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HomeMy WebLinkAbout06-4476PHELAN 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 138386 PIER MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Plaintiff V. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM A' NO. Q(o ` I' 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 #: 138386 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 N: 138386 I . Plaintiff is PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: ROBERT C. TOWNSLEY DAWN M. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 12/19/2000 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ALLFIRST BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No: 1660, Page: 408. By Assignment of Mortgage recorded 04/12/2005 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 667, Page 369. 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 04101/2006 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 #: 138386 6. The following amounts are due on the mortgage: Principal Balance $111,261.21 Interest 3,736.20 03/01/2006 through 08/03/2006 (Per Diem $23.95) Attorney's Fees 1,250.00 Cumulative Late Charges 502.47 12/19/2000 to 08/03/2006 Cost of Suit and Title Search 550.00 Subtotal $ 117,299.88 Escrow Credit 0.00 Deficit 825.76 Subtotal 825.76 TOTAL $ 118,125.64 8. 9. 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. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 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 $ 118,125.64, together with interest from 08/03/2006 at the rate of $23.95 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. By: /s/Francis S. H lllna L RENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAI?H LINAN & SC14MIE LLP File N: 138386 LEGAL DESCRIPTION ALL the following described real estate lying and being situate in Southampton Township, Cumberland County, Pennsylvania, bounded and limited as follows: BEGINNING in Legislative Route 21047 being also known as Middle Spring Road, at a point 120.05 feet northwest of the northwesterly corner of lands now or formerly of Elmer M. Ott, said point also being the northeasterly corner of Lot No. 5 of the hereinafter referred to subdivision; thence along the southerly line of Lot No. 5, South 57 degrees 33 minutes 00 seconds West, 202.54 feet to a point along lands now or formerly of David Blank; thence along lands now or formerly of Blank, North 32 degrees 27 minutes 00 seconds West, 240 feet to a point being the northwest corner of Lot No. 4; thence North 57 degrees 33 minutes 00 seconds East, 206.61 feet along lands now or formerly of David Blank to a point in Legislative Route 21047; thence in Legislative Route 21047, South 31 degrees 28 minutes 35 seconds East, 240.04 feet to the place of beginning. CONTAINING 1.127 acres. BEING designated as Lot Nos. 4 and 5 on subdivision plan entitled'Middle Spring Subdivision', prepared by Martin and Martin, Inc. dated July, 1979 and recorded in Cumberland County, Pa., Plan Book 37, Page 108. EXCEPTING and reserving'Parcel A' as shown on subdivision plan recorded in Cumberland County, Pa., Plan Book 64, Page 118. BEING the same which Marvin B. Sensenig and Lydia M. Sensenig, his wife by deed dated and intended to be recorded prior hereto, granted and conveyed to Robert C. Townsley, Mortgagor herein. PROPERTY BEING: 28 MIDDLE SPRING ROAD NO: 138396 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. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: O 4 u1 v?`? 1 r N SHERIFF'S RETURN - REGULAR I CASE NO: 2006-04476 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS TOWNSHLEY ROBERT C ET AL JASON VIORAL SHIPPENSBURG, PA 17257 Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE DAWN TOWNSLEY, WIFE TOWNSLEY ROBERT C the DEFENDANT , at 1523:00 HOURS, on the 7th day of August , 2006 at 28 MIDDLE SPRING ROAD Sheriff or Deputy Sheriff of was served upon by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.0 Service 17.660 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 45.60./ 08/08/2006 4/26.14 i PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: before me this day D u y Sheriff of , A.D. SHERIFF'S RETURN - REGULAR t '(!ASE NO: 2006-04476 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS TOWNSHLEY ROBERT C ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon TnWnTCT,RY nAWNT M the DEFENDANT , at 1523:00 HOURS, on the at 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257 DAWN TOWNSLEY 7th day of August , 2006 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 sr&-, Affidavit 00 1 Surcharge 10.00 R. Thomas Kline .00 16.00 08/08/2006 C1 'f/aS)p(,PHELAN HALLINAN SCHMIEG Sworn and Subscibed to P By: before me this day D t Sheriff of A.D. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff, V. No. 06-4476 ROBERT C. TOWNSLEY DAWN M. TOWNSLEY Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 9/18/06 to 3/7/07 (per diem -$19.60) $119,227.34 $3,332.00 and Costs TOTAL $122,559.34 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. ?z z ?a wH H z 00 wW a p? C U W p? U x ?? xw a V aU cn ?., uit' i - W (? = ii"t"t ,_a ? at v v ` Z LLJ :.1 W V i- CIO Ll- O rya ? U Q Q 0 Q Ui t- t- tn kn N N r1 ri Q wa C7 G7 xa mm UO V) zz ww as aw as zz as as AA N N vi U cd o, h (-X Pe WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-4476 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, Plaintiff (s) From ROBERT C. TOWNSLEY AND DAWN M. TOWNSLEY (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $119,227.34 L.L. $.50 Interest FROM 9/18/06 TO 3/7/07 (PER DIEM - $19.60) -- $3,332.00 AND COSTS Atty's Comm % Atty Paid $143.60 Plaintiff Paid Date: SEPTEMBER 26, 2006 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Due Prothy $1.00 Other Costs C s R. Long, o o ary By: Deputy Telephone: 215-563-7000 Supreme Court ID No. 62205 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 Plaintiff, V. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4476 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, ESQUI Attorney for Plaintiff r- ? p ? ? ?'r " ? T ? ?? ?_ ? ro ., , .?,, }. t?-, :. ? ?. ? ?? : I ; ? - r r. ?, >? ? 'M1 ? ? ? ? . -r C.r% PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff, V. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4476 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,28 MIDDLE SPRING ROAD, SHIPPENSBURG, PA 17257. 1. Name and address of Owner(s) or reputed Owner(s): Name ROBERT C. TOWNSLEY DAWN M. TOWNSLEY Last Known Address (if address cannot be reasonably ascertained, please indicate) 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257 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. Member 18, 2006 a/y" J ?` ?yy; QQ DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff e-? c17 '"? f'- ?, . ? . Q1 Cliff C?,.,S „ _J , - .? - ? :`? ?.^ ?"-a C..11 -G .? Cw PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff, V. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY Defendant(s). CUMBERLAND COUNTY No. 06-4476 September 18, 2006 TO: ROBERT C. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257 DAWN M. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257 "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 TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 28 MIDDLE SPRING ROAD, SHIPPENSBURG, PA 17257, is scheduled to be sold at the Sheriff s 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 $119,227.34 obtained by PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL the following described real estate lying and being situate in Southampton Township, Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING in Legislative Route LR 21047 being also known as Middle Spring Road, at a point 120.05 feet northwest of the northwesterly corner of lands now or formerly of Elmer M. Ott, said point also being the northeasterly corner of Lot 5 of the hereinafter referred to subdivision; thence along the southerly line of Lot 5, South 57 degrees 33 minutes 00 seconds West 202.54 feet to a point along lands of David Blank; thence along lands now or formerly of David Blank, North 32 degrees 27 minutes 00 seconds West, 240 feet to a point being the Northwest corner of Lot 4; thence North 57 degrees 33 minutes 00 seconds East, 206.61 feet along lands now or formerly of David Blank to a point in Legislative Route LR 21047; thence in Legislative Route 21047, South 31 degrees 28 minutes 35 seconds East 240.04 feet to the place of BEGINNING. CONTAINING 1.127 acres and being Lots #4 & 5 of a subdivision plan entitled, 'Middle Spring Subdivision', prepared by Martin and Martin Incorporated, and dated July, 1979, revised December 20, 1979, and February 12, 1980, as recorded in the Cumberland County Deed Book Volume 37 page 108. Excepting and reserving 'Parcel A' as shown on subdivision plan recorded in Plan Book 64 Page 118. BEING the same premises conveyed by Benuel F. Blank and Anna May Blank, husband and wife, by deed dated October 23, 1996, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book'147', Page 1039, unto Marvin B. Sensenig and Lydia M. Sensenig, husband and wife, the Grantors herein. PARCEL IDENTIFICATION NO: 39-30-2574-020 PREMISES BEING: 28 MIDDLE SPRING ROAD, SHIPPENSBURG, PA 17257 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Robert C. Townsley and Dawn M. Townsley, husband and wife, by Deed from Marvin B. Sensenig and Lydia M. Sensenig, husband and wife, dated 12/19/2000, recorded 12/28/2000, in Deed Book 236, page 896. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Marvin B. Sensenig and Lydia M. Sensenig, husband and wife, by Deed from Benuel F. Blank and Anna Mary Blank, husband and wife, dated 10/23/1996, recorded 10/24/1996, in Deed Book 147, page 1039. C"? C n, Fr, r _ Cn r W AW AFFIDAVIT OF SERVICE PLAINTIFF PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION DEFENDANT(S) ROBERT C. TOWNSLEY DAWN M. TOWNSLEY SERVE: ROBERT C. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257 CUMBERLAND COUNTY LLD No. 06-4476 14S3gC' ACCT. #0013786603 Type of Action - Notice of Sheriffs Sale Sale Date: MARCH 7, 2007 D t SERVED ll Served and made known to 1 t56 Qr } t . 70L•/ /!S Defendant, on the l St day of 0001 , 204, at o'clock Tm., at Z Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is v?1 t ?2 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: Desc EL41'4- Age HeightS17" Weight Race ?[ Sex F Other I, I Glo V'4".S , 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 r day 200,(p By: ?C 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. On the Moved I't Attempt: NOT SERVED 200_, at o'clock _.m., Defendant NOT FOUND because: Unknown No Answer / i Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of , 200-. Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 Vacant 2nd Attempt: / / Time: ?/a // ;?I- _: i ZP AFFIDAVIT OF SERVICE PLAINTIFF PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION DEFENDANT(S) ROBERT C. TOWNSLEY DAWN M. TOWNSLEY SERVE: DAWN M. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257 CUMBERLAND COUNTY LLD No. 06-4476 ACCT. #0013786603 C# EJ?3g`? Type of Action - Notice of Sheriffs Sale Sale Date: MARCH 7, 2007 SERVED J? Served and made known to o Qu1n /?• (OwyIS?PYDefendant, on the s? day of ?C l"D 6 e/- , 2004, at . SQ , o'clockp.m., at ea M' 44 I s ?A' A9 1? 4. Commonwealth of Pennsylvania, in the manner described below: V --Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place 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: Agey?-To Height r- I7 V% Weight /60 Race W Sex F Other 1, bcuj-4 Vo 6 t,^i--S , 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. to and subscribed be m ?A, ' j Sr day 200 ota A4? T SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE `` ATTEMPTED. C '.' NOT SERVED On the day of 200. at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1s` Attempt: Time: 2nd Attempt: Time: 3rd Attempt: I I Time: Sworn to and subscribed before me this day of 1200-. Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire I.D. No. 62205 Q, G ? y N?r V 1 PHH Mortgage Corporation, f/k/a In the Court of Common Pleas of Cendant Mortgage Corporation Cumberland County, Pennsylvania VS Writ No. 2006-4476 Civil Term Robert C. Townsley and Dawn M. Townsley Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on November 29, 2006 at 2028 hours, she 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: Robert C. Townsley and Dawn M. Townsley by making known unto Dawn M. Townsley personally and wife of Robert C. Townsley, at 28 Middle Spring Road, Shippensburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of instruction from Attorney Daniel Schmieg. Sheriff s Costs: Docketing 30.00 Poundage 3.23 Posting Handbills 15.00 Advertising 15.00 Law Library .50 Prothonotary 1.00 Certified Mail 3.09 Mileage 35.20 Levy 15.00 Surcharge 30.00 Share of Bills 16.83 $ 164.85 ? ,e2 bi b 3 So Answers: R. Thomas Kline, Sheriff BY V n? Real Estate rgeant D #6 16S ? i WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-4476 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, Plaintiff (s) From ROBERT C. TOWNSLEY AND DAWN M. TOWNSLEY (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $119,227.34 L.L. $.50 Interest FROM 9/18/06 TO 3/7/07 (PER DIEM - $19.60) -- $3,332.00 AND COSTS Atty's Comm % Atty Paid $143.60 Due Prothy $1.00 Other Costs Plaintiff Paid Date: SEPTEMBER 26, 2006 (Seal) Curtis R. Long, Proth By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 lut'AlaS aju g Iua2I S 90OZ `I £ jagolap :ajuQ uiazatl paltuodzoaui aauwajai sigl Xg put, 1i.im sigl ql!m paIU Iigi a uo pagi.zasap XIIn3 azow `S.ingsuaddiuS `uudS alppiW 8Z s-e pazagwnu pu-e umou}I L Vd `XlunoD puvIiagumD `digsumo,L uold-LuuglnoS ui poluM!s f4jadoid Iuaj aql ui Isanjui s juvpuajap aLIj uodn painat JjilauS aul 90OZ `I £ iagola0 u0 ZO # OILS 01VIsg ILION 9E `01 V L? d3S 9COl PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff, , v. No. 06-4476 ROBERT C. TOWNSLEY , DAWN M. TOWNSLEY Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from (per diem -$19.60) Add'1 Costs TOTAL $119,227.34 $10,466.40 and Costs $4,468.50 $134,162.24 ??- la. flANIEL G. SCHMIEG, ES(?(JIRE 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. 138386 t- n n n as as zz ? ww a o° wa zz w? o? No No a ?? ,, ?, OO o as ;(TD t 00 ?o,A DWG a' N(4 z ? v rag 0 -?G 9 c _ a? ?rn D 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, FWA CENDANT MORTGAGE CORPORATION Plaintiff, V. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4476 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 0 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. 1 1 ANIEL . SCHMIEG, ESQUFRE Attorney for Plaintiff rv mss- ? co r ' ? V ? 1 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff, V. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4476 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,28 MIDDLE SPRING ROAD, SHIPPENSBURG, PA 17257. 1. Name and address of Owner(s) or reputed Owner(s): Name ROBERT C. TOWNSLEY DAWN M. TOWNSLEY Last Known Address (if address cannot be reasonably ascertained, please indicate) 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. November 27, 2007 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff C:S (D C--:) Id f PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff, V. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY Defendant(s). TO: ROBERT C. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257 November 27, 2007 CUMBERLAND COUNTY No. 06-4476 DAWN M. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OF A LIENAGAINST PROPERTY" Your house (real estate) at, 28 MIDDLE SPRING ROAD, SHIPPENSBURG, PA 17257, is scheduled to be sold at the Sheriffs Sale on MARCH 5, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $119,227.34 obtained by PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 0 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 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 r LEGAL DESCRIPTION ALL the following described real estate lying and being situate in Southampton Township, Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING in Legislative Route LR 21047 being also known as Middle Spring Road, at a point 120.05 feet northwest of the northwesterly corner of lands now or formerly of Elmer M. Ott, said point also being the northeasterly corner of Lot 5 of the hereinafter referred to subdivision; thence along the southerly line of Lot 5, South 57 degrees 33 minutes 00 seconds West 202.54 feet to a point along lands of David Blank; thence along lands now or formerly of David Blank, North 32 degrees 27 minutes 00 seconds West, 240 feet to a point being the Northwest corner of Lot 4; thence North 57 degrees 33 minutes 00 seconds East, 206.61 feet along lands now or formerly of David Blank to a point in Legislative Route LR 21047; thence in Legislative Route 21047, South 31 degrees 28 minutes 35 seconds East 240.04 feet to the place of BEGINNING. CONTAINING 1.127 acres and being Lots #4 & 5 of a subdivision plan entitled, 'Middle Spring Subdivision', prepared by Martin and Martin Incorporated, and dated July, 1979, revised December 20, 1979, and February 12, 1980, as recorded in the Cumberland County Deed Book Volume 37 page 108. Excepting and reserving 'Parcel A' as shown on subdivision plan recorded in Plan Book 64 Page 118. BEING the same premises conveyed by Benuel F. Blank and Anna May Blank, husband and wife, by deed dated October 23, 1996, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book'147', Page 1039, unto Marvin B. Sensenig and Lydia M. Sensenig, husband and wife, the Grantors herein. PARCEL IDENTIFICATION NO: 39-30-2574-020 PREMISES BEING: 28 MIDDLE SPRING ROAD, SHIPPENSBURG, PA 17257 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Robert C. Townley and Dawn M. Townsley, husband and wife, by Deed from Marvin B. Sensenig and Lydia M. Sensenig, husband and wife, dated 12/19/2000, recorded 12/28/2000, in Deed-Book 236, page 896. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Marvin B. Sensenig and Lydia M. Sensenig, husband and wife, by Deed from Benue] F. Blank and Anna Mary Blank, husband and wife, dated 10/23/1996, recorded 10/24/1996, in Deed Book 147, page 1039. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-4476 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION f/k/a CENDANT MORTGAGE CORPORATION, Plaintiff (s) From ROBERT C. TOWNSLEY & DAWN M. TOWNSLEY (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $119,227.34 L.L.$ 0.50 Interest (per diem - $19.60) -- $10,466.40 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $329.95 Other Costs $4,468.50 Plaintiff Paid Date: 11/28/07 ELA? All a-,? - Proth notary (Seal) By; Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-896-7000 Supreme Court ID No. 62205 AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINT4FF PHH MORTGAGE CORPORATION, F/K/A / CENDANT MORTGAGE CORPORATION No. 06-4476 DEFENDANT(S) ROBERT C. TOWNSLEY ACCT. #138386 DAWN M. TOWNSLEY Type of Action SERVE DAWN M. TOWNSLEY AT - Notice of Sheriffs Sale 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257 Sale Date: MARCH 5, 2008 SERVED 44* Served and made known to bAVJIJ n, t rl • _rDwN'5L F4 , Defendant, on the day of IT4NV w-y 200 at ?jc o'clock ?.m., at ?g /J/) I bDL f- ,j PRMj b I2ul{ 1? / ?l?l Q?F,F1rj? . Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. I}tJ? Adult family member with whom Defendant(s) reside(s). Name and Relationship is Rogsw_T 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: AgeQ Height ?M Weight50 Race W Sex M Other I, ti 1' AO-CA A O u- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and su s ribed before me this day g of 2008. Notary: / By: I?JI PLEASE A EMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE THEODORE J. HARRIS ATTEMPTED. NOTARY PUBLIC NOT SERVED STATE OF NEW JER99Y n? S 1012996 , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1" Attempt: Time: 2nd Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of , 200_ One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 ri_,.' ::; -_, ?,1 ' 11,.x:. i ,-• ??:_? _': ?(. fi?'x.,'e,r ?: ? ?1:F7 °? jj? is ? i ? `. ? J. ,. ?i'rt5,i1lS',U? :?'-?'4+'z? x+C}rr..e314N??^ . r AFFIDAVIT OF SERVICE PLAINTIFF PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION DEFENDANT(S) ROBERT C. TOWNSLEY DAWN M. TOWNSLEY SERVE ROBERT C. TOWNSLEY AT 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257 CUMBERLAND COUNTY No. 06-4476 ACCT. #138386 Type of Action - Notice of Sheriffs Sale Sale Date: MARCH 5, 2008 SERVED Served and made known to "rOwN11,9 j Defendant, on the "T day of lk# d/?A-?, 200 , at % 17 , o'clock t.m., at 21 Aboix > Pit iW6 RAs, Slk1 PPEi15 BU RQ 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 - Height Weighty SD Race VJ Sex M Other I, T?tlit/4L D /40 w- , 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 subscribed before me this-9-day of f .20O R No By: w? ICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOTARY PUBLIC NOT SERVED STATE OF NEW JERSEY 8S*N ES 10i"A"1Z mil , 200_, at o'clock .m., Defendant NOT FOUND because: Moved Unknown No Answer 1St Attempt: Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of 200_. Notary: Vacant 2'd Attempt: / f Time: Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 ??b ..? f _.d e. (5 of % .. ' I. AV 1 SALE DATE: MARCH 5, 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE No.: 06-4476 CORPORATION VS. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY 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: 28 MIDDLE SPRING ROAD, SHIPPENSBURG, PA 17257. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff Date: January 29, 2008 138386 . PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff, V. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4476 AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,28 MIDDLE SPRING ROAD, SHIPPENSBURG, PA 17257. 1. Name and address of Owner(s) or reputed Owner(s): Name ROBERT C. TOWNSLEY DAWN M. TOWNSLEY Last Known Address (if address cannot be reasonably ascertained, please indicate) 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CUMBERLAND-FRANKLIN JOINT MUNICIPAL AUTHORITY CUMBERLAND-FRANKLIN JOINT MUNICIPAL AUTHORITY 725 MUNICIPAL DRIVE SHIPPENSBURG, PA 17257 C/O RICHARD KOCH, ESQ. 28 SOUTH PITT STREET CARLISLE, PA 17013 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 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257 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. January 29, 2008 DATE DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff U A w N p DD J A w N CD 3 a? D », r y ? C! ID Z C c X ° ? b d o W R ° ` b Gd R c ? o z Y d ?-J Oq w n n o 00 '? ? ro LP) 9t CMD 0 ° a g cr GG r- kA CD CD 0 trn p ? N?. v?? ? ? z '' O CD ? ? 00 fn 0 ? l 9 (D < ? to ro a h c (D t 00 C7 a O. b P? 00 (IQ r-- z x , .et xg ro n c c a. C O a: 0 H °o _ b m (D b G En H C W 00 Vl N V ag°" 000 J (?D W J ~] b W o N z ° o 2 2 tl? 'z7 00 --?n yd j=i 0 a ? g z p ?c?D Y ?o ' ' O N O gm Se ? o? Crg O d J Q o ? ? ? ? H O y? N EE S p N R ? ? N ... ? • 1.I1 :H r ? n a baba 5• < v' r b G CD I17 CC S ^ D 7n ?o a a C =3 1: ® NMEV ROW a 9 1° `. 02 1M $02.1 a g P ti 0004218010 DEC 12 ; o ? MAILED FROM ZIP CODE 1 S n ? g e c 0 > A fD d y ? cD ?. CD t" 'C3 bx? 000 nab to c b ? o O 10° 2007 )103 w . H ? Cn A W N .-• p ? 00 J O? t/i A W N ? r am d z C c a to zo 7d tnn ?n z S. 3 y. °, C7 R 0 C7 C7 ? M b ?„ n WO O a ro C) H a a C °° x x w °° a W ? N ? N g ? C O. Ow o y y m C ?y V tTj n S? 7 C A o ? ^ w . trl n' N 00 "d O Z .??. ?9 'a' t7l ATNEY BOVy 16 o. g 02 1M 0004218010 J MAILED FROM ZIP A N 29 2 CO DE 19 T I ; g? i , tie aeon li.s.s 1 ?? sb 0 0 p ? A y ? "'1 d co tri b N w ZA Ot~0 ?- c1 a A too ? o r r v "Vil C? C Q ' ? ?,; ri . 17 PHH Mortgage Corporation f/k/a Cendant In the Court of Common Pleas of Mortgage Corporation Cumberland County, Pennsylvania VS Writ No. 2006-4476 Civil Term Robert C. Townsley and Dawn M. Townsley Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on December 5, 2007 at 1830 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within names defendants, to wit: Robert C. Townsley and Dawn M. Townsley, by making known unto Dawn Townsley, personally and adult in charge for Robert C. Townsley at 28 Middle Spring Road, Shippensburg, Cumberland County, Pennsylvania and its contents and at the same time handing to her personally the said true and correct copies of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 10, 2008 at 1119 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 Robert C. Townsley and Dawn M. Townsley located at 28 Middle Spring Road, Shippensburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Robert C. Townsley and Dawn M. Townsley by regular mail to their last known address of 28 Middle Spring Road, Shippensburg, PA 17257. These letters were mailed under the date of January 08, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriffs Costs: Docketing 30.00 Poundage 22.96 Advertising 15.00 Posting Handbills 15.00 Mileage 38.40 Levy 15.00 Surcharge 30.00 Law Library .50 Prothonotary 2.00 Law Journal 515.00 Patriot News 470.96 Share of Bills 16.17 $1,170.99 3?a?Ib? ??--- So Answers: R. Thomas Kline, Sheriff i B© c A Real Estate Se geant ck- G a 01.4 ? PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION ROBERT C. TOWNSLEY DAWN M. TOWNSLEY NO. 06-4476 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 28 MIDDLE SPRING ROAD, SHIPPENSBURG, PA 17257 1. Name and address of Owner(s) or reputed Owner(s): Name ROBERT C. TOWNSLEY DAWN M. TOWNSLEY Last Known Address (if address cannot be reasonably ascertained, please indicate) 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257 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 t, 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. November 27, 2007 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff, V. ROBERT C. TOWNSLEY DAWN M. TOWNSLEY Defendant(s). CUMBERLAND COUNTY No. 06-4476 November 27, 2007 TO: ROBERT C. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257 DAWN M. TOWNSLEY 28 MIDDLE SPRING ROAD SHIPPENSBURG, PA 17257 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY." Your house (real estate) at, 28 MIDDLE SPRING ROAD, SHIPPENSBURG, PA 17257, is scheduled to be sold at the Sheriffs Sale on MARCH 5, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $119,227.34 obtained by PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL the following described real estate lying and being situate in Southampton Township, Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING in Legislative Route LR 21047 being also known as Middle Spring Road, at a point 120.05 feet northwest of the northwesterly comer of lands now or formerly of Elmer M. Ott, said point also being the northeasterly corner of Lot 5 of the hereinafter referred to subdivision; thence along the southerly line of Lot 5, South 57 degrees 33 minutes 00 seconds West 202.54 feet to a point along lands of David Blank; thence along lands now or formerly of David Blank, North 32 degrees 27 minutes 00 seconds West, 240 feet to a point being the Northwest comer of Lot 4; thence North 57 degrees 33 minutes 00 seconds East, 206.61 feet along lands now or formerly of David Blank to a point in Legislative Route LR 21047; thence in Legislative Route 21047, South 31 degrees 28 minutes 35 seconds East 240.04 feet to the place of BEGINNING. CONTAINING 1. 127 acres and being Lots #4 & 5 of a subdivision plan entitled, 'Middle Spring Subdivision', prepared by Martin and Martin Incorporated, and dated July, 1979, revised December 20, 1979, and February 12, 1980, as recorded in the Cumberland County Deed Book Volume 37 page 108. Excepting and reserving'Parcel A' as shown on subdivision plan recorded in Plan Book 64 Page 118. BEING the same premises conveyed by Benuel F. Blank and Anna May Blank, husband and wife, by deed dated October 23, 1996, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book'147', Page 1039, unto Marvin B. Sensenig and Lydia M. Sensenig, husband and wife, the Grantors herein. PARCEL IDENTIFICATION NO: 39-30-2574-020 PREMISES BEING: 28 MIDDLE SPRING ROAD, SHIPPENSBURG, PA 17257 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Robert C. Townsley and Dawn M. Townsley, husband and wife, by Deed from Marvin B. Sensenig and Lydia M. Sensenig, husband and wife, dated 12/19/2000, recorded 12/28/2000, in Deed-Book 236, page 896. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Marvin B. Sensenig and Lydia M. Sensenig, husband and wife, by Deed from Benuel F. Blank and Anna Mary Blank, husband and wife, dated 10/23/1996, recorded 10/24/1996, in Deed Book 147, page 1039. WRIT OF EXECUTION and/or ATTACHMENT COMMON'A"EALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-4476 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION f/k/a CENDANT MORTGAGE CORPORATION, Plaintiff (s) From ROBERT C. TOWNSLEY & DAWN M. TOWNSLEY (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $119,227.34 L.L.$ 0.50 Interest (per diem - $19.60) -- $10,466.40 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $329.95 Other Costs $4,468.50 Plaintiff Paid Date: 11/28/07 Nailab-k Proth notary (Seal) By: i Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-896-7000 Supreme Court ID No. 62205 Real Estate Sale 465 On November 29, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Southampton Township, Cumberland County, PA Known and numbered as 28 Middle Spring Road, Shippensburg, more fully described on Exhibit "A" C:Gii) U:a filed with this writ and by this reference incorporated herein. Date: November 29, 2007 By: ,?,j ©&? C%r Real Estate Sergeant PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 25, February 1 and February 8, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie Coyne, SWORN`TO AND SUBSCRIBED before me this 8 day of February, 2008 Notary F TARIAL SEAL RAH A COLLINS tary Public , CUMBERLAND COUNTY n Expires Apr 28, 2010 REAL ESTATE SALE NO. 65 Writ No. 2006-4476 Civil PHH Mortgage Corporation f/k/a Cendant Mortgage Corporation VS. Robert C. Townsley and Dawn M. Townsley Atty.: Daniel Schmieg DESCRIPTION ALL the following described real estate lying and being situate in Southampton Township, Cumber- land County, Pennsylvania, more particularly described as follows: BEGINNING in Legislative Route LR 21047 being also known as Middle Spring Road, at a point 120.05 feet northwest of the northwesterly comer of lands now or formerly of Elmer M. Ott, said point also being the northeasterly corner of Lot 5 of the hereinafter referred to subdivision; thence along the southerly line of Lot 5, South 57 degrees 33 minutes 00 seconds West 202.54 feet to a point along lands of David Blank; thence along lands now or fortmedy of David Blank, North 32 degrees 27 minutes 00 seconds West, 240 feet to a point being the Northwest corner of Lot 4; thence North 57 degrees 33 minutes 00 seconds East, 206.61 feet along lands now or formerly of David Blank to a point in Legislative Route LR 21047; thence in Legislative Route 21047, South 31 degrees 28 minutes 35 seconds East 240.04 feet to the place of BEGINNING. CONTAINING 1.127 acres and being Lots #4 & 5 of a subdivision plan entitled, `Middle Spring Subdivi- sion', prepared by Martin and Martin Incorporated, and dated July, 1979, revised December 20, 1979, and February 12, 1980, as recorded in the Cumberland County Deed Book Volume 37 page 108. Excepting and reserving `Parcel A' as shown on subdivision plan re- corded in Plan Book 64 Page 116. BEING the same premises con- veyed by Benuel F. Blank and Anna May Blank, husband and wife, by deed dated October 23, 1996, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book `147', Page 1039, unto Marvin B. Sensenig and Lydia M. Sensenig, husband and wife, the Grantors herein. PARCEL IDENTIFICATION NO: 39-30-2574-020. PREMISES BEING: 28 MIDDLE SPRING ROAD, SHIPPENSBURG, PA 17257, RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Robert C. Townsley and Dawn M. Townsley, husband and wife, by Deed from Marvin B. Sensenig and Lydia M. Sensenig, husband and wife, dated 12/19/2000, recorded 12/28/2000, in Deed Book 236, page 896. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Marvin B. Sensenig and Lydia M. Sensenig, husband and wife, by Deed from Benuel F. Blank and Anna Mary Blank, husband and wife, dated 10/23/19%, recorded 10/24/1996, in Deed Book 147, page 1039. e Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 t4fPatriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss 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 on the date(s) indicated below. 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 This ad ran on the date(s) shown below: 01/30/08 02/06/08 02/13/08 Sworn to td +Su scribed before?ne?tf"iis 2 ldpy of February, 2008 A.D. Notary COMMONWEALTH OF PENNSYLVANIA Notarial SnI Sherrie L Kisner, Notary Public CitY Of Herrist?urg, ^,P;phin County MV Comet Wor •' p ,n s Nov. 26, 2011 Member, Pennsylvania Association of Notaries B0t Ma C" UM MAo#E A?Ma??#lrr? bsedMrtil' glion Rab(trt C. TOWMWOY and Dom AL= I i1N?R1N AU the Now" described and a sm lying mad tieing dbu to is Soatb? Township, cimbaland Cotoy, Pesasylvama, mm p rk daily descdW as Mm: *WWNM in Itgislative Roue I.R 21047 being also lnanwm as WAk 9pW Rand, at a point: 12D.05 faatnorthvt W of dr nac rdy tatnet'of Ian& mw of formerly of Ekrec M. F111. said poins' also being the nalt wWfly at= of Lot 5 of the bmmafta referred to :thee atisag the sootily be of Sook57 delm 83 amiaWODiscoads d M0 Wfed to a point t df David Mink, themx *% Imm*'sow 9i 0aw ly of .-FJidrid Bhrk, North 32 dunes 27 minutes 00 %$4 ?All to a the !!! 57 paw is LeginYtioe Rouse IB 2W; ft" a I.e Wnlive Ronne 21047, South 31 *gm 28 minutes 35 seconds East MX feet tithe piece of BBGRO 1G. CO1 M 1.127 am and being Lots tM4 & 5 of a subdivision plea ca ftd, INGMe Sp*g Sub&vWm', p vpww by mmitin mud Nadia Ind, and dined Jdly, 1974, maid DaxmbEt 2Q 1474, and February 12, 1480, as neo*W m.dw Cmbaiaad County Deed book Vok me 37 page 108. Esaptmg and rewving `Patrol A' as shows on subs plan mcoek dim Plas Book 64 Page 118. BEM the same psi aanveyed by Benuel F? B1aak and Anom May Whoa:, WW=d and wife, by decd 4*d Odobw 23, Ift W moombd to the Office of rise bcomder of Deeds Cambalend County, Aemeglraaia m Deed Book '14T, hp 1039, u movin B. SOOMW Ad Lydia M. Sesadag, b%WW mod wife, tkQ113wrs hewn. F%RCEL I1MFI+i'1'B+ICA7F1)bl mQ, 3ogo.2574. 020 FREbUSES BEING: 28 MIDDLE SPRING ROAD, El, PA 17257 RECODOWM MU TO SAID PREMISES IS V$5'CF}3 IN Robes C. Tmasicy and Dawn M. Towasky, hr WW rod wife, by Dad foam Marvin B. Srew and 4*4 hL Smmg, habsed and w e, dated 12n9f,dOOQ remded 12IA3QQ0, in Deed DO& 236, PW 8%. FOM D® WKW*aM TME 1O SA 6 is mw m IA1 Mavis B. Semeeig nd I*in M. Sausmig, had*M ad wife, by Deed host 1leited i? Mork and Anew May Bbtmk bobaad and wife; deaed:1023 "6, :worded 18W"% m Dbcd Book 147, page 1039.