot No. 21 on the hereinafter described final subdivision plan; thence along the western line of said Lot No. 21, South 03 degrees 11 minutes 12 seconds East, a distance of 87.35 feet to a point; thence continuing along the same, South 15 degrees 42 minutes 27 seconds West, a distance of 22.48 feet to a point on the northern legal right-of-way line of Tyler Lane (shown as Dutch Lane on the hereinafter described final subdivision plan); thence along the northern legal right-of-way line of Tyler Lane by a curve to the left having a radius of 160.00 feet an arc length of 29.74 feet to a point; thence along the northeastern legal right-of-way line of the intersection of Nathan Drive (shown as Deluxe Drive on the hereinafter described final subdivision plan) and Tyler Lane by a curve to the right having a radius of 15.00 feet an arc length of 21.40 feet to a point; thence along the eastern legal right-of-way line of Nathan Drive North 03 degrees 11 minutes 12 seconds West, a distance of 61.81 feet to a point; thence along the southeastern legal right-of-way line of the intersection of Nathan Drive and Tory Circle by a curve to the right of having a radius of 25.00 feet an arc length of 39.27 feet to a point; thence along the southern legal right-of-way line of Tory Circle North 86 degrees 48 minutes 48 seconds East, a distance of 24.00 feet to a point at the northeast corner of Lot No. 21 on the hereinafter described final subdivision plan, the point and place of BEGINNING. CONTAINING 4,860.90 square feet, more or less BEING Lot No. 22, Section 2, on the final subdivision plan of Laurel Hills North Lots 3 and 4, dated June 1, 1992, revised August 5, 1992 and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Plan Book 65, Page 39. BEING improved with a dwelling known as 142 Tory Circle. SUBJECT to an easement for utility installation and maintenance which is reserved on all lots and such other easements, as may be shown in recorded documents, granted to Public Utility Companies for utility purposes. Electric service will be supplies only from the underground distribution system in accordance with then current PP&L Company Tariff provisions. UNDER AND SUBJECT, nevertheless, to restrictions, easements, setback lines and conditions as now appear of record including, but not limited to, Declaration of Covenants and Restrictions applicable to final subdivision plan for Laurel Hills North Lots Nos. 3 and 4, Section 2, Section 3, Section 4 and Section 5, East Pennsboro Township, Cumberland County, Pennsylvania, dated March 25, 1994 and recorded in the Office of the Recorder of Deeds of Cumberland County, in Miscellaneous Book 469, Page 568 BEING THE SAME PREMISES which Laurel Hills Development Corp., a Pennsylvania corporation, by deed to be recorded simultaneously herewith in the Cumberland County Recorder of Deeds Office to grant and convey unto Joseph W. Whiteaker and Janne E. Whiteaker. PROPERTY BEING: 142 TORY CIRCLE File #: 124579 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 unworn falsification to authorities. ;? / )4?, FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ' IBIT B EXH PHELAN HALLINAN & SCHMIEG, L.LP. By: DANIEL G. SCF[MIEG Identification No. 62203 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 L21Q 563-7000 PHU MORTGAGE CORPORATION, IF/K/A CENDANT MORTGAGE CORPORATION, F/K/A CUMBERLAND COUNTY PHH MORTGAGE SERVICES CORPORATION COURT OF COMMON PLEAS 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 CIVIL DIVISION Plaintiff, NO. 06-4444 n o _ Y. rCr "Cl`71 C7% n JOSEPH W. WHITEAKER A/K/A JOSEP H WAY NE WHITEAKER z `- -° JANNE E. WHITEAKER AIK/A JANNE EULETA WHITEAKER zU v w 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 JOSEPH W. WHITEAKER A/K!A JOSEPH WAYNE WHITEAKER and JANNE E. WRI TEAKER A/K/A JANNE EULETA WRITEAKER, 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 Plaintiff's damages as follows: As set forth in Complaint Interest from $/3/06 to 10/4/06 TOTAL $100,063.69 $1,310.40 $101,374.09 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, ES Attorney for Plaintiff _ DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: pIK'& 11i/s7l PRO PROTHY EXHIBIT C SCHEDULE OF DISTRIBUTION SALE NO. 25 Date Filed: April 05, 2007 Writ No. 2006-4444 Civil Term PHH Mortgage Corporation f/k/a Cendant Mortgage Corporation f/k/a PHH Mortgage Services Corporation VS Joseph W. Whiteaker a/k/a Joseph Wayne Whiteaker and Janne E. Whiteaker a/k/a Janne Euleta Whiteaker 142 Tory Circle Enola, PA 17025 Sale Date: Buyer: Bid Price: Real Debt: Interest: Attorney Cc Misc. Costs March 07, 2007 James M. Bach $113,000.00 $101,374.09 2,565.64 ,sts: 139.20 3,364.00 Total: $107,442.93 DISTRIBUTION: Receipts: Cash on account (11/01/2006): $ 1,500.00 Cash on account (03/07/2007): 11,300.00 Cash on account (03/14/2007) 106,570.42 Total Receipts: $119,370.42 Disbursements: Sheriff s Costs $3,810.91 Legal Search 200.00 Local Transfer Tax 1,205.21 State Transfer Tax 15205.21 Debbie Lupold, Tax Collector 388.33 Attorney Daniel Schmieg 15500.00 PHH Mortgage Corporation 107,442.93 Household Realty Corporation 3,617.83 Total Disbursements: ($119,370.42) Balance for distribution: 0.00 So Answers: R. Thomas Kline Sheriff 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 Sheriffs 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, PHELAN HALLINAN AND SCHMIEG, Date: April J?, 7007 By: M. Bradford, Esq. for Plaintiff YHELAN 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 Coporation f/k/a Cendant Mortgage Coporation Plaintiff vs. ATTORNEY FOR PLAINTIFF Court Of Common Pleas Civil Division Cumberland County WHITEAKER, Joseph W. a/k/a Joseph Wayne r Whiteaker Janne E Whiteaker a/k/a Jeanne Euleta Whiteaker No. 2006-4444 Defendant CERTIFICATE OF SERVICE I hereby certify a true and correct copy of the foregoing Exceptions to Sheriffs Schedule of distribution and brief were served by regular mail on: WHITEAKER, Joseph W. a/k/a Joseph Wayne Whiteaker 142 Troy Circle Enola, PA 17025 Janne E Whiteaker a/k/a Jeanne Euleta Whiteaker 142 Troy Circle Enola, PA 17025 Household Realty Corporation 26 Gateway Drive Gateway Square Suite 107 Mechanicsburg, PA 17056 Respectfully submitted, 4AN AND SCHMIEG, LLP Date: Arnrii 1 2007 By; A -J Mi h e . B ford, Esq. Att ev for P intiff 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 Corporation Court of Common Pleas Plaintiff Civil Division VS. : Cumberland County Joseph W. Whiteaker, a/Wa Joseph Wayne Whiteaker No. 06-4444 Janne E. Whiteaker, a/k/a Janne Euleta Defendants PRAECIPE TO WITHDRAW MOTION TO REASSESS DAMAGES, WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly withdraw the Motion to Reassess Damages filed on April 4, 2007, without prejudice as the Sheriff issued a Schedule of Distribution. Exceptions have been filed to the Schedule of Distribution. PHEL VALLINAN & SCHMIEG, LLP Date Michele Bradford, Esquire Attorney or Plaintiff Ln 1 PHH MORTGAGE CORPORATION f/k/a CENDANT MORTGAGE CORPORATION, Plaintiff v. JOSEPH W. WHITEAKER a/k/a JOSEPH WAYNE WHITEAKER, and JANNE E. WHITEAKER a/k/a JEANNE EULETA WHITEAKER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW : No. 06-4444 CIVIL TERM IN RE: EXCEPTIONS OF PLAINTIFF TO SHERIFF'S SALE DISTRIBUTION PURSUANT TO PA.R.C.P. RULE 3136(d) BEFORE OLER, J. ORDER OF COURT AND NOW, this 29th day of May, 2007, upon consideration of Plaintiff's Exceptions to Sheriff's Sale Distribution Pursuant to Pa. R.C.P. Rule 3136(d), a rule is hereby issued upon Defendants, and Household Realty Corporation, and the Cumberland County Sheriff's Office, to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of the date of this order. chele M. Bradford, Esq. PHELAN, HALLINAN and SCHMIEG, LLP One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102 A Attorney for Plaintiff BY THE COURT, 'Vii %lA- V.aNN3d ACNE ;??"? ?`'1?." ?_;'-+???N?'l? L Z :6 Wd OC OW LOOZ AddlQlNOrH,'Wd 31HL JO t 1 V° "seph W. Whiteaker a/k/a Joseph Wayne Whiteaker 142 Troy Circle Enola, PA 17025 Defendant ,Vf/anne E. Whiteaker a/k/a Jeanne Euleta Whiteaker 142 Troy Circle Enola, PA 17025 Defendant U, `ousehold Realty Corporation 26 Gateway Drive Gateway Square Suite 107 Mechanicburg, PA 17056 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, f/k/a Cendant Mortgage Corporation 3000 Leadenhall Road Mount Laurel, NJ 08054 Plaintiff vs. Joseph W. Whiteaker, a/k/a Joseph Wayne Whiteaker Janne E. Whiteaker a/k/a Janne Euleta Whiteaker 142 Troy Circle Enola, PA 17025 Defendant(s) Attorney for Plaintiff : Civil Division 06-4444 Civil Term MOTION TO MAKE RULE ABSOLUTE Plaintiff, by and through its Attorney, Phelan Hallinan & Schmieg, LLP hereby moves this Honorable Court to make the Rule to Show Cause issued on May 29, 2007, in the above captioned mortgage foreclosure action, absolute 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. 25 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 29, 2007, to show cause why the Order granting Plaintiffs Exceptions to Sheriff's Amended Schedule of Distribution should not be entered. 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 entry on the Court's docket on May 30, 2007. A true and correct copy of the Court's docket entry is attached hereto, made part hereof, and marked as Exhibit "B." 4) Defendants and all interested parties have failed to respond or otherwise plead to the Rule Returnable date of June 19, 2007. 5) In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Exceptions to Sheriff's Sale Distribution and Order to the Defendant on January 11, 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) and postmarked certificate of mailing is attached hereto, made part hereof, and marked as Exhibit "C." WHEREFORE, Plaintiff prays this Honorable Court make the Rule issued on May 29, 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. 25 Held on March 7, 2007. Date: Respectfully Submitted, Phelan Hallinan c LLP Michael E. Carleto , squire Attorney for Plaintiff VERIFICATION Michael E. Carleton, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of his 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: a/ 2 O? Respectfully Submitted, Phelan Hallinan & Schmie LLP Michael E. Carleton, Esquire Attorney for Plaintiff PHH MORTGAGE CORPORATION f/k/a CENDANT MORTGAGE CORPORATION, Plaintiff v. JOSEPH W. WHITEAKER a/k/a JOSEPH WAYNE WHITEAKER, and JANNE E. WHITEAKER a/k/a JEANNE EULETA WHITEAKER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW No. 06-4444 CIVIL TERM IN RE: EXCEPTIONS OF PLAINTIFF TO SHERIFF'S SALE DISTRIBUTION PURSUANT TO PA.R.C.P. RULE 3136(d) BEFORE OLER, J. ORDER OF COURT AND NOW, this 29th day of May, 2007, upon consideration of Plaintiff's Exceptions to Sheriff's Sale Distribution Pursuant to Pa. R.C.P. Rule 3136(d), a rule is hereby issued upon Defendants, and Household Realty Corporation, and the Cumberland County Sheriff s Office, to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of the date of this order. Michele ,,M. Bradford, Esq. PHE N, HALLINAN and SCHMIEG, LLP O Penn Center Plaza, Kite 1400 Philadelphia, PA 19102 Attorney for Plaintiff BY THE COURT, Joseph W. Whiteaker a/k/a Joseph Wayne Whiteaker 142 Troy Circle Enola, PA 17025 Defendant Janne E. Whiteaker a/k/a Jeanne Euleta Whiteaker 142 Troy Circle Enola, PA 17025 Defendant Household Realty Corporation 26 Gateway Drive Gateway Square Suite 107 Mechanicburg, PA 17056 `Infocon County Access Page 1 of 1 CUMBERLAND COUNTY, PA - Prothonotary Enter' La6h,6 swail : E ac K`Il d6i &M-AIDde Case No/Caption 2006-04444 PHH MORTGAGE CORPORATION (vs) WHITEAKER JOSEPH W ET AL Filed Date/Time 08/03/2006 10:34 Case Type COMPLAINT - MORT FORE Search Date Enter Date Unformatted (Ex: MMODYYYY Or 01012000) 05/30/2007 ORDER OF COURT - 03-29-07 - IN RE: EXCEPTIONS OF PLFF TO ! SALE DISTRIBUTION PURSUANT TO PA RCP RULE 3136(D) - RULI UPON DEFTS AND HOUSEHOLD REALTY CORP AND THE CUMB C( TO SHOW CAUSE WHY THE RELIEF REQUESTED SHOULD NOT BE RULE RETURNABLE WITHIN 20 DAYS OF THE DATE OF THIS ORE WESLEY OLER JR J - COPIES MAILED OS-30-07 04/19/2007 PRAECIPE TO WITHDRAW MOTION TO REASSESS DAMAGES WIT - BY MICHELE M BRADFORD ATTY FOR PLFF 04/13/2007 EXCEPTIONS TO SHFF'S SALE DISTRIBUTION PURSUANT TO PA F 3136D - BY MICHELE M BRADFORD ATTY FOR PLFF 04/04/2007 PLAINTIFF'S MOTION TO REASSESS DAMAGES - BY MICHELE M E ATTY FOR PLFF 02/02/2007 AFFIDAVIT AND RETURN OF SVC - NOTICE OF SALE - BY DANIEL ATTY FOR PLFF 11/17/2006 AFFIDAVIT OF SERVICE - NOTICE OF SHERIFF'S SALE TO JANNE WHITEAKER - BY DANIEL G SCHMIEG ATTY FOR PLFF Additional Docket Entries Exist http://www.infoconcountyaccess.com/CAPY-VOI07/PYS510D.aspx 5/31/2007 Phelan Hallinan & Schmieg, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Phone: 215-563-7000 Fax: 215-563-4491 michael.carieton@fedphe.com Michael E. Carleton, Esquire Ext. 1503 Representing Lenders in Pennsylvania & New Jersey January 15, 2008 Joseph W. Whiteaker, a/k/a Joseph Wayne Whiteaker Janne E. Whiteaker, a/k/a Janne Euleta Whiteaker 142 Troy Circle Enola, PA 17025 R. Thomas Kline Sheriff of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Household Realty Corporation 26 Gateway Drive Gateway Square, Suite 107 Mechanicsburg, PA 17056 RE: PHH Mortgage, et al. v. Joseph W. Whiteaker, et al. Cumberland County CCP Docket No. 2006-4444 Civil Term To Whom It May Concern: Enclosed, please find, regarding the above referenced matter, true and correct copies of my proposed Motion to Make Rule Absolute, proposed Order thereto, and Plaintiffs Exceptions to Sheriffs Sale Distribution filed on April 13, 2007. In accordance with Cumberland County Local Rule 208.3(9), 1 am seeking your concurrence with the requested relief in the Motion to Make Rule Absolute and proposed Order thereto, that is to make the Rule issued in the Order of Court dated May 29, 2007, absolute. Please respond within 5 days of the date of this letter. Should you have any questions, please do not hesitate to contact me. Please be guided accordingly. Very trul yours, Michael E. Carleton, Esquire Enclosures * Please be advised that this firm is a debt collector attempting to collect a debt. Any inibrmation received 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. 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, f/k/a Cendant Mortgage Corporation 3000 Leadenhall Road Mount Laurel, NJ 08054 Plaintiff vs. Joseph W. Whiteaker, a/k/a Joseph Wayne Whiteaker Janne E. Whiteaker a/k/a Janne Euleta Whiteaker 142 Troy Circle Enola, PA 17025 Defendant(s) Attorney for Plaintiff Civil Division : 06-4444 Civil Term CERTIFICATION OF SERVICE TO THE PROTHONOTARY: I hereby certify that a true and correct copy of Plaintiffs Motion to Make Rule Absolute was served by regular mail on the following on the date listed below: Joseph W. Whiteaker, a/k/a Joseph Wayne Whiteaker 142 Troy Circle Enola, PA 17025 Janne e. Whiteaker, a/k/a Janne Euleta Whiteaker 142 Troy Circle Enola, PA 17025 Household Realty Corporation 26 Gateway Drive Gateway Square, Suite 107 Mechanicsburg, PA 17056 Date: 2/Z 2/j7 Office of the Sheriff Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Respectfully Submitted, Phelan Hallinan c Michael E. Carleton, Esquire Attorney for Plaintiff r? c7 ro 3' FEB 861008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH Mortgage Corporation, f/k/a Cendant Mortgage Corporation 3000 Leadenhall Road Mount Laurel, NJ 08054 Plaintiff vs. Joseph W. Whiteaker, aWa Joseph Wayne Whiteaker Janne E. Whiteaker a/k/a Janne Euleta Whiteaker 142 Troy Circle Enola, PA 17025 Defendant(s) AND NOW this Z'7 day of Civil Division : 06-4444 Civil Term ORDER r , 2008, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED that the Rule entered upon Defendants and all interested parties on May 29, 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. 25 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 $110,521.99. N BY THE COURT: t =? N f C? Qi? cit V lZ +rru"ti? 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 James M Bach 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 13th day of Oct, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 4444, at the suit of PHH Mtg Corp against Joeph W Whiteaker aka JoseC Wame & Janne E aka Janne Euleta is duly recorded in Deed Book No. 279, Page 3069. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this I 1 day of 'A.D. AOO Recorder of Deeds My OwMssW EVIM to FW 'y of Jo. 2010 PHH Mortgage Corporation, f/k/a Cendant Mortgage Corporation f/k/a PHH Mortgage Services Corporation VS In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-4444 Civil Term Joseph W. Whiteaker a/k/a Joseph Wayne Whiteaker and Janne E. Whiteaker a/k/a Janne Euleta Whiteaker Stephen L. Bender, Deputy Sheriff, who being duly sworn according to law, states that on January 02, 2007 at 1300 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Joseph W. Whiteaker a/k/a Joseph Wayne Whiteaker and Janne E. Whiteaker a/k/a Janne Euleta Whiteaker, by making known unto Joseph Whiteaker, personally and adult in charge for Janne Whiteaker, at 142 Tory Circle, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on January 19, 2007 at 1137 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 Joseph W. Whiteaker a/k/a Joseph Wayne Whiteaker and Janne E. Whiteaker a/k/a Janne Euleta Whiteaker located at 142 Tory Circle, Enola, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly swornaccording 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: Joseph W. Whiteaker a/k/a Joseph Wayne Whiteaker and Janne E. Whiteaker a/k/a Janne Euleta Whiteaker by regular mail to their last known address of 142 Tory Circle, Enola, PA 17025. These letters were mailed under the date of January 12, 2007 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 March 07, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $113,000.00 to James M. Bach. It being the highest bid and best price received for the same, James M. Bach of 352 S. Sporting Hill Road, Mechanicsburg, PA 17050 being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $117,870.42. Sheriffs Costs: Docketing $30.00v Poundage 2,260.00 Posting Bills 15.00v Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00V Law Library .50 Prothonotary 1.00 Mileage 26.40 Certified Mail 1.40 Levy 15.00 Surcharge 30.00 , Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 683.00 593.78 16.83 25.00 40.00 ? $3,810.91 .3/) q/ M' o Answer S e? V?? R. Thomas Kline, Sheriff B Real Esta Sergeant s? C'O ck_ G2 771 R" za6 zYy p?IH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION JOSEPH W. WHITEAKER A/K/A JOSEPH NO. 06-4444 WAYNE WHITEAKER JANNE E. WHITEAKER A/K/A JANNE EULETA WHITEAKER 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 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 142 TORY CIRCLE, ENOLA, PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOSEPH W. WHITEAKER A/K/A JOSEPH WAYNE WHITEAKER JANNE E. WHITEAKER A/K/A JANNE EULETA WHITEAKER 142 TORY CIRCLE ENOLA, PA 17025 142 TORY CIRCLE ENOLA, PA 17025 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) HOUSEHOLD REALTY CORPORATION 26 GATEWAY DRIVE GATEWAY SQUARRRE STE 107 MECHANICSBURG, PA 17056 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 142 TORY CIRCLE ENOLA, PA 17025 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 4, 2006 DATE c DANIEL G. SCHMIEG, QUIRE Attorney for Plaintiff PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION Plaintiff, V. JOSEPH W. WHITEAKER A/K/A JOSEPH WAYNE WHITEAKER JANNE E. WHITEAKER A/K/A JANNE EULETA WHITEAKER Defendant(s). CUMBERLAND COUNTY No. 06-4444 October 4, 2006 TO: JOSEPH W. WHITEAKER A/K/A JOSEPH WAYNE WHITEAKER 142 TORY CIRCLE ENOLA, PA 17025 JANNE E. WHITEAKER A/K/A JANNE EULETA WHITEAKER 142 TORY CIRCLE ENOLA, PA 17025 "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 AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 142 TORY CIRCLE, ENOLA, PA 17025, 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 $101,374.09 obtained by PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered.You may also ask the Court to stop and 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 5663-7000. 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 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the southern legal right-of-way line of Tory Circle at the northwest corner of Lot No. 21 on the hereinafter described final subdivision plan; thence along the western line of said Lot No. 21, South 03 degrees 11 minutes 12 seconds East, a distance of 87.35 feet to a point; thence continuing along the same, South 15 degrees 42 minutes 27 seconds West, a distance of 22.48 feet to a point on the northern legal right-of-way line of Tyler Lane (shown as Dutch Lane on the hereinafter described final subdivision plan); thence along the northern legal right-of-way line of Tyler Lane by a curve to the left having a radius of 160.00 feet an arc length of 29.74 feet to a point; thence along the northeastern legal right-of-way line of the intersection of Nathan Drive (shown as Deluxe Drive on the hereinafter described final subdivision plan) and Tyler Lane by a curve to the right having a radius of 15.00 feet an arc length of 21.40 feet to a point; thence along the eastern legal right-of-way line of Nathan Drive North 03 degrees 11 minutes 12 seconds West, a distance of 61.81 feet to a point; thence along the southeastern legal right-of-way line of the intersection of Nathan Drive and Tory Circle by a curve to the right of having a radius of 25.00 feet an arc length of 39.27 feet to a point; thence along the southern legal right-of-way line of Tory Circle North 86 degrees 48 minutes 48 seconds East, a distance of 24.00 feet to a point at the northeast corner of Lot No. 21 on the hereinafter described final subdivision plan, the point and place of BEGINNING. CONTAINING 4,860.90 square feet, more or less. BEING Lot No. 22, Section 2, on the final subdivision plan of Laurel Hills North Lots 3 and 4, dated June 1, 1992, revised August 5, 1992 and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Plan Book 65, Page 39. BEING improved with a dwelling known as 142 Tory Circle. SUBJECT to an easement for utility installation and maintenance which is reserved on all lots and such other easements, as may be shown in recorded documents, granted to Public Utility Companies for utility purposes. Electric service will be supplies only from the underground distribution system in accordance with then current PP&L Company Tariff provisions. UNDER AND SUBJECT, nevertheless, to restrictions, easements, setback lines and conditions as now appear of record including, but not limited to, Declaration of Covenants and Restrictions applicable to final subdivision plan for Laurel Hills North Lots Nos. 3 and 4, Section 2, Section 3, Section 4 and Section 5, East Pennsboro Township, Cumberland County, Pennsylvania, dated March 25, 1994 and recorded in the Office of the Recorder of Deeds of Cumberland County, in Miscellaneous Book 469, Page 568. TITLE TO SAID PREMISES IS VESTED IN Joseph W. Whiteaker & Janne E. Whiteaker, husband and wife BY DEED FROM Laurel Hills Development Corp. Date: 06/26/1997 Recorded: 07/01/1997 Book: 160 Page: 323 Parcel No. 09-14-0835-220 PROPERTY: 142 TORY CIRCLE ENOLA, PA 17025 a ter Real Estate Sale # 25 On November 1, 2006 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Townhip, Cumberland County, PA Known and numbered as 142 Tory Circle, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 1, 2006 By:. a it Real Estate Sergeant S ? :b V L 1 .130 90OZ AMENDED SCHEDULE OF DISTRIBUTION SALE NO. 25 Date Filed: March 13, 2008 Writ No. 2006-4444 Civil Term PHH Mortgage Corporation f/k/a Cendant Mortgage Corporation f/k/a PHH Mortgage Services Corporation VS Joseph W. Whiteaker a/k/a Joseph Wayne Whiteaker and Janne E. Whiteaker a/k/a Janne Euleta Whiteaker 142 Tory Circle Enola, PA 17025 Sale Date: Buyer: Bid Price: Real Debt: Interest: Attorney Cc Misc. Costs Total: $107,442.93 DISTRIBUTION: Receipts: Cash on account (11/01/2006): Cash on account (03/07/2007): Cash on account (03/14/2007) March 07, 2007 James M. Bach $113,000.00 $101,374.09 2,565.64 sts: 139.20 3,364.00 $ 1,500.00 11,300.00 106,570.42 Total Receipts: $119,370.42 Disbursements: Sheriff s Costs $3,810.91 Legal Search 200.00 Local Transfer Tax 1,205.21 State Transfer Tax 1,205.21 Debbie Lupold, Tax Collector 388.33 Attorney Daniel Schmieg 1,500.00 PHH Mortgage Corporation 110,521.99 Household Realty Corporation 538.77 Total Disbursements: ($119,370.42) Balance for distribution: 0.00 So Answers: R. Thomas Kline Sheriff t SCHEDULE OF DISTRIBUTION SALE NO. 25 Date Filed: April 05, 2007 Writ No. 2006-4444 Civil Term PHH Mortgage Corporation f/k/a Cendant Mortgage Corporation f/k/a PHH Mortgage Services Corporation VS Joseph W. Whiteaker a/k/a Joseph Wayne Whiteaker and Janne E. Whiteaker a/k/a Janne Euleta Whiteaker 142 Tory Circle Enola, PA 17025 Sale Date: Buyer: Bid Price: Real Debt: Interest: Attorney Cc Misc. Costs Total: $107,442.93 DISTRIBUTION: March 07, 2007 James M. Bach $113,000.00 $101,374.09 2,565.64 sts: 139.20 3,364.00 Receipts: Cash on account (11/01/2006): Cash on account (03/07/2007): Cash on account (03/14/2007) Total Receipts: $ 1,500.00 11,300.00 106,570.42 $119,370.42 Disbursements: Sheriff s Costs $3,810.91 Legal Search 200.00 Local Transfer Tax 1,205.21 State Transfer Tax 1,205.21 Debbie Lupold, Tax Collector 388.33 Attorney Daniel Schmieg 1,500.00 PHH Mortgage Corporation 107,442.93 Household Realty Corporation 3,617.83 Total Disbursements: ($119,370.42) Balance for distribution: 0.00 So Answers: ???? & 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. 25 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 Laurel Hill Development Corporation by deed dated June 26, 1997 and recorded July 1, 1997, in the Office of the Recorder of Deeds in and for Cumberland County, in Carlisle, Pennsylvania, in Deed Book 160, Page 323, granted and conveyed to Joseph W. Whiteaker and Janne E. Whiteaker husband and wife. OTHER EXCEPTIONS: 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 Tory Circlet -- 4 Ty ?? L -A- 6. Rights in party wall forming a portion of the boundary line for the subject premises. 7. Mortgage in the amount of $93,168.00 given by Joseph W. Whiteaker and Janne E. Whiteaker to PHH Mortgage Services Corporation dated June 27, 1997 and recorded July 1, 1997 in Mortgage Book 1390, Page 935. Said mortgage was modified by mortgage modification agreement recorded June 2, 2065 in Miscellaneous Record Book 718, page 307. Complaint in mortgage foreclosure filed by PHH Mortgage Corporation, formerly known as Cendant Mortgage Corporation, and formerly known as PHH Mortgage Services Corporation as Plaintiff against Joseph W. Whiteaker, also known as Joseph Wayne Whiteaker and Janne E. Whiteaker, also known as Janne Euleta Whiteaker as Defendants, in the Office of the Prothonotary of Cumberland County, on August 3, 2006 to File No. 2006-4444. Judgment in the amount of $101,374.09 entered. 8. Mortgage in the amount of $35,000.00 given by Joseph W. Whiteaker and Janne E. Whiteaker to Household Realty Corporation dated January 8, 1999 and recorded January 14, 1999 in Mortgage Book 1513, Page 21. 10. Building and use restrictions as imposed by instrument recorded in Miscellaneous Record Book 469, Page 568. 11. Under and subject to an easement for utility installation and maintenance as imposed by deed recorded July 1, 1997 in Deed Book 160, Page 324. 12. Building conditions, easements and restrictions as shown on or recorded with the Final Subdivision Plan of Laurel Hills North, Lots 3 and 4, recorded in Plan Book 65, Page 39. 13. Rights granted to Sammons Communication, Inc., by instrument recorded February 11, 1988 in Miscellaneous Record Book 346, Page 110. 14. Rights granted to Sammons Communication of Pennsylvania, Inc., by instrument recorded August 10, 1992 in Miscellaneous Record Book 424, Page 688. 15. Under and subject to Declaration recorded March 18, 1993 in Miscellaneous Record Book 440, Page 63. 16. Rights granted to Sammons Communication of Pennsylvania, Inc., by instrument recorded October 6, 1993 in Miscellaneous Record Book 455, Page 1092. 17. Under and subject to Declaration recorded March 28, 1994 in Miscellaneous Record Book 469, Page 568. 18. Rights granted to Sammons Communication of Pennsylvania, Inc., by instrument recorded October 11, 1994 in Miscellaneous Record Book 483, Page 934. 19. Rights granted to Sammons Communication of Pennsylvania, Inc., by instrument recorded November 21, 1995 in Miscellaneous Record Book 508, Page 865. 20. Rights granted to Suburban Cable TV Company, Inc., by instrument recorded October 21, 1997 in Miscellaneous Record Book 560, Page 33. 21. Rights granted to Pennsylvania Power and Light Company by instrument recorded April 21, 1999 in Miscellaneous Record Book 610, Page 516. 22. Rights granted to Comcast TV Company, Inc., by instrument recorded January 6, 2003, in Miscellaneous Record Book 693, Page 802. 23. Building conditions, easements, and restrictions as shown on or recorded with the Plan for Laurel Hills North recorded in Plan Book 73, Page 65. 24. 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. 25. 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 val or finding until countersigned by an authorized signatory. REAL ESTATE SALE NO. 25 Writ No. 2006-4444 Civil PHH Mortgage Corporation, f/k/a Cendant Mortgage Corporation, f/k/a PHH Mortgage Services Corporation VS. Joseph W. Whiteaker a/k/a Joseph Wayne Whiteaker Janne E. Whiteaker a/k/a Janne Euleta Whiteaker Atty.: Daniel Schmieg ALL THAT CERTAIN piece or parcel of land situate in the Town- ship of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and de- scribed as follows, to wit: BEGINNING at a point on the southern legal right-of-way line of Tory Circle at the northwest comer of Lot No. 21 on the hereinafter described final subdivision plan; thence along the western line of said Lot No. 21, South 03 degrees 11 minutes 12 seconds East, a distance of 87.35 feet to a point; thence con- tinuing along the same, South 15 degrees 42 minutes 27 seconds West, a distance of 22.48 feet to a point on the northern legal right-of- way line of Tyler Lane (shown as Dutch Lane on the hereinafter de- scribed final subdivision plan); thence along the northern legal right-of-way line of Tyler Lane by a curve to the left having a radius of 160.00 feet an arc length of 29.74 feet to a point; thence along the northeastern legal right-of-way line of the intersection of Nathan Drive (shown as Deluxe Drive on the here- inafter described final subdivision plan) and Tyler Lane by a curve to the right having a radius of 15.00 feet an arc length of 21.40 feet to a point; thence along the eastern le- gal right-of-way line of Nathan Drive North 03 degrees 11 minutes 12 seconds West, a distance of 61.81 feet to a point; thence along the southeastern legal right-of-way line of the intersection of Nathan Drive and Tory Circle by a curve to the right of having a radius of 25.00 feet an arc length of 39.27 feet to a point; thence along the southern legal right-of-way line of Tory Circle North 86 degrees 48 minutes 48 seconds East, a distance of 24.00 feet to a point at the northeast cor- ner of Lot No. 21 on the hereinafter described final subdivision plan, the point and place of BEGINNING. CONTAINING 4.860.90 square feet, more or less. BEING Lot No. 22, Section 2, on the final subdivision plan of Laurel Hills North Lots 3 and 4, dated June 1, 1992, revised August 5, 1992 and recorded in the office of the Recorder of Deeds of Cumberland County, Pennsylvania in Plan Book 65, Page 39. BEING improved with a dwelling known as 142 Tory Circle. SUBJECT to an easement for utility installation and maintenance which is reserved on all lots and such other easements, as may be shown in recorded documents, granted to Public Utility Companies for utility purposes. Electric service will be supplies only from the un- derground distribution system in accordance with then current PP&L Company Tariff provisions. UNDER AND SUBJECT, never- theless, to restrictions, easements, setback lines and conditions as now appear of record including, but not limited to, Declaration of Covenants and Restrictions applicable to final subdivision plan for Laurel Hills North Lots Nos. 3 and 4. Section 2, Section 3, Section 4 and Section 5, East Pennsboro Township, Cumber- land County, Pennsylvania, dated March 25, 1994 and recorded in the Office of the Recorder of Deeds of Cumberland County, in Miscella- neous Book 469, Page 568. TITLE TO SAID PREMISES IS VESTED IN Joseph W. Whiteaker & Janne E. Whiteaker, husband and wife BY DEED FROM Laurel Hills Development Corp. Date: 06/26/ 1997 Recorded: 07/01 / 1997 Book: 160 Page: 323 Parcel No. 09-14-0835-220. PROPERTY: 142 TORY CIRCLE, ENOLA, PA 17025. 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. t' REAL ESTATE BALE NO. $6 Writ No. 2006-4444 Civil PHH Mortgage Corporation, f/k/a Cendant Mortgage Corporation, f/k/a PHH Mortgage Services Corporation VS. Joseph W. Whiteaker a/k/a Joseph Wayne Whiteaker Janne E. Whiteaker a/k/a Janne Euleta Whiteaker Atty.: Daniel Schmieg ALL THAT CERTAIN piece or parcel of land situate in the Town- ship__of East Pennsboro, County of SWORN TO AND SUBSCRIBED before me this 9 day of Februar, 2007 NOTARIAL SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2009 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 COPY SALE#25 tits, - - -a -W vs mmm ................... ?eo-re . Sworn to and s s 4id me this 26th day of Fe COMMONWEALTI- ...................... )ruarv 2007 A.D Notarial Terry . Russell, of Public City Of arrisbur , phin County dv Cn mission es June 6, 2010 NO ]?ARY PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE I CARLISLE, PA. 17013 [. MW pi m ar p?cd of irrd j ??: ?t a the