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HomeMy WebLinkAbout05-5438 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 PHH MORTGAGE CORPORATION, FIK/A CENDANT MORTGAGE CORPORATION 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CNIL DNISION TERM L,.- NO. O~ -S''IJP CI~lL 1t)2_J-Yl v. CUMBERLAND COUNTY DAVID 1. ALVAREZ MICHELLE L. ALVAREZ 4135 LISBURN ROAD MECHANICSBURG, P A 17055 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File#: 124100 FHe#: 124100 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 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: DAVID J. ALVAREZ MICHELLE L. ALVAREZ 4135 LISBURNROAD MECHANICSBURG, P A 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 01/16/2004 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 No. Book: 1851, Page: 2985. 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 06/01/2005 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 #: 124100 6. The following amounts are due on the mortgage: Principal Balance Interest 05/01/2005 through 10/1512005 (Per Diem $31.93) Attorney's Fees Cumulative Late Charges 01/16/2004 to 10/15/2005 Cost of Suit and Title Search Subtotal $228,515.95 5,364.24 1,250.00 250.76 $ 550.00 $ 235,930.95 Escrow Credit Deficit Subtotal TOTAL 0.00 691.35 $ 691.35 $ 236,622.30 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or 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 $ 236,622.30, together with interest from 10115/2005 at the rate of $31.93 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. PHELAN H,ALLINAN & SCHMIEG"LLVJ / '. ~S:,7~ By: /:lF1'a;;;;;; S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File#: 124100 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 described as follows: BEGINNING at a point on the eastern right of way of Lisburn Road and on the line of ad joinder between Lots Nos. 82 and 83 on the hereinafter mentioned Plan of Lots; thence along said line of ad joinder South 84 degrees 13 minutes East 208.25 feet to a point on the line of adjoinder between Lots 83 and 64 on said Plan; thence along said line of adjoinder and along the western line of Lots 63 and 62 South 05 degrees 55 minutes 30 seconds West 182.86 feet to a point on the line of adjoinder between Lots 83 and 84; thence along said line North 84 degrees 13 minutes West 207.80 feet to a point along the eastern right of way of Lisburn Road; thence along said eastern right of way North 05 degrees 47 minutes East 182.86 feet to a point on the line of ad joinder between Lots 82 and 83, the point and place of BEGINNING. BEING Lot No. 83 on Plan of Lots of Section F, Lisburn Estates, said Plan recorded in Cumberland County Recorder's Office in Plan Book 22, Page 130. UNDER AND SUBJECT, NEVERTHELESS, to restrictions, conditions and easements of prior record pertaining to said premIses. UNDER AND SUBJECT to restrictions recorded in Deed Book 26R, Page 639, Cumberland County Recorder's Office. BEING THE SAME PREMISES WHICH John W. Rumberger and Renee M. Rumberger, husband and wife, by their Deed dated October 5,2002, recorded October 21, 2002 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 254, Page 714, granted and conveyed unto Kevin A. Reese the Grantor herem. PREMISES BEING: 4135 LISBURN ROAD :#: 124\00 VF,RIFWATION MARC J. HINKLE hereby states that he/she is V.P. ofCENDANT MORTGAGE CORPORATION 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, information 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. }J;IIA }/k/ DATE: ~2>\ ILl.:, \ D~ AJ0 ~'- -t:- If) ~ VI G'"""" .....:t . ~ ..c w tf\ --- ~ V'l. U\ l'\ \) ~ E ~r ~ (<~ Q C";,,? . " ..J\ ...-\ q :~r.-1"'_ "'.. c;-\(-- __t -.:);~~~_ - C'.) ,:,,(1_:; .-:"". ,-.J f') J;.'- - SHERIFF'S RETURN - REGULAR . CASE NO: 2005-05438 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION ET AL VS ALVAREZ DAVID J ET AL DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ALVAREZ DAVID J the DEFENDANT , at 2000:00 HOURS, on the 3rd day of November, 2005 at 4135 LISBURN ROAD MECHANICSBURG, PA 17055 by handing to DAVID ALVAREZ 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 9.60 .00 10.00 .00 37.60 <-~.~~ R. Thomas Kline 11/04/2005 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before By: ~7.n ~'/' j? :/%,/-,' V1 Deputy Sheriff t6 me this /~ - day of 7~J doo:5' A.D. C!;r0 fn,Hl.j ~' ; rothonotary' SHERIFF'S RETURN - REGULAR . CASE NO: 2005-05438 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION ET AL VS ALVAREZ DAVID J ET AL DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County, pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ALVAREZ MICHELLE L the DEFENDANT , at 2000:00 HOURS, on the 3rd day of November, 2005 at 4135 LISBURN ROAD MECHANICSBURG, PA 17055 by handinq to DAVID ALVAREZ HUSBAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directinq His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So <?J/--~ ~ R. Thomas Kline 11/04/2005 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before By: pjJ;}J;l~ Deput,T Sherif~ me this / (, e; day of 7i-~ d~-'/. A.D. ~& . ~ P othory 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 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-5438 CIVIL TERM DAVID J. ALVAREZ MICHELLE L. ALVAREZ 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 DAVID J. ALVAREZ and MICHELLE L. ALVAREZ, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 10116/05 to 12/28/05 TOTAL $236,622.30 $2,362.82 $238,985.12 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. ('~ . /1 0/ VW2i ,~ DANIEL G. SCHMIEG, ES Attorney for Plaintiff DAMAGES ARE HliREBY ASSESSED AS INDICATED.. t~ . DATEo!:.:C. ..lq, ;,coS f!~ 7 PRO PROTHY .' /~- , 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/KfA CENDANT MORTGAGE CORPORATION 3000 LEADENHALL ROAD CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-5438 CIVIL TERM DAVID J. ALVAREZ MICHELLEL.ALVAREZ Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above- captioned matter, and that on information and belief, he has knowledge ofthe following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant DAVID J. ALVAREZ is over 18 years of age and resides at, 4135 LISBURN ROAD, MECHANICSBURG, P A 17055 . (c) that defendant MICHELLE L. ALVAREZ is over 18 years of age, and resides at, 4135 LISBURN ROAD, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 'tJ~ DANIEL G. SCHMIEG, ES IRE Attorney 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 (? 1 'i) 'i1>1.7000 PHH MORTGAGE CORPORATION, F/K/A CENDANT : COURT OF COMMON PLEAS MORTGAGE CORPORATION Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY DAVIDJ.ALVAREZ :NO.05.5438 MICHELLE L. ALVAREZ Defendants TO: MICHELLE L. ALVAREZ 4135 LlSBURN ROAD MECHANICSBURG, PA 17055 DATE OF NOTICE: NOVFMRFR 2R 2005 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.lF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A 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 ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 ~"'-<-kjJ. ~lfi'1 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff , PHELAN HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq" Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (? 1)) )01-7000 PHH MORTGAGE CORPORATION, F/K/A CENDANT : COURT OF COMMON PLEAS MORTGAGE CORPORATION Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY DAVIDJ.ALVAREZ MICHELLE L. ALVAREZ Defendants : NO. 05-5438 TO: DAVID J. ALVAREZ 4135 LISBURN ROAD MECHANICSBURG, PA 17055 DATE OF NOTICE: NOVEMRFR 28 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 PERSON ALL 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 LA WYER, 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 ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PAl 7013 (800)990-9108 ~L? I1~ FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff t ;:0 (J ../q.. ~ ~ C" ..-.) n \k- <::':' C c.':.~ ~" C> . 0'1 (:1 ::::3 ~ C> f" ,:.:;:r " r -- " , '" ~ _"....\T~ - r-.) -c.,':.':-J ~ ~~ UJ "'l.: : \~'" ~ ~ ~ ._-,-, C ~ -;C'-; ,\p - '--...::J c5 .:A ~ r CJ.) ~;J ,,:: --< - ~ (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. 05-5438 CIVIL TERM DAVID J. ALVAREZ MICHELLE L. ALVAREZ Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on \)~C- ;;..q 2005. By /L~l If you have any questions concerning this matter, please contact: ,f)~l}/ J~ DANIEL G. SCHMIEG, ES IRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 PHH MORTGAGE CORPORATION, FIKIA CENDANT MORTGAGE CORPORATION Plaintiff, v. No. 05-5438 CIVIL TERM DAVID J. ALVAREZ MICHELLE L. ALVAREZ Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $238,985.12 Interest from 12/28/05 to JUNE 7, 2006 (per diem -$39.29) $6,325.69 and Costs TOTAL $245,310.81 ff~JjJ~e' DANIEL G. SCHMIEG, E~UIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. , . - ~ r-: -~) ...;:S OZ 00< <~ 1"'1'" ...;... ~oo ZZ OZ ~!e ~ . O/: UZ ...;:;J 00 ....U !:l::Q ;:;JZ 0< UQj 1"'11"'1 =i:Q ....~ Z;:;J ....U ,'Jt ,',,+ <Z ~O [;;:;E:: z~ 80 ~~ OU ~I"'I o~ u~ 1"'1.... ~!:l:: <0 ~~ ........ ~~ ~Q =z =1"'1 ~u .; ... N N~ ~~ >~ :;J...j '1"'1 ...... Q... ....1"'1 ~= QU .... ~ --rix a r:::a ~ ~ ~ ... ::. ..... ~~ ~ ~: . I I I <J G J () <J--.J.<.)l.-J>J\) V) 0--..9 \)0J ':;;'C'f)---.~~~ '- ~ Z o .... .... ;:;J U ~'E' 1"'1 = ... ~ 0<:1 ~~ ~ ~ !:l::g;. ~~ I"'I~ ~'-' .... U 1"'1 ~ ~ ~ - - I () ~ Vi NJ ....... ~ i:::1 '.g :g ~ '"' ~. ..s ,- :>-. OJ '.. 8 ]~ .~ -i:i ~ i:;:: \) .....( 1.0<-:.1 () () <J L, -...::. -o,..~ l/ll/l l/ll/l Q Q r-r- .... .... << ~~ gg ;:;J;:;J i:Qi:Q rJ"JrJ"J UU ~~ == UU 1"'11"'1 ~~ ~~ 00 !:l::!:l:: ~~ ;:;J;:;J i:Qi:Q rJ"JrJ"J .... .... ...... l/ll/l '" '" .... .... """""" <Il <Il OJ .tJ "0 < -d OJ i': OJ <Il OJ .n ~ a <Il '"' OJ g- o. OJ '"' OJ ..c: :::: ~ r( <:-- -9 .(- Nl ..j ...0 ~ t ~ i1 cJ ct. 1 ~ -t- 'J. 3 w ~ In CV --.J ~ 0L f 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 described as follows: BEGINNING at a point on the eastern right of way of Lisburn Road and on the line of adjoinder between lots Nos. 82 and 83 on the hereinafter mentioned Plan of Lots; thence along said line of adjoinder South 84 degrees 13 minutes East 208.25 feet to a point on the line of ad joinder between Lots 83 and 64 on said Plan; thence along said line of adjoinder and along the western line of lots 63 and 62 South 05 degrees 55 minutes 30 seconds West 182.86 feet to a point on the line of ad joinder between Lots 83 and 84; thence along said line North 84 degrees 13 minutes West 207.80 feet to a point along the eastern right of way of Lisbum Road; thence along said eastern right of way North 05 degrees 47 minutes East 182.86 feet to a point on the line of adjoinder between Lots 82 and 83, the point and place of BEGINNING. BEING lot No. 83 on Plan of lots of Section F, Lisburn Estates, said Plan recorded in Cumberland County Recorder's Office in Plan Book 22, Page 130. UNDER AND SUBJECT, NEVERTHELESS, to restrictions, conditions and easements of prior record pertaining to said premises, UNDER AND SUBJECT to restrictions recorded in Deed Book 26R, Page 639, Cumberland County Recorder's Office. BEING THE SAME PREMISES WHICH John W. Rumberger and Renee M. Rumberger, husband and wife, by their Deed dated October 5, 2002, rccorded October 21,2002 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 254, Page 7l4, granted and conveyed unto Kevin A. Reese the Grantor herein. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN David J. Alvarez and Michelle L. Alvarez, husband and wife, by Deed from Kevin A. Reese and Deborah K. Reese, husband and wife, dated 1-15-04, recorded 1-20-05 in Deed Book 261, page 1605._ PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Kevin A. Reese, by Deed from John W. Rumberger and Renee M. Rumberger, husband and wife dated 10-5-02, recorded 10-21-02 in Deed Book 254, page 714," PREMISES BEING: 4135 LISBURN ROAD, MECHANICSBURG, PA 17055 PARCEL IDENTIFICATION NO: 13-31-2136-064 '. WRIT OF EXECUTION and/or A '1''1' ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-5438 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, Plaintiff (s) From DAVID J. ALVAREZ AND MICHELLE L. ALVAREZ (I ) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNlSHEE(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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $238,985.12 L. L. $.50 Interest FROM 12/28/05 TO 6/7/06 (PER DIEM - $39.39) - $6,325.69 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $135.60 Other Costs Plaintiff Paid Date: JANUARY 26, 2006 (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 ( . PHH MORTGAGE CORPORATION, FIKIA CENDANT MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION DAVID J. ALVAREZ MICHELLE L. ALVAREZ NO. 05-5438 CIVIL TERM Defendant(s). AFFIDA VlT 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 ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,4135 L1SBURN ROAD, MECHANICSBURG, PA 17055. I. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DAVID J. ALVAREZ 4135 L1SBURN ROAD MECHANICSBURG, PA 17055 MICHELLE L. ALVAREZ 4135 L1SBURN ROAD MECHANICSBURG, PA 17055 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None ( . 4, Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 4135 LlSBURN ROAD MECHANICSBURG, PA 17055 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, e.s, Sec. 4904 relating to unsworn falsification to authorities, January 24.2006 DATE jJ~ )LJ" " DANIEL G. SeHM~QUIRE Attorney for Plaintiff " '. - \ PHH MORTGAGE CORPORATION, FIKIA CENDANT MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY No. 05-5438 CIVIL TERM v. DAVID J. ALVAREZ MICHELLE L. ALVAREZ Defendant(s). January 24,2006 TO: DAVID J. ALVAREZ 4135 LISBURN ROAD MECHANICSBURG, PA 17055 MICHELLE L. ALVAREZ 4135 LISBURN ROAD MECHANICSBURG, PA 17055 **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 roIS 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, 4135 LISBURN ROAD, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriff's Sale on JUNE 7, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $238,985.12 obtained by PHH MORTGAGE CORPORATION, FIKfA 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 MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. " You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale ifthe bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. Ifthe amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days ofthe sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It mav not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 DESCRIPTION ALL THAT CERTAIN tract or Parcel ofland and premises situate, lying and being in the Township of Lower Allen in the County of Cwnberland and Commonwealth of PelUlSylvania, more particularly described as follows; BEGINNING at a point on the eastern right of way of Lisburn Road and on the line of adjoinder between Lots Nos. 82 and 83 on the hereinafter mentioned Plan of Lots; thence along said line of ad joinder South 84 degrees 13 minutes East 208.25 feet to a point on the line of adjoinder between Lots 83 and 64 on said Plan; thence along said line of ad joinder and along the western line of Lots 63 and 62 South 05 degrees 55 minutes 30 seconds West 182.86 feet to a point on the line of adjoinder between Lots 83 and 84; tbence along said line North 84 degrees 13 minutes West 207.80 feet to a point along the eastern right of way of Lisbum Road; thence along said eastern right of way North 05 degrees 47 minutes East 182.86 feet to a point on the line of ad joinder between Lots 82 and 83, the point and place of BEGINNING. BEING Lot No. 83 on Plan of Lots of Section F, Lisburn Estates, said Plan recorded in Cumberland County Recorder's Office in Plan Book 22, Page 130. UNDER AND SUBJECT, NEVERTHELESS, to restrictions, conditions and easements of prior record pertaining to said premises. UNDER AND SUBJECf to restrictions recorded in Deed Book 26R, Page 639, Cumberland County Recorder's Office. BEING THE SAME PREMISES WHICH John W. Rumberger and Renee M. Rumberger, husband and wifc, by their Deed dated October 5, 2002, recorded October 21,2002 in the Office of the Recorder of Decds in and for Cumberland County, Pennsylvania in Deed Book 254, Page 7l4, grantcd and conveyed unto Kevin A. Reese the Grantor herein. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN David J. Alvarez and Michelle L. Alvarez, husband and wife, by Deed from Kevin A. Reese and Deborah K. Reese, husband and wife, dated I - I 5-04, recorded 1-20-05 in Deed Book 261, page 1605._ PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Kevin A. Reese, by Deed from John W. Rumbcrger and Renee M. Rumberger, husband and wife dated 10-5-02, recorded 10-21-02 in Deed Book 254, page 7l4~ PREMISES BEING: 4135 LISBURN ROAD, MECHANICSBURG, P A I7055 PARCEL IDENTIFICATION NO: 13-31-2136-064 '. """ ) u-~ ~,.. ," AFFIDAVIT OF SERVICE PLAINTIFF PHH MORTGAGE CORPORATION, F/KJA CENDANT MORTGAGE CORPORATION CUMBERLAND COUNTY PMB No. 05-5438 CIVIL TERM DEFENDANT(S) DAVID J. ALVAREZ MICHELLE L. ALVAREZ ACCT. #7080012250 SERVE DAVID J. ALVAREZ AT 4135 LISBURN ROAD MECHANICSBURG, PAl 7055 Type of ACtioD - Notice of Sheriff's Sale Sale Date: JUNE 7, 2006 SERVED Served and made known to 11u";J 41V'd <-'- t.., ~ h iJrn , Defendant, on the ) f-f ,), fJ1tc!1CfntCSbu-:; dayof f;brv"irY.2oo1>- ? 4 170,S:- Commonwealth at J7 '1/, , o'c!ockl..m, at t; 13:) of Pennsylvania, in the manner described below; Defendant personally served. ~ Adult family member with whom Defendant( s) reside( s). Name and Relationship is W,.p",,- 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. Other: Description: AgeJr'I5" Height~ Weight~ Race~Sex--L Other I, ,J..... 5t-Y\ E} J l" 5' _~, 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 Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. ,~loa~ssubi~~ J \ -Z.#..:.t "200.;-' ~ By: c1Jt~ [tL~ . /l6lEAl!Wol\i~T SERVICE AT L T 3 TIMES. INDICA TE DATES & TIMES OF SERVICE A TI'EMPTED. /" Stale of New Jersey PATRICIA E HARRIS NOT SERVED Commission Expires June 16, 2008 On the day of ,200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1" Attempt: / / 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 ',)"J ( ~, t;~1 C:I ::.~J ;l': o p..:: ...,,; .J.. .' AFFIDAVIT OF SERVICE PLAINTIFF PHH MORTGAGE CORPORATION, FfKlA CENDANT MORTGAGE CORPORATION CUMBERLAND COUNTY PMB No. 05-5438 CIVIL TERM DEFENDANT(S) DAVID J. ALVAREZ MICHELLE L ALVAREZ ACCT. #7080012250 SERVE MICHELLE L. ALVAREZ AT 4135 LISBURN ROAD MECHANICSBURG, PA 17055 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 7, 2006 SERVED Served and made known to m :ell ~ 1/ f A I v'ar-t 7- f, S'"Ui f Y 13<:" L, ,bvrl1 ,200"", at . " , o'clock _.m., at rJ , Defendant, on the / ->-r (t)~cj1Jv1ICS htJrj' ? It day of .r; bl/'--VQI)- 17L))) , 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 Defeudant(s) reside(s). Agent or person in charge of Defendant( s)' 5 office or usual place of business. an officer of said Defendant( s)' s company. Other: Description: AgeY'!{- r'cA Height ~ Weight.lso Race ---1d.. Sex ---.E.- Other I, , \.. I 'M .c 1/ : , , 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 Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. '~BY:~ CLj,v~ ~ / MP;~ERVICE AT L(hT 3 TIMES. INDICATE DATES & TIMES OF SERVICE . State of New Jersey ATTEMPTED. PJ\T.=<:!C1A E H~\RRiS Commission EXpilCS June 16, 2eOS Sworn ~ and sU~lbed , ,. b thIS day- or: ----OO.b tary: NOT SERVED On the day of .200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1" Attempt: f f Time: 2nd Attempt: f f Time: 3rd Attempt: f f Time: Sworn to and subscribed before me this ~ day of . 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 'J5 r--.,J ....J -," G'1 G:} () -'1 --j T ri'lfn r,- C. a e:'" ... .. SALE DATE: JUNE 7.2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PHH MORTGAGE CORPORATION, F/KJA CENDANT MORTGAGE CORPORATION No.: 05-5438 CIVIL TERM vs. DAVID J. ALVAREZ MICHELLE L. ALVAREZ 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: 4135 LISBURN ROAD. MECHANICSBURG. P A 17055. As required by Pa. R.C.P. 3l29.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3l29.2(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 ofthe notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. June 2, 2006 'iJ~ Ji ~ DANIEL SCHMIEG, ESQ Attorney for Plaintiff "" . PHH MORTGAGE CORPORATION, FOO A CENDANT MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. DAVID J. ALVAREZ MICHELLE L. ALVAREZ CIVIL DIVISION NO. 05-5438 CIVIL TERM Defendant( s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) PHH MORTGAGE CORPORATION, F/KlA 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 14135 LISBURN ROAD. MECHANICSBURG, PA 17055. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DAVID J. ALVAREZ 4135 LISBURN ROAD MECHANICSBURG, P A 17055 MICHELLE L. ALVAREZ 4135 LISBURN ROAD MECHANICSBURG, P A 17055 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 holder of every mortgage ofrecord: 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 4135 LISBURN ROAD MECHANICS BURG, P A 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 17105 I verifY that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unsworn falsification to authorities. January 24. 2006 DATE jJ~JLJ~ DANIEL G. SCHMIEG, QUIRE Attorney for Plaintiff . ,. PHH MORTGAGE CORPORATION, FIK/A CENDANT MORTGAGE CORPORATION vs. DAVID J. ALVAREZ MUCHELLE L. ALVAREZ TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): DAVID J. ALVAREZ MUCHELLEL.ALVAREZ PROPERTY: 4135 LISBURN ROAD MECHANICSBURG, PA 17055 Improvements: Residential dwelling Judgment Amount: $238,985.12 CUMBERLAND COUNTY NO. 05-5438 CIVIL TERM The above-captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on JUNE 7, 2006, at the Cumberland County Courthouse, South Hanover Street, Carlisle, P A at 10:00 a.m.. Our records indicate that you may hold a mortgage, judgment, or other interest on the property, which may be extinguished by the sale. You may wish to attend the sale to protect your interests. If you have any questions regarding the type oflien or the effect of the Sheriff's Sale upon your lien, we urge you to CONTACT YOUR OWN ATTORNEY, as we are not permitted to give you legal advice. The Sheriff will file a schedule of Distribution on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. . . , ae tTl>-c:l Cl .a ~ og grt ~.'" ~~g.if;l g~'<i'(l <> Cn;l~8f; ~<>SiilQ. ....2..9"& 8- ~. [ ~. 5 ~E ~ g g. N 3'""" 0 ::s -:rt':~o ~~.g~ ~ Fl' e >< <> Ii a.~.O~ IA' g '0 a. g.'g !l ~ (l iil~8ol ~~ligQ. 0'" <l ~ 0 ti E.4 g ::I i3J:;:!'r;;~ ~~~~f ~ S .. a (l ~'f'" 'e. 6 (l 8- It :3 '" . [[i:~ 2 <> ~~ _. 3 Q. a. :$-gg n"'d a ~ a~ 5 n1 ~. ~ a 'e. O'o(lli .gg8[ a.tTl iil o " 9" 2 [~I'; ;:: gj'l:l g';l 5 s:: -." " ~.a I " -6 !' ~ S . g<lll tl i IA' 5' op."" ii~'~g:~ lHr8~' S::~8~ ~il'g~ s::~.'" S!: ~ (I) '9. ('t c g & f!. <11'"1 ~Ql II g " - '" z ~J too '<.... W 5- !l ~Ql ~ liE :> ~z ~ ;J .... g~ >- O~ t-' Sill <: II g ~ N >-c:I !l ~ ~ o .... ::<l <> " <> ~: OQ .... Vl .... ~ .... 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(il I 0 Ui (~) .. ::.~ .11 .,.....," -,'\ - (~"~ ...;01-", 0 ~~) IOl ~._-~ / ~ .~ <=) -< (.r: -< 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 Fannie Mae is the grantee the same having been sold to said grantee on the 7th day of June A.D., 2006, under and by virtue of a writ Execution issued on the 26th day of January, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 5438, at the suit ofPHH Mtg Corp against David J Alvarez & Michelle L is duly recorded in Deed Book No. 275, Page 1859. IN TESTIMONY WHEREOF, I have hereunto set my hand ,J 9-d: . c9o-tJ0 anp: said O~:.:lS day of ') )). ecorder of Deeds PHH Mortgage Corporation, f/k1a Cendant Mortgage Corporation VS David J. Alvarez and Michelle L. Alvarez In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-5438 Civil Term Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on March 09,2006 at 1 :32 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: David J. Alvarez and Michelle L. Alvarez, by making known unto Michelle L. Alvarez, personally and adult in charge for David J. Alvarez, at 4135 Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally 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 2:02 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 David J. Alvarez and Michelle L. Alvarez located at 4135 Lisburn Rd., Mechanicsburg, 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: David 1. Alvarez and Michelle L. Alvarez by regular mail to their last known address of 4135 Lisburn Rd., Mechanicsburg, PA 17055. 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 he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: John E. Minich and Joanne E. Altland by regular mail to their last known address of 769 Saint Jude Drive North, Longboat Key, FL 34228. These letters were mailed under the date of April 06, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 07,2006 at 10:00 o'clock A.M. He sold the same for the sum of$1.00 to Attorney Daniel G. Schmieg for Fannie Mae. It being the highest bid and best price received for the same, Fannie Mae of 1900 Market Street, Suite 800, Philadelphia, P A 19103, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$I,166.55. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Law J oumal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed $30.00 22.87 15.00 15.00 30.00 10.00 .50 1.00 22.88 1.83 15.00 30.00 509.00 379.40 19.57 25.00 39.50 J $ 1,166.55 ./ ~ 1/ :l4J D l, So Answers: r~.'~~e~ R. Thomas Kline, Sheriff , ,'?J ~~ tr>) 0 ]v' ), -:>1) j'Y S 9(... cL / /.J I i093" IUv. WRIT OF EXECUTION. and/or A TT ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-5438 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLA..~D COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION F/K/A CENDANT MORTGAGE CORPORATION, Plaintiff (s) From DAVID J. ALVAREZ AND MICHELLE L. ALVAREZ (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $238,985.12 L.L. $.50 Interest FROM 12/28/05 TO 6/7/06 (PER DIEM - $39.39) - $6,325.69 AND COSTS Atty's Comm % Due Pro thy $1.00 Atty Paid $135.60 Plaintiff Paid Date: JANUARY 26, 2006 Other Costs (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 # 43 On February 14, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as 4135 Lisbum Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. 1'.::.-,--"., ~:' ~"'~ ,.,~/ 'I>...;i,':" Date: February 14, 2006 By: L~}, \ vvuJ L-1 Real EstateJSergeant f/-~"-"'''''''''>lo, .,:!!,p j ".... -- ~ lS :b \;j I - 93:/ qUal \jJj'~~~~ U1Hii~;O '# 5,~~2 J PHH MORTGAGE CORPORATION, FfK;A CENDANT MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION DAVIDJ.ALVAREZ MICHELLE L. ALVAREZ NO. 05-5438 CIVIL TERM Defendant( s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) PHH MORTGAGE CORPORATION~ F/KJA CENDANT MORTGAGE CORPORATION, Plaintiffin 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 ~4135 LISBURN ROAD~ MECHANICSBURG~ P A 17055 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) DAVID J. ALVAREZ 4135 LISBURN ROAD MECHANICSBURG, PA 17055 MICHELLE L. ALVAREZ 4135 LISBURN ROAD MECHANICSBURG, P A 17055 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 t , 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 4135 LISBURN ROAD MECHANICSBURG, P A 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. January 24.2006 DATE jJcvw.JJLJ ~ DANIEL G. SCHMIEG, QUIRE Attorney for Plaintiff 1 .. , PHH MORTGAGE CORPORATION, F/KJA CENDANT MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY No. 05-5438 CIVIL TERM v. DAVID J. ALVAREZ NOCHELLEL.ALVAREZ Defendant(s ). January 24,2006 TO: DAVID J. ALVAREZ 4135 LIS BURN ROAD MECHANICSBURG, PA 17055 MICHELLEL.ALVAREZ 4135 LISBURN ROAD MECHANICSBURG, PA 17055 * * THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON 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. 4135 LISBURN ROAD. MECHANICS BURG. PA 17055. 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 $238.985.12 obtained by PHH MORTGAGE CORPORATION. FIKlA 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. I I You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 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 described as follows: BEGINNING at a point on the eastern right of way of Lisburn Road and on the line of adjoinder between Lots Nos. 82 and 83 on the hereinafter mentioned Plan of Lots; thence along said line of adjoinder South 84 degrees 13 minutes East 208.25 feet to a point on the line of adjoinder between Lots 83 and 64 on said Plan; thence along said line of adjoinder and along the western line of Lots 63 and 62 South 05 degrees 55 minutes 30 seconds West 182.86 feet to a point on the line of ad joinder between Lots 83 and 84; thence along said line North 84 degrees 13 minutes West 207.80 feet to a point along the eastern right of way of Lisbum Road; thence along said eastern right of way North 05 degrees 47 minutes East 182.86 feet to a point on the line of adjoinder between Lots 82 and 83, the point and place of BEGINNING. t BEING Lot No. 83 on Plan of Lots of Section F, Lisburn Estates, said Plan recorded in Cumberland County Recorder's Office in Plan Book 22, Page 130. UNDER AND SUBJECT, NEVERTHELESS, to restrictions, conditions and easements of prior record pertaining to said premises. UNDER AND SUBJECT to restrictions recorded in Deed Book 26R, Page 639, Cumberland County Recorder's Office. BEING THE SAME PREMISES WHICH John W. Rumberger and Renee M. Rumberger, husband and wife, by their Deed dated October 5,2002, recorded October 21,2002 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 254, Page 714, granted and conveyed unto Kevin A. Reese the Grantor herein. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN David J. Alvarez and Michelle L. ~lvarez, husband and wife, by Deed from Kevin A. Reese and Deborah K. Reese, husband and wife, dated 1-15-04, recorded 1-20-05 in Deed Book 261, page 1605._ PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Kevin A. Reese, by Deed from John W. Rumberger and Renee M. Rumberger, husband and wife dated 10-5-02, recorded 10-21-02 in Deed Book 254, page 714,,- PREMISES BEING: 4135 LISBURN ROAD, MECHANICSBURG, PA 17055 "PARCEL IDENTIFICATION NO: 13-31-2136-064 L, T 1 THE PATRIOT NEWS THE SUNDA\: PATRIOT NEWS Proof of Publication Under Act No. 5~:7, Approved May 16, 1929 Commonwealth ofPenl~ylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn acc(>rding 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 ofPeIll1sylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State ofPeIll1sylvania, 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 1he 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. aforesa.d 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 #43 CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A. 17013 RIM............. 43 ..... r I r ........... =~~~~-:i= tIS DavId J. AIv8rl!iIIand IIk:heIIe L. AIwMIZ AttarnIIJ DIiIIII...--. DESCRP110N AU mAT CElUAIN lnIct or Partel of land and premise$ situate, lying and being in the ToWDSltip .of Lowa' Allen in the COIIDty of Cumbedand aOO ComroomveaIIh of PemsyJvania, IIQC~ clr:sailed as follows: BEGINNING at a point CIl the Eastern righ-of- way ct LislJumRolll.. QlI tile line.of adjlinder betweatlots Nos. 82 lIIId B3 00 the beftiIafter meDIiooed Plan of~; dIaK:e aloog saiclliDe of adjoinder Soudt 84 ~. 13 IIIinutes East 208.25 feet to a poIItCll die line of.adjoinder between LoIs 83 alId~ 00 Slid Plan; 1bmce aloog said line of adjoiOOer alId IoDg the Wafan liiIe of Lots 63 _62 Soudt OS'depes 55 minutes 30 seconds Welt 182.16.feet to.a plWnt (WI tbe line of adjomder bdweea LoIs 83 ~ 84; tIIence along said line Norrb 84~ I3.uliuutes West 11.Yl.80 feet to a point along 1he'Easlan rigbt of way of Lisbum Road; tbeuce along. said Eastern ril:bt of way Nmh OS ~41 miIIlIres East 1&2:86 feet toa point 0Il1he hof adjOiudrr between Lots 82 and 83, thepoiat alId place ciBl?6lNNJNG. BFJNG Lot No. 8308 Plan of LoIs of Section F. Lisbum EsIattls, llIlIl Plan Rlt01dedin Cumberland County Recorder's Oftiee ia PIaa Book 22, Page 130. UNDER AND SUBJECf.. never-the-less, to restrictions, conditiCIls. alId laseuats of. prior record pertainiug to SIid}lQDises. UNDER AND SUBJECT to restrictions recorded in Deed "&ak 26R, Page 639, ~ fuully Recorder's Office. BEING 'fHE SAMEPiMsFs whicb John W. RUIIlberger lIIId ltt8ee M. R1aItbIqer, husbasd and wife,by their Deed.dItEd 0ltiJer 5,2002, recoRIed Otfeber 21,_ ia die ClIIb of the Rcaldert'lfBllllilll;ia_,*~.Il' ~ CaUmy, PeoosyIvaoia in Deed Book 254, Page 114, graated and COIIVeyed UDto Kevin A. Reese the GranttI Ilaein. . . - 'ITll.E TO SAIDPRBMlSES is vesledin David J. Alvarez' aad MidJdIt L. AIvarez,husband and wife, by Deed from KevUj,A.. Reese 8Dd Ddmh K. Reese, ...... and wife, dItEd 1I1~Kl4, remdedllMWia DileftBlJot 261 ,page f60S. PRIOllDJl!l)INIQIMA'llON 'lTfi:ETO".~isVSdin Kevin A. Reese, by llttdiUm ,*W. ~ and ReueeM:......" .....lIIIdwife daIid 101 5,m, .....mL02 iaDeeiIelli.254,,. 114. . ........8IG: 4135 LiIhiiIIl RGE, HI' . r v'JIJ't.- 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~ ~~~~~~AJ ~ ~ :~ . ......, "'"'0...... ..~:r' " ,,"" 0 j' ! ~ ! I' '-'" ' J\!'. ')':if; l! ., {; -, ~ ,; '~.":-,,:,:..;~,~~G:,,*,,,= :,.J REAL ESTATE SALE NO. 43 Writ No. 2005-5438 Civil PHH Mortgage Corporation f/k/a Cendant Mortgage Corporation vs. David J. Alvarez and Michelle L. Alvarez Atty.: Daniel Schmieg DESCRIPTION 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 of Pennsylvania, more particularly de- scribed as follows: BEGINNING at a point on the eastern right of way of Lisburn Road and on the line of adjoinder between Lots Nos. 82 and 83 on the herein- after mentioned Plan of Lots; thence along said line of adjoinder South 84 degrees 13 minutes East 208.25 feet to a point on the line of adjoinder between Lots 83 and 64 on said Plan; thence along said line of adjoinder and along the western line of Lots 63 and 62 South 05 degrees 55 minutes 30 seconds West 182.86 feet to a point on the line of adjoinder between Lots 83 and 84; thence along said line North 84 degrees 13 minutes West 207.80 feet to a point along the eastern right of way of Lisburn Road; thence along said eastern right of way North 05 degrees 47 minutes East 182.86 feet to a point on the line of adjoinder between Lots 82 and 83, the point and place of BEGINNING. BEING Lot No. 83 on Plan of Lots of Section F, Lisbum Est.ates, said Plan recorded in Cumberland County Recorder's Office in Plan Book 22, Page 130. UNDER AND SUBJECT, NEVER- THELESS, to restrictions, conditions and easements of prior record per- taining to said premises. UNDER AND SUBJECT to re- strictions recorded in Deed Book 26R, Page 639, Cumberland County Recorder's Office. BEING THE SAME PREMISES WHICH John W. Rumberger and Renee M. Rumberger, husband and wife, by their Deed dated October 5, 2002, recorded October 21, 2002 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 254, Page 714, granted and con- veyed unto Kevin A. Reese the Grantor herein. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN David J. Alvarez and Michelle L. Alvarez, husband and wife bv Deed from Kevin A. Reese and'De"borah K. Reese, husband and wife, dated 1-15-04, recorded 1-20- 05 in Deed Book 261, page 1605. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Kevin A. Reese, by Deed from John W. Rumberger and Renee M. Rumberger, husband and wife dated 10-5-02, recorded 10- 21-02 in Deed Book 254, page 714, PREMISES BEING: 4135 LlS- BURN ROAD, MECHANICSBURG. PA 17055.