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HomeMy WebLinkAbout05-4833 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 m 563-7000 PHH MORTGAGE CORPORATION, F/KIA CENDANT MORTGAGE CORPORATION 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION P1ainliff TERM NO. D~ -1.f~.33 Cl~'LL ~82...01 v. CUMBERLAND COUNTY TRACEY L. MUNDIS JEFFREY S. MUNDIS 32 NORTH ENOLA DRIVE ENOLA, P A 17025 Defendanls CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish 10 defend againsl Ihe claims set forth in Ihe following pages. yon must lake aclion within Iwenly (20) days after Ihis complainl and nolice are served, by entulllg a written appearance personally or by attorney and filing in wriling wilh Ihe court your defenses or objections 10 Ihe claims set forth against you. You are warned that if you fail 10 do so Ihe case may proceed wilhoul you and a judgmenl may be enlered againsl you by the court withoul further nolice for any money claimed in the complainl or for any olher claim or relief requesled by Ihe plainliff. You may lose money or property or other righls importanl 10 you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-9108 File it: ] 22699 File #: 122699 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 HA VE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plainliff is PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and lasl known address(es) oflhe Defendant(s) are: TRACEY L. MUNDIS JEFFREY S. MUNDIS 32 NORTII ENOLA DRNE ENOLA, PA 17025 who is/are Ihe mortgagor(s) and real owner(s) oflhe property hereinafter described. 3. On 05/07/2001 mortgagor( s) made, execuled and delivered a mortgage upon Ihe premises hereinafter described 10 CENDANT MORTGAGE CORPORATION, D/B/A, CENTURY 21 ST MORTGAGE which mortgage is recorded in Ihe Office oflhe Recorder of CUMBERLAND County, in Mortgage Book No. ] 702, Page: 776. By Assignmenl of Mortgage recorded 08,23/2001 Ihe mortgage was Assigned To PLAINTIFF which Assignmenl is recorded in Mortgage Book No. 680, Page 2497. 4. The premises subjecI 10 said mortgage is described as attached. 5. The mortgage is in default because monlhly paymenls of principal and inleresl upon said mortgage due 05/01/2005 and each monlh Ihereafter are due and unpaid, and by Ihe lerms of said mortgage, upon failure of mortgagor 10 make such paymenls after a date specified by written ", ,tce senl to Mortgagor, Ihe enlire principal balance and all interesl due Ihereon are collectible Jt)rihwith. File #: 122699 6. The following amounls are due on Ihe mortgage: Principal Balance Interesl 04/01/2005 Ihrough 09/15/2005 (Per Diem $14.92) Attorney's Fees Cumulative Lale Charges 05/0712001 to 0911 5/2005 Cosl of Suit and Title Search Sublolal $74,102.65 2,506.56 1,250.00 82.68 $ 550.00 $ 78,491.89 Escrow Credit Deficil Subtolal 0.00 610.70 $ 610.70 TOTAL $ 79,102.59 7. The attorney's fees sel forth above are in conformity wilh Ihe mortgage docurnenls and Pennsylvania law, and will be collecled in Ihe evenl of a third party purchaser al Sheriffs Sale. If Ihe Mortgage is reinslaled prior 10 the Sale, reasonable attorney's fees will be charged. 8. This aclion does nol come under Acl 6 of 1974 because Ihe original mortgage arnounl exceeds $50,000. 9. This aclion does nol come under Acl 91 of 1983 because Ihe mortgage is FHA-insured. WllEREFORE, PLAINTIFF demands an in rem Judgmenl againsl Ihe Defendanl(s) in Ihe sum of$ 79,102.59, logelher wilh interesl from 09115/2005 al Ihe rate of $14.92 per diem 10 Ihe dale ofJudgmenl, and othcr cosls and charges colleclible under Ihe mortgage and for the foreclosure and sale oflhe mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By /sZ:;;;s~d~ LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plainliff File#: 122699 LEGAL DESCRIPTION ALL THAT CERTAIN 101 of ground siluale in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING al a poinl on Ihe easlerly side of North Enola Drive, formerly Brick Church Road, al a dislance of 205 feel measured soulhwardly along the easlerly side of North Enola Drive from Ihe projeclion of the soulhem line of Perry Slreel; thence North 79 degrees 40 minules Easl, a dislance of 115 feet 10 a nail in Ihe fence posl; Ihence Soulh 10 degrees 20 minules Easl, a dislance of 25 feel 10 a fence posl; Ihence Soulh 79 degrees 40 minules West on a line running Ihrough Ihe cenlre of a partilion wall of the double frame dwelling house erected in part on said lot a distance of 115 feel 10 a poinl on Ihe easlerly side of North Enola Drive; Ihence along the easlern side of North Enola Drive, North 10 degrees 20 minules Wesl, a dislance of25 feel more or less 10 a poinl, Ihe place of BEGINNING. HAVING THEREON ERECTED Ihe northern one-half of a Iwo and one-half slory frame dwelling known as No. 32 North Enola Drive, Enola, Pennsylvania. BEING the same premises which Kelly A. McCarty, el a!., by deed dated June 30, 1998, and recorded in Ihe Office oflhe Recorder of Deeds in and for Cumberland Counly, Pennsylvania, in Deed Book 181, Page 110, granled and conveyed unto Michelle D. Thompson Ernesl P. Thompson, the husband of Michelle D. Thompson, joins in Ims deed for Ihe purpose of releasing and conveying any inlerest he may have in Ihe within described property by virtue of his maniage of Michelle D. Thompson. PROPERTY BEING: 32 NORTH ENOLA DRIVE File #: 122699 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. c. S. Sec. 4904 relating to unsworn falsifications to authorities. ~S:.l~L\ Francis S. Hallinan, Esquire Attorney for Plaintiff DATE:~ Isj OS -. ,',.-~'.. - ,-.?_-',-.-.'.,. - -... - n_n_.__.____....._....__..,....._. '. -.~.. .. ~. _'_'_,u". .-,_ -. .". ...__.____U_h._.~._. ... ".--.'.-J-. ~ 8 N \ ~ .... ~ (") "'" "'" ~ c <-'" :I! ;e;:. </> ""t}\'1; 1"'1 rnfa U\ q;C;i -c i3t3 ~ C> 1:/ - so ,- 0" ""- en ~ -< :c:1l ~ ,---. -0 "'0 tv J::() :To ~?~ ~ t; r;~' () C) ~? ,-".{ ......"C'- ?O ~ E ~ '-'> :..:; \D r SHERIFF'S RETURN - REGULAR CASE NO: 2005-04833 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION ET AL VS MUNDIS TRACEY L ET AL CPL TREVOR KENT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MUNDIS TRACEY L the DEFENDANT , at 1850:00 HOURS, on the 4th day of October ,2005 at 162 SOUTH ENOLA DRIVE ENOLA, PA 17025 by handing to TRACEY MUNDIS a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 28.80 .00 10.00 .00 56.80 -':.:fi"'<Cf,r-(::; ~(. ..'. , .t:/~ "...,,~ ~:~~; ...-......~ R. Thomas Kline 10/05/2005 PHELAN HALLINAN SCHMIEG me this ,JiJ e- day of By: ~~ ~ Deputy Sheriff Sworn and Subscribed to before d(0) A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2005-04833 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION ET AL VS MUNDIS TRACEY L ET AL CPL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MUNDIS JEFFREY S the DEFENDANT at 1040:00 HOURS, on the 3rd day of October ,2005 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to JEFFREY S MUNDIS a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: '(2 ,:-,,/ ~ .d~ ~,,'>' ,c./ .r //.c~,.>" /"""""'-~ ,,/~ , /<~'.~:;;''''''~-I-~ 6.00 .00 .00 10.00 .00 16.00 R. Thomas Kline me this !9 ,),.0 day of 10/05/2005 PHELAN HALLINAN SCHMIEG ~Q "bJ~1 By: Sworn and Subscribed to before OJ.....k ;) ('7l::) A. D. ~ (' Pr()t:~ ary, ( , PHELAN HALLINAN & SCHMIEG, LLP LA WRENCE 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/K/A CENDANT MORTGAGE CORPORA TION Plaintiff vs. TRACEY L. MUNDIS JEFFREY S. MUNDIS Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County No. 05-4833 CIVIL TE PRAECIPE TO REINSTATE CIVIL ACTIONIMORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: November 3.2005 /vjh, Svc Dept. File# 122699 PHELAN HALLINAN & SCHMIEG, LLP BY:~ An~c>,,- 9,1.--\cLC b-J.~~ FRANCIS S. HALLINAN, ESQUIRE LA WRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff .--' r.:? .:;,? ,:,T' - -c-~ -~ \ -' ~ ..-\ -~-n f\~-r> In -0..-. .:.9.....( '.;fS;\ :{~~r;A ~ -c ::r: <..,2 - cP -~ -- - SHERIFF'S RETURN - REGULAR CASE NO: 2005-04833 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION ET AL VS MUNDIS TRACEY L ET AL SGT DAVID ZEIGLER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MUNDIS JEFFREY S the DEFENDANT , at 1058:00 HOURS, on the lOth day of November, 2005 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to JEFFREY MUNDIS a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 14.40 .00 10.00 .00 30.40 / '<~.,r -t R. Thomas Kline 11/14/2005 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before By: me this .2i,u- day of nw.tl~ AD Pro 0 ary . SHERIFF'S RETURN - REGULAR CASE NO: 2005-04833 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION ET AL VS MUNDIS TRACEY L ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MUNDIS TRACEY L the DEFENDANT at 1000:00 HOURS, on the 9th day of November, 2005 at 162 SOUTH ENOLA DRIVE ENOLA, PA 17025 by handing to MICHAEL OTERO, FRIEND, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 14.40 .00 10.00 .00 42.40 .j>>?~:~:";"':,::' R. Thomas Kline "" "~~~:'~,-::~~~;:~~ me thi s oil...\' day of 11 / 14 / 2005 PHELAN HALLINAN SCHMIEG ~,A=r~~~ Deputy Sheriff Sworn and Subscribed to before ~~^D ~~'"ry. . PRAECIPE FOR WRIT OF EXECUTION.. (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff, v. No. 05..4833 CIVIL TERM TRACEY L. MUNDIS JEFFREY S. MUNDIS Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $80,579.67 Interest from 12/23/05 to JUNE 07, 2006 (per diem -$13.25) $2,212.75 and Costs TOTAL $82,792.42 ~~ DANIEL G. SCHMIEG, ES One Penn Center at Suburb a tion 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sa.le must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. < "".... o~ ~~ ...?' ~CI'l ZZ o~ '$ ~. ~~ UZ ~~ Ou ~~ ~~ ~~ ~~ ~';l u ~; 0 J-::: .. .... UJ~ . ~'~.:r. .. Cj~-: 6r:: Wl~,__ ex: UJ -'-- 1-- "_ C'l <z gg i:S 00 S% OU ~Hs 0< uc ...~ ~o c'$ ~.... o~ '$~ s~ ~u ,;, .. ~s ~z ;;li '$, '00 ........ B~ ~t: ....~ ~ .... ~ u ...~ ';l< .. ... a ",,3 o ~ .... .. ~~ ~~ ,,~ go ...'6 ~ u 1 ~ :-;::: ~ ~ :: ~ '" ~ ~ 0') (1pq - ~ ~ :: l - '" :: '" - :<;~ 1;; .:: ':; oo:;U;: --, rEJ ::: I ~ I I c--:--) Ci () c.::;;;; 0 () () (.....~ -5 I C lI\ 0 It) () () (j () J" r- () ~ .Q T 0 \1\ c- rt <:'( \..0 ~ ~ nc V) <1. =i ~ --. - ~ \:::: .~ '8 - . Po< '""' <B i - ~ on on .-..-. ~~ t-t- ........ << ~~ .;; , ....< O'S ~~ ~~ ~... p% << 'S8 Zz ...... :X::x: ~~ 00 CI'lz MM ~'" .J ~-I. a Cl c l'1 -~ ~ u; if> " .l5 ~ .,j " ~ if> " P ~ S if> ~ g. p. " ~ .=; ~ 1 A -I-- ';::J /" '" ------ "- t: ::r-- 'I ~ %- , :t-- ~ c: ~ - ~ "1- pi u \ . ALL THAT CERTAIN lot of ground situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the easterly side of North Enola Drive, formerly Brick Church Road, at a distance of 205 feet measured southwardly along the easterly side of North Enola Drive from the projection of the southern line of Perry Street; thence North 79 degrees 40 minutes East, a distance of 115 feet to a nail in the fence post; thence South 10 degrees 20 minutes East, a distance of 25 feet to a fence post; thence South 79 degrees 40 minutes West on a line running through the centre of a partition wall of the double frame dwelling house erected in part on said lot a distance of 115 feet to a point on the easterly side of North Enola Drive; thence along the eastern side of North Enola Drive, North 10 degrees 20 minutes West, a distance of 25 feet more or less to a point, the place of BEGINNING. HAVING THEREON ERECTED the northern one-half of a two and one-half story frame dwelling known as No. 32 North Enola Drive, Enola, Pennsylvania. Being Parcel # 09-14-0832-325 TITLE TO SAID PREMISES IS VESTED IN Jeffrey S. Mundis and Tracey L. Mundis, husband and wife, by Deed from Michelle D. Thompson and Ernest P. Thompson, wife and husband, elated 5-7-01, recorded 5-8-01 in Deed Book 244, page 348. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY Of CUMBERLAND) NO 05-4833 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION, F/K/A CENDAJ\'T MORTGAGE CORPORATION, Plaintiff (s) From TRACEY L. MUNDIS AND JEFFREY S. MUNDIS (I) You are directed to levy upon the property of the defendant (s)and to selll SEE LEGAL DESCRIPTION. (2) You arc also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISIlEE(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) 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 helshe has been added as a garnishee and is enjoined as above stated. Amount DlIe $80,579.67 L.L. $.50 Interest FROM 12/23/05 TO 617106 (PER DIEM - $13.25) - $2,212.75 AND COSTS Arty's Comm % Due Prothy $1.00 Atty Paid 5227.60 Plaintiff Paid Other Costs Date: JAI"UARY 3, 2006 -f! ~~. tlh ( othonotary //jd.,. ~ By: (Seal) Deputy REQUEST1;\G PARTY: Name DA:"'<IEL G. SCHMIEG, ESQUIRE Address: O:"'<E PENN CEI"TER AT SUBURBAN STATION ] 617 JOHN F. KENNEDY BOULEV AnD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF l' elephont: 215-563-7000 Supreme Cumt ID No. 62205 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION CUMBERLAND COUNTY cornn OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION TRACEY L. MUNDIS JEFFREY S. MUNDIS NO. 05-4833 CIVIL TERM Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage () non-owner occupied () vacant o Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~..:J DANIEL G. SCHMIEG, E IRE Attorney for Plaintiff " (') c. C::., ", ~ :) ":';"", o -I1 ::;:! i'n,::n , -,,~;{~,; <-. :'=~. ~.: I c....., ..... PHH MORTGAGE CORPORATION, F/KJA CENDANT MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION TRACEY L. MUNDIS JEFFREY S. MUNDIS NO. 05-4833 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) PHH MORTGAGE CORPORATION. F/K/A CENDANT MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following intlmnation concerning the real property located at .32 NORTH ENOLA DRIVE. ENOLA. P A 17025 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TRACEY L. MUNDIS 162 SOUTH ENOLA DRIVE ENOLA, PA 17025 JEFFREY S. MUNDIS 32 NORTH ENOLA DRIVE ENOLA, PA 17025 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BOSCOV'S DEPARTMENT STORE INCORPORATED P.O. BOX 4274 READING, PA 19606 ,... 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 li(:n 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 asceltained, 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 asceltained, please indicate) Tenant/Occupant 32 NORTH ENOLA DRNE ENOLA, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 171 05 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. December 22. 2005 DATE b-. ~l~ DANIEL G. SCHMIEG, E Attorney for Plaintiff E () r--' C) 0' ( t.,:.,? -T\ ..y~ .-:' ~-:- r,~\ ..."~ \ <--' - -- .. C:...") .. PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY No. 05-4833 CIVIL TERM v. TRACEY L. MUNDIS JEFFREY S. MUNDIS Defendant(s). December 22, 2005 TO: TRACEY L. MUNDIS 162 SOUTH ENOLA DRIVE ENOLA, PA 17025 JEFF'REY S. MUNDIS 32 NORTH ENOLA DRIVE ENOLA, PA 17025 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at, 32 NORTH ENOLA DRIVE:, ENOLA, PA 17025, 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, P A 17013, to enforce the court judgment of $80,579.67 obtained by PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) .- , YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE nACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563- 7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the She:riff, you will remain the owner of the property as if the sale never happened. 5. You have the Tight 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 Sheriffwithin 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 Tights 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 TELl8:PHONE 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 A VENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 ... ALL THAT CERTAIN lot of ground situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as foilows, to wit: BEGINNING at a point on the easterly side of North Enola Drive, formerly Brick Church Road, at a distance of 205 feet measured southwardly along the easterly side of North Enola Drive from the projection of the southern line of Perry Street; thence North 79 degrees 40 minutes East, a distance of 115 feet to a nail in the fence post; thence South 10 degrees 20 minutes East, a distance of 25 feet to a fence post; thence South 79 degrees 40 minutes West on a line running through the centre of a partition wail of the double frame dwelling house erected in part on said lot a distance of 115 feet to a point on the easterly side of North Enola Drive; thence along the eastern side of North Enola Drive, North 10 degrees 20 minutes West, a distance of 25 feet more or less to a point. the place of BEGINNING. HAVING THEREON ERECTED the northern one-half of a two and one.half story frame dwelling known as No. 32 North Enola Drive, Enola, Pennsylvania. Being Parcel # 09-14-0832-325 TITLE TO SAID PREMISES IS VESTED IN Jeffrey S. Mundis and Tracey L. Mundis, husband and wife, by Deed from Micheile D. Thompson and Ernest P. Thompson, wife and husband, dated 5-7-01, recorded 5-8-01 in Deed Book 244, page 348. ,-- r-,' c:'; () .1 :? '""" -,,,,. "'.-:<- I W {=:) -.----- PHELAN HALLINAN & SCHMIEG, L.L.P. .. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN ST AnON 1617 JOHN F. KENNEDY BLVD., SIDTE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-4833 CIVIL TERM TRACEY L. MUNDIS JEFFREY S. MUNDIS 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 TRACEY L. MUNDIS and JEFFREY S. MUNDIS, 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 09/16/05 to 12/23/05 TOTAL $79,102.59 $ 1.471.08 $80,579.67 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, IRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. I DATE:V.r:c:: ;),"/ :ux::>S < I PRO ROTHY 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 (? 11) 1h1-7000 PHH MORTGAGE CORPORATION, F/KJA CENDANT : COURT OF COMMON PLEAS MORTGAGE CORPORATION Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY TRACEY L. MUNDIS : NO. 05-4833 CIVIL TERM JEFFREY S. MUNDIS Defendants TO: TRACEY L. MUNDIS 162 SOUTH ENOLA DRIVE ENOLA, PA 17025 DATE OF NOTICE: DFCFMRRR 1 2nO~ 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 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 LA WYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOClA TION 32 SOUTH BEDFORD STREET CARLISLE, P A 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., ld. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (71)) )n1-7000 PHH MORTGAGE CORPORATION, FIKIA CENDANT : COURT OF COMMON PLEAS MORTGAGE CORPORATION Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY TRACEY L. MUNDIS : NO. 05-4833 CIVIL TERM JEFFREY S. MUNDIS Defendants TO: JEFFREY S. MUNDIS 32 NORTH ENOLA DRIVE ENOLA, PA 17025 DATE OF NOTICE: OFCFMRFR 1 200~ 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 FRANCIS S. HALLINAN, ESQUIRE Attorneys 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 CENDANT MORTGAGE CORPORATION 3000 LEADENHALL ROAD CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-4833 CIVIL TERM TRACEY L. MUNDIS JEFFREY S. MUNDIS 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 ofthe 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 TRACEY L. MUNDIS is over 18 years of age and resides at 162 SOUTH ENOLA DRIVE, ENOLA, P A 17025 . ( c) that defendant JEFFREY S. MUNDIS is over 18 years of age, and resides at 32 NORTH ENOLA DRIVE, ENOLA, PA 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ES Attorney for Plaintiff (:) ..u:). ~l( ~ -() \} r-' 0 C) c::;> -;1 c.? .2:: C> <::, ('t'\ .-cI CJ """'1_-;"'\ r - ~ r'n rnr~ ...:t ~ C'"l --n r-r1 - ~LJ\..! ~ \) ~ N , , .....l -llj~ j ~ "'0 (~ ...., :':-,:2t~~) -- \IS / - <,,-en (...l "-:'? __I -1."'" E -----.l.. N ':2: (.)\ ----- . ... (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 CORPORATION 3000 LEADENHALL ROAD CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-4833 CIVIL TERM TRACEY L. MUNDIS JEFFREY S. MUNDIS Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on D f'I .J 7 2005. . By: {l~ If you have any questions concerning this matter, please contact: ~ DANIEL G. SCHMIEG, ES 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 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." . AFFIDAVIT OF SERVICE . \00-00 CUMBERLAND COUNTY INJD PI.AINTIFF PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION No. 05-4833 CIVIL TERM DEFENDANT(S) TRACEY L. MUNDIS JEFFREY S. MUNDIS ACCT. #0015092489 SERVE TRACEY L. MUNDIS AT 162 SOUTH ENOLA DRIVE ENOLA, PA 17025 Type of Action - Nntice nf Sheriff's Sale Sale Date: JUNE 07, 2006 atZe,(,;' , o'clock E..m., at -J 1/~.1 ( ev ( lIo;J SERVED ;11,e~J5 S, Eh,') I", JJ, . Defendant, on the I iJ -\ r.- [ndl.. r.~ day of ,_~, n vf "} 200& Served and made known to , Corrunonwealth of Pennsylvania, in the manner described below: _lL-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. ~__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. C* '".-:~ o -11 ::r1 II""; ..:1 Other: OJ Description: Ag~ \ ('I' -' CJ . I, ___J ~ S"'~-.' .. 0 I, s' , a competent adult, being duly sworn according to law, depose and state that I per..sJlnally h.anded ;.~ a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on t~date ~)9 at :< the address indicated above. Height ~ Weightfl1L Race ..Jd.. Sex L- Other NOT SERVED On the day of ,200_, at o' clock _.m_, Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1" Attempt: 1 Time: 2nd Attempt: 1 1 Time: 3rd Attempt: 1 Time:_._ Sworn to and subscribed before me this ~ day of , 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire -I.D. No. 62205 ...~~ I 3 :1': C':) p-..:.' c AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF PHHMORTGAGE CORPORATION, FIKIA CENDANT MORTGAGE CORPORATION No. 05-4833 CIVIL TERM DEFENDANT(S) ACCT. #0015092489 TRACEY L. MUNDIS JEFFREY S. MUNDIS SERVE JEFFREY S. MUNDIS AT 32 NORTH ENOLA DRIVE ENOLA, PA 17025 Type of Action - Notice of Sherifrs Sale Sale Date: JUNE 07, 2006 SERVED Served and made known to . \<,~L / t J I.'t')"",j' 'i ,200(pt >i': '") . o'cl<x;k e.m., at 3;/ /J. EN()L,~ DR. / t! -1-0 day of , j...........""'/ , Defendant, on the ~"'OLA Pfl, 170Q:) , Commonwealth ofPelU1Sylvania, in the manner described below: u " 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. Manager/Clerk 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: AgeiLtL Weight~ Race~Sex~ Other Height~ I, --_J_"'\. s-,....'^- fl J; (" ~,a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the marmer as set forth herein, issued in the captioned case on the date and at the address indicated above. to and subscr~ re me1 IS -e...f~ / ,20GY..Qb / / - & c-; ~. 'Nota : - - ~ ~ ~~y' v CJ:Jv ~ (f!. !2..-'., >'_ ,.1tL ~~E A'.b'J);MPT SERVICE AT LEA 3 TIMES. INDICATE DATES & TIMES OF SERVICE ~~n~;,rJ/_', L.. "~/~Ij~;~rs ATTEMPTED. COmmiOs;on Exp,res June 16, 2008 NOT SERVED On the day of ,200_. at o'clock ~.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant I" Attempt: 2nd Attempt: 1 I Time: 1 1 Time: 3rd Attempt: 1 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 /"7 ) .J '60.60 INJD IV( c::. r'.) c)'''. ... SALE DATE: JUNE 7.2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PHH MORTGAGE CORPORATION, FIK/A CENDANT MORTGAGE CORPORATION No.: 05-4833 CIVIL TERM vs. TRACEY L. MUNDIS JEFFREY S. MUNDIS 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: 32 NORTH ENOLA DRIVE. ENOLA. PA 17025. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No.2 (previously filed) and Amended Affidavit No.2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. 'JJ~ Jf ~ DANIEL SCHMIEG, ESQ Attorney for Plaintiff June 2, 2006 eo PHH MORTGAGE CORPORATION, F/KlA CENDANT MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION TRACEY L. MUNDIS JEFFREY S. MUNDIS NO. 05-4833 CIVIL TERM Defendant( s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) PHH MORTGAGE CORPORATION. FIKlA CENDANT MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .32 NORTH ENOLA DRIVE. ENOLA. P A 17025 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TRACEY L. MUNDIS 162 SOUTH ENOLA DRIVE ENOLA, PA 17025 JEFFREY S. MUNDIS 32 NORTH ENOLA DRIVE ENOLA, PA 17025 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) BOSCOV'S DEPARTMENT STORE INCORPORATED P.O. BOX 4274 READING, PA 19606 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 32 NORTH ENOLA DRIVE ENOLA, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, 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. December 22, 2005 DATE DANIEL G. SCHMIEG, E Attorney for Plaintiff DA~: DECEMBER 30, 2005 PHH MORTGAGE CORPORATION, FIKIA CENDANT MORTGAGE CORPORATION vs. TRACEY L. MUNDIS JEFFREY S. MUNDIS TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): TRACEY L. MUNDIS JEFFREY S. MUNDIS PROPERTY: 32 NORTH ENOLA DRIVE ENOLA, P A 17025 Improvements: Residential dwelling Judgment Amount: $80,579.67 CUMBERLAND COUNTY NO. 05-4833 CML TERM The above-captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on JUNE 07, 2006, at the Cumberland County Courthouse, South Hanover Street, Carlisle, PA at 10:00 a.m.. Our records indicate that you may hold a mortgage, judgment, or other interest on the property, which may be extinguished by the sale. You may wish to attend the sale to protect your interests. If you have any questions regarding the type of lien or the effect of the Sheriff s Sale upon your lien, we urge you to CONTACT YOUR OWN ATTORNEY, as we are not permitted to give you legal advice. The Sheriffwill file a schedule of Distribution on a date specified by the Sheriff not later than 30 days after sale. 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(l) '"C~:a >~Qt"'"' ......S~t::::l \O(l)~L. ......O"CZl> 0'< E..Z wt.l:l'-' ......o~Ra ooCO"CZl ~(p'~(') ;..,<CZl~ ~~g. t"J 0 "tlr/.l~O == C ~ ..... t"'"' C'}(t . ~...... r-' .j::. "'0 o . t"Jo e:: >-l en :::::. z t.- O ~ J} )~,. 1','5 ; _g-tWr i #fS~ /' '.~ n { ~~~ 1A $ 01.800 4309825 JAN 03 2006 LED FROM ZIPCOOE 19103 o f'; ~ = ~= C"' (- c= I C.J1 ~ -'4-... c:' c) ,-,'1 ~.~) <-! :D -< COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which PHH Mtg Corp 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 3rd day of January, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 4833, at the suit ofPHH Mtg Corp against Tracey L Mundis & Jeffrey S is duly recorded in Deed Book No. 275, Page 1866. IN TESTIMONY WHEREOF, I have hereunto set my hand anllea1 of said office this . d 9---ti: day of tJ~ , A.D. (~'(J-{)0 (7 PHH Mortgage Corporation, f/k/a Cendant Mortgage Corporation VS Tracey L. Mundis and Jeffrey S. Mundis The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-4833 Civil Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 02,2006 at 05:26 o'clock PM, 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 defendant, to wit: Tracey L. Mundis, by making known unto Tracey Mundis, personally, at 162 South Enola Drive, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to her the said true and correct copy of the same. Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on March 15,2006 at 04:25 o'clock PM, 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 defendant, to wit: Jeffrey S. Mundis, by making known unto Jeffrey Mundis, personally, at 32 North Enola Drive, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to him the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on April 05, 2006 at 2:07 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 Tracey L. Mundis and Jeffrey S. Mundis located at 32 North Enola Drive, Enola, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Tracey L. Mundis and Jeffrey S. Mundis by regular mail to their last known addresses of 162 South Enola Drive, Enola, PA 17025 and 32 North Enola Drive, Enola, P A 17025, respectively. These letters were mailed under the date of April 03, 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 PHH Mortgage Corporation f/k/a Cendant Mortgage Corporation. It being the highest bid and best price received for the same, PHH Mortgage Corporation f/k/a Cendant Mortgage Corporation of 3000 Leadenhall Road, Mount Laurel, NJ 08054, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$905.50. Sheriff's 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 Sheriff's Deed So Answers: r~~~ R. Thomas Kline, Sheriff , ~,. I ~ - , BY.. .trC.' t~ Real JEstat ergeant $30.00 17.75 15.00 15.00 30.00 10.00 .50 1.00 39.60 .98 15.00 30.00 329.00 287.60 19.57 25.00 39.50 $ 905.50 / ~ '1J\i\~ JtP( ~ 3D't.50 - t{D I ' ~ 511 ,5'0-3 ~ JfM1f WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-4833 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION, F/K/A CENDAl'\T MORTGAGE CORPORATION, Plaintiff (s) From TRACEY L. MUNDIS AND JEFFREY S. MUNDIS (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You arc also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISI I [E(S) as follows: and to noti!) the gamishee(s) that: (a) an attachment has been issued; (b) the gamishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (5) or otherwise disposing there oJ; (3) Jfpropcrty 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 abo\'c stated. Amount Due $80,579.67 L.L. $.50 Interest FROM 12/23/05 TO 6/7/06 (PER DIEM - $13.25) - $2,212.75 AND COSTS Atty's Co 111 111 % Due Prothy $1.00 Atty Paid S227.60 Plaintiff P~lill Other Costs Date: .L\:'\l iARY 3,2006 {j~ pr~honota~. - 7 By: (Seal) Deputy REQUESTI'\TG PARTY: Name OA'\IEL G. SCHMIEG, ESQUIRE ;\ddre~s: 0,\ ;.: PENN CENTER AT SUBURBAN STATION ] (; 17 JOHN F. KENl'\EDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney fur: PLAINTIFF Telephone: 215-563-7000 SUprl'll1e COlrt ID No. 62205 Real Estate Sale # 30 On February 14, 2006 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, P A Known and numbered as 32 North Enola Drive, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. (--~ ~. --'" Date: February 14, 2006 By: ,..........""'-*'\ , . "1,.['1-J ) t cLq '>>u.L'--"'J Real Es~ate Sergeant ":::."\ 'r'"el ...,.-.....~ ',' .... ~ ";, ,.. VI bO :Z d b- NVr qODZ Vd '"J.id ,u" l:i'l i h:UUWnJ :J.:.H~3HS 3Hl jO 3JI.:J30 ,( PHH MORTGAGE CORPORATION, F/K/A ".. CENDANT MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION TRACEY L. MUNDIS JEFFREY S. MUNDIS NO. 05-4833 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) PHH MORTGAGE CORPORATION. F/K/A CENDANT MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .32 NORTH ENOLA DRIVE. ENOLA. PA 17025. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TRACEY L. MUNDIS 162 SOUTH ENOLA DRIVE ENOLA, PA 17025 JEFFREY S. MUNDIS 32 NORTH ENOLA DRIVE ENOLA, PA 17025 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BOSCOV'S DEPARTMENT STORE INCORPORATED P.O. BOX 4274 READING, PA 19606 . f" , , 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 32 NORTH ENOLA DRIVE ENOLA, PA 17025 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. December 22. 2005 DATE DANIEL G. SCHMIEG, E Attorney for Plaintiff . , ) PHH MORTGAGE CORPORATION, F/K/A CENDANT MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY No. 05-4833 CIVIL TERM v. TRACEY L. MUNDIS JEFFREY S. MUNDIS Defendant(s). December 22, 2005 TO: TRACEY L. MUNDIS 162 SOUTH ENOLA DRIVE ENOLA, P A 17025 JEFFREY S. MUNDIS 32 NORTH ENOLA DRIVE ENOLA, PA 17025 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THA T PURPOSE. IF YOU HA VE PREVIOUSL Y 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 ~ 32 NORTH ENOLA DRIVE~ ENOLA~ PA 17025~ 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$80~579.67 obtained by PHH MORTGAGE CORPORATION~ F/K/A CENDANT MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) , YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 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 Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN lot of ground situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the easterly side of North Enola Drive, formerly Brick Church Road, at a distance of 205 feet measured southwardly along the easterly side of North Enola Drive from the projection of the southern line of Perry Street; thence North 79 degrees 40 minutes East, a distance of 115 feet to a nail in the fence post; thence South 10 degrees 20 minutes East, a distance of 25 feet to a fence post; thence South 79 degrees 40 minutes West on a line running through the centre of a partition wall of the double frame dwelling house erected in part on said lot a distance of 115 feet to a point on the easterly side of North Enola Drive; thence along the eastern side of North Enola Drive, North 10 degrees 20 minutes West, a distance of 25 feet more or less to a point, the place of BEGINNING. HAVING THEREON ERECTED the northern one-half of a two and one-half story frame dwelling known as No. 32 North Enola Drive, Enola, Pennsylvania. Being Parcel # 09-14-0832-325 TITLE TO SAID PREMISES IS VESTED IN Jeffrey S. Mundis and Tracey L. Mundis, husband and wife, by Deed from Michelle D. Thompson and Ernest P. Thompson, wife and husband, dated 5-7-01, recorded 5-8-01 in Deed Book 244, page 348. ... 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 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 #30 NOTA PUBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 REAL ESTATE SALE No. 30 ......r.ulllla.llTlftn ....,~. (;1 ~""IIL" Cend8M . .0011*11I n VS Tr8cey L MundIe _ Jeffrey S. IlIundIa Attorner........ SchmIeg DESCRIPi10N AlL 1HAT <BfAIN lot of ground situate in East Peaosboro 'Ibwuship, CumberJand Coomy, Pennsylvania, bou8ded aqd described as follows, to wit BEGINNING ala point on the Easterly side of Nor1b F.uol8 Drive, formerly Brick ChuItb Road, at a distance of 2Q5 feel ~ ioudmrdly ~ the F.astfdy side..... Dmtb die JXO.ieaioa of 1JJe SdIem _ ofFary SIIIet; theDce 1Q1h .79. __ -40...... Easr, a distaBI:e of 115 tiel to a lIIiI in dld fmce post; lbeac:e- $oI!dl 10..... 28 .... ,., a dista:e.ofl'iilettoa.--.......19 ~~-J~"'"'''' "''ii!'1'" ".,- "of North F.aoJa Drive, .Ned 10 IIIiIiItes West, a ctistaDce of l'i tiel more to a poim, the place ofBEGlNNING. HAVING 1HERJPN EROCl'ED !be NOObern one-balf of a ~ one-ba1f story frame' dweltiDg known as No. '1Z Nonb Boola Drive, Boola,~ ' BEING PAIt'.'JI, "'14432-325 Tl11..E TO SAID PREMISES is vested in Jeffrey S. Mmldisllld1moey L Mlmdis.lIlsband and wife, by DIed hJa.... D..~ and B.mest p.11Ioalpsoa, -....iII$bmd. dated 5178, RltGdIII ... illIIilIt... 244, .. 348. II"'" 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 SUBSCRIBED before me this 21 day of April. 2006 ~~1:!~PA/ ~ I. >_'. ~ ~ l ("" ". .,-,~" ..~,' \! ~., '.- >:, '1.- ';'~r.; i ( 1; REAL ESTATE SALE NO. 30 Writ No. 2005-4833 Civil PHH Mortgage Corporation f/k/a Cendant Mortgage Corporation vs. 1Tacey L. Mundis and Jeffrey S. Mundis Atty.: Daniel Schmieg ALL THAT CERTAIN lot of ground situate in East Pennsboro Town- ship, Cumberland County, Pennsyl- vania, bounded and described as follows, to wit: BEGINNING at a point on the easterly side of North Enola Drive, formerly Brick Church Road, at a distance of 205 feet measured southwardly along the easterly side of North Enola Drive from the pro- jection of the southern line of Perry Street; thence North 79 degrees 40 minutes East, a distance of 115 feet to a nail in the fence post; thence South 10 degrees 20 minutes East, a distance of 25 feet to a fence post; thence Sout.h 79 degrees 40 min- utes West on a line running through the centre of a partition wall of the double frame dwelling house erected in part on said lot a dis- tance of 115 feet to a point on the east.erly side of North Enola Drive; thence along the eastern side of North Enola Drive, North 10 degrees 20 minutes West, a distance of 25 feet more or less to a point, the place of BEGINNING. HAVING THEREON ERECTED the northern one-half of a two and one- half story frame dwelling known as No. 32 North Enola Drive, Enola, Pennsylvania. Being Parcel # 09-14-0832-325. TITLE TO SAID PREMISES IS VESTED IN Jeffrey S. Mundis and Tracey L. Mundis, husband and wife, by Deed from Michelle D. Th- ompson and Ernest P. Thompson, wife and husband, dated 5-7-01, recorded 5-8-01 in Deed Book 244, page 348.