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HomeMy WebLinkAbout11-4987Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Fr4ncis 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 R. 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 J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FILED-OFFICE OF THE PROTHONOTAR 2011 JUN 16 AM 10: 42 (' UMBERLAND COUNTY PENNSYLVANIA ATTORNEY FOR PLAINTIFF 271101 PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE 2001 BISHOPS GATE BLVD MOUNT LAUREL, NJ 08054 Plaintiff V. RYAN C. PIFER GINGER K. PIFER 7516 WERTZVILLE ROAD CARLISLE, PA 17015-9044 Defendants COURT OF COMMON PLEAS CIVIL DIVISION TERM NO l I -X19 87 Lip ? CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 271101 OL ,co pd a Gk? ?0 7-7 a ;L4 0 W>ss9 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 271101 Plaintiff is PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE 2001 BISHOPS GATE BLVD 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 17015-9044 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 12/04/2003 RYAN C. PIFER and GINGER K. PIFER 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 mortgage Book 1847 Page 3392. Said mortgage was modified as set forth in the modification agreement dated 9/1/2007 recorded 11/13/2007 in Mortgage Instrument # 200742737. Said mortgage was again modified as set forth in the modification agreement dated 6/30/2009 recorded 9/21/2009 in Mortgage Instrument # 200932536. 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 09/01/2010 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 #: 271101 6 The following amounts are due on the mortgage as of 04/23/2011: Principal Balance $229,472.57 Interest $11,485.08 08/01/2010 through 04/23/2011 Late Charges $989.80 Property Inspections $82.75 Escrow Deficit $1,060.29 TOTAL $243,090.49 7. 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. 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. File #: 271101 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $243,090.49, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. HALLINAN & SCHMIEG, LLP By: t__J Lawrence T. Phelan, Esq., Id. 151e!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 ? S ' etal R. Shah-Jani, Esq., Id. No. 81760 ?enine 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 J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Scheiner, Esq., Id. No. 308912 Attorneys for Plaintiff File #: 271101 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 1.7 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 File #: 271101 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. Windemaker, Sr. died on August 21, 2001, thereby vesting the entire fee ownership in his surviving spouse, Betty Jane Windemaker, grantor herein. PROPERTY ADDRESS: 7516 WERTZVILLE ROAD, CARLISLE, PA 17015-9044 PARCEL # 21-04-0371-042A 21-04-0371-038 File #: 271101 VERIFICATION *-'e At g!? hereby states that he/she is Y& kjQW,44f PHH Mortgage Corporation. Plaintiff in this matter, PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE„ that he/she is authorized to make this Verification, and verify 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. PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE By PHH Mortgage Corporation, Its authorized agent, Date: ?:r 17.1 ( ki PHS #: 271101 Name: PIFER By / File k: 271101 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor olo)`t,, at itn,ltnr/etrd ; x,11 PROT'Hoi7f) X011 JUL 2Q Pik S, CU PEENS 4NV Ct N, -VANIA.T PHH Mortgage Corporation vs. Ryan C. Pifer (et al.) Case Number 2011-4987 SHERIFF'S RETURN OF SERVICE 06/17/2011 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: Ryan C. Pifer, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 06/17/2011 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: Ginger K. Pifer, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve a wi in Complaint In Mortgage Foreclosure according to law. 06/23/2011 07:40 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on June 23, 2011 at 1940 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Ginger K. Pifer, by making known unto herself personally, at 7516 Wertzville Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. TIM KLP(CK, DEPUTY 06/23/2011 07:41 PM - Deputy Tim Black, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Ginger K. Pifer at 7516 Wertzville Road, Middlesex Township, Carlisle, PA 17015. TIM BCAGR, DEPUTY 06/23/2011 07:40 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on June 23, 2011 at 1940 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Ryan C. Pifer, by making known unto himself personally, at 7516 Wertzville Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct copy of the same. TIM LA K, DEPUTY 06/23/2011 07:41 PM - Deputy Tim Black, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Ryan C. Pifer at 7516 Wertzville Road, Middlesex Township, Carlisle, PA 17015. TIM LA K, DEPUTY r.1 COUi' "Stilt, S "e r. FE 1 ; o -tt bx;. 07/12/2011 York County Return: And now, July 12, 2011 I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Ryan C. Pifer the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find him in the County of York and therefore return same NOT^ FOUND. Request for service at 95 Fickes Road, Dillsburg, Pennsylvania 17019 the Defendant was not found. Deputies were advised Ryan C. Pifer currently resides at 7516 Wertzville Road, Carlisle, Pennsylvania 17015. 07/12/2011 York County Return: And now, July 12, 2011 I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Ginger K. Pifer the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find her in the County of York and therefore return same NOT FOUND. Request for service at 95 Fickes Road, Dillsburg, Pennsylvania 17019 the Defendant was noFfound. Deputies were advised Ginger K. Pifer currently resides at 7516 Wertzville Road, Carlisle, Pennsylvania 17015. SHERIFF COST: $91.00 July 18, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF Jcur ;,Suite Sher If, I elec-aft. 67c. SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber Sheriff Reuben B Zeager Chief Deputy, Operations PETER J. MANGAN, ESQ. Solicitor Richard E Rice, II Chief Deputy, Administration PHH MORTGAGE CORPORATION F/K/A ERA MORTGAGE Case Number VS. RYAN C. PIFER (et al.) 11-4987 CIVIL SHERIFF'S RETURN OF SERVICE 07/12/2011 I, RICHARD P KEUERLEBER, SHERIFF, WHO BEING DULY SWORN ACCORDING TO LAW, STATES HE MADE DILIGENT SEARCH AND INQUIRY FOR THE WITHIN NAMED DEFENDANT TO WIT: GINGER K. PIFER, BUT WAS UNABLE TO LOCATE THE DEFENDANT IN HIS BAILIWICK. THE SHERIFF THEREFORE RETURNS THE WITHIN REQUESTED COMPLAINT IN MORTGAGE FORECLOSURE (CIMF) AS "NOT FOUND" AT 95 FICKES ROAD, DILLSBURG, PA 17019. PER MR. RALPH PIFER, CO/DEFT'S FATHER THEY ARE NOT AT THIS ADDRESS THEY ARE LIVING AT THE MORTGAGED PROPERTY @ 7516 WERTZVILLE ROAD, CARLISLE, PA 17015. 95 FICKES ROAD IS THE FATHER'S ADDRESS. 07/12/2011 I, RICHARD P KEUERLEBER, SHERIFF, WHO BEING DULY SWORN ACCORDING TO LAW, STATES HE MADE DILIGENT SEARCH AND INQUIRY FOR THE WITHIN NAMED DEFENDANT TO WIT: RYAN C. PIFER, BUT WAS UNABLE TO LOCATE THE DEFENDANT IN HIS BAILIWICK. THE SHERIFF THEREFORE RETURNS THE WITHIN REQUESTED COMPLAINT IN MORTGAGE FORECLOSURE (CIMF) AS "NOT FOUND" AT 95 FICKES ROAD, DILLSBURG, PA 17019. PER RALPH PIFER, DEFT'S FATHER, WHO STATED DEF DOES NOT LIVE AT THIS ADDRESS, HE SAID DEFT AND CO-DEF ARE LIVING AT THE MORTGAGED PROPERTY @ 7516 WERTZVILLE ROAD, CARLISLE, PA 17015, 95 FICKES ROAD IS THE FATHER'S ADDRESS. SHERIFF COST: $71.90 SO AN RS, 4 0, July 13, 2011 RICHARD P KEUERLEBER, SHERIFF - - ------ ---------------------- ---------------------------------------------------------- - - - ---------------------- - ------------------ NOTARY Affirmed and subscribed to before me this 13TH day of JULY , 2011 (c) CounrySwte Sheriff- Teleosoft. Ir,c. MY CO OMMON f LUANIA _A L CITY 0 N IL CITY OF MM SSIONREXP RES A?UG? 2, 2013 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Richard W Stewart Chief Deputy Solicitor PHH Mortgage Corporation Case Number vs. Ryan C. Pifer (et al.) 2011-4987 SERVICE COVER SHEET 0 aryi;;?<i?u?.; .,.'?I.f?i a Faf?tr r ?,idy 1 ::1., ?.'?i ?'.t;fUl ri?u?'s., '?rrlyi i,?ae, 4:Y, rc n?NkP 7 t'Y'u,?a ...:.. ,. o Category: =Civil Action - Complaint in Mortgage Foreclosure Zone: W Manner: (Deputize Expires: 07/15/2011 . Warrant: ? Notes: NX o ? Z u __ _ . , ... ... ., _ .en. ,? ..»[..t. _ a t7 Name: Ginger K. Pifer Served: Personally Adult In Charge Posted Other Primary 95 Fickes Road Adult In Address: Dillsburg, PA 17019 Charge: _..._..w . Relation: Phone: O Altemate Date: Time: n: Address: _._ m M.._,..._._ rn _?? .. Y Deputy: Mileage: v Phone: "fr =:o1 ?r fit. F:i+{1 ?. _ 1 Fi. II '?.>sts Name: Francis Hallinan Phone: 215-563-7000 Ing ' 3 'M,y'E1 °<??' kY;4{Ip I'1t?R f,; ' 'Na, ..,.'} .•??°ti ,.S:jit, ! Fii e7'? Date: t- oo Time: o? Mileage: r°, Deputy: Y w Now, June 17, 2011 1, Sheriff of Cumberland County, Pennsylvania do hereby deputize the Sheriff of York County to execute z service of the documents herewith and make return thereof according to law. 0 Return To:,r-? '--?` Cumberland County Sheriffs Office a One Courthouse Square Carlisle, PA 17013 onny R Anderson, Sheriff PHELAN HALLINAN & SCHMIEG, LLP Sheetal R. Shah-Jani, Esq., Id. No.81760 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE VS. RYAN C. PIFER GINGER K. PIFER Attorney for Plaintiff A --e CUMBERLAND COUNTY 11,60 0 c COURT OF COMMON PLEAS C V9 C : CIVIL DIVISION : No. 11-4987 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 Plaintiff s 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 $243,090.49 e6 TOTAL $243,090.49 k w I Iolol Flo iLw ab34?9-1 I hereby certify that (1) the Defendants' last known address is 7516 WERTZVILLE V)bk;(li Voiw ROAD, CARLISLE, PA 17015-9044, and (2) that notice has been given in accordance with Rule Pa.R.C.P V237 1. Date ' Sheetal R. Shah-J i, E uire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PHS # 271101 PROTHONOTARY 271101 PHELAN HALLINAN & SCHMIEG, LLP Sheetal R. Shah-Jani, Esq., Id. No.81760 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION, Attorney for Plaintiff : CUMBERLAND COUNTY F/K/A ERA MORTGAGE COURT OF COMMON PLEAS VS. CIVIL DIVISION RYAN C. PIFER No. 11-4987 GINGER K. PIFER AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she 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 it 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 the Defendant's last known address is 7516 WERTZVILLE ROAD, CARLISLE, PA 17015-9044. (c) that defendant GINGER K. PIFER is over 18 years of age and the Defendant's last known address is 7516 WERTZVILLE ROAD, CARLISLE, PA 17015-9044. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date ?S / 9/// s _ Sheetal R. Shah-Jam, squire Attorney for Plaintiff 271101 (Rule of Civil Procedure No. 236) - Revised PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE : CUMBERLAND COUNTY : COURT OF COMMON PLEAS VS. RYAN C. PIFER GINGER K. PIFER : CIVIL DIVISION : No. 11-4987 Notice is given that a Judgment in the above captioned matter has been entered against you on '9M < By: . IME If you have any questions concerning this matter please contact: Sheetal R. Shah-Jani, Esquire Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRMIS 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, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY" PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE v. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 11-4987 RYAN C. PIFER GINGER K. PIFER Defendant(s) TO: GINGER K. PIFER 7516 WERTZVILLE ROAD CARLISLE, PA 17015-9044 DATE OF NOTICE: August 1, 2011 CUMBERLAND COUNTY 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. EWPORTANT 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 WIITIIN 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. PHS # 271101 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: & I,) William E. Miller, Esq., Id. No.308951 Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 271101 PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE V. Plaintiff COURT OF COMMON PLEAS CIVIL DIVISON NO. 11-4987 RYAN C. PIFER GINGER K. PIFER Defendant(s) TO: RYAN C. PIFER 7516 WERTZVILLE ROAD CARLISLE, PA 17015-9044 DATE OF NOTICE: August 1, 2011 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS # 271101 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 PHS # 271101 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: i liam E. MK er, Esq., Id. No.308951 Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N011-4987 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION, F/K/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: $243,090.49 L. L.: K SCE Interest from 8/20/2011 to Date of Sale ($39.96 per diem) - $8,031.96 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $223.50 P'aindff Paid: Cate: 12/l/2011 (Seal) REQUESTITIG PARTY: Other Costs: c? -4 David D. Buell, rothonotary By: Deputy Name: ANDREW MARLEY, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 312314 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION v RYAN C. PIFER GINGER K. PIFER Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 08/20/2011 to Date of Sale ($39.96 per diem) TOTAL Note: Please attach description of property. PHS # 271101 00 /i[ . GU .t 4.2. ov (b f, .Vv L)-,- T NO.: 11-4987 CUMBERLAND COUNTY $243,090.49 $8,031.96 4 Pfelan Hallinan & Schmie Andrew Marley, Esq., Id. N Attorney for Plaintiff C_ {= ?` CO tv ^4 ' 'V 7 C t rri C CD C N ? e.rtt !l a af17 P, -.a- -;? ?,-*I ?,y '3 W U d U W d O ? ?w a? o a ?a o ° U N ? C7 ? a ?U ?s a? ? Q a ? r ? o U wY 00 i L O W ? O op wa v w? <r Cd ua o per., N ?'` ?64 C/J 6' r u fl r °? w LEGAL DESCRIPTION TRACT NO. 1 ALL that certain lot or piece of ground 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 twenty-three (23) degrees, seventeen (17 minutes) minutes West and along lands now or late of M.R. Wingert 582.70 feet to a point; thence North sixty-six (66) degrees, forty-three (43 minutes) minutes, east three hundred sixty-three and fifteen hundredths (363.15) feet to a point; thence South along the eastern side of a twenty-five (25 feet) feet wide private right of way and along lands now or late of J.S. Sease South twenty-three (23) degrees, seventeen (17 minutes) minutes East five hundred thirty-eight and twenty nine hundredths (538.29) feet to a point in the center of Legislative Route 21001; thence through the center of said Legislative Route South fifty nine (59) degrees, forty nine (49 minutes) minutes, thirty (30) seconds west three hundred sixty five and eighty five hundredths (365.85) feet to a point, the place of BEGINNING. SUBJECT to a twenty-five (25 foot) foot 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. TRACT NO. 2: ALL THAT CERTAIN lot or piece of ground situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: 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 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. TITLE TO SAID PREMISES IS 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 17015-9044 PARCEL NO. 21-04-0371-04-A and 21-04-0371-038 PHELAN HALLINAN & SCHMIEG, LLP Andrew Marley, Esq., Id. No.312314 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE Plaintiff V. RYAN C. PIFER GINGER K. PIFER Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS : CIVIL DIVISION NO.: 11-4987 CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is 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. I n _ ` By: lan ffallinan & Schmieg, LLP Andrew Marley, Esq., Id. No.312? Attorney for Plaintiff !!?? w rrJ M rr, ?t f' X ;2D r {-) .? •' - ?c) ?71i ca -n PO T 's PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE Plaintiff V. RYAN C. PIFER GINGER K. PIFER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 11-4987 CUMBERLAND COUNTY PHS # 271101 AFFIDAVIT PURSUANT TO RULE 3129.1 PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE, Plaintiff in the above action, by the undersigned attorney, 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 17015-9044. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) RYAN C. PIFER 7516 WERTZVILLE ROAD CCU C:) ? mi= CARLISLE, PA 17015-9044 t -') z 'x% GINGER K. PIFER 7516 WERTZVILLE ROAD CARLISLE, PA 17015-9044 3XP CD 2. Name and address of Defendant(s) in the judgment: X., Name Address (if address cannot be reasonably ascertained, please so indicate) 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 Address (if address cannot be reasonably ascertained, please indicate) PHH Mortgage Corporation 3000 Leadenhall Road Mount Laurel, NJ 08054 PHH Mortgage Corporation 4001 Leadenhall Road Mount Laurel, NJ 08054 ERA Mortgage 4001 Leadenhall Road Mount Laurel, NJ 08054 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Members 1st Federal Credit Union 5000 Louise Drive Mechanicsburg, PA 17055 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) r 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 None. Address (if address cannot be reasonably ascertained, please indicate) 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 Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 7516 WERTZVILLE ROAD CARLISLE, PA 17015-9044 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 6`h Floor, Strawberry Sq., Dept 280601 Harrisburg, PA 17128 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 unworn falsification to a0orities. n / Date: 1169?oq By: / ?A , Zl( ..' Ph Hallinan & Schmieg, L EP Andrew Marley, Esq., Id. No.312314 Attorney for Plaintiff PHH MORTGAGE CORPORATION, F/K/A ERA COURT OF COMMON PLEAS MORTGAGE CIVIL DIVISION ' Plaintiff : : NO.:11-4987 VS. RYAN C. PIFER CUMBERLAND COUNTY GINGER K. PIFER Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY rnqu -' TO: RYAN C. PIFER 731= ca°, GINGER K. PIFER =;4 7516 WERTZVILLE ROAD e CARLISLE, PA 17015-9044 X;=, -r ru V "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, 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 17015-9044 is scheduled to be sold at the Sheriffs Sale on 03/07/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $243,090.49 obtained by PHH MORTGAGE CORPORATION, F/K/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 Sheriff's Sale, you must take immediate action: 1. The sale will be canceled 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 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's 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 215-563-7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 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. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION TRACT NO. 1 ALL that certain lot or piece of ground 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 twenty-three (23) degrees, seventeen (17 minutes) minutes West and along lands now or late of M.R. Wingert 582.70 feet to a point; thence North sixty-six (66) degrees, forty-three (43 minutes) minutes, east three hundred sixty-three and fifteen hundredths (363.15) feet to a point; thence South along the eastern side of a twenty-five (25 feet) feet wide private right of way and along lands now or late of J.S. Sease South twenty-three (23) degrees, seventeen (17 minutes) minutes East five hundred thirty-eight and twenty nine hundredths (538.29) feet to a point in the center of Legislative Route 21001; thence through the center of said Legislative Route South fifty nine (59) degrees, forty nine (49 minutes) minutes, thirty (30) seconds west three hundred sixty five and eighty five hundredths (365.85) feet to a point, the place of BEGINNING. SUBJECT to a twenty-five (25 foot) foot 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. TRACT NO. 2: ALL THAT CERTAIN lot or piece of ground situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: 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 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. TITLE TO SAID PREMISES IS 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 17015-9044 PARCEL NO. 21-04-0371-04-A and 21-04-0371-038 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 11-4987 PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE vs. RYAN C. PIFER GINGER K. PIFER owner(s) of property situate in Middlesex Township, Cumberland County, Pennsylvania, being (Municipality) 7516 WERTZVILLE ROAD, CARLISLE, PA 17015-9044 Parcel No. 21-04-0371-042A, 21-04-0371-038 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $243,090.49 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 `SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FI[ EO-O -Ff c Sheriff THE PROTHONOTARY Jody S Smith Chief Deputy 2611 DEC 28 PM 12: 40 Richard W Stewart -CUMBERLAND _ UMBERLAND COUNTY PENNSYLVANIA PHH Mortgage Corporation vs. Case Number Ryan C. Pifer (et al.) 2011 4987 SHERIFF'S RETURN OF SERVICE 12/28/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $166.20 December 28, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF 4-4 5:w2r a??'i;? ?? cC0,w.` a i t ?;hes, f Te -t ; WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NOII-4987 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION, F/K/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: $243,090.49 L. L.: A SC) Interest from 8/20/2011 to Date of Sale ($39.96 per diem) - $8,031.96 Atty's Comm: % Due Prothy: $2.00 Atty Paid: $223.50 Plaintiff Paid: Date: 12/1/2011 (Seal) Other Costs: - "A David . Buell, Pr thonotary By: Deputy REQUESTING PARTY: Name: ANDREW MARLEY, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Court at Carlisle, Pa. This day of, 20 4 f?P,rroothgnoottary ' fi4? Supreme Court ID No. 312314 On December 15, 2011 .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 December 15, 2011 By: 1 eal Estate Coordinator hZ .z C Z- 330 i16Z _ i ? -1 2 ?}? Fax Server '_2/28/2011 10:27:25 AM PACE lax Server ¦ ¦ Phelan Hallinan & Schmieg, L.L.P. One Penn Center at Suburban Station 1617 John F. Kennedy Soule,vard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Fax: (215) 563-7009 Foreclosure Manager December 19, 2011 Office of the Sheriff Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Attn: Real Estate Department Fax Number: 717-240-6397 Representing Lenders in Pennsylvania and New Jersey Re: PHH MORTGAGE CORPORATION, Ff.K/A ERA MORTGAGE v. RYAN C. PIFER and GINGER K. PIFER: 7516 WERTZVILLE ROAD CARLISLE, PA 1 70 1 5-9044 No.: 11-4987 Dear Sir/Madam: Please STAY the Sheriffs Sale of the above referenced property, which is scheduled for March 71 2012 due to the following: The parties entered into aloan modification agreement. $0.00 was received in consideration of the stay. You are hereby directed to immediate disoontinue the advertising of the sale and processing or posting of the Notice of Sale. Please return the original Writ of Execution to the Prothonotary as soon as possible. In addition, please forward a copy of the cost sheet pertaining to this sale to our office via facsimile to 215-567-0072 or regular mail at your earliest convenience. Thank you for your cooperation in this matter. Very Truly Yours, ELIZABETH HALLINAN for Phelan Hallinan & Schmieg, LLP ?HS 0 271101 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 ?i5.5??_?nnn Rnt 1 11L'f^ 7Q Yil fV' ?? Attorney For Plaintiff PHH MORTGAGE CORPATION, F V Court of Common Pleas ERA MORTGAGE CU 8ZRLA 1 Plaintiff PENNSYI.VAN} Civil Division vs CUMBERLAND County RYAN C. PIFER No. 114987 GINGER K. PIFER Defendant PRAECIPE TO THE PROTHONOTARY: Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. X Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. Please mark the in rem judgment atisf' and the action Discontinued and Ended. Z' l 1 AN HALLINAN & SQ.HMHEG, LLP Date: I12? PHS# 271 101 By: La rence 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 She ,pfal R. Shah-Jani, Esq., Id. No. 81760 J ine R. Davey, Esq., Id. No. 87077 auren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq.. Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Attorneys for Plaintiff Cwt a `"d 0 n. iL ra(asetb3 O PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE Plaintiff vs RYAN C. PIFER GINGER K. PIFER Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 11-4987 CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiff's Praecipe was served by regular mail to the person(s) on the date listed below: RYAN C. PIFER GINGER K. PIFER 7516 WERTZVILLE ROAD CARLISLE, PA 17015-9044 Date: (2 ?. Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith IT/ Romano, Esq., Id. No. 58745 Shee R. Shah-Jani, Esq., Id. No. 91760 J ne R. Davey, Esq., Id. No. 87077 auren n R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Cantwell, Esq., Id. No. 308912 Attorney for Plaintiff