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Home My WebLink About08-5033PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 /JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 LAUREN R. TABAS, ESQ., Id. No. 93337 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 184722 PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, DB/A ERA MORTGAGE 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Plaintiff V. RYAN C. PIFER GINGER K. PIFER 7516 WERTZVILLE ROAD CARLISLE, PA 17015 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 0 8- 5o33 0-1 4k l crn? CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 184722 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 #: 184722 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 File #: 184722 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 #: 184722 1. Plaintiff is PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, DB/A ERA MORTGAGE 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: RYAN C. PIFER GINGER K. PIFER 7516 WERTZVILLE ROAD CARLISLE, PA 17015 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/04/2003 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 No. 1847, Page 3392. Said mortgage was modified as set forth in the modification agreement dated 09/01/2007, in Mortgage Book No. 200742737. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/2008 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 #: 184722 6. The following amounts are due on the mortgage: Principal Balance $212,713.10 Interest $6,900.64 03/01/2008 through 08/20/2008 Attorney's Fees $1,250.00 Cumulative Late Charges $220.71 12/04/2003 to 08/20/2008 Cost of Suit and Title Search 550.00 Subtotal $221,634.45 Escrow Credit ($766.00) Deficit $0.00 Subtotal 766.00 TOTAL $220,868.45 7 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in uersonam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 184722 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $220,868.45, together with interest from 08/20/2008 at the rate of $40.12 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&NCIS T. PHE AN ESQUIRE HALLIN , ESQUIRE CHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 184722 LEGAL DESCRIPTION TRACT NO. I ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of Legislative Route 21001; thence North 23 degrees 17 minutes West and along lands now or late of M. R. Wingert 582.70 feet to a point; thence North 66 degrees 43 minutes East 363.15 feet to a point; thence South along the eastern side of a 25 feet wide private right of way and along lands now or late of J. S. Sease 23 degrees 17 minutes East 538.29 feet to a point in the center of Legislative Route 21001; thence through the center of said Legislative Route South 59 degrees 49 minutes 30 seconds West 365.85 feet to a point, the place of BEGINNING. SUBJECT to a twenty-five (25) feet wide private right of way for the use of ingress and regress for properties abutting thereon, which extends along the easternmost 25 feet of the tract herein conveyed and as shown on Plot Plan recorded herewith. UNDER AND SUBJECT to restrictions set forth in Deed Book 25, Volume'B', Page 785. BEING the same property which Howard V. Shahan, single man, by deed dated March 29, 1973, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 25, Volume 'B', Page 785, granted and conveyed unto Robert L. Windemaker and Betty File #: 184722 Jane Windemaker. The said Robert L. Windemaker a/k/a Robert L. Windemaker, Sr. died on August 21, 2001, thereby vesting the entire fee ownership in his surviving spouse, Betty Jane Windemaker, grantor herein. TRACT NO. 2 ALL THAT CERTAIN lot or piece of ground situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point, which point is 538.29 feet Northwest of Legislative Route No. 21001 and the Northeast corner of a private right of way; thence along land formerly of Howard Shahan, now or formerly of Robert L. Windemaker and wife, South 66 degrees 43 minutes West 363.15 feet to a point; thence North 23 degrees 17 minutes East 90 feet to a point and along land now or late of M. R. Wingert; thence South 66 degrees 43 minutes West 59.60 feet to a point; thence along land now or late of W. L. Forney, North 23 degrees 17 minutes West 150 feet to a point; thence along land now or late of J. L. Shaeffer, North 66 degrees 43 minutes East 422.75 feet to a point; thence South 23 degrees 17 minutes East 240 feet to a point, the place of BEGINNING. BEING the same property which Walter E. Kuntzelman and Betsy Ann Kuntzelman, his wife, by deed dated April 10, 1974, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 25, Volume 'O', Page 535, granted and conveyed unto Robert L. Windemaker and Betty Jane Windemaker. The said Robert L. Windemaker a/k/a Robert L. File #: 184722 Windemaker, Sr. died on August 21, 2001, thereby vesting the entire fee ownership in his surviving spouse, Betty Jane Windemaker, grantor herein. PROPERTY BEING: 7516 WERTZVILLE ROAD PARCEL: 21-04-0371-038 & 21-04-0371-042A File #: 184722 VERIFICATION I hereby state that I am the 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 of the pleading, that I am 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 my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. T arx-dc0 ttorney for Plaintif DATE: J1.1, - O8' N (^? < C(P , m !u Z r kt Y'' 4b v ? Y [ ,LINAN & SCHMIEG, LLP ALLINAN, ESQ., Id. No. 62695 'ENTER PLAZA, SUITE 1400 I1A, PA 19103 .? ° ? ? ?4 Ki?`E`(AGE CORPORATION ,a. "? DANT MORTGAGE O ION9 D!B/A ERA Plaintiff ! FER FIFER Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-5033 CIVIL TERM CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE t ?THONOTARY: ridhv substitute the attached verification for the verification originally filed with the coI!lt,laint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: U ?U O? Francis S. Hallinan, Esquire PfIS #: 184722 M VERIFICATION ,-'(, "D1)tb hereby states that he/she is V 1(Q 11 ?f PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, DB/A ERA MORTGAGE, servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 8 175 J 000 Jz? Name: arL ,// Title:vAck &Company: PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, DB/A ERA MORTGAGE Loan:0026153163 File #: 184722 ..a. PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-5033 CIVIL TERM Plaintiff VS. RYAN C. PIFER GINGER K. PIFER Defendant(s) : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiff s Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: RYAN C. PIFER 7516 WERTZVILLE ROAD CARLISLE, PA 17015 GINGER K. PIFER 7516 WERTZVILLE ROAD CARLISLE, PA 17015 Date: -Lt -U 1' Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: Francis S. Hallinan, Esquire 77" SHERIFF'S RETURN - REGULAR CASE NO: 2008-05033 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS PIFER RYAN C ET AL MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE PIFER RYAN C DEFENDANT was served upon the at 2025:00 HOURS, on the 25th day of August , 2008 at 7516 WERTZVILLE ROAD CARLISLE, PA 17015 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing Service Affidavit Surcharge 1'yro8 18.00 IOVA 7.00 .00 10.00 .00 35.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 08/26/2008 PHELAN HALLINAYSCHM EG By: Deputy Sheriff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-05033 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS PIFER RYAN C ET AL MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PIFER GINGER K the DEFENDANT , at 2025:00 HOURS, on the 25th day of August 2008 at 7516 PIFER ROAD CARLISLE, PA 17015 by handing to RYAN PIFER HUSBAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing ? Service Affidavit 00 Surcharge Sworn and Subscibed to before me this of So Answers: 6.00 lop .00 .00 10.00 R. Thomas Kline .00 16.00 08/26/2008 PHELAN HALLINAN SCHMIEG By. day puty Sheriff A. D. •w Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (215) 320-0007 PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE VS. RYAN C. PIFER 7516 WERTZVILLE ROAD CARLISLE, PA 17015 GINGER K. PIFER 7516 WERTZVILLE ROAD CARLISLE, PA 17105 Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-5033 CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against RYAN C. PIFER and GINGER K. PIFER, 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 - 08/21/2008 -10/09/2008 TOTAL $220,868.45 $2,006.00 $222,874.45 I hereby certify that (1) the addresses of the Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attacheA. Daniel G. Sc Attorney for DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: o /o R4 PHS# 184722 PRO PROTHY Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (215) 320-0007 PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE VS. RYAN C. PIFER GINGER K. PIFER Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-5033 CIVIL TERM 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 RYAN C. PIFER is over 18 years of age and resides at 7516 WERTZVELLE ROAD, CARLISLE, PA 17015. (c) that defendant GINGER K. PIFER is over 18 years of age, and resides at 7516 WERTZVILLE ROAD, CARLISLE, PA 17105. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. .1, Daniel G. Schmieg, Attorney for Plainti PHELAN HALLINAN & SCHMIEG, LLP By: LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE Plaintiff RYAN C. PIFER GINGER K. PIFER Defendant(s) TO: RYAN C. PIFER 7516 WERTZVILLE ROAD CARLISLE, PA 17015 DATE OF NOTICE: September 25, 2008 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-5033 CIVIL TERM CUMBERLAND COUNTY S'3 M A "? a ra h.a t'. '! F y { 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. IldPORTANT 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 (10) 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 JASON RICCO Legal Assistant PHS # 184722 PHELAN HALLINAN & SCHMIEG, LLP By: LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000. PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, DB/A ERA MORTGAGE V. Plaintiff RYAN C. PIFER GINGER K. PIFER Defendant(s) TO: GINGER K. PIFER 7516 WERTZVILLE ROAD CARLISLE, PA 17015 DATE OF NOTICE: September 25, 2008 CL ij 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. ERORTANT 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 (10) 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 7) 249-3166 JASON RICCO Legal Assistant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-5033 CIVIL TERM CUMBERLAND COUNTY PHS # 184722 h) L? Y Q I w (Rule of Civil Procedure No. 236) - Revised CUMBERLAND COUNTY PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE COURT OF COMMON PLEAS CORPORATION, DB/A ERA . MORTGAGE : CIVIL DIVISION VS. : NO. 08-5033 CIVIL TERM RYAN C. PIFER 7516 WERTZVILLE ROAD CARLISLE, PA 17015 GINGER K. PIFER 7516 WERTZVILLE ROAD CARLISLE, PA 17105 Notice is given that a Judgment in the above captioned matter has been entered against you on [k, /p* , 2008. By: -B'E If you have any questions concerning this matte ase con ct- t 'el G. S ieg, wire Attorney or Party Fil g 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OFA LIENAGAINST PROPERTY. ** PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R,C.P. 3180-3183 PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, DB/A ERA MORTGAGE Plaintiff, No. 08-5033 CIVIL TERM V. RYAN C. PIFER GINGER K. PIFER Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $222,874.45 Interest from 10/10/2008-03/04/2009 $5,349.44 and Costs (per diem -$36.64) TOTAL $230,075.39 'd . 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. 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 eviant,that a representative of the plaintiff is not present at the sale.. 184722 c? ?z o o H ?? fs+H V a zg H ? a w c goo w a O V H w+ w E,,,, ?. O Ewa V O?? ? Va ? w 0o wH? o a H god a? w? O H V V? o?A H ? Z a w U a V rV M v~ kn in 00 as UU ? as 4 N as cd ?qo I f I r - i ? w ' cep 44. Ou 9A ' 1; 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, DB/A ERA MORTGAGE Plaintiff, V. RYAN C. PIFER GINGER K. PIFER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-5033 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff r-O C;50 PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, DB/A ERA MORTGAGE Plaintiff, v. RYAN C. PIFER GINGER K. PIFER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-5033 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE, 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 ,7516 WERTZVILLE ROAD, CARLISLE, PA 17015. 1. Name and address of Owner(s) or reputed Owner(s): Name RYAN C. PIFER GINGER K. PIFER Last Known Address (if address cannot be reasonably ascertained, please indicate) 7516 WERTZVILLE ROAD CARLISLE, PA 17015 7516 WERTZVILLE ROAD CARLISLE, PA 17015 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) MEMBERS 1sT FEDERAL 5000 LOUISE DRIVE, P.O. BOX 40 CREDIT UNION MECHANICSBURG, PA 17055 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 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 7516 WERTZVILLE ROAD CARLISLE, PA 17015 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building 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.A. § 4904 relating to unsworn falsification to authorities. November 7, 2008 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff CD ?., rill. PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE Plaintiff, V. RYAN C. PIFER GINGER K. PIFER Defendant(s). TO: RYAN C. PIFER 7516 WERTZVILLE ROAD CARLISLE, PA 17015 CUMBERLAND COUNTY No. 08-5033 CIVIL TERM November 7, 2008 GINGER K. PIFER 7516 WERTZVILLE ROAD CARLISLE, PA 17015 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY,** Your house (real estate) at, 7516 WERTZVILLE ROAD, CARLISLE, PA 17015, is scheduled to be sold at the Sheriffs Sale on MARCH 4, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $222,874.45 obtained by PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, DB/A ERA MORTGAGE (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 proceeding 4. You may need an attorney to assert your rights. The sooner you contact one, the more D 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 TRACT NO. I ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of Legislative Route 21001; thence North 23 degrees 17 minutes West and along lands now or late of M. R. Wingert 582.70 feet to a point; thence North 66 degrees 43 minutes East 363.15 feet to a point; thence South along the eastern side of a 25 feet wide private right of way and along lands now or late of J. S. Sease 23 degrees 17 minutes East 538.29 feet to a point in the center of Legislative Route 21001; thence through the center of said Legislative Route South 59 degrees 49 minutes 30 seconds West 365.85 feet to a point, the place of BEGINNING. SUBJECT to a twenty-five (25) feet wide private right of way for the use of ingress and regress for properties abutting thereon, which extends along the easternmost 25 feet of the tract herein conveyed and as shown on Plot Plan recorded herewith. UNDER AND SUBJECT to restrictions set forth in Deed Book 25, Volume'B', Page 785. BEING the same property which Howard V. Shahan, single man, by deed dated March 29, 1973, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 25, Volume'B', Page 785, granted and conveyed unto Robert L. Windemaker and Betty Jane Windemaker. The said Robert L. Windemaker a/k/a Robert L. Windemaker, Sr. died on August 21, 2001, thereby vesting the entire fee ownership in his surviving spouse, Betty Jane Windemaker, grantor herein. TRACT NO.2 ALL THAT CERTAIN lot or piece of ground situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point, which point is 538.29 feet Northwest of Legislative Route No. 21001 and the Northeast comer of a private right of way; thence along land formerly of Howard Shahan, now or formerly of Robert L. Windemaker and wife, South 66 degrees 43 minutes West 363.15 feet to a point; thence North 23 degrees 17 minutes East 90 feet to a point and along land now or late of M. R. Wingert; thence South 66 degrees 43 minutes West 59.60 feet to a point; thence along land now or late of W. L. Forney, North 23 degrees 17 minutes West 150 feet to a point; thence along land now or late of J. L. Shaeffer, North 66 degrees 43 minutes East 422.75 feet to a point; thence South 23 degrees 17 minutes East 240 feet to a point, the place of BEGINNING BEING THE SAME PREMISES VESTED IN Ryan C. Pifer and Ginger K. Pifer, h/w, by Deed from Betty Jane Windemaker, aka Betty J. Windemaker, widow, dated 12/04/2003, recorded 12/08/2003 in Book 260, Page 3576. PREMISES BEING: 7516 WERTZVILLE ROAD, CARLISLE, PA 17015 PARCEL NO. 21-04-0371-038 21-04-0371-042A WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-5033 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, d/b/a ERA MORTGAGE, Plaintiff (s) From RYAN C. PIFER and GINGER K. PIFER (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 $222,874.45 L.L. $.50 Interest from 10/10/08 to 3/04/09 (per diem - $36.64) - $5,349.44 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $170.00 Other Costs Plaintiff Paid Date: 11/10/08 Cu R. Long, ProtMe r al) By: (Se Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG LLP ONE PENN CENTER, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 AFFIDAVIT OF SERVICE PLAINTIFF PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE DEFENDANT(S) RYAN C. PIFER GINGER K. PIFER SERVE GINGER K. PIFER AT: 7516 WERTZVILLE ROAD CARLISLE, PA 17015 SERVED Served and made known to (ST ij &fEk V . R F&A Defendant, on , 200$, at ' D I o'clock ?_.m., at 7514, VUE9TZ Vt<-l.li< ROO , C#a , Commonwealth of Pennsylvania, in the manner described below: ? Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Reb Adult in charge of Defendant(s)'s residence who refused to give name or 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 bush an officer of said Defendant(s)'s company. Other. CUMBERLAND COUNTY No. 08-5033 CIVIL TERM ACCT. #184722 Type of Action - Notice of Sheriffs Sale Sale Date: MARCH 4, 2009 02 N P day of bb-- fVj SLE is Description: Age JOs Height 5'5" Weight ILa Race V1 ex r- Other I, i 4 LD 6 Lt- a competent adult, being duly sworn ac( personally handed a true and correct copy of the Notice of Sheriffs Sale in the captioned case on the date and at the address indicated above. Sworn to and subscribed e ore this 21jD day of B 200. No ` By V V4,?_4 7t A EMPT SERVICE AT LEAST 3 TIMES. INDICATE DA Notary Public ATTEMPTED. State of New Jersey PATRICIA E. HARRIS NOT SERVED Commission Expires June 16, 2013 On the day of 200at o'clock; m., D Moved Unknown No Answer Vacant 1St Attempt: Time: 2°d Attempt: 3rd Attempt: I / Time: Sworn to and subscribed before me this day of .200_. Notary: Attorney for Plaintiff DANIEL G. SCHMIE, One Penn Center at St By: 1617 John F. Kennedy Philadelphia, PA 1910: (215) 563-7000 to law, depose and state that I as set forth herein, issued in the & TIMES OF SERVICE NOT FOUND because: I Time: Esquire - I.D. No. 62205 irban Station, Suite 1400 4 Z Z(Z ?.°' ?? +.? a _:7 t .y,=; k.? 1w+I ..;?..i A..9_., I W _^ f .F ?. 4 Mw7 ""v AFFIDAVIT OF SERVICE PLAINTIFF PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE CUMBERLAND COUNTY / No. 08-5033 CIVIL TERM ACCT. #184722 DEFENDANT(S) RYAN C. PIFER GINGER K. PIFER SERVE RYAN C. PIFER AT: 7516 WERTZVILLE ROAD CARLISLE, PA 17015 SERVED Served and made known to RV" e' PI F?4 , Defendant, on at -1, 01 , o'clock -P-m., at I Wain mr.- W.M of Pennsylvania, in the manner described below: Type of Action - Notice of Sheriffs Sale Sale Date: MARCH 4, 2009 A N15 day of t200 $ Defendant personally served. ' I -Adult family member with whom Defendant(s) reside(s). Name and Relati ship is ?91 MW ?W t Adult in charge of Defendant(s)'s residence who refused to give name or re ationship. 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 busines . an officer of said Defendant(s)'s company. Other: Description: Agee ;505 Height 5';" Weight (60 Race W I, 'RD* A-up Md 1, ? , a competent adult, being duly sworn accor a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth h the address indicated above. Sworn to and subscribed re me this aNO day L Q of 200. o -? ? By: P T SE C AT LEAST 3 TIMES. INDICATE DATES Notary Public Stale of New Jersey NOT SERVED PATRICIA E. HARRIS Commission Expire Jun 1b, 2013 On the (lay of 200^, at o'clock ,.m., Dc Moved Unknown _ No Answer 1" Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 200. Notary: By: Vacant 2nd Attempt: P Other Commonwealth to law, depose and state that I personally handed issued in the captioned case on the date and at TIMES OF SERVICE ATTEMPTED. NOT FOUND because: Time: DANIEL G. S One Penn Cen 1617 John F. Philadelphia, (215) 563-7000 MIEG, Esquire - I.D. No. 62205 at Suburban Station, Suite 1400 nedy Boulevard 19103-1814 z -z(Z all Y ,» _ v r PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE Plaintiff V. Court of Common Pleas Civil Division CUMBERLAND County No. 08-5033 CIVIL TERM RYAN C. PIFER GINGER K. PIFER Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on August 21, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit «A„ 2. Judgment was entered on October 10, 2008 in the amount of $222,874.45. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on March 4, 2009. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through March 4, 2009 Per Diem $40.12 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL 6. $212,713.10 $14,765.66 $220.71 $1,300.00 $901.50 $0.00 $66.25 $0.00 $0.00 $0.00 ($0.00) $2,206.17 $232,173.39 The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on January 28, 2009 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: 2 By: Phelan Hallinan & Schmieg, LLP Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE Plaintiff Court of Common Pleas Civil Division CUMBERLAND County V. No. 08-5033 CIVIL TERM RYAN C. PIFER GINGER K. PIFER Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE RYAN C. PIFER and GINGER K. PIFER executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 7516 WERTZVILLE ROAD, CARLISLE, PA 17015. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. ofN.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriff s Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266,270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: r 2t a By: -?' Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 LAUREN R. TABAS, ESQ., Id. No. 93337 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 184722 PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, DB/A ERA MORTGAGE 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 Plaintiff V. RYAN C. PIFER GINGER K. PIFER 7516 WERTZVILLE ROAD CARLISLE, PA 17015 cry :: r? n? o G-) RIP N 3g C) I -z, -Pq m ry 5 ? 0 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 08 - 5o33 O iv i t -F.'rh CUMBERLAND COUNTY ATTORNEY PILE COPY PLEASE RETURN Defendants we nereuy 0,;01 Lk, -- CIVIL ACTION - LAW within to be a true and COMPLAINT IN MORTGAGE FORECL(L?i t Copy of the original flied of record File #: 184722 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 #: 194722 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 File k: 184722 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/: 184722 1. Plaintiff is PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, DB/A ERA MORTGAGE 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: RYAN C. PIFER GINGER K. PIFER 7516 WERTZVILLE ROAD CARLISLE, PA 17015 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/04/2003 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 No. 1847, Page 3392. Said mortgage was modified as set forth in the modification agreement dated 09/01/2007, in Mortgage Book No. 200742737. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff' from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/2008 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 N: 194722 6. The following amounts are due on the mortgage: Principal Balance $212,713.10 Interest $6,900.64 03/01/2008 through 08/20/2008 Attorney's Fees $1,250.00 Cumulative Late Charges $220.71 12/04/2003 to 08/20/2008 Cost of Suit and Title Search 550.00 Subtotal $221,634.45 Escrow Credit ($766.00) Deficit $0.00 Subtotal 766.00 TOTAL $220,868.45 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriff s Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 184722 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $220,868.45, together with interest from 08/20/2008 at the rate of $40.12 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 --r-. ZC"y-a,.o C T. PHE AN ESQUIRE CIS S. HALLIN , ESQUIRE ByOANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File M: 184722 LEGAL DESCRIPTION TRACT NO. 1 ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of Legislative Route 21001; thence North 23 degrees 17 minutes West and along lands now or late of M. R. Wingert 582.70 feet to a point; thence North 66 degrees 43 minutes East 363.15 feet to a point; thence South along the eastern side of a 25 feet wide private right of way and along lands now or late of J. S. Sease 23 degrees 17 minutes East 538.29 feet to a point in the center of Legislative Route 21001; thence through the center of said Legislative Route South 59 degrees 49 minutes 30 seconds West 365.85 feet to a point, the place of BEGINNING. SUBJECT to a twenty-five (25) feet wide private right of way for the use of ingress and regress for properties abutting thereon, which extends along the easternmost 25 feet of the tract herein conveyed and as shown on Plot Plan recorded herewith. UNDER AND SUBJECT to restrictions set forth in Deed Book 25, Volume'B', Page 785. BEING the same property which Howard V. Shahan, single man, by deed dated March 29, 1973, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 25, Volume'B', Page 785, granted and conveyed unto Robert L. Windemaker and Betty File #: 184722 Jane Windemaker. The said Robert L. Windemaker a/k/a Robert L. Windemaker, Sr. died on August 21, 2001, thereby vesting the entire fee ownership in his surviving spouse, Betty Jane Windemaker, grantor herein. TRACT NO.2 ALL THAT CERTAIN lot or piece of ground situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point, which point is 538.29 feet Northwest of Legislative Route No. 21001 and the Northeast corner of a private right of way; thence along land formerly of Howard Shahan, now or formerly of Robert L. Windemaker and wife, South 66 degrees 43 minutes West 363.15 feet to a point; thence North 23 degrees 17 minutes East 90 feet to a point and along land now or late of M. R. Wingert; thence South 66 degrees 43 minutes West 59.60 feet to a point; thence along land now or late of W. L. Forney, North 23 degrees 17 minutes West 150 feet to a point; thence along land now or late of J. L. Shaeffer, North 66 degrees 43 minutes East 422.75 feet to a point; thence South 23 degrees 17 minutes East 240 feet to a point, the place of BEGINNING. BEING the same property which Walter E. Kuntzelman and Betsy Ann Kuntzelman, his wife, by deed dated April 10, 1974, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 25, Volume 'O', Page 535, granted and conveyed unto Robert L. Windemaker and Betty Jane Windemaker. The said Robert L. Windemaker a/k/a Robert L. File H: 184722 Windemaker, Sr. died on August 21, 2001, thereby vesting the entire fee ownership in his surviving spouse, Betty Jane Windemaker, grantor herein. PROPERTY BEING: 7516 WERTZVILLE ROAD PARCEL: 21-04-0371-038 & 21-04-0371-042A File #: 184722 VERIFICATION I hereby state that I am the 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 of the pleading, that I am 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 my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. 0-7 ttorney for Plaintif DATE: ?' o? • Qr Exhibit "B" PhelanHalffi=& Schmieg, LLP By: DanieW. Schmieg, Esquire Identification No. 62205 One Penn:CenterPlaza 1617 MK Boulevard, Ste. 1400 Philadelpk*-;PX.19103 (215) 320-0007 PHII MORTGAGE CORPORATION F/KIA CENDANT MORTGAGE CORPORATION, DB/A ERA Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS MORTGAGE ATTQRNEY FILE CbW' DIVISION VS. PLEASE RETUI 0.08-5033 CIVIL TERM RYAN C. PIFER 75161?VERTZV. ILLE ROAD CARLISLE, PA 17015 GINGER K. PIFER 7516 WERTZVILLE ROAD CARLISLE, PA 17105 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANS ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: PLEASE R IETURN- n C ra O -: -oF n _ _ rte. N C? 171 Kindly enter judgment in favor of the Plaintiff and against RYAN C. PIFER and GINGER K. POER, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff s damages as follows: As set forth in Complaint $220,868.45 Interest - 08/21/2008 -10/09/2008 $2,006.00 TOTAL ATTORNEY FlLE COPY $222,874.45 I hereby certify that (l) the AURN Wfendant(S) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attacheA. Daniel G. Sc Attorney for DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: KPHS# 184M PRO PROTHY Exhibit "C" rr roo ro N 0 ;z a? b? y° ro ro u+ •A 777, T =7 '70 0 T-- - IT I"' - ? I I ? I I ? " 3 ? " I - o b b ro 0 ?o `^ c ro ro o aoo `" ., ro o p O v. °v k 1E. cro ppio -n ?p ? li 6 O N .'roj? 7 9S tli ?' NOD p?G O O y: 77? rroi»+ ? GP LT1 ? rJ 5 (p ,8 "s. y S ro ° 9+?a ??oro d: Fi4 `?G r Oam V` V A 00 tD N -e rd O A ~ O ?za ?z "d Y •v ?. r Y "'? ° rra Y oa,? y ?D oo cr r ? A ~ yY ? y pop. 0 0 o? ? tD ? y r ? 0 0 n .A rrw r b A Y? 3 -s.rJj EYB 02 1M 0004218010 JAN28 2009 MAILED FROM ZIPCODE 191 03 n Y a ? oil A VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. DATE: Z r? /-57 By: Phelan Hallinan & Schmieg, LLP Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE Plaintiff v. RYAN C. PIFER GINGER K. PIFER Defendants Court of Common Pleas Civil Division CUMBERLAND County No. 08-5033 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. RYAN C. PIFER GINGER K. PIFER 7516 WERTZVILLE ROAD CARLISLE, PA 17015 DATE: Z V- °i Phelan Hallinan & Schmieg, LLP By: `. Michele M. Bradford, Esquire Attorney for Plaintiff 6-P iy 24 PHH MORTGAGE CORPORATION IN THE COURT OF COMMON PLEAS OF F/K/A CENDANT MORTGAGE CUMBERLAND COUNTY, PENNSYLVANIA CORPORATION, D/B/A ERA MORTGAGE, PLAINTIFF V. RYAN C. PIFER, ; GINGER K. PIFER, DEFENDANTS NO. 08-5033 CIVIL ORDER OF COURT AND NOW, this 9th day of February, 2009, upon consideration of the Motion to Reassess Damages filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before March 2, 2009; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will determine if further order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, \A, ?-4 M. L. Ebert, Jr., J. .4chele M. Bradford, Esquire Attorney for Plaintiff XIan C. Pifer Ginger K. Pifer 7516 Wertzville Road Carlisle, PA 17015 bas ?eii`??? ? 1,?\Y???F????4 DtJ 00 -.6 WV 6- 03A PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, DB/A ERA MORTGAGE VS. RYAN C. PIFER GINGER K. PIFER : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-5033 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, DANIEL G. SCHMIEG, ESQUIRE attorney forPHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, DB/A ERA MORTGAGE hereby verify that true and correct copies of the Notice of Sheriff s sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. 1 DATE: FebruM 2.2009 DANIEL G. SCH G, E UIRE Attorney for Plaintiff - l . - a a w x o? a AA a F 7(% VO a 4 ??Ca U w •? o a ? o zoo O ? pypyy ? Q t+ ? F N N ? 4Q fem.' Vi?4.1 . s v °D £0 L& L 3003diZ W08-A 0311bW E S vi ° 800Z SZ AON 0 L08 LZb000 ogL'ZQ $ M ZO s .o N 57M09 Alr4nd ? G ? Z C X O v a W ?t , ?y5 " u u - N q 3 1? ?1 v N ?' v O ,? y ? ? r E ? v Yi E H N k1 vo o u ai m y ?4 o ? ? ri mg M 1. ? H O .? a s'3 ? o w w g a, U a a a ?CO?oN+ ? V .? ? p ?? c? 'OU ? g cv a 00 w Ntn ° . q 0 0 w U 4a E .tia ? 3 Wa x ? H y v a ao u be O ?' ? ? H ? ? b boa : a ? a4 0 N fX4 O Q y dj 1 0 (: SJ w a U 9 P (?1 M r?? a N ? W z aWAvO a O a C7 ?d'" a ? ?'?" N p r'? ? 0 00 o '"' W w U ? ? ?? R t ??w a N r O ??W 3 o ? ? . H O a o? OGn , ?DC n . u $ u .? ....A U ?a oQ n $ Ma a U ° a z AU U UAr F+ o v ? ? w ? a z m Uz N v cli Q ? ? oT z;I a ., N M v to ?o r o0 0? ° cq qt F RC :- V Ltd PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, DB/A ERA MORTGAGE Plaintiff V. RYAN C. PIFER GINGER K. PIFER Court of Common Pleas Civil Division CUMBERLAND County No. 08-5033 CIVIL TERM Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of March 2, 2009 was sent to the following individual on the date indicated below. RYAN C. PIFER GINGER K. PIFER 7516 WERTZVILLE ROAD CARLISLE, PA 17015 Phelan Hallinan & Schmieg, LLP DATE: L l °f By: Michele M. Bradford, Esquire Attorney for Plaintiff 4N Fr ly ... F • .. ? I) =y PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, DB/A ERA MORTGAGE Plaintiff V. RYAN C. PIFER GINGER K. PIFER Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-5033 CIVIL TERM MOTION TO MAKE RULE ABSOLUTE PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, DB/A ERA MORTGAGE, by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on February 4, 2009. 3. A Rule was entered by the Court on or about February 9, 2009 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on February 18, 2009, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of March 2, 2009. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. ldl Ph 1 rail Schmieg, LLP DATE: 4'U By: A.- 16 Mi ele . Bradf , Esquire Attorney for Plainti PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE Plaintiff V. RYAN C. PIFER GINGER K. PIFER Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-5033 CIVIL TERM BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on February 4, 2009. A Rule was entered by the Court on or about February 9, 2009 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on February 18, 2009 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of March 2, 2009. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. & Schmieg, LLP DATE: BY: Michele 4-adford, Esquire Attorney ntiff Exhibit "A" PHH MORTGAGE CORPORATION IN THE COURT OF COMMON PLEAS OF F/K/A CENDANT MORTGAGE CUMBERLAND COUNTY, PENNSYLVANIA CORPORATION, D/B/A ERA MORTGAGE, PLAINTIFF V. RYAN C. PIFER, GINGER K. PIFER, DEFENDANTS NO. 08-5033 CIVIL ORDER OF COURT, AND NOW, this 9th day of February, 2009, upon consideration of the Motion to Reassess Damages filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before March 2, 2009; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will determine if further order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, \I., ?-4 M. L. Ebert, Jn, J. Michele M. Bradford, Esquire Attorney for Plaintiff Ryan C. Pifer Ginger K. Pifer 7516 Wertzville Road Carlisle, PA 17015 bas Exhibit "B" PLEASE RETURN PHELAN HALLINAN & SCHMIEG, LLP ° ?n by: Michele M. Bradford, Esquire ATTORNEY FOR PLA 'IF V-," E7, Atty. I.D. No. 69849 - ' , One Penn Center, Suite 1400 w _e 1617 John F. Kennedy Boulevard 3 Philadelphia, PA 19103-1814 = AT"T?R NE y FIL s £. ?v rn (215) 563-7000 , s _ PLEASE - PE7 ORN PHH MORTGAGE CORPORATION F/K/A Court of Common Pleas CENDANT MORTGAGE CORPORATION, DB/A ERA MORTGAGE Civil Division Plaintiff CUMBERLAND County V. RYAN C. PIFER No. 08-5033 CIVIL TERM GINGER K. PIFER Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of March 2, 2009 was sent to the followin individual on the date indicated below. n(`'?P' ?rN RYAN C. PIFER GINGER K. PIFER 7516 WERTZVILLE ROAD CARLISLE, PA 17015 Phelan Hallinan & Schmieg, LLP DATE: By: Michele M. Bradford, Esquire Attorney for Plaintiff Of VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. 4904 relating to the unsworn falsification of authorities. L? Q /J Phel llinan & Schmieg, LLP DATE: 1 U V By: Mic le . B' ord, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE Plaintiff V. RYAN C. PIFER GINGER K. PIFER Court of Common Pleas Civil Division CUMBERLAND County No. 08-5033 CIVIL TERM Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff s Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. RYAN C. PIFER GINGER K. PIFER 7516 WERTZVILLE ROAD CARLISLE, PA 17015 DATE: Phel a in Schmieg, LLP r I xld -I By: Michet WBrad , Esquire Attorney for Plaint ff TF: 2d1Jen)AiR231y3f.•'71 MAY 05Z008(7 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION F/K/A Court of Common Pleas CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE Civil Division Plaintiff CUMBERLAND County V. RYAN C. PIFER GINGER K. PIFER Defendants No. 08-5033 CIVIL TERM ORDER AND NOW, this Jr day of rAo y , 2009, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $212,713.10 Interest Through March 4, 2009 $14,765.66 Per Diem $40.12 Late Charges $220.71 Legal fees $1,300.00 Cost of Suit and Title $901.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $66.25 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit $0.00 $0.00 ($0.00) $2,206.17 TOTAL $232,173.39 Plus interest from March 4, 2009 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT - ?,I, J. 184722 '71; Q -? ? ?- oFfl wro-I lrtti 9- gl Plmi Mortgagq, Corporation f/k/a Cendant In The Court of Common Pleas of Mortgage Corporation, d/b/a Era Mortgage Cumberland County, Pennsylvania VS Writ No. 2008-5033 Civil Term Ryan C. Pifer and Ginger K. Pifer Timothy Black, Deputy Sheriff, who being duly sworn according; to law, states that on December 03, 2008 at 1545 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Ryan C. Pifer and Ginger K. Pifer, by making known unto Ginger K. Pifer personally and adult in charge for Ryan C. Pifer, at 7516 Wertzville Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 22, 2009 at 2107 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 Ryan C. Pifer and Ginger K. Pifer located at 7516 Wertzville Road, 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 defendants, to wit: Ryan C. Pifer and Ginger K. Pifer, by regular mail to their last known address of 7516 Wertzville Road, Carlisle, PA 17013. These letters were mailed under the date of January 9, 2009 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED. Sheriff's Costs: Docketing 30.00 Poundage 27.16 Posting Bills 30.00 Advertising 30.00 Law Library .50 Prothonotary 2.00 Milage 10.80 Levy 30.00 Surcharge 40.00 Post Pone Sale 40.00 Lav Journal 587.00 Patriot News 542.21 Share of Bills 15.52 1,385.19 So Answers, R. Thomas Kline h$ eri f? By (L?Co 0 I a U6d Real Estate Coordinator ? 7w L,/G ti ), p ?•.? }7 7?' h ch`'7 0 J'Lz- PHH MORTGAGE CORPORATION FWA CENDANT MORTGAGE CORPORATION, DB/A CUMBERLAND COUNTY ERA MORTGAGE Plaintiff, V. RYAN C. PILFER GINGER K. PIFER Defendant(s). COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-5033 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION. DB/A ERA MORTGAGE, 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 ,7516 WERTZVILLE ROAD, CARLISLE, PA 17015. 1. Name and address of Owner(s) or reputed Owner(s): Name RYAN C. PIFER GINGER K. PIFER Last Known Address (if address cannot be reasonably ascertained, please indicate) 7516 WERTZVILLE ROAD CARLISLE, PA 17015 7516 WERTZVILLE ROAD CARLISLE, PA 17015 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) MEMBERS 1sT FEDERAL 5000 LOUISE DRIVE, P.O. BOX 40 CREDIT UNION MECHANICSBURG, PA 17055 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 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 7516 WERTZVILLE ROAD CARLISLE, PA 17015 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 171:28 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building 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.A. § 4904 relating to unsworn falsification to authorities. November 7, 2008 S? ?9, L ?222? DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE V. Plaintiff, RYAN C. PIFER GINGER K. PILFER Defendant(s). TO: RYAN C. PIFER 7516 WERTZVILLE ROAD CARLISLE, PA 17015 CUMBERLAND COUNTY No. 08-5033 CIVIL TERM November 7, 2008 GINGER K. PIFER: 7516 WERTZVILLE ROAD CARLISLE, PA 17015 "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 BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. "` Your house (real estate) at, 7516 WERTZVILLE ROAD, CARLISLE, PA 17015, is scheduled to be sold at the Sheriff s Sale on MARCH 4, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $222,874.45 obtained by PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceeding 4. 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 TRACT NO. 1 ' ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of Legislative Route 21001; thence North 23 degrees 17 minutes West and along lands now or late of M. R. Wingert 582.70 feet to a point; thence North 66 degrees 43 minutes East 363.15 feet to a point; thence South along the eastern side of a 25 feet wide private right of way and along lands now or late of J. S. Sease 23 degrees 17 minutes East 538.29 feet to a point in the center of Legislative Route 21001; thence through the center of said Legislative Route South 59 degrees 49 minutes 30 seconds West 365.85 feet to a point, the place of BEGINNING. SUBJECT to a twenty-five (25) feet wide private right of way for the use of ingress and regress for properties abutting thereon, which extends along the easternmost 25 feet of the tract herein conveyed and as shown on Plot Plan recorded herewith. UNDER AND SUBJECT to restrictions set forth in Deed Book 25, Volume'B', Page 785. BEING the same property which Howard V. Shahan, single man, by deed dated March 29, 1973, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 25, Volume'B', Page 785, granted and conveyed unto Robert L. Windemaker and Betty Jane Windemaker. The said Robert L. Windemaker a/k/a Robert L. Windemaker, Sr. died on August 21, 2001, thereby vesting the entire fee ownership in his surviving spouse, Betty Jane Windemaker, grantor herein. TRACT NO.2 ALL THAT CERTAIN lot or piece of ground situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point, which point is 538.29 feet Northwest of Legislative Route No. 21001 and the Northeast corner of a private right of way; thence along land formerly of Howard Shahan., now or formerly of Robert L. Windemaker and wife, South 66 degrees 43 minutes West 363.15 feet to a point; thence North 23 degrees 17 minutes East 90 feet to a point and along land now or late of M. R. Wingert; thence South 66 degrees 43 minutes West 59.60 feet to a point; thence along land now or late of W. L. Forney, North 23 degrees 17 minutes West 150 feet to a point; thence along land now or late of J. L. Shaeffer, North 66 degrees 43 minutes East 422.75 feet to a point; thence South 23 degrees 17 minutes East 240 feet to a point, the place of BEGINNING BEING THE SAME PREMISES VESTED IN Ryan C. Pifer and Ginger K. Pifer, h/w, by Deed from Betty Jane Windemaker, aka Betty J. Windemaker, widow, dated 12/0412003, recorded 12/08/2003 in Book 260, Page 3576. PREMISES BEING: 7516 WERTZVILLE ROAD, CARLISLE, PA 17015 PARCEL NO. 21-04-0371-038 21-04-0371-042A WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-5033 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION, Uk'a CENDANT MORTGAGE CORPORATION, d/b/a ERA MORTGAGE, Plaintiff (s) From RYAN C. PIFER and GINGER K. PIFER (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 $222,874.45 L.L. $.50 Interest from 10/10/08 to 3/04/09 (per diem - $36.64) -- $5,349.44 and Costs Atty's Comm % Due Prothy $2.00 Arty Paid $170.00 Other Costs Plaintiff Paid Date: 11/10/08 ?s - Curti . Long, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG LLP ONE PENN CENTER, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale #50 On November 19, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Middlesex Township, Cumberland County, PA Known and numbered as 7516 Wertzville Road, Carlisle more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 19, 2008 B Real Estate ge" g rgeea"n?t hZ :E d Z I AON 8001 !V d?i?S PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1!.784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 30, February 6, and February 13, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa Ma ie Coyne Editor SWORN TO AND SUBSCRIBED before me this 13 day of February 13 2009 Notary NOTARIAL SEAL D B03AH A COLLINS Notary Public CARLISLE BORO, CUMIBERL4ND CO!-lk'h! My Commission Expires Apr 28, 2010 REAL ESTATE SALE NO. 50 Writ No. 2008-5033 Civil PHH Mortgage Corporation f/k/a Cendant Mortgage Corporation d/b/a Era Mortgage VS. Ryan C. Pifer and Ginger K. Pifer Atty.: Daniel Schmieg LEGAL DESCRIPTION TRACT NO. 1 ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of Legislative Route 21001; thence North 23 degrees 17 minutes West and along lands now or late of M. R. Wingert 582.70 feet to a point; thence North 66 degrees 43 minutes East 363.15 feet to a point; thence South along the eastern side of a 25 feet wide private right of way and along lands now or late of J. S. Sease 23 degrees 17 minutes East 538.29 feet to a point in the center of Legisla- tive Route 21001; thence through the center of said Legislative Route South 59 degrees 49 minutes 30 seconds West 365.85 feet to a point, the place of BEGINNING. SUBJECT to a twenty-five (25) feet wide private right of way for the use of ingress and regress for properties abutting thereon, which extends along the easternmost 25 feet of the tract herein conveyed and as shown on Plot Plan recorded herewith. UNDER AND SUBJECT to re- strictions set forth in Deed Book 25, Volume `B', Page 785. BEING the same property which Howard V. Shahan, single man, by deed dated March 29, 1973, ana re- corded in the office of the Recorder of Deeds in and for Cumberland County in Deed Book 25, Volume `B', Page 785, granted and conveyed unto Robert L. Windemaker and Betty Jane Windemaker. The said Robert L. Windemaker a/k/a Robert L. Windemaker, Sr. died on August 21, 2001, thereby vesting the entire fee ownership in his surviving spouse, Betty Jane Windemaker, grantor herein. TRACT NO. 2 ALL THAT CERTAIN lot or piece of ground situate in Middlesex Town- ship, Cumberland County, Penn- sylvania, bounded and described as follows: BEGINNING at a point, which point is 538.29 feet Northwest of Legislative Route No. 21001 and the Northeast corner of a private right of way; thence along land formerly of Howard Shahan, now or formerly of Robert L. Windemaker and wife, South 66 degrees 43 minutes West 363.15 feet to a point; thence North 23 degrees 17 minutes East 90 feet to a point and along land now or late of M. R. Wingert; thence South 66 degrees 43 minutes West 59.60 feet to a point; thence along land now or late of W. L. Forney, North 23 degrees 17 minutes West 150 feet to a point; thence along land now or late of J. L. Shaeffer, North 66 degrees 43 minutes East 422.75 feet to a point; thence South 23 degrees 17 minutes East 240 feet to a point, the place of BEGINNING BEING THE SAME PREMISES VESTED IN Ryan C. Pifer and Gin- ger K. Pifer, h/w, by Deed from Betty Jane Windemaker, aka Betty J. Windemaker, widow, dated 12/04/ 2003, recorded 12/08/2003 in Book 260, Page 3576. PREMISES BEING: 7516 WERTZ- VILLE ROAD, CARLISLE, PA 17015. PARCEL NO. 21-04-0371-038 21- 04-0371-042A. The Pzatriot-News Co. 812 Market St., Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the Patr1*0t'WXfW5 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: REAL ESTATE SALE NO. 50 01/21/09 Writ No. 2008-5033 Civil Term PHH Mortgage Corporation Vida 01/28/09 Cendant Mortgage Corporation d1b1a Era Mortgage 02/04/09 VS Ryan C. Pifer and Ginger K. Pifer Attorney Daniel Schmieg LEGAL DESCRIPTION TRACTNO.I Sworn to and cribeZbe?foreme this 25 day of February, 2009 A.D. ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows: - ?' BEGINNING at a point in the center of Notary Public Legislative Route 21001; thence North 23 degrees 17 minutes West and along lands now or late of M. R. Wingert 582.70 feet to a point; thence North 66 degrees 43 minutes East 363.15 G0MM,0NIlVI A!_,"H OF PENN SYLVAN A feet to a point; thence South along the eastern Nola-i.,Il Seal side of a 25 feet wide private right of way and Shenie L. R+sra,, Nr)tary Public along lands now or late of J. S. Sease 23 degrees CRY Of Hamsb'= ri;, Dauphin County 17 minutes East 538.29 feet to a point in the My Corrattissior. Expires Nov. 26, 2M f center of Legislative Route 21001; thence -a- through the center of said Legislative Route Member. PennSyla,r_ ''ssociatlon of Notaries South 59 degrees 49 minutes 30 seconds West 365.85 feet to a point, the place of BEGINNING. SUBJECT to a twenty-five (25) feet wide private right of way for the use of ingress and regress for properties abutting thereon, which extends along the easternmost 25 feet of the tract herein conveyed and as shown on Plot Plan recorded herewith. UNDER AND SUBJECT to restrictions set forth in Deed Book 25, Volume `B', Page 785. BEING the same property which Howard V. Shahan, single man, by deed dated March 29, 1973, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 25, Volume `B', Page 785, granted and conveyed unto Robert L. Windemaker and Betty Jane Windemaker. The said Robert L. Windemaker a/k/a Robert L. Windemaker, Sr. died on August 21,2001, thereby vesting the entire fee ownership in his surviving spouse, Betty Jane Wmdemaker, grantor herein. TRACT NO.2 ALL THAT CERTAIN lot or piece"of ground situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point, which point is 538.29 feet Northwest of Legislative Route No. 21001 and the Northeast coma of a private right of way; thence along land formerly of Howard Shahan, now or formerly of Robert L. Windemaker and wife, South 66 degrees 43 minutes West 363.15 feet to a point; thence North 23 degrees 17 minutes East 90 feet to a point and along land now or late of M. R. Wingert; thence South 66 degrees 43 minutes West 59.60 feet to a point; thence along land now or late of W. L. Forney, North 23 degrees 17 minutes West 150 feet to a point; thence along land now or late of J. L. Shaeffer, North 66 degrees 43 minutes East 422.75 feet to a point; thence South 23 degrees 17 minutes East 240 feet to a point, the place of BEGINNING BEING THE SAME PREMISES VESTED IN Ryan C. Pifer and Ginger K. Pifer, h/w, by Deed from Betty Jane Wmdemaker, aka Betty J. Wrndemaker, widow, - dated 12104/2003, recorded 12108/2003 in Book 260, Page 3576. PREMISES BEING: 7516 WERTZVILLE ROAD, CARLISLE, PA 17015 PARCEL NO. 21-04-0371-038 21-04-0371- 042A