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HomeMy WebLinkAbout06-1163PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 V. RYAN C. PIFER GINGER K. PIFER 7516 WERTZVILLE ROAD CARLISLE, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM n NO.OL - Al3 (?lUC? ?c/L7t? CUMBERLAND COUNTY l Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH 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: 131610 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. Filek 131610 I . Plaintiff is PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 2. The name(s) and last known address(es) of the Defendant(s) are: RYAN C. PIFER GINGER K. PIFER 7516 WERTZVILLE ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 12/04/2003 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. 1847, Page: 3392. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2005 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 #: 131610 6. The following amounts are due on the mortgage: Principal Balance $193,272.44 Interest 8,969.13 07/01/2005 through 02/28/2006 (Per Diem $36,91) Attorney's Fees 1,250.00 Cumulative Late Charges 452.06 12/04/2003 to 02/28/2006 Cost of Suit and Title Search $ 550.00 Subtotal $ 204,493.63 Escrow Credit 0.00 Deficit 1,289.50 Subtotal $ 1,289.50 TOTAL $ 205.783.13 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. 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) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 205,783.13, together with interest from 02/28/2006 at the rate of $36.91 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 HALLINAN & SCHHJMIEG, LLP p By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 131610 LEGAL DESCRIPTION TRACT NO. 1 ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of Legislative Route 21001; thence North 23 degrees 17 minutes West and along lands now or late of M. R. Wingert 582.70 feet to a point; thence North 66 degrees 43 minutes East 363.15 feet to a point; thence South along the eastern side of a 25 feet wide private right of way and along lands now or late of J. S. Sease 23 degrees 17 minutes East 538.29 feet to a point in the center of Legislative Route 21001; thence through the center of said Legislative Route South 59 degrees 49 minutes 30 seconds West 365.85 feet to a point, the place of BEGINNING. SUBJECT to a twenty-five (25) feet wide private right of way for the use of ingress and regress for properties abutting thereon, which extends along the easternmost 25 feet of the tract herein conveyed and as shown on Plot Plan recorded herewith. UNDER AND SUBJECT to restrictions set forth in Deed Book 25, Volume 'B', Page 785 BEING the same property which Howard V. Shahan, single man, by deed dated March 29, 1973, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 25, Volume 'B', Page 785, granted and conveyed unto Robert L. Windemaker and Betty Jane Windemaker. The said Robert L. Windemaker a/k/a Robert L. Windemaker, Sr. died on August 21, 2001, thereby vesting the entire fee ownership in his surviving spouse, Betty Jane Windemaker, grantor herein. TRACT NO. 2 ALL THAT CERTAIN lot or piece of ground situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point, which point is 538.29 feet Northwest of Legislative Route No. 21001 and the Northeast comer of a private right of way; thence along land formerly of Howard Shahan, now or formerly of Robert L. Windemaker and wife, South 66 degrees 43 minutes West 363.15 feet to a point; thence North 23 degrees 17 minutes East 90 feet to a point and along land now or late of M. R. Wingert; thence South 66 degrees 43 minutes West 59.60 feet to a point; thence along land now or late of W. L. Forney, North 23 degrees 17 minutes West 150 feet to a point; thence along land now or late of J. L. Shaeffer, North 66 degrees 43 minutes East 422.75 feet to a point; thence South 23 degrees 17 minutes East 240 feet to a point, the place of BEGINNING. BEING the same property which Walter E. Kuntzelman and Betsy Ann Kuntzelman, his wife, by deed dated April 10, 1974, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 25, Volume 'O', Page 535, granted and conveyed unto Robert L. Windemaker and Betty Jane Windemaker. The said Robert L. Windemaker a/k/a Robert L. Windemaker, Sr. died on August 21, 2001, thereby vesting the entire fee ownership in his surviving spouse, Betty Jane Windemaker, grantor herein. PROPERTY BEING: 7516 WERTZVILLE ROAD File #: 131610 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 on 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 his 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 unswom falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: tz?? Z?4 /-?, Ut G ? 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, F/K/A ERA MORTGAGE 3000 LEADENHALL ROAD MOUNT LAUREL, NJ 08054 V. Plaintiff, RYAN C. PIFER GINGER K. PIFER Defendant(s). bus 131 ? ?C> CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-1163 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 RYAN C. PIFER and GINGER K. PIFER, 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 3/1/06 to 4/13/06 TOTAL $205,783.13 $1,624.04 $207,407.17 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. DANIEL G. SCHMIEG, ES UIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ?l (p L' 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 PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION v. Plaintiff, NO. 06-1163 RYAN C. PIFER GINGER K. PIFER Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant RYAN C. PIFER is over 18 years of age and resides at, 7516 WERTZVILLE ROAD, CARLISLE, PA 17013. (c) that defendant GINGER K PIFER is over 18 years of age, and resides at, 7516 WERTZVILLE ROAD, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 4 DANIEL G. SCHMIEG, ESQ E Attorney 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 (215) 563-7000 PHH MORTGAGE CORPORATION F/K/A ERA : COURT OF COMMON PLEAS MORTGAGE Plaintiff Vs. RYAN C. PIFER GINGER K. PIFER Defendants TO: RYAN C. PIFER 7516 WERTZVILLE ROAD CARLISLE, PA 17013 DATE OF NOTICE: MARCH 24, 2006 CIVIL DIVISION CUMBERLAND COUNTY NO. 06-1163 CIVIL TERM 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 fir 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 (215) 563-7000 PHH MORTGAGE CORPORATION F/K/A ERA : COURT OF COMMON PLEAS MORTGAGE Plaintiff Vs. RYAN C. PIFER GINGER K. PIFER Defendants TO: GINGER K. PIFER 7516 WERTZVILLE ROAD CARLISLE, PA 17013 DATE OF NOTICE: MARCH 24, 2006 CIVIL DIVISION CUMBERLAND COUNTY NO. 06-1163 CIVIL TERM tj . 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 li FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PUB MORTGAGE CORPORATION, F/K/A ERA . MORTGAGE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. CIVIL DIVISION NO. 06-1163 RYAN C. PIFER GINGER K. PIFER Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on t-) 1 / 20 By: DEPUTY If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, E QUIRE 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 INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** ?? ?'> ? ? ?. CASE NO: 2006-01163 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORAT VS RYAN C ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon PIFER RYAN C the DEFENDANT at 0020:13 HOURS, on the 3rd day of March 2006 at 7516 WERTZVILLE ROAD CARLISLE, PA 17013 by handing to RYAN C. PIFER a true and attested copy of NOTICE together with COMPLAINT IN MORTGAGE FORECLOSURE and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answ s, Docketing 18.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 28.00 03/06/2006 PHELAN, HALLINAN & SCHMIEG Sworn and Subscribed to before By: ?4 " me this U1{A*- day of Deputy Sheriff k" (e A.D. Prot n tart' SHERIFF'S RETURN - REGULAR CASE NO: 2006-01163 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND PHH MORTGAGE CORPORATION VS PIFER RYAN C ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTI INGER K DEFENDANT , at 0020:13 HOURS, on the 3rd day of March was served upon at 7516 WERTZVILLE ROAD CARLISLE, PA 17013 by handing to RYAN C. PIFER the 2006 a true and attested copy of NOTICE together with COMPAINT IN MORTGAGE FORECLOSURE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this alp' day of 71rb A. D. Protho.ary So Answers: A -.0 vo? R. Thomas Kline 03/06/2006 PHELAN, HALLINAN & SCHMIEG By. D puty Sheriff- r„ PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE Plaintiff, V. No. 06-1163 RYAN C. PIFER GINGER K. PIFER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Add' l cost Interest from 4/14/06 to JUNE 13, 2007 (per diem -$34.09) TOTAL Add'l cost $207,407.17 $14,522.34 and Costs $221,929.51 $3,311.00 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff 131610 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. d d Oz > a? O 14 0 4 H p?" H w U od aw x ?U a h a w;Tl U? a a? O U O° w? W q 0 O ? H aw an O? w? a v w en M O O r r dd as WW as UUqq ?d NN as W) k4n r- r- W d M a a v ^o i -' ('?? ?1 v V r ,f C"i )zi p Lj- C -1 TRACT NO. 1 ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of Legislative Route 21001; thence North 23 degrees 17 minutes West and along lands now or late of M. R. Wingert 582.70 feet to a point; thence North 66 degrees 43 minutes East 363.15 feet to a point; thence South along the eastern side of a 25 feet wide private right of way and along lands now or late of J. S. Sease 23 degrees 17 minutes East 538.29 feet to a point in the center of Legislative Route 21001; thence through the center of said Legislative Route South 59 degrees 49 minutes 30 seconds West 365.85 feet to a point, the place of BEGINNING. SUBJECT to a twenty-five (25) feet wide private right of way for the use of ingress and regress for properties abutting thereon, which extends along the easternmost 25 feet of the tract herein conveyed and as shown on Plot Plan recorded herewith. UNDER AND SUBJECT to restrictions set forth in Deed Book 25, Volume `B', Page 785. BEING the same property which Howard V. Shahan, single man, by deed dated March 29, 1973, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 25, Volume `B', Page 785, granted and conveyed unto Robert L. Windemaker and Betty Jane Windemaker. The said Robert L. Windemaker a/k/a Robert L. Windemaker, Sr. died on August 21, 2001, thereby vesting the entire fee ownership in his surviving spouse, Betty Jane Windemaker, grantor herein. TRACT NO. 2 ALL THAT CERTAIN lot or piece of ground situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point, which point is 538.29 feet Northwest of Legislative Route No. 21001 and the Northeast corner of a private right of way; thence along land formerly of Howard Shahan, now or formerly of Robert L. Windemaker and wife, South 66 degrees 43 minutes West 363.15 feet to a point; thence North 23 degrees 17 minutes East 90 feet to a point and along land now or late of M. R. Wingert; thence South 66 degrees 43 minutes West 59.60 feet to a point; thence along land now or late of W. L. Forney, North 23 degrees 17 minutes West 150 feet to a point; thence along land now or late of J. L. Shaeffer, North 66 degrees 43 minutes East 422.75 feet to a point; thence South 23 degrees 17 minutes East 240 feet to a point, the place of BEGINNING. BEING the same property which Walter E. Kuntzehnan and Betsy Ann Kuntzelman, his wife, by deed dated April 10, 1974, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 25, Volume `O', Page 535, granted and conveyed unto Robert L. Windemaker and Betty Jane Windemaker. The said Robert L. Windemaker a/k/a Robert L. Windemaker, Sr. died on August 21, 2001, thereby vesting the entire fee ownership in his surviving spouse, Betty Jane Windemaker, grantor herein. Being Parcel # 21-04-0371-042A and 21-04-0371-038 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Ryan C. Pifer and Ginger K. Pifer, husband and wife, by Deed from Betty Jane Windemaker, a/k/a Betty J. Windemaker, widow, dated 12-04-03, recorded 12-08-03 in Deed Book 260, page 3576. PREMISES BEING: 7516 WERTZVILLE ROAD, CARLISLE, PA 17013 PHELAN HALLINAN AND SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE Plaintiff, V. RYAN C. PIFER GINGER K. PIFER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-1163 CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff Q _TJ t:7, C? r -n KHH MORTGAGE CORPORATION, F/K/A ERA It MORTGAGE Plaintiff, v. RYAN C. PIFER GINGER K. PIFER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-1163 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,7516 WERTZVILLE ROAD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name RYAN C. PIFER GINGER K. PIFER Last Known Address (if address cannot be reasonably ascertained, please indicate) 7516 WERTZVILLE ROAD CARLISLE, PA 17013 7516 WERTZVILLE ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4 Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Members 1st Federal Credit Union 5000 Louise Drive, Mechanicsburg, PA 17055 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 7516 WERTZVILLE ROAD CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 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 6, 2006 A-A.-? DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff c"3 y` n C - , PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE Plaintiff, V. RYAN C. PIFER GINGER K. PIFER Defendant(s). TO: RYAN C. PIFER 7516 WERTZVILLE ROAD CARLISLE, PA 17013 CUMBERLAND COUNTY No. 06-1163 December 6, 2006 GINGER K. PIFER 7516 WERTZVILLE ROAD CARLISLE, PA 17013 "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 BANKRUPTCYAND 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, 7516 WERTZVILLE ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $207,407.17 obtained by PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 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 T SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff: It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION TRACT NO. 1 ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of Legislative Route 21001; thence North 23 degrees 17 minutes West and along lands now or late of M. R. Wingert 582.70 feet to a point; thence North 66 degrees 43 minutes East 363.15 feet to a point; thence South along the eastern side of a 25 feet wide private right of way and along lands now or late of J. S. Sease 23 degrees 17 minutes East 538.29 feet to a point in the center of Legislative Route 21001; thence through the center of said Legislative Route South 59 degrees 49 minutes 30 seconds West 365.85 feet to a point, the place of BEGINNING. SUBJECT to a twenty-five (25) feet wide private right of way for the use of ingress and regress for properties abutting thereon, which extends along the easternmost 25 feet of the tract herein conveyed and as shown on Plot Plan recorded herewith. UNDER AND SUBJECT to restrictions set forth in Deed Book 25, Volume 'B', Page 785. BEING the same property which Howard V. Shahan, single man, by deed dated March 29, 1973, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 25, Volume `B', Page 785, granted and conveyed unto Robert L. Windemaker and Betty Jane Windemaker. The said Robert L. Windemaker a/k/a Robert L. Windemaker, Sr. died on August 21, 2001, thereby vesting the entire fee ownership in his surviving spouse, Betty Jane Windemaker, grantor herein. TRACT NO.2 ALL THAT CERTAIN lot or piece of ground situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point, which point is 538.29 feet Northwest of Legislative Route No. 21001 and the Northeast corner of a private right of way; thence along land formerly of Howard Shahan, now or formerly of Robert L. Windemaker and wife, South 66 degrees 43 minutes West 363.15 feet to a point; thence North 23 degrees 17 minutes East 90 feet to a point and along land now or late of M. R. Wingert; thence South 66 degrees 43 minutes West 59.60 feet to a point; thence along land now or late of W. L. Forney, North 23 degrees 17 minutes West 150 feet to a point; thence along land now or late of J. L. Shaeffer, North 66 degrees 43 minutes East 422.75 feet to a point; thence South 23 degrees 17 minutes East 240 feet to a point, the place of BEGINNING. BEING the same property which Walter E. Kuntzelman and Betsy Ann Kuntzelman, his wife, by deed dated April 10, 1974, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 25, Volume `O', Page 535, granted and conveyed unto Robert L. Windemaker and Betty Jane Windemaker. The said Robert L. Windemaker a/k/a Robert L. Windemaker, Sr. died on August 21, 2001, thereby vesting the entire fee ownership in his surviving spouse, Betty Jane Windemaker, grantor herein. Being Parcel # 21-04-0371-042A and 21-04-0371-038 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Ryan C. Pifer and Ginger K. Pifer, husband and wife, by Deed from Betty Jane Windemaker, a/k/a Betty J. Windemaker, widow, dated 12-04-03, recorded 12-08-03 in Deed Book 260, page 3576. PREMISES BEING: 7516 WERTZVILLE ROAD, CARLISLE, PA 17013 c ' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1163 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE, Plaintiff (s) From RYAN C. PIFER AND GINGER K. PIFER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $207,407.17 L.L. Interest FROM 4/14/06 TO 6/13/07 (PER DIEM - $34.09) - $14,522.34 AND COSTS Atty's Comm % Atty Paid $154.00 Plaintiff Paid Due Prothy $1.00 Other Costs Date: DECEMBER 12, 2006 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Curtis . Long, Pr otaryBy: Deputy Address: PHELAN HALLINAN AND SCHMIEG, L.L.P. 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, f/k/a Era Mortgage VS Ryan C. Pifer and Ginger K. Pifer In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-1163 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriff s Costs: Docketing $30.00 Poundage 100.00 Prothonotary 1.00 Mileage 5.28 Levy 30.00 Surcharge 40.00 z l s ?D 7 / . $ 206.28 f So Answers: ?? R. Thomas Kline, Sheriff BY< ?J Real Estate rgeant 5 ? y o? lYBg?? FUH MORTGAGE CORPORATION, FWA ERA MORTGAGE Plaintiff, V. RYAN C. PIFER GINGER K. PIFER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-1163 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,7516 WERTZVILLE ROAD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name RYAN C. PIFER GINGER K. PIFER Last Known Address (if address cannot be reasonably ascertained, please indicate) 7516 WERTZVILLE ROAD CARLISLE, PA 17013 7516 WERTZVILLE ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Members 1st Federal Credit Union 5000 Louise Drive, Mechanicsburg, PA 17055 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 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 7516 WERTZVILLE ROAD CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 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 unworn falsification to authorities. December 6. 2006 A . DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff _? .. PHH MORTGAGE CORPORATION, FIKIA ERA MORTGAGE Plaintiff, V. RYAN C. PIFER GINGER K.: PIFER Defendant(s).. CUMBERLAND COUNTY No. 06-1163 December 6, 2006 TO: RYAN C. PIFER 7516 WERTZVILLE ROAD CARLISLE, PA 17013 GINGER K. PIFER 7516 WERTZVILLE ROAD CARLISLE, PA 17013 "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 BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY.' Your house (real estate) at , 7516 WERTZVILLE ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $207,407.17 obtained by PHH MORTGAGE CORPORATION, F/KIA ERA MORTGAGE (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 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.) 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff.. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1163 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PHH MORTGAGE CORPORATION, F/K/A ERA MORTGAGE, Plaintiff (s) From RYAN C. PIFER AND GINGER K. PIFER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $207,407.17 L.L. Interest FROM 4/14/06 TO 6/13/07 (PER DIEM - $34.09) - $14,522.34 AND COSTS Atty's Comm % Atty Paid $154.00 Plaintiff Paid Date: DECEMBER 12, 2006 Due Prothy $1.00 Other Costs - 11 ?9?0 Curt' . Long, onota (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN AND SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 By: Deputy Supreme Court ID No. 62205 Real Estate Sale # 01 On January 8, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Middlesex Township, Cumberland County, PA Known and numbered as 7516 Wertzville Road, Carlisle, Middlesex Township, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: January 8, 2007 By: Real Estat Sergeant 0 TRACT NO. 1 ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of Legislative Route 21001; thence North 23 degrees 17 minutes West and along lands now or late of M. R. Wingert 582.70 feet to a point; thence North 66 degrees 43 minutes East 363.15 feet to a point; thence South along the eastern side of a 25 feet wide private right of way and along lands now or late of J. S. Sease 23 degrees 17 minutes East 538.29 feet to a point in the center of Legislative Route 21001; thence through the center of said Legislative Route South 59 degrees 49 minutes 30 seconds West 365.85 feet to a point, the place of BEGINNING. SUBJECT to a twenty-five (25) feet wide private right of way for the use of ingress and regress for properties abutting thereon, which extends along the easternmost 25 feet of the tract herein conveyed and as shown on Plot Plan recorded herewith. UNDER AND SUBJECT to restrictions set forth in Deed Book 25, Volume `B', Page 785. BEING the same property which Howard V. Shahan, single man, by deed dated March 29, 1973, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 25, Volume `B', Page 785, granted and conveyed unto Robert L. Windemaker and Betty Jane Windemaker. The said Robert L. Windemaker a/k/a Robert L. Windemaker, Sr. died on August 21, 2001, thereby vesting the entire fee ownership in his surviving spouse, Betty Jane Windemaker, grantor herein. TRACT NO. 2 ALL THAT CERTAIN lot or piece of ground situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point, which point is 538.29 feet Northwest of Legislative Route No. 21001 and the Northeast corner of a private right of way; thence along land formerly of Howard Shahan, now or formerly of Robert L. Windemaker and wife, South 66 degrees 43 minutes West 363.15 feet to a point; thence North 23 degrees 17 minutes East 90 feet to a point and along land now or late of M. R. Wingert; thence South 66 degrees 43 minutes West 59.60 feet to a point; thence along land now or late of W. L. Forney, North 23 degrees 17 minutes West 150 feet to a point; thence along land now or late of J. L. Shaeffer, North 66 degrees 43 minutes East 422.75 feet to a point; thence South 23 degrees 17 minutes East 240 feet to a point, the place of BEGINNING. BEING the same property which Walter E. Kuntzehman and Betsy Ann Kuntzelman, his wife, by deed dated April 10, 1974, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 25, Volume `O', Page 535, granted and conveyed unto Robert L. Windemaker and Betty Jane Windemaker. The said Robert L. Windemaker a/k/a Robert L. Windemaker, Sr. died on August 21, 2001, thereby vesting the entire fee ownership in his surviving spouse, Betty Jane Windemaker, grantor herein. Being Parcel # 21-04-0371-042A and 21-04-0371-038 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Ryan C. Pifer and Ginger K. Pifer, husband and wife, by Deed from Betty Jane Windemaker, a/k/a Betty J. Windemaker, widow, dated 12-04-03, recorded 12-08-03 in Deed Book 260, page 3576. PREMISES BEING: 7516 WERTZVILLE ROAD, CARLISLE, PA 17013 H :E c S I 3',1 °C2Z