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HomeMy WebLinkAbout05-3734 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 F/KJA CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION TERM NO. OS -J13Y Ciu: tT ~ CUMBERLAND COUNTY v. KYLE E. SPRECHER ASHLEY A. JUMPER III CUMBERLAND DRIVE CAMP HILL, PA 17011 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 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 INFORM A TION 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, PAl 7013 (800)990-9108 File#: 119486 File #: 119486 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT 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. I. Plaintiff is PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: KYLE E. SPRECHER ASHLEY A JUMPER III CUMBERLAND DRNE CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On OS/28/2004 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: 1868, Page: 1889. 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 03/01/2005 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 #: 119486 6. The following amounts are due on the mortgage: Principal Balance Interest 02/01/2005 through 07/2112005 (Per Diem $18.66) Attorney's Fees Cumulative Late Charges OS/28/2004 to 07/21/2005 Cost of Suit and Title Search Subtotal $111,984.92 3,190.86 1,250.00 101.52 $ 550.00 $ 117,077.30 Escrow Credit Deficit Subtotal 0.00 266.64 $ 266.64 TOTAL $ 117,343.94 7. The attorney's fees set forth above are in confonnity 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 tenninated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$ 117,343.94, together with interest from 07/21/2005 at the rate of$18.66 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. PH~ ~L1NAN & S,CHr~1I~2Y , - ,0/4~ ~d/f2~d~ By: . Is/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 1] 9486 LEGAL DESCRIPTION ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Township of Lower Allen in the County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows according to a survey of Ernest J. Walker, Professional Engineer, dated September 19,1968, as follows, to wit: BEGINNING at a point on the westerly side of Cumberland Drive (formerly Avenue '0') (50 feet wide), said point being at a distance 131.96 feet measured South 00 degrees 53 minutes West from a point of curve at the southerly end of curve on the westerly side of Cumberland Drive (formerly Avenue '0') lying opposite Locust Road (formerly Avenue 'N') (60 feet wide); thence along the westerly side of Cumberland Drive (formerly Avenue '0') South 00 degrees 53 minutes West 2.73 feet to a point of tangent on the said side of Cumberland Drive ( formerly Avenue '0'); thence along the arc of a curve deflecting to the right, having a radius of 89.45 feet a distance along the arc of 89.92 feet to a point of curve on said side of Cumberland Drive (formerly Avenue '0'); thence along Lot No. *199, North 38 degrees 48 minutes West 114.62 feet to a point; thence along Lot No. 141, North 00 degrees 53 minutes East 17.79 feet to a point; thence along Lot No. 121, South 75 degrees 31 minutes 30 seconds East, 118.01 feet to the first mentioned point and place of BEGINNING. BEING known as Lot No. 120 of Cumberland Park as recorded in Plan Book 4, Page 95. BEING the same premises which Bruce D. Fleming and Sherry D. Fleming, his wife, by their Deed dated May 14,1993, and recorded on May 19, 1993, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book H, Volume 36, Page 209, granted and conveyed unto Robert J. OWiger and Lori A. Ohliger, his wife, grantors herein. PREMISES: III CUMBERLAND DRIVE File #: 119486 VF.RJFJCA nON 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 foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his /her knowledge, infonnation and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. };w-)Jid DATE: '1 t (q ( 5 ~ --.. \'- \'- \' r-- C> (":) -{g" Il 0 .c:. lI( .t:. 0 C> -v ~P-- 3- n r'~' ?j ~ ':11 (..'-' --t ~L-;-' i-nf:~~ c.;) 0) ('0 t, ,_ ! ~':,1 :~, C.) "-'l.") \"'-.) :.-.::.:. CP G AFFIDAVIT OF SERVICE PLAINTIFF PHH MORTGAGE CORPORATION F/KJA CENDANT MORTGAGE CORPORATION, DIBI A ERA MORTGAGE CUMBERLAND COUNTY CZJ No. 05-3734-CIVlL TERM ACCT. #0027995554 DEFENDANT(S) KYLE E. SPRECHER ASHLEY A. JUMPER Type of Action - Notice of Sheriffs Sale SERVE KYLE E. SPRECHER AT 111 CUMBERLAND DRIVE CAMP HILL, PA 17011 Sale Date: DECEMBER 7, 2005 SERVED Served and made known to }jf ~ J;, S-~ t~ ~\C.. , Defendant, on the er/1t day of &L, 200S att;"Or ,0'clock-f2.m.,at III O:JIM.k>Q...,...[a.rJ<:! 01(""..: G-W.F f4rlJ ,Commonwealth of Pennsylvania, in the manner described below: +Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is 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. an officer of said Defendant(s)'s company. Other: ,II )Jo5~ tion: Age jS- Heightil Weight/60 Race kJ 1.. Sex MOther !, cl-ie{... J-., G(t: ~mpetent adult, being duly sworn according to law, depose and state that! personally handed a true and correct copy of the No ice of Sheriffs Sale in the . aptioned case on the date and at the address indicated above. NOTNUALSEAL UlCI.I..E H. CARTY. =. NIo Sworn to and s~cped 11 Now. ~ ~~f~S ,2005 ~ Noary~~lrt By: PLEASE ATTE~P;S;R~tiE AT LEA 3 TIMES. I DICATE DA MES OF SERVICE ATTEMPTED. NOT SERVED On the day of ,200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 st 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 - t: ...., "'" Sf: = en -o()j en :r f'11rn fTl m::!J Z:.:c; -0 ,..- Z'" ~~ Cf)'}::',,_ CT> f"$~';-:,:j 9, ~\....,- -2"'-, ~r) ..", (J'1 5>(~ :x ..,.("5 c:: ':? crn ~ -I c..l :t W -< - AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF PRR MORTGAGE CORPORATION FIK/A CENDANT MORTGAGE CORPORATION, No. 05-3734-CIVIL TERM D/B/A ERA MORTGAGE CZJ ACCT. #0027995554 DEFENDANT(S) KYLE E. SPRECIIER ASHLEY A. JUMPER Type of Action - Notice of Sherifrs Sale SERVE ASHLEY A. JUMPER AT III CUMBERLAND DRIVE CAMP IDLL, PA 17011 Sale Date: DECEMBER 7, 2005 J SERVED servedandmadeknowntoJJ/~r ~t -;!jlMr~ ,Defendant, on the 8r1t. daYOfqe~ ,20o,f,:;t 6':07 ,O'clockfm.,at //! C0l-"\b~.I,.(o-tJd Or, 1 Gwr }-j:1l , Conunonwealth of Pennsylvania, in the manner described below: -+-Defendant personally served. I I, I J -fl-Adult family member with whom Defendant(s) reside(s). Name and Relationship is eO -"''d-P' ~N." Adult in charge of Defendant(s)'s residence who refused to give name or relationship, 1/, J - ~ cL. Manager/Clerk of place oflodgmg III which Defendant(s) resIde(s). ^//"t..- ): t ',' ~ €'IC Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant( s)' s company. Other: , '/ i) ( Description: Age:5S- Height~ Weight I~o Race~Sext1-. Other /VD j ~S I,C~~h. ('~~, ~ a competent adult, being duly sworn according to law, depose and state that [ personally handed a true an correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and su~cribed befo~et~" ~~ of ,200!). ~ Notary: .. . By: ~~EATL 3 TIMES. mCAT ATTEMPTED. NOTARIAL SEAL lUCIUE H. CARlY.=NIB ~Nov.1= NOT SERVED On the day of ,200_, at o'clock _.m., Defendant NOT FOUND because: 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 I.D, No, 62205 ~ ~ 'A "" <2 ~.. ~\,j; t!)~:b ~~'". <11';" c(':: ~C} ~c; y~ .- C' ...., -::1'- ~ t...:> t...:> Q.. ~~ -:S>q :::1....<;(, -r;,.." q't'i 'eI" -, ~ PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN ST A nON 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 PHH MORTGAGE CORPORATION F/K1 A CENDANT MORTGAGE CORPORATION, DIB/ A ERA MORTGAGE 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, NO. 05-3734-CIVIL TERM v. KYLE E. SPRECHER ASHLEY A. JUMPER 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 KYLE E. SPRECHER and ASHLEY A. JUMPER, 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 Plaintiffs damages as follows: As set forth in Complaint Interest from 7/22/05 to 9/2/05 TOTAL $117,343.94 $802.38 $118,146.32 I hereby certify that (1) 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. /\ - L ~~LJ (;;- Jc7kt~K~Z~Jf DANIEL G. SCHMIEG, ESQUIRF/j Attorney for Plaintiff ' DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ~ ( J.OO-S PROP 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 (215) S()~-7000 PHH MORTGAGE CORPORA nON FIKJA CENDANT : COURT OF COMMON PLEAS MORTGAGE CORPORATION, D/B/A ERA MORTGAGE : CIVIL DIVISION Plaintiff : CUMBERLAND COUNTY Vs, : NO. 05-3734-CIVIL TERM KYLE E. SPRECHER ASHLEY A, JUMPER Defendants TO: ASHLEY A. JUMPER 111 CUMBERLAND DRIVE CAMP lULL, P A 17011 DATE OF NOTICE: AUGUST 18, 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.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 ,.{ cI r' J :r ..... ~~L4 d, ~a FRANCIS S. HALLINAN: ESQUIRE I 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, P A 19103 (71 'i) 'i61-7000 PHH MORTGAGE CORPORATION FIKIA CENDANT : COURT OF COMMON PLEAS MORTGAGE CORPORATION, DIE/ A ERA MORTGAGE : CIVIL DIVISION Plaintiff : CUMBERLAND COUNTY Vs. : NO. 05-3734-CIVIL TERM KYLE E. SPRECHER ASHLEY A. JUMPER Defendants TO: KYLE E. SPRECHER III CUMBERLAND DRIVE CAMP HILL, P A 17011 DATE OF NOTICE: AUGUST 18, 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.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. IMPORT ANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALL Y 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 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 MAYBE 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, P A 17013 (800)990-9108 / Fll~' ',I /-h1~-d 1IaJl~ FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION -LAW PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORA TION, D/B/A ERA MORTGAGE 3000 LEADENHALL ROAD CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, NO. OS-3734-CIVIL TERM v. KYLE E. SPRECHER ASHLEY A. JUMPER Defendant( s). Notice is given that a Judgment in the above-captioned matter has been entered against you on s>~+ b 2~. By: ~~~A~ If you have any questions concerning this matter, please contact: fJ~ ~ A c;fJJ<lJf' DANIEL G. SCHMIEG, ESQUT[J Attorney for Plaintiff " ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BL YD., 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 HA VE 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 PHH MORTGAGE CORPORATION FIK/A CENDANT MORTGAGE CORPORATION, D/B/A CUMBERLAND COUNTY ERA MORTGAGE COURT OF COMMON PLEAS 3000 LEADENHALL ROAD CIVIL DIVISION Plaintiff, NO. 05-3734-CIVIL TERM v. KYLE E. SPRECHER ASHLEY A. JUMPER 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 KYLE E. SPRECHER is over 18 years of age and resides at , 111 CUMBERLAND DRIVE, CAMP HILL, PA 17011. (c) that defendant ASHLEY A. JUMPER is over 18 years of age, and resides at , 111 CUMBERLAND DRIVE, CAMP HILL, P A 17011. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. L~'~/y{~0/ re. ~ii JAllL; DANIEL G. SCHMIEG, ESQUIRE 7 Attorney for Plaintiff - 0 ..{g.. ~ ~ ---a r-..:> \ () c"':J 0 <,:'._J -r1 \) c-- c...r"' -~ (f) :r.::--;t C> r~ I'll? * -0 -n rT1 F -- ~ -c,C) ()- C;; G' I~~_.), {;-; :T~ ~\--\ '\j) f)~1 ) ?v ~ f: 'i~\:I\ J::. - ltf - ., .'1~_."'" Crt (j0 ".0 (}"'\ :-<. f: J:- 0 ~ PHH MORTGAGE CORPORATION F/KJA CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE Plaintiff, No. 05-3734-CIVIL TERM v. KYLE E. SPRECHER ASHLEY A. JUMPER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $118,146.32 Interest from 912/05 to DECEMBER 7, 2005 (per diem -$19.42) $1,864.32 and Costs TOTAL $120,010.64 /' L,.. C;' ~Cli'~' DANIEL G. CHMIEG, ESQU One Penn Center at Suburban Statio 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. ~~ ~~ G:)G:) r-r- ~~ << ~~ ~~ S~ ~~ ~~ .... ~ ~ ~ UU < .- z ~~ ~~ g .- .- ~ ~~ ~~ - .-I ~ ~~ ~~ ~ ~ ~~~ >d ~~ U ~~ ~ ~~ ~~ \ ~~ ~ ~z "",,"Oe,:) x"'" ~ ~z ~~< ~ =' ..... ~~ <Il ~~ ~ ~ ~ ~~ Oe,:) U~ ~.s \8 ..... ;; ,r:, c<:S OU~ o tJ ,,-' - ~ ~ .- ~~ Q,l p.. O~ ~~O ~~ l~ ~~ e UZ J, ~~ ~~ <Il O<~ ... \-< ~5 ~~ ~~ ~ ue,:)~ ~~ . ~ 6 ~~ ~ Ou tS~ ~a Q~ UU p.. ~~ <~~ o "'" ~~ ~ ~ e ~~ t ~~ e,:)i~ ~~ ~6 ~~ .a 8; ~~~ e: en ~ o~~ U <Il ~ ~~ ~ ~ .t5 ~~ ~ ~ '--tr ~~ - st1 ..... ~ ~ p;.. ~~ U ~u 11 -c ~\. .~ 0 3 t.n t .. r ~ - ~ J ...t'> r0 '-.:... ~ I..D ~ c:] '-J I -- d C\_ 'IS ~ :-,_1 (j) \ ~ ~ L? .,r~:;'':: r:J <::;:"'71 =-:) c-';'::i \ - ("-.l u a &:, 5i ~ ~ 5? \~~ :::t -.J -u) ~ ~...s. \.i- ~ 1L ~ Jj 0('1"\.......... \....() f')) - <0 cY ~ ~ ....-.--------- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-3734 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORP. F/K/A CENDANT MORTGAGE CORP., D/B/A ERA MORTGAGE Plaintiff(s) From KYLE E. SPRECHER AND ASHLEY A. JUMPER, 111 CUMBERLAND DR., CAMP HILL P A 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 111 CUMBERLAND DR., CAMP HILL PA 17011 (SEE LEGAL DESCRIPTOIN) . (2) You are also directed to attach the property ofthe 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 $118,146.32 L.L. $.50 Interest FROM 9/22/05 TO 12/7/05 @ $19.42 PER DIEM = $1,864.32 Atty's Comm % Due Prothy $1.00 Atty Paid $137.20 Plaintiff Paid Other Costs Date: SEPTEMBER 6, 2005 ~~ Prothonotary (Seal) By: 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 PHHMORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, DIB/ A ERA MORTGAGE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION KYLE E. SPRECHER ASHLEY A. JUMPER NO. 05-3734-CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION. D/B/A ERA MORTGAGE, 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 .111 CUMBERLAND DRIVE. CAMP HILL. PA 17011 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KYLE E. SPRECHER 111 CUMBERLAND DRIVE CAMP HILL, P A 17011 ASHLEY A. JUMPER 111 CUMBERLAND DRIVE CAMP HILL, P A 17011 2. Name and address of Defendant(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 III CUMBERLAND DRNE CAMP HILL, PA 17011 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 of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. September 2, 2005 DATE CL~ () r; .A ~~ALU( DANIEL G. SCHMIEG, ESQUIIfE J Attorney for PlaintiffJ o ~~; r-J (:::;'.~, c.::::> <:.f' UJ {-"i~; -~.O I r::J'I U1 C ~-,_.----- - 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 CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 05-3734-CIVIL TERM KYLE E. SPRECHER ASHLEY A. JUMPER 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. c~~ r;;-.// ~1A I iaj' DANIEL G. SCHMIEG, ESQUIRE( Attorney for Plaintiff \ 1--) --; c:' ':=j.\ c:::~ cJ' o~, - - .,.- PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE CUMBERLAND COUNTY No. 05-3734-CIVIL TERM Plaintiff, v. KYLE E. SPRECHER ASHLEY A. JUMPER Defendant(s). September 2, 2005 TO: KYLE E. SPRECHER 111 CUMBERLAND DRIVE CAMP HILL, P A 17011 ASHLEY A. JUMPER 111 CUMBERLAND DRIVE CAMP HILL, P A 17011 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION 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 (real estate) at .111 CUMBERLAND DRIVE. CAMP HILL. PA 17011. is scheduled to be sold at the Sheriffs Sale on DECEMBER 7.2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $118,146.32 obtained by PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs 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 tt 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 ofthe 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, P A 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 -- . --- --.-~~-_. -~- ~ ALL THA T CERTAIN tract or Parcel of land and premises, situate, lying and being in the Township of Lower Allen in the County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows according to a survey of Ernest J. Walker, Professional Engineer, dated September 19, 1968, as follows, to wit: BEGINNING at a point on the westerly side of Cumberland Drive (formerly Avenue "0") (50 feN wide), said point being at a distance 131.96 feet measured South 00 degrees 53 minutes West from a point of curve at the southerly end of curve on the westerly side of Cumberland Drive (formerly Avenue "0") lying opposite Locust Road (formerly Avenue "N") (60 feet wide); thence along the westerly side of Cumberland Drive (formerly Avenue "0") South 00 degrees 53 minutes West 2.73 feet to a point of tangent on the said side of Cumberland Drive (formerly A venue '0'); thence along the arc of a curve deflecting to the right, having a radius of 89.45 feet a distance along the arc of 89.92 feet to a point of curve on said side of Cumberland Drive (formerly Avenue "0"); thence along Lot No. * 199, North 38 degrees 48 minutes West 114.62 feet to a point; thence along Lot No. 141, North 00 degrees 53 minutes East 17.79 feet to a point; thence along Lot No. 121, South 75 degrees 31 minutes 30 seconds East, 118.01 feet to the first mentioned point and place of BEGINNING. ---..... BEING known as Lot NQ:120'ofCumberland Park as recorded in Plan Book 4, Page 95. BEING the same premises which Bruce D. Fleming and Sherry D. Fleming, his wife, by their Deed dated May 14, 1993, and r~. orded on May 19, 1993, in the Office of the Recorder of Deeds in and for / Cumberland County, Pennsylvania, in Deed Book H, Volume 36, Page 209, granted and conveyed unto Robert J. Ohliger and Lori A. Ohliger, his wife, grantors herein. NOTE: *erroneously set forth as Lot No. 199 in prior deed. Being Parcel # 13-24-0797-150 .~, . .\ ~~... TITLE TO SAID PREMISES IS VESTED IN Ie E. Sprecher and ~shley A. Jumper, both single and as 10int Tenants with the Right of Survivorship by Dee rom Robert 1.0hliger and LoriA. Ohliger, husband and wife, dated 5-20-04, recorded 6-3-04 in Deed Book 263, page 1805. BEING: III CUMBERLAND DRIVE, CAMP HILL, PA l7011 <.. ---- -.------- (; r .:-.:, U1 -~ C~; r-' (,:::.:J. (,:...;::~ c..1"1 if' fL=:~; o -n .-1 =C.."~, fi'Ec I C' SHERIFF'S RETURN - REGULAR CASE NO: 2005-03734 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS SPRECHER KYLE E ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon SPRECHER KYLE E the DEFENDANT , at 0017:05 HOURS, on the 28th day of July 2005 at III CUMBERLAND DRIVE CAMP HILL, PA 17011 by handing to KYLE SPRECHER a true and attested copy of NOTICE together with COMPLAINT IN MORTGAGE FORECLOSURE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18,00 11.20 .00 10.00 .00 39.20 ~~~? R. Thomas Kline 07/29/2005 PHELAN, HALLINAN & SCHMIEG me this It/II Sl day of Sworn and Subscribed to before SHERIFF'S RETURN - REGULAR CASE NO: 2005-03734 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS SPRECHER KYLE E ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon JUMPER ASHLEY A the DEFENDANT , at 0017:05 HOURS, on the 28th day of July 2005 at 111 CUMBERLAND DRIVE CAMP HILL, PA 17011 by handing to KYLE SPRECHER a true and attested copy of NOTICE together with COMPLAINT IN MORTGAGE FORECLOSURE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 r~~e R. Thomas Kline 07/29/2005 PHELAN, HALLINAN & SCHMIEG day of Sworn and Subscribed to before By: me this PHH Mortgage Corporation VS Kyle E. Sprecher and Ashley A. Jumper The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-3734 Civil Term CpL Trevor Kent, Deputy Sheriff, who being duly sworn according to law, states that on October 04, 2005 at 6:00 PM, he served a true copy ofthe within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendants, to wit: Kyle E. Sprecher & Ashley A. Jumper, by making known unto Kyle E. Sprecher and Ashley A. Jumper, personally, at 111 Cumberland Drive, Camp Hill, Cumberland County, Pennsylvania, its contents and at the same time handing to them personally the said true and correct copy of the same. 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 Advertising Levy Mileage Surcharge Law Library Prothonotary Share of Bills Law Journal 30.00 5,98 15.00 15.00 13.60 30.00 .50 1.00 20.89 173.00 $304.97 Sworn and subscribed to before me 2005, A.D. ~//~ t R. Thomas Kline, Sheriff -~~ UP Ck. iJ It t! <-- I~. /7bNf r. PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION KYLE E. SPRECHER ASHLEY A. JUMPER NO. 05-3734-CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) PHH MORTGAGE CORPORATION F/KlA CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE, 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 ,111 CUMBERLAND DRIVE, CAMP HILL, P A 17011 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KYLE E. SPRECHER 111 CUMBERLAND DRIVE CAMP HILL, PA 17011 ASHLEY A. JUMPER 111 CUMBERLAND DRIVE CAMP HILL, P A 17011 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 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 III CUMBERLAND DRIVE CAMP HILL, P A ] 70] 1 Domestic Relations of Cumberland County ]3 North Hanover Street Carlisle, PA ]7013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA ]7105 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. September 2, 2005 DATE (; DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff ~ .'. PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE CUMBERLAND COUNTY No, 05-3734-CIVIL TERM Plaintiff, v. KYLE E. SPRECHER ASHLEY A. JUMPER Defendant(s). September 2,2005 TO: KYLE E. SPRECHER 111 CUMBERLAND DRIVE CAMP HILL, P A 17011 ASHLEY A. JUMPER 111 CUMBERLAND DRIVE CAMP HILL, P A 17011 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION 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 (real estate) at .111 CUMBERLAND DRIVE. CAMP HILL. PA 17011. is scheduled to be sold at the Sheriffs Sale on DECEMBER 7.2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $118.146.32 obtained by PHH MORTGAGE CORPORATION F/K1A CENDANT MORTGAGE CORPORATION. D/B/A ERA MORTGAGE (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this 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 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 ALA WYER 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, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 . ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Township of Lower Allen in the County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows according to a survey of Ernest J. Walker, Professional Engineer, dated September 19, 1968, as follows, to wit: BEGINNING at a point on the westerly side of Cumberland Drive (fonncrly Avenue "0") (50 feN wide), said point being at a distance 131.96 feet measured South 00 degrees 53 minutes West from a point of curve at the southerly end of curve on the westerly side of Cumberland Drive (formerly Avenue "0") lying opposite Locust Road (formerly Avenue "N")(60 feet wide); thence along the westerly side of Cumberland Drive (formerly Avenue "0") South 00 degrees 53 minutes West 2.73 feet to a point of tangent on the said side of Cumberland Drive (formerly Avenue '0'); thence along the arc of a curve deflecting to the right, having a radius of 89.45 feet a distance along the arc of 89.92 feet to a point of curve on said side of Cumberland Drive (formerly Avenue "a"); thence along Lot No. · 199, North 38 degrees 48 minutes West l14.62 feet to a point; thence along Lot No. 141, North 00 degrees 53 minutes East 17.79 feet to a point; thence along Lot No. 121, South 75 degrees 31 minutes 30 seconds East, 1\8.0 I feet to the first mentioned point and place of BEGINNING. '---'; BEING known as Lot No: 120'ofCumberland Park as recorded in Plan Book 4, Page 95. BEING the same premises which Bruce D. Fleming and Sherry D. Fleming, his wife, by their Deed dated May 14, 1993, and ~ded on May 19, \993, in the Office of the Recorder of Deeds in and for Cumberland County, PerlQsylvania, in Deed Book H, Volume 36, Page 209, granted and conveyed unto Robert J. Ohliger ana Lori A. Ohliger, his wife, grantors herein. NOTE: 'erroneously set forth as Lot No. 199 in prior deed. Being Parcel # 13-24-0797-150 TITLE TO SAID PREMISES IS VESTED IN ~Ie E. Sprech"-r and ~shley A. JumDer, bot~ single and as Jomt Tenants with the Right of Survivorship by Deed from Robert J.Ohliger and Lori A. Ohliger, husband and wife, dated 5-20-04, recorded 6-3-04 in Deed Book 263, page 1805. ~..., BEING: 111 CUMBERLAND DRIVE. CAMP HILL. PA 17011 ~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 05-3734 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORP, F/K1A CENDANT MORTGAGE CORP., D/B/A ERA MORTGAGE Plaintiff(s) From KYLE E. SPRECHER AND ASHLEY A, JUMPER, 111 CUMBERI"AND DR" CAMP HILL PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 111 CUMBERLAND DR., CAMP HILL P A 17011 (SEE LEGAL DESCRIPTOIN) , (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 hirnlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $118,146.32 L.L. $,50 Interest FROM 9/22/05 TO 1217105 @ $19.42 PER DIEM ~ $1,864.32 Atty's Comm % Due Prothy $1.00 Atty Paid $137,20 Plaintiff Paid Other Costs Date: SEPTEMBER 6, 2005 ~ .~ ~~NG I Prothonotary (Seal) By: 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 Real Estate Sale #53 On September 12,2005 the Sherifflevied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, P A Known and numbered as III Cumberland Drive, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. ,- By:Ja~1 Sw.fiL- Real EstatG SeTgeant I[ate: September 12,2005 0- c- I ',:.,') \.,r'> f0; r-' rPJ c:.;r;J ~ ~ . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 COMMONWEALTH OF PENNSYL VANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz ~A./ /~ o1~Ci.5 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. r '')1 /'\ / . . , . .! /~L l\. - Q" M,ri, Co,"" tit"' S TO AND SUBSCRIBED before me thts /~ day of ~ c2~ ~~~~<t~~ i,,:',}f},~~:ii\~ ::;t.:\) ~ ,:','~ L ~)\j\,;')t:.-'L !'lornrl pl.JtJi!i" ~ ~('W' :-_';:j~ntif!rIc1n(i C('tY,\\, i ";>_,,:,(Ii' (H.' I'-;~~!;'~:n :!. 2f~(~:1 ,~ REAL ESTATE SALE NO. 53 Writ No. 2005.3734 Civil PHH Mortgage Corporation F IKI A Cendant Mortgage Corporation D/B/ A ERA Mortgage VB. Kyle E. Sprecher & Ashley A. Jumper Atty.: Daniel Schmieg ALL THAT CERTAIN tract or Par~ eel of land and premises, situate, lying and being in the Township of Lower Allen in the County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows according to a survey of Ernest J. Walker, Professional Engineer, dated September 19, 1968. as fol~ lows, to w1t: BEING known as Lot No. 120 of Cumberland Park as recorded in Plan Book 4. Page 95. BEING the same premises which Bruce D. Fleming and Sher!}' D. Fleming, his wife, by their Deed dated May 14, 1993, and recorded on May 19. 1993, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book H. Volume 36. Page 209. granted and conveyed unto Robert J. Ohliger and Lori A. Ohliger. his wife, grantors herein. NOTE: "erroneously set forth as Lot No. 199 In prior deed. Being Parcel # 13-24-0797.150. TITLE TO SAID PREMISES IS VESTED IN Kyle E. Sprecher and Ashley A. Jumper both single and as Joint Tenants With the Right of Survivorship by Deed from Robert J. Ohliger and Lori A. Ohliger, hus- band and wife. dated 5-20-04. re- corded 6-3~04 in Deed Book 263. page 1805. BEING: III CUMBERLAND DRIVE, CAMP HILL, PA 17011. BEGINNING at a point on the westerly side of Cumberland Drive (formerly Avenue "0") (50 feet wide), said point being at a distance 131.96 feet measured South 00 degrees 53 minutes West from a point of curve at the southerly end of curve on the westerly side of Cumberland Drive (foonerly Avenue "0") lying opposite Locust Road {for- merly Avenue "N") (60 feet wide): thence along the westerly side of Cumberland Drive (formerly Avenue "0") South 00 degrees 53 minutes West 2.73 feet to a point of tangent on the said side of Cumberland Drive {formerly Avenue '01; thence along the arc of a curve deflecting to fue right. having a radius of89.45 feet a distance along the arc of 89.92 feet to a point of curve on said side of Cumberland Drive (for~ merly Avenue "0"); thence along Lot No. *199, North 38 degrees 48 min- utes West 114.62 feet to a point; thence along Lot No. 141. North 00 degrees 53 minutes East 17.79 feet to a paint; fuence along Lot No. 12]. South 75 degrees 31 minutes 30 seconds East. 118.0] feet to the first mentioned point and place of BEGINNING. I - PHH MORTGAGE CORPORATION F/KfA CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE Plaintiff, No. 05-3734-CIVlL TERM v. KYLE E. SPRECHER ASHLEY A. JUMPER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $118,146.32 Interest from 912/05 to JUNE 7, 2006 (per diem -$19.42) $5,398.76 and Costs TOTAL $123,545.08 Attorney Fees and Costs $3,807.00 tL~J.1i J~ DANIEL G. SCHMIEG, ESQ E One Penn Center at Suburban Station 1617 JohnF. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. ...... ...... 00 r-r- ...... <t<t p..p.. .J.j ~.... 't<'t< p..1, ~<t UU <t <t ~ ~ ,.1,.1 ~.... ..~ o~ ~~ .... ,... %p <d ~.... -.... G ~,... 0) ~~ ~~~ ~... 't;:j ~~ b r:'~ ~a if> p..rF1 '.;:l 0) 7< .... 0 '" s.~<t ~p.. .~ ~~ .J:> ~7< ~Q ~~ 8' '$~ 00 U~ O~ e ~~ OU~ ~~ ~~ ~:g ~~ if> ~~O ;, ~~ ~ ,... '" ~~ 0) GG g. U7< o <t ~ ;. ~~ ~e ~S UO~ p, ~~ '1 ~ ...... 0) ~~~ ~e ...... ~ U aQ ........ ~p ~~~ ~~ ~~ ,(; '7 ~ in s~ ~ if> ~,...E; 0) U ~ ';.~ o~p ~ j ~ ~p ,~ ---.J e~ \:M ~~ p.. ~ '!:.~ p..U U f ., i~ :: ':::- - -? - - - ~ - , - ~ ~ .' "t - - ~ - M , - ::: , - ::t' ~ C ... :; - ...,-.-;. CJ () ,..." <:'6 .....',:) \ \ \ '-.l t" t- .~ \ ~ ::r - ;:';:\0:-1 () 6 t- O C) a 1::"" ....... ......, (j rl () 0- lJl () <l ..j <l 1" 1\ ..... (J u_ , :r C} Vi 0- j :t' Vl () \J) -:. d G -....;. ('(\ () \F) lJ) "1::>t- - ..... ::::r t>'t (\') ( \ ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Township of Lower Allen in the County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows according to a survey of Ernest J. Walker, Professional Engineer, dated September 19, 1968, as follows, to wit: BEGINNING at a point on the westerly side of Cumberland Drive (fonncrly A venue "0") (50 feN wide), said point being at a distance 131.96 feet measured South 00 degrees 53 minutes West from a point of curve at the southerly end of curve on the westerly side of Cumberland Drive (formerly Avenue "0") lying opposite Locust Road (fonnerly Avenue UN") (60 feet wide); thence along the westerly side of Cumberland Drive (formerly Avenue "0") South 00 degrees 53 minutes West 2.73 feet to a point of tangent on the said side of Cumberland Drive (formerly Avenue '0'); thence along the arc of a curve deflecting to the right, having a radius of 89.45 feet a distance along the arc of 89.92 feet to a point of curve on said side of Cumberland Drive (fonnerly Avenue "0"); thence along Lot No. *199, North 38 degrees 48 minutes West 114.62 feet to a point; thence along Lot No. 141, North 00 degrees 53 minutes East 17.79 feet to a point; thence along Lot No. 121, South 75 degrees 31 minutes 30 seconds East, 118.0 I feet to the first mentioned point and place of BEGINNING. .'" BEING known as Lot NQ. 120'ofCumberland Park as recorded in Plan Book 4, Page 95. BEING the same premises which Bruce D. Fleming and Sherry D. Fleming, his wife, by their Deed dated May 14, 1993, and ~~ded on May 19, 1993, in the Office of the Recorder of Deeds in and for Cumberland County, Perilisylvania, in Deed Book H, Volume 36, Page 209, granted and conveyed unto Robert J. Ohliger at)d Lori A. Ohliger, his wife, grantors herein. NOTE: *erroneously set forth as Lot No. 199 in prior deed. Being Parcel # 13-24-0797-150 -\ ~....... TITLE TO SAID PREMISES IS VESTED IN Ie E. Sprecher and Ashley A. Jumper, both single and as Jomt Tenants with the Right of Survivorship by Dee rom Robert J.Ohliger and Lori A. Ohliger, husband and wife, dated 5-20-04, recorded 6-3-04 in Deed Book 263, page 1805. BEING: III CUMBERLAND DRIVE, CAMP HILL, PA 17011 , WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-3734 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and cosls due PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE, Plaintiff (8) From KYLE E. SPRECHER AND ASHLEY A. JUMPER (I) You arc 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 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. Amonnt Due $118,146,32 1.1. Interest FROM 9/2/05 TO 6/7/06 (PER DIEM - $19.42) - $5,398.76 AND COSTS Atty's Corum % Due Prothy $1.00 Atty Paid $454,67 Plaintiff Paid Date: JANUARY 6, 2006 Other Costs $3.807.00 ~ " ~ pro~onot~~1 (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDYBOULEVARD,SUlTE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court 10 No. 62205 f '" PHH MORTGAGE CORPORATION FIKfA CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION KYLE E. SPRECHER ASHLEY A. JUMPER NO. 05-3734-CIVIL TERM Defendant(s). AFFIDA VIr PURSUANT TO RULE 3129 (Affidavit No. I) PHH MORTGAGE CORPORATION F/K/A CENDANr MORTGAGE CORPORATION, D/B/A ERA MORTGAGE, 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 .111 CUMBERLAND DRIVE. CAMP HILL. P A 17011 . 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KYLE E. SPRECHER 111 CUMBERLAND DRIVE CAMP HILL, PA 17011 ASHLEY A. JUMPER 111 CUMBERLAND DRIVE CAMP HILL, PA 17011 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 l' . 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 111 CUMBERLAND DRIVE CAMP HILL, P A 17011 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. Sec. 4904 relating to unsworn falsification to authorities. January 5. 2006 DATE ;P~~JJ2~ DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff .~~) ':-\1 '.") ~7. "{i'\ ..-.-.~ c;~. -:;. -- o PHELAN HALLINAN AND SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BL YD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF PHH MORTGAGE CORPORATION FIK/A CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v, NO. 05-3734-CIVIL TERM KYLE E. SPRECHER ASHLEY A. JUMPER 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. . 1 () /1 aM.J..R.i . ..A~lo'v(j" DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff () -rl ~.- .-{ -,- \-<~~ I C"" c:; ----_..------- PHH MORTGAGE CORPORATION F/KIA CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE CUMBERLAND COUNTY No. 05-3734-C1VIL TERM Plaintiff, v. KYLE E. SPRECHER ASHLEY A. JUMPER Defendant{s). January 5,2006 TO: KYLE E. SPRECHER III CUMBERLAND DRIVE CAMP HILL, P A 17011 ASHLEY A. JUMPER III CUMBERLAND DRIVE CAMP HILL, P A 17011 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR mAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, mIS 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. III CUMBERLAND DRIVE, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on JUNE 7,2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of$Il8,146.32 obtained by PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs 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. f 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. Ifthe 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 maybe 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 Sheriffthe 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 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 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 ..- - - - ------ ALL THAT CERTAIN tract or Parcel ofland and premises, situate, lying and being in the Township of Lower Allen in the County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows according to a survey of Ernest J. Walker, Professional Engineer, dated September 19, 1968, as follows, to wit: BEGINNING at a point on the westerly side of Cumberland Drive (fonnerly Avenue "0") (50 fe~t wide), said point being at a distance 131.96 feet measured South 00 degrees 53 minutes West from a point of curve at the southerly end of curve on the westerly side of Cumberland Drive (formerly A venue "0") lying opposite Locust Road (fonnerly A venue "N") (60 feet wide); thence along the westerly side of Cumberland Drive (formerly Avenue "0") South 00 degrees 53 minutes West 2.73 feet to a point of tangent on the said side of Cumberland Drive (formerly Avenue '0'); thence along the arc of a curve deflecting to the right, having a radius of 89.45 feet a distance along the arc of 89.92 feet to a point of curve on said side of Cumberland Drive (formerly Avenue "0"); thence along Lot No. *199, North 38 degrees 48 minutes West 1\4.62 feet to a point; thence along Lot No. 141, North 00 degrees 53 minutes East 17.79 feet to a point; thence along Lot No. 121, South 75 degrees 31 minutes 30 seconds East, 118.01 feet to the first mentioned point and place of BEGINNING. ~. BEING known as Lot N\>. 120 of Cumberland Park as recorded in Plan Book 4, Page 95. BEING the same premises which Bruce D. Fleming and Sherry D. Fleming, his wife, by their Deed dated May 14, 1993, and ~f'C(irded on May 19, 1993, in the Office of the Recorder of Deeds in and for Cumberland County, Peril/sylvania, in Deed Book H, Volume 36, Page 209, granted and conveyed unto Robert J. Ohliger ana Lori A. Ohliger, his wife, grantors herein. NOTE: *erroneously set forth as Lot No. 199 in prior deed. Being Parcel # 13-24-0797-150 " TITLE TO SAID PREMISES IS VESTED IN Ie E. Sprecher and ~shley A. Jumper, both single \ ~ - and as Joint Tenants with the Right of Survivorship y Dee rom Robert J.Ohliger and Lort A. Ohliger, husband and wife, dated 5-20-04, recorded 6-3-04 in Deed Book 263, page 1805. BEING: HI CUMBERLAND DRIVE. CAMP HILL, PA 170H C") C <-.' C~~~ '::J 'n .-1 -,- ri'j ,~.., t.._ C'\ c~ , AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF PHH MORTGAGE CORPORATION FfKlA CENDANT MORTGAGE CORPORATION, No, 05-3734-CIVIL TERM D/B/A ERA MORTGAGE PMB ACCT. #0027995554 DEFENDANT(S) KYLE E. SPRECHER ASHLEY A. JUMPER Type of Action - Notice of Sheriff's Sale SERVE ASHLEY A.JUMPERAT III CUMBERLAND DRIVE CAMP HILL, PA l701I Sale Date: JUNE 7, 2006 SERVED Served and made known to II <;" h 1.[ 1I f ,200-", at 7;S; ?": o'clockl.'.m., at ...l()i1l'~Y~ , 1/ I C umbe,/c,,"d , Defendant, on the J, Ct.,"'p /,:11 !d fh dayof ,.J"n~4ri ?ft /7 Oil , Commonwealth of Pennsylvania, in the manner described below: Ix' Defendant personally served. Adult family member with whom Defendant(s) residers). Name and Relationship is 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 ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age ?'i-y> Heightf2L Weight~ Race~SexJ.... Other I. '. 1r~-.. -De""') , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice ofSherifrs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. P , ASEAT I Notary Public State of New Jersey PATRICIA E. HARRIS CO~~':~~on Expires JH!ly Jil, 2008 By: ~c.6"'~ & L~ 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED ,200--, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant I" 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. Sehmieg, Esquire - I.D. No. 62205 I lV/ .. AFFIDAVIT OF SERVICE PLAINTIFF PHH MORTGAGE CORPORATION FIKIA CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE CUMBERLAND COUNTY PMB No. 05-3734-CIVIL TERM ACCT. #0027995554 DEFENDANT(S) KYLE E. SPRECHER ASHLEY A. JUMPER Type of Action - Notice of Sheriff's Sale SERVE KYLE E. SPRECHER AT 111 CUMBERLAND DRIVE CAMP lULL, PA 17011 Sale Date: JUNE 7, 2006 Served and made known to Ky I" SERVED .>;, ,- <. 4J~... (- . Defendant, on the C'V 'VI [,R,' !CO, ~ ~ )) v' C.>"'l J) /-Ill I ~ /tf Ilt dayofJtMl/<f' \(20010 / (?4 17() II , Commonwealth 7 'JP" f at - .',) . o'clock ~.m) at III of Pennsylvania, in the manner described below: ~Defendant personally served. Adult family member wiili whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship_ MaoagerlClerk of place of lodging in which Defendant(s) reside(s). ~~Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description; Age.~ Height~ Weight4"'- Race~Sex~ Oilier I, ,1 ~ \'~ E/I;r -----' a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice ofSheritrs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. 1:)'/ .' ~O . .. - By; 1/-.\0'1\.... La t :..q p l~jlJi!C!'MPT SERVICE AT LE S 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. Slale of New Jersey PATRICIA E HARRIS CO:':~on Expires JWJ:9 b~, 2008 NOT SERVED , 200 --J at o'clock _.m., Defendant NOT FOUND hecause: 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 - I,D, No. 62205 L. (0 jL/ I',' , .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHH MORTGAGE CORPORATION FfKfA CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION v. NO. 05-3734 -CIVIL TERM KYLE E. SPRECHER ASHLEY A. JUMPER Defendant(s ). AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, DANIEL G. SCHMIEG, ESQUIRE, attorney for PHH MORTGAGE CORPORATION FfKfA CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE hereby verifies that on JANUARY 6, 2006 true and correct copies of the Notice of Sheriff's Sale were served by certificate of mailing to the recorded lienholder(s) and any known interested party. ~AN J. ~ L G, SCHMIEG, ESQ Attorney for Plaintiff Date: JULY 26, 2006 IMPORT ANT NOTICE: This property Is sold at the direction of the plaintiff. It mav not be sold in the absence of a renresentative of the nlaintiff at the Sherlfrs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. I' " ...., t"" n - - - '" ... <>.> N - S. - - - '" 00 ..., '" " . Z '" ... <>.> N - 0 it ~ "'0 ~~ fi' W ~ CD z c 3 0- eD ... ;J I t:I z n ~ . 0 2 n ~ ~ '" ~ t" en ~ ~ ~ ~ " o 0 en g ! ~~ '" O:J:! 1il ~ 1il Jl ~~ ~ '" ~ ~ i 5J . = Sil ~ . 'l - ~ - Sil 0 ~ - ~ if Q ~ ~ ~ is " ~ i !.!f ~ j ~ if 1 t:I 0 t:I ~ 8 ~ .~ ~ .~ ~. ~ ~ - <>.> ~Ui~ ~ 0 6 '" ~ ~ ~"8 8' ~Iih '" ~ > ~ rn ;;g g. - ~ ....0::1 cl aT's'" - " .8 ~ ~ - '" ~ ~ ~ Ii 0 ~.~. '!l.. tl:l iil"Uj ~ en .~ ",Jail N g:;;~p 21 a~~,,~ .'" ll~81H i ~ ~ I '" g. a '-!l 'e. a 8- tl:l p; ~ .' f .~ if[ '" =- Q.I" > . ~'g '" - h~;; -0 > 0 !;.ia~. - - <>.> "'""H ..., .g 8 - 0 g'$1 iI '" ii .. i~8~ iglil 1168 . il =1 *'H p.~~ . . 2 I---=- ~. J:: ::J ~ Ri8 ~ 02 1A $ r~ :: 8.. : 0004309825 J ~ l'" MAILED FROM ZIP ~Iil''g.~ [ ~ if I I I I I I I I I II o>z "~!l rJl~Cl .. .. .. = lJl '" ~"'= ~ ~ "l:I-~"l:I [~<>iil .,...."l:It"" /i".....!l> -trg.SZ Er."'l()~ !". 9 "l:I~" >~"lt"" iO(De;Z; -C.CIl> 8'< g. z .!...lS'~~ OO"d"' --'" ... <> :s "'~rJlCll ~F-!.~O ::gCll::l ... S. CP; 9 ~- t"" ... . o t"" t"J 0 . ~ ~ i _.--- AN 06 2006 CODE 19103 / '" ,,-, t-"~ ,~..... -n .-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 6th day of Sept A.D., 2006, under and by virtue of a writ Execution issued on the 6th day of J an, A.D., 2006, out ofthe Court of Common Pleas of said County as of Civil Term, 2005 Number 3734, at the suit ofPHH Mtg Corp et al against K vIe E Sprecher & Ashlev A Jumper is duly recorded in Deed Book No. 276, Page 3755. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ;; ;$ day of Recorder of Deeds . , . Phh Mortgage Corporation f/k/a Cendant Mortgage Corporation d/b/a Era Mortgage VS Kyle E. Sprecher and Ashley A. Jumper The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-3734 Civil Cpl. Richard E Smith, Deputy Sheriff, who being duly sworn according to law, states that on March 15,2006 at 10:49 o'clock AM, he 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 defendants, to wit: Kyle E. Sprecher and Ashley A. Jumper, by making known unto Kyle Sprecher, personally and husband of Ashley Jumper, at 111 Cumberland Drive, Camp Hill, Cumberland County, Pennsylvania, its contents and at the same time handing to him the said true and correct copy of the same. Jessica Hermansen, Deputy Sheriff, who being duly sworn according to law, states that on April 07, 2006 at 3:26 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 Kyle E. Sprecher and Ashley A. Jumper located at 111 Cumberland Drive, Camp Hill, 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: Kyle E. Sprecher and Ashley A. Jumper by regular mail to their last known address of 111 Cumberland Drive, Camp Hill, PAl 7011. 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 September 06, 2006 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg for Fannie Mae. It being the best and highest bid, Fannie Mae, of 1900 Market Street, Suite 800, Philadelphia, PA 19103, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,122.29. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy $30.00 21.61 15.00 15.00 30.00 10.00 .50 1.00 22.88 1.83 15.00 Surcharge Law Journal Patriot News Postpone Sale Share of Bills Distribution of Proceeds Sheriffs Deed 30.00 497.00 328.40 20.00 19.57 25.00 39.50 $ 1,122.29 / IO/D~/(J(, Q- ;~~ R. Thomas Kline, Sheriff BY~D~S~ Real Estate Se geant ~v- ,cD ) 3D- ~ J'5C{tf') \. ~ f2u- ) f 3 90A- .' PHH MORTGAGE CORPORATION FIKIA CENDANT MORTGAGE CORPORATI~, D/B/A ERA MORTGAGE . CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION KYLE E. SPRECHER ASHLEY A. JUMPER NO. 05-3734-CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) PHH MORTGAGE CORPORATION FIKJA CENDANT MORTGAGE CORPORATION. D/B/A ERA MORTGAGE, 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 .111 CUMBERLAND DRIVE. CAMP HILL. P A 17011 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KYLE E. SPRECHER 111 CUMBERLAND DRIVE CAMP HILL, P A 17011 ASHLEY A. JUMPER 111 CUMBERLAND DRIVE CAMP HILL, P A 17011 2. Name and address of Defendant(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 hold~t 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 111 CUMBERLAND DRIVE CAMP HILL, P A 17011 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 5.2006 DATE tJ~Jf~~ DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff . , ,', ... . PHIl MORTGAGE CORPORATION FIK/A CENDANT MORTGAGE CORPORATI~. D/B/A ~ ERA MORTGAGE CUMBERLAND COUNTY .. COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION KYLE E. SPRECHER ASHLEY A. JUMPER NO. 05-3734-CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) PHH MORTGAGE CORPORATION FIK/A CENDANT MORTGAGE CORPORATION. D/B/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 .111 CUMBERLAND DRIVE. CAMP HILL. P A 17011 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KYLE E. SPRECHER 111 CUMBERLAND DRIVE CAMP HILL, P A 17011 ASHLEY A. JUMPER 111 CUMBERLAND DRIVE CAMP HILL, P A 17011 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 hol~J: 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 111 CUMBERLAND DRIVE CAMP HILL, PA 17011 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 5. 2006 DATE tJ~JfJ~ DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA)" . COUNTY OF CUMBERLAND) NO 05-3734 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION F/K1A CENDANT MORTGAGE CORPORATION, D/B/A ERA MORTGAGE, Plaintiff (s) From KYLE E. SPRECHER AND ASHLEY A. JUMPER (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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $118,146.32 L.L. Interest FROM 912/05 TO 6/7/06 (PER DIEM - $19.42) - $5,398.76 AND COSTS Atty's Corom % Due Prothy $1.00 Atty Paid $454.67 Plaintiff Paid Date: JANUARY 6, 2006 Other Costs $3,807.00 (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 Real Estate Sale # 37 On February 14,2006 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, P A Known and numbered as 111 Cumberland Drive, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 14, 2006 By: 'J c ~\ VV\.Gt~ Real Estate Sergeant Ol :b 'V 81 NVr qOOl Vd 'AINOO:) GN'QI '1~38wn3 .::I:l1~3HS 3Hl .:10331.:1.:10 ~ ..."--"'\ .~ ~ c.:'::::J r.....~ . ,".>.:>. \'::..j \~ v:tra I " THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Coromonwealth 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 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 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 #37 NOT PUBLIC My commission expires June 6, 2006 f ... CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA 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: J\priI7,14,21,2006 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 SUBSCRIBED before me this 21 day of April, 2006 ~~'f"tf~~~""~ ? ; :d_,,,L ~ 1 ('.-.. i~ REAL ESTATE SALE NO. 37 Writ No. 2005-3734 Civil PHH Mortgage Corporation f/k/ a Cendant Mortgage Corporation d/b/a Era Mortgage vs. Kyle E. Sprecher and Ashley A. Jumper Atty.: Daniel Schmieg ALL THAT CERTAIN tract or Par- cel of land and premises. situate, lying and being in the Township of Lower Allen in the County of Cumberland and Commonwealth ot Pennsylvania. more particularly bounded and described as follows according to a survey of Ernest J. Walker, Professional Engineer. dated September 19, 1968, as fol- lows, to wit: BEGINNING at a point on the westerly side of Cumberland Drive (formerly Avenue ~O~) (50 feet wide). said point being at a distance 131.96 feet measured South 00 degrees 53 minutes West from a point of curve at the southerly end of curve on the westerly side of Cumberland Drive (formerly Avenue ~O~) lying opposite Locust Road (for- merly Avenue ~W) (60 feet wide); thence along the westerly side of Cumberland Drtve (formerly Avenue ~O~) South 00 degrees 53 minutes West 2.73 feet to a point of tangent on the said side of Cumberland Drive (formerly Avenue '0'); thence along the arc of a curve deflecting to the right. having a radius of 89.45 feet a distance along the arc of 89.92 feet to a point of curve on said side of Cumberland Drive (for- merly Avenue ~O~); thence along Lot No. .. 199. North 38 degrees 48 minutes West 114.62 feet to a point; thence along Lot No. 141, North 00 degrees 53 minutes East 17.79 feet to a point; thence along Lot No. 121. South 75 degrees 31 minutes 30 seconds East. 118.01 feet to the first mentioned point and place of BEGINNING. BEING known as Lot No, 120 of Cumberland Park as recorded in Plan Book 4. Page 95. BEING the same premises which Bruce D. Fleming and Sherry D. Fleming. his wife. by their Deed dated May 14, 1993. and recorded on May 19. 1993. in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. in Deed Book H. Volume 36, Page 209. granted and conveyed unto Robert J. Ohliger and Lori A. Ohliger. his w1fe. grantors herein. NOTE: "erroneously set forth as Lot No. 199 in prior deed. Being Parcel # 13-24-0797-150 TITLE TO SAID PREMISES IS VESTED IN Kyle E, Sprecher and Ashley A. Jumper. both single and as Joint Tenants with the Right of Survivorship by Deed from Robert J. Ohliger and Lori A. Ohliger, hus- band and w1fe, dated 5-20-04. re- corded 6-3-04 in Deed Book 263. page 1805. O]:;,Tl\T~. 111 r"TT1\A"P'V'DT Al\U-....