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HomeMy WebLinkAbout06-5900PHELAN 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 141638 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. SALLY L. KARNS 1105 PRIM ROSE AVENUE CAMP HILL, PA 17011 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Q/-e, - SO%?P ?%(,u r 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 #: 141638 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 #: 141638 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: SALLY L. KARNS 1105 PRIM ROSE AVENUE CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 06/09/1997 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1386, Page: 1048. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2006 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 #: 141638 6. The following amounts are due on the mortgage: Principal Balance $46,404.18 Interest 1,205.88 05/01/2006 through 10/03/2006 (Per Diem $7.73) Attorney's Fees 1,250.00 Cumulative Late Charges 51.68 06/09/1997 to 10/03/2006 Cost of Suit and Title Search $ 550.00 Subtotal $ 49,461.74 Escrow Credit 0.00 Deficit 258.33 Subtotal $ 258.33 TOTAL $ 49,720.07 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. The mortgage premises are vacant and abandoned. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 49,720.07, together with interest from 10/03/2006 at the rate of $7.73 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 141638 LEGAL DESCRIPTION ALL that certain tract or parcel of land with the improvements thereon erected, situate in the First Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the Southerly line of East Penn Street, which point is 152 feet East of the Southeasterly line of Bedford and East Penn Street; thence along the Southerly line of East Penn Street, South 70 degrees 0 minutes East, 14.5 feet to a point; thence South 20 degrees 0 minutes West, 118 feet to a point on the Northerly line of a 12 foot wide public alley; thence along same, North 70 degrees 0 minutes West, 14.5 feet to a point; thence North 20 degrees 0 minutes East 118.0 feet to a point, the Place of BEGINNING. HAVING thereon erected a frame dwelling house known as and numbered 118 East Penn Street. BEING the same premises which Wanda K. Showers, Jesse L. Showers, Donald P. Showers, Jr., Scott Showers and Timothy L. Shoff, Administrators of the Estate of Donald P. Showers, by their Deed dated July 8, 1993 and recorded August 10, 1993 in the Office of the Recorder of Deeds of Cumberland County in Deed Book 'L', Volume 36, Page 629, granted and conveyed unto Eric N. Hench, single man. Jean D. Hench joins in the conveyance to transfer any interest she may have in said property by virtue of her marriage to Eric N. Hench, Grantor herein. PROPERTY ADDRESS BEING : 118 EAST PENN STREET CARLISLE, PA 17013 File #: 141638 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. 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. DATE: / a 4? 4)/)JW-'- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff (rs L? Yf ?i Pte,; K 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. 06-5900 CIVIL V. SALLY L. KARNS 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 SALLY L. KARNS, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 10/4/06 to 11/28/06 TOTAL $49,720.07 $432.88 $50,152.95 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. )Ima? d Lck") DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: AI X ..a? 1 20 0 6 PRO `FROTHY ..... 141638 (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. 06-5900 CIVIL V. SALLY L. KARNS Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on ClArJU ?D 200 By: If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQUIRE 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." PHELAN HALLINAN & SCHMIEG, LLP - By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallman, 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. 06-5900-CIVIL SALLY L. KARNS Defendants TO: SALLY L. KARNS 1105 PRIM ROSE AVENUE CAMP HILL, PA 17011 DATE OF NOTICE: NOVEMBER 16, 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 F NCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., 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 CIVIL DIVISION Plaintiff, NO. 06-5900 CIVIL V. SALLY L. KARNS Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant SALLY L. KARNS is over 18 years of age and resides at, 1105 PRIM ROSE AVENUE, CAMP HILL, PA 17011. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. AAUQ? ti. & , rv,A i* ft 1;) DANIEL G. SCHMIEG, ESQUIRE6 Attorney for Plaintiff Z?? ? S.Q -r-) ? , w ? - mac, C? a C ? ?? is ! o F ?= Co CJ a -v ? r -C PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION Plaintiff, No. 06-5900 CIVIL V. SALLY L. KARNS Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 11/28/06 to 3/7/07 (per diem -$8.24) $50,152.95 $815.76 and Costs TOTAL $50,968.71 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 t-ife 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. 141638 d d n ?ToaW am p0C? awowo O O d E?-W? v ? 0 Ov 0a a 40 0d H W U y r CD LU N 7 0 H U w? O? W W o V a V ? ~ M M? l"'? w a v ~ ti t 14 Ul .-t 0 r d a a w 0 a 4 d J V 4 . x N M )JI ?e 4 J WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-5900 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 CORP[ORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION, Plaintiff (s) From SALLY L. KARNS (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 $50,152.95 L.L. $.50 Interest FROM 11/28/06 TO 3/7/07 (PER DIEM - $8.24) -- $815.76 AND COSTS Atty's Comm % Atty Paid $146.84 Plaintiff Paid Due Prothy $1.00 Other Costs Date: NOVEMBER 29, 2006 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Curtis,, . Long, Pro„ By: Deputy .. PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A CUMBERLAND COUNTY PHH MORTGAGE SERVICES CORPORATION Plaintiff, V. SALLY L. KARNS Defendant(s). COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-5900 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) 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 ,118 EAST PENN STREET, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SALLY L. KARNS 1105 PRIM ROSE AVENUE CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name 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 Y r 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) COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR, STRAWBERRY SQUARE BUREAU OF INDIVIDUAL TAX DEPT. 280601 INHERITANCE TAX DIVISION HARRISBURG, PA 17128 ATTN: JOHN MURPHY INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM PO BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 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 118 EAST PENN STREET CARLISLE, PA 17013 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. November 28, 2006 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff --w. .,..y F [T? -i co .r.? PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, FIK/A PHH MORTGAGE SERVICES CORPORATION Plaintiff, V. SALLY L. KARNS Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-5900 CIVIL 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. /02? d. ?CLnn? DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff c? y rnP C_ 6 1 w ?t ? -?G LEGAL DESCRIPTION ALL that certain tract or parcel of land with the improvements thereon erected, situate in the First Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the Southerly line of East Penn Street, which point is 152 feet East of the Southeasterly line of Bedford and East Penn Street; thence along the Southerly line of East Penn Street, South 70 degrees 0 minutes East, 14.5 feet to a point; thence South 20 degrees 0 minutes West, 118 feet to a point on the Northerly line of a 12 foot wide public alley; thence along same, North 70 degrees 0 minutes West, 14.5 feet to a point; thence North 20 degrees 0 minutes East 118.0 feet to a point, the Place of BEGINNING. HAVING thereon erected a frame dwelling house known as and numbered 118 East Penn Street BEING the same premises which Wanda K. Showers, Jesse L. Showers, Donald P. Showers, Jr., Scott Showers and Timothy L. Shoff, Administrators of the Estate of Donald P. Showers, by their Deed dated July 8, 1993 and recorded August 10, 1993 in the Office of the Recorder of Deeds of Cumberland County in Deed Book'L', Volume 36, Page 629, granted and conveyed unto Eric N. Hench, single man. Jean D. Hench joins in the conveyance to transfer any interest she may have in said property by virtue of her marriage to Eric N. Hench, Grantor herein. PARCEL IDENTIFICATION NO: 02-21-0318-060 CONTROL #: 02000447 PREMISES BEING: 118 EAST PENN STREET, CARLISLE, PA 17013 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Sally L. Karns, single woman, by Deed from Eric N. Hench, married man, dated 06/09/1997, recorded 06/09/1997, in Deed Book 159, page 152. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Eric N. Hench, single man, by Deed from Wanda K. Showers and Jesse L. Showers and Donald P. Showers, Jr. and Scott Showers and Timothy L. Shoff, Administrators of the Estate of Donald P. Showers, dated 07/08/1993, recorded 08/10/1993, in Deed Book L-36, page 629. PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION Plaintiff, V. SALLY L. KARNS Defendant(s). CUMBERLAND COUNTY No. 06-5900 CIVIL November 28, 2006 TO: SALLY L. KARNS 1105 PRIM ROSE AVENUE CAMP HILL, PA 17011 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at, 118 EAST PENN STREET, CARLISLE, PA 17013, 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 $50,152.95 obtained by PHH MORTGAGE CORPORATION, F/K/A CENDA_NT 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: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL that certain tract or parcel of land with the improvements thereon erected, situate in the First Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the Southerly line of East Penn Street, which point is 152 feet East of the Southeasterly line of Bedford and East Penn Street; thence along the Southerly line of East Penn Street, South 70 degrees 0 minutes East, 14.5 feet to a point; thence South 20 degrees 0 minutes West, 118 feet to a point on the Northerly line of a 12 foot wide public alley; thence along same, North 70 degrees 0 minutes West, 14.5 feet to a point; thence North 20 degrees 0 minutes East 118.0 feet to a point, the Place of BEGINNING. HAVING thereon erected a frame dwelling house known as and numbered 118 East Penn Street BEING the same premises which Wanda K. Showers, Jesse L. Showers, Donald P. Showers, Jr., Scott Showers and Timothy L. Shoff, Administrators of the Estate of Donald P. Showers, by their Deed dated July 8, 1993 and recorded August 10, 1993 in the Office of the Recorder of Deeds of Cumberland County in Deed Book'L', Volume 36, Page 629, granted and conveyed unto Eric N. Hench, single man. Jean D. Hench joins in the conveyance to transfer any interest she may have in said property by virtue of her marriage to Eric N. Hench, Grantor herein. PARCEL IDENTIFICATION NO: 02-21-0318-060 CONTROL #: 02000447 PREMISES BEING: 118 EAST PENN STREET, CARLISLE, PA 17013 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Sally L. Karns, single woman, by Deed from Eric N. Hench, married man, dated 06/09/1997, recorded 06/09/1997, in Deed Book 159, page 152. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Eric N. Hench, single man, by Deed from Wanda K. Showers and Jesse L. Showers and Donald P. Showers, Jr. and Scott Showers and Timothy L. Shoff, Administrators of the Estate of Donald P. Showers, dated 07/08/1993, recorded 08/10/1993, in Deed Book L-36, page 629. CZFI r - o c } SHERIFF'S RETURN - REGULAR CASE NO: 2006-05900 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS KARNS SALLY L RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KARNS SALLY L the DEFENDANT , at 2052:00 HOURS, on the 23rd day of October , 2006 at 1105 PRIM ROSE AVENUE CAMP HILL, PA 17011 by handing to TAMMY KARNS, ADULT IN CHARGE 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 18.00 '-%%,L?? Service 11.44 Affidavit .00 a Surcharge 10.00 R. Thomas Kline .00 39.44,/ 10/27/2006 iIII? IVL /Z PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: before me this day Deputy Sheriff of A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-05900 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS KARNS SALLY L R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT KARNS SALLY L but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT 118 EAST PENN STREET CARLISLE, PA 17013 118 E PENN ST IS VACANT AND PADLOCKED. Sheriff's Costs: So answer t;, Docketing 6.00 Service 4.40 Not Found 5.00 R. Tho as Kline Surcharge 10.00 Sheriff of Cumberland County .00 25.40,, PHELAN HALLINAN SCHMIEG l,?rnAC, 9 10/27/2006 Sworn and Subscribed to before me this _ day of , KARNS SALLY L A. D. AFFIDAVIT OF SERVICE PLAIN PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K!A PHH MORTGAGE SERVICES CORPORATION DEFENDANT(S) SALLY L. KARNS SERVE: SALLY L. KARNS CUMBERLAND COUNTY LLD No. 06-5900 CIVIL ACCT. #0009690447 Type of Action HS# I?' ??$ - Notice of Sheriff's Sale 1105 PRIM ROSE AVENUE Sale Date: MARCH 7, 2007 CAMP HILL, PA 17011 SERVED Served and made known to Sit 1 1 Y L q f A S , Defendant, on the day of ecco-A ,200& at S": IQr , o'clock .m., at 16S' 9?F ^^ Q4te 4ae- 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 41I=W Height e9' Weight I q9' Race LI Sex F Other (46 el'+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 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 'n" 1u ?• By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED State of New Jersey On the PATRICIA KRIS , 200 , at o'clock in., Defendant NOT FOUND because: Commission ires June -'f8;"1U08 - Moved Unknown No Answer Vacant 1St Attempt: Time: 2°d Attempt: 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 ")-9 J? rnm 90 fV ? 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.: 06-5900 CIVIL CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION VS. SALLY L. KARNS 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: 118 EAST PENN STREET, CARLISLE, PA 17013. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL SCHMIEG, ESQUIRE Attorney for Plaintiff March 6, 2007 ^11 a lA A W t3 .~- p ?O 00 J C1 U ? W N ? C" ?• W Z C ? z - ?r---11 o d r x? .C '? 0 o q o NN N ?jt7 < M •d C z v[ (? y O C: w Sol a d? a a a°d ? N? O S O ? O V Y '" ro oo N or W .tali Dam ?a3 ?m =; a roP- ?,aN a ? w Q A n S ? 02 IM $ 8 0004218010 NpY 79 0019' • MMtr-D FROM ZpCODE 1$103 rfir I A- ?i . ? ? ??, t ? ? 1 w+ '`?1 r ? r 1 ,fir,, ? ? _ ? } i ?. ^'°'3 __ f ? .= ( ?- ? . . -` ?,,,. PHELAN HALLINAN AND SCHMIEG, LLP By: MICHELE M. BRADFORD, ESQ. Atty. I.D. No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF PHH Mortgage Corporation COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff Cumberland County VS. Karns, L. Sally No. 2006-5900 Defendant EXCEPTIONS TO SHERIFF'S SALF, DISTRIBUTION PURSUANT TO PA.R.C.P. RUI,F 3136(4) And now comes Plaintiff, PHH Mortgage Corporation , by and through its counsel, Phelan Hallinan & Schmieg, LLP, and prays that this Honorable Court grant Plaintiff's Exceptions to Sheriff's Sale Distribution of Proceeds for the following reasons: 1. The Plaintiff is PHH Mortgage Corporation , the holder of that certain Mortgage dated 6/9/1997 and recorded 6/9/1997 in Mortgage Book 1386 Page 1048. 2. The underlying loan became delinquent and Plaintiff initiated foreclosure proceedings on 10/9/2006. 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 3/7/2007, the premises located at 118 East Penn Street, Carlisle, PA 17013 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 $56,100.00. 5. On or about 4/5/07, in accordance with Pa.R.C.P. 3136(d), the Sheriff issued a proposed Schedule of Distribution, which distribution listed the Plaintiff as receiving $52,615.57. 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 $54,850.24, 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 3/7/2007 Escrow Advances Corporate Advances Late Charges Other Fees Current Sheriff s Deposit Total $54,850.24 WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order directing distribution to the executing Plaintiff in the amount of $54,850.24. RespectfulkL submitted, PHELA SCHMIEG, LLP Date: Aril 12, 2007 By: Mi le M. B dford, Esq. Attorney for Plaintiff $46,404.18 $2,793.26 $351.88 $3,648.89 $51.68 $100.35 1,500.00 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) 563-7000 PHH Mortgage Corporation vs. KARNS, L. Sally Plaintiff Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County No. 2006-5900 BRIEF IN SUPPORT OF PLAINTIFF'S EXCEPTIONS TO DISTRIBUTION 1. FACTUAI. BACKGROUND The instant action was commenced by the filing of a Complaint in mortgage foreclosure on 10/9/2006. By reason of Defendant's failure to answer the Complaint, default judgment was entered on 11/29/2006. Plaintiff s damages were assessed in the amount of $50,152.95 at the time of the entry of judgment. Plaintiff also caused a Writ of Execution to be issued and listed the mortgaged property for Sheriff's Sale on 3/7/2007. The property was sold at the 3/7/2007 Sheriff's Sale to a third party for the sum of $56,100.00. Since the time of the filing of the Complaint and judgment, Plaintiff has expended additional sums in order to pay real estate taxes, and hazard insurance premiums relative to the mortgage property, as well as other monies collectable under the Note and Mortgage. On or about 4/5/07, in accordance with Pa.R.C.P. 3136(d), the Sheriff issued a proposed Schedule of Distribution, which proposes to pay Plaintiff $52,615.57. 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 party to file Exceptions to the Sheriff's proposed Schedule of Distribution within ten days. In the instant case, Plaintiff filed timely exceptions. The Superior Court of Pennsylvania held in the case of Fxtraco Mortgage v_ Williams; 2002 Pa. Super. 246, 805 A.2d 543 (Pa. Super. 2002), that payments for taxes and insurance, and through implication, other costs collectable under the Note and Mortgage, made by a senior lienholder following the entry of default judgment on its Mortgage relate back to the date of mortgage for the priority. In the instant matter, Plaintiff has expended additional sums, including taxes and insurance premiums, relative to the mortgaged property to protect its collateral. In accordance with the holding in Extraco Mortgage v. Williams, these amounts are recoverable upon the distribution of sale proceeds and take priority over any amounts owed to junior lienholders or defendants. 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 Philadelnhia, 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 $54,850.24. Respectfully submitted, RA AN AND SCHMIEG, LLP Date: April 1 ., 2007 By: Esq. Attorney for Plaintiff HZBIT ? E? PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 141638 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. SALLY L. KARNS 1105 PRIM ROSE AVENUE CAMP HILL, PA 17011 Defendant 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 #: 141638 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 #: 141638 I . 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: SALLY L. KARNS 1105 PRIM ROSE AVENUE CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 06/09/1997 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1386, Page: 1048. 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 06/01/2006 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 #: 141638 6. The following amounts are due on the mortgage: Principal Balance $46,404.18 Interest 1,205.88 05/01/2006 through 10/03/2006 (Per Diem $7.73) Attorney's Fees 1,250.00 Cumulative Late Charges 51.68 06/09/1997 to 10/03/2006 Cost of Suit and Title Search $ 550.00 Subtotal $ 49,461.74 Escrow Credit 0.00 Deficit 258.33 Subtotal 258.33 TOTAL $ 49,720.07 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. The mortgage premises are vacant and abandoned. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 49,720.07, together with interest from 10/03/2006 at the rate of $7.73 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 141638 LEGAL DESCRIPTION ALL that certain tract or parcel of land with the improvements thereon erected, situate in the First Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the Southerly line of East Penn Street, which point is 152 feet East of the Southeasterly line of Bedford and East Penn Street; thence along the Southerly line of East Penn Street, South 70 degrees 0 minutes East, 14.5 feet to a point; thence South 20 degrees 0 minutes West, 118 feet to a point on the Northerly line of a 12 foot wide public alley; thence along same, North 70 degrees 0 minutes West, 14.5 feet to a point; thence North 20 degrees 0 minutes East 118.0 feet to a point, the Place of BEGINNING. Street. HAVING thereon erected a frame dwelling house known as and numbered 118 East Penn BEING the same premises which Wanda K. Showers, Jesse L. Showers, Donald P. Showers, Jr., Scott Showers and Timothy L. Shoff, Administrators of the Estate of Donald P. Showers, by their Deed dated July 8, 1993 and recorded August 10, 1993 in the Office of the Recorder of Deeds of Cumberland County in Deed Book 'L', Volume 36, Page 629, granted and conveyed unto Eric N. Hench, single man. Jean D. Hench joins in the conveyance to transfer any interest she may have in said property by virtue of her marriage to Eric N. Hench, Grantor herein. PROPERTY ADDRESS BEING 118 EAST PENN STREET CARLISLE, PA 17013 File #: 141638 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. 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. DATE: 161) /,,?r& FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff xZBIT 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 (215) 563-7000 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-5900 CIVIL V. SALLY L. KARNS 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 SALLY L. KARNS, 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 10/4/06 to 11/28/06 TOTAL $49,720.07 $432.88 $50,152.95 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, ESQU Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY 141638 (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, FWA CUMBERLAND COUNTY PHH MORTGAGE SERVICES CORPORATION COURT OF COMMON PLEAS 3000 LEADENHALL ROAD . CIVIL DIVISION Plaintiff, NO. 06-5900 CIVIL V. SALLY L. KARNS . Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 . By: DEPUTY If you have any questions concerning this matter, please contact: 0 0 DANIEL G. SCHMIEG, ESQUIRE 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.** PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hailinan, 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 Vs. SALLY L. KARNS Defendants TO: SALLY L. KARNS 1105 PRIM ROSE AVENUE CAMP HILL, PA 17011 DATE OF NOTICE: NOVEMBER 16, 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 e F NCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff CUMBERLAND COUNTY : NO. 06-5900-CIVIL 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 ATTORNEY FOR PLAINTIFF 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. 06-5900 CIVIL V. SALLY L. KARNS Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant SALLY L. KARNS is over 18 years of age and resides at, 1105 PRIM ROSE AVENUE, CAMP HILL, PA 17011. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff HIED EX SCHEDULE OF DISTRIBUTION SALE NO. 61 Date Filed: April 05, 2007 Writ No. 2006-5900 Civil Term PHH Mortgage Corporation f/k/a Cendant Mortgage Corporation f/k/a PHH Mortgage Services Corporation VS Sally L. Karns 118 East Penn Street Carlisle, PA 17013 Sale Date: Buyer: Bid Price: Real Debt: Interest: Attorney C Total: $51,115.57 DISTRIBUTION: March 07, 2007 James L. Adams $56,100.00 $50,152.95 815.76 osts: 146.86 Receipts: Cash on account (12/01/2006): Cash on account (03/07/2007): Cash on account (03/23/2007) Total Receipts: $ 1,500.00 5,610.00 53,134.40 $60,244.40 Disbursements: Sheriff s Costs $2,294.92 Legal Search 200.00 Local Transfer Tax 661.20 State Transfer Tax 661.20 John O`Neill, Tax Collector 299.84 Carlisle Borough 30.26 Attorney Daniel Schmieg 15500.00 PHH Mortgage Corporation 51,115.57 Sally Karns 3,481.41 Total Disbursements: ($60,244.40) 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 Sheriff's Sale Distribution Pursuant to Pa.R.C.P., 3136(d) is true and correct to the best of my knowledge, information and belief. I am aware that this verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Respectfully submitted, AN AND SCHMIEG, LLP Date: April 1?, 2007 By; Mic M. Brad ord, Esq. Atto ey for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP BY: MICHELE M. BRADFORD, ESQUIRE Identification No. 69849 One Penn Center At Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (.15) 561-7000 PHH Mortgage Corporation Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION : Cumberland County vs. Karns, L. Sally : No. 2006-5900 Defendant I hereby certify a true and correct copy of the foregoing Exceptions to Sheriff's Sale was served by regular mail on: KARNS, L. Sally 118 East Penn Street Carlisle, PA 17013 DOMESTIC RELATIONS OF CUMBERLAND COUNTY 13 North Hanover Street Carlisle, PA 17013 COMMONWEALTH, OF PA DEPT OF WELFARE P.O. BOX 2675 Harrisburg, PA 17105 INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER 13th Floor, Suite 1300, 1000 Liberty Avenue Pittsburgh, PA 15222 COMMONWEALTH, OF PA DEPT OF BUREAU OF INDIVIDUAL TAX, INHERITANCE TAX DIVISION ATTN: JOHN MURPHY 6TH Floor Strawberry Square Dept 280601, Harrisburg, PA 17128 DEPT OF PUBLIC WELFARE, TPL CASUALTY UNIT, ESTATE RECOVERY PROGRAM, P.O. BOX 8486 Willow Oak Building Harrisburg, PA 17105-8486 Respectfully submitted, PHEL SCHMIEG, LLP Date: Anril 12, 007 By: 7(MrA Ais e e rad or sq. Attorn for Plaintiff s A PHH MORTGAGE CORP., THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. KARNS, L. SALLY, NO. 2006 - 5900 CIVIL TERM Defendant ORDER OF COURT AND NOW, this 5!H day of JUNE, 2007, a hearing on Plaintiff's Exceptions to Sheriff's Sale Distribution is scheduled for FRIDAY, JUNE 29, 2007, at 9:00 a.m. in Courtroom # 3 of the Cumberland County Courthouse, Carlisle, Pa. Edward E. Guido, J. r ichele M. Bradford, Esquire One Penn Center Plaza, Suite 1400 Phila., Pa. 19102-1799 ally Karns v O ommonwealth of Pennsylvania Dept. of Welfare J/ept. of Public Welfare, TPL Casualty Unit, Estate Recovery Program eau of Individual Tax Inheritance Tax Division John Murphy OZternal Revenue Service J Sheriff PY``?{?? ??yb roz --Z PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 PHH Mortgage Corporation, F/K/A Cendant Mortgage Corporation, F/K/A PHH Mortgage ATTORNEY FOR PLAINTIFF Court of Common Pleas Services Corporation Civil Division Plaintiff Cumberland County VS. Sally L. Karns Defendant No. 06-5900 Civil CERTIFICATE OF SERVICE I hereby certify that true and correct copies of the June 5, 2007 Order of Court scheduling a hearing on Plaintiff's Exceptions to Sheriffs Sale Distribution and the Exceptions to Distribution were served upon the Defendant via first class mail on the date indicated below. Sally L. Karns 1105 Prim Rose Avenue Camp Hill, PA 17011 ?, 1141h+ Date M 'ch . B d d, Esquire Attorn for P aintiff Co c r; L a i " IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH Mortgage Corporation Plaintiff VS. Karns, L. Sally Defendant G A ORDER AND NOW, this C ` day of CIVIL DIVISION No. 2006-5900 MAY 842001 y 2007, upon consideration of Plaintiff's Exceptions to Sheriff's Sale Distribution Pursuant to Pa.R.C.P. 3136(d), it is hereby: ORDERED and DECREED that said Exceptions are granted and that the Sheriff is hereby directed to issue a revised Schedule of Distribution providing for the balance of the proceeds realized from the sale be paid first for the taxes and costs as outlined in the proposed Schedule of Distribution, then distribute the sum of $54,850.24 to the executing Plaintiff by and through its attorney, Phelan, Hallinan and Schmi , LLP. .`}"?/ J. C,1 :01 WV 6Z NAP LOOZ AUVI f NIC'' ' c.-r d 33Hi jQ " r Michele M. Bradford, Esquire Phelan, Hallinan & Schmieg, LLP Sally L. Karns Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service i Cumberland County DRO Commonwealth of Pennsylvania Bureau of Individual Tax, Inheritance Tax Division Department of Public Welfare, TPL Casualty Unit, Estate Recovery srs COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: 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 L & Teresa M Adams 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 29th day of Nov, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 5900, at the suit of PHH Mtg Corp against Sally L Karns is duly recorded in Deed Book No. 279, Page 3073. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this /Z day of A.D. ao cv of Deeds ROOMW 01 My CWWWw ?" to Fm µwAay of JWL 2MO PHH Mortgage Corporation, f/k/a Cendant In the Court of Common Pleas of Mortgage Corporation, f/k/a PHH Mortgage Cumberland County, Pennsylvania Services Corporation Writ No. 2006-5900 Civil Term VS Sally L. Karns Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 13, 2006 at 1755 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Sally L. Karns, by making known unto Tammy Karns, adult daughter of Sally L. Karns, at 1105 Prim Rose Ave., Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on January 17, 2007 at 1535 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 Sally L. Karns located at 118 East Penn Street, Carlisle, 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: Sally L. Karns, by regular mail to her last known address of 1105 Prim Rose Ave., Camp Hill, PA 17011. This letter was mailed under the date of January 16, 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 7, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $56,100.00 to James L. Adams. It being the highest bid and best price received for the same, James L. Adams of 10 E. South Street, Franklintown, PA 17323, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $58,744.40. Sheriffs Costs: Docketing $30.00 Poundage 1,122.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 16.72 Certified Mail 1.22 Levy 15.00 Surcharge 20.00 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION, F/K/A CUMBERLAND COUNTY PHH MORTGAGE SERVICES CORPORATION COURT OF COMMON PLEAS Plaintiff, V. CIVIL DIVISION SALLY L. KARNS NO. 06-5900 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) 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. SCI MIEG, 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 ,118 EAST PENN STREET, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SALLY L. KARNS 1105 PRIM ROSE AVENUE CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name 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) 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) COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR, STRAWBERRY SQUARE BUREAU OF INDIVIDUAL TAX DEPT. 280601 INHERITANCE TAX DIVISION HARRISBURG, PA 17128 ATTN: JOHN MURPHY INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM PO BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 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 118 EAST PENN STREET CARLISLE, PA 17013 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. November 28, 2006 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff PHH MORTGAGE CORPORATION, F/K/A CUMBERLAND COUNTY CENDANT MORTGAGE CORPORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION No. 06-5900 CIVIL Plaintiff, V. SALLY L. KARNS Defendant(s). November 28, 2006 TO: SALLY L. KARNS 1105 PRIM ROSE AVENUE CAMP HILL, PA 17011 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 118 EAST PENN STREET, CARLISLE, PA 17013, 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 $50,152.95 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: 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 that certain tract or parcel of land with the improvements thereon erected, situate in the First Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the Southerly line of East Penn Street, which point is 152 feet East of the Southeasterly line of Bedford and East Penn Street; thence along the Southerly line of East Penn Street, South 70 degrees 0 minutes East, 14.5 feet to a point; thence South 20 degrees 0 minutes West, 118 feet to a point on the Northerly line of a 12 foot wide public alley; thence along same, North 70 degrees 0 minutes West, 14.5 feet to a point; thence North 20 degrees 0 minutes East 118.0 feet to a point, the Place of BEGINNING. HAVING thereon erected a frame dwelling house known as and numbered 118 East Penn Street. BEING the same premises which Wanda K. Showers, Jesse L. Showers, Donald P. Showers, Jr., Scott Showers and Timothy L. Shoff, Administrators of the Estate of Donald P. Showers, by their Deed dated July 8, 1993 and recorded August 10, 1993 in the Office of the Recorder of Deeds of Cumberland County in Deed Book'L', Volume 36, Page 629, granted and conveyed unto Eric N. Hench, single man. Jean D. Hench joins in the conveyance to transfer any interest she may have in said property by virtue of her marriage to Eric N. Hench, Grantor herein. PARCEL IDENTIFICATION NO: 02-21-0318-060 CONTROL #: 02000447 PREMISES BEING: 118 EAST PENN STREET, CARLISLE, PA 17013 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Sally L. Karns, single woman, by Deed from Eric N. Hench, married man, dated 06/09/1997, recorded 06/09/1997, in Deed Book 159, page 152. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Eric N. Hench, single man, by Deed from Wanda K. Showers and Jesse L. Showers and Donald P. Showers, Jr. and Scott Showers and Timothy L. Shoff, Administrators of the Estate of Donald P. Showers, dated 07/08/1993, recorded 08/10/1993, in Deed Book L-36, page 629. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-5900 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORP[ORATION, F/K/A PHH MORTGAGE SERVICES CORPORATION, Plaintiff (s) From SALLY L. KARNS (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 $50,152.95 L.L. $.50 Interest FROM 11/28/06 TO 3/7/07 (PER DIEM - $8.24) - $815.76 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $146.84 Other Costs Plaintiff Paid Date: NOVEMBER 29, 2006 Curtis R. Long, Pr otary (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 61 On December 1, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 118 East Penn Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 1, 2006 By. J0 A.A Real E to Sergeant AMENDED SCHEDULE OF DISTRIBUTION SALE NO. 61 Date Filed: July 12, 2007 Writ No. 2006-5900 Civil Term PHH Mortgage Corporation f/k/a Cendant Mortgage Corporation f/k/a PHH Mortgage Services Corporation VS Sally L. Karns 118 East Penn Street Carlisle, PA 17013 Sale Date: March 07, 2007 Buyer: James L. Adams Bid Price: $56,100.00 Real Debt: $50,152.95 Interest: 815.76 Attorney Costs: 146.86 Total: $51,115.57 DISTRIBUTION: Receipts: Cash on account (12/01/2006): $ 1,500.00 Cash on account (03/07/2007): 5,610.00 Cash on account (03/23/2007) 53,134.40 Total Receipts: $60,244.40 Disbursements: Sheriff s Costs Legal Search Local Transfer Tax State Transfer Tax John O'Neill, Tax Collector Carlisle Borough Attorney Daniel Schmieg PHH Mortgage Corporation Total Disbursements: Balance for distribution: So Answers: v le $2,294.92 200.00 661.20 661.20 299.84 30.26 1,500.00 54,596.98 (Per Order of Court) ($60,244.40) 0.00 R. Thomas Kline Sheriff SCHEDULE OF DISTRIBUTION SALE NO. 61 Date Filed: April 05, 2007 Writ No. 2006-5900 Civil Term PHH Mortgage Corporation f/k/a Cendant Mortgage Corporation f/k/a PHH Mortgage Services Corporation VS Sally L. Karns 118 East Penn Street Carlisle, PA 17013 Sale Date: Buyer: Bid Price: Real Debt: Interest: Attorney C Total: DISTRIBUTION: March 07, 2007 James L. Adams $56,100.00 $50,152.95 815.76 osts: 146.86 $51,115.57 Receipts: Cash on account (12/01/2006): $ 1,500.00 Cash on account (03/07/2007): 5,610.00 Cash on account (03/23/2007) 53,134.40 Total Receipts: $60,244.40 Disbursements: Sheriff s Costs $2,294.92 Legal Search 200.00 Local Transfer Tax 661.20 State Transfer Tax 661.20 John O'Neill, Tax Collector 299.84 Carlisle Borough 30.26 Attorney Daniel Schmieg 1,500.00 PHH Mortgage Corporation 51,115.57 Sally Karns 3,481.41 Total Disbursements: ($60,244.40) Balance for distribution: 0.00 So Answers: a 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. 61 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 Eric N. Hench, married man, by deed dated June 9, 1997 and recorded June 9, 1997 in the Office of the Recorder of Deeds in and for Cumberland County, in Carlisle, Pennsylvania, in Deed Book 159, Page 152, granted and conveyed to Sally L. Karns, single woman. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of East Penn Street and in an unnamed public alley. 6. Rights in party wall forming a portion of the property line for the subject premises. 7. Mortgage in the amount of $53,150.00 given by Sally L. Karns to PHH Mortgage Services Corporation dated June 9, 1997 and recorded June 9, 1997 in Mortgage Book 1386, Page 1048. Complaint in mortgage foreclosure filed by PHH Mortgage Corporation, formerly known as Cendent Mortgage Corporation, and formerly known as PHH Mortgage Services Corporation as Plaintiff against Sally L. Karns as Defendant in the Office of the Prothonotary of Cumberland County, on October 9, 2006 to File No. 2006-5900. Judgment entered November 29, 2006 in the amount of $50,152.95. 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. 9. 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 v until countersigned by an authorized s Writ No. 2006-5900 Civil PHH Mortgage Corporation, f/k/a Cendant Mortgage Corporation, f/k/a PHH Mortgage Services Corporation VS. Sally L. Karns Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL that certain tract or parcel of land with the improvements thereon erected, situate in the First Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, more particu- larly bounded and described as fol- lows: BEGINNING at a point on the Southerly line of East Penn Street, which point is 152 feet East of the Southeasterly line of Bedford and East Penn Street; thence along the Southerly line of East Penn Street, South 70 degrees 0 minutes East, 14.5 feet to a point; thence South 20 degrees 0 minutes West, 118 feet to a point on the Northerly line of a 12 foot wide public alley; thence along same, North 70 degrees 0 min- utes West, 14.5 feet to a point; thence North 20 degrees 0 minutes East 118.0 feet to a point, the Place of BEGINNING. HAVING thereon erected a frame dwelling house known as and num- bered 118 East Penn Street. BEING the same premises which Wanda K. Showers, Jesse L. Show- ers, Donald P. Showers, Jr., Scott Showers and Timothy L. Shoff, Ad- ministrators of the Estate of Donald P. Showers, by their Deed dated July 8, 1993 and recorded August 10, 1993 in the Office of the Recorder of Deeds of Cumberland County in Deed Book `L', Volume 36, Page 629, granted and conveyed unto Eric N. Hench, single man. Jean D. Hench joins in the conveyance to transfer any interest she may have in said property by virtue of her marriage to Eric N. Hench, Grantor herein. PARCEL IDENTIFICATION NO: 02-21-0318-060. CONTROL #: 02000447. PREMISES BEING: 118 EAST PENN STREET, CARLISLE, PA 17013. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Sally L. Karns, single woman, by Deed from Eric N. Hench, married man, dated 06/09/ 1997, recorded 06/09/1997, in Deed Book 159, page 152. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Eric N. Hench, single man, by Deed from Wanda K. Show- ers and Jesse L. Showers and Donald P. Showers, Jr. and Scott Showers and Timothy L. Shoff, Ad- ministrators of the Estate of Donald P. Showers, dated 07/08/1993, recorded 08/10/1993, in Deed Book L-36, page 629. 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. a Marie Coyn Editor SW TO AND SUBSCRIBED before me this 9 day of February, 2007 PIO TA"" . SEAL Lr, r* M ., vC! q,1`1otary Public S.::r , Cumberland County ims I'Aarch 5, 2009 REAL. ESTATE SALE NO. 61 Writ No. 2006-5900 Civil PHH Mortgage Corporation, f/k/a Cendant Mortgage Corporation, f/k/a PHH Mortgage Services Corporation VS. Sally L. Karns Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL that certain tract or parcel of land with the improvements thereon erected, situate in the First Ward of the Borough of Carhsle, Cumberland County, Pennsylvania, more particu- larly bounded and described as fol- lows: BEGINNING at a point on the Southerly line of East Penn Street, which point is 152 feet East of the Southeasterly line of Bedford and East Penn Street; thence along the Southerly line of East Penn Street, South 70 degrees 0 minutes East, 14.5 feet to a point; thence South 20 degrees 0 minutes West, 118 feet to a point on the Northerly line of a 12 foot wide public alley; thence along same, North 70 degrees 0 min- utes West, 14.5 feet to a point; thence North 20 degrees 0 minutes East 118.0 feet to a point, the Place of BEGINNING. HAVING thereon erected a frame dwelling house known as and num- bered 118 East Penn Street. BEING the same premises which Wanda K. Showers, Jesse L. Show- ers, Donald P. Showers, Jr., Scott Showers and Timothy L. Shoff, Ad- ministrators of the Estate of Donald P. Showers, by their Deed dated July 8, 1993 and recorded August 10, 1993 in the Office of the Recorder of Deeds of Cumberland County in Deed Book `L', Volume 36, Page 629, granted and conveyed unto Eric N. Hench, single man. Jean D. Hench joins in the conveyance to transfer any interest she may have in said property by virtue of her marriage to Eric N. Hench, Grantor herein. PARCEL IDENTIFICATION NO: 02-21-0318-060. CONTROL #: 02000447. PREMISES BEING: 118 EAST PENN STREET, CARLISLE, PA 17013. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Sally L. Karns, single woman, by Deed from Eric N. Hench, married man, dated 06/09/ 1997, recorded 06/09/1997, in Deed Book 159, page 152. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Eric N. Hench, single man, by Deed from Wanda K. Show- ers and Jesse L. Showers and Donald P. Showers, Jr. and Scott Showers and Timothy L. Shoff, Ad- ministrators of the Estate of Donald P. Showers, dated 07/08/1993, recorded 08/10/1993, in Deed Book L-36, page 629. 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 t' ................................. COPY Sworn to and sub ri d ore Cme th* OMMONWETH SALE#61 Notarial Seal Terry L. Russell, Notary Public City Of Harrisburg, Da County y Commissi pir J e 6, 2010 soriation of Notarie§r NOT 1 CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 IMAL Au that mt1k ma or lmd of *d wdk dw *am bpayi,; tiMw it the *w %W of 6 Bwo* of +f _It iCWW ae of ?dt.toa Yapoe 1d 0 rep "?fe?e 1 a l b? the u.rt?t?at x>?., a am powo Sim , *of art } #olIjgdtlula of thefIIA P. &oww b*Y it Mld ra r.a 1k *404flfta of the *f Vok CNMY in ko D. ode in : ? iD VO(W 1lx ; It is said ' Y by **, mf wr t N. #MA Gnaw h.e . W. w l'WL& 0 I'lo'S Mft : l! i IN L fom G HaNdi. ra?>? shea m ana ler L