HomeMy WebLinkAbout04-5221
FEDERMAN AND PHELAN, LLP
By: FRANK FEDERMAN, ESQ" Id. No. 12248
LAWRENCE T. PHELAN, ESQ" Id, No, 32227
FRANCIS S. HALLINAN, ESQ" Id. No, 62695
ONE PENN CENTER PLAZA, SUITE 1400
PHILADELPHIA, PA 19103
(215) 563-7000
ATTORNEY FOR PLAINTIFF
CHASE MANHATTAN MORTGAGE CORPORATION
3415 VISION DRIVE
COLUMBUS,OH 43219
COURT OF COMMON PLEAS
CIVIL DIVISION
Plaintiff
TERM
No.04-S~.1.1 Cl(.~~L~~
CUMBERLAND COUNTY
v,
JOHNT, SPARKS
198 CREEKSIDE DRIVE
ENOLA, P A 17025
Defendant
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
court without further notice for any money claimed in the complaint or for any other claim or
relief requested by the plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW,
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER,
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE,
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(800)990-9108
File #: ] 00842
File #: 100842
IF THIS IS THE FIRST NOTICE THAT YOU HAVE
RECEIVED FROM THIS OFFICE, BE ADVISED THAT:
I'URSUANT TO THE FAIR DEBT COLLECTION
PRACTICES ACT, 15 U.S.c. ~ 1692 et seq. (1977),
DEFENDANT(S) MAY DISPUTE THE VALIDITY OF
THE DEBT OR ANY PORTION THEREOF. IF
DEFENDANT(S) DO SO IN WRITING WITHIN
THIRTY (30) DAYS OF RECEIPT OF THIS
PLEADING, COUNSEL FOR PLAINTIFF WILL
OBTAIN AND PROVIDE DEFENDANT(S) WITH
WRITTEN VERIFICATION THEREOF;
OTHERWISE, THE DEBT WILL BE ASSUMED TO
BE VALID. LIKEWISE, IF REQUESTED WITHIN
THIRTY (30) DAYS OF RECEIPT OF THIS
PLEADING, COUNSEL FOR PLAINTIFF WILL
SEND DEFENDANT(S) THE NAME AND ADDRESS
OF THE ORIGINAL CREDITOR, IF DIFFERENT
FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT
UNTIL THE END OF THE THIRTY (30) DAY
PERIOD FOLLOWING FIRST CONTACT WITH
YOU BEFORE SUING YOU TO COLLECT THIS
DEBT. EVEN THOUGH THE LAW PROVIDES
THAT YOUR ANSWER TO THIS COMPLAINT IS
TO BE FILED IN THIS ACTION WITHIN TWENTY
(20) DAYS, YOU MAY OBTAIN AN EXTENSION OF
THAT TIME. FURTHERMORE, NO REQUEST
WILL BE MADE TO THE COURT FOR A
JUDGMENT UNTIL THE EXPIRATION OF THIRTY
(30) DAYS AFTER YOU HAVE RECEIVED THIS
COMPLAINT. HOWEVER, IF YOU REQUEST
PROOF OF THE DEBT OR THE NAME AND
ADDRESS OF THE ORIGINAL CREDITOR WITHIN
THE THIRTY (30) DAY PERIOD THAT BEGINS
UPON YOUR RECEIPT OF THIS COMPLAINT,
THE LAW REQUIRES US TO CEASE OUR
EFFORTS (THROUGH LITIGATION OR
OTHERWISE) TO COLLECT THE DEBT UNTIL
WE MAIL THE REQUESTED INFORMATION TO
YOU. YOU SHOULD CONSULT AN ATTORNEY
FOR ADVICE CONCERNING YOUR RIGHTS AND
OBLIGATIONS IN THIS SUIT.
IF YOU HAVE FILED BANKRUPTCY AND
RECEIVED A DISCHARGE, THIS IS NOT AN
ATTEMPT TO COLLECT A DEBT. IT IS AN
ACTION TO ENFORCE A LIEN ON REAL ESTATE.
1. Plaintiff is
CHASE MANHATTAN MORTGAGE CORPORATION
3415 VISION DRIVE
COLUMBUS,OH 43219
2, The name(s) and last known address(es) of the Defendant(s) are:
JOHNT. SPARKS
198 CREEKSIDE DRIVE
ENOLA, P A 17025
who is/are the mortgagor(s) and real owner(s) of the property hereinafter described.
3, On 05/15/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises
hereinafter described to THE WASHINGTON SAVINGS BANK, F,S,B, which
mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in
Mortgage Book No. 1812, Page: 57. By Assignment of Mortgage recorded 09/22/2003
the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment
of Mortgage Book No, 701, Page 4872.
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 07/01/2004 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 #: 100842
6, The following amounts are due on the mortgage:
Principal Balance
Interest
06/01/2004 through 10/15/2004
(Per Diem $14,15)
Attorney's Fees
Cumulative Late Charges
05/15/2003 to 10/15/2004
Cost of Suit and Title Search
Subtotal
$88,135.59
1,938.55
1,250.00
79,23
$ 550.00
$ 91,953,37
Escrow
Credit
Deficit
Subtotal
TOTAL
0.00
202.47
$ 202.47
$ 92,155.84
7, The attorney's fees set forth above are in conformity with the mortgage documents and
Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's
Sale, If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be
charged,
8, 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) haslhave failed to meet with the Plaintiff
or an authorized consumer credit counseling agency, or haslhave been denied assistance
by the Pennsylvania Housing Finance Agency.
9, This action does not come under Act 6 of 1974 because the original mortgage amount
exceeds $50,000,
WHEREFORE, PLAINTIFF demands an in!ru! Judgment against the Defendant(s) in the sum of
$ 92,155,84, together with interest from 10/15/2004 at the rate of$14.15 per diem to the date of
Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and
sale of the mortgaged property.
FEDERMA
By: /s/Fran '
FRANK FEDERMAN, ESQUIRE
LAWRENCE T. PHELAN, ESQUIRE
FRANCIS S. HALLINAN, ESQUIRE
Attorneys for Plaintiff
File #: 100842
>
ALL THAT CERTAIN piece or~arcel of land, together with the
improvements erected thereon, situate, lying and being in East
pennsboro Township, Cumberland County, Pennsylvania, about one mile
west of West Fairview and about two miles north of Camp Hill, along
the western side of the Condoguinet Creek Public Road leading from the
State Highway southward to the Harrisburg-Carlisle Pike, bounded and
described as follows, to wit:
BEGINNING at a post at the western side of the aforesaid Public Road
and the northern said of a private road belonging now or formerly of
Vernon R. Bowman, said post being North 1 degree 30 minutes West, and
37.5 feet distant from an Elm Tree at the southern side of said
private road at the corner of land now or formerly of Eugene McCreary;
thence along the northern side of the aforesaid private road, North 80
degrees West, 249 feet to a post at land now or formerly of Vernon R.
Bowman; said post being North 5 degrees West and 80 feet distant form
the Locust Tree at the corner of land now or formerly of Eugene
McCreary and Vernon R. Bowman; thence along land now or formerly of
Vernon R. Bowman, North 15 degrees West, 150 feet to a post at land
now or formerly of Vernon R. Bowman; thence by the same, South 81
degrees 31 minutes 30 seconds East, 267.38 feet (erroneously set forth
in prior recorded Deed as SOuth 82 degrees 30 minutes East, 271 feet
to a post) to an iron pipe at the western side of the said Public
Road; thence along the western side of the said Public Road; South 7
degrees 30 minutes East, 150 feet to a post, the Place of BEGINNING.
CONTAINING 143 perches, more or less, and having thereon erected a
residential dwelling numbered 198 Creekside Drive, Enola, Pennsylvania.
BEING THE SAME PREMISES which Noel M. Sufrin and Deborah K. Sufrin, his
wife by their Deed dated May 15, 2003 and which is intended to be
recorded, granted and conveyed unto John T. Sparks.
PREMISES BEING: 198 CREEKSIDE DRIVE
-..
VERIFICA TION
JOE KOONCE hereby states that he is ASSISTANT SECRETARY of CHASE
MANHA TT AN MORTGAGE CORPORATION, mortgage servicing agent for Plaintiff in this matter,
and that he is authorized to take this Verification, and thm the statements made in the foregoing Civil
Action i!l~1ongage Foreclosure are true and correct to the best of his knowledge, information and
behef. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S, See,
4904 relating to unswow falsification to authorities,
JOE KOONCE ASSISTANT SECRETARY
DATE:
/6/ /3/oV
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(Rule of Civil Procedure No. 236) - Revised
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
CHASE MANHATTAN MORTGAGE
CORPORA nON
3415 VISION DRIVE
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
Plaintiff,
v.
NO. 04-5221 CIVIL TERM
JOHN T. SPARKS
Defendant(s).
Notice is given that a Judgment in the above-captioned matter has been entered against you on
Fe- b 18 2005.
By. ~ 11JiJ
DEPUT .
If you have any questions concerning this matter, please contact:
DANIEL G, SCHMIEG. ESQUIRE
Attorney for Plaintiff
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHNF, KENNEDY BLVD" SUITE 1400
PHILADELPHIA, PA 19I03-1814
(215) 563-7000
"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE, IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD
NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN
AGAINST PROPERTY,"
PHELAN HALLINAN & SCHMIEG, L.L.P.
By: DANIEL G. SCHMIEG
Identification No. 62205
Attorney for Plaintiff
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
CHASE MANHATTAN MORTGAGE
CORPORATION
3415 VISION DRIVE
COLUMBUS, OH 43219
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
Plaintiff,
v.
NO. 04-5221 CIVIL TERM
JOHN T. SPARKS
Defendant(s).
PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter an in rem judgment in favor of the Plaintiff and against JOHN T. SPARKS,
Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof
and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows:
As set forth in Complaint
Interest from 10115/04 to 2117/05
TOTAL
$92,155,84
$1,782.90
$93,938.74
I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and
(2) that notice has been given in accordance with Rule 237.1, copy attached,
~ G .MJ",.u:,~
DANIEL G, SCHMIEG, ES UIRE
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICA TED.
DATE: {).I'io) (~I1JllJ~ / ~
PRO PROTHY
FEDERMAN PHELAN, LLP
By: Lawrence T. Phelan, Esq" Id. No. 32227 ATTORNEY FOR PLAINTIFF
Francis S, Hallinan, Esq" Id, No, 62695
Daniel G, Schmieg, Esq" Id, No. 62205
Thomas M, Fedennan, Esq., [d, No, 64068
One Penn Center Plaza, Suite 1400
Philadelphia, PA 1910~
(71 'i) 'i1i1- 7000
CHASE MANHATTAN MORTGAGE CORPORATION : COURT OF COMMON PLEAS
Plaintiff
: CIVIL DIVISION
Vs.
: CUMBERLAND COUNTY
JOHN T SPARKS
Defendants
: NO, 04-5221 CML TERM
TO: JOHN T SPARKS
198 CREEKSIDE DRIVE
ENOLA, P A 17025
DATE OF NOTICE: NOVEMRRR 10 2004
THIS FIRM [S 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 W[TH 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 MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS,
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER,
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH
INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A
REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY
LAWYER REFERRAL SERVICE
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(800)990-9108
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RANCIS S, HALLINAN, ESQUIRE
A ttomeys for Plaintiff
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-05221 F
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLI<ND
VS
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CHASE MANHATTAN MORTGAGE CORP
SPARKS JOHN T
HAROLD WEARY
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
SPARKS JOHN T
the
DEFENDANT
at 1933:00 HOURS, on the 9th day of November, 2004
at 198 CREEKSIDE DRIVE
ENOLA, PA 17025
by handing to
LORI SPARKS, DAUGHTER
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
22.20
.00
10.00
.09
50.20
So Answers:
r~~J'
R. Thomas Kline
11/10/2004
FEDERMAN & PHELAN
Sworn and Subscribed to before
By:
714 4/,~
Deputy Sh riff
me this
day of
A.D.
Prothonotary
\
Request for Military Status
Page I of 1
Department of Defense Manpower Data Center
FEB-17-2005 11 :45:44
Military Status Report
Pursuant to the Servicemen's Civil Relief Act of2003
<Last Name First Middle Begin Date I Active Duty Status I Service/ Agency
SPARKS JOHN T,
Currently not on Active Military Duty, based on the Social Security Number and last name
provided.
Upon searching the information data banks of the Department of Defense Manpower Data Center, the
above is the current status of the Defendant(s), per the Information provided, as to all branches ofthe
Military.
~W~~6--~
Robert J, Brandewie, Director
Department of Defense - Manpower Data Center
1600 Wilson Blvd" Suite 400
Arlington, VA 22209-2593
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that
maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the
official source of data on eligibility for military medical care and other eligibility systems.
If you have information that makes you feel that the DMDC respouse is not correct, please fax
your response to 703-696-4156 or call 703-696-6762 and further research will be done. For
personal privacy reasons, SSNs are not available ou this printed results page. Requesters
submitting a SSN only receive verification that the SSN they submitted is a match or non-
match.
https://www.dmdc.osd.mil/udpdri/owa/sscra.prc _Select
2/17/2005
PHELAN HALLINAN & SCHMIEG, L.L.P.
By: DANIEL G. SCHMIEG
Identification No. 62205
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
ATTORNEY FOR PLAINTIFF
CHASE MANHATTAN MORTGAGE
CORPORATION
3415 VISION DRIVE
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
Plaintiff,
v.
NO. 04-5221 CIVIL TERM
JOHN T. SPARKS
Defendant(s).
VERIFICATION OF NON-MILITARY SERVICE
DANIEL G, SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in
the above-captioned matter, and that on information and belief, he has knowledge ofthe following facts,
to wit:
(a) that the defendant(s) is/are not in the Military or Naval Service of the United States
or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress
of 1940, as amended,
(b) that defendant JOHN T. SPARKS is over 18 years of age and resides at ,198
CREEKSIDE DRIVE, ENOLA, PA 17025.
This statement is made subject to the penalties of 18 Pa, C.S, Section 4904 relating to
unsworn falsification to authorities,
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DANIEL G. SCHMIEG, E QUIRE
Attorney for Plaintiff
LEGAL DESCRIPTION
ALL THAT CERTAIN piece or parcel of land, together with the improvements erecled thereon. situate.
Iyin& and being in East Peoosbom Township. Cumllerland COOllty, Pennsylvania. about one mile Wc:st
of West Pairviewand about two mlles Nonb of Camp Bill, along the Weslern side of the Condoguinct
Creek Publie Road leading from the State Highway SoodlWllrd to the Harrisburg-Carlisle Pike, bouIKled
and dellcribed as follows. to wit:
BEGINNING at a JlQSl at the Western side of the aforesaid Public Road and the Northern said of a
private Road belonging /lOW or fumu:rly of Vernoo R. Bowman. said Post being North I degree 30
mil1UfA:S West. and 37.S feel dislllnce frQlll an Elm Tree at tile Southern side of said private road at the
comer of land now or formerly of Eugene McCreary. thence along the Nortbern side of the aforesaid
private road, North 80 degrees Wc&, 249 feet to a post at land now or formerly of Vernoll R. Bowman;
said post being North ~ degrees Won and 80 feel distant fonn the Locust Tree alllle comer of IaIId now
or fonnerly of ElIge"" McCreary and Vernon R, BowmaJl; thence along land now or fonnerly of
VerDOn R. Bowman, North IS degKeS Wc:st, 1~0 feel ro a post at IaDd now or fornJefly of Vernon R.
Bowman: mence by the same, South 81 degrees 31 minutes 30 SCCQnds East. 1678.38 feet (erroneoll'lly
set fordl in prior recorded Deed as South 82 degrees 30 minutes East, 271 feet to a post) to an iron pipe
at tho Western side uf the saJd Public Road, t:beoce along the WC8tern .ide of the said Public Road:
South 7 degrees 30 minutes East, ISO feel to a post, the place of beginning.
CONT AINlNG 143 perches. more or less. and having thereon erected a residential dwelling numbered
198 Creekside Drive, EnoIa. Pemlsylvania..
TITLE TO SAID PREMISES IS VESTED IN John T. Sparks, by Deal from Noel M. Sufrin and
Deborah K. Sufrin, his wife, dated 5/1511003 and recoroed 5/16/2003 in Deed Book 251. Page 338.
PROPERTY ADDRESS: 198 CREEKSIDE DRIVE, ENOLA, PA 17025
TAX PARCEL: # 09-17-1042-005
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PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P.3180-3183
CHASE MANHATTAN MORTGAGE
CORPORATION
Plaintiff,
v.
No. 04-5221 CIVIL TERM
JOHN T. SPARKS
Defendant(s).
TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
Amount Due
$93,938.74 j
Interest from 2/17/05 to JUNE 8, 2005
(per diem -$15.44)
$1,713,84 and Costs
TOTAL
$95,652.58
btJMU} (, 1c~
DANIEL G. SCHMIEG, E UIRE
One Penn Center at Suburban Station
1617 John F, Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
Attorney for Plaintiff
Note: Please attach description of property,No.
IMPORTANT NOTICE: This property is sold at the direction of 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.
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LEGAL DESCRIPTION
ALL THAT CERTAIN piece or parcel of land. together wilb Ibe improvements erected l~~n. sitUate.
lying and being in East Pennsboro Township. Cumberland County. f'ellllllylvani.1. about Me mile WesI
of West Fairview and about two mUes N\Uth of Camp Hill. along tile Western side of the Condoguinet
ereck Public Road lading from !he State Highway Soutllward to the Harrisburg-Carlisle Pike, bounded
and dellcribed as follows, to wit:
BEGINNING at a post ar the Western side of tile aforesaid Public Ro<Id aI1ll the NOI1bern said of a
private Road belonging /lOW or formerly of VerOOll R. Bowman. said post heing Nortlt I degree 30
minures West, and 37.S feel <lisUlnce from an Elm Tree at !he Southern aide of said private mad at die
corner of land now or formerly of Eugene McCreary, thence lIillDg the Nortbern side of the aforesaid
private road. North 80 ~ West, 249 feet to a post at land !lOW or formerly of VemOll R. Bowman;
said post being Notlh S degrees Well! and 80 feet distant fonn the Locust Tree at the coraer fIf I:md now
or formerly of Eugene McCreary and Vernon R. Bowman; thence aloog land now or formerly of
Vernon R.. Bowman. Nottlt 1:, llegrces Well't, ISO feet to a post at land now or fonnerly of Vernon R.
BoWlllllll: thence by the SllII'IC. Soulb gl degrees 31 minl1tes 30 seconds East, 2678.38 feet (erroneously
ser forth in prior recorded De~ ltS South 82 degrees 30 mil1llleS East. 271 feet to a post) to an iron pipe
at the Western side of the said Public Ro8d. thence along the Western side of the said Public Road;
South 7 degrees 30 minutes East, LID feet to a poS!, the pla<:e of beginning,
CON! AININO 143 perches. more or less. and having tlK:roon erected a residential dwelling numbered
198 Creekside Drive, Enolll, Pennsylvania.
TITLE TO SAIl? PREMISES IS VESTED IN John T. Sparks, by Deed from Noel M. Sufrin and
Deborah K, Sufrin, bis wife. dated 5/1512003 and recorded 5/16/2003 in Deed Book 257, Page 338_
PROPERTY ADDRESS: 198 CREEKSIDE DRIVE, ENOLA, P A 17025
TAX PARCEL: # 09-17-1042-005
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WRIT OF EXECUTION and/of ATTACHMENT
COMMONWEALTH OF PENNSYL VANIA)
COUNTY OF CUMBERLAND)
NO 04-5221 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due CHASE MANHATTAN MORTGAGE CORPORATION
Plaintiff(s)
From JOHN T. SPARKS, 198 CREEKSIDE DRIVE, ENOLA PA 17025.
(1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE
LOCATED AT 198 CREEKSIDE DRIVE, ENOLA PA 17025 (SEE LEGAL
DESCRlPTON) .
(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 gamishee(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 himlher that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $93,938.74
L. L. $50
Interest FROM 2/17/05 to 6/8/05@$15.44pefdiem = $1,713.84
Atty's Comm %
Ally Paid $132.20
Plaintiff Paid
Date: FEBRUARY 18, 2005
Due Prothy $1.00
Other Costs
CURTIS R. LONG
(Seal)
By:
eve...
DeputY
REQUESTING PARTY:
Name DANIEL G. SCHMIEG, ESQ.
Address: ONE PENN CENTER @ SUBURBAN STATION
1617 JFKBLVD., STE 1400, PHILADELPHIA PA 19103-1814
Attorney for: PLAINTIFF
Telephone: (215) 563-7000
Supreme Court ID No. 62205
PHELAN HALLINAN & SCHMIEG, L.L.P.
By: DANIEL G. SCHMIEG
Identification No. 62205
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
ATTORNEY FOR PLAINTIFF
CHASE MANHATTAN MORTGAGE
CORPORATION
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff,
v.
CIVIL DIVISION
JOHN T. SPARKS
NO. 04-5221 CIVIL TERM
Defendant(s).
CERTIFICATION
DANIEL G, SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in
the above-captioned matter, and that the premises are not subject to the provisions of Act 91
because it is:
() an FHA mortgage
() non-owner occupied
() vacant
( X) Act 91 procedures have been fulfilled
This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
~i G J,1'~
DANIEL G. SCHMIEG, QUIRE
Attorney for Plaintiff
....
CHASE MANHATTAN MORTGAGE
CORPORATION
CUMBERLAND COUNTY
,
Plaintiff,
COURT OF COMMON PLEAS
v.
CIVIL DIVISION
JOHN T. SPARKS
NO. 04-5221 CIVIL TERM
Defendant(s).
AFFIDA vrT PURSUANT TO RULE 3129
(Affidavit No.1)
CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff in the above action, by its
attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of
Execution was filed the following information concerning the real property located at 198
CREEKSIDE DRIVE, ENOLA, PA 17025.
1. Name and address ofOwner(s) or reputed Owner(s):
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
JOHN T. SPARKS
198 CREEKSIDE DRIVE
ENOLA, PA 17025
2. Name and address ofDefendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
,
4. Name and address of last recorded holder of every mortgage of record:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
5, Name and address of every other person who has any record lien on the property:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale.
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in
the property which may be affected by the sale:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenant/Occupant
198 CREEKSIDE DRIVE
ENOLA, PA 17025
Domestic Relations of Cumberland County
13 North Hanover Street
Carlisle, P A 17013
Commonwealth of Pennsylvania
Department of Welfare
PO Box 2675
Harrisburg, PA 17105
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties ofl8 Pa, C,S, Sec. 4904 relating to unsworn falsification to authorities.
Februarv 17, 2005
DATE
~~p ~ .},f~
DANIEL G. SCHMIEG, ES UIRE
Attorney for Plaintiff
CHASE MANHATTAN MORTGAGE
CORPORATION
CUMBERLAND COUNTY
Plaintiff,
No. 04-5221 CIVIL TERM
v.
JOHN T. SPARKS
Defendant(s).
February 17, 2005
TO: JOHN T. SPARKS
198 CREEKSIDE DRIVE
ENOLA, PA 17025
**THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE
AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. **
Your house (real estate) at 198 CREEKSIDE DRIVE, ENOLA, PA 17025, is scheduled to be
sold at the Sheriffs Sale on JUNE 8, 2005 at 10:00 a,m. in the Cumberland County Courthouse, South
Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $93,938.74 obtained by CHASE
MANHATTAN MORTGAGE CORPORATION (the mortgagee) against you, In the event the sale is
continued, an announcement will be made at said sale in compliance with Pa.R,C.P., Rule 3129.3,
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (215) 563-7000.
2, You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered, You may also ask the Court to
postpone the sale for good cause.
3, You may also be able to stop the sale through other legal proceedings,
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale, (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
L If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling (215) 563-7000,
2. You may be able to petition the Court to set aside the sale if the bid price was grossl y
inadequate compared to the value of your property,
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To
find out if this has happened, you may call (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5, You have the right to remain in the property until the full amount due is paid to the Sheri ff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6, You may be entitled to a share of the money which was paid for your house, A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (\0) days after the distribution is filed.
7, You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff, It may not be sold
in the absence of a representative of the plaintiff at the Sheriffs Sale, The sale must be
postponed or stayed in the event that a representative of the plaintiff is not present at the sale,
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
LEGAL DESCRIPTION
ALL THAT CERTAIN piece or parcel of land, lllgether with the improvements erected lhert>W1, situate,
lying and being in East Perlnsboro Township, Cumberland COlInty, Pennsylvania, about one mlle West
of West Fairview and about IwO mlles Nortb of Camp IIill. along the Western siOO of the Condoguinel
Creek Public Roalllc:ading from the State Highway SoodJward to the Harrisburg-Carlisle Pike, bounded
and ~ibed as follows, to wit
BEGINNING al a pool at the Western side of tbe aforesaw Public Road and the Northern said of a
privale Road belonging now or fulllll:rly of Vernon R. Bowman, said post heing North 1 degree 30
minutes We.~t, and 37.5 feet dislance from an Elm Tree al tile Southern side of said private road at the
comer of land now or formerly of Eugene McCrelUY, the~ along !he Northern side of the afuresaid
private road, North 80 degrees West, 249 feet to a poSI alland now or formerly of Vernon R_ Bowman;
said post being North S degrees West and 80 feel distant fonn the Locust Tree at lite corner of IamI now
or funnedy of Eugene McCreary and Vernon R, Bowman; lItence along land lUll\' or formerly of
Vernon R, Bowman, North 1:5 degrees WClit, ISO feet to a pm' at land now or fomlerly of Vernon R.
Bowl1lllll; !hence by Ihe SlIIIle, South 81 degrees 31 minutes 30 secoods East. 2618.38 feel (erroneously
SlOt forth in prior recorded Deed as Sou!h 82 degrees 30 minutes East. 271 feet to a post) to an iron pipe
at the Western side of the said Public Road, thence along lite Western side of the said Public Road;
South 7 degrees 30 minures Easl, 150 reet 10 a flOsl, Ibe plac<: of b<:ginning,
CONTAINING 143 perches, morc or less, and having lherron erected a residential dwelling numbered
ll)g Creekside Drive, Enola. Pennsylvania.
TITLE TO SAID PREMISES IS VESTED IN John T. Sparks, by DeeIl from Noel M, Sufrin and
Deborah K SUfrin, bis wire, dated 5/15/2003 and recorded 5/16/2003 in Deed Book 257, Page 338_
PROPERTY ADDRESS: 198 CREEKSIDE DRIVE, ENOLA, PA 17025
TAX PARCEL: # 09-17-1042-005
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-05221 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CHASE MANHATTAN MORTGAGE CORP
VS
SPARKS JOHN T
HAROLD WEARY
r Sheriff or Deputy Sheriff of
Cumberland CountYrPennsylvaniar who being duly sworn according to lawr
saysr the within COMPLAINT - MORT FORE
was served upon
SPARKS JOHN T
the
DEFENDANT
r at 1933:00 HOURSr on the 9th day of November r 2004
at 198 CREEKSIDE DRIVE
ENOLAr PA 17025
by handing to
LORI SPARKSr DAUGHTER
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
22.20
.00
10.00
.00
50.20
So Answers:
.~~~
R. Thomas Kline
11/10/2004
FEDERMAN & PHELAN
Sworn and Subscribed to before
By:
"74 ~
Deputy S~iff
--
me this 6 ~ day of
()ro:/ A.D.
NORMAN R. RUNK and
NANCY 1. RUNK, husband and wife,
Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: No, 03-5221 Civil
VI.
JURY TRIAL DEMANDED
WARREN HODGES,
Defendant
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 ajudgmentrnaybe 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 Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(800) 990-9108
AVISO
USTEO HA SIDO OEMANDADO/A EN CORTE. Si usted desea defenderse de 1as
demandas que se presentan mas ade1ante en las siguientes paginas, debe tomar acci6n dentro de 10s
pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando
personalmente 0 por medio de un abogado una comparecencia escrita y radicando en 1a Corte por
escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya, Se Ie
advierte de que si usted falla de tomar acci6n como se describe anteriormente, e1 caso puede proceder
sin usted y un fallo por cua1quier suma de dinero rec1amada en 1a demanda 0 cualquier otra
rec1amaci6n 0 remedio solicitado por e1 demandante puede ser dictado en contra suya por la Corte
sin mas aviso adicionaL Usted puede perder dinero 0 propiedad u otros derechos importantes para
usted.
USTEO DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEOIA T AMENTE.
SI USTED NO TIENE UN ABOGADO, LLAME 0 V A Y A A LA SIGUIENTE OFICINA. EST A
OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN
ABOGADO,
SIUSTED NO PUEDE P AGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE
QUE ESTA OFICINA LE PUEOA PROVEER INFORMACION SOBRE AGENCIAS QUE
OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE
CUALIFICAN,
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(800) 990-9108
Dated:
SHUMAKER WILLIAMS, P.c.
B ~..
Y /
}1arc 6. arlow, 1.0. #23474
Melissa A. Swauger, LD. #82382
P.O, Box 88
Harrisburg, PA 17108
(717)763-1121
Attorney for Plaintiffs
NORMAN R, RUNK and
NANCY J. RUNK, husband and wife,
Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
No, 03-5221 Civil
v.
JURY TRIAL DEMANDED
WARREN HODGES,
Defendant
COMPLAINT
NOW COME Plaintiffs Norman R. Runk and Nancy J, Runk, husband and wife, by their
undersigned counsel, Shumaker Williams, P.c., and respectfully file this Complaint and in support
thereof aver as follows:
L Plaintiff Norman R. Runk is an adult individual who resides at 86 Bali Hai Road,
Mechanicsburg, Cumberland County, Pennsylvania.
2. Plaintiff Nancy J. Runk is an adult individual who resides at 86 Bali Hai Road,
Mechanicsburg, Cumberland County, Pennsylvania.
3, Defendant Warren Hodges is an adult individual with a last known residence address
of219 N, Furnace Street, Birdsboro, Berks County, Pennsylvania.
4. On or about October 14, 2001, Plaintiff Norman R. Runk was operating a motor
vehicle traveling east on the Pennsylvania Turnpike in Cumberland County, Pennsylvania,
5. Plaintiff Nancy J. Runk was a passenger in Norman R. Runk's vehicle.
6. Defendant Hodges was also operating a motor vehicle and traveling east on the
Pennsylvania Tumpike in Cumberland County, Pennsylvania,
7. As Plaintiff Norman R Runk attempted to pass Defendant Hodges' vehicle by
moving into the righthand lane and then returning to the lefthand lane, Defendant Hodges
deliberately increased his speed to try to prevent Plaintiff Norman R. Runk from reentering the
lefthand lane of traveL
8. Defendant Hodges failed to pay proper attention to the road and was traveling too fast
for conditions,
9. The accident was caused by the negligence and recklessness of Defendant Hodges and
was in no way caused by the Plaintiffs.
lO. The negligence and recklessness of Defendant Hodges consisted of some or all of the
following:
(a) failure to operate and control his motor vehicle in a safe manner;
(b) failure to pay attention to the road or observe the motor vehicle with which he collided:
(c) failure to control his motor vehicles so as to avoid a collision;
(d) failure to apply his brakes in time to avoid a collision;
(e) negligently applying his brakes;
(f) failure to operate his motor vehicles in accordance with Ihe traffic conditions at the time;
(h) violations of the Statutes ofthe Commonwealth of Pennsylvania governing the operation
of motor vehicles on the streets and highways, including by not limited to:
(i) operation of a motor vehicle at a speed greater than that which would permit the
driver to bring his vehicle to a stop within the assured clear distance ahead in
violation of75 Pa.C.S. 93361.
(ii) driving a vehicle in careless disregard for the safety of persons or property in
violation of75 Pa.C.S. 93714.
11. The wrongful actions of Defendant Hodges were the proximate, legal, substantial and
direct cause of the injuries suffered by the Plaintiffs.
12. As a direct and proximate result of the wrongful actions of Defendant Hodges set
forth above, Plaintiffs have suffered and will continue to suffer great pain, disfigurement, suffering,
fear, mental anguish, emotional distress, embarrassment and humiliation.
13, Plaintiffs have sustained and will continue to sustain a permanent loss of the
enjoyment oflife and loss oflife's pleasures.
14, Plaintiffs are covered by the "full tort" alternative pursuant to 75 Pa,C.S. 91705,
and/or in the alternative the injuries suffered by Plaintiffs and are or were serious under 75 Pa.C.S.
9 1705( d).
COUNT I - Nel!lil!ence
(Plaintiff Norman Runk v. Defendant Warren Hodges)
15, Paragraphs 1 through 14 above are incorporated herein by reference as if fully set
forth at length.
16. As a direct and proximate result of the wrongful actions of Defendant Hodges,
Plaintiff Norman R Runk sustained serious and permanent injuries as follows:
(a) crushed left forearm with compartment syndrome;
(b) severe multiple abrasions and lacerations to his face, limbs and body;
(c) full thickness skin loss ofleft forearm;
(d) glass fragments in both eyes;
(e) severe strain, sprain, stiffness, and injury to his left shoulder, left forearm,
right hand, fingers, chest and associated soft tissues, arteries, veins and/or other blood vessels
and nervous tissues;
(f) damage to the muscles, blood vessels and other soft tissues of his body,
including without limitation his left foreann, right hand, fingers, chest, and other parts of his
body;
(g) severe scamng;
(h) limitation in mobility of left wrist;
(i) such other injuries as may become known in the future;
(j) all of the above are or may be permanent; and
(h) the above have required and/or in the future may require medical or surgical
treatment, including skin grafts, and/or other treatment and therapy.
17. As a direct and proximate result of the wrongful actions of Defendant Hodges set
forth above, Plaintiff Norman R Runk has sustained and may continue to sustain a loss of earnings
and earning power and earning capacity for which a claim is hereby made.
18, As a direct and proximate result of the wrongful actions of Defendant Hodges set
forth above, Plaintiff Norman R Runk has or may incur medical expenses and income losses which
exceed those which are recoverable under 75 Pa.C.S. S 1711, S 1712 or other applicable law and for
which claim is hereby made.
WHEREFORE, Plaintiff Norman R Runk respectfully requests this Honorable Court to enter
judgment in his favor and against Defendant Warren Hodges in an amount in excess of$25,000, plus
interest, attorneys' fees and costs, which amount exceeds the applicable arbitration limits and such
other and different relief as to which the Court deems Plaintiff to be entitled.
Count 11- Nel!lil!ence
(Plaintiff Nancy J. Runk v. Defendant Warren Hodges)
19. Paragraphs I through 18 above are incorporated herein by reference as if set forth at
length,
20. As a direct and proximate result of the wrongful actions of Defendant Hodges,
Plaintiff Nancy J. Runk sustained serious and permanent injuries as follows:
(a) severe multiple abrasions and lacerations to her left hand;
(b) multiple abrasions to her right hand;
(c) severe strain, sprain, stiffness, and injury to her left and right hands;
(d) scamng;
(e) such other injuries as may become known in the future;
(f) all of the above are or may be permanent; and
(g) the above have required and/or in the future may require medical or surgical
treatment and/or other treatment and therapy,
21. As a direct and proximate result of the wrongful actions of Defendant Hodges set
forth above, Plaintiff Nancy J. Runk has sustained and may continue to sustain a loss of earnings
and earning power and earning capacity for which a claim is hereby made,
22. As a direct and proximate result of the wrongful actions of Defendant Hodges set
forth above, Plaintiff Nancy J. Runk has or may incur medical expenses and income losses which
exceed those which are recoverable under 75 Pa.C.S. 91711, 91712 or other applicable law and for
which claim is hereby made.
WHEREFORE, Plaintiff Nancy J. Runk respectfully requests this Honorable Court to enter
judgment in her favor and against Defendant Warren Hodges in an amount in excess of$25,000, plus
interest, attorneys' fees and costs, which amount exceeds the applicable arbitration limits and such
other and different relief as to which the Court deems Plaintiff to be entitled.
Count III - Loss of Consortium
(Plaintiff Norman R. Runk v. Defendant Warren Hodges)
23. Paragraphs I through 22 above are incorporated herein by reference as if fully set
forth at length.
24. As a result of the injuries sustained by Plaintiff Nancy J. Runk, Plaintiff Norman R
Runk has been deprived of the assistance, companionship, consortium and societies of his wife, all
of which have been or will be to his great damage.
WHEREFORE, Plaintiff Norman R Runk respectfully requests this Honorable Court to enter
judgment in his favor and against Defendant Warren Hodges in an amount in excess of$25,000, plus
interest, attorneys' fees and costs, which amount exceeds the applicable arbitration limits and such
other and different relief as to which the Court deems Plaintiffto be entitled,
Count IV - Loss of Consortium
(Plaintiff Nancy J. Runk v. Defendant Warren Hodges)
25. Paragraphs 1 through 24 above are incorporated herein by reference as if fully set
forth at length.
26. As a result of the injuries sustained by Plaintiff Norman J. Runk, Plaintiff Nancy J.
Runk has been deprived of the assistance, companionship, consortium and societies of her husband,
all of which have been or will be to her great damage.
WHEREFORE, Plaintiff Nancy J. Runk respectfully requests this Honorable Court to enter
judgment in her favor and against Defendant Warren Hodges in an amount in excess of$25,000, plus
interest, attorneys' fees and costs, which amount exceeds the applicable arbitration limits and such
other and different relief as to which the Court deems Plaintiff to be entitled,
Respectfully submitted,
Dated: 3In/o(
By
SHUMAKER WILLIAMS, P.c.
:~I/
M~cli'arlow, LD. #23474
Melissa A. Swauger, LD. #82382
P.O, Box 88
Harrisburg, P A 17108
(717) 763-1121
Attorneys for Plaintiffs
:161253
L__
VERIFICATION
The undersigned, Nancy J. Runk, hereby verifies and states that:
L She is one of the Plaintiffs in the within action;
2. The facts set forth in the foregoing Answer are true and correct to the best of her
knowledge, information and belief; and
3. She is aware that any false statements herein are made subject to the penalties of 18
Pa.C.s.A. 94904, relating to unsworn falsification to authorities.
~. ~'llit .'
Nancy'J.... nk
Dated: _+1Io(
VERIFICATION
The undersigned, Norman R Runk, hereby verifies and states that:
L He is one ofthe Plaintiffs in the within action;
2. The facts set forth in the foregoing Answer are true and correct to the best of his
knowledge, information and belief; and
3. He is aware that any false statements herein are made subject to the penalties of 18
Pa.C.S.A. ~4904, relating to unsworn falsification to authorities.
V\,~ R. ~~
Norman R. Runk
Dated: 3 \ t1 \ ()~
CERTIFICATE OF SERVICE
I, Marc G. Tarlow, Esquire, of the law firm of Shumaker Williams, P.c., hereby certify
that I served a true and correct copy of the foregoing Complaint on this date by depositing a copy
of the same in the possession of the United States mail, first-class, postage prepaid, addressed as
follows:
Warren Hodges
219 N. Furnace Street
Birdsboro, PA 19508
Dated: 2>1/1 ( ot
SHUMAKER WILLIAMS, P.c.
,}f/
By
Marc G. Tarlow
P.O, Box 88
Harrisburg, PAl 71 08
(717) 763-1121
'\
AFF1DA VIT OF SERVICE
PLAINTIFF
CHASE MANHATTAN MORTGAGE
CORPORATION
CUMBERLAND COUNTY
PJT
No. 04-5221 CIVIL TERM
DEFENDANT(S)
SERVE JOHN T. SPARKS AT
198 CREEKSIDE DRIVE
ENOLA, PA 17025
JOHN T. SPARKS
ACCT. #1514858109
Type of Action
- Notice of Sheriff's Sale
Sale Date: JUNE 8, 2005
SERVED ,
Servedandmadeknownto -::501." tJ 17 Sfa~ k,5 . Defendant, on the ~ dayof ~c ~\ .200S-
at RI/G . o'clock-t.m, at I r g Cf(.e~ Kg. J e.Yr\V' f ) ~ . Commonwealth
of Pennsylvania, in the manner described below:
X' Defendant personally served.
Adult faUllly member WIth whom Defendant( s) reslde(s). Name and Relal10Dllhip IS
Adult in charge ofDefendant(s)'s residence who refused to give name or relatioDllbip,
Manager/Clerk ofp1ace oflodging in whicb Defendant(s) reside(s).
Agent or person in charge of Defendant(s)'s office or usual place of business.
an officer of said Defendant(s)'s company.
I if . '......s1rO t. t- dM k
Height S:;J. Weigbt~O Race lV~ SexL Other tJO j \es se S
~!npetent adult, being duly sworn according to law, depose and state that I personally handed
. ce of Sh ' s Sale in the manner as set forth herein, issued in the captioned case on the date and at
W, fl'.
, JOf.-J
SfOr<J.s
Other:
~<> \ 1Z.
Description: Age ..5S-
I, JJ(e tJC~ L. Ck:
a true and correct copy of the
the address indicated above,
Sworn to and subscribed
before me this.J?!l:1: day ~
of fYlClAJ.. ,200~, ~
Notary~.u..... '1i By:
PLEASE ATrEMPT S~ AT LEAST 3 TIMES. I ICATE D~
NOT SERVED
NOTARIAl. SEAL
LUCR.LE H. CARTY, Nolary PublIc
l.8llBlkenny Township, Franklin CountY
. Expires Nov. 10, 2f11I
,
ES OF SERVICE A TTEMPn;\).
On the
day of
. 200_, at
o'clock _,m., Defendant NOT FOUND because:
_ Moved _ Unknown _ No Answer
Vacant
1" Attempt:
I
I
Time:
2nd Attempt:
I
I
Time:
3rd Attempt:
I
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Time:
Sworn to and subscribed
before me this _ day
of . 200 _'
Notary:
By:
Attornev for Plaintiff
Daniel G. Schmieg, Esquire -I,D. No. 62205
'.,
~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT ,
PENNSYL VANIA
CHASE MANHATTAN MORTGAGE
CORPORATION
) CIVIL ACTION
)
vs.
JOHN T, SPARKS
) CIVIL DIVISION
) NO. 04-5221 CIVI TERM
AFFIDAVIT OF SERVICE PURSUANT TO RULE 129
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
)
)
SS:
I, FRANK FEDERMAN, ESQUIRE attorney for CHASE MA HATTAN
MORTGAGE CORPORATION hereby verify that on 2/23/05 true a d correct copies
of the Notice of Sheriffs sale were served by certificate of mailing to t e recorded
lienholders, and any known interested party see Exhibit "A" attached h reto,
DATE: April 4, 2005
D NIEL G, SCHMIEG,
Attorney for Plaintiff
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PHELAN HALLINAN AND SCHMIEG, LLP
By: NUCHELEBRADFORD,ESQlITRE
IDENTIFICATION NO. 69849
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SlITTE 1400
PHILADELPHIA, P A 19103-1814
(215) 563-7000
CHASE MANHATTAN MORTGAGE CORPORATION COURT OF COMMON PLEAS
ATTORNEY FOR PLAINTIFF
vs.
CIVIL DIVISION
JOHN T. SPARKS
CUMBERLAND COUNTY
No.: 04-5221 CIVIL TERM
MOTION FOR POSTPONEMENT OF SHERIFF'S SALE
Plaintiff, by its counsel, PHELAN HALLINAN AND SCHMIEG, LLP petitions this
Honorable Court for a postponement of its Sheriffs Sale scheduled in the above captioned matter
and in support thereof avers the following:
1. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for
AUGUST 3. 2005.
2, Plaintiff has agreed to possibly place mortgagors on a repay plan, which would
allow the Defendant to cure the mortgage default.
3. A one month postponement of the Sheriff's sale will enable Plaintiff and
Defendant to complete negotiations
4. The Defendants will not be injured by the granting of the relief requested,
inasmuch as the postponement will inure to their benefit.
WHEREFORE, Plaintiff respectfully requests that the She,riffs Sale of the mortgaged
premises be continued to September 7. 2005.
PHELAN HA INAN AND SCHMIEG
JJ?
PHELAN HALLINAN AND SCHMIEG, LLP
By: MICHELE BRADFORD, ESQUIRE
IDENTIFICATION NO. 69849
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHNF. KENNEDY BLVD., SUITE 1400
PIDLADELPHlA, PA 19103-1814
(215) 563-7000
ATTORNEY FOR PLAINTIFF
CHASE MANHATTAN MORTGAGE CORPORATION COURT OF COMMON PLEAS
vs.
CIVIL DIVISION
JOHN T. SPARKS
CUMBERLAND COUNTY
No.: 04-5221 CIVIL TERM
PLAINTIFF'S MEMORANDUM OF LAW
Pennsylvania Rule of Civil Procedure, Rule 3129.3 provides for the postponement of a
Sheriff's Sale ofreal property by special Order of Court.
In the case sub judicia, a Sheriff's Sale of the mortgaged premises has been scheduled for
AUGUST 3. 2005. However, a ~ month postponement is reqUiested to allow Plaintiff and
Defendant to complete negotiations. Inasmuch as the postponement will inure to the benefit of
the Defendant, Defendant will not be injured by the granting of the reJiefrequested.
Accordingly, Plaintiff respectfully requests a postponement of the Sheriff's Sale
of the mortgaged premises to the September 7. 2005 sale.
RESPECTFULLY SUBMITTED:
PHELAN HALLINAN AND SCHMIEG
J
DALE F. S U
LOCAL COUN L
MICHELE BRADFORD, ESQUIRE
ATTORNEY FOR PLAINTIFF
VERIFICATION
Dale F. Shughart lR, Esquire, hereby states that he is tht, local council for the plaintiff in this
action, that he is authorized to take this verification, and that the statements made in the
foregoing Motion for Postponement of Sheriff's Sale are true and correct to the best of his
knowledge, information and belief.
The undersigned also understands that this statement herein is made subject to the
penalties of 18 Pa. Sec. 4904 relating to unSWil~ ~;:~ ooQaUthorities.
Date: August 2. 2005 ~ J'
ALE F. SHuGl SQUIRE,
LOCAL CO~EL
MICHELE BRADFORD, ESQUIRE
ATTORNEY FOR PLAINTIFF
'.
PHELAN HALLINAN AND SCHMIEG, LLP
By: MICHELE BRADFORD, ESQUIRE
IDENTIFICATION NO. 69849
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BL YD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
CHASE MANHATTAN MORTGAGE CORPORATION COURT OF COMMON PLEAS
ATTORNEY FOR PLAINTIFF
vs.
CIVIL DIVISION
JOHNT. SPARKS
CUMBERLAND COUNTY
No.: 04-5221 CIVIL TERM
CERTIFICATION OF SERVICE
I, MICHELE BRADFORD, Esquire, hereby certifY that a copy of the Motion for
Postponement of Sheriff's Sale has been sent to the individuals indicated below on August 2.
2005.
JOHNT. SPARKS
198 CREEKSIDE DRIVE
ENOLA, PA 17025
PHELAN HALLINAN AND SCHMIEG
ah
MICHELE BRADF , QUI
ATTORNEY FOR PLAINTIFF
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CHASE MANHATTAN MORTGAGE CORPORATION
RECEIV~ 2005
COURT OF COMMON PLEU ~
vs.
CIVIL DIVISION
JOHN T. SPARKS
CUMBERLAND COUNTY
No.: 04-5221 CIVIL TERM
ORDER
AND NOW, this ~y of ~~ ' 2"~rconsideration of
Plaintiffs Motion to Postpone Sheriffs Sale of the mortgaged property, it is hereby
ORDERED that the said sale is extended to the regularly scheduled CUMBERLAND
Sheriffs Sale dated September 7. 2005.
No further advertising or additional notice to lienholder or defen
BY THE ,COURT:
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Chase Manhattan Mortgag eCorporation
VS
John T. Sparks
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2004.5221 Civil Term
R, Thomas Kline, Sheriff, who being duly sworn according to law, states this writ
is returned STAYED per instructions from Attorney Daniel Schmieg.
Sheriffs Costs:
Docketing
Poundage
Posting Handbills
Advertising
Law Library
Prothonotary
Mileage
Certified Mail
Levy
Surcharge
Postpone Sale
Postage
Law Journal
Patriot News
Share of Bills
30.00
16.85
15.00
15.00
.50
1.00
22.20
1.61
15,00
20,00
20,00
.37
358.40
326.98
16.47
$ 859.38
Sworn and subscribed to before me
2005, A.D.
Prothonofil.ry
S~~: ~
;~~"..-;....<~ ~
R, Thomas Kline, Sheriff
BY"-)6~ Swah
Real Est te Sergeant
I <;D
, Ck j'/o!lf
{rL. i ~ r llfO
CHASE MANHATTAN MORTGAGE
CORPORATION
CUMBERLAND COUNTY
Plaintiff,
COURT OF COMMON PLEAS
v.
CIVIL DIVISION
JOHN T. SPARKS
NO. 04-5221 CIVIL TERM
;' )
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Defendant(s).
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AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. I)
:-.-1
,....)
(;
CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff in the above action, by its
attorney, DANIEL G, SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of
Execution was filed the following information concerning the real property located at 198
CREEKSIDE DRIVE, ENOLA, P A 17025 .
L Name and address ofOwner(s) orreputed Owner(s):
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
JOHN T. SPARKS
198 CREEKSIDE DRIVE
ENOLA, PA 17025
2. Name and address ofDefendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
4. Name and address oflast recorded holder of every mortgage of record:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
5. Name and address of every other person who has any record lien on the property:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale.
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in
the property which may be affected by the sale:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenant/Occnpant
198 CREEKSIDE DRIVE
ENOLA, PA 17025
Domestic Relations of Cumberland County
13 North Hanover Street
Carlisle, P A 17013
Commonwealth of Penusylvania
Department of WeIfare
PO Box 2675
Harrisbnrg, P A 171 05
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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
February 17. 2005
DATE
!tMu~P (, .~~
DANIEL G. SCHMIEG, ES UIRE
Attorney for Plaintiff
CHASE MANHATTAN MORTGAGE
CORPORATION
CUMBERLAND COUNTY
Plaintiff,
No. 04-5221 CIVIL TERM
v.
JOHN T. SPARKS
Defendant(s).
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February 17, 2005
-!'1 --,-:I
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TO: JOHN T. SPARKS
198 CREEKSIDE DRIVE
ENOLA, PA 17025
C',"
c'~ ;
"THIS FIRM ISA DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THA T PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE
AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY."
Your house (real estate) at 198 CREEKSIDE DRIVE, ENOLA. PA 17025, is scheduled to be
sold at the Sheriff's Sale on JUNE 8, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South
Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $93,938.74 obtained by CHASE
MANHATTAN MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is
continued, an announcement will be made at said sale in compliance with Pa,RC.P., Rule 31293.
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:
L The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (215) 563-7000.
2, You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause,
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
L If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling (215) 563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To
find out if this has happened, you may call (717) 240-6390.
4. Ifthe amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house, A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days ofthe sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7 . You may also have other rights and defenses, or ways of getting your home back, if you acl
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold
in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be
postponed or stayed in the event that a representative of the plaintiff is not present at the sale.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, P A 17013
(717) 249-3166
(800) 990-9108
LEGAL DESCRIPTION
ALL mAT tERT AIN piece or parcel of land, tDtletber with the improvements CfCCted theRon. situate.
lying and being in East PenllSboro Town&hip. Cumberland CllIIIJIty. PeJlDSylvanla. about lNIC mile Wesl
of West Fairview and about two miles NordI of Camp Bill, Ilona the WestenI side of the Condoguinct
Creek Public Road lcacIillg from \'he State Big/lway SlJIIdIv.wd to the Harrisburg-Carlisle Pike, bouodcd
and described as follOWB, to wit:
BEGINNING al a post at the We!itern side of tile aforesaid Public Road and d1c Northc:m said. of a
private Road belonging IIOW or fonnerly of Vernoa R. Bowman. sail1 post being Notth I degree 30
minutes West, and 37.S feel dislallcc from 811 Elm Tree at tJJe Southern side of Aid private mad at the
wrner of land now or formerly of Eugene McCreary, thence along the Nortbern side of the aforesaid
private road. North 80 degrees Wc&, 249 feet to a post at land now or formerly of Vernon R. Bowman;
said post being North , degrees Wesl and 80 feel distant fonn the Locust Tree at the comcr of land now
or formerly of I3ngCllll McCreary and Vernon R. Bowman; theIIce a100g land now Of formerly Of
Vernon R. Bowman. Nortll " degrees Wco't. ISO feet 10 a JlOiSI at land now or fomrerly of Vernon R.
Bowman; thence by the SIIJlIe. South 81 degrees 31 minutes 30 8eCQnds East.. 2618.38 feel (ert01leQusly
set forth in prior recorded Deed 115 South 82 degrees 30 minutes East. 271 feet to a post) to an iron pipe
at die Western side of the said Public Road, thence along the WClItern side of the said Public Road;
South 7 degrees 30 millllfes East, ISO feel 10 a post. the place of beglnDlng.
CONTAINING 143 perches, more or less. and having therc:on m:cted a residential dwdlingnumbered
19S Creekside Drive. Enola. Pennsylvania.
1TfLE TO SAID PREMISES IS VESTED IN John T. Sparks, by Deed from Noel M. Sufrin and
Deborah K. Sufrin, his wife. dated 5/1512003 and recorded 5116/2003 in Deed Book 257. Page 338_
PROPERTY ADDRESS: 198 CREEKSIDE DRIVE, ENOLA, PA 17025
TAX PARCEL: # 09-17-1042-005
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-5221 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due CHASE MANHATTAN MORTGAGE CORPORATION
Plaintiff(s)
From JOHN T. SPARKS, 198 CREEKSIDE DRIVE, ENOLA PA 17025.
(1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE
LOCATED AT 198 CREEKSIDE DRIVE, ENOLA PA 17025 (SEE LEGAL
DESCRIPTON) .
(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 gamishee(s) that: (a) an attachment has been issued; (b) the gamishee(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) Ifproperty 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 himlher that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $93,938.74 L.L. $.50
Interest FROM 2/17/05 to 6/8/05@$15.44perdiem = $1,713.84
Atty's Corum % Due Prothy $1.00
Atty Paid $132.20
Plaintiff Paid
Date: FEBRUARY 18, 2005
Other Costs
CURTIS R. LONG
Proth
(Seal)
By:
REQUESTING PARTY:
Name DANIEL G. SCHMIEG, ESQ.
Address: ONE PENN CENTER @ SUBURBAN STATION
1617 JFK BLVD., STE 1400, PHILADELPHIA PA 19103-1814
Attorney for: PLAINTIFF
Telephone: (215) 563-7000
Supreme Court ID No, 62205
Real Estate Sale #23
On March 03, 2005 the Sheriff levied upon the
defendant's interest in the real property situated in
East Pennsboro Township, Cumberland County, PA
Known and numbered as 198 Creekside Drive,
Enola, more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: March 03, 2005
By00~ jwv1J,
Real Estate Deputy
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THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Joseph A. Dennison, being dnly sworn according to law, deposes and says:
That he is the Assistant Controller of The Patriot News Co" a corporation organized and existing under the
laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market
Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-
News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market
Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established
March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published
in their regular daily and/or Sunday/ Metro editions which appeared on the 26th day(s) of April and the 3rd and 10th
day(s) of May 2005, That neither he nor said Company is interested in the subject matter of said printed notice or
advertising, and that all of the allegations of this statement as to the time, place and character of publication are true;
and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co, aforesaid by virtue and pursuant to a resolution unanimously passed
and adopted severally by the stockholders and board of directors of the said Company and subsequently duly
recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317,
COpy
S ALE #23
Sworn to and subs i
NO RY PUBLIC
My connnission expires June 6, 2006
PUBLICATION
CUMBERLAND COUNTY SHERIFFS OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA, 17013
Statement of Advertising Costs
To THE PATRIOT-NEWS CO.
For publishing the notice or publication attached
hereto on the above stated dates
326,98
Publisher's Receipt for Advertising Cost
The Patriot News Co" publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general
circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have
been duly paid.
By................................... ....................... ,........,
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doe___imddoeNmbtmsldeof
. privale Rood l>elooing_or formerly of
Vemoo R, ~, said pc<< beiDs Nortf1 I
degree 3Q........ West,imd 37,S..._
......1!Jm1\oeat""lIootbo:msldeofasid
private"""aldoe ",",,06laod_or_ly
of !!up M<CIeary, thence aIoog doe _
sideof""_prioat<mad,_8I>
dep:ea _,249... lO' post" land_or
formerlyof_ItBo_saidpc<<beiDg
Norlb S dep:ea West imd 80... dialaol.... doe
1.ocoal1loe"doe C<Il1Iroflalld...."'formerly
of !!up M<CIeary &lid Vemoo R. _:
tllencealoogJ8lld_orf<lnuedl'ofVemooR,
_,NOIIhlSde8t<esWe&t,ISO...lO.
pc<< " land _ or t'onnerly of Vemoo R,
Bowmao; tIIence by doe _,SouIb 81 deonos 31
""-' 3Q seconda' East, 2671l~ ...
(_ly set fonh in prior _ nero as
Soolh82deg1oea3Q......,1last,271...",.
pc<<jlOanlroo!>ipeat,doeW-.slde,ofdoeasid
l'ublicRcod; tllencealoogdoeWeltemslde of doe
said Public Rcod; Soolh 7 degIoea 3Q minutes
East, Ill!......~ place ofBl!(lINNING,
CONI'AINlNl3 IC paclIoS, more or less,
imd baving _ am.d' reIidcntial dwdliDg
n_ 198 Cmtiide Drive. E..Ia,
Pennsylvania~J
Tll1Jl ro SAIlI '~ _ in John
T, SpaIta, by lloelt CI M, Sulrin imd ,
Debcnb K. Suti:in,ljis w.,dalcd S/IS/2OOl and
_Sfl!11l103F 2S7,Page338, ,
PROPIlKl'Y ' : 198 Cloetsidc
lJri..,Eook,a\ I, .
tAXMllQlLlIo.09-17-_.
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
55.
COUNTY OF CUMBERLAND
Lisa Marie Coyne, Esquire, Editor ofthe 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:
April 15, 22, 29, 2005
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,
SWORN TO AND SUBSCRIBED before me this
29 day of April
SEAL
lOlS E. SNYDER. Notary Public
Carlisle Boro, Cumberland County
My Commission Expires March 5. 2009
IlEAL ESTATE SALE NO. 23
Wrtt No, 2004-5221 Civil
Chase Manhattan
Mortgage Corporation
YS,
John T. Sparks
Atty,; Daniel Schmieg
LEGAL DESCRIPTION
ALL THAT CERTAIN piece or par-
cel of land. together with the im-
provements erected thereon, situate.
lying and being in East Pennsboro
Township, Cumberland County.
Pennsylvania, about one mile West
of West Falrview and about two
miles North of Camp Hill, along the
Western side of the Condoguinet
Creek Public Road leading from the
State Highway Southward to the
Harrisburg-Carlisle Pike, bounded
and described as follows, to wit:
BEGINNING at a post at the
Western side of the aforesaid Pub-
lic Road and the Northem said of a
private Road belonging now or for-
merly of Vernon R. Bowman, said
post being North 1 degree 30 min-
utes West, and 37.5 feet distance
from an Elm Tree at the Southern
side of said private road at the cot-
ner of land now or formerly of Eu-
gene McCreary, thence along the
Northern side of the aforesaid pri-
vate road, North 80 degrees West.
249 feet to a post at land now or
formerly of Vernon R Bowman; said
post being North 5 degrees West and
80 feet distant fonn the Locust Tree
at the corner of land now or for-
merly of Eugene McCreary and
Vernon R. Bowman: thence along
land now or formerly of Vernon R
Bowman, North 15 degrees West,
150 feet to a post at land now or
formerly of Vernon R. Bowman;
thence by the same, South 81 de-
grees 31 minutes 30 seconds East,
2678,38 feet {erroneously set forth
in prior recorded Deed as South 82
degrees 30 minutes East, 271 feet
to a post) to an iron pipe at the West-
ern side of the said Public Road,
thence along the Western side of the
said Public Road; South 7 degrees
30 minutes East, 150 feet to a post,
the place of beginning,
CONTAINING 143 perches, more
Dr less, and having thereon erected
a residential dwelling numbered 198
Creekside Drive, Enola, Pennsylva-
nia,
TITLE TO SAID PREMISES IS
VESTED IN John T, Sparks, by Deed
from Noel M. sufIin and Deborah
K, Sufrln. his wife, dated 5/15/
2003 and recorded 5/16/2003 In
Deed Book 257, Page 338,
PROPERTY ADDRESS; 198
CREEKSIDE DRIVE, ENOLA, PA
17025.
TAX PARCEL; #09-17-1042-005,
..
(800) 990-9108
PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P.3180-3183
CHASE MANHATTAN
MORTGAGE CORPORATION
Plaintiff,
v.
No. 04-5221 CIVIL TERM
JOHN T. SPARKS
Defendant(s).
TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
Amount Due
$93,938,74
Interest from 2/17/05 to MARCH 6, 2006
(per diem -$15.44)
$5,928.96 and Costs
TOTAL
$99,867,70
ATTORNEY FEES AND COST
$3,662,00
~~Ji~t~
DANIEL G. SCHMIEG SQUIRE
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
Attorney for Plaintiff
Note: Please attach description of property.No.
IMPORTANT NOTICE: This property is sold at the direction of 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.
In
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LEGAL DESCRIPTION
ALL n1A T CERTAIN piece or parcel of land, together with the hnprovements em;tl:d thereon, situate,
lying am being in Easl Pennsboro Township, Cumberland COWlIy. PeJIIl5ylv:mla. about one mile WCllI
of West Fairvicw and about two mUes N(lrlb of Camp Bill, along the Western side of the Condoguinct
Creek Public Road leading from !he ~'1aIe Highway Sood1ward to the HarriBburg-Carlisle Pike, botmtlcd
and dellcribed lIlI follOWll, to wit:
BEGINNING aI a post at the Western side of 11Ie afol'Cllllid Public Road and die Narthem said of a
private Road beloll8ing /lOW or funncrly of Vernon R. Bowman. said post being NoL'l'h 1 degree 30
min~ West. and 37.S feel dislatlcc from an Elm Tree at tlJe Southern .ide of said private road at the
t:illner of land now or formerly of Eugene McCreary, thence llIong the Northern side of the aforesaid
private road, North 80 degrees W~, 249 feet to a )lOst at land now or formerly of Vernon R. Bowman;
said post being North 5 degrees West and 80 feel distant fonn the Locus! Tree at the comer of land now
or formerly of Bugcne McCreary and Ver/lOn R. Bowman; thence aloog land now or formerly of
VetllOn R. Bowman, NOl1lI IS degrees Wco1. 150 feet Ie) a post at land now or formerly of Vernon R.
Bowman; !hence by the sa.rne. South 81 degrees 31 min~tes 30 seconds East.. 26111.38 feet (erroneOIl'1y
set forth in prior recorded De.,.) as South 82 degrees 30 minutes East, 271 feet to a post) to an iron pipe
at tbo Western side of 1he said Public Road, thence along die Western side of the said Public Road;
South 7 degrees 30 minutes East, 150 feel to a post. the place of beginllJng.
CONTAlNlNG 143 perches. more or less. and having tbemJn erected a residential dwelling numbered
198 Creekside Drive. Enola, Pennsylvania.
TITLE TO SAID PREMISES IS VESTED IN John T. Sparks. by Deed from Noel M. Sufrin and
Deborab K. Sufrin, his wife, dated 511512003 am reconled 5116/2003 in Deed Book 257, Page 338_
PROPERTY ADDRESS: 198 CREEKSIDE DRIVE, ENOLA, PA 17025
TAX PARCEL: # 09-17-1042-005
WRIT OF EXECUTION and/or A TT ACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-5221 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due CHASE MANHATTAN MORTGAGE
CORPORATION, Plaintiff(s)
From JOHN T. SPARKS
(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 $93,938.74
L.L.
Interest FROM 2/17/05 TO 3/6/06 (PER DIEM - $15.44) - $5,928.96 AND COSTS
Atty's Comm % $3,662.00 Due Prothy $1.00
Atty Paid $1004.80
Plaintiff Paid
Other Costs
Date: DECEMBER 6, 2005
Prothonotary
(Seal)
By:
Deputy
REQUESTING PARTY:
Name DANIEL G. SCHMIEG, ESQUIRE
Address: ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400
PHILADELPHIA, PA 19103-1814
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No, 62205
CHASE MANHA TT AN
MORTGAGE CORPORATION
CUMBERLAND COUNTY
Plaintiff,
COURT OF COMMON PLEAS
v.
CIVIL DIVISION
JOHNT. SPARKS
NO. 04-5221 CIVIL TERM
Defendant(s).
AFFIDA VII PURSUANT TO RULE 3129
(Affidavit No, I)
CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff in the above action, by its
attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of
Execution was filed the following information concerning the real property located at ,198
CREEKSIDE DRIVE, ENOLA. P A 17025 .
L Name and address ofOwner(s) orreputed Owner(s):
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
JOHN T. SPARKS
198 CREEKSIDE DRIVE
ENOLA, PA 17025
2. Name and address ofDefendant(s) in the judgment:
Same as above
3, Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
4. Name and address oflast recorded holder of every mortgage of record:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
5. Name and address of every other person who has any record lien on the property:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
6, Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale.
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in
the property which may be affected by the sale:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenant/Occupant
198 CREEKSIDE DRIVE
ENOLA, P A 17025
Domestic Relations of Cumberland County
13 North Hanover Street
Carlisle, P A 17013
Commonwealth of Pennsylvania
Department of Welfare
PO Box 2675
Harrisburg, PA 17105
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities,
December 5, 2005
DATE
'tY~ Jj -1:
DANIEL G, SCHMIEG, ES IRE
Attorney for Plaintiff
,
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PHELAN HALLINAN AND SCHMIEG, L.L.P.
By: DANIEL G. SCHMIEG
Identification No. 62205
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
ATTORNEY FOR PLAINTIFF
CHASE MANHATTAN
MORTGAGE CORPORATION
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff,
v.
CIVIL DIVISION
JOHN T. SPARKS
NO. 04-5221 CIVIL TERM
Defendant(s).
CERTIFICATION
DANIEL G, SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in
the above-captioned matter, and that the premises are not subject to the provisions of Act 91
because it is:
(X) an FHA mortgage
() non-owner occupied
() vacant
o Act 91 procedures have been fulfilled
This certification is made subject to the penalties of 18 Pa, C,S, Section 4904 relating to unsworn
falsification to authorities.
~~itlLJ~
DANIEL G, SCHMIEG, E UIRE
Attorney for Plaintiff
;:-..\
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,
,
CHASE MANHATTAN
MORTGAGE CORPORATION
Plaintiff,
CUMBERLAND COUNTY
No. 04-5221 CIVlL TERM
v.
JOHN T. SPARKS
Defendant(s).
December 5, 2005
TO: JOHN T. SPARKS
198 CREEKSIDE DRIVE
ENOLA, P A 17025
"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THA T PURPOSE IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE
AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY-*'
Your house (real estate) at. 198 CREEKSIDE DRIVE, ENOLA. PA 17025. is scheduled to be
sold at the Sheriffs Sale on MARCH 6. 2006 at 10:00 a.m. in the Cumberland County Courthouse,
South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $93.938.74 obtained by
CHASE MANHATTAN MORTGAGE CORPORATION (the mortgagee) against you. In the event
the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule
3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (215) 563-7000.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
,
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling (215) 563-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To
find out if this has happened, you may call (7l 7) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold
in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be
postponed or stayed in the event that a representative of the plaintiff is not present at the sale.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
r
,
LEGAL DESCRIPTION
ALL TIlA T CERTAIN piece or parcel of land, together with the hnprovemcnts erected theceon. silualc,
lyin~ and being in East Pennsboro Township. Cumberland CllWIly, l'eJlll5ylvanla. about IIIIC mile Wc:sl
of west Fairview and about two miles NI)flIJ of Camp Hill, along tile WestenI side of the Condoguinet
Crrek Public: Road leading from the Slate Highway SoudIward to the HarriBburg-Carlisle Pike, boUDdcd
and lkocribed as follows, to wit:
BEGINNING at a post at the Western side of tile aforesaid Public Roall ilIld the Nortbem said of a
private Road belonging now or fonnerl.y or Ve1'lIOD R. Bowman, said post being North I degree 30
rnin\llc$ West, and 37.5 l'ee\ dislallcc from an Elm Tree at the Sootltero .ide of said private road at the
oorner of land now or formerly of Eugene McCreary, thence along the Northern side of the aforesaid
private road. North 80 degrees West. 249 feet to a post at land now orfonnerly of Vernon R_ Bowman;
8lIid post being North .5 degrees West and 80 feel distant form !he Locust Tree at !he comer of land now
or formerly of ElIgene McCreary and Vernon R. Bowman; thence along land nnw or formerly or
Vernon R. Bowman, NorlJll.5 degrees W~'t. 150 feet 10 a pnst at \aDd now or formerly of Vernon R.
Bowman: thence by the same, Soolb 8\ degree. 31 minute. 30 seconds East.. 2618.38 feet (erroneously
set forth in prior recorded Deed as South 82 degrees 30 minutes East, 271 feet to a posr) to an iron pipe
at 11m Western .ide of !he said Public Road, thence along the WC8It:rn side of !he said Public: Road:
South 7 degrees 30 minutes East, 150 feel to a post, the place of begino/ng.
CONTAINING 143 perc:lles. more or less, and having tbereon erected a residential dwelliog nwnbered
198 Crcelcside Drive. Enola. Pennsylvania.
TITLE TO SAID PREMISES IS VESTED IN John T. Sparks, by Deed from Noel M. Sumn and
Deborah K. Sufrio, his wife, dated 511512003 and rec:onlcd 5116/2003 in Deed Book 257. Page 338_
PROPERTY ADDRESS: 198CREEKSIDEDRIVE,ENOLA,PA l7025
TAX PARCEL: # 09-17-1042-005
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AFFIDAVIT OF SERVICE
PLAINTIFF
CHASE MANHATTAN MORTGAGE
CORPORATION
CUMBERLAND COUNTY
SMC
No. 04-5221 CIVIL TERM
DEFENDANT(S)
JOHN T. SPARKS
ACCT. #1514858109
SERVE JOHN T. SP ARKS AT
198 CREEKSIDE DRIVE
ENOLA, PA 17025
Type of Action
- Notice of Sheriff's Sale
Sale Date: MARCH 6, 2006
SERVED
Served and made known to
:)O<j"" T
S'p4/2lC ':>
, Defendant, on the
l t
day of D"-'-
,200S
at 'Z '\'l... , o'clock t.m., at 1 '1'''' cJlWi-s~ DQ
Z ,vc..LA-
, Commonwealth
of Pennsylvania, in the manner described below:
Defendant personally served.
Adult family member with whom Defendant(s) reside(s). Name and Relationship is G-,.U-{J/ ,'0/)
Adult in charge ofDefendant(s)'s residence who refused to give name or relationship.
Manager/Clerk of place oflodging in which Defendant(s) residers).
Agent or person in charge of Defendant(s)'s office or usual place of business.
an officer of said Defendant(s)'s company.
(lA~R;'<. )
Other;
Description:
Age ?S
Height ~(Z' Weight ~ Race ~ Sex POther
I:t't"*>u S- ~ , a competent adult, being duly sworn according to law, depose and state that I personally handed
a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at
the address indicated above.
By;
~~k~
. / J-r
~1IJil~TEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED.
ate of New Jersey
PATRICIA E. HARRIS NOT SERVED
Commission Expires June 16. 2008
On the day of ,200_, at o'clock_.m., Defendant NOT FOUND because;
Moved
Unknown
No Answer
Vacant
1" Attempt:
I
I
Time:
2nd Attempt:
I
I
Time:
3rd Attempt:
I
I
Time:
Sworn to and subscribed
before me this _ day
of , 200_.
Notary;
By;
Attornev for Plaintiff
Daniel G. Schmieg, Esquire - I.D. No. 62205
6
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SALE DATE: MARCH 6. 2006
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
CHASE MANHATTAN MORTGAGE
CORPORATION
No.: 04-5221 CIVIL TERM
vs.
JOHN T. SPARKS
AFFIDAVIT PURSUANT TO RULE 3129.1
AND RETURN OF SERVICE PURSUANT TO
Pa. R.C.P. 405 OF NOTICE OF SALE
Plaintiff in the above action sets forth as ofthe date the Praecipe for the Writ of
Execution was filed the following information concerning the real property located at:
198 CREEKSIDE DRIVE. ENOLA, P A 17025.
As required by Pa. R.C.P. 3l29.2(a) Notice of Sale has been given in the manner
required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth
on the attached Affidavit No.2 (previously filed) and Amended Affidavit No.2 on the date
indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing
(Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached
for each notice.
March 6, 2006
, CHASE MANHATTAN
MORTGAGE CORPORATION
CUMBERLAND COUNTY
Plaintiff,
COURT OF COMMON PLEAS
v.
CIVIL DlVlSION
JOHN T. SPARKS
NO. 04-5221 CIVIL TERM
Defendant(s).
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. I)
CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff in the above action, by its
attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of
Execution was filed the following information concerning the real property located at .198
CREEKSIDE DRIVE. ENOLA. PA 17025.
I. Name and address ofOwner(s) orreputed Owner(s):
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
JOHN T. SPARKS
198 CREEKSIDE DRIVE
ENOLA, PA 17025
2. Name and address ofDefendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
4. Name and address oflast recorded holder of every mortgage of record:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
5. Name and address of every other person who has any record lien on the property:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale.
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in
the property which may be affected by the sale:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenant/Occupant
198 CREEKSIDE DRIVE
ENOLA, PA 17025
Domestic Relations of Cumberland County
13 North Hanover Street
Carlisle, PA 17013
Commonwealth of Pennsylvania
Department of Welfare
PO Box 2675
Harrisburg, P A 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
December 5. 2005
DATE
WcvwJ Jj -1
DANIEL G. SCHMIEG, ES
Attorney for Plaintiff
E
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CHASE MANHATTAN MORTGAGE CORPORATION
vs.
JOHN T. SPARKS
TO: ALL PARTIES IN INTEREST AND CLAIMANTS
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY
OWNER(S): JOHN T. SPARKS
PROPERTY: 198 CREEKSIDE DRIVE
ENOLA, PA 17025
Improvements: Residential dwelling
Judgment Amount: $93,938.74
CUMBERLAND COUNTY
NO. 04-5221 CIVIL TERM
The above-captioned property is scheduled to be sold at the Cumberland County
Sheriffs Sale on MARCH 6, 2006, at the Cumberland County Courthouse, South Hanover Street,
Carlisle, PA at 10:00 a.m..
Our records indicate that you may hold a mortgage, judgment, or other interest on the property,
which may be extinguished by the sale. You may wish to attend the sale to protect your interests. If
you have any questions regarding the type oflien or the effect of the Sheriffs Sale upon your lien, we
urge you to CONTACT YOUR OWN ATTORNEY, as we are not permitted to give you legal advice.
The Sheriff will file a schedule of Distribution on a date specified by the Sheriff not later
than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions
are filed thereto within 10 days after the filing of the schedule.
-\
Chase Manhattan Mortgage Corporation
VS
John T. Sparks
The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2004-5221 Civil Term
Sharon Lantz, Deputy Sheriff, who being duly sworn according to law, states that
on January 30, 2006 at 4:58 o'clock PM, she served a true copy of the within Real Estate
Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the
within named defendant, to wit: John T. Sparks, by making known unto Lori Sparks,
adult daughter of defendant, at 198 Creekside Drive, Enola, Cumberland County,
Pennsylvania, its contents and at the same time handing to her personally the said true
and correct copy of the same.
Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states
that on January 31, 2006 at 11:09 o'clock A.M., he posted a true copy of the within Real
Estate Writ, Notice, Poster and Description, in the above entitled action, upon the
property of John T. Sparks, located at 198 Creekside Drive, Enola, Pennsylvania,
according to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he
served the above Real Estate Writ, Notice, Poster and Description in the following
manner: The Sheriff mailed a notice of the pendency of the action to the within named
defendant, to wit: John T. Sparks, by regular mail to his last known address of 198
Creekside Drive, Enola, PA 17025. This letter was mailed under the date of January 31,
2006 and never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ
is returned STAYED per instructions from Attorney Daniel Schmieg.
Sheriffs Costs:
Docketing
Poundage
Posting Bills
Advertising
Prothonotary
Mileage
Certified Mail
Levy
Surcharge
30.00
1,970.88
15.00
15.00
1.00
26.40
1.95
15.00
20.00
If.
.
CHASE MANHA IT AN
MORTGAGE CORPORATION
CUMBERLAND COUNTY
Plaintiff,
COURT OF COMMON PLEAS
v.
ClVlL DIVlSION
JOHN T. SPARKS
NO. 04-5221 CIVIL TERM
Defendant(s).
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. I)
CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff in the above action, by its
attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of
Execution was filed the following information concerning the real property located at ,198
CREEKSIDE DRIVE, ENOLA, PA 17025.
1. Name and address ofOwner(s) or reputed Owner(s):
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
JOHN T. SPARKS
198 CREEKSIDE DRIVE
ENOLA, PA 17025
2. Name and address ofDefendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
r.
4. Name and address oflast recorded holder of every mortgage of record:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
5. Name and address of every other person who has any record lien on the property:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale.
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in
the property which may be affected by the sale:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenant/Occupant
198 CREEKSIDE DRIVE
ENOLA, PA 17025
Domestic Relations of Cumberland County
13 North Hanover Street
Carlisle, P A 17013
Commonwealth of Pennsylvania
Department of Welfare
PO Box 2675
Harrisburg, PA 17105
I verifY that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
December 5. 2005
DATE
'fY~JjJ~
DANIEL G. SCHMIEG, ESQfuRE
Attorney for Plaintiff
CHASE MANHATTAN
MORTGAGE CORPORATION
Plaintiff,
CUMBERLAND COUNTY
No. 04-5221 CIVIL TERM
v.
JOHN T. SPARKS
Defendant(s).
December 5, 2005
TO: JOHNT.SPARKS
198 CREEKSIDE DRIVE
ENOLA, PA 17025
"THIS FIRM IS A DEBT COLLECTOR ATTEMP11NG TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE
AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A UEN AGAINST PROPERTY."
Your house (real estate) at. 198 CREEKSIDE DRIVE. ENOLA. PA 17025. is scheduled to be
sold at the Sheriffs Sale on MARCH 6, 2006 at 10:00 a.m. in the Cumberland County Courthouse,
South Hanover Street, Carlisle, P A 17013, to enforce the court judgment 0[$93.938.74 obtained by
CHASE MANHATTAN MORTGAGE CORPORATION (the mortgagee) against you. In the event
the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule
3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (215) 563-7000.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the 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 ifthe buyer pays the Sheriff the full amount due in the sale. To
find out if this has happened, you may call (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold
in the absence of a reoresentative of the olaintiff at the Sheriffs Sale. The sale must be
postponed or stayed in the event that a representative of the plaintiff is not present at the sale.
CUMBERLAND COUNTY ATIORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, P A 17013
(717) 249-3166
LEGAL DESCRIUION
ALL THAT CERTAIN piece or parcel of land. togelller with !he lmprovemcnta ercctl:d tbmon, $ltuatc,
lJinI md beiDB in Eul Petwboro TIlWIIIIIIip, Cumberland Couty, l'caD5ylvanta. about IIIIC IIIiIc Wcat
of west Fairvicw aDd aIlou1 two llll1eS NOflII of Camp Hill, along tile W~ side of the Condoguind
Cn:ek NIUe Road IcadIDa from \he $tate Biglaway SOIlllrMlrd to the RIIl'IiBblq-Catlisle Pie, bouoded
mJ drscribed II! foJlowII, to wit:
BEGINNINO .. . post lit the WllIIblrn side of I1Ic aforCIIid Publie Road and lhc NmIhI:m nl4 of .
private Road beIon&iog IIOW or fonDI:rIy of Vtt'1IOD R. BowmID. SIl4 post belas Noft'h 1 degmt 30
min1/ll:8 Wcat. IIlll 37.5 rea disIUCe from ID Elm Tree lit the Southern aide: of said private mad at the
ClOnIllI' of land DOW or formerly of Eugeoe McCl'ClI\'Y. tbentc along the Nonhero side of the aforesaid
priYlllc rOlld, North 80 dearees Wc:at, 149 feet to a post at land IIOW or fonnerl)' of Vemoo R. lIowmlIn;
BIIid poIlt beioJ North' degJees West md 80 feet distant fonn 1tIll LocuIJl Tree at IIl8 COI1ICr of Iaad IIOW
or formerly of E'nl\!llll McCn:aIy alld Vemon R. Bowmau.; tbcJM:c aloag land. now or formerly or
Vcmon R. Bowman, NOI'lIII' dcps West, 1.50 ~ Q) a past at \aDd IIOW or fonnerly of Vemon R..
Bowman: Ibeaee by the same, SOIIIh 81 degrees 31 mintdea 30 aeconds East, 2678.38 feet (erroneously
llel forth in prior recorded Deed lIlI South 82 degrees 30 mlDUleS East. 271 feet to a post) to an iron j>ipe
at tbo WcstaD aide of the said Public ROIld, tbcuc.e along the Western Sidll of lbe said Public Road;
Sooth 7 degrees 30 lIlinuIrs IlaBl., 1.50 feel to a post, tbc p1al;c of beaimlllla.
CONTAINING 143 perches, more or less, and haYiog tbcmm erected a residelItial dwc:lliDg n1llllbeml
198 Creelcside Drive, EDnJa. PeDlIsylVllllia.
TITI.E TO SAID PRF.MISe... rs VIlSTIID IN John T. Spare, by D=l from Noel M. Sufrin IJId
DeborIJI K. Sufrin, his wife, daleli S115120m md rcan-ded 5116J2003 in Deed Book 257. Page 338_
PROPERTY ADDRESS: 198 CREEKSIDE DRIVE, ENOLA, P A 17025
TAX PARCEL: # 09-17-1042-005
1; '.
.> Sd
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 04-5221 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due CHASE MANHATTAN MORTGAGE
CORPORATION, Plaintiff(s)
From JOHN T. SPARKS
(I) You are directed to levy upon the property ofthe 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 ofthe defendant
(s) or otherwise disposing thereof;
(3) Ifproperty 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 $93,938.74
L.L.
Interest FROM 2/17/05 TO 3/6/06 (PER DIEM - $15.44) - $5,928.96 AND COSTS
Atty's Comm % $3,662.00 Due Prothy $1.00
Atty Paid $1004.80 Other Costs
Plaintiff Paid
Date: DECEMBER 6, 2005
!J
Prothonota
(Seal)
By:
Deputy
REQUESTING PARTY:
Name DANIEL G. SCHMIEG, ESQUIRE
Address: ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400
PHILADELPIDA, PA 19103-1814
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ill No. 62205
W: LIL - J
", v '
..') ~J. ,'~ tJ
Real Estate Sale # 39
On December 16, 2005 the Sheriff levied upon the
defendant's interest in the real property situated in
East Pennsboro Township, Cumberland County, PA
ti!!) Known and numbered as 198 Creekside Drive,
ICiiiT
CViJ
c::=::J Enola, more fully described on Exhibit "A"
(fi)
GWiJ filed with this writ and by this reference incorporated herein.
Date: December 16,2005
BY:J~S~
Real Estate Sergeant
'b~ € c;1 L - DJ(}.
Vd 'A.LNOOn (jNV'1~3I1Hna
.:I.1Il1l3HS 3/011 .::/0 3:llJl.:!e
~. -
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Connnonwealth ofPel1DSylvania, County of Dauphin} ss
Michael Morrow, being duly sworn according to law, deposes and says:
1bat he is the Controller of The Patriot News Co., a corporation organized and existing under the Jaws of
the Commonwealth ofPel1DSylvania, with its principal office and place of business at 812 to 818 Market Street, in
the City of Harrisburg, County of Dauphin, State ofPel1DSylvania, owner and publisher of The Patriot-News and
The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in
the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March
4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since;
1bat the printed notice or publication which is securely attached hereto is exactly as printed and published
in their regular daily and/or Sunday! Metro editions which appeared in the 24th and 31st day(s) of January and
the 7th day(s) of February 2006. 1bat neither he nor said Company is interested in the subject matter of said
printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of
publication are true; and
1bat he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed
and adopted severally by the stockholders and board of directors of the said Company and subsequently duly
recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14,Page317.
PUBLICATION
COpy
S ALE #39
.D.
~
NOT Y PUBLIC
My commission expires June 6, 2006
CUMBERLAND COUNTY SHERIFFS OFFICE
CUMBERLAND COUNTY COURTIiOUSE
CARLISLE, PA. 17013
....
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under ACI :'-10. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA:
ss.
COUNTY OF CUMBERLAN [) :
Lisa Marie Coyne, E,quire, Editor 01' the Cumber);lJJd Law Journal, of the County and
State aforesaid, being duly sworn, according 10 law, deposcs 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, i 952, and designated by the local courts as the official legal
periodical for the publication III all legal notices, and has, since January 2,1952, been regularly
issued weekly in the said COllllly, and tllat the printed notice or publication attached hereto is
exactly the sanle as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates.
V1Z:
January 20, n. February 3,20'16
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law JOlU'nal, a legal periodical elf general circlllation, ,md 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 aile; character of publication are lrlle.
sw N TO AI\D SUBSCRIBED before me this
_ ---1-day of _ Februarv. 2006
.~~~)~;. vf~trfUV
-. __... 110.118
Writ No. 2004-5221 Ctvtl
Chase Manhattan Mortgage
Corporation
VB.
John T. Sparks
Atty.: Daniel Schmieg
LEGAL DESCRIPTION
ALL THAT CERTAIN piece or
parcel of land, together with the
improvements erected thereon, situ-
ate, iying and being in East penns-
bora Township, Cumberland Coun-
ty. Pennsylvania. about one mile
West of West Fa1rv1ew and about
two miles North of Camp Hm. slong
the Western side of the Condoguinet
Creek Public Road leading from the
State Highway Southward to the
HarrIsburg-Carlisle Pike, bounded
and described as follows. to wit:
BEGINNING at a post at the
Westem side of the aforesaid Pub-
lic Road and the Northern said of a
private Road belonging now or for-
merly of Vernon R. Bowman. said
post being North I degree 30 min-
utes West. and 37.5 feet distance
from an Elm Tree at the Southern
side of said private road at the cor.
ner of land now or formerly of Eu-
gene McCreary, thence along the
Northem side of the aforesaid prl-
vate road. North 80 degrees West.
249 feet to a post at land now or
formerly of Vernon R. Bowman: said
post being North 5 degrees West and
80 feet distant form the Locust Tree
at the comer of land now or for-
merly of Eugene McCreary and
Vernon R. Bowman: thence along
land now or formerly of Vernon R.
Bowman, North 15 degrees West,
150 feet to a post at land now or
formerly of Vernon R. Bowman;
thence by the same, SOuth 81 de-
grees 31 mtnutes 30 seconds East,
2678.38 feet (erroneously set forth
In prior recorded Deed as South 82
degrees 30 minutes East, 271 feet
to a post) to an iron pipe at the West-
ern side of the said Public Road,
thence along the Western side of the
said Public Road; South 7 degrees
30 minutes East. 150 feet to a post,
the place of beginning.
CONTAINING 143 perches. more
or less, and having thereon erected:
a residential dwelling numbered 198
Creo!>bIde Drtve. Enola, P=nsylva-
nla.
'ITll.E TO SAlD PREMISES IS
VESTED IN John T. Sparks. by
Deed from Noel M. Sufrin and
Deborah K. Sufrln. his wife, dated
5I15I2003 and recorded 5/16I
2003 in Deed Book 257. Page 338.
PROPERTY ADDRESS: 198
CREEKSIDE DRIVE, ENOLA, PA
17025.
TAX PARCEL: # 09-17- 1042-005.