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HomeMy WebLinkAbout05-2441 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 PHIl MORTGAGE CORPORA nON, F/K/A ERA MORTGAGE 4001 LEADEN HALL ROAD MOUNT LAUREL, NJ 08054 A HORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM v. NO. 65' -.;).44/ (l;uil ~f/L~ CUMBERLAND COUNTY JOHN E. MINICH JOANNE E. ALTLAND 4334 ENOLA ROAD NEWVILLE, PA \724] Defendants 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 LA WYER AT ONCE. JF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFJCE SET FORTH BELOW. THIS OFFJCE 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 JNFORMATION 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 Bedlord Street Carlisle, P A ] 70 13 (800)990.9] 08 file#: 114146 Fill: #: 114146 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IS 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 MA Y 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 OBLJGA TlONS 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 EST A TE. 1. Plaintiff is PHH MORTGAGE CORPORATION, F/KI A ERA MORTGAGE 400] LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known addressees) of the Defendant(s) are: JOl-1N E. MINICH JOANNE E. ALTLAND 4334 ENOLA ROAD NEWVILLE, PA 17241 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 07/09/2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1727, Page: 556. 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 11/0 I /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 #: 114146 6. The following amounts are due on the mortgage: Principal Balance Interest 1010 l/2004 through 0511012005 (Per Diem $1 OA9) Attorney's Fees Cumulative Late Charges 0710912001 to 05/1 012005 Cost of Suit and Title Search Subtotal $50,347.90 2,328.78 1,250.00 36.36 $ 550.00 $ 54,513.04 Escrow Credit Deficit Subtotal 0.00 640 AO $ 640 AO TOTAL $ 55,153A4 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 Sheriffs Sale, Ifthe Mortgage is reinstaled prior to the Sale, reasonable attomey's fees wil1 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 tenninated 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 rem Judgment against the Defendant(s) in the sum of $ 55,153A4, together with interest from 0511012005 at the rate of$10A9 per diem to the date of Judgment, and other costs and charges colleclible under the mortgage and for the foreclosure and sale of the mortgaged property, PHELAN HALLINAN & SCHMIEG, LLP , ~-dtt By: allinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S, HALLINAN, ESQUIRE Attorneys for Plaintiff Filc#: 114146 LEGAL DESCRIPTION ALL that certain tract ofland with improvements thereon situate in Upper Frankford Township, Cumberland County, Pennsylvania, bounded and described in accordance with a plan prepared by Larry V. Neidlinger, RPLS dated September 23, 1994 and recorded in the Office of the Recorder of Deeds in Plan Book 71 Page 106 as follows, to wit: BEGINNING at a point in the Enola Road at comer of other land of George E. Jumper, Jr., et ux; thence North 16 degrees 37 minutes 37 seconds West 240.64 feet to an iron pin; Ihence by same, North 68 degrees 46 minutes 42 seconds East 140.00 feet to an iron pin; thence still along same South 20 degrees 39 minutes 27 degrees East 276.67 fcet to a point at utility pole; thence along Lot No.3 on plan south 16 degrees 50 minutes 45 seconds West 127.11 feet to a point; thence along and through Enola Road North 51 degrees West 157.45 feet to an iron pin set; Place of BEGINNING. CONTAINING 1.0969 acres and designated as Lot No.2 on plan of George E, Jumper, Jr. and being known as 4334 Enola Road, Newville, Pennsylvania. Notations on plan has erroneously identified Lot No, I as being 4334 Enola Road. 4334 Enola Road is actually thc address of Lot No.2. BEING part ofthe same property which George E. Jumper, by his attorney in fact, George E. Jumper, Jr. granted and conveyed to George E. Jumper, Jr. and Linda A. Jumper, his wife, Grantors herein, by deed dated September I, ] 992 and recorded in the Ollice of the Recorder of Deeds for Cumberland County in Deed Book 'W', Volume 35, Page 43. AND the said Grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. BEING NO. 4334 ENOLA ROAD File#: 114146 VRRIFICA TION MARC J, HINKLE hereby states that he/she is V,P. ofCENDANT MORTGAGE CORPORA nON mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the toregoing Civil Action in Mortgage Foreclosure are true and correct to the best ofhislher knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa, C.S. See, 4904 relating to unsworn falsification to authorities, J;)a/' ) JtJgt DATE: ~ (') r-) 0 = P t.-.'-' --n G -rJ tJl a' :t.-n 7\l -- ~ (f't -,"',- rnC~ ~ -" -~1 f'f' - ~,:-)O ..t: (f1 N ;-::?I~), ~ \) -."",, ,...-):n ~ ,- .-.....,,,." S - -;:,-:-}rn <Y -U - (~~, :::" ..n ",I:.."" 0 "\1 -l ~ ?- ~~ '.2., 7: t :b +- ~ SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-02441 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS MINICH JOHN E ET AL R, Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MINICH JOHN E but was unable to locate Him in his bailiwick, He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , MINICH JOHN E 4334 ENOLA ROAD NEWVILLE, PA 17241 HOUSE IS VACANT, DEFENDANT'S ADDRESS IS 12300 PHILLIPS LANE LOT 15 GIBSONTON, FL 33534, Sheriff's Costs: Docketing Service Not Found Surcharge 18,00 7.40 5,00 10,00 ,00 40,40 So answers:__ ./ ~~~:...~..... R, Thomas Kline Sheriff of Cumberland /' ./ County PHELAN HALLINAN SCHMIEG 06/21/2005 Sworn and subscribed to before me this .;J8g;;. day of ~ ;!.IJr:JS A.D, sJ~,'. - f:! huge. ,~tpt Pro h notary SHERIFF'S RETURN - NOT FOUND CASE NO: 2005-02441 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS MINICH JOHN E ET AL R, Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT ALTLAND JOANNE E but was unable to locate Her in his bailiwick, He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT , ALTLAND JOANNE E 4334 ENOLA ROAD NEWVILLE, PA 17241 HOUSE IS VACANT. DEFENDANT'S ADDRESS IS 12300 PHILLIPS LANE LOT 15 GIBSONTON, FL 33534, Sheriff's Costs: Docketing Service Not Found Surcharge 6,00 .00 5,00 10.00 ,00 21,00 So answe:r;s'~ f'~/ ."../ ~ ~--/ ,~~~=~='7/-- R, Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 06/21/2005 Sworn and subscribed to before me this .U~ day of Lf.it..e-- ;J{}()f A,D, ~)~1to~ta9; ~ ,A ~n;; PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ" Id, No. 32227 FRANCIS S. HALLINAN, ESQ" Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 PHH MORTGAGE CORPORATION, FIK/A ERA MORTGAGE A TIORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff CUMBERLAND County vs, JOHN E. MINICH JOANNE E. ALTLAND No. 05-2441 Defendants PRAECIPE TO REINSTATE CIVIL ACTlON/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN & SCHMIEG, LLP By: y~~ ~. \-tJL=.- FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: September 27, 2005 /mmt, Svc Dept. File# 114146 o c- ",,> = = u' CI') rf"i -'" N c:> ~ -'~. 9. -' -r: -n tn.r=:: ~'rO -r~O ;:5,t-> '::14", ~:.-"n (5~ -. 1;J "" - - l'~ .r;:" , VERIFIED RETURN OF SERVICE Commonwealth of Pennsylvania County of Cumberland Civil Court Case Number: 05 2441 Plaintiff: PHH Mortgage Corporation et al vs. Defendant: John E Minich and Joanne E Altland For: Francis S Hallinan, Esq. Phelan Hallinan & Schmieg LLP Ste. 1400 One Penn Center Plaza Philadelphia, PA 19103-1799 Received by FULL SPECTRUM LEGAL SERVICES, INC. on the 9th day of November, 2005 at 12:20 pm to be served on JOHN E MINICH, 769 5t Jude Dr, N Long Boat Key FI 34228. I, Yvonne Bundy, being duly sworn, depose and say that on the 10th day of November, 2005 at 8:00 pm, I: Individually Served the within named person with a true copy of this Civil Action-Law, Complaint in Mortgage Foreclosure with the date and hour endorsed thereon by me, pursuant to State Statutes. Military Status: Based on inquiry of the party being served, defendant is not in the military. I am over the age of 18 years of age and have no interest in the above action. I am a Certified Process Server, in good standing with the Judicial Circuit in which this process was served. Pursuant to Florida Statute 92.525, and under penalty of perjury, I declare that the facts set forth are true and correct. /1 / / ~P7-'A-.L-e/~~~1 Yv e Bundy Certified Process Server #171 ~ FRED R. WENDLING MY CO. MtJ'ISSION # 00206482 EXPIRES: May 25, 2007 1_600-3-NOTt,o-:-y FL !\I:J1ary Oiscourll AssQc.Oo. Subscribed and Sworn to'-befor~~e on the 11 th day of November, 2005 by the affiant who is personally kno to me. FULL SPECTRUM LEGAL SERVICES, INC, 400 Fellowship Rd Ste 220 Mt Laurel" NJ NOTARY PUBLIC Our Job Serial Number: 2005001669 Ref: 2226/114146 Copyright@1992-2005DatabaseServices, Inc, - Process Server's Toolbox V5.5J I! ;.., .ql,'1..- '1i \') \ (,.. c' \--- . VERIFIED RETURN OF SERVICE Commonwealth of Pennsylvania County of Cumberland Civil Court Case Number: 05 2441 Plaintiff: PHH Mortgage Corporation et al vs. Defendant: John E Minich and Joanne E Altland For: Francis S Hallinan, Esq. Phelan Hallinan & Schmieg LLP Ste. 1400 One Penn Center Plaza Philadelphia, PA 19103-1799 Received by FULL SPECTRUM LEGAL SERVICES, INC. on the 9th day of November, 2005 at 12:20 pm to be served on JOANNE E ATLAND, 769 St Jude Dr, N Long Boat Key FI 34228. I, Yvonne Bundy, being duly sworn, depose and say that on the 10th day of November, 2005 at 8:00 pm, I: Individually Served the within named person with a true copy of this Civil Action-Law, Complaint in Mortgage Foreclosure with the date and hour endorsed thereon by me, pursuant to State Statutes. Military Status: Based on inquiry of the party being served, defendant is not in the military. I am over the age of 18 years of age and have no interest in the above action. I am a Certified Process Server, in good standing with the Judicial Circuit in which this process was served. Pursuant to Florida Statute 92.525, and under penalty of perjury, I declare that the facts set forth are true and correct. G) FRED R. WENDUNG MY COMiAISSION # DO 206482 F..1("::' ':;:ES: May 25, 2007 1.fD).3.NOTAR': i'!mary DisoountAssoc.Co. /' ?1}'Y7-n---A-[/6-u--;n. /"A![;1'/ v e Bundy Ce ified Process Server #171 Subscribed and Sworn to before me on the 11 th day of November, 2005 by the affiant who is personally kno to m FULL SPECTRUM LEGAL SERVICES, INC, 400 Fellowship Rd Ste 220 Mt Laurel.. NJ Our Job Serial Number: 2005001670 Ref: 2227/114146 Copyright @ 1992~20D5 Database Services, Inc. - Process Server's Toolbox V5_5j --------- -' l-':' f.:: ., 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 (2 I 5) 563-7000 PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE 4001 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO, 05-2441 JOHN E. MINICH JOANNE E. ALTLAND 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 E. MINICH and JOANNE E. ALTLAND, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 05/11/05 to 01/09/06 TOTAL $55,153.44 $2,559,56 $57,713.00 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, . DANIEL G. SCHMIEG, S DIRE Attorney for Plaintiff DAMAG~S ARE HEREBY ASSESSED AS INDICATED, . . .~.. DATE:_ J:::J. ') IO,:J..6D1o {! tuzii=------- PRO PROTHY / - .." PHELAN HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Sclunieg, Esq., Id. No. 62205 One Pelill Center Plaza, Suite 1400 Philadelphia, PA 19103 (?1 '\) "h~.7000 PHH MORTGAGE CORPORATION F/KIA ERA : COURT OF COMMON PLEAS MORTGAGE Plaintiff : CML DIVISION Vs. : CUMBERLAND COUNTY JOHN E. MINICH JOANNE E. ATLAND Defendants : NO. 05-2441 TO: JOHN E. MINICH 769 SAINT JUDE DRIVE NORTH LONGBOAT KEY, FL 34228 DATE OF NOTICE: OI<:CFMRFR n, 2005 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.lF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A IDDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE,PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff " PHELAN HALLINAN AND SCHMIEG 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 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (? 1 ,) 'n1-7000 PHH MORTGAGE CORPORATION FiK/A ERA :COURTOFCOMMONPLEAS MORTGAGE Plaintiff : CIVIL DIVISION Vs, : CUMBERLAND COUNTY JOHN E. MINICH JOANNE E. ATLAND Defendants : NO. 05-2441 TO: JOANNEE,ALTLAND 769 SAINT JUDE DRIVE NORTH LONGBOAT KEY, FL 34228 DATE OF NOTICE: OFCFMRFR 22 2005 THIS FIRM IS A DEBT COLLECfOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECf THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plamtiff . 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 PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE 4001 LEADENHALL ROAD CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-2441 JOHN E. MINICH JOANNE E. ALTLAND 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 of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended, (b) that defendant JOHN E. MINICH is over 18 years of age and resides at, 769 SAINT JUDE DRIVE NORTH, LONGBOAT KEY, FL 34228 . (c) that defendant JOANNE E. ALTLAND is over 18 years of age, and resides at , 769 SAINT JUDE DRIVE NORTH, LONGBOAT KEY, FL 34228. This statement is made subject to the penalties of 18 Pa, C,S, Section 4904 relating to unsworn falsification to authorities, ~~ DANIEL G, SCHMIEG, Attorney for Plaintiff C L. F ~ Il.f ';d p \l:- ~ ~ ~ \'- (,.., W - 4 ~ ...:( - ~ R r-- -Q. -C C> () ~ E ~ .-..c... ["-..) ,~ r-) ;" ij c.~ , ' <<-,',: o ---, , , C) co: . \../'; ::,: . (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PHH MORTGAGE CORPORATION, FIK/A ERA MORTGAGE 4001 LEADENHALL ROAD CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-2441 JOHN E. MINICH JOANNE E. ALTLAND Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on , b. \ /() 200 (." By j!~~ If you have any questions concerning this matter, please contact: ~ DANIEL G, SCHMIEG, Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF, KENNEDY BLVD" SUITE 1400 PHILADELPHIA, PA 19103-1814 (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," .~ PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE Plaintiff, v. No. 05-2441 JOHN E. MINICH JOANNE E. ALTLAND Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $57,713,00 Interest from OIl09/06 to JUNE 07, 2006 (per diem -$9.49) $1,414,01 and Costs Additional Costs $2,517,00 TOTAL $61,644,01 DANIEL G, SCHMIEG, E Q One Penn Center at Suburb t tion 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, rsJrsJ ........ ~~ <"l<"l ...... ~~ s~ ~~ 00 ~~ ZZ 00 ...... ~< == o~ Z ~~ ~~ ~ g 00 ... ZZ ...... B ~~ ...~ .... S... -d ~z ~ ~'E OJ ~z ~ o~ ... = "-" ~~ b 0" .- ~~ '" - ~~ '" ~~ ....~ ~Q ,~ OJ ~ ~ ~~ O~ - p Ot: OJ p.., ;;J;;J ~ 00 ..... ~~ ,;, ;~ . k ...... S UZ ... ~~ S3 ...... \okS ~~ ~~ '" ~~ ~~ ?l i> Ou ~t 6 g. ~~ "... O~ 0 0000 p. ~< ~i ~ $$ OJ ;;J~ O~ "'0 r-r- ~ 8g ... ~ ~~ ;,; S'" ~ '" i .;; OJ ...~ .l3 ~ ~ ,- ~;;J 1M U - -.------ LEGAL DESCRIPTION ALL that certain tract ofland with improvements thereon situate in Upper Frankford Township, Cumberland County, Pennsylvania, bounded and described in accordance with a plan prepared by Larry V. Neidlinger, RPLS dated September 23,1994 and recorded in the Office of the Recorder of Deeds in Plan Book 71 Page 106 as follows, to wit: BEGINNING at a point in the EnolaRoad at comer of other land of George E, Jumper, Jr., et ux; thence North 16 degrees 37 minutes 37 seconds West 240,64 feet to an iron pin; thence by same, North 68 degrees 46 minutes 42 seconds East 140,00 feet to an iron pin; thence still along same South 20 degrees 39 minutes 27 degrees East 276.67 feet to a point at utility pole; thence along Lot No, 3 on plan south 16 degrees 50 minutes 45 seconds West 127,11 feet to a point; thence along and through Enola Road North 51 degrees West 157.45 feet to an iron pin set; Place of BEGINNING, CONTAINING 1.0969 acres and designated as Lot No, 2 on plan of George E, Jumper, Jr. and being known as 4334 Enola Road, Newville, Pennsylvania, Notations on plan has erroneously identified Lot No, 1 as being 4334 Enola Road. 4334 Enola Road is actually the address of Lot No.2, TITLE TO SAID PREMISES IS VESTED IN John E, Minich and Joanne E, Altland, as joint tenants with the right of survivorship and not as tenants in common, by Deed from George E, jumper and Linda A, Jumper, his wife, dated 07/09/2001 and recorded 07/10/2001 in deed Book 247, Page 1728, Tax Parcel #43-05-0417-080 '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 PffiLADELPffiA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF PHH MORTGAGE CORPORATION, F/KIA ERA MORTGAGE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION JOHN E. MINICH JOANNE E. ALTLAND NO. 05-2441 Defendant(s). CERTIFICATION DANIEL G, SCHMIEG, ESQUlRE, 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, DANIEL G, SCHMIEG, Attorney for Plaintiff '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 PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION JOHN E. MINICH JOANNE E. ALTLAND NO. 05-2441 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: o 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, DANIEL G, SCHMIEG, Attorney for Plaintiff DIRE C'] 1"'.,) -"" (',) ) ~. -',''I ,.:-"' ..... "'" ~ ,- a '1' -~ Q -- & ~ ~ ~ C CA ~ \'\ 0 "" , . \ ~ ~ ~<) c~ \) CD ~ <:0 'J V' .J:. r- ~ (' C'J c:J J Ci .....----" J -,.-, "" ~ . '- r ~n , , ;'-~ ~ ,;:: - \)"! "-S r-- ---0 (/) r'-J ~ r':> ~ ~. (:;-\ ~ ::r ~ , :b -, ~, --~- 7-,~ ~ ~ ~ '< C.,. _::::1-- - ----- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) N005-2441 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION F/K1A ERA MORTGAGE Plaintiff(s) From JOHN E. MINICH AND JOANNE E, ALTLAND (I) 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 tbe account of the defendant (s) and from delivering any property of the defendant (s) or otberwise 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$57,713,OO L.L.$0.50 Interest from 1/9/06 to June 7, 2006 (per diem - $9.49) $1,414,01 and costs Atty's Comm % Due Prothy $1.00 Atty Paid $140.90 Otber Costs$2,517,OO Plaintiff Paid Date: January 18, 2006 (Seal) By: Deputy REQUESTING PARTY: Name Daniel G, Schmieg, Esq. Address: One Penn Center at Suburbank Station 1617 John F. Kennedy Blvd, Suite 1400 Philadepthia PA 19103-]8]4 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 62205 ( PHH MORTGAGE CORPORATION, FIK/A ERA MORTGAGE CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION JOHN E. MINICH JOANNE E. ALTLAND NO, 05-2441 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No, I) PHH MORTGAGE CORPORATION. F/K/A ERA MORTGAGE, 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 ,4334 ENOLA ROAD. NEWVILLE. PA 17241. I. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOHN E. MINICH 769 SAINT JUDE DRIVE NORTH LONGBOAT KEY, FL 34228 JOANNE E. ALTLAND 769 SAINT JUDE DRIVE NORTH LONGBOAT KEY, FL 34228 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) SUSQUEHANNA V ALLEY FEDERAL CREDIT UNION F/K/A WEST SHORE TEACHERS FEDERAL CREDIT UNION 3850 HARTZDALE DRIVE CAMP HILL, PA 17011-7809 ! 4, Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) FLEET NATIONAL BANK RETAIL LOAN SERVICING 315-317 COURT STREET, P.O. BOX 3092 UTICA, NY 13502 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 4334 ENOLA ROAD NEWVILLE, PA 17241 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 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, See, 4904 relating to unsworn falsification to authorities, January 6,2006 DATE DANIEL G. SCHMIEG, Attorney for Plaintiff "~ ["..) ~'-. () -',1 ~J :[1 ~:- CJ ] , ':1 -,~, p-..) Cj"\ :-~-1 .-<.: -' PHH MORTGAGE CORPORATION, F/KIA ERA MORTGAGE Plaintiff, CUMBERLAND COUNTY No. 05-2441 v. JOHN E. MINICH JOANNE E. ALTLAND Defendant(s). January 6, 2006 TO: JOHN E. MINICH 769 SAINT JUDE DRIVE NORTH LONGBOAT KEY, FL 34228 JOANNE E. ALTLAND 769 SAINT JUDE DRIVE NORTH LONGBOAT KEY, FL 34228 **THIS FIRM is A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORMA TlON OBTAiNED WILL BE USED FOR THAT 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 (rea] estate) at, 4334 ENOLA ROAD, NEWVILLE, fA 17241, is scheduled to be sold at the Sheriffs Sale on JUNE 07, 2006 at 10:00 a,m, in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA ]7013, to enforce the court judgment of$57,713.00 obtained by PHH MORTGAGE CORPORATION, FIKlA ERA MORTGAGE (the mortgagee) against you, In the event the sale is continued, an announcement will be made at said sale in compliance with Pa,R,C,P" Rule 3 129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 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,) J YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1, If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000, 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property, 3, The sale will go through only if the buyer pays the Sheriff the full amount due in the sale, To find out if this has happened, you may call (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 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 mav 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 ASSOCIA nON 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 . LEGAL DESCRIPTION ALL that certain tract of land with improvements thereon situate in Upper Frankford Township, Cumberland County, Pennsylvania, bounded and described in accordance with a plan prepared by Larry V, Neidlinger, RPLS dated September 23,1994 and recorded in the Office of the Recorder of Deeds in Plan Book 71 Page 106 as follows, to wit: BEGINNING at a point in the Enola Road at corner of other land of George E. Jumper, Jr., et ux; thence North 16 degrees 37 minutes 37 seconds West 240,64 feet to an iron pin; thence by same, North 68 degrees 46 minutes 42 seconds East 140,00 feet to an iron pin; thence still along same South 20 degrees 39 minutes 27 degrees East 276.67 feet to a point at utility pole; thence along Lot No, 3 on plan south 16 degrees 50 minutes 45 seconds West 127.11 feet to a point; thence along and through Enola Road North 51 degrees West 157.45 feet to an iron pin set; Place of BEGINNING. CONTAINING 1.0969 acres and designated as Lot No, 2 on plan of George E, Jumper, Jr, and being known as 4334 Enola Road, Newville, Pennsylvania, Notations on plan has erroneously identified Lot No, I as being 4334 Enola Road. 4334 Enola Road is actually the address of Lot No.2, TITLE TO SAID PREMISES IS VESTED IN John E, Minich and Joanne E, Altland, as joint tenants with the right of survivorship and not as tenants in common, by Deed from George E. jumper and Linda A. Jumper, his wife, dated 07/09/2001 and recorded 07/10/2001 in deed Book 247, Page 1728, Tax Parcel #43-05-0417-080 ('~ ~, , '-\1 ~-\ .-r '; :'\ c_ #^'," c'J -,.- r<) , AFFIDAVIT OF SERVICE .. 'I)..IM) CUMBERLAND COUNTY PLAINTIFF PHH MORTGAGE CORPORATION, F!KfA ERA MORTGAGE No. 05-2441 INJD DEFENDANT(S) JOHN E. MINICH JOANNE E. ALTLAND ACCT. #0015659220 SERVE JOANNE E. ALTLAND AT 769 SAINT JUDE DRIVE NORTH LONGBOAT KEY, FL 34228 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 07,2006 (} SERVED . :t'A Served and made known to !~~[ ~ ,Defendant,~nthe ~i day of ~:~~,::,"~~t~'~~.:':::I~:~': t:e :!:r~~\~ ~. JJI4- X Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ ,~Adult in charge of Defendant(s)'s residence who refused to give name or relationship. ManagerlClerk of place oflodging in which 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. Other: Description: Age 5fl:f' Height!i.!.i""" W eight ~ Race ~ Sex f" Other I, J{'d,' ,. t!1;A1'niE~.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 ofSberiffs Sale in the roaMer as set forth herem, issued in the s~~~i:"OO"'''''~'i~''~'~'~ /{ (]~( N,j..ry: ' ttlM-~ CI /Ill. (;,,'iM-L By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the _ __ day of ,200_, at o'cloek _,ill., Defendant NOT FOUND beeause: Moved Unknown No Answer Vacant 1" Attempt: / / Time: 2nd Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of ~___ , 200 ~_' Notary, By: Attornev for Plaintiff Daniel G. Schmieg, Esquire 1.0. No. 62205 ~1 :::J r-;~; C:J r ': Cr.) .''"'! co:. c..: ( AFFIDAVIT OF SERVICE ~ 100.cro CUMBERLAND COUNTY INJD PLAINTIFF PHH MORTGAGE CORPORATION, FIKlA ERA MORTGAGE No, 05-2441 DEFENDANT(S) JOHN E. MINICH JOANNE E. ALTLAND ACCT. #0015659220 SERVE JOHN E. MINICH AT 769 SAINT JUDE DRIVE NORTH LONGBOAT KEY, FL 34228 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 07, 2006 , SERVED ~ .cr"L. _.. _ serv~d,andmadeknownto ~~ E., ~w, "Defendan~~the .J t dayO~OO~ at I ,10 , o'clock/l,m, at 71, 9 xIu.~~ J; ~ ~ / ~.8uUllUUHWlld"" gfP .:..~..'..} LAura, in the maIU1cr described below: Defendant personally served. Adult family memher with whom Defendant(s) reside(s), Name and Relationship is u___. u_ __. _Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. a21111:::,sJdDeknd_ant(s)' co an ...,,__ ,-1'7" ',( Other: ~ ~ ~ Description: Age fib f Height Sf 1" Weight Race ~ Sex '( Other I, Yl1)'. J' l, ~ t..~Mn jtf"R.~a competent i:tdl!..~hJ?ti..Q.gJ;lulysworn according to law, depose and state that I personally handed a true and ~orrect copy of tbe Notice orBnMfhsS~'i'n the iniihii~ as set forth herein, issued in the captioned case on the date and at ::::::s:n::::st:~:e:ve T,~F>' '~~ rd~,ft't1b2fY before me thiS ~ day ,. 1 L of QA."T) I \,.G 200(", ,Ii N&ry An ~"--'- {;I In" C (Mod C By: ,/ PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES, INDICATE DATES & TIMES OF SERVICE ATTEMPTED, NOT SERV.:D On the ~_ day of . .~_, 200_, at _ ~__ o'cloek _,m, Defendant NOT .'OUND heeause: Moved Unknown No Answer Vacant I" Attempt: I I Time: 2"d Attempt: I I Time: 3rd Attempt:. I I Time: Sworn to and subscribed beer: me this ,J~ ;J:y of _. (( , 200_, Nfftary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - J.D. No. 62205 () ~";-'l -,1 ;~,i I;';:") 0) -- rj::: .-::--\ \~ c.) CO . .. SALE DATE: JUNE 7.2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PHH MORTGAGE CORPORATION, FIK/A ERA MORTGAGE No.: 05-2441 vs. JOHN E. MINICH JOANNE E. ALTLAND 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 of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 4334 ENOLA ROAD. NEWVILLE. PA 17241. As required byPa. R.C.P. 3l29.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3l29.2(c) on each ofthe 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 ofthe 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. 1Y~JI.A~ DANIEL SCHMIEG, ESQUIRE Attorney for Plaintiff June 5, 2006 " '. PHH MORTGAGE CORPORATION, FfKlA ERA MORTGAGE CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION JOHN E. MINICH JOANNE E. ALTLAND NO. 05-2441 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) PHH MORTGAGE CORPORATION. FIK/ A ERA MORTGAGE, 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 .4334 ENOLA ROAD. NEWVILLE. PA 17241. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOHN E. MINICH 769 SAINT JUDE DRIVE NORTH LONGBOAT KEY, FL 34228 JOANNE E. ALTLAND 769 SAINT JUDE DRIVE NORTH LONGBOAT KEY, FL 34228 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) SUSQUEHANNA VALLEY FEDERAL CREDIT UNION FIK/A WEST SHORE TEACHERS FEDERAL CREDIT UNION 3850 HARTZDALE DRIVE CAMP fiLL, P A 17011-7809 .to 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) FLEET NATIONAL BANK RETAIL LOAN SERVICING 315-317 COURT STREET, P.O. BOX 3092 UTICA, NY 13502 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 4334 ENOLA ROAD NEWVILLE, PA 17241 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. January 6. 2006 DATE ~J4U, DANlELG. SCHMIEG, ~ Attorney for Plaintiff -. , DA~fE: JANUARY 17,2006 PHH MORTGAGE CORPORATION, FIKIA ERA MORTGAGE vs. JOHN E. MINICH JOANNE E. ALTLAND TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): JOHN E. MINICH JOANNE E. ALTLAND PROPERTY: 4334 ENOLA ROAD NEWVILLE, PA 17241 Improvements: Residential dwelling Judgment Amount: $57,713.00 CUMBERLAND COUNTY NO. 05-2441 The above-captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on JUNE 07, 2006, at the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 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. . . ~~g.g-it ~~l~g; ~j(5ae- WI"~l'i 8. . ~ <t, ~ en -" g c". ~~~o8 -t........,o ~ 88i' .., . ~ i ~,.:<'~"8 0;' i''2l ~.2 S?J~ it 8 o;'~ I 0 a... Ii! .. Nft !!. ."" t;t- "i1 ~j(lf ~~'f!' ca. m (l 8- [~i:a' i 3 ~J ,F: e. g g. a;El~ -~ ii (l ~. '" a ca. e-li'(l[ 00" ",..0 [{Ii 1=1'", <t,~ I ~i'i ~ ~ ~ m' il-i~ g.Il!.~i. 3: S 8; ~~'g~ 3: 0;''; ~ g If 6' e. 0"'1 ::9.ci g E. ..- ....... ..- ...... ::: 0 \0 00 '...J "'z VI "'" Vol IV ~i ~e, '" l l' er 0'1 VI "'" Vol IV ..... G ~ci 0 !l.!! ; ~f ~ ff~ ~ - ...., 0::9. ~B Q !iU ~ ~ ~ ~ ~ ~ ~ trlZZ ~ . ~ 0 ~ 8: ~~-<~ ~ ~ (3 ~ () i ~>~~~ PJ ~ ~ e i ~~ ~ ~ $ ~ 0 g i ~l' ~~ 00 ~ "%1 Z 1_ t-'trl ~ -1 f; "'" "tl 00 ~~ ~ ~ ~ i ~ ~ ! ~~ ~ ~ ~ ~ ~ ~ i ~~ ~ i ~ ~ ~ t ::r:O tzl ~ Z ~ ~ ~ F::J trl 0 Z "tl () S"'~ ~ Z ~ trl ~ 0 "tl~ () 0 ~::c ~ ;j ~ ~~ ~ ~ S ~ ~ ~~ 0"%1 ~ P:: Z trl Z ..... ~ Vol o~ ~Vol ~~ y; ~ ~ ~ ~ ~ ~~ ~ 0 ~ 8 ~ ~ \O~ ()~ g; t ~::c >-3 0>-< ~~ ~ ~~~ ~G1~ g; ~ ~-< ~ (3 tii >-3 G1~~ ~~ trl trl Vol 00 0 00 > >-3"'" ~d () ~ IV IV G1 ::r: "tl~ 0'1 trl trl 0 ~ >-3 ~ . ~ ~ "%1 ~ ~ 2 ~ ~ ~ _ Vol ...... "J 0 00 00 ~ ~ ~ J;; () ~ ~ g; ~ o ~ ~ ~ ..... ..... -:l -1 Vol ..... o VI ~ [tl"'d .a~ f~ ~~ "'d !; i o ~ " g: .. t;)~~POs,.~ . K!UZ~-' " ':! I -"'l:; r.-.-....: - " ~ - .....0 IIOV\IE5 iill 02 1A $ 02.150 0004309825 JAN 1 7 2006 " MAILED FROM ZIPCODE 19103 ~ n Ii' z c 3 C" CD ., o>~ ~Q.! II)=-e ~ ., ~ 1:1 ~ ~ Q.fI11:1 ~ Q. 'i:l......O"'t:l [~~fii l>>-....)"'t:Il' g.......!l> -a-g.SZ e:~(")~ .P. 9 'i:l~~ >~4l' \Ooa2! o~ II) > w g.Z ~~EiRo ~E.c::rll) J:>.~~(") ,,"~II)g3 ~P.g'EE ~lI)go = c:: ~ ,-, l' ~ ft . ~...... l' J:>. . o ~ l'i'jo ~ F;l :::::. z L. C ~~ F/l ':!l 1'-..) C"~::.J' '= 0' o 11 --I ::r nl ::D 1-- ;""T1 CJ ( s::: --: I en -,.- " --- --... 1'0 1'0 '" COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Fannie Mae is the grantee the same having been sold to said grantee on the 7th day of June A.D., 2006, under and by virtue of a writ Execution issued on the 18th day of January, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2006'Number 2441, at the suit ofPHH Mtg Corp against John E Minich & Joanne E Altland is duly recorded in Deed Book No. 275, Page 1855. IN TESTIMONY WHEREOF, I have hereunto set my hand -tr.' d9 d(}OC anl= said Of~:.:'S day of / ecorder of Deeds PHH Mortgage Corporation flk/a Era Mortgage VS John E. Minich and Joanne E. Altland In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-2441 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice of Sheriffs Sale, and Description in the following manner: The Sheriff mailed by certified mail, return receipt requested, deliver to addressee only, a true copy of the within action to the within named defendant, to wit: John E. Minich, to his last known address of 769 Saint Jude Drive North, Longboat Key, FL 34228 This letter was mailed under the date of February 16, 2006. The return receipt card was signed by John Minich on February 21,2006 and returned to the Cumberland County Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice of Sheriffs Sale, and Description in the following manner: The Sheriff mailed by certified mail, return receipt requested, deliver to addressee only, a true copy of the within action to the within named defendant, to wit: Joanne E. Altland, to her last known address of769 Saint Jude Drive North, Longboat Key, FL 34228 This letter was mailed under the date of February 16,2006. The unopened letter was returned as "Unclaimed" on March 07,2006 to the Cumberland County Sheriffs Office. Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 2006 at 3:00 o'clock P.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 E. Minich and Joanne E. Altland located at 4334 Enola Rd., Newville, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: John E. Minich and Joanne E. Altland by regular mail to their last known address of769 Saint Jude Drive North, Longboat Key, FL 34228. These letters were mailed under the date of April 06, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 07, 2006 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel G. Schmieg for Fannie Mae. It being the highest bid and best price received for the same, Fannie Mae of 1900 Market Street, Suite 800, Philadelphia, P A 19103, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $981.20. . . Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed $30.00 19.23 15.00 15.00 30.00 10.00 .50 1.00 9.68 13.92 15.00 30.00 359.00 348.80 19.57 25.00 39.50 $ 981.20 ./ ~, So Answers: r~~ R. Thomas Kline, Sheriff Bvdo d.{~, fW1JjJ1 Real Estate ergeant '7. I/~Oo, clL9-~L c..J<.- 30,0-0 , ~D \ ' ,~/A 0'4~or 't '-,~ a&v J r 0 11-; WRIT OF EXECUTION and/or A TT ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N005-2441 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION F/K/A ERA MORTGAGE Plaintiff (s) From JOHN E. MINICH AND JOANNE E. ALTLAND (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) 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$57,713.00 L.L.$0.50 Interest from 1/9/06 to June 7, 2006 (per diem - $9.49) $1,414.01 and costs Atty's Cornm % Due Prothy $1.00 Arty Paid $140.90 Other Costs$2,517.00 Plaintiff Paid Date: January 18,2006 (Seal) By: Deputy REQUESTING PARTY: Name Daniel G. Schmieg, Esq. Address: One Penn Center at Suburbank Station 1617 John F. Kennedy Blvd. Suite 1400 Philadepthia PA 19103-1814 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 62205 '1" Ql ~ I: 1"0 f'~"V f"". . :!-.,x'''.'. /''''t, "t..fl. r" '~.':. ~.i..".". r...,... (,"f.,. (:{ ~..'.')" Wi ;,' \.'--c} r= ,,;, .~~' [' ~ r,,;j ~ '.It'~ ~,,~. :."; , ',.' - -.. ,., 'I',;;:'~~ , :..;:y .."~, . " /1/1""1,> <" ' I /-C!.J.;:..,~~Ji ~ '~~d:tIl~~~~#o/-... :" . . :.,f ! Real Estate Sale # 40 On February 14, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Upper Frankford Township, Cumberland County, P A Known and numbered as 4334 Enola Road, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. ~ c::vu l:::'171J :I Date: February 14, 2006 By: ,,,"J e-d\JA ~1t(CtL.1 Real Estate Sergeant SZ :01 \! ilZ NVr qODZ ,,(j ,\ j. I ~ i ~ l) \,j \...,' ',I !,'; ".-<-l.J f,i i '; J ..-j:.H<.i3HS 3Hl _.40 :f:il.jjo <.. 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) FLEET NATIONAL BANK RETAIL LOAN SERVICING 315-317 COURT STREET, P.O. BOX 3092 UTICA, NY 13502 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 4334 ENOLA ROAD NEWVILLE, PA 17241 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 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. January 6. 2006 DATE DANIEL G. SCHMIEG, Attorney for Plaintiff -.: PHH MORTGAGE CORPORATION, FIKIA ERA MORTGAGE Plaintiff, CUMBERLAND COUNTY No. 05-2441 v. JOHN E. MINICH JOANNE E. ALTLAND Defendant(s). TO: JOHN E. MINICH 769 SAINT JUDE DRIVE NORTH LONGBOAT KEY, FL 34228 JOANNE E. ALTLAND 769 SAINT JUDE DRIVE NO:QTH LONGBOAT KEY, FL 34228 _ r-' 0 f.) ;:=~~ --.1 '~ J aQU.ary ~ 2006 :::. .,-: r\ 1 '.-~ .4;~ l.~~\ --- cO ;':.1; **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATJ('JN ___ OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGEIN 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 PROP1:."RTY. ** Your house (real estate) at ~ 4334 ENOLA ROAD~ NEWVILLE~ PA 17241~ is scheduled to be sold at the Sheriffs Sale on JUNE 07~ 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of$57~713.00 obtained by PHH MORTGAGE CORPORATION~ FIKIA ERA MORTGAGE (the mortgagee) against you. fu 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. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL that certain tract of land with improvements thereon situate in Upper Frankford Township, Cumberland County, Pennsylvania, bounded and described in accordance with a plan prepared by Larry V. Neidlinger, RPLS dated September 23, 1994 and recorded in the Office of the Recorder of Deeds in Plan Book 71 Page 106 as follows, to wit: BEGINNING at a point in the Enola Road at comer of other land of George E. Jumper, Jr., et ux; thence North 16 degrees 37 minutes 37 seconds West 240.64 feet to an iron pin; thence by same, North 68 degrees 46 minutes 42 seconds East 140.00 feet to an iron pin; thence still along same South 20 degrees 39 minutes 27 degrees East 276.67 feet to a point at utility pole; thence along Lot No.3 on plan south 16 degrees 50 minutes 45 seconds West 127.11 feet to a point; thence along and through Enola Road North 51 degrees West 157.45 feet to an iron pin set; Place of BEGINNING. CONTAINING 1.0969 acres and designated as Lot No.2 on plan of George E. Jumper, Jr. and being known as 4334 Enola Road, Newville, Pennsylvania. Notations on plan has erroneously identified Lot No.1 as being 4334 Enola Road. 4334 Enola Road is actually the address of Lot No.2. TITLE TO SAID PREMISES IS VESTED IN John E. Minich and Joanne E. Altland, as joint tenants with the right of survivorship and not as tenants in common, by Deed from George E. jumper and Linda A. Jumper, his wife, dated 07/09/2001 and recorded 07/1 0/200 1 in deed Book 247, Page 1728. Tax Parcel #43-05-0417-080 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever smce; 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 in the 19th and 26th day(s) of April and the 3rd day(s) of May 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY S ALE #40 -~ '# CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 REAL ESTATE SALE No. 40 .......UII _1 ChI Tenn PIIM .~~.u ' .c.p...nIIIon fIIrIa Era ...... 'IS John E..... and ..... Eo;.... AtkmIIIr ...... Schn.teQ DE8CRIPT1OH ALL THAT CElUAIN ,*t of land with im(l'ovemems thereon situafe in Upper Frankfonl Township, CumberJand Coouty, Pennsylvania, bounded and describlld in'llt'cOnlance with a plan prepared by Lmy V. Neidlinger. RPLS dated September 23, 1!J94: a.ad reCoided in, the Office of the RecooIer of Deeds in Plan Book 71 Page 106 as follows, to wit: BEGINNING at a point in the Eoola I'OIld at comer of other land of George E. lumper, lr" et ux; thence North 16 degrees 37 minutes 37 seconds West 240.64 feet to 811 iron pin; thence by same, North 68 degrees 46 milIJtes 42 seconds East 140.00 feet to an:imn pia; thence still aloDg same SOud1 00 degrees 39111in1Qs '1:T degrees East 276.67 feet toa point atdypole; thence along Lot No.3 on pIaB Sol6 16 deps 50 IIIinules 45 secondsWest' lZ7, 11 feet to a point; thence along and lhrough EnoIa Roell- Nonh 51 degrees West 157.45 feet to 811 iron pin set; Place of BEGINNING. CONTAINING 1.0969 acRls and designated as Lot NO., 2 OIl plaBof ~_ E. Jumper, Je, and being known 384334 q.ma ,Road, Newville, Petmsyl'Yl11iia. Nolatioos OIl pIlin bas erroneopsly identified lot No, 1 as beiug 4334 Eoola Road. 4334 Eoola Road is actuaIly'1he address of Lot No.2. Tl11.E 10 SA.ID PllI!MI8P3 ,is vested in JoIm E, Minid1 and.... E. AIdIBd,. tS joint leDantll with the right of surviwnhip llI!Iautas IelIilIIs in COJDJllOll, by Deed from Gelqe E. JUIDfla' and Linda A. Jumper, his Wift,cIatlId 07~1 and recorded lJ1/WJI>>I ill,.., Book 241; Page 111.1. TAXPAICEL'~t7_ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEAL TH OF PENNSYL VANIA SSe COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: April 7, 14,21,2006 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 SUBSCRffiED before me this 21 day of April. 2006 ~A~ . .Jh~ l\'''l,.. - f'\r.~ n , ,t,.. ~ ~ . " ' ~ , ~ (' I, "~ " .F .' '~ ", ~ '; , r;...,."",.,"""",,,,,, REAL ESTATE SALE NO. 40 Writ No. 2005-2441 Civil PHH Mortgage Corporation f/k/a Era Mortgage vs. John E. Minich and Joanne E. Altland Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL that certain tract ofland with improvements thereon situate in Upper Frankford Township, Cumberland County, Pennsylvania, bounded and described in accor- dance with a plan prepared by LaDy V. Neidlinger, RPLS dated Septem- ber 23, 1994 and recorded in the Office of the Recorder of Deeds in Plan Book 71 Page 106 as follows, to wit: BEGINNING at a point in the Enola Road at comer of other land of George E. Jumper, Jr" et ux; thence North 16 degrees 37 min- utes 37 seconds West 240,64 feet to an iron pin; thence by same, North 68 degrees 46 minutes 42 seconds East 140.00 feet to an iron pin; thence still along same South 20 degrees 39 minutes 27 degrees East 276.67 feet to a point at utility pole; thence along Lot No.3 on plan south 16 degrees 50 minutes 45 seconds West 127.11 feet to a point; thence along and through Enola Road North 51 degrees West 157.45 feet to an iron pin set; Place of BEGINNING. CONTAINING 1.0969 acres and designated as Lot No. 2 on plan of George E. Jumper, Jr. and being known as 4334 Enola Road, Newville, Pennsylvania. Notations on plan has erroneously identified Lot No. I as being 4334 Enola Road. 4334 Enola Road is actuallv the address of Lot No.2, . TITLE TO SAID PREMISES IS VESTED IN John E, Minich and Joanne E. Altland, as joint tenants with the right of survivorship and not as tenants in common, by Deed from George E. Jumper and Linda A. Jumper, his wife, dated 07/09/ 2001 and recorded 07/10 /2001 in deed Book 247, Page 1728. Tax Parcel #43-05-0417-080,