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Home My WebLink About00-01799 KERRY S. SCHUMAN, ESQUIRE I.D. NO. 40352 JAFFE, FRIE])MAN, SCHUMAN, SCIOLLA NEMEROFF & APPLEBAUM,P.C. 7848 Old York Road, Suite 200 Elkins Park, PA 19027 (215) 635-7200 Attorney for Plaintiff ALLFIRST BANK f!kla FIRST NATIONAL MORTGAGE a/kIa FIRST NATIONAL BANK OF MARYLAND 7495 New Horizon Way Frederick, MD 17055 V. CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 00 - r19? Ct;L CT~ DAVID M. CHERRY a/kIa DAVID MICHAEL CHERRY AND DANA L. CHERRY 606 Allenview Drive Mechanicsburg, P A 21703 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. Y Oil may lose money or property or other rights important to you. YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 1-800-990-9108 1"" . " . ~" ~-~~~ =-~ H:\DATA\HOMEIJGEFTMAN\ALLFIRSJiCHERRY\COMPLAIN. 3/15/00 KERRY S. SCHUMAN, ESQUIRE J.D. NO. 40352 JAFFE, FRIEDMAN, SCHUMAN, SCIOLLA NEMEROFF & APPLEBAUM, P.C. 7848 Old York Road, Suite 200 Elkins Park, P A 19027 (215) 635-7200 Attorney for Plaintiff ALLFIRST BANK flk/a FIRST NATIONAL MORTGAGE alk/a FIRST NATIONAL BANK OF MARYLAND 7495 New Horizon Way Frederick, MD 21703 CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 0-0- /799 CWJ I~ V. DAVID M. CHERRY alk/a DAVID MICHAEL CHERRY AND DANA L. CHERRY 606 Allenview Drive Mechanicsburg, P A 17055 COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is Allfirst Bank, f/k/a First National Mortgage, a/k/a First National Bank of Maryland, which is a banking corporation, having its principal place of business at 7495 New Horizon Way, Frederick, MD 21703. 2. Defendants are David M. Cherry, a/kIa David Michael Cherry and Dana L. Cherry, who are adult individuals presently residing at 606 Allenview Drive, Mechanicsburg, PA 17055. 3. On or about June 19, 1996, said Defendants made, executed and delivered a Mortgage upon the premises, 606 Allenview Drive, Mechanicsburg, P A 21703 more particularly described in Exhibit "A," which is attached hereto and incorporated by reference herein as though fully set forth at length, to First National Mortgage Corporation, hereinafter called "Mortgagee," which Mortgage is recorded in the Office of the Recorder of Deeds of the County of Cumberland in Mortgage Book No. 1327, Page No. 578, and the terms of which are incorporated by reference herein as though fully set forth at length. ., ~ , 1 H\DATA\HOME\JGEFTMAN\ALLFIRST\CHERRY\COMPLAIN. 3/15/00 4. The Mortgage was last assigned to First National Mortgage by written assignment, which is recorded in the Office of the Recorder of Deeds for the County of Cumberland in Assignment of Mortgage Book No. 568, Page No. 173, & c., and the terms of which said Agreement are incorporated by reference as though fully set forth at length. First National Mortgage is now known as Allfirst Bank. 5. A description of the land and premises subject to the said Mortgage is set forth in Exhibit "A" attached hereto and incorporated by reference herein as though fully set forth at length. 6. The monthly payment on account of amortization of the principal ofthe Note secured by said Mortgage, interest on the Note secured by said Mortgage and other items set forth in said Mortgage, such as fire insurance and mortgage insurance due on November 1, 1998, and on the first of each month thereafter, are due and have not been paid. 7. As a result of Defendants' nonpayment, the said Mortgage is in default and the entire principal of said Note and all interest due thereon, together with late charges, mortgage insurance premium, attorney's commission for collection, and other items as set forth in said Mortgage and Note, are now due and payable. A true and correct copy of said Note is attached hereto as Exhibit "B," the terms of which are incorporated by reference herein as though fully set forth at length. 8. On July 15, 1999, a letter was sent to Defendants, advising of Plaintiffs intent to accelerate the loan within thirty (30) days. A true and correct copy of said letter is attached hereto as Exhibit "C." This transaction is exempt from Act 6 of 1974, 41 P.S. 401 et. seq. since the principal balance exceeds $50,000.00. 9. Notice under the Homeowners Emergency Mortgage Assistance Act, Act 91 of 1983 is not required because the loan is a HUD Mortgage. 2 -'"'~ , . " H:\DATAIHOME\IGEFTMAN\ALLFIRSliCHERRY\COMPLATN. 3/15/00 10. The following amounts are now due and payable: Principal of Mortgage Debt Due and Unpaid 95,142.06 Late Charges to 2/29/00 at $34.44/mo. 659.60 Interest from 10/1/98 to 2/29/00 at $20.85/diem 10,686.84 Attorney's Commission for Collection 4,757.10 Information Search & Cost of Suit 550.00 Inspections/Appraisals (VA) 450,00 Escrow/Deficit (include inspections) Monthly Escrow Amount: $151.08 2,266.20 NSF Charges 40.00 Advances 236.00 Recording Fees 14.00 Amount Due $114.801.80 WHEREFORE, Plaintiff demands judgment for the amount due of $114,801.80, plus per diem interest at $20,85, late charges at the rate of $34.44 per month, escrow deficits at $151.08 per month and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage, and for the foreclosure and sale of the subject premises. JAFFE, FRIEDMAN, SCHUMAN, SCIOLLA, ~~2L~:PC KERRY S. SCHUMAN, ESQUIRE Attorney for Plaintiff 3 -"'0,;, , , ~~ 03/eV00 :"1::"0 ND.414 [102 VERIFICATION I, MARSHA JONES, hereby state that I am a duly authorized agent for the Plaintiff in this action and verify that the statements made in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C,S,g4904, relating to unsworn falsification to authorities. ~~ MARSHA JONES DATE: 3-9' - DO 1'\ \OATA\!'IOMfilJct::mUlNV>.LLt:1kSTlCR1!:U,l'IV!i.R,fF MAR 01 2000 11:14 PAGE. 02 . ,~ ,-Y"', _ '--"-~ "' DESCRIPrION ALL THAT CERTAIN piece or parcel of land Situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a Plan by Rogers and Frederick dated November 19, 1984, as follows, to wit: ALL that land in Stage III, Section C, Townhouse Plot No.7, being more particularly described on said Plan as recorded in Plan Book 46, page 133 and being designated on said Plan as Lot No. 7-D, and also known as 606 Allenview Drive, Mechanicsburg, Pennsylvania 17055. BEGINNING at a point on the Northwest comer of Lot #7-C, said point of beginning being referenced the following coursed and distance from a point on the Western side of Allenview Drive, at line of A11enview, Stage III, Section B: (1) North 75 degrees 17 minutes East, a distance of 35.04 feet; (2) South 14 degrees 41 minutes East, 15.16 feet; and (3) North 75 degrees 19 minutes East, a distance of 62,66 feet to the point and place of beginning; thence North 75 degrees 19 minutes East, a distance of 20.84 feet to a point; thence along line of Lot #7-E, South 14 degrees 41 minutes East, a distance of 57.50 feet to a point; thence South 75 degrees 19 minutes West, a distance of 20.84 feet to a point; thence along line of Lot #7-C, North 14 degrees 41 minutes West, a distance of 57.50 feet to a point, the place of beginning. ." ~ Tax Parcel # 42-28-2423-356 1,:'" i?Y!lI;J ;1 /;-9' ?/ "-""'~ ~" -- """",,,~~~~ , ~~-" " _]om ~ ~""""_'~""'""",,' ." P'orm .~338ft. (HOMe La...) 1'I.Y1Md March :1"'8. U_ CD- 110nal S\lIIctIe" 1.10. TltI\lII 38. lI.S.C. Ac~DI. 10 Pel!:l\lll,\lIIJ Na- tional Mortoaoe ~1!!lDc:il&tlg., (Am.nd8d Feb.. 1991) \........; -, PENNSYLVANIA c... '" 0508487 Laa,,"" 109502379 MORTGAGE NOTE e~v' q() 10//1&<:)- NOTICE: THIS LOAN IS NOT ASSUMABLE WrfHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORlZED AGENT. $ 96,750.00 FOR VALUl! RECEIVED, the undersigned, HAFlFlISBURG 'June 19 DAVID MICHAEL CHERRY and DANA L CHERRY , hereinafter called the Maker. promises to pay to , Pennsylvanla. 1998. FIRST NATIONAL MORTGAGE CORPORATION d , or or er. a corporation orsaaJzed and existing under the laws of THE STATE OF MARYLAND hereinafter d""ipated as the Payee, the prindpalsum of NInety Six Thousand Seven Hundred FIfty and nO/100 Dollars ($ 98,750.00 ), with interest from date at the rate of Eight per """tum (B.Oqo %) per annum. Oil the unpaid balance uatil paid. The said principal and interest shall be payable. at the office of FIRST NATIONAL MORTGAGE CORPORATION in Glen Bumle. Maryland 21060 at 8704 Curt" Court ar such place as the holder m.y designate ill writing in monthJy Installmen15 Qf Seven Hundred Nine and 92/100 ' 1 Dollars ($ 70rl.92 ), eommenang on the first day of August ,1996 t and on th first day of each month ~ercaftcr until the principal and interest arc fully paid., except that the final payinent of the entire. indcl;ltedness evidenc;ed hereby, if not sooner paid, shall be due and payable on the IIrst day of July, ' , ',' 2028. Privilege is reserved to prepay at any time, without premaum.. or fee, t~e'.eDtir~1D~c6tCdiies's.~.. any Par't thereof not Jeas thaD the amOUD.t of OdC idstallmeat, or Oue Hundred DoJIars ($100.0Q)', wbiCb.~.'. is Jess,. Pf,cp,ayment in full shall be credited OD the elate received. 1"artiaJ prepayment, other than on sri: iDsi:ii.umeot due date~ need Dot be. ~edited until the next CoUowing iastallmeat due date or thirty days after sueb. prepayment. whi~cver: is earlier. .... . IJ . . ..- Simul.....eously with the _ution of this Note the Maker has, ~"~c:1ited and delivered to the Payee a Mortgage sec:ured upon certain premises situated in tbe County of CUMBERLAND' ' , Commonwealth of Pennsylvania. more particularly described. in the Mortgage. All of the terms. COVeDaDts, provisions, conditioos, stipulations and agreements contained in said Mortgage to be kept aod performed by the Maker are hereby made a part of this Note to the same extent and with the same roree aad effect as if they were fully set forth herein, and the Maker covenants and agrees to pe..fol'lD the same, or cause the same to be kept and performed. strictly in ac.cordance with the terms and provisioDS thereof. ... .. ' The whole of the principal sum or aDY part thereof, and of any other sums of money secure~ by the. Mortgage given to secure this Note, shall, forthwith, at the option of the Payee or any subsequent holder .thereof, b~me due,~d. payable immediately, without DoUce or demand, if default be made in any payment under this Note. and if the default is not made good prior to the due date or the next GUch iD.stallmeilt; or upon the happening of any default which. by the terms or the Morlgase gi~n to secure this Note, sball entiUe the Payee, or any subsequC!~~ ~oldeJ' hereof. to ded":U'e the sa~e, or any part thereof, to be due and payable. . The Make.r docs hereby empower an)' attoruey of allY court of record within the United Statcs or elsewhere to appear for M.ltker. with or without a declaratioll filed, and confess judgJnent or judgmenu asa.mst said Maker in favor of the Payee or any .ubsequeat holder hereo~, as of any tenn, rot the entire unpaid principal of this Note, and all other sums paid by t.he halder to or aD behalf of the Maker pursuant to the terms of this Note or said Mortgage" and all anearages of interest thereon, together with C(J$t.s or suit,. attOJ"'J1ey's t:OnuDissioD of $.00 % for collection, . and a release of all e....ors. on whicb judgment execution or executiODS may issue forthwith. The ~er hereby waives the right if inquisition on. all ptaperty levied UpoD. to collee! the iilde.btcdness evidenced hereby and do" volUdtarily c;:ondCIDD the same and authorizes the Prothonotary to enter such condemnation" and waives and releases aU laws. now in force or hereafter enacted, relating to exemptio~ appraisement or stay of execution. . The agrCCDJc;.D.t8 herein contained shall bind, and the benefits and a<kta,ntages shall inure t~ tbe respective successors and aaa;gns of the parties hereto. Wberever usect the singular Dumber shall include the plural. the plural the singular. and the use of any gender shall be applicable to aU genders. .tN WlTrollSSS 'WHERE.OP. tbe Maket' has caused these prcscnl$ to be executed under seal the day aDd year f-'rst above written. ~~;/ ~>"L.up" e~_~_;Y ~~M'CHA~LnC~lRY , ~ ~'- OAArr DANA L C RRY (Seal) (Seal) (Seal) ___(S~.BI) Signed. Sealecl and Delivered in the Presence of: ~,,~ ).7/1/I?'~ NOTARIAL SEAL CARRIE E. COOK, Notary Public HArrisbUrg. Dauphin county My Commission Exp,res Aug, 8. 1998 :b ?IZ.!.S>:'9SIZ16 O.L 28>:'>:'6Z>:'P0.!.!l14~~3:1300'fJ.L~ CJ~ , ,,,,~, ^, F"_" g of e~ da~~ I:ere'''.ith secureJ ,Co o~.cr"e,utS)'l\llir.io', 'lHIS IS TO CERTIFY that this is the Note described' on real estate sltuateclln CUMBERLAND otiil)' ~i.~. FMB . P.'~. (OIJ96) " " I2:SI 666I >:'0 ()ON ._~ _ .""...'" J .~ ~ ~ allflrst AIHlrat a.,." 7..5 N:~ ".,.lun w_ Pre..lek. Mb 217D3 July 15, 1999 David Michael cherry Dana L Cherry 606 Allenview Dr Mechanicsburg PA 17055 1083004521 Re: Allfirst (the Mortgagee) Loan Number 1083004521 Dear Borrower(s): Our records indicate that your loan is in default. Unless the payments on your loan can be brought current by August 14, 1999, it will become necessary to accelerate your Mortgage Note and pursue the remedies provided for in your Mortgage or Deed of Trust. The total delinquency against your account as of today's date is as follows: Past Due Paymentls)........................$ 7,749.00 Late Charge Balance............... "....... 240.28 Other Fees.........................:."..... . 00 Credit Balance......................... ","' (493.56 Total Delinquency as of 07-15-99....... .... 7,495.72 Payments due in next 30 days................ 861.00 TOTAL DUE TO CURE DEFAULT AND BRING 8,356.72 LOAN CURRENT AS OF August 14, 1999 Your failure to pay this delinquency, plus additional payments and fees that may become due, will result in the acceleration of your Mo~tqage Note. Once acceleration has occurred, a foreclosure action, or any other remedy permitted under the terms of your Mortgage or Deed of Trust, may be initiated. You have the right to reinstate your Mortgage Note and Mortgage or Deed of Trust after acceleration. However, any future negotiations attempting to reinstate your loan Or any payment of less than the full amount due shall not constitute the Mortgagee's waiver of the acceleration unless agreed to, in writing, by the Mortgagee and may be returned. If foreclosure is initiated, you will have the right to refute the existence of a default or any other defense to acceleration you may deem appropriate. ~ ~0/70'rl ?T?IS('QQ?T6 rll (,8(Tfi(,('t'01~ O:;~I r (l>--l~C\ ::;r)Htll :>-in(,1 ~ ~ ~? T T ~_c_~. T c.n i"lnt-J -"", ,"" ** ~O'3~~d l~lOl ** .- f'-" , Loan No. 1083004521 July 15, 1999 Page Two To avoid the possibility of acceleration, you must pay $ $ 7,495.72 8,356.72 by JUly 31, 1999, 2:00 p.m., Eastern Time by August 14, 1999, 2:00 p.m., Eastern Time in CERTIFIED funds to: Allfirst Attn: Cashiering Department 7495 New Horizon Way Frederick, MD, 21103 If funds are not received by the above stated time, we will proceed wieh acceleration. We are required by Federal Law to notify you of the availability of government approved home ownership counseling agenciea designed to help homeowners avoid losing their home. To obtain a list of approved counseling, ~gencies for. your 'state, please call 1-800-569- 4287. We urge you to give this matter your immediate attention. If you would like to discuss the present condition of your loan, or if we can be of further assistance, please call our Loan Service Representatives at, 800':'995~7407 ,: Monday through Friday, 9:00 11M to 6:00 I'M"Eastern Time. The Fair Debt Collection Pr~ctices Act requires us to notify you that in the event your loan"is in default, the Mortgagee will attempt to collect this, debt any information obtained will be used for that purpose. Sincerely, Jude T. walsh Allfirsc Default Management Department BIUOl/6MY C"Vl/C'C1'~ ?T?H:;C'C1C;T?Th nl ?R('('h?C'PV\'> C.~1111>..r:~c ":lC'\H(1I~n\,1 '>,LJ C":".TT CCCT c:n ,-,0~' - ~ " T ,- . "'-'" '.' ,,~ ~--_. -~-~. - "' -~ . 1t ~ "9- r- ~ Cr[~ 8 ~ !') vt . . f& 0 8 a 8 >=> 0 ~ s= <::> -n tV r f I vcr" 3: '-1 m_.J ~ i:~~J1 fT1 :;0 - f!~ ~::\"J i'V -<'"-s::,- '::.;m - (J) '-. W ~'i]CJ -<'--. r-6 '--, 1 ,-::~(.} ')i:: -U r -" ~ 20 -- .?-i:n ~ 5>0 ~;.O 'C ~ otl1 ~ ".. ~ '0 ;u -< ,_~ ~ ~, -..ul(llll!ll!l! !i."""3'~Pl!J'11"'i""~~""""!''f!!'C''lO;~'!'j~~WIl1Jl~~~~U':~!!f!! ~. c. H:\JGEFI'MAN\M&T MORTGAGE\CHERRY 940.003 moved from Allfirst 5-3-04\9-8-04 writ.wpd JAFFE,FRiED~N,SC~ SCIOLLA, NEMEROFF, & APPLEBAUM, P.C. BY: KERRY S. SCHUMAN, ESQUIRE Attorney I.D. #40352 Suite 200 7848 Old York Road Elkins Park, P A 19027 (215) 635-7200 Attorney for Plaintiff ALLFIRST BANK f/k/a FIRST NATIONAL MORTGAGE a/k/a FIRST NATIONAL BANK OF MARYLAND v. Court of Common Pleas Cumberland County No. 00-1799 DAVID M. CHERRY a/k/a DAVID MICHAEL CHERRY and DANA L. CHERRY PRAECIPE FOR WRiT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Subtotal $124,969.76/ $ 26.291.20 $151,260.96 Amount due Interest from 3/8/01 to 9/8/04 @$20.54/diero (Costs to be added) $ JAFFE, FRIEDMAN, SCHUMAN, SCIOLLA, NEMEROFF & APPLEBAUM, P.C. Sy 6vJL KE Y S. SCHUMAN, ESQUIRE 7848 Old York Road, Suite 200 Elkins Park, Pa. 19027 (215)635-7200 _ '_." 0 ".~, ~, . -,- ""~~ ". ." t-- ~ ~,- - -, ",-,-. ~ ~ "'~ Ji .... ~ .... ~ tl- N " oC'. ' \ ...... " \ <. i . , '~~ o c: ...,.5: rK LlJ ~f; ~f~; ~fj - c: 7' ~ -- -w. ,,,!,III' .....11' . ~ '" = = or:- :x > -< o "11 :i:!~,' rn= .-- -nm ~6 I,i ('J::D 7'0 om ;:;l :0 -< -.J -0 ::f~ w .. r- o -, ~ ~~,~l~ -,,~~ ~..,,""~ ~ -,--~-, "". ~ g!1f!1 ~ .... DESCRIPTION ALL THAT CERTAIN piece or parcel of land Situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a Plan by Rogers and Frederick dated November 19, 1984, as follows, to wit: ALL that land in Stage III, Section C, Townhouse Plot No.7, being more particularly described on said Plan as recorded in Plan Book 46, page 133 and being designated on said Plan as Lot No. 7-D, and also known as 606 Allenview Drive, Mechanicsburg, Pennsylvania 17055. BEGINNING at a point on the Northwest comer of Lot #7-C, said point of beginning being referenced the following coursed and distance from a point on the Western side of Allenview Drive, at line of Allenview, Stage III, Section B: (1) North 75 degrees 17 minutes East, a distance of35.04 feet; (2) South 14 degrees 41 minutes East, 15.16 feet; and (3) North 75 degrees 19 minutes East, a distance of 62.66 feet to the point and place of beginning; thence North 75 degrees 19 minutes East, a distance of20.84 feet to a point; thence along line of Lot #7-E, South 14 degrees 41 minutes East, a distance of 57.50 feet to a point; thence South 75 degrees 19 minutes West, a distance of 20.84 feet to a point; thence along line of Lot #7-C, North 14 degrees 41 minutes West, a distance of 57.50 feet to a point, the place of beginning. Tax Parcel # 42-28-2423-356 o ~ <- ;Herr {J? ~(-~ :f:r~' !f;i'i ,- ~ ::;;f <:::> <:"- C) ~ ~ Sf? ~ 5! -< mpg ::; :& IE " Q6 ~ ei1f /C) c1in b! :5 -< ,-.". "-^<, _ x-,,~ ,'"_ " " ~~ I II , I .._'0 - ~'. ~., - , . ,"> - l!'~ )~,,;, ---.. U"\ Q ~ ~ --1' t>' ~ 0- J -J .......j -- .--.. _ 0 :) ~ x, -. va ~ ~ <?', ~~ ,..0 S9 <:\~ t' , ~ Jj ,..., ~ 6 cA C> 1",",",""':- -, '~" _ " ,-, --""'--"'--><<' "m~ __~JIWII~._ _,_","",,-ilII ~ ~- _.".,.!"jIl\Ilfflffill'iL_ WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 00-1799 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ALLFIRST BANK f'lk/a FIRST NATIONAL MORTGAGE a/k/a FIRST NATIONAL BANK OF MARYLAND Plaintiff (s) From DAVID M. CHERRY aIkIa DAVID MICHAEL CHERRY AND DANA L. CHERRY, 606 ALLENVlEW DRIVE, MECHANlCSBURG P A 17055. (I) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 606 ALLENVIEW DRIVE, MECHANICSBURG P A 17055 (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 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 $124,969.76 Interest 3/8/01 TO 9/8/04 @ $20.54 per diem = Atty's Corum % L.L. $26,291.20 Due Prothy $1.00 Other Costs Atty Paid $1,567.30 Plaintiff Paid Date: MAY 17, 2004 (Seal) CURTIS R. LONG Proth By: REQUESTING PARTY: Name KERRY S. SCHUMAN, ESQ Address: 7848 OLD YORK RD., STE 200 ELKINS PARK PA 19027 Attorney for: PLAINTIFF Telephone: (215) 635-7200 Supreme Court ill No, 40352 ~ ,~_~~_, J ~ "- ". ~~ '" . .. . Tl UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: David M. Cherry aIkIaDavid Michael Cherry Dana L, Cherry Debtors CHAPTER 13 BKNO: I 02.06576MDF ORDER MODIFYING SECTION 362 AUTOMATIC STAY AND NOW, this '2~day of ~ ' ,2004, upon Motion of M&T Mortgage Corporation as Servicer for the Mortgagee of Record (Movant), and the filing of a Certification of Default, it is ORDERED AND DECREED THAT: The Automatic stay of all proceedings, as provided by 11 U.S.C.362 is modified with respect to premises, 6Q6 Allenvlew Drive, Mechanicsburg, PA 17055, as to allow the Movant to foreclose on its mortgage and ' allow the purchaser of said premises at Sheriff's Sale (or purchaser's aSsignee) to take any legal or consensual action for enforcement of its right to possession of, or tille to, said premises; and it is further ORDERED AND DECReeD THAT: Rule 4001 (aX3) is not applicable and M&T Mortgage Corporation as Servicer for the Mortgagee of Record may,immedlately enforce and implement this order granting Relief from the Automatic Stay. M'~~~ cc: Judith T. Romano, Esquire Suite 14001 One Penn Center at Suburban Stalion Philadelphia, PA 19103-1814 Charles J. DeHart. IIi, Esquire (Trustee) P.O. Box 410 Hummelstown, PA 17036 FILED HARRlGBURG PA James K. Jones, Esquire 7 Irvine Row Carlisle, PA 17013 FEB 2 5 2004 ~ Cleric, U.S. Bankruptcy Court David M. Cherry a/Wa David Michael Cherry Dana L. Cherry , 606 AJlenview Drive Mechanicsburg. PA 17055 I, '. ~~ 16 TOTAL P.02 H:\JGEFI'MAN\M&T MORTGAGE\CHERRY 940.003 moved from Alllim 5-3-04\9.8.04 writwpd WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180 to 3183 and Rule 3257 Allfirst Bank fi'k/a First National Mortgage : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COmITY, PENNSYLVANIA aJk/a First National Bank of Marvland : No. 00-1799 vs. David M. Cherry aJk/a David Michael WRIT OF EXECUTION (MORTGAGE FORECLOSURE) Cherry and Dana L. Cherry Commonwealth of Pennsylvania: County of Cumberland TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property (specifically described property below): 606 Allenview Drive Mechaoicsburg, P A 17055 (See legal description attached) Amount Due Interest from 3/8/01 to 9/8/04 @ 20.54/diem Subtotal $124.969.76 $ 26.291.20 , $151.260.96 Plus costs $ as endorsed. Dated Prothonotary, Common Pleas Court of Cumberland County, Penna. (SEAL) By: Deputy '~ -," . - ~ .,",'" ~ " ~ -- ~ , .~ ",-- - No. 00-1799 H;\JGEFTMAN\M&T MORTGAGE\CHERRY 940.003 moved from AllflI5t S-3-04\9-8.Q4 writ.wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Allfirst Bank a/k/a First National Mortgage a/k/a First National Bank of Maryland vs. David M. Cherry a/k/a David Michael Cherry and Dana L. Cherry WRIT OF EXECUTION (MORTGAGE FORECLOSURE) Costs Pro thy Paid $ Writ, Ret. & Sat. $ Total Cost $ JAFFE, FRIEDMAN, SCHUMAN, SCIOLLA NEMEROFF & APPLEBAUM, P.C. 7848 Old York Road, Suite 200 Elkins Park, PA 19027 (215) 635-7200 (215) 635-7212 FAX K=y S. S_. ,"quX~'!/f Address of Defendant (s) 606 Allenview Drive Mechanicsburg, P A 17055 Where papers may be served (') ...., 0 = c = -n ~: .;::- --r::Jr.--: :x ~.." ~~ ~'~~~ J> rn----- -< " r- z:c "9 UJ"~'" :n -..l 0 '-<-'~-~~ -'40 j-- .~- ;-'---' -u x.i ~fj o::!J ~~ 20 Pc: Cf? orn Z ~ =< s:- o -< -. ~, ,""" -...." -~..- _.'" '"., ~_ . ~iW!"l~'11!llfj;~_"":,,", ,~$.9'~WI!m~~I~~,~ ,,"-,'~1Im H:\JGEFIMAN\M&T MORTGAGE\CHERRY 940.003 moved from Allfirst 5-3-04\9-8-04 writ.wpd COUNTY OF CUMBERLAND SHERIFF'S OFFICE REAL ESTATE DEPARTMENT ALLFIRST BANK f7k/a FIRST NATIONAL MORTGAGE alk/a FIRST NATIONAL BANK OF MARYLAND v. Court of Common Pleas Cumberland County No. 00-1799 DAVID M. CHERRY alk/a DAVID MICHAEL CHERRY and DANA L. CHERRY CERTIFICATION AS TO THE SALE OF REAL PROPERTY I hereby certify that I am the Attorney of record for the Plaintiff in this Action against Real Property and further certify this Property is: _ F.H.A. - Tenant Occupied or Vacant Commercial _ As a result of a Complaint in Assumpsit _2L- That the Plaintiff has complied in all respects with Section 403 of the Mortgage Assistance Act including but not limited to: (a) Service of notice on Defendant(s). (b) Expiration of 30 days since the service of notice. (c) Defendant(s) failure to request or appear at meeting with Mortgagee or Consumer Credit Counseling Agency. (d) Defendant(s) failure to file application with the Homeowners Emergency Assistance Program. I further agree to indemnify and hold harmless the Sheriff of Cumberland for any false statement ~=~ , I L 6 s. SCHUMAN, ESQUIRE Attorney for Plaintiff Attorney LD. #40352 JAFFE, FRIEDMAN, SCHUMAN, SCIOLLA NEMEROFF & APPLEBAUM, P.C. 7848 Old York Road, Suite 200 Elkins Park, Pa. 19027 (215) 635-7200 ,"" ."'" ,-,~ ,~ -~ . , -- -~"~ ~,"'" ~ ...,."" ~- . "."_."'''-_ ,~~ -~"" ,~ ~-'''-,~~ -, '-""",,,,- Iii 0 '" = 0 c = -~ .c- TI :s.. ~~~Ii % :r :<>> nl:D -< r- zc- -om ~}~':~: -.I :oy c:::t::) 00 ~;(~S ::2 =f!-ri O::n -",,,, ";.'7("') Pc W Om ~ -I ~ )> 0 ~ !!';: 1I!~fi\'\'i~~ffllti'!m~~~_~ _..~,1~1~'@I!l~...~, ~,~I!!III ( ... H:\JGEFIMAN\M&T MORTGAGE\CHERRY 940.003 moved from Allfirst 5~3..Q4\9.8-04 writ.wpd JAFFE, FRIEDMAN, SCHUMAN SCIOLLA, NEMEROFF, & APPLEBAUM, P.C. BY: KERRY S. SCHUMAN, ESQUIRE Attorney I.D. #40352 Suite 200 7848 Old York Road Elkins Park, P A 19027 (215) 635-7200 Attorney for Plaintiff ALLFIRST BANK fi'k/a FIRST NATIONAL MORTGAGE a/k/a FIRST NATIONAL BANK OF MARYLAND v. Court of Common Pleas Cumberland Couoty No. 00-1799 DAVID M. CHERRY a/k/a DAVID MICHAEL CHERRY and DANA L. CHERRY AFFIDAVIT PURSUANT TO RULE 3129.1 Allfirst Bank fi'k/a First National Mortgage a/k/a First National Bank of Maryland, Plaintiff in the above action, sets forth as of the date that the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at: 606 Allenview Drive Mechanicsburg, P A 17055 (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") I, ,e,. .....,.. ,_"_,,,,_ _"_ ,_,0->0-'" ~, .< -' " c. ."...."'"',- ~~~~ , _ c ~ .--,-, "'1 "~~~ "_~'ffl'''''f' '" "' ,- -^-~~~~,,~--, ,-,,- ~"'ll ". ) 0 ....., = 0 C = ., s: J:" -r/(~G :Y. II.." ~W """ -< rl1p -om -J :O;? r-: ;::--. 0 -l -> < '".' It I 2:::,_k_- -0 o:Il ~; ij -"'.. -7() C Y? o'm ? -l ~:;J ..,.. ~ "'" 0 '< ~"""~~~~~"'~~i' ---~""'-~-~!lM! , ' I " H:IJGEFTMAN\M&T MORTGAGE\CHERRY 940.003 moved from Allfirst 5-3.04\9.8.04 writ.wpd 1. Name and address ofOwner(s) or Reputed Owner(s): David M. Cherry a!k/a David Michael Cherry Dana L. Cherry 606 Allenview Drive Mechanicsburg, P A 17055 2. Name and address of Defendant(s) in the judgment: David M. Cherry a!k/a David Michael Cherry Dana L. Cherry 606 Allenview Drive Mechanicsburg, P A 17055 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Pennsylvania Power & Light Company 1801 Brookwood Street Harrisburg, P A 17105 Upper Allen Township 100 Gettysburg Pike Mechanicsburg, P A 17055 Allenview Home Owners Association, Inc. 3512 Trindle Road Camp Hill, P A 17011 Allfirst Bank fi'k/a First National Mortgage a!k/a First National Bank of Maryland One Fountain Plaza - 6th Floor Buffa10,~ 14203 4. Name and address of the last recorded holder of every mortgage of record: A11first Bank fi'k/a First National Mortgage a!k/a First National Bank of Maryland One Fountain Plaza - 6th Floor Buffalo, ~ 14203 5. Name and address of every other person who has any record lien on the property: N/A 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: Cumberland County Domestic Relations Dept. 13 N. Hanover Street Carlisle, PA 17013 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 Commonwealth of Pennsylvania Dept. of Public Welfare Third Floor W Health & Welfare Bldg. Harrisburg, PA 17120 _"~ "" or ,_ " y~ ~--'-~.' ; - ~-"[, ... H:\JGEFfMAN\M&T MORTGAGE\CHERRY 940.003 moved from Allfust 5-3-04\9-8-04 writ.wpd 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: Marlin Y ohn 6 Hickory Lane Mechanicsburg, P A 17055 Upper Allen Township 100 Gettysburg Pike Mechanicsburg, P A 17055 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. til~.ESQUffiE Attorney for Plaintiff sir l/O 1.( DATE ' ^ :' ~ - ___~ , _~ . "n. ' ~ , " .." . . .i .'............ H;\JGEFfMAN\M&T MORTGAGE\CHERRY 940.003 moved from Allfirst 5-3-04\9-8-04 writ.wpd JAFFE, FRIEDMAN, SCHUMAN SCIOLLA, NEMEROFF, & APPLEBAUM, P.C. BY: KERRY S. SCHUMAN, ESQUIRE Attorney I.D. #40352 Suite 200 7848 Old York Road Elkins Park, P A 19027 (215) 635-7200 Attorney for Plaintiff ALLFIRST BANK f7k/a FIRST NATIONAL MORTGAGE a/k/a FIRST NATIONAL BANK OF MARYLAND v. Court of Common Pleas Cumberland County No. 00-1799 DAVID M. CHERRY a/k/a DAVID MICHAEL CHERRY and DANA L. CHERRY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN 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 ADEBT,BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: David M. Cherry a/k/a David Michael Cherry and Dana L. Cherry Your house at 606 Allenview Drive, Mechanicsburg, P A 17055 is scheduled to be sold at Sheriff's Sale on September 8, 2004, at 10:00 a.m., in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $124,969.76 plus legal interest obtained by A11first Bank f7k/a First National Mortgage a/k/a First National Bank of Maryland against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to Allfirst Bank f7k/a First National Mortgage a/k/a First National Bank of Maryland the amount of the judgment plus costs, the back payments, late charges costs and reasonable attorneys fees due. To find out how much you must pay, you may call Kerry S. Schuman, Esquire at (215) 635-7200. 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 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 bid price by calling Kerry S. Schuman, Esquire, at: (215) 635-7200. 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 ifthis has happened, you may call Kerry S. Schuman, Esquire, at (215) 635-7200. , ~ " .0._ .. .-.. H:\JGEFrMAN\M&T MORTGAGE\CHERRY 940.003 moved from Allfirst 5-3-04\9-8-04 writ.wpd 4. If the amonnt 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 a 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 on October 8, 2004. 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 October 8, 2004. 7. You may also have other rights and defenses, or ways of getting your house 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. THIS OFFICE CAN PROVIDE YOU WITH THE 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 ELlGmLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY COURT ADMINISTRATOR 4th Floor Cumberland County Courthouse Carlisle, P A 17013 (717) 240-6200 Very truly yours, KSS:srm JAFFE, FRIEDMAN, SCHUMAN, S~7/JAEMEROFF & APPLEBAUM, P.C. {::t S. Schuman '- ,. ."-",",, ,0"C,""-' c.-'-_" ~-', ". " , ' ., " ," A< ,~ ~, - ~, ~~o ,~, -, '~-, ,,.,,.,-- v,. ~~" -". -'~- "-, '" ", n'" "'~,,' o c Q)J~ ':::'>':.1 ,!,~ r - {jj,] ~i~, ~:C, .-:;::C. ..-C ;c: --i -c , "",' UI *'-, '). N = = "'" o "l1 :r! rn.:o r- -n rT1 :60 0(1. -;J "j"T o:i:l 7(') iSm -', >' .D -< ::w: :r_ ~: --.; -0 =~ ~ .g:- 1l~~lfffl~'"""-lO~~"_,~""",,,JIfJ~~'!".f~'I"'l~<MJj J ,m.lI!I~.1lIt! - .' ~ SHERIFF'S RETURN - REGULAR CASE NO: 2000-01799 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLFIRST BANK ET AL VS CHERRY DAVID M ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CHERRY DAVID M A/K/A the DEFENDANT , at 0020:11 HOURS, on the 27th day of March , 2000 at 606 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 by handing to DANA CHERRY a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 6.20 .00 10.00 .00 34.20 So Answers: ~~~,~ R. Thomas Kline 03/29/2000 JAFFE, FRI '\ , SCH Sworn and Subscribed to before By: me this /0 ~ day of 9.<.:O.zo.v.o A . D . ~"'... 0. k.lf'h. tA~tlrf I Prothonotar '11-j-.~ . ~'- , . ;. -<./ ( .. SHERIFF'S RETURN - REGULAR CASE NO: 2000-01799 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLFIRST BANK ET AL VS CHERRY DAVID M ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CHERRY DANA L the DEFENDANT , at 0020:11 HOURS, on the 27th day of March 2000 at 606 ALLENVIEW DRIVE MECHANICSBURG, PA 17055 by handing to DANA CHERRY a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 R. C~~:t:~p 03/29/2000 JAFFE, FRIED , Sworn'and Subscribed to before By: me this If) ~ day of ' ~.;26uo 'A.D. ~_a 7udP'1~ Prothonotar " JAFFE, FRIEDMAN, SCHUMAN, SCIOLLA NEMEROFF & APPLEBAUM, P.C. KERRY S. SCHUMAN, ESQUIRE LD. NO. 40352 7848 Old York Road, Suite 200 Elkins Park, PA 19027 (215) 635-7200 Attorney for Plaintiff ALLFIRST BANK flk/a FIRST NATIONAL MORTGAGE: a/kJaFIRSTNATIONALBANK OF MARYLAND V. CUMBERLAND COUNTY COURT OF COMMON PLEAS DAVID M. CHERRY a/kJa DAVID MICHAEL CHERRY: AND DANA L. CHERRY NO. 00-1799 ORDER TO ENTER JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in the above-noted matter in the amount of ONE HUNDRED TWENTY FOUR THOUSAND NINE HUNDRED SIXTY NINE and 76/200 ($124,969.76) DOLLARS in favor of the Plaintiff and against the Defendants, Defendants having failed to respond to the Complaint in Mortgage Foreclosure within the statutory period, TO THE PROTHONOTARY: ASSESSMENT OF DAMAGES Kindly assess damages as follows: Principal of Mortgage Debt Due and Unpaid Late Charges to 3/7/01 @ $34.44/mo. Interest to 3/7/01 @ $20.85/diem Attorney's Commission for Collection Information Search Inspections/Appraisals (y A) Escrow/Deficit to 3/7/01 @ $151.08 NSF Charges Advances Recording Fees Total 'I~T -~"" ' c $95,142.06 1,107.32 18,443.04 4,757.10 550.00 450,00 4,230.24 40.00 236.00 14.00 ~4'969.76 KERRY S. SCHUMAN, ESQUIRE Attorney for Plaintiff - JAFFE, FRIEDMAN, SCHUMAN, SCIOLLA NEMEROFF & APPLEBAUM, P.C. KERRY S. SCHUMAN, ESQUIRE !.D. NO. 40352 7848 Old York Road, Suite 200 Elkins Park, PA 19027 (215) 635-7200 Attorney for Plaintiff ALLFIRST BANK f/kla FIRST NATIONAL MORTGAGE: aIkIaFIRSTNATIONALBANK OF MARYLAND CUMBERLAND COUNTY COURT OF COMMON PLEAS V. DAVID M. CHERRY aIkIa DAVID MICHAEL CHERRY: AND DANA L. CHERRY NO. 00-1799 CERTIFICATION OF NOTICE I hereby certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, on April 17 , 2000, after the default occurred and at least ten (10) days prior to the date of filing this Praecipe, A copy of said notice is attached hereto as Exhibit "A." RRY S. SCHUMAN, ESQUIRE Attorney for Plaintiff = ..,-, , " - JAFFE, FRIEDMAN SCHUMAN, SCIOLLA, NEMEROFF & APPLEBAUM A PROFESSIONAL CORPORATION ~ ATIORNEYSArlAW ~ NEW JERSEY OFFICE 4390 U,S, ROUTE 1 NORTH PRINCETON, NJ 08540 (609) 279-9797 GARY JAFFE' PETER S. FRIEDMAN". ANTHONY j, SCIOLLA, JR, KERRY SCOIT SCHUMAN'" DAVIDA. APPLEBAUM. RORERT H. NEMEROFF DANIEL D. McCAFFERY" JON D, FOX EUGENE M. SCHLOSS, JR. JILL EVANTASH SCHUMAN"'. JEFFREY R. HOFFMANN.. BRIAN H. SMITH THOMAS A. NELSON, 111* MARLON R. GROEN'" SUITE 200 7848 OLD YORK ROAD ELKINS PARK, PA 19027 (215) 635,7200 TELECOPY (215) 635,7212 EMAIL JFSSNA.LAW@PRODIGYNET OF COUNSEL RICHARD j, MOLlSH ARTHUR SILVERy!AN OUR FILENO Q40 003 ......I.~) ..l,llMITTEllTO PRACTICE IN NJ . LL ~IIN TAX.-\Tl()N .,"'L:,\1AP~IITTEt)Tl)rRACT1CE IN FL NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT DATE: Apri117,2000 TO: Ms. Dana L. Cherry 606 Allenview Drive Mechanicsburg, PA 17055 RE: Allfirst Bank f7k/a First National Mortgage aJk/a First Natiional Bank of Maryland; V. David M. Cherry aJk/a David Michael Cherry and Dana L. Cherry; C.P. Cumberland County; No. 00-1799 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN TIllS CASE. UNLESS YOU ACT Wl1BIN TEN (10) DAYS FROM THE DATE OF TIllS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU wrrnOUT A HEARING AND YOU MAY LOSE YOUR PROPERlY OR OTHER IMPORTANT RIGHTS. YOU SHOUlD TAKE TIllS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNlY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9208 JAFFE, FRIEDMAN, SCHUMAN, SCIOLIA, APPLEBAUM & NEMEROFF, P.C, /l./ ' ,',/ //- ' ~7' -?~. . L'?""V~, '~" KERR'S. SCHUMAN, ESQUIRE cc: Allfirst Bank (#1083004521) ',"'"' ~ I ~ ,- JAFFE. FRIEDMAN SCHUMAN, SCIOLLA, NEMEROFF & APPLEBAUM A PROFESSIONAL CORPORATION GARY JAFFE'" PETER s. FRIEDNIAN~. ANTHONY J SCIOLLA, JR, KERRY SCOTT SCHUMAN';' DAVID A. APPLEBAUM. ROBERT H, NEMEROFF DANIEL D. McCAFfERY'" JON D.FOX EUGENE M. SCHLOSS, JR. JILL EVANTASH SCHUMAN". JEFFREY R. HOFFMANN. . BRI[\N H. StvUTI--[ THOMAS A. NELSON, lll';' MARLON R. GROEN" SUITE 200 7848 OLD YORK ROAD ELKINS PARK, PA 19027 (215) 635.7200 TELECOPY (215) 635.7212 NEW JERSEY OFFICE 4390 US. ROUTE I NORTH PRINCETON,;-JJ 08540 (609) 179-9i9i '" AITORNEYSATLAW '" OF COUN:5EL RICHARD j, ,10LlSH ARTHUR SILVER~v!AN OUR FILE NO 940.003 EMAIL JFSSNA.LAW@PRODIGY,NET ",....L~n :\ll~IITIElJ Tel PR:\CTICE IN NJ .I.L.\IINT.....X,o'TI(1N '.\L~(l -\llMITTEDTl' l'I\,"'CTlC~ IN FL NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT DATE; April 17, 2000 TO: Mr. David M. Cherry alk/a David Michael Cherry 606 Allenview Drive Mechanicsburg, PA 17055 RE: Allfust Bank f7k1a First National Mortgage alk/a First Natiional Bank of Maryland; V, David M. Cherry alk/a David Michael Cherry and Dana L. Cherry; C.P. Cumberland County; No. 00-1799 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAll..ED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTIlERIMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A IA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERlAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9208 JAFFE, FRIEDMAN, SCHUMAN, SCIOLIA, 1)PPLEBAUM & NEMEROFF, P,C, ~// RRY" S, SCHUMAN, ESQUIRE cc: Allfirst Bank (#1083004521) >,,~ L' -" JAFFE, FRIEDMAN, SCHUMAN, SCIOLLA NEMEROFF & APPLEBAUM, P.c. KERRY S. SCHUMAN, ESQUIRE I.D, NO. 40352 7848 Old York Road, Suite 200 Elkins Park, P A 19027 (215) 635-7200 Attorney for Plaintiff ALLFIRST BANK flk/a FIRST NATIONAL MORTGAGE: a1k/aFIRSTNATIONALBANK OF MARYLAND CUMBERLAND COUNTY COURT OF COMMON PLEAS V. DAVID M. CHERRY alk/a DAVID MICHAEL CHERRY: AND DANA L. CHERRY NO. 00-1799 AFFIDAVIT OF NON-MILITARY SERVICE KERRY S. SCHUMAN, ESQUIRE, being duly sworn according to law, deposes and says that he represents the Plaintiff in the above-entitled matter; that he is authorized to make this Affidavit on behalf of the Plaintiffs; and that the above-named Defendants are over 18 years of age; the address of Defendants is 606 Allenview Drive, Mechanicsburg, P A 17055, and the occupation of Defendants are unknown to Plaintiff; and Defendants are not in the Military Service of the United States, nor any State or Territory thereof, or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto, KERRY S. SCHUMAN, ESQUIRE Attorney for Plaintiff '''~''''.r ,. ~. . JAFFE, FRIEDMAN, SCHUMAN, SCIOLLA NEMEROFF & APPLEBAUM, P.C. KERRY S. SCHUMAN, ESQUIRE !.D. NO. 40352 7848 Old York Road, Suite 200 Elkins Park, P A 19027 (215) 635-7200 ALLFIRST BANK flk/a FIRST NATIONAL MORTGAGE: a/k/aFIRSTNATIONALBANK OF MARYLAND V. DAVID M. CHERRY alk/a DAVID MICHAEL CHERRY: AND DANA L. CHERRY Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 00-1799 CERTIFICATION OF ADDRESSES I hereby certify that the true and correct address ofthe Plaintiff is: 7495 New Horizon Way Frederick, MD 21703 I hereby certify that the true and correct address of the Defendants is: 606 Allenview Drive Mechanicsburg, P A 17055 '-. ,"- KERRY S. SCHUMAN, ESQUIRE Attorney for Plaintiff lij '" ~' "--, . '~ p-,'", "'''''<".' .",,-,..~'"' ,',- '111 z ~ ~ te,., 0 ~ ~ ~ (') 0 C a 0 -- ?' ''11 f: <..--. eX ~ LJeD <:::> :;j Co nllTj rrJ ..s:: ;=;::v ["') ;-"1# ~ ~ /H.[ . --,rn -(...0 L"- -.:)0 -, -<7- N :5 ~ VJ ~:::;:~ C)l,L -'-.-' ,-"-i...J 0 .b ~(~ L1 "r-ri :J!: --<) -n ~'-' L:.O -1 -c} ry t >c: O,lT) z ,:.v j;! --I -< ::0 -< k "._~.-...'- ......~~.~ .,~ ,""> ~!I%If!i'!~'~'1fflHm'rfflW~!I'f1~~UW6l1~!I!~I~I!l4l '- ',- JAFFE, FRIEDMAN, SCHUMAN, SCIOLLA NEMEROFF & APPLEBAUM, P.C. KERRY S, SCHUMAN, ESQUIRE LD. NO. 40352 7848 Old York Road, Suite 200 Elkins Park, P A 19027 (215) 635-7200 Attorney for Plaintiff ALLFIRST BANK f/k/a FIRST NATIONAL MORTGAGE: a/k/aFIRSTNATlONAL BANK OF MARYLAND CUMBERLAND COUNTY COURT OF COMMON PLEAS V. DAVID M. CHERRY alk/a DAVID MICHAEL CHERRY: AND DANA L. CHERRY NO. 00-1799 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount due $124,969.76 (Costs to be added) $ $ Interest JAFFE, FRIEDMAN, SCHUMAN, SCIOLLA, NEMEROFF & APPLEBAUM, P.C. B. KERRY S. SCHUMAN, ESQUIRE 7848 Old York Road, Suite 200 Elkins Park, Pa. 19027 (215)635-7200 ';0 .n .. . ~',-, -.' ,~_, " --~',,_ho__ '. ',- ",- N" 1 ..".ow Iiflr~T €;b --.... -+ RJ ~ ~~ RJ ....s:::- V ~ 9\ ~~G 0 0 0 ~ 0 . c: 00 -n ~ ~ 9-J' . - s: 0 .- "R- 0- a B -om ,." ?;jJ 0 0> 088 mrn " Z::D , c:;-- ....Q r- d zr; ::~5 c~~ ~~ N ~ - ~ I ~~ ~~() ~ '-:0 ,0 ~ -0 -, -l~l \ zG :x ';3.B . CP ~$ -0 ~ 6n1 :J:> :>0 ~ -"! ~ (':) --1 -:1\ w ~ 0 :T1.-1 N '" ," . . n, . !'-~~,---- ~~ ~ .' ~",-'"" , "",., _ ~"..~_~WI~!!!,j!\H'<m'iW:>-<!I'llWl'~~- _ __ _ _ W-'W'j~!![l~"!Ilf"!!lh"!,,IJIJ!!f'~,fi~I!\l!! COUNTY OF CUMBERLAND SHERIFF'S OFFICE REAL ESTATE DEPARTMENT ALLFIRST BANK f/kla FIRST NATIONAL MORTGAGE: a1k/a FIRST NATIONAL BANK OF MARYLAND CUMBERLAND COUNTY COURT OF COMMON PLEAS V. DAVID M. CHERRY aIkIa DAVID MICHAEL CHERRY: AND DANA L. CHERRY NO. 00-1799 CERTIFICATION AS TO THE SALE OF REAL PROPERTY I hereby certifY that I am the Attorney of record for the Plaintiff in this Action against Real Property and further certifY this Property is: _ F.RA. - Tenant Occupied or Vacant Commercial _ As a result of a Complaint in Assumpsit _l!,_ That the Plaintiff has complied in all respects with Section 403 ofthe Mortgage Assistance Act including but not limited to: (a) Service of notice on Defendant(s). (b) Expiration of 30 days since the service of notice. (c) Defendant(s) failure to request or appear at meeting with Mortgagee or Consumer Credit Counseling Agency. (d) Defendant(s) failure to file application with the Homeowners Emergency Assistance Program. I further agree to indemnifY and hold harmless the Sheriff of Cumberland for any false statement given herein. P KERRY S. SCHUMAN, ESQUIRE Attorney for Plaintiff Attorney LD, #40352 JAFFE, FRIEDMAN, SCHUMAN, SCIOLLA NEMEROFF & APPLEBAUM, P.C. 7848 Old York Road, Suite 200 Elkins Park, Pa. 19027 (215) 635-7200 '~, - . ~ '-<- " ~ 1 ,~ """ ~ !If'illll' !fI!!II'IlII~ ~, f'" "f!"""'" ~-. -~ 0 0 0 C c:> -o:S:: " CI U' fY'1 =J;'Tl ~fTi n ::0 "'P ZS:~' ":-jm (J) _ ~. r" ii",? -<2:: ~CJ .'1.J ~;~(J )So ~" Zn :x ;;0::"""'" ':--;;(') )SoD r;.? C5rn C :z ~ .:v '1> -; :'0 -< fv -< ~~;;J!if.l...r;q~~~ffiIw.~~~ff"~!1!!!l - I ' JAFFE, FRIEDMAN, SCHUMAN, SCIOLLA NEMEROFF & APPLEBAUM, P.c. KERRY S. SCHuMAN, ESQUIRE !.D. NO. 40352 7848 Old York Road, Suite 200 Elkins Park, PA 19027 (215) 635-7200 Attorney for Plaintiff ALLFIRST BANK f/k/a FIRST NATIONAL MORTGAGE: a/k/a FIRST NATIONAL BANK OF MARYLAND CUMBERLAND COUNTY COURT OF COMMON PLEAS V. DAVID M. CHERRY a/kIa DAVID MICHAEL CHERRY: AND DANA L. CHERRY NO. 00-1799 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN 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 BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: David M. Cherry a/kIa David Michael Cherry Your house at 606 Allenview Drive, Mechanicsburg, P A 17055 is scheduled to be sold at Sheriffs Sale on March 7,2001 at 10:00 a.m., in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $124,969.76 obtained by Allfirst Bank flkla First National Mortgage a/kIa First National Bank of Maryland against you, NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the amount of the judgment plus costs, the back payments, late charges costs and reasonable attorneys fees due. To find out how much you must pay, you may call Kerry S, Schuman, Esquire at (215) 635-7200, 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 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 bid price by calling Kerry S. Schuman, Esquire, at: (215) 635-7200. , '" <~ " ~~ ~ ",<' - I . 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 Kerry S. Schuman, Esquire, at (215) 635-7200. 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 a 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 on . 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 (1 0) days after 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE TmS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ALA WYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY COURT ADMINISTRATOR 4th Floor Cumberland County Courthouse Carlisle, P A 17013 (717) 240-6200 Very truly yours, JAFFE, FRIEDMAN, SCHUMAN, SCIO A, NEMEROFF & APPLEBAUM, P.C. Kerry S. Schuman KSS:srm , ~ co__,,,, I'--~ ',7" - '''~ DESCRIPTION ALL THAT CERTAIN piece or parcel ofland Situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a Plan by Rogers and Frederick dated November 19, 1984, as follows, to wit: ALL that land in Stage III, Section C, Townhouse Plot No.7, being more particularly described on said Plan as recorded in Plan Book 46, page 133 and being designated on said Plan as Lot No. 7-D, and also known as 606 Allenview Drive, Mechanicsburg, Pennsylvania 17055. BEGINNING at a point on the Northwest comer of Lot #7-C, said point of beginning being referenced the following coursed and distance from a point on the Western side of Allenview Drive, at line of Allenview, Stage III, Section B: (1) North 75 degrees 17 minutes East, a distance of35.04 feet; (2) South 14 degrees 41 minutes East, 15.16 feet; and (3) North 75 degrees 19 minutes East, a distance of 62.66 feet to the point and place of beginning; thence North 75 degrees 19 minutes East, a distance of20.84 feet to a point; thence along line of Lot #7-E, South 14 degrees 41 minutes East, a distance of 57.50 feet to a point; thence South 75 degrees 19 minutes West, a distance of 20.84 feet to a point; thence along line of Lot #7-C, North 14 degrees 41 minutes West, a distance of 57. 50 feet to a point, the place of beginning. Tax Parcel # 42-28-2423-356 "'" -~ , , "' " - ~ I';' '-' ~- ~ ~-,~ ~ ~--.,.~~ . ~,~ Wi .,~ 0 0 0 ~ 0 "n $C 0 --j -coCO ,~'1 ;~:n rnm \.'J , ~ Z::O 'i1m Ze- N ~:~~~ ~i~ r,;::C' -p /o~ :.n ~(-:: :x ~~f'?' ./-_1"- 1:: c::::-........_' Pc ~ Z -:v 5:i :< N -< _~"_~I-!~""'~~~!MIIlS~Jll!'I!!!~~IIQ~~ll!I!l JAFFE, FRIEDMAN, SCHUMAN, SCIOLLA NEMEROFF & APPLEBAUM, P.c. KERRY S. SCHUMAN, ESQUIRE !.D. NO. 40352 7848 Old York Road, Suite 200 Elkins Park, PA 19027 (215) 635-7200 Attorney for Plaintiff ALLFIRST BANK f/k/a FIRST NATIONAL MORTGAGE: a/k/a FIRST NATIONAL BANK OF MARYLAND CUMBERLAND COUNTY COURT OF COMMON PLEAS V. DAVID M. CHERRY a/k/a DAVID MICHAEL CHERRY: AND DANA L. CHERRY NO. 00-1799 AFFIDAVIT PURSUANT TO RULE 3129.1 Allfrrst Bank f/kla First National Mortgage a/k/a First National Bank of Maryland, Plaintiff in the above action, sets forth as of the date that the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at: 606 Allenview Drive Mechanicsburg, P A 17055 (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") "'..,1-" _,___ 1. Name and address ofOwner(s) or Reputed Owner(s): David M. Cherry aIkIa David Michael Cherry Dana L. Cherry 606 A11enview Drive Mechanicsburg, P A 17055 2. Name and address ofDefendant(s) in the judgment: David M. Cherry aIkIa David Michael Cherry Dana L. Cherry 606 A11enview Drive Mechanicsburg, P A 17055 3, Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Pennsylvania Power & Light Company 1801 Brookwood Street Harrisburg, P A 17015 A11enview Home Owners Association, Inc. 3512 Trindle Road Camp Hill, P A 17011 4. Name and address of the last recorded holder of every mortgage of record: Allfirst Bank f/k/a First National Mortgage a/k/a First National Bank of Maryland 7495 New Horizon Way Frederick, MD 21703 5. Name and address of every other person who has any record lien on the property: N/A 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: Cumberland County Domestic Relations Dept. 13 N. Hanover Street Carlisle, P A 17013 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, P A 17013 Upper Allen Township 100 Gettysburg Pike Mechanicsburg, P A 17055 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: N/A -'1~.... "' - "-~~-'- , ,. , ~ , I verifY that the statements made in this affidavit are true and correct to the best of my personallmowledge 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, ~ !KERRY S. SCHUMAN, ESQUIRE Attorney for Plaintiff DATE 12/{ / [YO ( ( ) ,-~" ,e. IIP:. , , -" 'x, ~o' ~ .' "'0 . 0 0 0 C Q $: -n rgCIJ. a ...., ,.., T _"..f:, n ::~l_:n ~fQ ~:;m 03::1>- N ~? ~;?; 2cJ :<::-' -0 )0'- ::z: ~~1~ 2:0 ,)>c ry or1"1 ?:. --4 =< ':..> ?i5 r" -< , i I. .,. ""~" _~ ~""",,...,..,_~_<~~,"__~I"mlR!T1f'<-"f<lI5'-"I,,~l;8!i,1I'IlM~1J'I!l';~=;'r~Wl:m;\llli;!~~'~,"""~"~ " ~ ~ .. JAFFE, FRIEDMAN, SCHUMAN, SCIOLLA NEMEROFF & APPLEBAUM, P.C. KERRY S. SCHUMAN, ESQUIRE J.D. NO, 40352 7848 Old York Road, Suite 200 Elkins Park, PA 19027 (215) 635-7200 Attorney for Plaintiff ALLFIRST BANK flk/a FIRST NATIONAL MORTGAGE: a/k/a FIRST NATIONAL BANK OF MARYLAND v, CUMBERLAND COUNTY COURT OF COMMON PLEAS DA VlD M. CHERRY a/k/a DA VlD MICHAEL CHERRY: AND DANA L. CHERRY NO. 00-1799 AFFlDA VIT OF SERVICE KERRY S, SCHUMAN, ESQUIRE, being duly sworn according to law, deposes and says that on /vJr4 ,he did send by regular mail, postage prepaid, a true and correct copy of the Notice of Sheriff's Sale of Real Property regarding the above-captioned matter to: Pennsylvania Power & Light Company 1801 Brookwood Street Harrisburg,PA 17015 Allenview Home Owners Association, 1nc, 3512 Trindle Road Camp Hill, P A 17011 Allfirst Bank flk/a First National Mortgage a/k/a First National Bank of Maryland 7495 New Horizon Way Frederick, MD 21703 Cumberland County Domestic Relations Dept. 13 N. Hanover Street Carlisle, PA 17013 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, P A 17013 Upper Allen Township 100 Gettysburg Pike Mechanicsburg, P A 17055 A true and correct copy of each Certificate of Mailing is attached hereto. ~ ---- KERRY S. SCHUMAN, ESQUIRE Attorney for Plaintiff Sworn t() and s\1.b~yribed befoF me th1sJr-lfay Of,/J~, ;,2~,,100. ~~/J~ , Notary Public: '_T ~ NOTARIAL SEAL \m.PllAllli R. OUBROW, Notary Public cny 01 Philadelphia. Pllila. COUllly COmmIssioo Expires March 12, 2001 .~ -h-... ~ go . ~ ~ ~ I ~ N ~ off ~ ~ ~ ~ ~ ~ ." ~ '" 00 " " t:o - - - - '" "" ' I ~I "'I "'I "'I wi -I t-< ~~~ "- ::;; '" '" N - '" 5' W~O !le- 0 ~z - Ilb ~~ w" " ~ OJo. ~g. Z " _,,.f::!.( " 0 , S zen =:::::: ~ , 0 0- c.1O .., , 0 ., ~ "d 0 -or ;;' , .., :t>C':l " t.. 0 " :0-< 00 , - .?'O r-<r-< r-<r-< "'r-< "'r-< ~.s.<:: "-0 Z :0 ~ ~ Ii o~ o~ ....on ~ " ~ Ii "'5- 3 " ::I. 5 9 -oA , z" edi ~ 0... ~g. o:;.;-t:!1 ~ ~ Z" "'n ~g" Woia ... ~ fg.~ 0 :t>, . 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""""'~"" , n~.=~....._" "-~. ,~ .',' ,~- ','. -,~, - ,-', ,-,,~>,- , () C') 0 C a ~n :s: C) -Ute' rt'i nlrT; c-:> Z:,Ti ZS~ r'0 ~~.. t=J r:C <:: -t., ~() =f~" --CI f;;'l Pc .-< Z ::> ~ -1 -< .-J -< 'l;l , ( J.~~~iW"'!"""""I!I'f"l!mo~"'",'I'~l,aml!'!ll!!1!OO<'~Of.1'II!ii"!j!l~~"","""",,,~~ltm , , JAFFE, FRIEDMAN, SCHUMAN, SCIOLLA NEMEROFF & APPLEBAUM, P.C. KERRY S. SCHUMAN, ESQUIRE I.D. NO. 40352 7848 Old York Road, Suite 200 Elkins Park, P A 19027 (215) 635-7200 Attorney for Plaintiff ALLFIRST BANK f/k/a FIRST NATIONAL MORTGAGE: a1k/a FIRST NATIONAL BANK OF MARYLAND CUMBERLAND COUNTY COURT OF COMMON PLEAS v, DAVID M. CHERRY alk/a DAVID MICHAEL CHERRY: AND DANA L. CHERRY NO. 00-1799 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Allfirst Bank f/k/a First National Mortgage a1k/a First National Bank of Maryland, Plaintiff in the above action, sets forth as of the date that the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at: 606 Allenview Drive Mechanicsburg, P A 17055 (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") "-"'--~7"'lQ , ~ 1. Name and address of Owner(s) or Reputed Owner(s): David M. Cherry a/k/a David Michael Cherry Dana L. Cherry 606 Allenview Drive Mechanicsburg, P A 17055 2. Name and address ofDefendant(s) in the judgment: David M, Cherry a/k/a David Michael Cherry Dana L. Cherry 606 Allenview Drive Mechanicsburg, P A 17055 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: pennsylvania Power & Light Company 1801 Brookwood Street Harrisburg, PA 17015 PP&L 827 Hausman Road Allentown, P A 18104 Allenview Home Owners Association, Inc. 3512 Trindle Road Camp Hill, PA 17011 Allfrrst Bank 7495 New Horizon Way Frederick, MD 21703 Faircloth Plumbing and Heating 25 W. York Street Dillsburg, P A 17019 4. Name and address of the last recorded holder of every mortgage of record: A11first Bank f/kla First National Mortgage a/k/a First National Bank of Maryland 7495 New Horizon Way Frederick, MD 21703 5. Name and address of every other person who has any record lien on the property: N/A 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: Cumberland County Domestic Relations Dept. 13 N. Hanover Street Carlisle, PA 17013 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, PA 17013 Upper Allen Township 100 Gettysburg Pike Mechanicsburg, P A 17055 ,1'.", - ._-.. -," , "~~'" 1 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: N/A 1 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 elating to unsworn falsification to authorities. IJ/~(o( DATE I RRY S. SCHUMAN, ESQUIRE Attorney for Plaintiff ~ ~=........... . r " ...........11 ~T" ~, ^~ ,~.> ~ -~" .-~~->""'" """- < " ~,.~ "'T" ".-.;e-"',-,=,,,,,,- '" ;&"' --- ~ .,., ~.~" ' , (") 0 0 c <"" -."1 ~Jfi3 'T) n16'; n, ~~:; J) " i :';-') ,'V :'. -j r"c. [~"~ ;~; ~ ~ x',, ~,- "..,- '7Q ::t:-: ",,- ; _.~' ': );C; - iSM c - ::z - ~ ~ 'D ..0 -< ~_~_~!~--'<,",m\':ml!!l~~~~~~~';;~;!ilI'''''''1I'it'jjflll!ll~~~llII ~;:tY;;:t";-;~ T JAFFE, FRIEDMAN, SCHUMAN, SCIOLLA NEMEROFF & APPLEBAUM, P.C. KERRY S. SCHUMAN, ESQUIRE I.D. NO. 40352 7848 Old York Road, Suite 200 Elkins Park, P A 19027 (215) 635-7200 Attorney for Plaintiff ALLFIRST BANK f/k/a FIRST NATIONAL MORTGAGE: a/k!aFIRSTNATIONALBANK OF MARYLAND CUMBERLAND COUNTY COURT OF COMMON PLEAS V. DAVID M. CHERRY alk/a DAVID MICHAEL CHERRY: AND DANA L. CHERRY NO. 00-1799 AFFIDAVIT OF SERVICE KERRY S. SCHUMAN, ESQUIRE, being dilly sworn according to law, deposes and says that on r /& vJ", ,he did send by regillar mail, postage prepaid, a true and correct copy of the Notice of Sheriff's Sale of Real Property regarding the above-captioned matter to: Faircloth Plumbing and Heating 25 W. York Street Dillsburg, PA 17019 PP&L 827 Hausman Road Allentown, PA 18104 Allfirst Bank 7495 New Horizon Way Frederick, MD 21703 A true and correct copy of each Certificate ailing is attached hereto, RRY S. SCHUMAN, ESQUIRE ttorney for Plaintiff Sworn to and subscribed before me this 31 "'clay of ~ ,200j1. ~~ f6r~ / N ary Public < NOTM/AI. SEAl. STEPHAl\llf Jl, CUIlI'lOW Notary Public City 01 PhlIadelphia, PhHa. County CoinmisstOn ~xp;r"s March 12,2001 '''~~ ,= ~ ~-~ - ~- J "" "'~.,~ ~ '" f o 9 7 c, 5: ^ ~ ; '- '" o :<l S S c '" -< CO '" n o S ." t'" '" -< '" <:> CO -< -< -< "tl '" ::;: :<l =l '" :<l S Z ~ o :<l CO ;,. t'" t'" ." o :;;: -; "tl '" ~~ ~ 'f :;:- '~'- I-{'~, t ~~~=~~~ ~~. ~ . ~~-~It~ ill!m 6.':iE ~ ~ 'g ~ ~ o' il w ~ -., -., l!IIIfiP'_!1i ~~""_'"~ "'-.....;;; i g"! ~. 0 [~ .:rZ ~3 '-~ ~ ~ 2-, .., " C- D: 1:;-1 R S ::: E:... 3-:? ~5 o ~ . ~ o~ :?o @ ~ '" n ~ "tl .,.-- s; '" -; 0:: ;,. 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ID ..v -< - ~_""""",_J1_ _"~""_j'f~~~q~~"""!~,ff....,t~,,,,,[J!,l;'.->\"'-t~Y~"R'iI~~~'~liil1r"-W")f;ffi'1",,,,~",,,-,*,,!""m\frF-p:-"f!~I~ i;A~ [:'\(" , Allfrrst Bank flltJa First National Mortgage aIkIa First National Bank Of Maryland VS David M. Cherry aIkIa David Michael Cherry Dana L. Cherry In the Court of Common Pleas of Cumberland County, Pennsylvania No.2000-1799 Civil R. Thomas Kline, Sheriff, who being duly sworn according to law says this writ, is returned Stayed. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Law Library County Mileage Levy Certified Mail Surcharge Postpone Sale Patriot News Law Journal Share of Bills Sworn and subscribed to before me This ~ day o~ 2001, A.D. ~Q 7n"":"J~' ro onotary .,,-, 30.00 13.62 15.00 15.00 .50 1.00 12.40 15.00 1.82 30.00 40.00 279.35 225.60 25.53 $ 704.82 paid by attorney 6-4-01 So?~~-c4' R. Thomas Kline, Sheriff BY f),J;eJ ,.. &-li: Deputy S eriff 1.~1,) Ue...- 3 J s1.. C- ~. jJ':lf,o:L ~~"""" ~ - ( 'JAFFE, FRIEDMAN, SCHUMAN, SCIOLLA NEMEROFF & APPLEBAUM, P.C. KERRY S. SCHUMAN, ESQUIRE !.D. NO. 40352 7848 Old York Road, Suite 200 Elkins Park, PA 19027 (215) 635-7200 Attorney for Plaintiff ALLFIRST BANK f/k/a FIRST NATIONAL MORTGAGE: a/k/aFIRSTNATlONALBANK OF MARYLAND CUMBERLAND COUNTY COURT OF COMMON PLEAS V. DAVID M. CHERRY a!k/a DAVID MICHAEL CHERRY: AND DANA L. CHERRY NO. 00-1799 AFFIDAVIT PURSUANT TO RULE 3129.1 A11first Bank f/k/a First National Mortgage a!k/a First National Bank of Maryland, Plaintiff in the above action, sets forth as of the date that the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at: 606 Allenview Drive Mechanicsburg, PA 17055 (SEE LEGAL DESCRIPTION ATTACHED AS EXlllBIT "A") ."W""'_._""~ -~" ~ I -, ~-" , , 1. Name and address ofOwner(s) or Reputed Owner(s): David M. Cherry aJk/a David Michael Cherry Dana L. Cherry 606 Allimview Drive Mechanicsburg, PA 17055 2. Name and address ofDefendant(s) in the judgment: David M. Cherry aJk/a David Michael Cherry Dana L. Cherry 606 Allenview Drive Mechanicsburg, P A 17055 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Pennsylvania Power & Light Company 1801 Brookwood Street Harrisburg, PA 17015 Allenview Home Owners Association, Inc. 3512 Trindle Road Camp Hill, P A 17011 4. Name and address of the last recorded holder of every mortgage of record: Allfrrst Bank f/k/a First National Mortgage aJk/a First National Bank of Maryland 7495 New Horizon Way Frederick, MD 21703 5. Name and address of every other person who has any record lien on the property: N/A 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: Cumberland County Domestic Relations Dept. 13 N. Hanover Street Carlisle, P A 17013 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, P A 17013 Upper Allen Township 100 Gettysburg Pike Mechanicsburg, PA 17055 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: N/A '-'-,~~-,~ . 'T- ~~~ - J I verify that the statements made in this affidavit are true and correct to the best of my personallmowledge 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. ~ IKERRY S. SCHUMAN, ESQUIRE Attorney {or Plaintiff DATE '''''.'''JllI,<lO:!ii'IH. /2/-r/()1) ( ( , DESCRIPTION ALL THAT CERTAIN piece or parcel ofland Situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a Plan by Rogers and Frederick dated November 19, 1984, as follows, to wit: ALL that land in Stage III, Section C, Townhouse Plot No.7, being more particularly described on said Plan as recorded in Plan Book 46, page 133 and being designated on said Plan as Lot No. 7-D, and also known as 606 Al1enview Drive, Mechanicsburg, Pennsylvania 17055. BEGINNING at a point on the Northwest comer of Lot #7-C, said point of beginning being referenced the following coursed and distance from a point on the Western side of Allenview Drive, at line of Al1enview, Stage III, Section B: (1) North 75 degrees 17 minutes East, a distance 005.04 feet; (2) South 14 degrees 41 minutes East, 15.16 feet; and (3) North 75 degrees 19 minute~ East, a distance of 62.66 feet to the point and place of beginning; thence North 75 degrees 19 minutes East, a distance of20.84 feet to a point; thence along line of Lot #7-E, South 14 degrees 41 minutes East, a distance of 57.50 feet to a point; thence South 75 degrees 19 minutes West, a distance of 20.84 feet to a point; thence along line of Lot #7-C, North 14 degrees 41 minutes West, a distance of 57.50 feet to a point, the place of beginning. Tax Parcel # 42-28-2423-356 ,"'l'-i'l~""'" ~.-~ -~.~ " JAFFE, FRIEDMAN, SCHUMAN, SCIOLLA NEMEROFF & APPLEBAUM, P.C. KERRY s. SCHUMAN, ESQUIRE l.D. NO. 40352 7848 Old York Road, Suite 200 Elkins Park, PA 19027 (215) 635-7200 Attorney for Plaintiff . '. ALLFIRST BANK f/k/a FIRST NATIONAL MORTGAGE: aIkIa FIRST NATIONAL BANK OF MARYLAND CUMBERLAND COUNTY COURT OF COMMON PLEAS V. DAVID M. CHERRY aIkIa DAVID MICHAEL CHERRY: AND DANAL. CHERRY NO. 00-1799 TillS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, TillS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECT A DElJT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: David M. Cherry aIkIa David Michael Cherry Your house at 606 Allenview Drive, Mechanicsburg, P A 17055 is scheduled to be sold at Sheriffs Sale on March 7,2001 at 10:00 a.m., in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $124,969.76 obtained by Allfust Bank flkja First National Mortgage aIkIa First National Bank of Maryland against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT TillS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the amount of the judgment plus costs, the back payments, late charges costs and reasonable attorneys fees due. To find out how much you must pay, you may call Kerry S. Schuman, Esquire at (215) 635-7200. 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 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 bid price by calling Kerry S. Schuman, Esquire, at: (215) 635-7200. - .,- ~ . - ., 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 ifthe buyer pays the Sheriff the full amount due in the sale. To fmd out if this has happened, you may call Kerry S.,Schuman, Esquire, at (215) 635-7200. 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 a 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 on . 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 Sheriffwithin ten (10) days after 7. You may also have other rights and defenses, or ways of getting your house 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. CUMBERLAND COUNTY COURT ADMINISTRATOR 4th Floor Cumberland County Courthouse Carlisle, P A 17013 (717) 240-6200 Very truly yours, JAFFE, FRIEDMAN, SCHUMAN, SCIO -A, NEMEROFF & APPLEBAUM, P.C. Kerry S. Schuman KSS:srm -~'.~___ n IU _~ ~. - DESCRIPTION ALL THAT CERTAIN piece or parcel ofland Situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a Plan by Rogers and Frederick dated November 19, 1984, as follows, to wit: ALL that land in Stage III, Section C, Townhouse Plot No.7, being more particularly described on said Plan as recorded in Plan Book 46, page 133 and being designated on said Plan as Lot No. 7-D, and also known as 606 Allenview Drive, Mechanicsburg, Pennsylvania 17055. BEGINNING at a point on the Northwest comer of Lot #7-C, said point of beginning being referenced the following coursed and distance from a point on the Western side of Allenview Drive, at line of Allenview, Stage III, SectionB: (1) North 75 degrees 17 minutes East, a distance of35.04 feet; (2) South 14 degrees 41 minutes East, 15.16 feet; and (3) North 75 degrees 19 minutes East, a distance of 62.66 feet to the point and place of beginning; thence North 75 degrees 19 minutes East, a distance of20.84 feetto a point; thence along line of Lot #7-E, South 14 degrees 41 minutes East, a distance of 57.50 feet to a point; thence South 75 degrees 19 minutes West, a distance of 20.84 feet to a point; thence along line of Lot #7-C, North 14 degrees 41 minutes West, a distance of 57.50 feet to a point, the place of beginning. Tax Parcel # 42-28-2423-356 ''''''W. , _ ,'- ,~ ,~ ~-~-r-'~""""'" . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH O,F PENNSYLVANIA) COUNTY OF CUMBERLJIlND) c NO. 00-1799 CIVIL~ T~rm CIVIL ACTION. LAW TO THE SHERIFF OF Cumb~rland COUNTY: To satisty the debt, interest and costs due ALLFIRST BANK f/k/a FIRST NATIONAL MORTGAGE a/k/a FIRST NATIONAL BANK OF MARYLAND , 7495 N'W Horizon Way, Fr~~rick, MD 21703 PLAINTIFF(S) from n;:n.riti M rh~rry ;::Ilk,!.:::! n::l1Tin Mi,...h;:a~' (,h~Try. n::ln.:::l T. (,h~r1J.': flnE) nll~1"l'\rif'w nri\7f-_ M~chanicsburg, PA 17055 DEFENDANT(S) (1) You are directed tole~Yi~~on,:!}:)r W9~,ElrtY.R!t,~he def~nda'lt(S) and to sell S~e Leqal ~scription ' .', ~,]'''- ",~', ,. , , ,,' , (2) You' are alsodirect~d to' attach tI'le property'of the defendant(s) not levied upon in the pOssession of GARNISHEE(S) as follows: " ' \ . - ' " and to not~y the garnishee(s) tlilat: (a) an attachment has been issued; (b) the garnishee(s) is/are 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 ofthe defendant(s) not levied upon an subject to attachment is found in the possession of anyoneother than a 'la!Jijj~garnishee, you are directed to nomy him/herthat he/she has been added as agarnishee and is enjoined as above stated," Amount Due $124,969.76 Interest Atty's Comm Atty Paid $122.20 Plainmf Paid % L.L. $1. 00 Due Prothy .50<:: Other Costs Date: Dece'l1ber 12. 2000 by: Lonq Prothonotary, Civil Division f) REQUESTING PARTY: Name K~rry S. Schuman, E;sq. 7848 Old York Road; Suite 200 F.lkin~ P~rk. P~ 190~7 Attorney for: Pl f'f Telephone: (215) 635-7200 Supreme Court ID No. 40352 Address: ~'"1 ~~- " -~~ / ",."..--- --- ! I, II ,~ , "', ~,~ " ~, ~- > ~" - -.~. . ' REAL ESTATE SALE Nd. ~6 \10 j)('<A' d.." IJ, ~ the sheriff levied upon the defeDdantli interest in the real prop-arty situated in 1.."",,- Al~_. ~.A"" ti".d I ' Cumberland County, Pa., known and numbered as: /'0(,.. /JJA.w.'~".:J~ /f(.Ild."O!'(J..~ ' ant more fuli jGscribed on Exhibit "A" filed with this writ and by this reference inrorporated herein. 'Ita: I)h"_"~,,, IJ. ;1..nnl- 2:y: t-:: ~-' JJ...~ . . ~~t.dJ~ ~ .{\ ~ ,~i<' 4l ~ '?'~ ,('C' 0 (,. .,., -1-""9" ~"of.o~ -t:- 'i"- G'. 0'/..,\ ..~~!~ ...--'" .... .. \1l ~(~;.. ~!~ 11'_\.l ...~ ",~ ~ . /. 11 :!! G:e> ~. ~, _ H~ , "'.' r'_~ - 'lLl?tl,"iii.~m'!""",;-{!M1'?-m-:<I><I"~_~~"$~iIrell!U!f~.1&~~",,,"f"!~_ '~'~u";"J' F:\DATA\HOME\JGEFlMAN\ALLFIRST\CHERRY 940.003\12-4-02 writ.wpd JAFFE, FRIEDMAN, SCHUMAN, SCIOLLA NEMEROFF & APPLEBAUM, P.C. KERRY S. SCHUMAN, ESQUIRE J.D. NO. 40352 7848 Old York Road, Suite 200 Elkins Park, PA 19027 (215) 635-7200 Attorney for Plaintiff ALLFIRST BANK f/kla FIRST NATIONAL MORTGAGE: aIkIa FIRST NATIONAL BANK OF MARYLAND CUMBERLAND COUNTY COURT OF COMMON PLEAS V. DAVID M. CHERRY aIkIa DAVID MICHAEL CHERRY: AND DANA L. CHERRY NO. 00-1799 PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount due $124,969.76 Interest from 3/8/01 to 12/4/02 @ $20.54/diem 13,063.44 Subtotal $138,033.20 (Costs to be added) $ JAFFE, FRIEDMAN, SCHUMAN, SCIOLLA, NEMEROFF & APPLEBAUM, P.C. BY: RRY S. SCHUMAN, ESQUIRE 7848 Old York Road, Suite 200 Elkins Park, Pa. 19027 (215)635-7200 '~'" "-" . ,.---",,", , "" , '~ " . ,. h ~ ._, ~_".'~' _~, ~"=- ~ ~ ~ -l<l.. ...... 0 ...... l.v ...... (J ~ ~ ..a h ~ " -t h . . N <Q. . 'i (/) 0 0 "l "';) 0 ,... D Ii- ':' 1J c C C ~ C C- D 0 I 0 I J I "'- ...... ~ ~ () a ~) Jl) ..... ::'-"h ~ C r~1 ~ fY , ;l-- :;? .--.. , - , lJa; , " , , ",-- ~ ~ ~ " " "~' /~ ..... 92 ~r: 1'-- ''''', ~ ::~c:~ , -" "'() , , 1--' . ~ , (J);'c \"., l' , ~, " '-. --< ~-<:, C.l , r-: c' :::0 ~r, ,~ --,..., ~~: -.--.0,.,. 2~~ o.f:l ~~! :;::'; "'" :n (X, -< - , , ~ ~~_.~ ~, "!B~_l !fflI1fl~.r.;'NJI;Jllll!lilm_l~~~! ~,ll'R'!mllll""""'~~ ~ M_~,"'-~f~ , ~~~!l, _ , WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 00-1799 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ALLFIRST BANK FfKlA FIRST NATIONAL MORTGAGE AIKIA FlRST NATIONAL BANK OF MARYLAND, Plaintiff (s) From DAVID M. CHERRY AIKIA DAVID MICHAEL CHERRY AND DANA L. CHERRY, 606 ALLENVIEW DRIVE, MECHANICSBURG, P A 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated, Amount Due $124,969.76 L.L. $.50 Interest FROM 3/8/01 TO 12/4/02 @ $20.54 /DIEM $13,063.44 Arty's Comm % Due Prothy $1.00 Arty Paid $839.52 Other Costs Plaintiff Paid Date: JULY 9, 2002 CURTIS R. LONG (Seal) Prothonotan' 4lY: .i2?r.vr...e.. ~. 71z('~.Il..)Y.I f Deputy REQUESTING PARTY: Narne KERRY S. SCHUMAN, ESQUIRE Address: 7848 OLD YQRK ROAD, SIDTE 200 ELKINS PARK, PA 19027 Attomey for: PLAINTIFF Telephone: 215-635-7200 Supreme Court ill No, 40352 -,"",,~ Docket for Case: " + GetCaseNoO +" (" + DktTypeExpand(m.gsDktType) + ") Page 1 of2 Bankruptcy Docket Report 1 01-01080 (Harrisburg) CHERRY, DAVID M and CHERRY, DANA L Docket items entered between 01/01/1931 and 07/03/2002 Filing No. Docket Entry View Date document 03/06/0 I I VOLUNTARY PETITION under Chapter 13 & Mailing Matrix [EOD 03/06/01] Doc #1 PDF (2 [BR] ~ 03/06/0 I 2 NOTICE of intent to dismiss case unless missing documents are filed: due by None 03/21/01 Re: Item # 1. [Complied] [EOD 03/06/01] [BR] 04/09/01 3 ENTRY OF APPEARANCE of KARL M. LEDEBOHM ESQ" OF SAIDIS, SHUFF, None FLOWER & LIND SA Yon behalf of ALLENVIEW HOMEOWNERS, INC.. [EOD 04/09/01] [SM] 04/27/0 I 4 Schedules, Statements, Plan & Summary and all missing documents Re: ltem # 2, Doc #4 PDF [EOD 05/01/01] [CA] (24 pages) OS/21/01 5 CERTIFICATE of Mailing of Notice 01341 Meeting, Objections to the plan are due None 15 days after meeting held. [EOD OS/21/01] [CA] 06/18/0 I 6 341 meeting held. [EOD 06/18/01] [CA] None 07/02/0 I 7 ORDER Confirming Plan [EOD 07/02/01] [BW] None 07117/01 8 TRANSFER (ASSIGNMENT) of claim #6 of SUNTECH in the amount of $7,828,12 None to UNITED STUDENT AID FUNDS, INC [EOD 07117/01] [BW] ENTERED IN ERROR - FILED DATE IS 07/13/01 [EOD 07117/01] [BW] 07118/01 9 NOTICE to parties of transfer (assignment) of claim of SunTrust to United, None Objections due 08/07/0 IRe: ltem # 8, [EOD 07/18/0 I] [BW] 09/12/01 10 OBJECTION to Claim #2 of ALLFIRST BANK in the amount of$18,539,82; filed None by Debtors [Disposed] [EOD 09/13/01] [BW] 09/20/0 I 11 ORDER fixing hearing date on 11/28/01 at 11:00 A,M, at FED.BLDG., BKRPTCY None CTRM,(3RD FLR), THIRD & WALNUT STS" HARRISBURG,PA, 17108 Re: Item # 10, [EOD 09/20/01] [BW] 09/24/01 12 CERTIFICATE of service Re: Item # II. [EOD 09/24/01] [BW] None 11/21/01 13 MOTION for relief from stay filed by AMERICA'S SERVICING COMPANY as None servicer for the Mortgagee of Record (fee pd, $75,00, rec, #576321-AG) [EOD 11/21/01] [BW] CERTIFICATE OF NON-CONCURRENCE [EOD 11/21/01] [BW] 11/21/01 14 ORDER that answers aredue on 12/11/01 Re: ltem # 13, [EOD 11/21/01] [BW] None 11/28/01 15 PROCEEDING MEMO re hearing not held, No answer filed. Order to be submitted, None Re: Item # 10, [EOD 11/28/01] [IG] 11/30/01 16 ORDER that claim # 2 is set at $16,631,12 reo arrearage and other charges included in None secured claim Re: ltem # 10, [EOD 11/30/01] [BW] 12/03/01 17 CERTIFICATE of service Re; Item # 14, [EOD 12/03/01] [CR] None ,',C:... ~T _"'_" . _~~~_~_""'"' T'" ~T_'~" ,_. """,", Docket for Case: " + GetCaseNoO +" (" + DktTypeExpand(m.gsDktType) + ") 12/07/01 12/18/01 01/02/02 01/16/02 01/16/02 01/18/02 01122/02 03/19/02 18 MOTION TO DISMISS BY TRUSTEE WITH NOTICE SETTING HEARING on o II I 0/02 at 02:00 P.M, at FED,BLDG., BKRPTCY CTRM.(3RD FLR.), THIRD & WALNUT STS" HARRISBURG,PA, l7I08 [EOD 12/07/01] [BW] ANSWER by DEBTOR, Re: Item # 13. [EOD 12119/01] [CR] CORRESPONDENCE SETTING PHONE CONFERENCE on 01/16/02 at 10:30 A.M, at FED.BLDG" BKRPTCY CTRM.(3RD FLR.), THIRD & WALNUT STS., HARRISBURG,PA, 17108 Re: Item # 19. [Rescheduled] [EOD 01/02/02] [CR] CORRESPONDENCE from Trustee reo hearing, No appearances for debtor. Case to be dismissed, Re: Item # 18, [EOD 01/16/02] [BW] CORRESPONDENCE RESCHEDULING PRELIMINARY PHONE CONFERENCEto 02/19/02 at 10: 15 A,M, at FED,BLDG" BKRPTCY CTRM,(3RD FLR.), THIRD & WALNUT STS" HARRISBURG,PA, 17108 Re: Item # 20, [Rescheduled] [EOD 01/16/02] [BW] ':@,.,Dc,,~E~i~l' .~$;~iJ~\lJMJru~te~:~:Mqp,,;,.9l/!,I~RJ,!iJil1,i~sp:l?L),OJ;/Hlm, ~il!1efi\1tYe:mM!1'lm!!~~~s"dilllldl!tei"Rej'Item'#22';'I'EOHO llI8/02] [ NOTICE to creditors of dismissal of case Re: Item # 23, [EOD 01/22102] [BW] FINAL REPORT ofCh. 13 Trustee [EOD 03/19/02] [BW] Printed: 07/03102 14:52:23 Page 2 of2 None None None None None None None None 19 20 21 22 23 -=Mo, ""~, ,_" 24 25 I PACER Service Center I I Transaction Receipt I I 07/03/200214:52:23 I IpACERLogin: l~f0105 IIClient Code: I IDescription: IIDocket Ilcase Num ber: 1112001-01080 I IBillable Pages: 112 IICost: 110.14 I ~Need help? Try the PACER User's Guide IiI!IPacer Service Center DESCRIPTION ALL THAT CERTAIN piece or parcel ofland Situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a Plan by Rogers and Frederick dated November 19,1984, as follows, to wit: ALL that land in Stage III, Section C, Townhouse Plot No.7, being more particularly described on said Plan as recorded in Plan Book 46, page 133 and being designated on said Plan as Lot No, 7-D, and also known as 606 Allenview Drive, Mechanicsburg, Pennsylvania 17055. BEGINNING at a point on the Northwest comer of Lot #7-C, said point of beginning being referenced the following coursed and distance from a point on the Western side of Allenview Drive, at line of Allenview, Stage 111, Section B: (1) North 75 degrees 17 minutes East, a distance of35.04 feet; (2) South 14 degrees 41 minutes East, 15.16 feet; and (3) North 75 degrees 19 minutes East, a distance of 62.66 feet to the point and place of beginning; thence North 75 degrees 19 minutes East, a distance of20.84 feetto a point; thence along line of Lot #7-E, South 14 degrees 41 minutes East, a distance of 57.50 feet to a point; thence South 75 degrees 19 minutes West, a distance of 20,84 feet to a point; thence along line of Lot #7-C, North 14 degrees 41 minutes West, a distance of 57.50 feet to a point, the place of beginning. Tax Parcel # 42-28-2423-356 .1'1'~lt",__~~ "' c. ..... F:\DATA\HOMEIJGEFTMAN\ALLFIRS1\CHERRY 940.003\12-4-02 writ.wpd JAFFE, FRIEDMAN, SCHUMAN, SCIOLLA NEMEROFF & APPLEBAUM, P.C. KERRY S. SCHUMAN, ESQUIRE LD. NO, 40352 7848 Old York Road, Suite 200 Elkins Park, PA 19027 (215) 635-7200 Attorney for Plaintiff ALLFIRST BANK flkla FIRST NATIONAL MORTGAGE: aIkIa FIRST NATIONAL BANK OF MARYLAND CUMBERLAND COUNTY COURT OF COMMON PLEAS V. DAVID M. CHERRY aIkIa DAVID MICHAEL CHERRY: AND DANA L. CHERRY NO. 00-1799 AFFIDAVIT PURSUANT TO RULE 3129.1 Allfirst Bank flkla First National Mortgage a/k/a First National Bank of Maryland, Plaintiff in the above action, sets forth as of the date that the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at: 606 Allenview Drive Mechanicsburg, P A 17055 (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") "'c;>W)f'1 ~~~ '- ~ , < "~ .~ - - .. <"- F:\DA TA\HOME\JGEFTMAN\ALLFIRST\CHERRY 940.003\12-4-02 writ.wpd 1. Name and address ofOwner(s) or Reputed Owner(s): David M. Cherry aIkIa David Michael Cherry Dana L. Cherry 606 Allenview Drive Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: David M. Cherry alkla David Michael Cherry Dana L. Cherry 606 Allenview Drive Mechanicsburg, P A 17055 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Pennsylvania Power & Light Company 1801 Brookwood Street Harrisburg, P A 17015 PP&L 827 Hausman Road Allentown, PA 18104 Allenview Home Owners Association, Inc. 3512 Trindle Road Camp Hill, PA 17011 Allfrrst Bank 7495 New Horizon Way Frederick, MD 21703 Faircloth Plumbing and Heating 25 W. York Street Dillsburg, P A 17019 4, Name and address of the last recorded holder of every mortgage of record: Allfirst Bank f/kla First National Mortgage aIkIa First National Bank of Maryland 7495 New Horizon Way Frederick, MD 21703 5. Name and address of every other person who has any record lien on the property: N/A 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: Cumberland County Domestic Relations Dept. 13 N. Hanover Street Carlisle, P A 17013 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, P A 17013 Upper Allen Township 100 Gettysburg Pike Mechanicsburg, P A 17055 "_l r-- , -'''~~,~.-^' " F:\DATA\HOME\JGEFTMAN\ALLFIRST\CHERRY 940,003\12-4-02 writwpi:l 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: Marlin Y ohn 6 Hickory Lane Mechanicsburg, P A 17055 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 underst at false statements herein are made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to rn falsification to authorities. 7/3/2-- DATE I RRY S. SCHUMAN, ESQUIRE Attorney for Plaintiff - -~. , . '1 4. . DESCRIPTION ALL THAT CERTAIN piece or parcel ofland Situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a Plan by Rogers and Frederick dated November 19, 1984, as follows, to wit: ALL that land in Stage 111, Section C, Townhouse Plot No.7, being more particularly described on said Plan as recorded in Plan Book 46, page 133 and being designated on said Plan as Lot No. 7-D, and also known as 606 Allenview Drive, Mechanicsburg, Pennsylvania 17055. BEGINNING at a point on the Northwest comer of Lot #7-C, said point of beginning being referenced the following coursed and distance from a point on the Western side of Allenview Drive, at line of Allenview, Stage 111, Section B: (1) North 75 degrees 17 minutes East, a distance of35.04 feet; (2) South 14 degrees 41 minutes East, 15.16 feet; and (3) North 75 degrees 19 minutes East, a distance of 62.66 feet to the point and place of beginning; thence North 75 degrees 19 minutes East, a distance of20.84 feetto a point; thence along line of Lot #7-E, South 14 degrees 41 minutes East, a distance of 57.50 feet to a point; thence South 75 degrees 19 minutes West, a distance of 20,84 feet to a point; thence along line of Lot #7-C, North 14 degrees 41 minutes West, a distance of 57,50 feet to a point, the place of beginning. Tax Parcel # 42-28-2423-356 ;'c;,..jj;~~ . ,~ ,- , " " -'- < '," ,. ~~ -" ' - . ,~ ~ "" ~ ~ .' ~..'" ~- -Of).: S2ld.- ~/ (?l -< r--'c-' :s .." ~t~; :? o r- ~ "I. t. . C) l'v c_ C r-- I '.0 o -n ~::.! '--n lr:,::; ;-;1:' -~'} (rJ ~.J J~ ~-== ~l~ ,-->(~ (Sin ~ -< :1::'" --i~ \.D c- e::) ~- ~_II ~ _~~" ,~~ ""'~'~'-"1!~~~i1lli1l1'ilg~1!wrl_~ l -. F:\DATA\HOME\JGEFfMAN\ALLFIRS1\CHERRY 940.003\12-4-02 writ.wpd JAFFE, FRIEDMAN, SCHUMAN, SCIOLLA NEMEROFF & APPLEBAUM, P.c. KERRY S. SCHUMAN, ESQUIRE LD. NO. 40352 7848 Old York Road, Suite 200 Elkins Park, PA 19027 (215) 635-7200 Attorney for Plaintiff ALLFIRST BANK f/k/a FIRST NATIONAL MORTGAGE; a/k/a FIRST NATIONAL BANK OF MARYLAND CUMBERLAND COUNTY COURT OF COMMON PLEAS V. DA VlD M. CHERRY a/k/a DA VlD MICHAEL CHERRY: AND DANA L. CHERRY NO. 00-1799 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN 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 BEAN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: David M. Cherry a/k/a David Michael Cherry and Dana L. Cherry Your house at 606 Allenview Drive, Mechanicsburg, P A 17055 is scheduled to be sold at Sheriffs Sale on December 4,2002 at 10:00 a.m., in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the courtjudgmentof$124,969.76 plus legal interest of$13,063.44 obtained by Allfirst Bank f/k/a First National Mortgage a/k/a First National Bank of Maryland against you. 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 canceled if you pay to the mortgagee the amount of the judgment plus costs, the back payments, late charges costs and reasonable attorneys fees due. To find out how much you must pay, you may call Kerry S. Schuman, Esquire at (215) 635-7200, 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 STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. ~~"'~"",", r'~' ,-' F:\DATA\HOME\JGEFlMAN\ALLFIRS1\CHERRY 940.003\12-4-02 writwpd 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Kerry S. Schuman, Esquire, at: (215) 635-7200. 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 ifthe buyer pays the Sheriff the full amount due in the sale. To fmd out iftms has happened, you may call Kerry S. Schuman, Esquire, at (215) 635-7200. 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 a 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 on January 6, 2003. 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 January 6, 2003. 7, You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. yOU SHOULD TAKE TillS 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. CUMBERLAND COUNTY COURT ADMINISTRATOR 4th Floor Cumberland County Courthouse Carlisle, P A 17013 (717) 240-6200 Very truly yours, JAFFE, FRIEDMAN, SCHUMAN, SCIOLLA, NEMEROFF & APPLEBAUM, P.C. ~ Kerry S. Schuman KSS:srm 1CC ~ , "-- , '. F:\DATA\HOME\JGEFTMAN\ALLFIRSl\CHERRY 940.003\12-4-02 writ.wpd ORDER FOR SERVICE (ALL INFORMATION FROM A TIORNEY J\.1UST BE FILLED IN BEFORE SERVICE CAN BE MADE) PLEASE PREPARE A SEPARATE ORDER FOR SERVICES FORM FOR EACH DEFENDANT TO BE SERVED BY THE SHERIFF TO: SHERIFF OF CUMBERLAND COUNTY DATE PROTHONOTARY NO, 00-1799 ATTY, NAME & ADDRESS KERRY S, SCHUMAN, ESQUIRE 7848 OLD YORK ROAD, SUITE 200 ELKINS PARK, PA 19027 SHERIFF COST TOTAL WRIT OF ExecutionINotice of Sheriffs Sale COMPLAINT IN OTHER ATTY 1.0, # 40352 TELEPHONE # 215-635-7200 FOR SHERIFF USE ONLY Allfrrst Bank flkla First National Mort2a2e aIkIa First National Bank of Mary land PERSON SERVED vs, PLAINTIFF RELATIONIPOSITION PLACE OF SERVICE David M, Cherry aIkIa David Michael Cherry and Dana L, Cherry DEFENDANT TIME OF SERVICE DATE OF SERVICE SERVE UPON Dana L. Cherry LOCA nON (Must Have Valid Address or Directions) (NO NOT USE P,O, BOX OR R,D, #), IF TOWNSHIP PLEASE SPECIFY NUMBER OF ATTEMPTS DEPUTY 606 Allenview Drive Mechanicsburg, P A 17055 DEPUTY LAST DAY FOR SERVICE SPECIAL INSTRUCTIONS: DIRECTIONS: (IF NECESSARY) Please serve Defendant personally , We will serve all lienholders and file an Affidavit of Service to that effect. SERVICE WAS NOT MADE BECAUSE: (For Sheriff Use Only) WHEN ANY DEPUTY SHERIFF LEVYS OR ATTACHES PROPERTY HE WILL LEAVE THE PROPERTY WITHOUT A WATCHMAN AND IN CUSTODY OF PERSON FOUND IN POSSESSION AFTER NOTIFYING THE PERSON THE PROPERTY IS UNDER A SHERIFF LEVY, THE DEPUTY IS NOT LIABLE IN ANY WAY FOR PROTECTING PROPERTY BEFORE SHERIFFS SALE, ~,\<jl;j _ " . F:\DATA\HOME\JGEFTMAN\ALLFIRSTlCHERRY 940.003\12-4-02 writ.wpd ORDER FOR SERVICE (ALL 1NFORMATION FROM ATTORNEY MUST BE FILLED IN BEFORE SERVICE CAN BE MADE) PLEASE PREPARE A SEPARATE ORDER FOR SERVICES FORM FOR EACH DEFENDANT TO BE SERVED BY THE SHERIFF TO: SHERIFF OF CUMBERLAND COUNTY DATE PROTHONOTARY NO, 00-1799 ATTY, NAME & ADDRESS KERRY S, SCHUMAN, ESQUIRE 7848 OLD YORK ROAD, SUITE 200 ELKINS PARK, PA 19027 SHERIFF COST TOTAL WRIT OF ExecutionINotice of Sheriff's Sale COMPLAINT IN OTHER A TTY LD. # 40352 TELEPHONE # 215-635-7200 FOR SHERIFF USE ONLY AlIfrrst Bank flkla First National Mortgage a/kIa First National Bank of Marvland PERSON SERVED vs, PLAINTIFF RELATIONIPOSITION PLACE OF SERVICE David M, Cherry a/kIa David Michael Cherry and Dana L. Cherry DEFENDANT TIME OF SERVICE DATE OF SERVICE SERVE UPON David M. Cherry a/kIa David Michael Cherry LOCATION (Must Have Valid Address or Directions) (NO NOT USE P,O, BOX OR R.D, #), IF TOWNSHIP PLEASE SPECIFY NUMBER OF ATTEMPTS DEPUTY 606 Allenview Drive Mechanicsburg, P A 17055 DEPUTY LAST DAY FOR SERVICE SPECIAL INSTRUCTIONS: DIRECTIONS: (IF NECESSARY) Please serve Defendant personally. We will serve all lienholders and file an Affidavit of Service to that effect. SERVICE WAS NOT MADE BECAuSE: (For Sheriff Use Only) WHEN ANY DEPUTY SHERIFF LEVYS OR ATTACHES PROPERTY HE WILL LEAVE THE PROPERTY WITHOUT A WATCHMAN AND IN CUSTODY OF PERSON FOUND IN POSSESSION AFTER NOTIFYING THE PERSON THE PROPERTY IS UNDER A SHERIFF LEVY THE DEPUTY IS NOT LIABLE IN ANY WAY FOR PROTECTING PROPERTY BEFORE SHERIFFS SALE, H~"L1 -, . F:\DATA\HOME\JGEFTMAN\ALLFIRSTlCHERRY 940.003\12-4-02 writ.wpd JAFFE, FRIEDMAN, SCHUMAN, SClOLLA NEMEROFF & APPLEBAUM, P.C. KERRY S. SCHUMAN, ESQUIRE I.D. NO. 40352 7848 Old York Road, Suite 200 Elkins Park, PA 19027 (215) 635-7200 Attorney for Plaintiff ALLFIRST BANK flkla FIRST NATIONAL MORTGAGE: aIkIa FIRST NATIONAL BANK OF MARYLAND CUMBERLAND COUNTY COURT OF COMMON PLEAS V. DAVID M. CHERRY aIkIaDAVID MICHAEL CHERRY: AND DANA L. CHERRY NO. 00-1799 WRIT OF EXECUTION NOTICE This paper is a "Writ of Execution." It has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. You have the right to petition the Court to open the judgment against you for valid reasons. You also have the right to petition or motion the Court to strike off the judgment against you for valid reasons. If your property is sold at Sheriffs Sale, you may petition the Court to set aside the sale for a grossly inadequate price. 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 SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR 4th Floor, Cumberland County Courthouse Carlisle, P A 17013 (717) 240-6200 ~l }l':_ ",-- ." - -~ " Ii r il::'_ ....,!!O'!I'i_, -= , - ~ r>"""'_I"...".=~~~=""" """''''''"''''"~ ~PJUI"~"..,.".,!I!!!J 9- ~~" 2~~f.F ~~ i~~- (f)~ f-; ~):c; ~. (::2 "7 =< , " c..) r"-..) () --f1 ;'~; I ,,n ~ T1r ;"'jl " ~2 ~J; -'1 -i') ("1~ >~;~ -:c~ :::'f: i...!..,") c- eo -, .~.- ::0 -< ~"~,~_ llJll!l!f~~IHfl~J/W;;''!ilwr; ~,,=~_",_ ~"'~ ""!~'-"lIlI!fl\t.'fl~fiiWIHIIit"!!I!H!IIRf1~~~_"""""",fIBl "". -J~t,j ';;'.'~s.;';:~,,~ ~-,~ ~,,::~:~ I.,.... , ( . . ... F:\DATA\HOME\JGEFTMAN\ALLFlRS1\CHERRY 940.003\12-4-02 writ.wpd , JAFFE, FRIEDMAN, SCHUMAN, SCIOLLA NEMEROFF & APPLEBAUM, P.c. KERRY S. SCHUMAN, ESQUIRE I.D, NO. 40352 7848 Old York Road, Suite 200 Elkins Park, P A 19027 (215) 635-7200 Attorney for Plaintiff ALLFIRST BANK flk/a FIRST NATIONAL MORTGAGE; ttIkIa FIRST NATIONAL BANK OF MARYLAND CUMBERLAND COUNTY COURT OF COMMON PLEAS V. DAVID M, CHERRY alkla DAVID MICHAEL CHERRY: AND DANA L. CHERRY NO. 00-1799 AFFIDAVIT OF SERVICE , / }<ERRY S. SCHUMAN, ESQUIRE, being duly sworn according to law, deposes and says that on 7('<1/'''--, he did send by regular mail, postage prepaid, a true and correct copy of the Notice of Sheriff's Sale of Real Property regarding the above-captioned matter to: Pennsylvania Power & Company 1801 Brookwood Street Harrisburg, PA 17015 Light PP & L 827 Hausman Road Allentown, PA 18104 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, P A 17013 Allenview Home Owners Association, Inc. 3512 Trind1e Road Camp Hill, P A 17011 Allfirst Bank 7495 New Horizon Way Frederick, MD 21703 Upper Allen Township 100 Gettysburg Pike Mechanicsburg, PA 17055 Faircloth Plumbing and Heating 25 W. York Street Dillsburg, PA 17019 Cumberland County Domestic Relations Dept. 13 N. Hanover Street Carlisle, P A 17013 Marlin Y 000 6 Hickory Lane Mechanicsburg, P A 17055 A true and correct copy of each Certificate of Mailing is attached hereto. KERRYS.S~~RE Attorney for Plaintiff Sworn to and subspribed befo e me thisJ'/.5Ifiay of , 2002. Notary Public NOTARIAL SEAL STEPHANIE R. MASON, Notary Public Chellenham Twp., Montgomery County Mv Commission Expires March 12, 2005 ',:,;;.,:., -;-;,. ~---"" 2: ~ I \;; ~ ~ ~ . o " 8 ~ ~ ~ Q ~ ,""',- ".~~ ....J) 8 -..9 i ." o g ." o ~ ~ .., = ~ 8 ~ t'" ~ .., ." ~ 0 ;Ql ~ .., en ~~ t;I ~ >-- l' ~ ~ tll ;::j""" ~ ~~ 1 1;;1 .Q, ~ ~ o 2 := ~" ~ ~' t'" ~ t'" -il C! f 2 ~ .., ." ~ Z [!iUifif !" ~~~ a Be:. ...,:; if Ii !! ~.' ~ . 'l S":;! ~ _"S'p!...,f; a i l!!..", ~,ifg -, & !t~~!~~&.g' _'Cl.. a ~ a ..: :s:: Ei" s'g' ,~ '" ~li-a -"~ l!!.. 3.~~. 5"~ ~ ~, "!l:~ Cl..t ~'" ;'e:'I:l a Ii i>j l!l =-~ =._,8'<= _.t~~~; [ jte:i>llV>o c S' G"'..: 9 5 g li-UO ",,2:::5:& l!!.. '" g. 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R Q' ~tJ ()c , " Oen , 0 00 , 0. o ~ ~.".o tnoo.o> () en.9: a. 8i tr1~0'.t!l>;; ~~U~. ~ 8 g,'O >~'s ~ zrn ~ti t:I g, S' Hi t:i _ocr -, ,,"-e:o~ .........,..,c tri z,-C' g. o=-~ ." ~~ o~ ",en 0' n I:l ."en o ' o ;r: ~~ o 0 8 :4 .' ~~ 00 _ ;;' o - T 0' ',~~ "~ ", " ,,-, ~ ".,-"' - ~-;"-"'R%l':gt~I::~" -"' , (") (;) 0 c: r0 -n s:: :po ,-I ;fjp,;; c: ~~'~ :0 G') ,; r- Z:I'l I -nm Zc;.: 1'.' ;"'6 ~"'~ 5.:; ~c; -0 ~~~ i> -' ':>('5 zQ i.-._(...... N Of11 PC: --I ~ '.J1 15 O~) -<: n~ ~~- ^~ > ..,_ ,,,,,,,,,,,,,,,_~~Dffl!lIilFil"Jl,,_ ~~I'Wl'ii!If,H~JITh'~~'I'!'E'01I~~;l<'Il!\!i-"~!I'!OO'!~~""W"'!i~~'!l ,_~_",~I!I'!I , , '!!ilf,ii._ _~ __ , Allfirst Bank fi'kla First National Mortgage alk/a First National Bank of Maryland VS David M. Cherry alk/a David Michael Cherry And Dana L. Cherry In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2000-1799 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Kerry Schuman. Sheriff s Costs: Docketing Surcharge Advertising Posting Bills Law Library Prothonotary Mileage Levy Certified Mail Law Journal Patriot News Poundage Postpone Sale Share of Bills 30.00 30.00 15.00 15.00 .50 1.00 16.56 15.00 5,09 293.30 232.15 13.98 20.00 25.20 $ 712,78 paid by attorney 03/04/03 Sworn and subscribed to before me ~~ . ~~ This 1.2 ~' day of ~ ., - e:--. Cof' ~ R. Thomas Kline, Sheriff 2003, A.D. 1'1; ,a Ivu"'y up; BY J.ctf2I JJudJ. Prothonotary Real Estate Deputy -? I ,01> . "'9a u-... ,) I ~ /3fN9....3 --. ~ - , F:\DATA\HOME\JGEFIMAN\ALLFmS1\CHERRY 940.003\12-4-02 writ.wpd < JAFFE, FRIEDMAN, SCHUMAN, SCIOLLA NEMEROFF & APPLEBAUM, P.C. KERRY S. SCHUMAN, ESQUIRE LD. NO. 40352 7848 Old York Road, Suite 200 Elkins Park, P A 19027 (215) 635-7200 ALLFIRST BANK flk/a FIRST NATIONAL MORTGAGE: alkla FIRST NATIONAL BANK OF MARYLAND Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS V. DAVID M. CHERRY aIkIa DAVID MICHAEL CHERRY: AND DANA L. CHERRY NO. 00-1799 AFFIDAVIT PURSUANT TO RULE 3129.1 Allfirst Bank flk/a First National Mortgage aIkIa First National Bank of Maryland, Plaintiff in the above action, sets forth as of the date that the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at: 606 Allenview Drive Mechanicsburg, P A 17055 (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") "%:r._ _ " F:\DATA\HOME\JGEFTMAN\ALLFIRST\CHERRY 940,003\12-4-02 wril.wpd , 1. Name and address of Owner(s) or Reputed Owner(s): David M. Cherry alkla David Michael Cherry Dana L. Cherry 606 Allenview Drive Mechanicsburg, P A 17055 2. Name and address ofDefendant(s) in the judgment: David M, Cherry alkla David Michael Cherry Dana L. Cherry 606 Allenview Drive Mechanicsburg, P A 17055 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Pennsylvania Power & Light Company 1801 Brookwood Street Harrisburg, P A 17015 PP&L 827 Hausman Road Allentown, PA 18104 Allenview Home Owners Association, Inc. 3512 Trind1e Road Camp Hill, PA 17011 Allfirst Bank 7495 New Horizon Way Frederick, MD 21703 Faircloth Plumbing and Heating 25 W. York Street Dillsburg, P A 17019 4. Name and address of the last recorded holder of every mortgage of record: Allfirst Bank fIkIa First National Mortgage aIkIa First National Bank of Maryland , 7495 New Horizon Way Frederick, MD 21703 5. Name and address of every other person who has any record lien on the property: N/A 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: Cumberland County Domestic Relations Dept. 13 N. Hanover Street Carlisle, P A 17013 Cumberland County Tax Claim Bureau One Courthouse Square Carlisle, P A 17013 Upper Allen Township 100 Gettysburg Pike Mechanicsburg, P A 17055 ;------;11 . '; -~ ,'-' -~ ~, ,-' F:\DATA\HOME\JGEFTMAN\ALLFmsnCHERRY 940.003\12-4_02 writ.wp(I 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: Marlin Y ohn 6 Hickory Lane Mechanicsburg, PA 17055 1 verifY that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I unders at false statements herein are made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to rn falsification to authorities. 1/3;/2-- DATE f RRY S. SCHUMAN, ESQUIRE Attorney for Plaintiff '~J;" ~ .,- e' DESCRIPTION ALL THAT CERTAIN piece or parcel of land Situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a Plan by Rogers'and Frederick dated November 19, 1984, as follows, to wit: ALL that land in Stage III, Section C, Townhouse Plot No.7, being more particularly described on said Plan as recorded in Plan Book 46, page 133 and being designated on said Plan as Lot No. 7-D, and also known as 606 Allenview Drive, Mechanicsburg, Pennsylvania 17055. BEGINNING at a point on the Northwest comer of Lot #7-C, said point of beginning being referenced the following coursed and distance from a point on the Western side of Allenview Drive, at line of Allenview, Stage III, Section B: (1) North 75 degrees 17 minutes East, a distance of 35.04 feet; (2) South 14 degrees 41 minutes East, 15.16 feet; and (3) North 75 degrees 19 minutes East, a distance of 62.66 feet to the point and place of beginning; thence North 75 degrees 19 minutes East, a distance of20.84 feetto a point; thence along line of Lot #7-E, South 14 degrees 41 minutes East, a distance of 57.50 feet to a point; thence South 75 degrees 19 minutes West, a distance of 20.84 feet to a point; thence along line of Lot #7-C, North 14 degrees 41 minutes West, a distance of 57. 50 feet to a point, the place of beginning. Tax Parcel # 42-28-2423-356 ~, .." ~ <.- , - F:\DATA\HOME\JGEFTMAN\ALLFDlSTlCHERRY 940.003\12-4"()2 writwpd JAFFE, FRIEDMAN, SCHUMAN, SCIOLI:A NEMEROFF & APPLEBAUM, P.C. KERRY S, SCHUMAN, ESQUIRE LD. NO. 40352 7848 Old York Road, Suite 200 Elkins Park, PA 19027 (215) 635-7200 ALLFIRST BANK f/kla FIRST NATIONAL MORTGAGE: a/kIa FIRST NATIONAL BANK OF MARYLAND Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS V. DAVID M. CHERRY a/kIa DAVID MICHAEL CHERRY: AND DANA L. CHERRY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOVSL Y RECEIVED A DISCHARGE IN BANKRUPTCY, 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. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY NO. 00-1799 TO; David M. Cherry a/kIa David Michael Cherry and Dana L. Cherry Your house at 606 Allenview Drive, Mechanicsburg, P A 17055 is scheduled to be sold at Sheriff's , Sale on December 4, 2002 at 10:00 a.m., in the Cumberland-County-Courthouse, South Hanover Street, n____ Carlisle, PA 17013, to enforce the courtjudgmentof$124,969.76 plus legal interest of$ 13,063.44 obtained by Allfrrst Bankf/kla First National Mortgage a/kIa First National Bank of Maryland against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take inunediate action: 1, The sale will be canceled if you pay to the mortgagee the amount of the judgment plus costs, the back payments, late charges costs and reasonable attorneys fees due. To find out how much you must pay, you may call Kerry S. Schuman, Esquire at (215) 635-7200, 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 STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. "- -,- F:\DATA\HOMEIJOEFTMAN\ALLFIRSTlCHERRY 940.003\12-4-02 writ.wpd . 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Kerry S. Schuman, Esquire, at: (215) 635-7200. 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 ifthis has happened, you may call Kerry S. Schuman, Esquire, at (215) 635-7200. 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 a 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 bring1egal 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 on January 6, 2003. 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 January 6, 2003. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE TillS 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:YOUCAN GETLEGALHRhP;--~-----------~-- CUMBERLAND COUNTY COURT ADMlNlSTRATOR 4th Floor Cumberland County Courthouse Carlisle, P A 17013 (717) 240-6200 Very truly yours, JAFFE, FRIEDMAN, SCHUMAN, SCIOLLA, NEMEROFF & APPLEBAUM, P.C, ~ Kerry S. Schuman KSS:srrn ;'~1lI '- , WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLV ANTA) COUNTY OF CUMBERLAND) NO 00-1799 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ALLFIRST BANKFIKIA FIRST NATIONAL MORTGAGE AfKIA FIRST NATIONAL BANK OF MARYLAND, Plaintiff (s) From DAVID M. CHERRY AfKIA DAVID MICHAEL CHERRY AND DANA L. CHERRY, 606 ALLENVIEW DRIVE, MECHANICSBURG, P A 17055 (1 ) You are directed to levy upon the property of the defendant (s land 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 ansubject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $124,969.76 L.L. $.50 Interest FROM 3/8/01 TO 12/4/02 @ $20.54/DIEM $13,063.44 Ally's Comm % Due Prothy $1.00 Ally Paid $839.52 Other Costs Plaintiff Paid Date: JULY 9, 2002 CURTIS R. LONG (Seal) Prothonotary -8Y: LJA~/'o 0 - ~ 7tzCO/2/Y' r Deputy REQUESTING PARTY: Name KERRY S. SCHUMAN, ESQUIRE Address: 7848 OLD YORK ROAD, SIDTE 200 ELKINS PARK, PA 19027 Attorney for: PLAINTIFF Telephone: 215-635-7200 Supreme Court ID No, 40352 ,-.-" --, -~" ~rf .-' -'~ - -- --- '''-P'-- Real Estate Sale # 02 On August 8, 2002 the sherifflevied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, P A known and numbered as 606 Allenview Drive, Mechanicsburg more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 8, 2002 By:Jorlll Srvuth Real Es'ta17e Deputy I . \ i .Ii> I. ...':or. 't;-' I' ')' --\ : C' p, ~ r" ) , ; -' :) i; ;"" _J (J n l'~ E:, 01 Ollnr H~I,' ,1:i ;W\j~!!if. . '.' +i,;,,,j() r-~ 11 ~tlI'l'l :!I)~" ~ . ,,,,,",,,,,,,",,~:!(l'lfIf,ffiI!l~~~,"~,,,,,",~~~I~~~o'")!t"IHf"''''';Il>'';'''-'''''''''''''!ifB'':-rr''',1""~"fW~'liWW~i'!1~'''''''n'l''''\ll=}I''-W?7!1'-':;!'-^'~'!f'"l'>T'l"T.;rn1'lI''i'r'fj!i<ff~!~~m:llm' REAL ESTA'l'E SALE NO.2 Writ No, 2000-1799 Civil Allfrrst Bank, f/k/a First National Mortgage, a/k/ a First National Bank of Maryland vs, David M, Cheny. a/k/ a David Michael Cheny and Dana L. Cherry Atty,: Kerry Schuman DESCRIPTION ALL THAT CERTAIN piece or par- cel of land Situate in Upper Allen Township. Cumberland County, Pennsylvania. more particularly bounded and described in accor- dance with a Plan by Rogers and Frederick dated November 19, 1984, as follows. to wit: ALL that land in Stage Ill, Sec- tion C. Townhouse Plot No.7. be- ing more particularly described on said Plan as recorded in Plan Book 46, page 133 and being designated on said Plan as Lot No.7-D. and also lmown as 606 Allenview Drive. Mechanicsburg, Pennsylvania 17055, BEGINNING at a point on the Northwest comer of Lot #7-C, said point of beginning being referenced the following coursed and distance from a point on the Western side of Allenview Drive, at line of Allenview. Stage III. Section B: (1) North 75 degrees 17 minutes East, a distance of 35,04 feet; (2) South 14 degrees 41 minutes East, 15.16 feet; and (3) North 75 degrees 19 minutes Easl, a distance of 62.66 feet to the point and place of beginning; thence North 75 degrees 19 minutes East, a dis- tance of 20.84 feet to a point; thence along line of Lot #7-E, South 14 degrees 41 minutes East, a distance of 57.50 feet to a point; thence South 75 degrees 19 minutes West, a di8~ tance of 20.84 feet to a point; thence along line of Lot #7-C. North 14 degrees 41 minutes West, a distance ' of 57,50 feet to a point. the place of beglrmlng, Tax Parcel #42-,28-2423-356, " ~i -:' -I ~~!1:'r t,'._ 'r,';f""I"'lf!'I~"'''''! I.,i 1:1'-11 ;, ~-~1 , PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 STATE OF PENNSYL VANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgentbal, Esqnire, 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: OCTOBER 25, NOVEMBER 1, 8,2002 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Joumal, 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. / Roger M. Morgentha1, Editor ~ SWORN TO AND SUBSCRIBED before me this 8 day of NOVEMBER. 2002 N8WmSEAL LOIS E. SNYDER, Notary Public Car!lsIe Ilolo, Cum!lWnd County My CommissIon Ellpim March 5, 2005 ''-''''1'''0, ,~ ~ ~~,,~ . ,,', 't THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} S5 Frank J. Epler being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co" a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and-Ihe. Sundav Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot.News and The Sunday Patriot-News were established March 4th, 1854, ~and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily andlor Sundayl Metro editions which appeared on the 22nd and 29th day(s) of October and the 5th day(s) of November 2002, That neither he nor said Company is interested In the subject matter of said printed noticeoT advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317, PUBLICATION COPY S ALE #2 ,--'" ~.~.,.......n..................".,""',.,',..,",.., otarial e Terry L, Russell, Notary Publi City Of Harrisburg, Dauphin n My Commission Expires June 6, NARY PUBLIC Member Pennsylvania Association Of Notaries . My commission expires June 6, 2006 ber 2002 A,D, F"'REAL ESTATE SALE No.2 ~~~ Writ No. 2000-1799 ~;:- -Civil Term '>e' .4Alllirst Bank Ilk/a First ~3"Natlonal Mortgage aIkla ~ 'First NatIonal Bank of i'~daVid ~~.g,a;,: OIk/a ~ :;r ~llavld MiChael Cherry and ~~- ~ Dana L. Cherry ~*"~- AttY:- Kerry Schuman .. ~. ,)lESC1WflOJ< " ~ .. ~_1'HAT CERTAIN piece of land SItuate m -::_ pper -Allen' Township, . Cumberland County, i:"""ia, more p"",uwly !J<lunded ""d _ ~i;d in ~cordange With a Plan by Rogers ~ rooerick_ dated November 19, 1984, as ~~_towit:" __ __ ~'flandin Stage Ill, Section C,.Tov:nhouse "p1Q[Jro.7, being more particularly deS?nbed on ~----'!i.re.cordedinP!anBook46,pageI33 ''iffid],Ofrig dosigna~d on said PI""" Lot No, 7- bli h ' R . t f Ad rt- let ~~'-alsoknown as 606 Allenview Drive, U 5 er s ecelp or ve IS ng 05 ~iCsb\ifg,'Peml~ylvanja 17~55, Jblisher of The Patriot-News and The Sundav Patriot-News. newspapers of general . ':JffiGlNNING at a pamt on the Northwest comer Clrc-;;::Qf...Lqt #7-C,_~aid point of l,Jeginning.being ~ceipt of the aforesaid notice and publication costs and certifies that the same have beeQ~:~:ed the fo1lowin,L coilrsed and dlStance _ . rQPl,a point on lfif\yestem sRleorAJl~nvlew e a me orAllel1.V1ew, Stage lU, SecUon B: . oan '15 degreeS 17 minutes East', a dhtance . eet;-ttY-S"ou!h 14 degrees" 41-ffiinutes -- 5.16 feel; and (3) North 75 degrees 19 - - East, a-'distanc_!:'ot 62.06 feet to the point _ ofooginnirig;-t'lienceNorth 7S degrees East, a -(!istaJl_ce of ~.o,84. feel to a nce along line of Lot If7~E, South 14 . 41 minlifes East, a distance of 57.50 feet 01.1'\t" thence South is degreeS 19 mmutes ,~ ,1 d~tance of 20.84 feet to a point, thence " ~ 'I; e of Lot #7.C, North 14 degrees 41 -II1lnu~est. a diltallce of 57.50 fee/to a pomt, afFj1{~6egcjTllrag. ,:ul'1lreeW42-28.2423-3S6, CUMBERlAND COUNTY SHERIFFS OFFICE CUMBERlAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT.NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ $ $ 230.40 1.75 232,15 By.................................................................... .1' ~ JAFFE, FRIEDMAN, SCHUMAN NEMEROFF, APPLEBAUM & McCAFFERY, P.C. BY: BRIAN H. SMITH, ESQUIRE Attorney I.D. #65627 Suite 200 7848 Old York Road Elkins Park, PA 19027 (215) 635-7200 Attorney for Plaintiff : Court of Common Pleas : Cumberland County ALLFIRST BANK. fi'kla FIRST NATIONAL MORTGAGE aIkIa FIRST NATIONAL BANK. OF MARYLAND v. DAVID M. CHERRY a1k/a DAVID MICHAEL CHERRY and DANA L. CHERRY : No. 00-1799 AFFIDAVIT OF SERVICE KERRY S. SCHUMAN, ESQUIRE, being duly sworn according to law, deposes and says that on August 3, 2004, he did send by regular mail, postage prepaid, a true and correct copy of the Notice of Sheriff's Sale of Real Property regarding the above-captioned matter to; Pennsylvania Power & Light Company 1801 Brookwood Street Harrisburg, PA 17105 Al1first Bank fi'kla First National Mortgage aIkIa First National Bank of Maryland One Fountain Plaza - 6th Floor Buffalo,~ 14203 Commonwealth of Pennsylvania Dept. of Public Welfare Third Floor W Health & Welfare Bldg. Harrisburg, PA 17120 Allenview Home Owners Association, Inc. 3512 Trind1e Road Camp Hill, P A 17011 Upper Allen Township 100 Gettysburg Pike Mechanicsburg, P A 17055 Cumberland County Domestic Relations Dept. 13 N. Hanover Street Carlisle, P A 17013 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, P A 17013 Marlin Y ohn 6 Hickory Lane Mechanicsburg, P A 17055 {P:\WDOX\CUENTS\000940\00003\00005271,DQC} "- .., -.- "" -- A true and correct copy of each Certificate of Mailing is attached hereto. Respectfully submitted, By: JAFFE, FRIEDMAN, SCHUMAN, NEMEROFF, APPLEBAUM & MCCAFFERY, P.C. ~sL Attorney for Plaintiff Sworn to and sub~gibed before me this II "l'tay of~,20d";. ~~/{~ /Notify Public NOTARIAL SEAL STEPHANIE R. MASON, Notary Public Che\tenham Twp" Montgomery County ".. 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""I:j-= cr l-I"j t:l-=~ t=.,:-p- Ei ('\l t!3 (>> fr -....l (JQ 't:l 0 0 ~ ~VJ VI ," :>z ~'" ers " " ~ g, :> Et ;j ~ ~ " ." '" or " .~ '" g, ." o ~ 7' o al o " '" " '" o rf ooe: " S' 00 '0<>- ""ao ::=eel""" " " 'is, ~ '-' ;f ~ c " ;j ~ -", 0 """ n~ ~ . ~ " 0" . .., P "'1;0 " . " ;0 "'1 '" " !:l " "'1 '" " :I: " ns;:: ~~ i'f\1l> S ;!!. 3.i Ill' ",,0 ~ ~ "'1 " " "". :>z c.." c..;; @ " 00 " 00 " o c.. .., ell fl c.. o i;",.. :.~' <:~~ i J;> ;2 (p'll (!)oi1 "'Or (Ti 5;0 7'-< "T1 .o~ -o:lJ m )>7'0 .-6:lJ s: ~~~ !'Vo ~ n n~ ;;:> ;;' s. 0 ~ ~ ~ -.0'"'1 _.0 :tl o!e.q- 2.. 0.. ~ "g c..o .., ;; ~ il' ~ 00 00 :;:: ~ ." o ~ i "'1 " " ;;:>n ill ". ~~il'~ ~:;'QCl) g "'0 a.:g :; 5; ~ a ~ fL e.'B. ..... --I>> eo ~ 0' $"; E: ~:::I 0 ~ g ~ ~ c:- " ~ ~C38:~> n ell _, _, S m-3a.::n>c: =o::gg;!4 -3>e.o~ ;;:>go.;; ~'O :'::r' > _. ~ (Il z g 2:. a Oo.=-: -. ..,.'" t:l c.~ tn' >:::. 0 ~ 00 ~ " @;t.~o.. o=..,~ ." "''I' - o. ....-.~. ,. ~ .~ " ~~ ,_~_.~~ ~rAlIJ'l"'!lII\f'!IIl~1!lm\IlOC~~..,,<tf!;I ~ () _f; q:ii") , t~ :~.~" ~;( 5i,',(;', :j -<. I,""".....~""~.l!l~~~ ..... < , '" <"" C".:':;,1 oJ.::- .:t~'" I""~- j~t5 (} -n '-1 rTiF"? -ci,--n S~:r2~ '~5~ ~',~~ J~i~ {5 -< ,:;y') :::.,~. '.9 (," c') - JAFFE, FRIEDMAN, SCHUMAN NEMEROFF, APPLEBAUM & McCAFFERY, P.C. BY: BRIAN H. SMITH, ESQUIRE Attorney I.D. #65627 Suite 200 7848 Old York Road Elkins Park, PA 19027 (215) 635-7200 ALLFIRST BANK f7k/a FIRST NATIONAL MORTGAGE aIkIa FIRST NATIONAL BANK OF MARYLAND Attorney for Plaintiff Court of Common Pleas Cumberland County v. DAVID M. CHERRY aIkIa DAVID MICHAEL CHERRY and DANA L. CHERRY No. 00-1799 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Allfirst Bank f7k/a First National Mortgage aIkIa First National Bank of Maryland, Plaintiff in the above action, sets forth as of the date that the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at: 606 Allenview Drive Mechanicsburg, P A 17055 (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") {P:I WDOXlCLIENTSI000940100003100005271,DOC} '..", ~ .,. ,- , -- 1. Name and address ofOwner(s) or Reputed Owner(s): David M. Cherry a/k/a David Michael Cherry Dana L. Cherry 606 Allenview Drive Mechanicsburg, P A 17055 2. Name and address ofDefendant(s) in the judgment: David M. Cherry a/k/a David Michael Cherry Dana L. Cherry 606 Allenview Drive Mechanicsburg, P A 17055 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Pennsylvania Power & Light Company 1801 Brookwood Street Harrisburg, PA 17105 Al1enview Home Owners Association, Inc. 3512 Trindle Road Camp Hill, P A 17011 Upper Allen Township 100 Gettysburg Pike Mechanicsburg, P A 17055 Allfrrst Bank f7k/a First National Mortgage a/k/a First National Bank of Maryland One Fountain Plaza - 6th Floor Buffalo, NY 14203 4. Name and address of the last recorded holder of every mortgage of record: Al1first Bank f7k/a First National Mortgage a/k/a First National Bank of Maryland One Fountain Plaza - 6th Floor Buffa10,}fY 14203 5. Name and address of every other person who has any record lien on the property: N/A 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: Cumberland County Domestic Relations Dept. 13 N. Hanover Street Carlisle, P A 17013 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, P A 17013 Commonwealth of Pennsylvania Dept. ofpublic Welfare Third Floor W Health & Welfare Bldg. Harrisburg, PA 17120 {P:IWDOXICLlENTSI000940100003100005271,DOC} " -.. 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: Marlin Yohn 6 Hickory Lane Mechanicsburg, P A 17055 Upper Allen Township 100 Gettysburg Pike Mechanicsburg, P A 17055 I verify that the stat=ents made in this affidavit are true and correct to the best of my personal knowledge or information and belief. 1 understand that false stat=ents herein are made subject to, the penalties of 18 Pa.C.S. Sec. 4904 relating ~sworn fa1sificati.on to authorities.~ /~ DATE KERRY S. SCHUMAN, ESQUIRE Attorney for Plaintiff {Pol WDOX\CLffiNTS\000940\00003\00005271 ,DOC} r'~~~', --~-~ -~,..., , ~ " ,"'" ,..,. ~ ,~~~~Ifl~IlfI"",'<'('.~_ (') Il~~ n'1I_"~,,,1 __p') I, ~- ;--11' (/l _c ,,,,,:, :<<::-.- " Joe __ ~~}:: .c' -"I -< ~l? W Ul "> c:::, = .&;- ;J;k c- d:;) o ,., --j :r: rn ::n r- l:;P"1 tSil? ~'4:1-f:.r/ ~I- ~'rt ~",?n 2'::11'71 ;::-::! :oj ._< 0') J"...." -',-~, -.li" _ 1m'~~IliU!I(Il"'!IIIIIII!iIU_"'m_<~ !~ITj!!f~'" i '1WThL ~ " , - ALLFIRST BANK f/kIa FIRST NATIONAL MORTGAGE aIkIa FIRST NATIONAL BANK OF MARYLAND, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA tJ : NO. 00-1799 CNIL TERM vs. : CNIL ACTION-LAW DAVID M, CHERRY aIkIa DAVID MICHAEL CHERRY and DANA L. CHERRY, Defendants : MORTGAGE FORECLOSURE AND NOW, this ORDER rz~ day of December, 2004, upon consideration of Petitioners' Petition for Special Order to Postpone Sheriff Sale Pursuant to Pa.R.C.P. No. 3129.3(a); and all other maters of record, the Sheriff of Cumberland County, Pennsylvania is directed to postpone the Sheriff Sale in the above matter scheduled for December 8, 2004 until January 5, 2005 without further requirement upon Plaintiff to reissue a writ of execution or advertise the rescheduled date. The Sheriff is directed to make a public announcement of the postponement of the Sheriff Sale at the sale scheduled for December 8, 2004. / BY THE COUR " / / ( J. ~rry S. Schuman, Esquire James K. Jones, Esquire (\{a.vOeJ. 10) Attorney for Plaintiff Attorney for Defendants Jaffe, Friedman, Schuman, Sciolla, 7 Irvine Row Nemeroff & Applebaum, P.C. Carlisle, P A 17013-3019 Ste. 200, 7848 Old York Rd. E]k;M Pmk, P A 19027 'w( ~1'O~\!-~S ,.. .-,-0' '----..- ~ " HilIliIiMiliIJIiij _'~~~_'~b_ ," (") c: ;;::-... ~~[! ~(_::', ~s: c-:: 5;~ -:'1 -< Ul ,...., = eo ...- o I<"J (-J I -...I -0 :J::. <:9 o ..,., ."i;/. ~~;; :0 o -:-1 ::t:=fj Q~~ om 1;! ::0 ~<-' 1 I::. ! , !~ t t @ ... .. , - ALLFIRST BANK flkla FIRST NATIONAL MORTGAGE aIkIa FIRST NATIONAL BANK OF MARYLAND, Plaintiff : IN THE COURT OF COMMON PLEAS OF ; CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-1799 CIVIL TERM vs. CIVIL ACTION-LAW DAVID M. CHERRY aIkIa DAVID MICHAEL CHERRY and DANA L. CHERRY, Defendants MORTGAGE FORECLOSURE DEFENDANTS' PETITION FOR SPECIAL ORDER TO POSTPONE SHERIFF SALE PURSUANT TO Pa.R.C.P. NO. 3129.3(a) 1. Petitioners David M. Cherry and Dana L. Cherry are defendants in the above matter. 2. Respondent AllFirst Bank, which has now merged with M & T Bank, is Plaintiff in the above matter. 3. Respondent du1y listed Petitioners' residence located at 606 Allenview Drive, Upper Allen Township, Cumberland County, Pennsylvania for Sheriff Sale scheduled for September 8, 2004, 4. The sale was postponed to Wednesday, December 8, 2004 by Petitioners' petition for bankruptcy filed on September 7, 2004. 5. Due to previous dismissed bankruptcy petitions, the Standing Chapter 13 Trustee filed a Motion to Dismiss With Prej~dice upon the filing of Petitioners' bankruptcy petition. 6. Due to the oversight of Petitioners' counsel, all documents were filed in the bankruptcy with the exception of an Answer to the Trustee's motion. 7. Based upon the lack of an Answer, the Bankruptcy Court dismissed Petitioners bankruptcy petition thus lifting the automatic stay imposed by the Bankruptcy Code. -" , ~.... ., 8. Petitioners filed a timely Motion for Reconsideration of the Bankruptcy Court's Order dismissing their petition and the Bankruptcy Court has scheduled a hearing for December 16, 2004. 9. The next available date for a Sheriff Sale is January 5, 2005. 10. Petitioners desire to postpone the December 8, 2004 Sheriff Sale to January 5, 2005 to permit them to obtain relief from the Bankruptcy Court's Order dismissing their petition and thereafter reinstate their mortgage through a Chapter 13 plan. 11. Counsel for Respondent in the bankruptcy matter Jay B. Jones, Esquire is not opposed to the relief requested. 12. Counsel for Respondent in the mortgage foreclosure action Kerry S. Schuman, Esquire has been contacted but his client's position on the relief requested is unknown at this point. WHEREFORE, Petitioners request this Court to order the Sheriff of Cumberland County, Pennsylvania to postpone the Sheriff Sale scheduled in the above matter until January 5, 2005 without a requirement for Respondent to issue a new writ of execution or advertise the rescheduled sale date. Respectfully submitted, s K. Jones, Esq orney for Petitio' 7 Irvine Row Carlisle, P A 17013-3019 (717) 240-0296 !.?..",~ S~ ~ II II II I I' ~i !11 " Ii I' II II ~[ "I !: ~I' " '" !i ":j -.~rt ". . 1IlmlM.~",~~.. <~ , 0 ...., c: = 0 = ;;~ .x- -1'1 " c::l -1 rn ::I:-n ~ " 1'11;:-::. )._1 I ~? -.I ----10 -'0 -["-n: ," ~ (5:1J '. ;-.::.,(') C r;:: OrT\ ~:: :::;::! -:) en ~iJ .~ &- .~:( ","p~,,.,.,, "r-', _,.,,,,,,!I!fi '"~~ ALLFIRST BANK f/kla FIRST NATIONAL MORTGAGE a/kla FIRST NATIONAL BANK OF MARYLAND, PLAINTIFF V. DAVID M. CHERRY a/kla DAVID MICHAEL CHERRY and DANA L. CHERRY, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-1799 CIVIL TERM AMENDED ORDER OF COURT AND NOW, this fl. day of December, 2004, the order entered on December 7,2004, postponing the Sheriff sale scheduled this date until January 5, 2005, IS AMENDED to add the following: No additional notice shall be required to be sent to lien holders, vSr-ian Smith, Esquire Suite 200, 7848 Old York Road Elkin Park, PA 19027 For Plaintiff > 0mes K. Jones, Esquire For Defendants Sheriff :sal ., - -- //- / By the/Court, / Edgar B, Bayley, . . ",~,',". Uild~ dI'l~I'" , ,,~ ,~~ lJU!l:&lI" ~, ' ,-",' F\LED-OffICE or lHE rpnll\Ck.\OI!~H,! 2\iGtd:JEC -,8 f,~'\ Q. <;0 ,,\,i .I' v CU;\Ji" ,o..! ~ ., -tilt!' " - ~ -.,'" ~ <- , 1 , ~ ... JAFFE, FRIEDMAN, SCHUMAN NEMEROFF, APPLEBAUM & McCAFFERY. P.C. BY: BBIAN' H. sMr.ffl, ESQUIRE Attorney LD. #65627 Suite 200 7848 Old York Road Elkins Park, P.A 19027 (215) 635-7200 .ALLFIRST BANK f7kfa FIRST NATIONAL MORTGAGE a/k/a FIRST NATIONAL BANK OF MARYLAND v. DAVID M. CHERRY alkJa DAVID MICHAEL CHERRY and DANA L. CHERRY JAN 0 3 200SJV Q. If Attorney for Plaintiff Court of Common Pleas CUmberland County No. 00-1799 ORDER AND NOW, this ~ day of ~ .2005, upon consideration of the annexed Petition, it is hereby ORDERED that the Sheriff is directed to postpOne the Sheriff's Sale of 606 Allenview Drive, Mechanicsburg, P A 17055, until March 2, 2005, or until a subsequent date, if necessary, upon request of the Sheriff by Plaintiff; without the need for further advertising concerning the sale, costs, or notic {l':\WllO~OOO3lO00184S9.llOC;l} li'_;';,'W)i'( ~~H J. ". ? - " ~~ -", "....;..,"~_r , < "/_h.__ .~:.. IIiI c-, ~!",,-,"'<"-' UiY'''l!-' -"LIlLl '-= '1!iii"~"~ "-:fI!IJ.'lki~iffil!j"~~"-' ,- ~~". ,.- CvF1 rfJU~lly 9/Vc.V --to f)-/-/yJ~J.~ C?O)"Y m'i1l ~ m~ JD..xJiS P-l-1-.y r I'n ; 'I{ /). Ch~! 1 if/os-- " II ... .~~ "'- .. "" --\l'!2. " r\\..tq:;);~ol~Q\w~ OfW.E \\,01 '\~ \(); S G 2~u~ J~\~ -4 f\ '''I' j\'\\,< I !I. 1 '''-i..,;..C,\'., ::.;iA) ~__:I~.I1. l"l C\ i\'I\';"". '--""{\\JI"'\\f>., ....- <<'('-"\,>-\<-;'11.- ,,'I. ~C\ -i, ~v . . _.~ ", ,,' . ~~ . JAFFE, FRIEDMAN, scHUMAN NEMEROFF, APPLEBAUM & McCAFFERY; P.C. BY: BRIAN B. SMlTB, ESQUIRE Attorney LD. #656~7 Suite 200 7848 Old York Road Elkins Park, PA 19027 (215) 635-7200 .ALLFIRST BANK f/'kIa FIRST NATIONAL MORTGAGE alkJa FlRST NATION.AL BANK. OF MARYLAND v. DAVID M. CHERRY alkJa DAVID MICHAEL CHERRY and DANA L. CHERRY Attorney for Plahttiff Court of Common Pleas Cumberland County No. 00-1799 EX: PARTE PETmON TO POSTPONE SHE'RW'S SALE NOW COMES Plaintiff,. by and through its undersigned counsel, and :files the following Ex Parte Petition to Postpone Sheriff's Sale: 1. The instant matter was commenced by Plaintiff due to Defendant's breach under a certain promissory note and related mortgage. 2. Judgment was entered in favor of Plaintiff and against Defendant and a Writ of Execution thereafter issued scheduling Defendant's real estate for Sheriff's Sale on September 8, 2004 and then postponed to December 8, 2004. 3. The Defendants thereafter filed a series of unsuccessful Chapter 13 bankru:ptcies. 4. On October 19, 2004 an Order was entered dismissing the Defendants latest' bankruptcy case with prejudice and prombiting Defendants from filing a subsequent bankruptcy proceeding without prior leave of court for a period of two years from the dismissal of their latest bankruptcy (Case No# 04-05411). See copy of Court Order attached as Ex.bibit "A" herdo. {~:\wpoX'.Cl..WNTS\OOO~\OOOO3\OOOl84S9.DOC;1} ,~ , , Ie: .. 5. On Decen1ber 7,2004, Defendants filed a Petition to Postpone/Stay the: Sheriffs Sale, which was granted and as uesult, the Sheriff's Sale was postponed until January 5, 2005. 6. On Decen1be:r 22, 2004, Defendants reinstated their Chapter 13 bankruptcy, No. #04-05411, in the United Staies Btuikroptcy Court for the MiddleDistrlct of Pennsylvania. 7. Pa.R.C.P. 3129.3(b) pennits the Sheriff to postpone a sale:, once, for 100 days from the original sale date without further advertisement until the Court orders otherwise. 8. This Sheriff's Sale has already been postponed once by Plaintiff and once: by Defendants' Court Order. 9. Upon information and belief; Defendants have not made payments to Plaintiff during the pendency of their most recent bankruptcy, and indeed during prior bllIlkruptcies. 10. As a result thereof; Plaintiff anticipates filing a Motion for Relief from the Automatic Stay in the United States Bankruptcy Court for the Middle District ofPennsylvacia. 11. The Sheriff's Sale cannot be postponed again without the filing of a new Writ of Execution and additional advertising costs without an Order of Court. 12. As such, Plaintiff respectfully requests this Court to enter an Order directing the Sheriff to postpone the Sheriff's Sale until March 2, 2005, or until a subsequent d!lte, if necessary, upon request by Plaintiff; in order to give Plaintiff additional tilne within ",i1ich to obtain an Order granting relief from the automatic stay, and without further advertising, costs, or notice to lienholders. (p:\WDOX\CLIENl'S\QOO940\DOOO3\OOOI8459.DOC;I) ;,.. ~ ~ , ~~ ,~<,' 'I-I~- ~ WHEREFORE, Plairrtiffrespectfully requests this Honorable Court to enter an Oxder in the form attached hereto. Respectfully submitted, JAFFE, FRIEDMAN, SCHUMAN, NEMEROFF, By.~r Bnan H. Smith, Esquire Attorney for Plaintiff {P:\WIlOlC\CLlEN'mOOO940\OOOO3\DOOI8459.DOC;1} ~. _." ... VERIFICATION Brian H. Smith, Esquire, hereby states that he is the attorney for the Plaintiff in this ' action, that he is authCJJ:b:ed to take this Affidavit, and that the statexr>""t~ made in the foregoing are true and correct to the best of his knowledge, information and belief. The undersigned l.lIlderstands that this statement herein is made subject to the peoalties of 18 Pa. C.S. Section 4904, relating to unsworn ~~onAt~ ~~.J ..A L-t~ Date: ~.3 Wd) ~ 1 1 BRIAN H. SMITH, ESQUIRE Attorney for Plaintiff {p:\WOOlC\C:1ID.'TS'OOO!lJl(lIOOOO3'nOOI84S9.DOC;I} ~"," ',~ ., -, ~ UNITED STATES BANKRUPTCY COURT FOR lEE MIDDLE DISTRICT OF PENNSYLVANIA INRE: : CHAPTER 13 DAVID M. CHERRY and DANA L. CHERRY, Debtors : CASE NO. 1-04-05411 ORDER AT Harrisburg, in said district, UPON consideration of the foregoing Chapter 13 Trustee's Motion to Dismiss with Prejudice, it is HEREBY ORDERED AND DECREED that debtots' cw:rent Chapt<:r 13 case is dismissed with prejudice and debtors are prohibited from ruing a subsequent bankruptcy proceeding without prior leave of court for a period of two years from the dismissal of the instant proceeding. BYTIIECOURT: Date: October 19,2004 ?:tl[)6t~~ B P Judge (JDKl '[his electronic order is signed and filed on the same date. Ir;;- I; JAFF$, FRIEDMAN, SCBUMAN NEMEROFF, APPLEBAUM & McCAFFERY, P.C. :BY: BRIAN H. SMITH, ESQUIRE Attorney I.D. #65617 Suite 200 7848 Old York Road Elkins Park, PA 19027 (215) 635-7200 ALLFIRST BANK fJkJa FIRST NATIONAL MORTGAGE afkJa FIRST NATIONAL BAl\'K OF MARYLAND v. DA V1D M. CHERRY afkJa DA V1D MICHAEL CHERRY and DANA L. CHERRY Attorney for Plaintiff' Court of Common Pleas Cumberland County No. 00-1799 CERTIFlCATE OF SERVICE I, Brian H. Smith, Esquire, hereby certify that a true and correct copy of Plaintiff's Ex Parte Petition to Postpone the Sheriff's Sale was served by first-class mail, postage prepaid, on the3rd day of January, 2005, addressed as follows: David M. Cheuy a/kJa David Michael Cherry Dana L. Cherry , 606 Allenview Drive Mechanicsburg, P A 17055 James K.. Jones, Esquire 7 Irvine Row Carlisle, P A 17013-3019 (also via facsimile (717) 240-0296) Respectfully submitted, By: Brian H. Smith, Esquire Attorney for Plaintiff {l':\WDOX\C1.l:ENTSIO00940\OO003\OOO184:i9.DOC;I} ~ ~~-~. " ~ (") G: ~ ili ~J;:' ~> fOO (7i :1:.-_ ...".- '-7 rCi ~ ~8 ,PC.' -;;;; ~ <; ,~ __u,,~._~. '~"".. ","' _~, ,~,~~.. _.,.r.__~~W,!l!i!l_P;~lIfll9!!t~ ",,~,_""iI4J!_~ '--'1' ....., = = en C;;.. :boo :z , w -0 ::r ~ w .j;;- o ., :r! m:!J -u~r- :0 C)( -I..,., ::I:-r{ ,~o orn ::_:-1 55 "'< u.."!"" ~~ r. _ ? ,R~.I"" Allf1rst Bank :fJk/a First National Mortgage aIkIa First National Bank Of Maryland VS David M. Cherry aIkIa David Michael Cherry and Dana L. Cherry In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2000-1799 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Kerry S. Schuman. Sheriff's Costs: Docketing Surcharge Prothonotary Poundage Advertising Levy Posting Handbills Postpone Sale Mileage Share of Bills Patriot News Law Journal 30.00 30.00 1.00 2,192.25 15.00 15.00 15.00 180.00 17.16 30.49 261.37 270.05 $3,057.32 ../ q/UjD(, r <~~ R. Thomas Kline, Sheriff ByJD~~ Real Estate ergeant I'<Y' 'f'(l{if'r 1f cI<-- ''1'31 ~I ..~,~ '-. " ll";- , H:\JGEFTMAN\M&T MORTGAGE\CHERRY 940.003 moved from Allfirst ,5.3-04\9-8-04 writ.wpd JAFFE,FRlED~,SC~ SCIOLLA, NEMEROFF, & APPLEBAUM, P.C. BY: KERRY S. SCHU~, ESQUIRE Attorney I.D. #40352 Suite 200 7848 Old York Road Elkins Park, P A 19027 (215) 635-7200 Attorney for Plaintiff ALLFIRST BANK. fi'kla FIRST NATIONAL MORTGAGE aIkIa FIRST NATIONAL BANK OF MARYLAND v. I I Court of Common Pleas I I Cumberland County No. 00-1799 DAVID M. CHERRY aIkIa DAVID MICHAEL CHERRY and DANA L. CHERRY AFFIDAVIT PURSUANT TO RULE 3129.1 Allfirst Bank fi'kla First National Mortgage aIkIa First National Bank of Maryland, Plaintiff in the above action, sets forth as of the date that the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at: 606 Allenview Drive Mechanicsburg, P A 17055 (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") (") "'" 0 <.co (= = -n ?:: -,-- -r}tTJ :Jl: :r.!:n ~I 1.:,' Jc" -< m, - )-~ 14m r -JO ~9 '.' "';., -.I 01 ~~~ --t~ 'T . '"D --,1 0- -~ zO /" c: 'rn >. c::: <d 9. 7': ~ ::;J r- , '< H:\JGEFI'MAN\M&T MORTGAOE\CHERRY 940.003 moved from Allfirst 5~3.04\9..g.04 writ.wpd 1. Name and address ofOwner(s) or Reputed Owner(s); David M. Cherry aIkIa David Michael Cherry Dana L. Cherry 606 Allenview Drive Mechanicsburg, P A 17055 2. Name and address of Defendant(s) in the judgment: David M. Cherry aIkIa David Michael Cherry Dana L. Cherry 606 Allenview Drive Mechanicsburg, P A 17055 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Pennsylvania Power & Light Company 1801 Brookwood Street Harrisburg, P A 17105 Upper Allen Township 100 Gettysburg Pike Mechanicsburg, P A 17055 Allenview Home Owners Association, Inc. 3512 Trindle Road Camp Hill, P A 17011 Allfirst Bank f7k1a First National Mortgage aIkIa First National Bank of Maryland One Fountain Plaza - 6th Floor Buffalo,}fY 14203 4. Name and address of the last recorded holder of every mortgage of record: Allfirst Bank flkla First National Mortgage aIkIa First National Bank of Maryland One Fountain Plaza - 6th Floor Buffalo,}fY 14203 5. Name and address of every other person who has any record lien on the property; NIA 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: Cumberland County Domestic Relations Dept. 13 N. Hanover Street Carlisle, P A 17013 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, P A 17013 Commonwealth of Pennsylvania Dept. of Public Welfare Third Floor W Health & Welfare Bldg. Harrisburg, P A 17120 , :H:\JGEFTMAN\M&T MORTGAGE\CHERRY 940.003 moved from Allfim 5.3-04\9-8-04 wriLwpd 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: Marlin Y ohn 6 Hickory Lane Mechanicsburg, P A 17055 Upper Allen Township 100 Gettysburg Pike Mechanicsburg, P A 17055 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. >/r~/() V DATE ' fivJ~ KE Y S. SCHUMAN, ESQUIRE Attorney for Plaintiff ',.0' ~ ~ -~ DESCRIPTION ALL THAT CERTAIN piece or parcel of land Situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a Plan by Rogers and Frederick dated November 19, 1984, as follows, to wit: ALL that land in Stage III, Section C, Townhouse Plot No.7, being more particularly described on said Plan as recorded in Plan Book 46, page 133 and being designated on said Plan as Lot No. 7-D, and also known as 606 Allenview Drive, Mechanicsburg, Pennsylvania 17055. BEGINNING at a point on the Northwest comer of Lot #7-C, said point of beginning being referenced the following coursed and distance from a point on the Western side of Allenview Drive, at line of Al1enview, Stage III, Section B: (I) North 75 degrees 17 minutes East, a distance of35.04 feet; (2) South 14 degrees 41 minutes East, 15.16 feet; and (3) North 75 degrees 19 minutes East, a distance of 62.66 feet to the point and place of beginning; thence North 75 degrees 19 minutes East, a distance of20.84 feet to a point; thence along line of Lot #7-E, South 14 degrees 41 minutes East, a distance of 57.50 feet to a point; thence South 75 degrees 19 minutes West, a distance of 20.84 feet to a point; thence along line of Lot #7-C, North 14 degrees 41 minutes West, a distance of 57.50 feet to a point, the place of beginning. Tax Parcel # 42-28-2423-356 I \ .H:\JGEFTMAN\M&T MORTGAGE\CHERRY 940.003 Illoved from AUfirst 5.3-04\9-8.04 writwpd JAFFE,FRIED~,SCHU~ SCIOLLA, NEMEROFF, & APPLEBAUM, P.C. BY: KERRY S. SCHU~, ESQUIRE Attorney I.D. #40352 Suite 200 7848 Old York Road Ellins Park, PA 19027 (215) 635-7200 Attorney for Plaintiff i I Court of Common Pleas I Cumberland County I I I I No. 00-1799 I I DAVID M. CHERRY aIkIa DAVID MICHAEL ! CHERRY and DANA L. CHERRY I I THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN 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 ENFORCEMENT OF A LmN AGAINST PROPERTY. ALLFIRST BANK ti'kla FIRST NATIONAL MORTGAGE aIkIa FIRST NATIONAL BANK OF MARYLAND v. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: David M. Cherry aIkIa David Michael Cherry and Dana L. Cherry Your house at 606 Allenview Drive, Mechanicsburg, P A 17055 is scheduled to be sold at Sheriffs Sale on September 8, 2004, at 10:00 a.m., in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $124,969.76 plus legal interest obtained by Allfirst Bank ti'kla First National Mortgage aIkIa First National Bank of Maryland against you. 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 canceled if you pay to Al1first Bank ti'kla First National Mortgage aJk!a First National Bank of Maryland the amount of the judgment plus costs, the back payments, late charges costs and reasonable attorneys fees due. To find out how much you must pay, you may call Kerry S. Schuman, Esquire at (215) 635-7200. 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 STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Kerry S. Schuman, Esquire, at: (215) 635-7200. 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 Kerry S. Schuman, Esquire, at (215) 635-7200. . H:\JGEFTMAN\M&T MORTGAGE\CHERRY 940.003 moved from Allfitst 5-3-04\9-8-04 writ.wpd 4. If the amount due from the buyer is nbt paid to the Sheriff, you will remain the owner of the property as if the sale never happened. ' 5. You have a 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 on October 8, 2004. 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 October 8, 2004. 7. You may also have other rights and defenses, or ways of getting your house 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. THIS OFFICE CAN PROVIDE YOU WITH THE 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 COURTADMlNlSTRATOR 4th Floor Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Very truly yours, JAFFE, FRIEDMAN, SCHUMAN, :',10 7/JAEMEROFF & APPLEBAUM, P.C. {~ S. Schuman KSS:srm ~1 _ ~J , ......."""'-""""'""'!~,,,~~ .,..... 1JljI;' ~..... ~.. ,T_~ ~ e~""'~1'l',,~ ,~ I"'.......~ <;2 ~ ~C-. ....0\:J. ,-"-\';',\ ~;i~'; / ~~t} :}? 't;: ~r:' L-.c /-;7- ..-~ A -" 'C" '? ~ ~ -- .J q.. ~~ -C~ ~-;:) VcY. ~--<, -(" -n (~Si ""._; l' 9. 'JQ :;.<; .-0 -.- >- v' " ~ -- ,~ "~Il" _' ~,~~~"",~~l~~~,~ .-. :m1lWtt'\l1i!~W'iII.fIJJ!$lIlfJR!ll;q)"""!II'~_~ ",:'.,~I!1i!i DESCRIPTION ALL THAT CERTAIN piece or parcel of land Situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and describedin accordance witha Plan by Rogers and Frederick dated November 19, 1984, as follows, to wit: ALL that land in Stage Ill, Section C, Townhouse P-lot No.7, being more particularly described on said Plan as recorded in Plan Book 46, page 133 and being designated on said Plan as Lot No. 7-D, and also known as 606 Allenview Drive, Mechanicsburg, Pennsylvania 17055. BEGINNING at a point on the Northwest comer of Lot #7-C, said point of beginning being referenced the following coursed and distance from a point on the Western side of Allenview Drive, at line of Allenview, Stage Ill, Section B; (1) North 75 degrees 17 minutes East, a distance of35.Q4 feet; (2) South 14 degrees 41 minutes East, 15.16 feet; and (3) North 75 degrees 19 minutes East, a distance of 62.66 feet to the point and place of beginning; thence North 75 degrees 19 minutes East, a distance of20.84 feet to a point; thence along line of Lot #7-E, South 14 degrees 41 minutes East, a distance of 57.50 feet to a point; thence South 75 degrees 19 minutes West, a distance of 20.84 feet to a point; thence along line of Lot #7-C, North 14 degrees 41 minutes West, a distance of 57 .50 feet to a point, the place ofbeginning. Tax Parcel # 42-28-2423-356 "'~ >;-- , ~ WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA..) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ALLFIRST BANK f/k/a FIRST NATIONAL MORTGAGE a/k/a FIRST NATIONAL BANK OF MARYLAND Plaintiff (s) From DAVID M. CHERRY a/k/a DAVID MICHAEL CHERRY AND DANA L. CHERRY, 606 ALLENVIEW DRIVE, MECHANICSBURG P A 17055. (I ) You are directed to levy upon the property of the defendant (s land to sell REAL ESTATE NO 00-1799 Civil CIVIL ACTION - LAW LOCATED AT 606 ALLENVIEW DRIVE, MECHANICSBURG PA 17055 (SEE LEGAL DESCRIPTION) . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $124,969.76 Interest 3/8/01 TO 9/8/04 @ $20.54 per diem = Arty's Comm % Arty Paid $1,567.30 Plaintiffpaid Date: MAY 17, 2004 L.L. $26,291.20 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) By: REQUESTING PARTY: Name KERRY S. SCHUMAN, ESQ Address: 7848 OLD YORK RD., STE 200 ELKINSPARK PA 19027 Attorney for: PLAINTIFF Telephone: (215) 635-7200 Supreme Court ID No, 40352 -"'''''''']~11111" " - ~ , Real Estate Sale #37 On June 10, 2004 the sherifflevied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA Known and numbered as 606 Allenview Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 10, 2004 ByJ6ri>>vSMii0 Real Estite- Deputy ~ ~ ~ VI ~'~,~':~ s NN3d - I :.; i ',! ~ / "\ ; " ..j M. UV sr 9 61."11 AIHIl(;:; ,',<", , ""'1I3I1S:l ',"<:oUn;:W II. ,,0.3;')1,;/.10 I I > .P':fil'l!l'_~~~~;J--t~~ifO~IPRlHif!!rs_'m!f"""1""~I$I'-~__.,,,,,,,,,=,,._~ ~toilf!'!il'.,!l!lI!Jj~I_______~,'~j\l,",jj"f'W'1lL'I'=""!!;m''''''h,,,*,:fl!!!"~~Ii"~"j"'~!~~~'1"i!~"'1'!!!~J:iIl!l!![~"",,,,,,,_~~~ "'_~ /f. , THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Danphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sundayl Metro editions which appeared on the 27th day(s) of July and the 3rd and lOth day(s) of August 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co, aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County ofDaupbin in Miscellaneous Book "M", Volume 14, Page 317, COpy SALE#37 ::.~ft!::!= NOTARIAL SEAl. Terry l. Russen, Nola Oly of Horrlsburg, Doup PUBLICATION Member, Pennsylvania Associ " '~EAi. ESTATE SALE N~. .37--.. ~,'c=Wr'l No. 2000-1799 ~--~=~.. CivIl Term ~-.-AI1f1rst Bank flkla ~ ~ First National Mortgage aIkIa -~F'rsl Nallona' Bank --"''''' ~ dfMe1land' ' , .:.--___.'.-Davld M. ~herry . - a1I?a David Michael Cherry .~and D_ana L~ Cherry ~ 'Atty: Kerry Schuman CUMBERLAND COUNTY SHERlFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA, 17013 . ~~.!tii.~THAT CERTAIN piece or parcel of :-~d--l1~ate in Upper Allen Township,. ~CWriberland_ County, PennsylVania, more _'"=parti~yboundedanddescribedinaccord.- ~ce~.w.ith a Plan by Rog"ers and Frederick dated ~ovemoer-I9, 1984. as follows, to wit: =- ArJ:::- that land fu Stage' m, Section C, 'ThwnbOuse Plot No, 7. being more particularly P bI' h ' R . t & Ad rt" C t ~desciiDia on said Pian as recorded in Pian Book U IS er S ecelp .or ve Ismg OS ---'46,~3 and being des:ignated OD said Planas Iblisher of The Patriot-News and The Sunday Patriot-News, newspapers of general J.Q! l'lo..1;D ond." kno\VO as 606 Allan,iew I d 'fth -~ 'd ' d bli ' d 'fi tha th ha Drive, Mech~csburg;:Pennsytvan1a 11055,'- - - IW e ge receIpt 0 e a..10reSaI notice an pu catIon costs an certi es t e same ve . ,,:;;. BEOINNING at a point on the Northwest =;j_()rI1et.o(to.l#.7-C~~~ poinlaf.begilllling being ~fer~nced the following coursed and distance ftom.a.~pornt on (he. Western side of Allenview M;"Diive,atline ofAllenview-;-StageIlI, Section B: ~.(1) North 75 degrees 17 minutes East, a distance -Of 35;Q;ffeet; (2) .South. i,f degrees 4l minutes E?st,T'5Tofeet; and (3) North 75 degrees 19 mimi~East, a distance of 62.66 feet to the point and ptace of beginning; thence North ,75 degrees 19 mln':.utes East, a distance of 20,84 feet to a point; thence along line of Lot #?-E, South 14 degrees 41 minutes East, a distance of 57.50 feet .to._a point; thence South 75 degrees 19 minutes ,We$t, a...disJalJ,l;e of 20.84 feet to a point; thence I along 1~ of Lot #7-C, North 14 degrees 41 m1nll.teSWest, a distance of 57.50 feet to a point, . lhepJaciOfBEGIN'NING. TAX PARCEL 1142-28.2423-35~ Statement of Advertising Costs To TIffi PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 261.37 By.................................................................... ---- __ _Aft _.. &7 Wrtt No, 2000-1799 Civil Allllrst Bank, Ukf a First National Mortgage, afkf a First National Bank of Maryland vs, Da~d M, Cherry, afkfa David Michael Cherry and Dana L, Cherry Atly,: Kerry Schuman DESCRIPTION ALL THAT CERTAIN piece or par- cel of land Situate in Upper Allen Township, Cumberland County. Pennsylvania, more particularly bounded and described In accor- dance with a Plan by Rogers and Frederick dated November 19, 1984, as follows, to wit: ALL that land in Stage m, Sec- tion C, Townhouse Plot No.7, be- ing more particularly described on said Plan as recorded in Plan Book 46, page 133 and being designated on said Plan as Lot No. 7-D, apd also known as 606 Allenview Drtve, Me- chanicsburg, Pennsylvania 17055, BEGINNING at a point on the Northwest comer of Lot #7-C, said point of beginning being referenced the following coursed and distance from a point on the Western side of Allenview Drive, at line of Allenview. Stage III, Section B: (I) North 75 degrees 17 minutes East, a distance of 35,04 feet; (2) South 14 degrees , 41 minutes East, 15.16 feet; and : (3) North 75 degrees 19 minutes East, a ellstance of 62,66 feet to the poInt and place of beginning: thence North 75 degrees 19 minutes East. a distance of 20.84 feet to a point; thence along line of Lot #7-E, South 14 degrees 41 minutes East, a dis- tance of 57.50 feet to a point; thence South 75 degrees 19 minutes West, a distance of 20.84 feet to a point; thence along line of Lot #7-C, North 14 degrees 41 m1nutes West, a dis- tance of 57.50' feet to a point, the place of beginnl!lg. Tax Parcel #42-28-2423-356, " PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor ofthe 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 officia11egal 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, VlZ: JULY 16, 23, 30, 2004 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. ~/LG Li Mane Coyn Editor SWORN TO AND SUBSCRIBED before me this 30 dayof JULY 2004 SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2005 - ~ __ :!ll"" ALLFIRST BANK fIkIa FIRST NATIONAL MORTGAGE a/k/a FIRST NATIONAL BANK OF MARYLAND, Plaintiff vs. DAVIDM. CHERRY a/k/aDAVID MICHAEL CHERRY and DANA L. CHERRY, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v : NO. 00-1799 CIVIL TERM : CNIL ACTION--LA W : MORTGAGE FORECLOSURE ORDER rz~ day of December, 2004, upon consideration of Petitioners' AND NOW, this Petition for Special Order to Postpone Sheriff Sale Pursuant to Pa.R.C.P. No. 3129.3(a), and all other maters of record, the Sheriff of Cumberland County, Pelmsylvania is directed to postpone the Sheriff Sale in the above matter scheduled for December 8, 2004 until January 5, 2005 without further requirement upon Plaintiff to reissue a writ of execution or advertise the James K. Jones, Esquire O-\QvCec.\ ~6) Attorney for Def(;~ndants 7 Irvine Row Carlisle, P A 17013-3019 ~rry S. Schuman, Esquire Attorney for Plaintiff Jaffe, Friedman, Schuman, Sciolla, Nemeroff & Applebaum, P.C. Ste. 200, 7848 Old York Rd. Elkins Park, P A 19027 ~ ~l'O~~XS )>.. tJ) Sf? ~; 6., ('"-'\ tJ,J :-':. C.) ~'..- ~::':c "- rt~::) ':l- - . ,--r @ 't ..I.. I -:-.' ~b 1"- .. " t.:c I 0.. cZl..!.J (-) l.u :::E t:::::l " Ll_, -..,. """', c::;, . 0 = 6 "'-..l , - . -, ALLFIRST BANK flk/a FIRST NATIONAL MORTGAGE alk/a FIRST NATIONAL BANK OF MARYLAND, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-1799 CIVIL TERM vs. CIVIL ACTION-LAW DAVID M. CHERRY alk/a DAVID MICHAEL CHERRY and DANA L. CHERRY, Defendants : MORTGAGE FORECLOSURE DEFENDANTS' PETITION FOR SPECIAL ORDER TO POSTPONE SHERIFF SALE PURSUANT TO Pa.R.C.P. NO. 3129.3(a) 1. Petitioners David M. Cherry and Dana L. Cherry are defendants in the above matter. 2. Respondent AllFirst Bank, which has now merged with M & T Bank, is Plaintiff in the above matter. 3. Respondent duly listed Petitioners' residence 10cat(~d at 606 Allenview Drive, Upper Allen Township, Cumberland County, Pennsylvania for Sheriff Sale scheduled for September 8, 2004. 4. The sale was postponed to Wednesday, December 8, 2004 by Petitioners' petition for bankruptcy filed on September 7,2004. 5. Due to previous dismissed bankruptcy petitions, th(~ Standing Chapter 13 Trustee filed a Motion to Dismiss With Prejudice upon the filing of Petitioners' bankruptcy petition. 6. Due to the oversight of Petitioners' counsel, all documents were filed in the bankruptcy with the exception of an Answer to the Trustee's motion. 7. Based upon the lack of an Answer, the Bankruptcy Court dismissed Petitioners bankruptcy petition thus lifting the automatic stay imposed by the Bankruptcy Code. 8. Petitioners filed a timely Motion for Reconsideration of the Bankruptcy Court's Order dismissing their petition and the Bankruptcy Court has scheduled a hearing for December 16, 2004. 9. The next available date for a Sheriff Sale is January 5,2005. 10. Petitioners desire to postpone the December 8, 2004 Sheriff Sale to January 5, 2005 to permit them to obtain relief from the Bankruptcy Court's Order dismissing their petition and thereafter reinstate their mortgage through a Chapter 13 plan. 11. Counsel for Respondent in the bankruptcy matte:r Jay B. Jones, Esquire is not opposed to the relief requested. 12. Counsel for Respondent in the mortgage foreclosure action Kerry S. Schuman, Esquire has been contacted but his client's position on the relief requested is unknown at this point. WHEREFORE, Petitioners request this Court to order the Sheriff of Cumberland County, Pennsylvania to postpone the Sheriff Sale scheduled in the above matter until January 5, 2005 without a requirement for Respondent to issue a new writ of execution or advertise the rescheduled sale date. Respectfully submitted, J~ s K. Jones, Esq' txftorney for Petitio rs 7 Irvine Row Carlisle, PA 17013-3019 (717) 240-0296 ~~-- --: o " ~~ C,'.:,) ..L- r:'! 1:'["1 C-) I --1 o -1'1 --1 "l:-n in 1,.0: .'(J iJ:1 "r'1\..::J :...1, (1.) ~-:i::~ ~-1'1 ~: C') < \"11 ;-~ 1",;:.., u ."~ -';"'1 ,.. r:? en J:;" AllFIRST BANK : IN THE COURT OF COMMON PLEAS OF flk/a FIRST NATIONAL MORTGAGE : CUMBERLA,ND COUNTY, PENNSYLVANIA a/k/a FIRST NATIONAL BANK OF MARYLAND, PLAINTIFF V. DAVID M. CHERRY a/k/a DAVID MICHAEL CHERRY and DANA L. CHERRY, DEFENDANTS : 00-1799 CIVIL TERM AND NOW, this AMENDED ORDER OF COURT fi day of December, 2004, the order entered on December 7,2004, postponing the Sheriff sale schedulHd this date until January 5, 2005, IS AMENDED to add the following: No additional notice shall be required to be sent to lien holders. By the Court, / / ~ Edgar B. Bayley, vBrian Smith, Esquire Suite 200,7848 Old York Road Elkin Park, PA 19027 For Plaintiff ) ~mes K. Jones, Esquire For Defendants Sheriff :sal ~ ~-, " 'J;l j,,-~ 1-"'\ ~r-.~ r ~ :'1 (''','-, ~....) os ~b t, 'J 8 - :)JQ ~~\)2 i<t)!~,_C'iC-.:_G::~d 3\-\1 :'0 ~:;~)~~0C)--G:r;\j JAN 0 3 200SY 6. tJ JAFFE, FRIEDMAN, SCHUMAN NEMEROFF, APPLEBAUM & McCAFFERY, P.C. BY: BRIAN IL SMITH, ESQUlBE Attomey I.D. #65627 Suite 200 7848 Old York Road Elkins Park, P A 19027 (215) 635-7200 ALLFIRST BANK. f7k1a FIRST NATIONAL MORTGAGE a/kIa FIRST NATIONAL BANK OF MARYLAND v. DAVID M. CHERRY a/kJa DA VlD MICHAEL CHERRY and DANA 1... CHERRY Attorney for Plaintiff Court of Common Pleas Cumberland County No. 00-1799 ORDER AND NOW, this ~ day of ~ . 2005, llpOn consideration of the annexed Petition, it is hereby ORDERED that the Sheriff is directed to postpone the Sheriffs Sale of 606 Allenview Driv~ Mechanicsburg, P A 17055, until March 2, 2005, or until a J. {l':\WDO~OOO3\OOOl84S9.DOC;l} .... ~yU . Q J/ )t~UJ S ~,.ttJ I, S-XVQ( ~tti ~71~W ,,",C1oU 51r:tS7fff or 0'30.,6 hl]~W3~ ~d<7J -50! bit 'l..'_jt'~-;>\~l\~~\~~~:-J \'-, .to, "i \ " .- ._, "".,,6\01"\ \i \\ '.. '.',' .,~, " " ."",'~l 'il \v \\".liV',.... .' " J'\....:-I ~. \ . \',.l'rl~ 1'~\\1. \ l.\t! '1- ,ril \ '3 q<; ~G f" ,_ :. "')\ \ \ 0\10 3\-\1. :.0 ., ~,~ l\ '".,\.. [1.J- Odi\\,j .'" . .v>' 0 1''-' ,~. ?{J\~j 1- : - JAFFE, FRlEDMAN~ SCHUMAN NEMEROFF, APPLEBAUM & MeCAFFERYj P.C. BY: BRIAN B. SMlTB, ESQUIRE Attorney I.D. #65627 Suite 200 7848 Old York Road Elkins Park, PA 19027 (215) 635-7200 ALLFIRST BANK f!kIa FIRST NATIONAL MORTGAGE a/kIa FIRST NATIONAL BANK. OF MARYLAND v. DAVID M. CHERRY a/kJa DAVID MICHAEL CHERRY and DANA L. CHERRY Attorney for Plaintiff Court of Common Pleas Cumberland County No. OO~1799 EX PARTE PETffiON TO POSTPONE SHERIFF'S SALE NOW COMES Plaintiffl' by and through its undersigneeL counsel, and files the following Ex Parte Petition to Postpone Sheriff's Sale: 1. The instant matter was commenced by Plaintiff due to Defendant's breach under a certain. promissory note and related mortgage. 2. Judgment was entered in favor of Plaintiff and against Defendant and a Writ of Execution thereafter issued scheduling Defendant's real estate for Sheriff's Sale on September 8, 2004 and then postponed to December 8, 2004. 3. The Defendants thereafter filed a series ofunsuc,cess:ful Chapter 13 bankmptcies. 4. On October 19, 2004 an Order was entered dismissing the Defendants latest' bankruptcy case with prejudice and prohibiting Defendants from filing a subsequent bankruptcy proceeding without prior leave of court for a period of two years from the dismissal of their latest bankruptcy (Case No# 04-05411). See copy of Court Order attached as Exhibit "A" hereto. {P:\wpoX\CUENTS\OOO940\OOOO3\OOOl84S9.DOC;1} 5. On December 7, 2004, Defendants filed a Petition to Postpone/Stay the Sherifrs Sale, which was granted and as atesu1t, the Sheriff's Sale was PClstponed until January 5,2005. 6. On December 22,2004, Defendants reinstated their Chaptet 13 bankruptcy, No. #04-05411, in the United States B8Dkruptcy Court for the Middle District of Pennsylvania. 7. Pa-R.C.P. 3129.3(b) permits the Sheriff to postpone a sale) once, fur 100 days from the original sale date without further advertisement until the Court orders otherwise. 8. This Sheriffs Sale has already been postponed once by Plaintiff and once by Defendants' Court Order. 9. Upon information and belief; Defendants have not made payments to Plaintiff during the pendency of their most recent bankruptcy, and indeed during prior bankruptcies. 10. As a result thereof: Plaintiff anticipates filing a Motion for Relief from the Automatic Stay in the United States Bankruptcy Court for the 1v.liddle District of Pennsylvania. 11'. The Sheriff's Sale cannot be postponed again without the filing of a new Writ of Execution and additional advertising costs without an Order of Court. 12. As such, Plaintiff respectfully requests this Court to enter an Order directing the Sheriff to postpone the Sheriff's Sale until March 2, 2005, or mrtil a subsequent date, if necessary, upon request by Plaintiff: in order to give Plaintiff additional ti:tne within \vhich to obtain an Order granting relief from the automatic stay, and without further advertising, costs, or notice to lienholders. {p:\WDOX\CUENlS\OOO940\OOOO3\OOOl84S9.DOC;I } WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order in the form attached hereto. RespectfUlly submitted, JAFFE, FRIEDMAN, SCHUMAN, NE:MEROFF, BAUM&N~rCCAFEER.Y'p.C. . "'r A (/' ,L)' $r~- . " fj . _ ,__ J ) By: ~ Bnan H. Smith) ES~luire Attorney for Plaintiff {P:\WDOX\C1lENTS\oOO940\OOOO3\OOO 18459.DOC;1} VERfiilCATlON Brian H. Smith, Esquire, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to take this Affidavit, and that the statements made in the foregoing are true and correct to the best of his knowledge, information and belief. The tmdersigned understands that this statement herein is made subject to the penalties of 18 Po. e.s. Section 4904,rdating.~ unsworn ~on,~ ~I Date: ~. 3 , 2-0C1::J ~~1_) ~ BRIAN H. SMITH, ESQUIRE Attorney for Plaintiff {p:\WDOX\CI...Ia."TS'OOO!l4O\OOOO3\OOO 184S9.DOC;1} UNITED STATES BANKRUPTCY COURT FOR lHEMIDDLEDISTRICfOFPENNSYLVANIA INRE: : CHAPTER 13 DA VII) M. CHERRY and DANA L. CHERRY, Debtors : CASBNO.I-04-05411 ORDER AT Harrisburg, in said district, UPON consideration of the foregoing Chapter 13 Trustees Motion to Dismiss with Prejudice, it is HEREBY ORDERED AND DECREED that debtors' cum:nt Chapter 13 case is dismissed with prejudice and debtors are prohibited from ruing a subsequent bankruptcy proceeding without prior leave of court for a period of two years from the dismissal of the instant proceeding. BY THE COURT: Date: October 19,2004 ("DIG This electronic order is signed andfiled on thi'~ same date. Ir,If IJ .JAFFE, FRIEDMAN, SCHUl\1AN NEMEROFF, APPLEBAUl\'I & McCAFFERY, P.C. BY: BRIAN H. SMITH, ESQUIRE Attorney I.D. #05627 Suite 200 7848 Old York Road Elkins Park, PA 19027 (215) 635-7200 ALLFIRST BANK flk/a FIRST NATIONAL MORTGAGE a!k/a FIRST NATIONAL BMTK OF MARYLAND v. DAVID M. CHERRY aIkIa DAVID MlCHAEL CHERRY and DA1~A L. CHERRY Attorney for Plaintiff Court of Cornman Pleas Cumberland c.ounty No. 00-1799 CERTIFICATE OF SERVICE I, Brian H. Smith, Esquire, hereby certify that a true and con'ect copy of Plaintiff's Ex Parte Petition to Postpone the Sheriff's Sale was served by first-class mail, postage prepaid, on the 3rd day of January, 2005. addressed as follows: David M. Cherry aJk/a David Michael Cherry Dana L. Cherry 606 Allenview Drive Mechanicsburg, P A 17055 James K. JODes, Esquire 7 Irvine Row Carlisle, P A 17013-3019 (also via facsimile (717) 240-0296) Respectfully submdtted, JAFFE, FRIEDMAN, SCHUMAN, NEMEROFF, . ~~ ~,M~....;x:;LL<-4/ fr-tj ~Jff ;L,ru::cI~J By: . Brian H. Smith, Esquire Attorney for Plaintiff {P:iWOOX,CLIENTS'iJ0094(1\OO0031OOO 184S9.DOC; I} (') C -D0~: n;,- -~ ~ u} ;::..,,( ~p ~ (..;) .- ....., = <:::) en <- :1..,.. :;z , W o " :r!" ;f9 ~~ <:S ...- .... --')., ~-.; ('5 C)irt '-1 ~b --< -u :Jt W Allfirst Bank f/k/a First National Mortgage a/k/a First National Bank Of Maryland VS David M. Cherry a/k/a David Michael Cherry and Dana L. Cherry In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No, 2000-1799 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Kerry S. Schuman. Sheriffs Costs: Docketing Surcharge Prothonotary Poundage Advertising Levy Posting Handbills Postpone Sale Mileage Share of Bills Patriot News Law Journal 30,00 30.00 1.00 2,192,25 15.00 15.00 15.00 180,00 17.16 30.49 261.37 270.05 $3,057.32 ../ q/JA/O(, r <VJL ~ R. Thomas Kline, Sheriff ~ ergeant \. v~ <;r <( v!if q r clt- '11) ~l . H:IJGEFrMAN\M&T MORTGAGEICHERRY 940,003 moved from Allfirst 5-3-04\9-8-04 wril.wpd JAFFE, FRIEDMAN, SCHUMAN SCIOLLA, NEMEROFF, & APPLEBAUM, P.C. BY: KERRY S. SCHUMAN, ESQUIRE Attorney I.D. #40352 Suite 200 7848 Old York Road Elkins Park, PA 19027 (215) 635-7200 Attorney for Plaintiff I ALLFIRST BANK f/k/a FIRST NATIONAL l Court of Common Pleas I MORTGAGE aJk/a FIRST NATIONAL l Cumberland County BANK OF MARYLAND I v. No, 00-1799 DAVID M. CHERRY aJk/a DAVID MICHAEL CHERRY and DANA L. CHERRY AFFIDAVIT PURSUANT TO RULE 3129.1 Allfirst Bank f/k/a First National Mortgage aJk/a First National Bank of Maryland, Plaintiff in the above action, sets forth as of the date that the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at: 606 Allenview Drive Mechanicsburg, P A 17055 r--:> C:;~J C:'';'-) -"'- ::-1\: C) c (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") -( -<; o -n ~-n fnr~ -C) [Tl -";\...J ~~~ (') ~:.:~\ en .-....... :n -< _-I (,0 '.. H:\JGEFTMAN\M&T MORTGAGElCHERRY 940.003 moved from A1Ifim 5-3-04\9-8.04 writwpd 1. Name and address ofOwner(s) or Reputed Owner(s): David M. Cherry aIkIa David Michael Cherry Dana L. Cherry 606 Allenview Drive Mechanicsburg, P A 17055 2. Name and address ofDefendant(s) in the judgment: David M. Cherry aIkIa David Michael Cherry Dana L. Cherry 606 Allenview Drive Mechanicsburg, P A 17055 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Pennsylvania Power & Light Company 1801 Brookwood Street Harrisburg, PAl 7105 Upper Allen Township 100 Gettysburg Pike Mechanicsburg, P A 17055 Allenview Home Owners Association, Inc. 3512 Trind1e Road Camp Hill, P A 17011 A11first Bank f7k/a First National Mortgage aIkIa First National Bank of Maryland One Fountain Plaza - 6th Floor Buffalo, NY 14203 4, Name and address of the last recorded holder of every mortgage of record: Allfirst Bank f/kIa First National Mortgage aIkIa First National Bank of Maryland One Fountain Plaza - 6th Floor Buffa1o,~ 14203 5. Name and address of every other person who has any record lien on the property: N/A 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: Cumberland County Domestic Relations Dept. 13 N. Hanover Street Carlisle, P A 17013 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, P A 17013 Commonwealth of Pennsylvania Dept. of Public Welfare Third Floor W Health & Welfare Bldg, Harrisburg, PAl 7120 ~ H:VGEFfMANIM&T MORTGAGEICHERRY 940.003 moved from AJlfint S-3.()4\9-8-04 writ.wpd 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: Marlin Y 000 6 Hickory Lane Mechanicsburg, P A 17055 Upper Allen Township 100 Gettysburg Pike Mechanicsburg, P A 17055 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. ti{~MAN' ESQUIRE Attorney for Plaintiff sir zit) l( DATE DESCRIPTION ALL THAT CERTAIN piece or parcel of land Situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a Plan by Rogers and Frederick dated November 19, 1984, as follows, to wit: ALL that land in Stage III, Section C, Townhouse Plot No.7, being more particularly described on said Plan as recorded in Plan Book 46, page 133 and being designated on said Plan as Lot No. 7-D, and also known as 606 Allenview Drive, Mechanicsburg, Pennsylvania 17055, BEGINNING at a point on the Northwest comer of Lot #7-C, said point of beginning being referenced the following coursed and distance from a point on the Western side of Allenview Drive, at line of Allenview, Stage III, Section B: (1) North 75 degrees 17 minutes East, a distance of35.04 feet; (2) South 14 degrees 41 minutes East, 15.16 feet; and (3) North 75 degrees 19 minutes East, a distance of 62.66 feet to the point and place of beginning; thence North 75 degrees 19 minutes East, a distance of20.84 feet to a point; thence along line of Lot #7-E, South 14 degrees 41 minutes East, a distance of 57.50 feet to a point; thence South 75 degrees 19 minutes West, a distance of 20,84 feet to a point; thence along line of Lot #7-C, North 14 degrees 41 minutes West, a distance of 57.50 feet to a point, the place of beginning. Tax Parcel # 42-28-2423-356 t \. ,H:\JGEFfMAN\M&T MORTGAGEICHERRY 940.003 moved from Allfirst 5-3-04\9-8-ll4 writ.wpd JAFFE, FRIEDMAN, SCHUMAN . SCIOLLA, NEMEROFF, & APPLEBAUM, P.C. BY: KERRY S. SCHUMAN, ESQUIRE Attorney I.D. #40352 Suite 200 7848 Old York Road Elkins Park, P A 19027 (215) 635-7200 Attorney for Plaintiff ALLFIRST BANK f/kIa FIRST NATIONAL MORTGAGE alk/a FIRST NATIONAL BANK OF MARYLAND v, Court of Common Pleas Cumberland County No. 00-1799 DAVID M. CHERRY alk/a DA VID MICHAEL CHERRY and DANA L. CHERRY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN 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 ENFORCEMENT OF A LIEN AGAINST PROPERTY. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: David M, Cherry alk/a David Michael Cherry and Dana L. Cherry Your house at 606 Allenview Drive, Mechanicsburg, P A 17055 is scheduled to be sold at Sheriffs Sale on September 8, 2004, at 10:00 a.m., in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $124,969,76 plus legal interest obtained by AIHirst Bank f/kIa First National Mortgage alk/a First National Bank of Maryland against you. 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 canceled if you pay to Allfirst Bank f/kIa First National Mortgage a/k/a First National Bank of Maryland the amount of the judgment plus costs, the back payments, late charges costs and reasonable attorneys fees due. To find out how much you must pay, you may call Kerry S. Schuman, Esquire at (215) 635-7200. 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 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 bid price by calling Kerry S. Schuman, Esquire, at: (215) 635-7200. 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 Kerry S. Schuman, Esquire, at (215) 635-7200. t . H:\JGEFrMAN\M&T MORTGAGE\CHERRY 940.003 moved from Allfirst 5-3-04\9-8-04 writ.wpd 4, Ifthe amount due from the buyer is nbt paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a 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 on October 8,2004. 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 October 8, 2004. 7. You may also have other rights and defenses, or ways of getting your house 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. THIS OFFICE CAN PROVIDE YOU WITH THE INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY COURT ADMINISTRATOR 4th Floor Cumberland County Courthouse Carlisle, P A 17013 (717) 240-6200 Very truly yours, KSS:srm JAFFE, FRIEDMAN, SCHUMAN, S?'7ANEMEROFF & APPLEBAUM, P.c. tf.e1r S. Schuman G (~;[;, ..<;' r:-~, c.;.:;;.. J-- ~~ '7 '::/) " } ..;'- ~f\ .~, -;:; \'('\5: ....('. \."J -::j),i~ .~~.~"' -;t. ;~ <-- t.;~ s:- ,/ DESCRIPTION ALL THAT CERTAIN piece or parcel of land Situate in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a Plan by Rogers and Frederick dated November 19, 1984, as follows, to wit: ALL that land in Stage III, Section C, Townhouse Plot No.7, being more particularly described on said Plan as recorded in Plan Book 46, page 133 and being designated on said Plan as Lot No. 7-D, and also known as 606 Allenview Drive, Mechanic:sburg, Pennsylvania 17055. BEGINNING at a point on the Northwest comer of Lot #7-C, said point of beginning being referenced the following coursed and distance from a point on the Western side of Allenview Drive, at line of Allenview, Stage III, Section B: (1) North 75 degrees 17 minutes East, a distance of35,04 feet; (2) South 14 degrees 41 minutes East, 15.16 feet; and (3) North 75 degrees 19 minutes East, a distance of 62,66 feet to the point and place of beginning; thence North 75 degrees 19 minutes East, a distance of20.84 feet to a point; thence along line of Lot #7 -E, South 14 degrees 41 minutes East, a distance of 57,50 feet to a point; thence South 75 degrees 19 minutes West, a distance of 20.84 feet to a point; thence along line of Lot #7-C, North 14 degrees 41 minutes West, a distance of 57.50 feet to a point, the place of beginning. Tax Parcel # 42-28-2423-356 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA-) COUNTY OF CUMBERLAND) NO 00-1799 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ALLFIRST BANK f/k/a FIRST NATIONAL MORTGAGE a/k/a FIRST NATIONAL BANK OF MARYLAND Plaintiff (s) From DAVID M. CHERRY a/k/a DAVID MICHAEL CHERRY AND DANA L. CHERRY, 606 ALLENVIEW DRIVE, MECHANICSBURG P A 17055. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 606 ALLENVIEW DRIVE, MECHANICSBURG PA 17055 (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 $124,969.76 L.L. Interest 3/8/01 TO 9/8/04 @ $20.54 per diem = $26,291.20 Atty's Comm % Atty Paid $1,567.30 Plaintiff Paid Date; MAY 17, 2004 Due Prothy $1.00 Other Costs (Seal) CURTIS R. LONG Pro~mry J i ~ BY/fH.L) ;P1 'J Deputy REQUESTING PARTY: Name KERRY S. SCHUMAN, ESQ Address: 7848 OLD YORK RD., STE 200 ELKINS PARK PA 19027 Attorney for: PLAINTIFF Telephone: (215) 635-7200 Supreme Court ID No. 40352 Real Estate Sale #37 On June 10,2004 the sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, P A Known and numbered as 606 Allenview Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 10, 2004 ByJ6 dJJySMilh Real EstMe Deputy ~ ~ ~ t,i IN V,t\ 11 (' . "f:3 '. ",.....~ d ~. . ",' '1 t j '" rO. UV ar e 61 J.'H All'ifi'J.J " ;I:l/~3HS Jh' ..,-,_i.;rin~ ~ J 1J j;;i~JO ~ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Conunonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Conunonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 27th day(s) of July and the 3rd and 10th day(s) of August 2004. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "MOl, Volume 14, Page 317. COpy SALE #37 .........,....~A:j Sworn to ane:~ed b~fore me . PUBLICATION REAL ESTATE SALE No. 37 , Writ No.: 2080-1_ CWHTtnn AIIftret' .... fIIrIa FIrat NIIIonaI =,=.ncIa F1ratNtdlonaI , . of IIlIryIInd , v. DavtdM. CIwry, " lIIkIa'DnId MIchael Cherry .' Md DanaL. Cherry- Ally: ~ Schuman ALL 'lHAT CBRTAIN pia:e or parcel of landsituaIC in Upper AI1en TownIbip, Cumberlll1dCounty, PelInsylVll1ia. more particularly bounded and, 'lbcribcd in 1lW1l\. ance with a Plan by Ropand ~ck dated November 19, 1984, as fo1Iows. to WIt: ALL thal land, ill, Stage m, Sectioo C, =on~ ~r;'=ht~~ Publisher's Receipt for Advertising Cost ~~ ~~~.~beioa=tedOBsaidPla,as Iblisher of~e Patriot-News ~nd TJ.1e Sunday P~tri~t-News, newspa~ers of general 'Dme,~PeImSyI:"~~ )wledge receIpt of the aforesaId notIce and publIcatIon costs and certIfies that the same have BBGlNNlHG -.l a point 011 the .Not1lIwest COlIIcl of ~.c, aaid poiDtlif ~'1Ieioa refer..encedthe following couned tlIIl ifillaDce from, a point On the WCSleln side of ~ Drive, at IiDe of AIIenview, Staae m, Section B: (1) NOI'Ib 75 depa,l7.milIUles East, a distance of 35.04 feet; (2) 'S<luIb 1~ clepes41 minutes East, 15.16 filet; and mNMII 7S'degrees 19 mimI~ East, a diJIance of 62.66 feel to the point andpll!Ce of IqinniQg; theDce' North 75 degrees 19 miJI;.utes Hut, a dialance of 20.84 feet 10 a point; theIIC6 a100g ,line ot Lot in.B, South 14 degrees ,41 miautes Bat. . diItaace of 57,s(} feet ~ .. ~, ~ SIlu\b.iS ckp.& 19 miuules West, a diBlaDce of 20.84 feet to a point: thence a1?D8 line ottot 1fT-C. NOrth 14 degJ'eea 41 mmutes West, a dislallce of 57,50 feet ID a ooint Member, PennaylvanlaAuocla CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 261.37 By.................................................................... PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYL VANIA : 55. 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: JULY 16,23,30,2004 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 30 day of JULY 2004 SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2005 RBAL UTATE SALE NO. 37 Writ No. 2000-1799 Civil Allflrst Bank, f/k/a First National Mortgage, a/k/a First National Bank of Maryland vs. David M, Cherry, a/k/a David Michael Cherry and Dana L, Cherry Atty.: Kerry Schuman DESCRIPTION ALL THAT CERTAIN piece or par- cel of land Situate in Upper Allen Township, Cumberland County, Pennsylvania. more particularly bounded and described in accor- dance with a Plan by Rogers and Frederick dated November 19, 1984, as follows, to wit: ALL that land in Stage III, Sec- tion C, Townhouse Plot No.7, be- ing more particularly described on said Plan as recorded in Plan Book 46. page 133 and being designated on said Plan as Lot No, 7-D, and also known as 606 Allenview Drive, Me- chanicsburg, Pennsylvania 17055. BEGINNING at a point on the Northwest comer of Lot #7-C, said point of beginning being referenced the following coursed and distance from a point on the Western side of Allenview Drive, at line of Allenview, Stage III, Section B: (1) North 75 degrees 17 minutes East, a distance of 35.04 feet; (2) South 14 degrees 41 minutes East, 15.16 feet; and (3) North 75 degrees 19 minutes East, a distance of 62.66 feet to the point and place ofbeginnlng; thence North 75 degrees 19 minutes East. a distance of 20.84 feet to a point; thence along line of Lot #7-E, South 14 degrees 41 minutes East. a dis- tance of 57.50 feet to a point; thence South 75 degrees 19 minutes West, a distance of 20.84 feet to a point; thence along line of Lot #7 -C, North 14 degrees 41 minutes West, a dis- tance of 57.50 feet to a point. the place of beginning. Tax Parcel #42-28-2423-356.