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HomeMy WebLinkAbout09-1662J/ LAW OFFICES OF JEFFREY N. GERMAN BY: JEFFREY N. GERMAN, ESQUIRE Identification No.: 44037 Blason IV - Suite 204 513 South Lenola Road Moorestown, NJ 08057 (856) 727-9915 JOSEPH R. CRAMER Plaintiff, V. TRAVIS L. MELLINGER and DARLENE MELLINGER Defendants Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL TERM NO.: Qq- I tity ?- CIVIL ACTION RESIDENTIAL MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN 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 FALL 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 OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 LAW OFFICES OF JEFFREY N. GERMAN BY: JEFFREY N. GERMAN, ESQUIRE Identification No.: 44037 Blason IV - Suite 204 513 South Lenola Road Moorestown, NJ 08057 (856) 727-9915 JOSEPH R. CRAMER Plaintiff, V. TRAVIS L. MELLINGER and DARLENE MELLINGER Defendants Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL TERM NO.. rl?r 1??7 CIVIL ACTION RESIDENTIAL MORTGAGE FORECLOSURE COMPLAINT Plaintiff, Joseph R. Cramer, by his attorneys, the Law Offices of Jeffrey N. German avers the following in support of his Complaint against the defendants pursuant to Pa.R.Civ.P. No. 1141 et seq.: 1. The Plaintiff is Joseph R. Cramer, an adult individual having a postal address of P.O. Box 43, Lanoka Harbor, New Jersey 08734-0043 (the "Mortgagee" hereinafter). 2. The Defendant, Travis L. Mellinger, is an adult individual, whose last known address is 298 Creek Road, Newville (Cumberland County), Pennsylvania 17241, and is the mortgagor and real owner or the premises hereinafter described. 3. The Defendant, Darlene F. Mellinger, is an adult individual, whose last known address is P.O. Box 133, Harrisburg, Pennsylvania 17108-0133. 4. Travis L. Mellinger and Darlene F. Mellinger are hereinafter collectively referred to as the Defendants. On or about March 23, 2005, Defendants borrowed from and agreed to repay to Mortgagee the sum of $103,729.50 ("Loan"). As security for the Loan, Defendants executed and delivered to Mortgagee a mortgage ("Mortgage") on that tract of land together with the buildings and improvements erected thereon located in West Pennsboro Townshipb Cumberland County, Pennsylvania known as 298 Creek Road, Newville, Pennsylvania 17241,; and more particularly described in the attached exhibits (the "Property"). At all times relevant hereto, Defendants were and remain the record and sole owners of the Property. A copy of the Mortgage is attached hereto as Exhibit "A." 6. On March 30, 2005, the Mortgage was recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1901, Page 3762. 7. The Mortgage was never assigned by Mortgagee and is still held by him as a valid and subsisting obligation of Defendants. A Note was prepared at the same time as the Mortgage, and, on information and belief, was signed by Defendants at the same time of the Mortgage. 9. Under the terms and conditions of the Note, Defendants agreed to make monthly payments to Mortgagee in the amount of $556.84, beginning on April 23, 2005, and continuing on the 23rd day of each month thereafter. 10. Defendants are in default because payments of principal and interest due July 23, 2005, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collections including title search fees and reasonable attorney's fees pursuant to the terms and conditions of the Modified Note. 11. Defendants are presently indebted to Mortgagee, as of Mar h 5, 2008, in the I amount of $154,379.64, itemized as follows: Principal Balance $103,479.70 Interest to and including March 5, 2009 and accruing at $14.37 per diem thereafter $ 20,190.88 Late Charges to and including March 5, 2009 and accruing at $27.84 per month thereafter $ 1,252.87 Escrow Advances of October 5, 2005 ($1,525.22) and May 29, 2007 ($330.12) $ 1,855.34 Payment of taxes on February 24, 2008 $ 7,464.3 8 Attorney Fees (15%) $ 20,136.47 TOTAL DUE $154,379.64 12. Defendants also agreed under the terms of the Mortgage that in the event of default, they would pay, in addition to the charges listed in the preceding paragraph, costs incurred by Mortgagee as a result of the institution of the instant legal proceeding. 13. The obligation owed by Defendant to Mortgagee continues to accrue interest thereon at the rate of $14.37 per day, through the date of payment, including on and after the entry of judgment on this Complaint, and continues to accrue late charges, insurance charges and attorneys' fees. 14. In accordance with the Homeowners' Emergency Mortgage Assistance Act, Act of December 23, 1983, P.L. 385, No. 91, 35 P.S. Section 1680.401c, et seq., an Important Notice to Homeowners was forwarded to Defendant on January 2, 2009. In accordance with Act 6 of 1974, a Notice of Intent to Foreclose and of Defendants' rights under said;Act was also forwarded to Defendant on January 2, 2009. The Notices were sent first class mail, postage-prepaid and certified mail, RRR, addressed to Defendants. Copies of the Certificates lof Mailing are attached hereto as Exhibit "B." 15. Due to a delinquency of more than twenty-four months, such Notices were likely not required by law; nonetheless, subsequent to the transmission of the Notices, the Defendants have failed to fully pay all sums due under the Note and Mortgage had no acceleration occurred, as set forth in the Loan Documents and the Notices. WHEREFORE, Plaintiff, Joseph R. Cramer demands judgment against Travis L. Mellinger and Darlene F. Mellinger, Defendants in the amount of $154, 179.64, plus interest at the rate of $14.37 per day, through the date of payment, including on andl after the date of entry of judgment, and costs and any other relief as might be just and appropriate, and for foreclosure and sale of the mortgaged property. BI DATED: March 16, 2009 LAW OFFICES OF JEFFREY N. GERMAN VERIFICATION I Joseph R. Cramer, plaintiff in this matter, hereby verify that the allegations of fact contained in the foregoing are true and correct to the best of my personal 6owledge or information and belief. This verification is made subject to the penalties of 18 PA C.S. § 4904 relating to unsworn falsification to authorities. J eph R. Cramer DATE: yJ Z 0 6 7 EXHIBIT "A" - l-! INDENTURE OF MORTGAGE THIS INDENTURE made the 23rd day of March, X005, between Travis L. Mellinger and Darlene F. Mellinger of 298 Creek Road, Newville Pennsylvania, hereinafter called ("Mortgagor") and Joseph R. Cramer, of Lanolka Harbor, New Jersey, hereinafter called ("Mortgagee"). WHEREAS, Mortgagor, in and by a certain obligation or writing obligatory, under their hands and seals, duly executed and bearing even date herewith, stands bound unto Mortgagee in the sum of One Hundred Three Thousand Seven Hundred Twenty-Nine and 50/100 Dollars ($103,729.50) conditioned fort the payment of the just and full sum of One Hundred Three Thousand Seven Hundred wenty-Nine and 50/100 Dollars, ($103,729.50) together with the premiums of insurance, jtaxes, ground rents, water rents, municipal assessments and charges from time to time assessed against or upon the hereinafter described mortgaged premises, without any fraud or further delay, as in and by the said recited obligation and the condition thereof jrelation to the same being had, may more fully and at large appear, and in case of default in payment, as aforesaid, shall also pay all cost, fees and expenses of collecting the same including an attomey's commission of five (5%) percent. NOW, THIS INDENTURE WITNESSETH, that Mortgagor, as well for and in consideration of the aforesaid debt or sum of One Hundred Three Thousand Seven Hundred Twenty Nine and 50/100 Dollars ($103,729.50), and for the better securing the payment thereof unto Mortgagee, their heirs, executors, administrators and assigns, in discharge of the said obligation above recited, as for and in consideration of the further sum of one dollar in specie, well and truly paid to Mortgagor, by Mortgagee, at and before the ensealing and delivery hereof, the receipt of which one dollar is hereby acknowledged, has granted, bargained, sold, released and confirtmed, and by these presents does grant, bargain, sell, release and confirm unto Mortgagee, their heirs, executors, administrators and assigns, more fully described in Exhibit A, attached hereto and incorporated herein by reference: TOGETHER with all and singular the buildings, implrovements, woods, ways, rights, liberties, privileges, hereditaments, and appurtenances to the same belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof. To have and to hold the said hereditaments and premises above granted, or intended so to b with the appurtenances, unto Mortgagee, their heirs, executors, administrators and assigns, forever. AND it is f, rhher understood and agreed that Mortgagor, their heirs,- executors, administrators and assigns, will pay all taxes, municipal assessments and charges from time to time assessed against or upon said mortgaged premises forthwith lien tis- same become due and payable, an." will keep the buildings erected upon the -, n --. . o f b said premises insured in some good and reliable fire insurance company or companies licensed to transact business in the Commonwealth of Pennsylvania, in the amount of at least One Hundred Three Thousand Seven Hundred Twenty-dine and 50/100 Dollars ($103,729.50), and shall take no insurance upon said buildings not marked for the benefit of the Mortgagee, and the policy or shall be delivered to and held by Mortgagee, their heirs, executors, administrators or assigns, as collateral security for the payment of moneys secured hereby, and in case said party of the first part, their heirs, executors, administrators or assigns, shall neglect to procure such insurance, or shall neglect to pay said taxes, municipal assessments and changes forthwith when the same become due and payable, Mortgagee, their heirs, executors, administrators or assigns, may take out such policy or policies in their own names; and may pay such taxes, municipal assessments and charges, and the premium or premiums paid therefor, and the sum or sums paid for such taxes, municipal assessments and charges as aforesaid, shall bear interest from time of payment, and be added to collected as part of the said principal sum and in the same manner. AND is further agreed and understood, that in case default be made at any time in the payment of the principal debt or any installment of principal debt or lr;i::1 Ost; cr any part thereof, or of any taxes, municipal assessments, charges or premiums of insurance aforesaid, for thirty (30) days after the same falls due as aforesaid. the whole of the said debt and interest and additions thereto as aforesaid ^c vl?iiriri of. 'oriragee, their heirs, executors, administrators or assigns, beccime due and payable forthwith; and hereupon an action or mortgage foreclosure as ncii 13rovidleJ b_ Pennsy!vania Procedural Rules 1141 to 1148, both inclusive, or other - - +yi1: 1`Jy;:l .'j YYVV.Ii?.IYG.' lllYr• ;;c i,eiit.-..-a-T,,pr prescribed ...j;.:, ... ?.:. ?... ?.?, f=... p by iaw, may forthwith be ct7n?meni,ed and prosecuted to judgment, execution and sale, for the collection of the Yl+i„ iL-' i`i! iz- `ai(S r'I.u":l' 7rf-{ i '1r_rr-Q-T rprn fning unaai tn{yQthar ytJ[+ i pr, . -...a- 3z- :fir tr,ciaranrQ and -,!!taxes. municipal assessments and charges, and;; fees, costs and expenses of such proceedings. including attorney's commission of fide nnri nil .-rrrrz in cairr4 r?rnrcoviinng ?^^o+F,o. yY,i+l, ?N +-+r, _ or e><emipt nI i+itr"1 ex5isLi-ofi nr --x'P t,-tjn o iimea ?I r)?yrrlenj'Nr!11-ch may be gill-n f- any Act or Acts of Assembly now in force. cr which . !av_ h? ,?r lay t =d here _._'tar arL PpoiniED PCOI_Ali=;./PIP Rt1C?.11=?+'T? ?Gl ? ? 4-+ ?.: paid lrto !-,,a, their heirs, executors, auiili!listraturs or as.5-s, the a oresaid • -?' --?•'?•`•"' "' """^°'•^•,? ??++, v,. iruiitii vY.t :.??y :.1 iii'-i?tiil ii.: M1.LI!\.i JVi`iVV a . _- ? - - . i iu VU/ i vv uvild; '7 VI i i3 iC E:ldy i fci Cf! iUCl UI C f f 1Cf 1t1Uf iivti cif ltl dU[3c7jirlfE?f3 Tor !.!-le patfrlle(?j Thereof' together with lawful interest for the same' and premiums of insurance v,Gaut.1 cr1. •-J.;ii..At ,:Y?.,a - _ _. _ _ _ ,?cz x ?! i iC! et a! to ui !ai JCS, of ! 11!<ty 1 t'Uj 'CV !tl Ll 1C ?1, a arlU =fir{-! i e.x-" c•-i t>~lrii.r?f± tiRY r±(_i7{h?•i? Mart?'fJ'1r %A•lltl!l{iP 'air%%i trni iri nr #t lr? any de-duction, defalcation or abatement to be made, for or in re_-?.pect of anv taxes. present Indenture, and the estate hereby granted, as the said obligation above recited, shall cease, determine and become absolutely null and void to all intents and purposes, anything hereinbefore contained to the contrary thereof in any wise notwithstanding. Mortgagor agrees not to transfer title, legal or equit ble, unless Mortgagee consents in writing to such transfer. This provision is for prevenng Agreements of Sale for purposes other than passing legal title within 180 days of signing said Agreement of Sale. IN WITNESS WHEREOF, Mortgagor have hereuntlo set theirs hands and seals, the day and year first above written. Signed, Sealed and Delivered in the Presence of (SEAL) Travis L. Melling r (SEAL) Darlene F. Mellinoer.?)' COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this,,the ; 3"'_! day of , 2005, before me, the undersigned officer, personally appeared Travis L. Mellinger and Darlene F. Mellinger, known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged that he/she/then executed the the purposes therein contained. tine V I I NESS vvrIEREVF. 1 hereunto set my hand and official seal. NV aai y ublie EALTH Of Nnf'11# Sc-n$ I Atri' cY.t L. risnet. ??•i.:rv Y,...:. ! Lkil'Ii"1L S3(i!'U, '_.i??i?U 1 My Co mission EXDiresAor. 17. 2006 1 Member, Pennsylvania Association of Notaries ".i5 ? t? 3 T?' rF f e -< ! # i :? j tom} I do hereby certify that the precise residence and address of the within Mortgagee is P.O. Box 43, Lanoka, New J? March 23, 2005. ate post office 08734. Attorney f fir Mortgagee amanda/reaUmortgages/f n is hed/mellinger.mort Lif (? t ± -'+j ir?1 r "I +1 " 0, ALL THAT CERTAIN tract of ground situate in West Pennsboro Township, Cumberland County, Pennsylvania, known as Lot No. 2 on the Final Subdivision Plan for D. Frank Mellinger, prepared by Stephen G. Fisher, R.S., dated May 20, 1983, being known and numbered as 298 Creek Road, Newville, Cumberland County, nd more fully bounded and described as follows: BEGINNING at a point in the centerline of the dedicated right-c 427) at lands now or formerly of the Pennsylvania Turnpike Co lands now or formerly of the Pennsylvania Turnpike Commissic minutes 33 seconds East, 336.64 feet to an iron pin; thence al( formerly of D. Frank Mellinger and Ruth M. Mellinger, South 50 seconds West, 272.20 feet to an iron pin; thence along same, Ent ies 34 seconds West, 248.16 feet to a point in the centedii pence Wong said centerline, worth 34 degrees 08 minutes 34 feet to a point, the place of BEGINNING. CONTAINING 1.096 acres. way of Creek Road (T- mission; thence along , North 86 degrees 43 g lands now or egrees 17 minutes 50 ?uth 84 degrees 41 of Creek Road; conds East, 214.59 BEING the same premises which Kirk E. Jacobs and Linda F. Jacobs, husband and wife and Richard L. Mellinger and Sharon E. Mellinger, husband and wife, by Deed i-+atQcA ???r4 rar-rwr4e d mwczZ d.?.ite herewith, granted and conveyed unto Travis L. 1"Oeilinger 'Da ema . Nro!ifnage:, Mortgagors herein. -v ii?v T ? ! (;jttf { .ti'` EXHIBIT "B" m C3 HAObIF110 u7 Postage O C3 Certtled Fee O 0 (End:::;ReQ ) C3 Restricted Delh.ry Fee (Endorsement Required) f-9 m Total Postage & Fees m o a N PO B ox or o. ------------------ -Q. :rr .. U.S. Plostal r%- CERTIFIE m C31 ,. m ru 0 N Postage O C3 Certified Fee O C3 Return RI`- Fee (Endorsement Required) C3 Res Mcted Delivery Fee ? (Endorsement Required) m Total Postage & Fees m G r Top (a-A a?. n IN C3 ,• • m ru • , rn, Ln C3 o Q Postage S o C3 Card Fee O 0 Return Redept Fee (Endorsement Required) Restricted DeWm Fee (Endorsement Required) r-I m Total Postage & Fees m O entTo o ? ._ Nc.; Poetrnark? Here 01/02/2009 23 Pbetaerlr Here 01!02!2009 ¦ Complete items 1, 2, and 3. Also complete Aitem 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailplece, lr= or on the front if space permits. ?. o. c3ox l 3? --?Lea , 2. Article Number (/hs Ww from service /abed 2. Article Number (Transfer fmm service k"O - Ps Form 3811, February 2004 Domestic Return Receipt ¦ Complete items 1, 2, and 3. Also complete Item 4 N Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the maiipiece, or on the front if space permits. - ---------------- Addressed to: Ira S l _ ell' e r l ei VIP, PS Form 3811, February 2004 ¦ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can retum the card to you. ¦ Attach this card to the back of the malipiece, or on the front if space permits. 1. Article Addressed to: Ir??s C_ Mehl ? ass Ou-1-c ova c-7acl A. Signature C. Date of Delivery i item 1? ? Yes elow. ? No Q, . Z. I M59542-Wl W Y ? X =(PdnWAAw*) ? AAgent B. Receivedby- C. T D. Is delivery tem 1 If YES, delivery address below: ? No 3. ServiceifleType d Mail ? Express Mail d l ( ?1 Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4, Restricted /Extra Fee) ? Yes 2. Article Number (Transfer from service IabeQ 7003 3110 0000 7502 3051 PS Form 3811, February 2004 Domestic Rehm Receipt 102595-024M-1 5ao D. Is del' If YES, eiiv 3. Service ? COM 110d Mail ?? I Mali ? RetumC.O.D.Receipt for MW drandise 4• Delivery/) (Exits Fee) ? Yee 7003 3110 000 7502 3044 Domestic Return Receipt 102595.0244-1540 A. _ Y A ? Agent ? Addressee B. Received by (Printed haute) C. a kfylivery D. Is d address dl8e6ntfrbm item 1 Yes If YES, or ter delivery address below: ? No 3. Service T pe ? Mail ? Express Mail ? Reg, ? Return Receipt for Merdwidlee ? insu MCI ? C.O.D. 4. RestActed De9very9 (Extra Feel ? Yes 7003 3110 000017502 3037 TF, Q fj 4y n Sheriffs Office of Cumberland County R Thomas Kline $ rjr at cumb"',f? Edward L Schorpp Sheri Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFF,cE OF THE $RERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/27/2009 12:47 PM - Tim Reitz, Corporal, who being duly sworn according to law, states that on March 27, 2009 at 1247 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within name. defendant, to wit: Travis L. Mellinger, by making known unto himself personally, defendant at Sheriffs Offi( One Courthouse Square, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.92 March 30, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF ty Sheri Docket N. 2009-1662 Joseph R. Cramer v Travis L. Mellinger OF 44MWO. MAR-1 PM *27 1 Cpl LAW OFFICES OF JEFFREY N. GERMAN BY: JEFFREY N. GERMAN, ESQUIRE Identification No.: 44037 Blason IV - Suite 204 513 South Lenola Road Moorestown, NJ 08057 (856) 727-9915 JOSEPH R. CRAMER Plaintiff, V. TRAVIS L. MELLINGER and DARLENE MELLINGER Defendants Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL TERM NO.: 09 - 1662 ACCEPTANCE OF SERVICE I accept service of the Complaint on behalf of Darlene Cramer, (formerly Darlene F. Mellinger), and certify that I am authorized to do so. DATE: '0?C/ ' Darlene F. Cramer P.O. Box 133 Harrisburg, PA 17108 -)F THIF Pr"' 7ARY 2009 APR -6 P 2: 59 CV Li4. , i ` . ' UN t PErNNSYLVAN A LAW OFFICES OF JEFFREY N. GERMAN BY: JEFFREY N. GERMAN, ESQUIRE Identification No.: 44037 Blason N -Suite 204 513 South Lenola Road Moorestown, NJ 08057 (856) 727-9915 JOSEPH R. CRAMER v. Plaintiff, TRAVIS L. MELLINGER and DARLENE MELLINGER Defendants TO THE PROTHONOTARY: Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL TERM NO.: 09 - 1662 Please enter a default judgment and judgment of foreclosure in favor of Plaintiff, Joseph R. Cramer, and against Defendant, Travis L. Mellinger, for failure to answer or otherwise respond to the Complaint. In support thereof, plaintiff avers: 1. The Complaint was served upon Travis L. Mellinger by the Sheriff on March 27, 2009. A copy of the Sheriff's Return of Service is attached hereto as Exhibit "A." 2. A Notice of Praecipe to Enter Default Judgment, pursuant to Pa.R.C.P. 237.1(2) was served upon Defendant by regular mail on May 18, 2009, more than 10 days before this Praecipe was filed. A copy of the Notice is attached hereto as Exhibit "B." 3. A copy of the Certification of Service of the Notice is attached hereto as Exhibit "C." Pursuant to the Notice and Certification, Defendant had 10 days in which to answer the Complaint. The ten (10) day period expired on May 29, 2009. 4. Enter Judgment of Foreclosure and assess damages in the principal amount of $154,379.64, being the amount demanded in the Complaint, together with interest in the amount of $14.37 per day from March 16, 2009 through the date of judgment. LAW OFFICT,S OF JEFFREY N. GERMAN BY: N. German, Esquire LAW OFFICES OF JEFFREY N. GERMAN BY: JEFFREY N. GERMAN, ESQUIRE Identification No.: 44037 Blason IV -Suite 204 513 South Lenola Road Moorestown, NJ 08057 (856)727-9915 JOSEPH R. CRAMER Plaintiff, v. TRAVIS L. MELLINGER and DARLENE MELLINGER Defendants TO THE PROTHONOTARY: Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL TERM NO.: 09 - 1662 Please enter a default judgment and judgment of foreclosure in favor of Plaintiff, Joseph R. Cramer, and against Defendant, Darlene F. Cramer (formerly Darlene F. Mellinger), for failure to answer or otherwise respond to the Complaint. In support hereof, plaintiff avers: 1. The Complaint was served upon Darlene F. Cramer (formerly Darlene F. Mellinger) by certified mail on March 26, 2009. A copy of the Ms. Cramer's Acceptance of Service is attached hereto as Exhibit "A." 2. A Notice of Praecipe to Enter Default Judgment, pursuant to Pa.R.C.P. 237.1(2) was served upon Defendant by regular mail on May 18, 2009, more than 10 days before this Praecipe was filed. A copy of the Notice is attached hereto as Exhibit "B." 3. A copy of the Certification of Service of the Notice is attached hereto as Exhibit "C." Pursuant to the Notice and Certification, Defendant had 10 days in which to answer the Complaint. The ten (10) day period expired on May 29, 2009. 4. Enter Judgment of Foreclosure and assess damages in the principal amount of $154,379.64, being the amount demanded in the Complaint, together with interest in the amount of $14.37 per day from March 16, 2009 through the date of judgment. LAW OFFICES BY: JEFFREY N. GERMAN Esquire M ~~ EXHIBIT A Sheriff s Office of Cumberland County R Thomas Kline co~~„n, of Lnu~G~r~~frb Edward L Schorpp Solicitor Sheriff ~. a'~~t'. ~'?~ Ronny R Anderson '' `"" Jody S Smith ChiejDeputy Vr~II.E'JF TM~ SH~P.IFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/27/2009 12:47 PM -Tim Reitz, Corporal, who being duly sworn according to law, states that on March 27, 2009 at 1247 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within name defendant, to wit: Travis L. Mellinger, by making known unto himself personally, defendant at Sheriff's Offi~ One Courthouse Square, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.92 SO ANSWERS, March 30, 2009 R THOMAS KLINE, SHERIFF ~~ C._- __ r~ ~. ~ Det uty Sheri Docket N. 2009-1662 Joseph R. GYamer v Travis L, Mellinger LAW OFFICES OF JEFFREY N. GERMAN BY: JEFFREY N. GERMAN, ESQUIRE Identification No.: 44037 Blason IV -Suite 204 513 South Lenola Road Moorestown, NJ 08057 (856) 727-9915 JOSEPH R. CRAMER Plaintiff, v. TRAVIS L. MELLIIv`GER and DARLENE MELLINGER Defendants Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL TERM : NO.: 09 - 1662 ACCEPTANCE OF SERVICE I accept service of the Complaint on behalf of Darlene Cramer, (formerly Darlene F. Mellinger), and certify that I am authorized to do so. DATE: - '~(~ ~,{J Darlene F. Cramer P.O. Box 133 Harrisburg, PA 17108 ~ N ~1'~ f.; F ~ ~{ . -w ~: v ~ ' -C` ~ ~ ;~ J ~1 -- !v _. ~ ~ ~ . ~ ; ut tQ ..C II \~ EXHIBIT B LAW OFFICES JEFFREY N. GERMAN BLASON N -SUITE 204 513 SOUTH LENOLA ROAD MOORESTOWN, NEW JERSEY 08057 MEMBER NEW JERSEY & TELEPHONE: (856) 727-9915 PENNSYLVANIA BARS FACSIMILE: (856) 727-9914 j oPrman~ iaermanlaw.com May 18, 2009 Travis L. Mellinger Darlene F. Mellinger 255 Creek Road P.O. Box 133 Newville, PA 17241 Harrisburg, PA 17108 Travis L. Mellinger 298 Creek Road Newville, PA 17241 RE: Notice Of Intention To Take Default Dear Mr. Mellinger and Ms. Mellinger: Enclosed is a notice pursuant to Pa. R.Civ.P. Nop. 237.1. JNG/ Enclosures cc: Joseph R. Cramer, w/ encl. OUR F[LE NO.: 150-11 LAW OFFICES OF JEFFREY N. GERMAN BY: JEFFREY N. GERMAN, ESQUIRE Identification No.: 44037 Blason TV -Suite 204 513 South Lenola Road Moorestown, NJ 08057 (856)727-9915 JOSEPH R. CRAMER Plaintiff, v. TRAVIS L. MELLINGER and DARLENE MELLINGER Defendants TO: Travis L. Mellinger 298 Creek Road Newville, PA 17241 DATED: May 1 S, 2009 Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL TERM NO.: 09 - 1662 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 LAW OFFICES OF JEFFREY N. GERMAN :,, BY: ~ - -` Je, N ernaan, Esquire ~~ ;, LAW OFFICES OF JEFFREY N. GERMAN BY: JEFFREY N. GERMAN, ESQUIRE Identification No.: 44037 Blason IV -Suite 204 513 South Lenola Road Moorestown, NJ 08057 (856)727-9915 JOSEPH R. CRAMER Plaintiff, v. TRAVIS L. MELLINGER and DARLENE MELLINGER Defendants TO: Darlene F. Mellinger P.O. Box 133 Harrisburg, PA ] 7108 DATED: May 18, 2009 Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL TERM NO.: 09 - 1662 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 LAW OFFICES OF JEFFREY N. GERMAN Je,~frey N: German, Esquire LAW OFFICES OF JEFFREY N. GERMAN BY: JEFFREY N. GERMAN, ESQUIRE Identification No.: 44037 Blason IV -Suite 204 513 South Lenola Road Moorestown, NJ 08057 (856)727-9915 JOSEPH R. CRAMER Plaintiff, v. TRAVIS L. MELLINGER and DARLENE MELLINGER Defendants TO: Travis L. Mellinger 255 Creek Road Newville, PA 17241 DATED: May 18, 2009 Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL TERM NO.: 09 - 1662 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 LAW OFFICES OF JEFFREY N. GERMAN ,- /r 1 r~~l_„__.__._~.. BY: ~~` J rey ~1. German, Esquire ~,. ii ~~ EXHIBIT C LAW OFFICES OF JEFFREY N. GERMAN ' BY: JEFFREY N. GERMf1N, ESQUIRE Identification No.: 44037 Blason N -Suite 204 513 South Lenola Road Attorney for Plaintiff Moorestown, NJ 08057 (856) 727-9915 JOSEPH R. CRAMER COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY v. CNIL TERM TRAVIS L. MELLINGER and NO.: 09 - 1662 DARLENE MELLINGER ' . Defendants CERTIFICATION OF SERVICE I hereby certify that a Notice of Intention to Take Default pursuant to Pa.R.Civ.P No. 237.1 was served on May 18, 2009 by first class mail, postage pre-paid, upon: Travis L. Mellinger 298 Creek Road Newville, PA 17241 Travis L. Mellinger 255 Creek Road Newville, PA 17241 Darlene F. Mellinger P.O. Box 133 Harrisburg, PA 17108 LAW OFFICES OF JEFFREY N. GERMAN LAW OFFICES OF JEFFREY N. GERMAN BY: JEFFREY N. GERMAN, ESQUIRE Identification No.: 44037 Blason N -Suite 204 513 South Lenola Road Moorestown, NJ 08057 (856) 727-9915 JOSEPH R. CRAMER Plaintiff, v. TRAVIS L. MELLINGER and DARLENE MELLINGER Defendants Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL TERM NO.: 09 - 1662 AFFIDAVIT OF NON-MILITARY SERVICE STATE OF NEW JERSEY COUNTY OF BURLINGTON ss. Jeffrey N. German, Esquire, being duly sworn according to law, deposes and says: that he is counsel for plaintiff; that he is authorized to make this affidavit on behalf of plaintiff; that defendant, Travis L. Mellinger, resides at 298 Creek Road, Newville, PA 17241 and/or 255 Creek Road, Newville, PA 17241; and that Travis L. Mellinger is not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Service Members Civil Relief Act of 2003 and the amendments thereto. fi?'~ 11 N. GERMAN, ESQUIRE Sworn to and subscribed before me this 22t'' day of, ~,~ne, 2009 ~~ ~, Notary blic ~JZABETH S. C~ERAIAN I~OfAR1f P1~lCO~NEiN~ L°s1 LAW OFFICES OF JEFFREY N. GERMAN BY: JEFFREY N. GERMAN, ESQUIRE Identification No.: 44037 Blason IV -Suite 204 513 South Lenola Road Moorestown, NJ 08057 (856) 727-9915 JOSEPH R. CRAMER Plaintiff, :. v. , TRAVIS L. MELLINGER and DARLENE MELLINGER Defendants Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL TERM ~NO.: 09 - 1662 AFFIDAVIT OF NON-MILITARY SERVICE STATE OF NEW JERSEY COUNTY OF BURLINGTON ss. Jeffrey N. German, Esquire, being duly sworn according to law, deposes and says: that he is counsel for plaintiff; that he is authorized to make this affidavit on behalf of plaintiff; that defendant, Darlene F. Cramer (formerly Darlene Mellinger), resides at P.O. Box 133, Harrisburg, PA 17108; and that Darlene F. Cramer (formerly Darlene Mellinger) is not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Service Members Civil Relief Act of 2003 and t} Sworn to and subscribed before me this St`' day of J .ate, 2009 _- o Notary blic ~p~K~O~ Conmi~on 1?/~11 ~ILFD-+~?~r~CE OF THE N;''~T4.~~~tiiTr'tf?Y 20Q~ J~.~~ ?0 ,~~~ Q. ~~ ~, ~,~ : ,, ~t~.oo P~ A'r'M C'-IC.`~ ltd <~#' ~'1 ~ aa73'19 ~~ , NC~kceR, ~~-c~ ~!'~•oo PQ Am! Gl,~ 1030 /~~a\ ~aah~ MI5 ` // C t F:IFILES\Clients113949 Cramer\13949.1.pra2 Hubert X. Gilroy, Esquire I.D. No. 29943 R. Christopher VanLandingham, Esquire I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff FILED-OFTE 10 SEP 13 Phi u: 13 CUNVE? ;, 00UNTY PENNSYLVANIA .?yDd pd ` ?W/G7 JOSEPH R. CRAMER IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. TRAVIS L. MELLINGER and NO. 09-1662 CIVIL TERM DARLENE MELLINGER Defendants, CIVIL ACTION - LAW PRAECIPE FOR WRIT OF EXECUTION UPON A DEFAULT JUDGMENT To the Prothonotary: Please issue writ of execution upon a judgment entered by default in the above matter, (1) directed to the Sheriff of Cumberland County, Pennsylvania; (2) against Defendants Travis L. Mellinger and Darlene Cramer Vn/a Darlene Mellinger; (3) and enter this writ in the judgment index against Defendants Travis L. Mellinger and Darlene Cramer f/n/a Darlene Mellinger, as a lis pendens against real property in Cumberland County, Pennsylvania, owned by Travis L. Mellinger and Darlene Cramer f/n/a Darlene Mellinger, and located at 298 Creek Road, Newville, Cumberland County, Pennsylvania (a copy of the legal description is attached hereto); (4) Amount due $103,479.70 ?? Late Fees through March 5, 2009 $1,252.87 Late fees from March 5, 2009 at $27.84 per month $ t 3 Interest through March 5, 2009 Interest from March 5, 2009 at $14.37 per day. Payment of taxes on February 24, 2008 Escrow Advances Attorneys' fees Costs to be added $20,190.88 $7,464.38 $1,855.34 $20,136.47 $ * * * To be determined by the Sheriff of Cumberland County, Pennsylvania. (5) Please attach the Affidavit Pursuant to Rule 3129.1 that Plaintiff prepared and is being filed simultaneously with this Praecipe. Certification I certify that: (a) This Praecipe is based upon a judgment entered by default, and (b) Notice will be served at least thirty days prior to the date of the sheriff's sale of real property pursuant to Rule 2958.2. All. 9a Pd 7? S'D w ©o arf_ OU " -s? w Y ?a ? duz Date: MARTSON LAW OFFICES By: Hubert X Gilroy, Esquire I.D. No. 299 R. Christo er VanLandingham, Esquire I.D. No. 07424 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-1662 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Joseph R. Cramer Plaintiff (s) From Travis L. Mellinger and Darlene Mellinger (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$103,479.70 Interest through March 5, 2009 $20,190.88 L.L.$.50 Interst from March 5, 2009 at $14.37 per day. Atty's fees $20,136.47 Due Prothy $2.00 Atty Paid $174.92 Other CostsPayment of taxes on February 24, 2008 Escrow Adavances $1,855.34 $7,464.38 Late Fees through March 5, 2009 $1,252.87 Late fees from March 5, 2009 @ $27.84 per month Plaintiff Paid Costs to be added. Date: SEPTEMBER 13, 2010 (Seal) REQUESTING PARTY: Name Hubert X. Gilroy, Esq. Address: Martson Law Offices 10 East High St., Carlisle, PA 17013 Attorney for: PLAINTIFF Telephone: 717-243-3341 Supreme Court ID No. 29943 David Buell, Protho 0 B' 1111ulAAAANA Deputy F:\FILES\C1iems113949 Cramer\13949.1.pra2 I} FILED-OFFICE n Hubert X. Gilroy, Esquire 10 SFP 13 PM 4: 13 I.D. No. 29943 ( tJUN3Y R. Christopher VanLandingham, Esquire PENNSYLVXNfA I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JOSEPH R. CRAMER Plaintiff, V. TRAVIS L. MELLINGER and DARLENE MELLINGER Defendants, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-1662 CIVIL TERM CIVIL ACTION - LAW AFFIDAVIT PURSUANT TO RULE 3129.1 Joseph R. Cramer, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution Upon a Default Judgment was filed the following information concerning the real property located at 298 Creek Road, Newville, Cumberland County, Pennsylvania (see legal description attached hereto): 1. Name and address of owners: Travis L. Mellinger 166 Spruce Hollow Road Middleburg, PA 17842 Darlene Cramer f/n/a Darlene Mellinger 846 Alexander Spring Road, Apt.C Carlisle, PA 17015 2. Names and addresses of Defendants in the judgment: Travis L. Mellinger 166 Spruce Hollow Road Middleburg, PA 17842 Darlene Cramer f/n/a Darlene Mellinger 846 Alexander Spring Road, Apt.C Carlisle, PA 17015 t 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Joseph R. Cramer 12507 Lakewood Court Fort Meyers, FL 33908 4. Name and address of the last recorded holder of every mortgage of record: Joseph R. Cramer 12507 Lakewood Court Fort Meyers, FL 33908 5. Name and address of every other person who has any record lien on the property: 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: None. 7. Name and address of every other person or whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: None. I verify the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand false statements herein are made subject to the penalties of 18 Pa. C.S. § 4909 relating to unworn falsification to authorities. MARTSON LAW OFFICES By: Hub rt X Gilroy, Esquire I.D. No. 29943 R. Christopher VanLandingham, Esquire I.D. No. 307424 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: C? ?5 f-2-0)0 Attorneys for Plaintiff 14 F'\FILES\Clients\13949 Cramer\139491 not] FILED-OFFICE Hubert X. Gilroy, Esquire I.D. No. 29943 10 SEP 13 Ply 4: 13 R. Christopher VanLandingham, Esquire I.D. No. 307424 CUMB;'va ?u?;?UNTY MARTSON DEARDORFF WILLIAMS OTTO GILROY & RTERVANIA MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JOSEPH R. CRAMER IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. TRAVIS L. MELLINGER and NO. 09-1662 CIVIL TERM DARLENE MELLINGER Defendants, CIVIL ACTION - LAW NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TAKE NOTICE that the Sheriff's Sale of Real Property (Real Estate) will be held on December 8, 2010, by the Cumberland County Sheriffs Office, at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, at 10:00 a.m., prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land (SEE LEGAL DESCRIPTION ATTACHED). THE LOCATION of the property to be sold is 298 Creek Road, Newville, Cumberland County, Pennsylvania. THE JUDGMENT under or pursuant to which the property is being sold is docketed to: No. 09-1662 Cumberland County C.C.P., Pennsylvania. THE NAME OF THE OWNERS OR REPUTED OWNERS OF THE PROPERTY ARE Travis L. Mellinger of 255 Creek Road, Newville, Pennsylvania and Darlene Cramer f/n/a Darlene Mellinger of 846 Alexander Spring Road, Apt. C, Carlisle, Pennsylvania. w A SCHEDULE OF DISTRIBUTION, being listed of the persons and/or government or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale, and distribution of the proceeds of the sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of Cumberland County, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013, (717) 240-6390. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY OR PROPERTY RIGHTS. It has been issued either because there is a Judgment against you or because the sale of real property described herein may affect an interest you have in the real property. It may cause your property to be held, sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 MARTSON LAW OFFICES By: V y, - Hubert X Gilroy, Es ire I.D. No. 29943 R. Christopher VanLandingham, Esquire I.D. No. 307424 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: Attorneys for Plaintiff ., DOCKET NO. 09-1662 LEGAL DESCRIPTION Cumberland County Deed Book 268 Page 791 Parcel No.: 46-07-0479-001 C ALL THAT CERTAIN track of ground situate in West Pennsboro Township, Cumberland County, Pennsylvania, known as Lot No. 2 on the Final Subdivision Plan for Frank Mellinger, prepared by Stephen G. Fisher, R.S., dated May 20,1983, being known and numbered as 298 Creek Road, Newville, Cumberland County, more fully bounded and described as follows: BEGINNING at a point in the centerline of the dedicated right-of-way of Creek Road (T-427) at lands now or formerly of the Pennsylvania Turnpike Commission; thence along lands now or formerly of the Pennsylvania Turnpike Commission, North 86 degrees 43 minutes 33 seconds East, 336.64 feet to an iron pin; thence along lands now or formerly of D. Frank Mellinger and Ruth M. Mellinger, South 50 degrees 17 minutes 50 seconds West, 272.20 feet to an iron pin; thence along same, South 84 degrees 41 minutes 34 seconds West, 248.16 feet to point in the centerline of Creek Road; thence along said centerline, North 34 degrees 08 minutes 34 seconds East, 214.59 feet to a point, the Place of BEGINNING. Containing 1.096 acres. F:\FILES\Clients\13949 Cramer\13949.1.acceptance of service Hubert X. Gilroy, Esquire LD. No. 29943 ~` ` ~~'~`~~~ '~ '~` ~D-OFFICE ~1't R. Christo her VanLandin ham, Es uire g q , ~~ THE ~RUTN~IVOTARY I.D. No. 307424 '' MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER ~~ ~;~ {ACT ~ ~ P~~ 2: ~ 3 MARTSON LAW OFFICES 10 East High Street Cl~-~i~3~ E~LA~4D COU~~TY P ~ ~~ ?~' S Y LVA E~ i A Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JOSEPH R. CRAMER IN THE COURT OF COMMON PLEA5 OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA v. . TRAVIS L. 1VIELLINGER and NO. 09-1662 CIVIL TERM DARLENE MELLINGER Defendants, CIVIL ACTION -LAW ACCEPTANCE OF SERVICE I, Darlene Cramer f/n1a Darlene Mellinger, Defendant in the above-captioned action, hereby accept service of the Writ of Execution and Notice of Sheriff's Sale in the above action. Date: _ // __ n (~ "~ /~ Dar ene Cramer f/n/a Darlene Mellinger FAFII.ES\C1ients\13949 Cramer\13949. LORDER _ M 1 ILL--'t Itd` ?,.E?C! Hubert X. Gilroy, Esquire I.D. No. 2994329' ?? R. Christopher VanLandingham, Esquire UMBEtZL,ti; I.D. No. 307424 P l1? C MARTSON DEARDORFF WILLIAMS OTTO GILROY & MT MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JOSEPH R. CRAMER Plaintiff, V. TRAVIS L. MELLINGER and DARLENE MELLINGER Defendants, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-1662 CIVIL TERM : CIVIL ACTION - LAW ORDER AND NOW this day of December, 2010, counsel for the Plaintiff in the above matter having advised the Court that the Plaintiff desires to withdraw his request for a Preliminary injunction at this point and it being related to the Court that counsel for the Defendants has no objection to this request, the Motion for a Preliminary Injunction filed by the Plaintiff is deemed to be withdrawn and the hearing scheduled on Monday, January 3, 2010, is cancelled. BY THE COURT, X Vt`. J. /Wesley Oler, Jr., Judge cc: "kert X. Gilroy, Esquire Matthew E. Hamlin, Esquire t -eg '0'7? l7 e?rd JAN072011 FARLES\Clients\13949 Cramer\13949.1.0rder vacating prior order 2009-1662 Hubert X. Gilroy, Esquire No. 29943 I D W r> . . R. Christopher VanLandingham, Esquire ? n -* I.D. No. 307424 M M;n MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER c -- MARTSON LAW OFFICES c=' 10 East High Street PA 17013 Carlisle _ l , (717) 243-3341 ..';..i ": Attorneys for Plaintiff JOSEPH R. CRAMER IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANI A V. TRAVIS L. MELLINGER and NO, 09-1662 CIVIL TERM DARLENE MELLINGER Defendants, CIVIL ACTION - LAW ORDER AND NOW this D day of January, 2011, the prior order entered in this case on December 28, 2010, is vacated as that order was erroneously entered to the above captioned matter and should have been entered at a matter at Docket No. 2010-6126. '/ Hubert X. Gilroy, Esquire 06,1 cc: v/ Matthew E. Hamlin, Esquire M i? BY THE COURT, SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson , Sheriff r,.=' ? F 1a t:. . ? ? ; ? ?, ?? r?o- ? ;? •,?; .lod S Smith y Chief Deputy Iii{ J Richard W Stewart •t;? f=ut'I?Ft?? o?ir'l? C(,lf?i' 4 Solicitor tPEHI'Y?!,pp ' a;1,, t 4 IM Joseph R Cramer vs. Case Number Travis L. Mellinger (et al.) 2009-1662 SHERIFF'S RETURN OF SERVICE 09/17/2010 Ronny R. Anderson Sheriff who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Travis L. Mellinger, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Snyder County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. 10/13/2010 10:53 AM - Cpl. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 13, 2010 at 1033 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 Travis L. and Darlene Mellinger, located at 298 Creek Road, Newville, Cumberland County, Pennsylvania according to law. 10/26/2010 Snyder County Return: And now, the 25th day of October 2010, at '1020 hrs served the within Real Estate Writ, Notice of Sale and Description upon Travis L. Mellinger, the defendant, by making known unto Marilyn Klase, adult in charge, at 166 Spruce Hollow Road, Middleburg, Pennsylvania its contents and at the same time handing to her a true and correct copy of the same. So Answers: Lewis F. Briggs, Deputy Sheriff of Snyder County, Pennsylvania. 12/14/2010 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, PA on December 8, 2010 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Hubert X. Gilroy on behalf of Joseph R. Cramer located at 12507 Lakewood Court, Fort Meyers, FL 33908, being the buyer in this execution, paid to the Sheriff the sum of $825.79. SHERIFF COST: $825.79 December 22, 2010 SO ANSWERS, (??" y' - -RON R ANDERSON, SHERIFF a 53sg? T`- (ru ?';y 11 6 j`'P,rii I r 3Cfl. il'C. r F'\FILESTheeb\13949 Cramer\13949.1.pra2 Hubert X. Gilroy, Esquire I.D. No. 29943 R. Christopher VanLandingham, Esquire I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JOSEPH R. CRAMER IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. TRAVIS L. MELLINGER and NO. 09-1662 CIVIL TERM DARLENE MELLINGER Defendants, CIVIL ACTION - LAW AFFIDAVIT PURSUANT TO RULE 3129.1 Joseph R. Cramer, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution Upon a Default Judgment was filed the following information concerning the real property located at 298 Creek Road, Newville, Cumberland County, Pennsylvania (see legal description attached hereto): 1. Name and address of owners: Travis L. Mellinger 166 Spruce Hollow Road Middleburg, PA 17842 Darlene Cramer f/n/a Darlene Mellinger 846 Alexander Spring Road, Apt.C Carlisle, PA 17015 2. Names and addresses of Defendants in the judgment: Travis L. Mellinger 166 Spruce Hollow Road Middleburg, PA 17842 Darlene Cramer f/n/a Darlene Mellinger 846 Alexander Spring Road, Apt.C Carlisle, PA 17015 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Joseph R. Cramer 12507 Lakewood Court Fort Meyers, FL 33908 4. Name and address of the last recorded holder of every mortgage of record: Joseph R. Cramer 12507 Lakewood Court Fort Meyers, FL 33908 5. Name and address of every other person who has any record lien on the property: 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: None. 7. Name and address of every other person or whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: None. I verify the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand false statements herein are made subject to the penalties of 18 Pa. C.S. § 4909 relating to unsworn falsification to authorities. MARTSON LAW OFFICES By: Hub rt X Gilroy, Esquire I.D. No. 29943 R. Christopher VanLandingham, Esquire I.D. No. 307424 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: 5I `3 I ?-&o Attorneys for Plaintiff w FAFiLES\Clienta\ 13949 Cramer\13949. Lnot 1 Hubert X. Gilroy, Esquire I.D. No. 29943 R. Christopher VanLandingham, Esquire I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JOSEPH R. CRAMER IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. TRAVIS L. MELLINGER and NO. 09-1662 CIVIL TERM DARLENE MELLINGER Defendants, CIVIL ACTION - LAW NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TAKE NOTICE that the Sheriff's Sale of Real Property (Real Estate) will be held on December 8, 2010, by the Cumberland County Sheriffs Office, at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, at 10:00 a.m., prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land (SEE LEGAL DESCRIPTION ATTACHED). THE LOCATION of the property to be sold is 298 Creek. Road, Newville, Cumberland County, Pennsylvania. THE JUDGMENT under or pursuant to which the property is being sold is docketed to: No. 09-1662 Cumberland County C.C.P., Pennsylvania. THE NAME OF THE OWNERS OR REPUTED OWNERS OF THE PROPERTY ARE Travis L. Mellinger of 255 Creek Road, Newville, Pennsylvania and Darlene Cramer f/n/a Darlene Mellinger of 846 Alexander Spring Road, Apt. C, Carlisle, Pennsylvania. A SCHEDULE OF DISTRIBUTION, being listed of the persons and/or government or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff within thirty (30) days after the sale, and distribution of the proceeds of the sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of Cumberland County, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013, (717) 240-6390. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY OR PROPERTY RIGHTS. It has been issued either because there is a Judgment against you or because the sale of real property described herein may affect an interest you have in the real property. It may cause your property to be held, sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT' OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 MARTSON LAW OFFICES By: HubertX Gilroy, quire I.D. No. 29943 R. Christopher VanLandingham, Esquire I.D. No. 307424 10 East High Street Carlisle, PA 17013 // (717) 243-3341 Date: Attorneys for Plaintiff DOCKET NO. 09-1662 LEGAL DESCRIPTION Cumberland County Deed Book 268 Page 791 Parcel No.: 46-07-0479-001 C ALL THAT CERTAIN track of ground situate in West Pennsboro Township, Cumberland County, Pennsylvania, known as Lot No. 2 on the Final Subdivision Plan for Frank Mellinger, prepared by Stephen G. Fisher, R.S., dated May 20, 1983, being known and numbered as 298 Creek Road, Newville, Cumberland County, more fully bounded and described as follows: BEGINNING at a point in the centerline of the dedicated right-of-way of Creek Road (T-427) at lands now or formerly of the Pennsylvania Turnpike Commission; thence along lands now or formerly of the Pennsylvania Turnpike Commission, North 86 degrees 43 minutes 33 seconds East, 336.64 feet to an iron pin; thence along lands now or formerly of D. Frank Mellinger and Ruth M. Mellinger, South 50 degrees 17 minutes 50 seconds West, 272.20 feet to an iron pin; thence along same, South 84 degrees 41 minutes 34 seconds West, 248.16 feet to point in the centerline of Creek Road; thence along said centerline, North 34 degrees 08 minutes 34 seconds East, 214.59 feet to a point, the Place of BEGINNING. Containing 1.096 acres. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO09-1662 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Joseph R. Cramer Plaintiff (s) From Travis L. Mellinger and Darlene Mellinger (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$103,479.70 Interest through March 5, 2009 $20,190.88 Atty's fees $20,136.47 Atty Paid $174.92 Escrow Adavances $1,855.34 Late Fees through March 5, 2009 $1,252.87 Plaintiff Paid Date: SEPTEMBER 13, 2010 (Seal) L.L.$.50 Interst from March 5, 2009 at $14.37 per day. Due Prothy $2.00 Other CostsPayment of taxes on February 24, 2008 $7,464.38 Late fees from March 5, 2009 @ $27.84 per month Costs to be added. David . uell, Protho t By Deputy REQUESTING PARTY: Name Hubert X. Gilroy, Esq. Address: Martson Law Offices 10 East High St., Carlisle, PA 17013 Attorney for: PLAINTIFF Telephone: 717-243-3341 Supreme Court ID No. 29943 On September 22, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in West Pennsboro Township, Cumberland County, PA, Known and numbered as, 298 Creek Road, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 22, 2010 By: UCL4 Real Estate Coordinator The Patriot-News Co. 2020 Technology Pkwy Suite 300 - Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE z4fPatriot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, "929 Commonwealth of Pennsylvania. County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 StreE'.t, 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 she 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 she 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: 10/15/10 14-V Sworn to i s scribed fore me tt is 10 d i' November, 2010 A- D. NotaN Public COM'MONWEgt,rH OF PENNSYLVANIA Notarial Seal -- Sherrie L i05ner, Notary Pubiic j Lc wer Paxton -wp„ Dauphin County L MY Co Commisslon Expires Nov. 26 , 20 Membsr, Pla VIvania Associating c.t yCT111? 10/22/10 10/29/10 2009-1662 CWH Term jae"h R. Crag ve ThMs L. WHinger DarWW Metwnger Atty: Hubert X. QVroy Cumberland County Deed Book 268 Page 791 Parcel No.: 46-07479-MIC ALL THAT CERTAIN track of ground situate in West Pennsboro Township, Cumberland County, Pennsylvania, known as Lot No. 2 on the Final Subdivision Plan for Frank Mellinger, prepared by Stephen G. Fisher, R.S., dated May 20, 1983, being known and numbered as 298 Creek Road, Newville, Cumberland County, more fully bounded and described as follows: BEGINNING at a point in the centerline of the dedicated right-of-way of Creek Road (T-427) at lands now or formerly of the Pennsylvania Tbmpike Commission; thence along lands now or formerly of the Pennsylvania Thrnpike Commission, North 86 degrees 43 minutes 33 seconds East, 336.64 feet to aniron pin; thence along lands now or forgwly of D. Frank Mellinger and Ruth M. Mellinger, South 50 degrees 17 minutes 50 seconds West, 272.20 feet to an iron pin; thence along same, South 84 degrees 41 minutes 34 seconds West, 248.16 feet to point in the centerline of Creek Road; thence along said centerline, North 34 degrees 08 minutes 34 seconds East, 214.59 feet to a point, the Place of BEGINNING. Containing 1.096 acres. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 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: October 22, October 29, and November 5, 2010 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. 0 isa Marie Coyne, E itor SWORN TO AND SUBSCRIBED before me this 5 da of November 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL Writ No. 2009-1662 Civil Joseph R. Cramer VS. Travis L. Mellinger Darlene Mellinger Atty.: Hubert X. Gilroy Cumberland County Deed Book 268 Page 791. Parcel No.: 46-07-0479-001C. ALL THAT CERTAIN track of ground situate in West Pennsboro Township, Cumberland County, Pennsylvania, known as Lot No. 2 on the Final Subdivision Plan for Frank Mellinger, prepared by Stephen G. Fisher, R.S., dated May 20, 1983, being known and numbered as 298 Creek Road, Newville, Cumberland County, more fully bounded and described as follows: BEGINNING at a point in the cen- terline of the dedicated right-of-way of Creek Road (T-427) at lands now or formerly of the Pennsylvania Turn- pike Commission; thence along lands now or formerly of the Pennsylvania Turnpike Commission, North 86 de- grees 43 minutes 33 seconds East, 336.64 feet to an iron pin; thence along lands now or formerly of D. Frank Mellinger and Ruth M. Mel- linger, South 50 degrees 17 minutes 50 seconds West, 272.20 feet to an iron pin; thence along same, South 84 degrees 41 minutes 34 seconds West, 248.16 feet to point in the cen- terline of Creek Road; thence along said centerline, North 34 degrees 08 minutes 34 seconds East, 214.59 feet to a point, the Place of BEGINNING. Containing 1.096 acres. 85 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Joseph R Cramer is the grantee the same having been sold to said grantee on the 8th day of December A.D., 2010, under and by virtue of a writ Execution issued on the 13th day of Member, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 09 Number 1662, at the suit of Joseph R Cramer against Travis L & Darlene Mellinger is duly recorded as Instrument Number 201101181. IN TESTIMONY WHEREOF, I have hereunto set my hand anA seal of said office this ze-? day of A.D. of Deeds e 6ameaw ar*a?,FA 900bRd...lNfia?ol 1r1 ? ?' , ,*? • ,ems, ,?°;