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Home My WebLink About12-0061SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ????tt?a QS ?lttrtLr?????A R 1.'F THE 'D12 JAN 20 AM 8: 28 UMBERLAND COUNTY PENNSYLVANIA. PHH Mortgage Corporation vs. Amber K. Kishbaugh Case Number 2012-61 SHERIFF'S RETURN OF SERVICE 01/13/2012 Bryan Ward, Sergeant, who being duly sworn according to law, states that on January 13, 2012 at 1017 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Amber K. Kishbaugh, by making known unto herself personally, at The Cumberland County Sheriffs Office, 1 Courthouse Square, Room 303, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. Deputies were advised, Amber K. Kishbaugh currently resides at 2112 W. Trindle Road, Carlisle, Pennsylvania 17013. Request for service at 7005 Salem Park Circle, Mechanicsburg, Pennsylvania 17050 is vacant. kA, BRYAN D. V&ID, DEPUTY 01/17/2012 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: Amber K. Kishbaugh, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Amber K. Kishbaugh. Request for service at 151 N. West Street, Carlisle, Pennsylvania 17013 the Defendant was not found. SHERIFF COST: $70.00 January 17, 2012 SO ANSWERS, .- RON R ANDERSON, SHERIFF ;c. GourtySuIlc 5herifr. Teieoscft, inc. PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, DB/A ERA MORTGAGE tMfrney for Plaintiff a M1 , ? n ,,. J,t, C 4 ?RL,,''ND C 0 U N T Y 174 ' L I-I'SYA VA141A : CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION VS. AMBER K. KISHBAUGH No. 2012-61-CIVIL 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 AMBER K. KISHBAUGH, 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 TOTAL $136,517.21 $136,517.21 I hereby certify that (1) the Defendant's last known addresses are 151 NORTH WEST STREET, CARLISLE, PA 17013-2337,7005 SALEM PARK CIRCLE, MECHANICSBURG, PA 17050-2851, and 2112 W. TRINDLE ROAD, CARLISLE, PA 17013, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date A?'& Mat rushwood, Esquire °' I ? • s0/? J Attorney for Plaintiff 0.'N?1' a Ck- * 11718L/3 DAMAGES ARE HEREBY ASSESSED AS INDICATED. 2 W °?7 ) 7 7 woo.¢ W4 ?'` DATE: PHS # 261861 PROTHONOTARY 261861 PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 Attorney for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION VS. AMBER K. KISHBAUGH No. 2012-61-CIVIL 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 its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant AMBER K. KISHBAUGH is over 18 years of age and resides at 151 NORTH WEST STREET, CARLISLE, PA 17013-2337,7005 SALEM PARK CIRCLE, MECHANICSBURG, PA 17050-2851, and 2112 W. TRINDLE ROAD, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date Ma the rushwood, Esquire Attorney for Plaintiff 261861 (Rule of Civil Procedure No. 236) - Revised PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, DB/A ERA MORTGAGE CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. AMBER K. KISHBAUGH CIVIL DIVISION No. 2012-61-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on By: If you have any questions concerning this matter please contact: Phelan Hallinan & Schmieg, LLP Matthew Brushwood, Esquire Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA TION OBTAINED WILL BE USED FOR THA T PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECTA DEBT, BUT ONLY ENFORCEMENT OF A LIENAGAINST PROPERTY. ** PHH MORTGAGE CORPORATION FWA COURT OF COMMON PLEAS CENDANT MORTGAGE CORPORATION, DB/A CIVIL DIVISON ERA MORTGAGE V. AMBER K. KISHBAUGH Plaintiff NO. 2012-61-CIVIL CUMBERLAND COUNTY Defendant(s) TO: AMBER K. KISHBAUGH 7005 SALEM PARK CIRCLE MECHANICSBURG, 1'7051)-2851 DATE OF NOTICE: r THIS FIRM IS A EBT 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. Office of the Prothonotary Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 0 B Y• Mat hew 13 od, Esquire Attorney 1br Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 261861 PHH MORTGAGE CORPORATION FWA COURT OF COMMON PLEAS CENDANT MORTGAGE CORPORATION, DB/A CIVIL DIVISON ERA MORTGAGE Plaintiff' NO. 2012-61-CIVIL V. CUMBERLAND COUNTY AMBER K. KISHBAUGH Defendant(s) TO: AMBER K. KISHBAUGH 2112 W. TRINDLE ROAD CARLISLE, PA 17013 DATE OF NOTICE:, & 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. EMPORTANT 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. Office of the Prothonotary Cumberland County Courthouse I 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: - - - Matthew Br h od, Esquire Attorney fo aintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 261861 PHH MORTGAGE CORPORATION F/KJA COURTOF COMMON PLEAS CENDANT MORTGAGE CORPORATION, DB/A CIVIL DIVISON ERA MORTGAGE Plaintiff NO. 2012-61-CIVIL V. CUMBERLAND COUNTY AMBER K. KISHBAUGH Defendant(s) TO: AMBER K. KISHBAUGH 151 NORTH WEST STREET CARLISLE, PA 17013-,#37 DATE OF NOTICE: (J 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. 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 -- M tthew 13 Ywood, Esquire Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 261861 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 12-61 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, DB/A ERA MORTGAGE Plaintiff (s) From AMBER K. KISHBAUGH (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: $136,517.21 L.L.: $.50 Interest from 3/31/2012 to Date of Sale ($22.44 per diem) - $3,567.96 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $221.25 Other Costs: Plaintiff Paid: Date: 5/22/12 D(Seal) Deputy REQUESTING PARTY: Name: ROBERT W. CUSICK, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BLVD, SUITE 1400 PHILADELPHIA. PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 80193 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE COURT OF COMMON PLEAS CORPORATION, DB/A ERA MORTGAGE Plaintiff CIVIL DIVISION V. NO.: 2012-61-CIVIL AMBER K. KISHBAUGH Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: o Amount Due -0 $136,517.21 =rn M Interest from 03/31/2012 to Date of Sale Z --c r- $3,567.96 ' t?v rn ($22.44 per diem) ss• C) --nn o TOTAL 140 085.17 cil ?c Schmieg, LLP ick, Esq., Id. No.80193 Plaintiff Note: Please attach description of property. PHS # 261861 aA? 10. OD 013f I b S-75 I'll, 16. Sokia so Ct++ a BssaN R? a?ssv`i W A z O O W H 0 H W U O z ? ?a O A U _ O? ?14 11 P4 w 0 w U Q," > @ oc N ?' w o ?e5 ¢ Q a? m wax kn U Q ?. O 0 W w top U M z 8b a •.: LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the line of adjoiner between Lots 121 and 122 as shown on the hereinafter mentioned plan of lots, said point also being measured in a southerly direction a distance of 40 feet from the southern line of intersection with a 10 feet wide cart path; thence by the line of adjoiner between Lots 121 and 122 aforesaid, South 22 degrees 29 minutes 35 seconds West a distance of 100.0 feet to A point; thence North 67 degrees 30 minutes 25 seconds West along common grounds now or formerly of The Homestead Group, Inc., a distance of 20.0 feet to a point; thence North 22 degrees 29 minutes 35 seconds East along the line of adjoiner between Lots 122 and 123 on said plan a distance of 100.0 feet to a point, thence South 67 degrees 30 minutes 25 seconds East along other common grounds a distance of 20.0 feet to a point, the place of BEGINNING. BEING Lot No. 122 on Plan of Salem Park Land Development, which Plan is recorded in the Cumberland County Recorder of Deeds Office in Plan Book 25, page 12. HAVING thereon erected a townhouse type dwelling. TITLE TO SAID PREMISES VESTED IN Amber K. Kishbaugh, married woman, by Deed from Liberty Investment Associates, Inc., a Pennsylvania business corporation, dated 05/28/2004, recorded 06/03/2004 in Book 263, Page 1759. PREMISES BEING: 7005 SALEM PARK CIRCLE, MECEIANICSBURG, PA 17050.2851 PARCEL NO. 10-19-1606-096 PHELAN HALLINAN & SCHMIEG, LLP Robert W. Cusick, Esq., Id. No. 80193 FILED-OFFICE 1617 JFK Boulevard, Suite 1400 !rPiTh0i0TA" One Penn Center Plaza Philadelphia, PA 19103 2012 MAY 22 AM 11: 51 215-563-7000 CUMBERLAND COUNTY PENNSYLVANIA PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE Plaintiff V. AMBER K. KISHBAUGH Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 2012,61-CIVIL 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 ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 P S. 4904 relating to unworn falsification to authorities. the aftan & Schmtiieg, LLP Robert W. Cusick, Esq., Id. No.80193 Attorney for Plaintiff PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, DB/A ERA MORTGAGE Plaintiff V. AMBER K. KISHBAUGH Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 2012-61-CIVIL CUMBERLAND COUNTY PHS # 261861. AFFIDAVIT PURSUANT TO RULE 3129.1 PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, DB/A ERA MORTGAGE, Plaintiff in the above action, by 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 7005 SALEM PARK CIRCLE, MECHANICSBURG, PA 17050-2851. 1. Name and address of Owner(s) or reputed Owner(s): rW; Name Address (if address cannot be reasonably -, v `'t ascertained, please so indicate) AMBER K. KISHBAUGH 7005 SALEM PARK CIRCLE Z ? -?< Z - t 70 cl MECHANICSBURG, PA 17050-2851 r N CD C? 2112 W. TRINDLE ROAD rG0 CARISLE, PA 17013 Z o t? N 2. Name and address of Defendant(s) in the judgment: 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) HARVEST CREDIT MANAGEMENT VII, LLC 1060 ANDREW DRIVE WEST CHESTER, PA 19380 HARVEST CREDIT MANAGEMENT VII, LLC HARVEST CREDIT MANAGEMENT VII, LLC C/O BURTON NEIL & ASSOCS PC HARVEST CREDIT MANAGEMENT VII, LLC C/O BURTON NEIL, ESQ. BURTON NEIL & ASSOCS PC CACH,LLC CACH, LLC 60017TH STREET, SUITE 2800 SOUTH DENVER, CO 80202 1060 ANDREW DR STE 170 WEST CHESTER, PA 19380 1060 ANDREW DR STE 170 WEST CHESTER, PA 19380 2417 WELSH ROAD PHILADELPHIA, PA 19114 4340, S. MONACO, SECOND FLOOR DENVER, CO 80237 CACH, LLC 520 FELLOWSHIP RD # C306 C/O APOTHAKER & ASSOCIATES, P.C. MT LAUREL, NJ 08054 CACH, LLC 520 FELLOWSHIP RD # C306 C/O DAVID J. APOTHAKER, ESQ. MT LAUREL, NJ 08054 APOTHAKER & ASSOCIATES, P.C. LVNV FUNDING, LLC 4660 TRINDLE ROAD CAMP HILL, PA 17011 LVNV FUNDING, LLC 218 COLLEGE PARK PLZ C/O TIMOTHY M AYRES LLC JOHNSTOWN, PA 15904 LVNV FUNDING, LLC 218 COLLEGE PARK PLZ C/O TONILYN MARIE CHIPPIE, ESQ. JOHNSTOWN, PA 15904 TIMOTHY M AYRES LLC MIDLAND FUNDING, LLC. 1060 ANDREW DRIVE WEST CHESTER, PA 19380 MIDLAND FUNDING, LLC. 1060 ANDREW DR STE 170 C/O BURTON NEIL & ASSOCIATES WEST CHESTER, PA 19380 MIDLAND FUNDING, LLC. 1060 ANDREW DR STE 170 C/O DEREK CORY BLASKER, ESQ. WEST CHESTER, PA 19380 BURTON NEIL & ASSOCIATES MIDLAND FUNDING, LLC. 227 W TRADE ST STE 1610 CHARLOTTE, NC 28202-1676 MIDLAND FUNDING, LLC. 8875 AERO DRIVE, SUITE 200 SAN DIEGO, CA 92123 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) TOWNSHIP OF HAMPDEN 230 SOUTH SPORTING HILL ROAD MECHANICSBURG, PA 17055 TOWNSHIP OF HAMPDEN C/O KEITH ORR BRENNEMAN, ESQ. SNELBAKER & BRENNEMAN, P.C. TOWNSHIP OF HAMPDEN C/O SNELBAKER & BRENNEMAN, P.C. 44 W MAIN STREET MECHANICSBURG, PA 17055 44 W MAIN STREET MECHANICSBURG, PA 17055 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 Address (if address cannot be reasonably ascertained, please indicate) SALEM PARK HOMEOWNERS ASSOC 7134 SALEM PARK CIR MECHANICSBURG, PA 17050 1 SALEM PARK HOMEOWNERS 15 CARLISLE PIKE ASSOCIATION MECHANICSBURG, PA 17055 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 7005 SALEM PARK CIRCLE MECHANICSBURG, PA 17050-2851 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 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 tements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsificati to auth ties. Date: Phelan Hallman & Schmieg, LLP Robert W. Cusick, Esq., Id. No.80193 Attorney for Plaintiff PHH MORTGAGE CORPORATION F/K/A CENDANT COURT OF COMMON PLEAS MORTGAGE CORPORATION, DB/A ERA MORTGAGE CIVIL DIVISION Plaintiff . : NO.: 2012-61-CIVIL VS. AMBER K. KISHBAUGH : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: AMBER K. KISHBAUGH 2112 W. TRINDLE ROAD CARLISLE, PA 17013 AMBER K. KISHBAUGH 7005 SALEM PARK CIRCLE MECHANICSBURG, PA 17050-2851 * *THIS FIRM IS A DEBT COLLECTOR ATTEMP'T'ING 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 7005 SALEM PARK CIRCLE, MECHANICSBURG, PA 17050-2851 is scheduled to be sold at the Sheriffs Sale on 09/05/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carte, PA 17013 to enforce the court judgment of $13+6,517.21 obtained by PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, 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. C-D NOTICE OF OWNER'S RIGHTS rn - zrn -- YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE "" rv rn -<> N 6 a To prevent this Sheriff's Sale, you must take immediate action: z4 :.+e 0-n .C: - o 1. The sale will be canceled if you pay to the mortgagee the back payments, late chargi, casts eipwr reasonable attorney's fees due. To find out how much you must pay, you may call: 215-5613-7600rk 2A 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.) 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 ?. y SHORT DESCRIPTION By virtue of a Writ of Execution NO. 2012-61-CIVIL PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, DB/A ERA MORTGAGE VS. AMBER K. KISHBAUGH owner(s) of property situate in the TOWNSHIP OF HAMPDEN, Cumberland County, Pennsylvania, being (Municipality) (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $136,517.21 Phelan Hall nan & Schm eg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the line of adjoiner between Lots 121 and 122 as shown on the hereinafter mentioned plan of lots, said point also being measured in a southerly direction a distance of 40 feet from the southern line of intersection with a 10 feet wide cart path; thence by the line of adjoiner between Lots 121 and 122 aforesaid, South 22 degrees 29 minutes 35 seconds West a distance of 100.0 feet to a point; thence North 67 degrees 30 minutes 25 seconds West along common grounds now or formerly of The Homestead Group, Inc., a distance of 20.0 feet to a point; thence North 22 degrees 29 minutes 35 seconds East along the line of adjoiner between Lots 122 and 123 on said plan a distance of 100.0 feet to a point; thence South 67 degrees 30 minutes 25 seconds East along other common grounds a distance of 20.0 feet to a point, the place of BEGINNING. BEING Lot No. 122 on Plan of Salem Park Land Development, which Plan is recorded in the Cumberland County Recorder of Deeds Office in Plan Book 25, page 12. HAVING thereon erected a townhouse type dwelling. TITLE TO SAID PREMISES VESTED IN Amber K. Kishbaugh, married woman, by Deed from Liberty Investment Associates, Inc., a Pennsylvania business corporation, dated 05/28/2004, recorded 06/03/2004 in Book 263, Page 1759. PREMISES BEING: 7005 SALEM PARK CIRCLE, MECHANICSBURG, PA 17058-2851 PARCEL NO. 10-19-1606-0% t` E t ?+ JP'# 12 AN S' 24 CUPTTRLAND COUNTY PENNS YLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE Plaintiff CUMBERLAND County V. AMBER K. KISHBAUGH Court of Common Pleas Civil Division No.: 2012-61-CIVIL Defendant RULE AND NOW, this day of 2012, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT C,L "4/, J. 5 261861 Allison F. Wells, Esq., Id. No.309519 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 AMBER K. KISHBAUGH 2112 W. TRINDLE ROAD CARLISLE, PA 17013 ? AMBER K. KISHBAUGH 151 NORTH WEST STREET CARLISLE, PA 17013-2337 Ot AV 7/1x1 3L, AMBER K. KISHBAUGH 7005 SALEM PARK CIRCLE MECHANICSBURG, PA 17050-2851 AMBER K. KISHBAUGH PO BOX 244 LOYSVILLE, PA 17047-0244 261861 261861 Phelan Hallinan & Schmieg, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, DB/A ERA MORTGAGE Plaintiff vs. AMBER K. KISHBAUGH Defendant C ems, n? 1 r \) ATTORNEY FOR PLA1R?F'Fo C- , Court of Common Pleas Civil Division CUMBERLAND County No.: 2012-61-CIVIL CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's July 12, 2012 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. AMBER K. KISHBAUGH AMBER K. KISHBAUGH 2112 W. TRINDLE ROAD 7005 SALEM PARK CIRCLE CARLISLE, PA 17013 MECHANICSBURG, PA 17050-2851 AMBER K. KISHBAUGH 151 NORTH WEST STREET CARLISLE, PA 17013-2337 DATE: AMBER K. KISHBAUGH PO BOX 244 LOYSVILLE, PA 17047-0244 Phelan n & S ieg, LLP Allison F. We , squire Attorney for Plaintiff -?r -?, 261861 AFFIDAVIT OF SERVICE (FNMA) PLAINTIFF CUMBERLAND COUNTY PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE PHS # 261861 c') DEFENDANT SERVICE TEAM/ lxh "173' AMBER K. KISHBAUGH COURT NO.: 2012-61-CIVIL r-n00 Z SERVE AMBER K. KISHBAUGH AT: TYPE OF ACTION 2112 W. TRINDLE ROAD XX Notice of Sheriff's Sale CARLISLE, PA 17013 SALE DATE: Se tember 5 20 12 p p , ,C SERVED ? C Y and made known to AMBER K. KISHBAUGH, Defendant on the gC clay of G t, 20 t t ? g S-5 , o'clock 1. M., at A117. W Tits KOtE ?, ' aLf f in the manner described below: IS-5-1 Defendant personally served. - Adult family member with whom Defendant(s) reside(s). Relationship is - Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. Other: Description: Age 30S Height ry,5" Weight ('90 Race W Sex F _Other co ac r O -4 t t' h a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to tup, penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. A _ DATE: 7 112- NAME PRINTED NAME: Ronald 111011 TITLE: Process Server NOT SERVED On the day of , 20_, at __ o'clock _. M., Defendant NOT FOUND because: Vacant __ Does Not Exist _ Moved __ Does Not Reside (Not Vacant) _ No Answer on at Service Refused Other: 1 understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 John M. Kolesnik, Esq., Id. No. 308877 Matthew G. Brushwood, Esq., Id. No. 310592 G,. E D -^Q(f?• F 1` CE S PHELAN HALLINAN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff fig 2 AUG 13 AM 10: 48 ?LVEBLAND COUNT F'"ENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION F/K/A CUMBERLAND COUNTY CENDANT MORTGAGE CORPORATION, DB/A ERA MORTGAGE COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. No.: 2012-61-CIVIL AMBER K. KISHBAUGH Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified MaUjWurn Receipt stamped by the U.S. Postal Service is attached hereto E ison Esquire -?? Attorney for Plaintiff Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 26 1861 > - W O v: ? n re x. x, x' x- x 6 x x- cc x' xr xx r ? '( x x x oe 77, ?„ ? N '? kx1 c G d (Yl t ? r A ;P r O ? ? T, 5 -+ "CS a ,,? w C O Cn C" A ?" V' -- a C *-3 Y Z sv k, xsx ?,.a°•? -asp ??` > 3?z ?sz d?o y G CIO a a° aye' GS > t x?'z CnO X77 ?G -o y m J1 ?; 5+ a cA r p 'fi ' va '?? ? r3 x ? =r to '? x x ? s t'y ? ? ? n ? - 't R? ?, ?' ?0 y y^s. ? -"?„?, Gi ? ? c+n ? -? Q ?',...+.'?„ ,.. ,... ?: 'a ('? ? ? '?< trs ? (? r? -a ? ,z *s7 / ?' -' '? rya G?ytxr?,ze?? nnrz?.?x?r?z+ aa?? % to co Q 40 ?,. 'TtiC? cnr,,(?b?'?"d ??a•CG?=?`?'Sr??",-3 v:?° ,?,?y,?^.o t• .?° ?a ?Gp 7cIz0 0?7G???C?XnQ??f7o a o O d p a *o ? o a .UG IJ t". ? 7 O rn 9 c sa m ? ? .X a E G ? 1 t v? ro t ? 4 is s x 9S'' y a j l .- a y i c r y r ' O' a -t A- X ? i `nrC 0 G -W?r O G n? ?! y `.• y o r.? o? r y °, i =i ,., Zu^J "??°O?SOZ. ?OOOZ a c ?a `nar707o ? v o"? ?,7C C> cna y 3 ?r? CPo " CPo z? nd7x Mc c .^ 00'n ?p ? ?? G?? ?On u t?s7r, C?n rnS±{?? ~ a is ua r X M ''Gt7 Z y 7 "?i"e L-t 1 R; z C M tt' N T 'iC t .'y' ? „ , es n GNU flj `q ? co- -00 a n nx ts 00 ? a N> 00 w is (: - T?y VI 7y ?1 ? rN N n? T -! :r y o N v: m m c o . - 60 G "" n 7 `'..qJ J r: C.. r O ?' J Vt 0 N V d a° F W T ? n y ! = rv r! AZ - 9 7? E . _ W •+ p' 1D v °i. w c Y { i A r y n f££ O>z N ry N Ll Ol -tt?? O w •r .w{ is n o a " Z' 'D ?r ?r o? 04.670 ov r? n x• z- ? ? W " :z x r Vin, {?Nx? ?r Q ?z00CroOw -3GCn•f`?'r}pnz°nr",.?_C??Y Oz?t-ozxmwxzM,?w..r"x0-a"nOnt''r^i`a,?,na"bc ?x ZWW"C V>O j f lei " C > 00 x u i!1 e- r? (NCH ? C v Q 'U c wCr, C Z ul ut r Ct Cr: 7' N O E n O ?} re C '`' in -o _ n ? f= C ry .. _ rp C n l C 3 3 a ? m "? 3 ie • ? w u ? v n R - T w o ? a3 a ti a r. :/ R 7 ry U J ? f ? F 2 ?' o y w x cr. CJ r.i w K fU r} 0 0 'n tJ C tJ as ro?. % •r? C IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE Plaintiff vs. AMBER K. KISHBAUGH Court of Common Pleas Civil Division :-~ ._ CUMBERLAND City ~: ==: ~ . No.: 2012-61-CIVII n ~ ~ <~f t • ~ ~, w, -... ;. ~ , ~~ ~ ~ `:' Defendant ORDER AND NOW, this ~-~` day ofC~~'~~~-~`~, 2012, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiffs Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance Interest Through September 5, 2012 Per Diem $21.35 Late Charges Legal fees Cost of Suit and Title Property Inspections Property Preservation Mortgage Insurance Premium/ Private Mortgage Insurance Mortgage Insurance Premium to be paid prior to September 5, 2012 Non Sufficient Funds Charge Escrow to be paid prior to September 5, 2012 Escrow Deficit $107,464.13 $26,055.78 $307.10 $1,300.00 $638.75 $291.65 $420.00 $4,023.22 $591.65 $150.00 $1,017.92 $6,087.06 TOTAL $148,347.26 Plus interest from September 5, 2012 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. ,~ S~C^ .,~~ B THE COURT: ~~~ f e14,~ r~ SG~i h7 ;~~. . NG 11,nG ~, ~~p; ~ s ,~,t.a ,~1 ~~ ~/i~//~ A ~ ~- 261861 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~~t~y~tr aC 4~t~n~rty~~~4 .. ~ - ~~~ r~r P~Q t ~~ONO~'Ar Y ~?l10CT 29 AM 10~ ~~ CUMBER(.ANU COUNTY PENNSYLVANIA PHH Mortgage Corporation vs. Case Number Amber K. Kishbaugh 2012-61 SHERIFF'S RETURN OF SERVICE 06/19/2012 07:54 PM -Deputy Ryan Burgett, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Amber K. Kishbaugh at 2112 W. Trindle Road, Carlisle, PA 17013, Cumberland County. 07/17/2012 Michael Barrick, Deputy Sheriff, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 7005 Salem Park Circle, Mechanicsburg, Cumberland County. 09/06/2012 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, PA on September 5, 2012 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Daniel 5chmieg, on behalf of Federal National Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $764.20 October 29, 2012 SO ANSWERS, "`"` RON R ANDERSON, SHERIFF a.a:~ Pte. ~. - sa .~,~. ~~ ~~~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY (CJ ~;nuriySui;e ShBfift, TO:ens,^,ft: In _ PHH 1t~IORTGA~E GORPORAT~ON F/Ii/A CENDANT MORTGAGE CORPOIiATI(~N, D~tA~FItA MORTGAGE Plaintiff v. AMBER K. KISHBAUGH Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION N0.:2012-61-CIVIL CUMBERLAND COUNTY PHS # 261861 AFFIDAVIT PURSUANT TO RULE 3129.1 PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE, Plaintiff in the above action, by 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 7005 SALEM PARK CIRCLE, MECHANICSBURG, PA 17050-2851. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably AMBER K. KISHBAUGH 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE ascertained, please so indicate) 7005 SALEM PARK CIItCLE MECHANICSBURG, PA 17050-2851 2112 W. TRINDLE ROAD CARISLE, PA 17013 Address (if address cannot be reasonably ascertained, please so indicate) 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) HARVEST CREDIT MANAGEMENT VII, 1060 ANDREW DRIVE LLC WEST CHESTER, PA 19380 HARVEST CREDIT MANAGEMENT VII, LLC 600 17TH STREET, SUITE 2800 SOUTH DENVER, CO 80202 HARVEST CREDIT MANAGEMENT VII, LLC C/O BURTON NEIL & ASSOCS PC HARVEST CREDIT MANAGEMENT VII, LLC C/O BURTON NEIL, ESQ. BURTON NEIL & ASSOCS PC CACH, LLC CACH, LLC 1060 ANDREW DR STE 170 WEST CHESTER, PA 19380 1060 ANDREW DR STE 170 WEST CHESTER, PA 19380 2417 WELSH ROAD PHILADELPHIA, PA 19114 4340, S. MONACO, SECOND FLOOR DENVER, CO 80237 CACH,LLC C/O APOTHAKER & ASSOCIATES, P.C. CACH, LLC C/O DAVID J. APOTHAKER, ESQ. APOTHAKER & ASSOCIATES, P.C. LVNV FUNDING, LLC LVNV FUNDING, LLC C/O TIMOTHY M AYRES LLC LVNV FUNDING, LLC C/O TONILYN MARIE CHIPPIE, ESQ. TIMOTHY M AYRES LLC MIDLAND FUNDING, LLC. MIDLAND FUNDING, LLC. C/O BURTON NEIL & ASSOCIATES MIDLAND FUNDING, LLC. C/O DEREK CORY BLASKER, ESQ. BURTON NEIL & ASSOCIATES MIDLAND FUNDING, LLC. MIDLAND FUNDING, LLC. 820 FELLOWSHIP RD # C306 MT LAUREL, NJ 08054 520 FELLOWSHIP RD # C306 MT LAUREL, NJ 08054 4660 TRINDLE ROAD CAMP HILL, PA 17011 218 COLLEGE PARK PLZ JOHNSTOWN, PA 15904 218 COLLEGE PARK PLZ JOHNSTOWN, PA 15904 1060 ANDREW DRIVE WEST CHESTER, PA 19380 1060 ANDREW DR STE 170 WEST CHESTER, PA 19380 1060 ANDREW DR STE 170 WEST CHESTER, PA 19380 227 W TRADE ST STE 1610 CHARLOTTE, NC 28202-1676 8875 AERO DRIVE, SUITE 200 SAN DIEGO, CA 92123 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) TOWNSHIP OF HAMPDEN 230 SOUTH SPORTING HILL ROAD MECHANICSBURG, PA 17055 TOWNSHIP OF HAMPDEN 44 W MAIN STREET C/O KEITH ORR BRENNEMAN, ESQ. MECHANICSBURG, PA 17055 SNELBAKER & BRENNEMAN, P.C. TOWNSHIP OF HAMPDEN 44 W MAIN STREET C/O SNELBAKER & BRENNEMAN, P.C. MECHANICSBURG, PA 17055 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 Address (if address cannot be reasonably ascertained, please indicate) SALEM PARK HOMEOWNERS ASSOC 7134 SALEM PARK CIR MECHANICSBURG, PA 17050 SALEM PARK HOMEOWNERS 15 CARLISLE PIKE .ASSOCIATION MECHANICSBURG, PA 17055 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 7005 SALEM PARK CIRCLE MECHANICSBURG, PA ] 7050-2851 DOMESTIC' RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE 13 NORTH HANOVER STREET CARLISLE, P.A 17013 P.O. BOX 2675 HARRISBURG, PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 U.S. DEPARTMENT OF J[JSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDF,RAL BUILDING 228 WALNUT STREET, SUITE 220 PO BOX ll 754 HARRISBURG, PA 17108-1754 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 fal atements herein are made subject to the penalties of 18 Pa. C.S.A. ~ 4904 relating to unsworn falsificati to auth rities. Date: _~ ------ Phelan Hallinan & Schmieg, LI,P Robert W. Cusick, Esq., Id. No.80193 Attorney for Plaintiff PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, DB/A ERA MORTGAGE Plaintiff vs. COURT OF COMMON PLEAS CIVIL DIVISION N0.:2012-61-CIVIL AMBER K. KISHBAUGH CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: AMBER K. KISHBAUGH AMBER K. KISHBAUGH 2112 W. TRINDLE ROAD 7005 SALEM PARK CIRCLE CARLISLE, PA 17013 MECHANICSBURG, PA 17050-2851 * * THIS FIItM 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 7005 SALEM PARK CIRCLE, MECHANICSBURG, PA 17050-2851 is scheduled to be sold at the Sheriff s Sale on 09/05/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $136,517.21 obtained by PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, DB/A ERA MORTGAGE (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this 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 21230. 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~herif-f 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 cal1215-563-7000. 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 SHORT DESCRIPTION By virtue of a Writ of Execution N0.2012-61-CIVIL PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, DB/A ERA MORTGAGE vs. AMBER K. KISHBAUGH owner(s) of property situate in the TOWNSHIP OF HAMPDEN, Cumberland County, Pennsylvania, being (Municipality) . 7005 SALEM PARK CIRCLE, MECHANICSBURG, PA 17050-2851 Parcel No.10-19-1606-096 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $136,517.21 Phelan Hallman & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Hampden Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the line of adjoiner between Lots 121 and 122 as shown on the hereinafter mentioned plan of lots, said point also being measured in a southerly direction a distance of 40 feet from the southern line of intersection with a 10 feet wide cart path; thence by the line of adjoiner between Lots 121 and 122 aforesaid, South 22 degrees 29 minutes 35 seconds West a distance of 100.0 feet to a point; thence. North 67 degrees 30 minutes 25 seconds West along common grounds now or formerly of The Homestead Group, Inc., a distance of 20.0 feet to a point; thence North 22 degrees 29 minutes 35 seconds East along the line of adjoiner between Lots 122 and 123 on said plan a distance of 100.0 feet to a point; thence South 67 degrees 30 minutes 25 seconds East along other common grounds a distance of 20.0 feet to a point, the place of BEGINNING. BEING Lot No. 122 on Plan of Salem Park Land Development, which Plan is recorded in the Cumberland County Recorder of Deeds Office in Plan Book 25, page 12. HAVING thereon erected a townhouse type dwelling. TITLE TO SAID PREMISES VESTED IN Amber K. Kishbaugh, married woman, by Deed from Liberty Investrnent Associates, Inc., a Pennsylvania business corporation, dated 05/28/2004, recorded 06/03/2004 in Book 263, Page 1759. PREMISES BEING: 7005 SALEM PARK CIRCLE, MECHANICSBURG, PA 17050-2851 PARCEL NO.10-19-1606-096 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-61 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE Plaintiff (s) From AMBER K. KISHBAUGH (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: $136,517.21 L.L.: $.50 Interest from 3/31/2012 to Date of Sale ($22.44 per diem) - $3,567.96 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $221.25 Other Costs: Plaintiff Paid: Date: 5/22/12 ~~~~.~~~ David D. Bu Il, Prothonota (Seal) Deputy REQUESTING PARTY: Name: ROBERT W. CUSICK, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BLVD, SUITE 1400 PHILADELPHIA. PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 80193 TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Court at Carlisl 20Pa.^ This .~1~ daY of r ~- Pro onot~ry ~~~ a ~ ~ ~~ r ~ CUMBERLAND LAW JOURNAL Writ No. 201-61 Civil Term PHH Mortgage Corporation vs. Amber K. Kishbaugh Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 2012-61-CIVIL, PHH MORT- GAGE CORPORATION f/k/a CEN- DANT MORTGAGE CORPORATION, d/b/a ERA MORTGAGE vs. AMBER K. KISHBAUGH owner(s) of prop- erty situate in the TOWNSHIP OF HAMPDEN, Cumberland County, Pennsylvania, being 7005 SALEM PARK CIRCLE, MECHANICSBURG, PA 17050-2851 Parcel No. 10-19- 1606-096. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $136,517- .21. 62 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: July 27, August 3, and August 10, 2012 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ~-~ isa arie Coyne, Editor SWORN TO AND SUBSCRIBED before me this ~ da of Au st 2012 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNN My Commission Expires Apr 28, 2014 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which is the grantee the same having been sold to said grantee on the day of A.D., 20, under and by virtue of a writ Execution issued on the day of , A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 61, at the suit of PHH Mort~a~e Corporation F/K/A Cendant Mortgage Corporation against Amber K. Kishbaueh is duly recorded as Instrument Number 201233348. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this `~ day of A.D. ~x~ ~~~~~ Recorder of Deeds My conxnissi ~'~d ' ~~, ~ Monday of,iar,, zo~4 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ~e ~latriot Neu~s NOw you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss 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 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/ Community Weekly 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: 201s-et CIvN Term 07127112 PHH Mottgape Corporation Vs 08103/12 A~t ~D nlNp~h ~i h , ~ 08110/12 ' , ryr a m eg By virtue of a Writ of Execution N0. 2012-61-CIVII. ~ ~ ~~ -` ' '~ -,-..~_ __ _ ~ ~ ~ ~~ ~ PHH MORTGAGE CORPORATION .r . . , ; . F/K!A CENDANT MORTGAGE CORPORATION, DB/A ERA MORTGAGE ' Sworn to and s;Jbscribed before~me t ~17 ~ y of August, 2012 A.D. vs. AMBER K KiSHBAUGH '- ` owner(s) of property situate in the ' ~ ; TOWNSHIP OF HAMPDEN, N ota P u b l is ry Cumberland county, Pennrykania, being (M~pP~ty) 7005 SALEM PARK CIRCLE, MECHANICSBURG,PA17050-2851 Cr''~n4l~I(}n;WrA~,rH ~,; , ___..__ C~~E~PI~SY_1/gNI?~ Parcel No.10-19-1606-096 t~c,ta*~a~ Seal l (Acreage or street address) ~ «~ ~~ '-- ?~ ~, ~,, yot~ry public Improvements thereon: RESIDENTIAL ~ , i;~"a~ ~,st., ~i•up;;i;2Cour~_v DWELLING ~~' "~~ ;;~ ~ Fxz i es Nov 'F ~O15 JIJDGMENTAMOUNT: $136,517.21 '~_--~.~ ~ ' `~` ^,^,r ~?c, ; _~, horHatFS