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HomeMy WebLinkAbout07-1180PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 149529 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff V. JEFFREY A. SHENCK 1721 WARREN STREET NEW CUMBERLAND, PA 17070 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 6.7 - ljd;??) 01. ?C' ? CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 149529 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 149529 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File #<: 149529 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 149529 1. Plaintiff is US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: JEFFREY A. SHENCK 1721 WARREN STREET NEW CUMBERLAND, PA 17070 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/25/2004 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATIN SYSTEMS, INC. AS A NOMINEE FOR EQUIFIRST CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1872, Page: 1071. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/05/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 149529 6. The following amounts are due on the mortgage: Principal Balance $124,740.53 Interest $3,511.83 10/05/2006 through 02/28/2007 (Per Diem $23.89) Attorney's Fees $1,250.00 Cumulative Late Charges $127.41 06/25/2004 to 02/28/2007 Cost of Suit and Title Search 550.00 Subtotal $130,179.77 Escrow Credit $0.00 Deficit $21.00 Subtotal 21.00 TOTAL $130,200.77 7 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 149529 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $130,200.77, together with interest from 02/28/2007 at the rate of $23.89 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIE , LLP By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 149529 LEGAL DESCRIPTION ALL THOSE TWO (2) certain tracts of land, together with the improvements thereon erected, situate, lying and being in the Borough of New Cumberland, Cumberland County, Pennsylvania, bounded, limited and described as follows, to wit: TRACT 1: BEGINNING at a point on the easterly line of Warren Street, at a distance of five hundred thirty and five-tenths (530.5) feet in a northerly direction from Sixteenth Street; thence along Warren Street North forty-one (41) degrees forty-seven (47) minutes West sixty (60) feet to a point; thence along Lot No. 5, Section'G', on the hereinafter mentioned plan North forty-eight (48) degrees thirteen (13) minutes East one hundred fifteen (115) feet to a point; thence along Lot No. 22, Section'G', South forty-one (41) degrees forty-seven (47) minutes East sixty (60) feet to a point; thence along Lot No. 7, Section 'G' South forty-eight (48) degrees thirteen (13) minutes West one hundred fifteen (115) feet, to the point or place of BEGINNING. BEING Lot No. 6, Block 'G', on the Plan of Westover Gardens, as recorded in the Office of the Recorder of Deeds of Cumberland County, in Plan Book 3, page 50. TRACT 2: BEGINNING at a point, the intersection of the southerly line of Lot No. 5, Section G, on the hereinafter mentioned plan, with the easterly line of Lot No. 6, Section G, on said plan; thence File #: 149529 along the line dividing Lots Nos. 22 and 23, Section G, North 48 degrees 13 minutes East seventy-eight (78) feet, more or less, to a point; thence along lands of the Longanecker Estate South 55 degrees 44 minutes East sixty (60) feet, more or less, to a point; thence along the line dividing Lots Nos. 21 and 22, Section G, South 48 degrees 13 minutes West ninety-one (91) feet, more or less, to a point on the easterly line of Lot No. 6, Section G; thence by the same North 41 degrees 47 minutes West sixty (60) feet to a point; the place of BEGINNING. BEING a portion of Lot No. 22, Section G, on a plan of lots known as Westover Gardens, said plan being recorded in the Office of the Recorder of Deeds in and for said County of Cumberland in Plan Book No. 3, Page 50. BEING PARCELS #26-23-0541-007 and #26-23-0541-007A PROPERTY BEING: 1721 WARREN STREET File #: 149529 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: 4 q,% 6 b d n N rte V i G q T C"t 1 -ems ?'7 1 / C`r1 _?7 0?) " PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 3476 STATEVIEW BLVD FORT MILL, SC 29715 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, V. JEFFREY A. SHENCK 1721 WARREN STREET NEW CUMBERLAND, PA 17070 NO. 07-1180 CIVIL TERM Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against JEFFREY A. SHENCK, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 3/1/07 to 4/17/07 TOTAL $130,200.77 $1,146.72 $131,347.49 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. DANIEL G. SCHMIEG, ESQUIR Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 9(-007 PRO PROT 149529 t v (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 CIVIL DIVISION Plaintiff, V. JEFFREY A. SHENCK CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 07-1180 CIVIL TERM Defendant(s). J4)19 DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Notice is given that a Judgment in the above-captioned matter has been entered against you on 200'7. By: If you have any questions concerning this matter, please contact: ., PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS : COURT OF COMMON PLEAS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 : CIVIL DIVISION Plaintiff CUMBERLAND COUNTY Vs. NO. 07-1180-CIVIL TERM JEFFREY A. SHENCK Defendants TO: JEFFREY A. SHENCK 1721 WARREN STREET NEW CUMBERLAND, PA 17070 FILL COPY DATE OF NOTICE: APRIL 4, 2007 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 S ei'v F NCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 Plaintiff, v. JEFFREY A. SHENCK Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-1180 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JEFFREY A. SHENCK is over 18 years of age and resides at, 1721 WARREN STREET, NEW CUMBERLAND, PA 17070. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. C,? DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff 7J- Am PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 Plaintiff, V. JEFFREY A. SHENCK No. 07-1180 CIVIL TERM Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $131,347.49 Interest from 4/17/07 to SEPTEMBER 5, 2007 $3,044.19 (per diem -$21.59) Add'1 cost $1,848.50 TOTAL $136,240.18 ka xu P lip, A rk,,.,:.,,- ) DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station U 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale._ The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 149529 d ? O ? ? a a ? U ? o OW Ov?N O O p O O ?N ? cv co il_ . . .1 ? ? LLI `?4 ? 43+ 6y o ° v N v W w O Wo w.. O y o P4 W O c a? V a v/ w 4 wr. V ? M ? a y Ci `6r r t C%n d O r r d a A d U W W ? a o ? d r w 0 V dD 67- r U C c• ? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-1180 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7, Plaintiff (s) From JEFFREY A. SHENCK (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 gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $131,347.49 L.L. $.50 Interest FROM 4/17/07 TO 9/5/07 (PER DIEM - $21.59 - $3,044.19 AND COSTS Atty's Comm % Atty Paid $140.32 Plaintiff Paid Date: APRIL 27, 2007 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Due Prothy $2.00 Other Costs ADD'L COST - $1,848.50 C ong, P tary By: Deputy Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 Plaintiff, V. JEFFREY A. SHENCK Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-1180 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ? Ca .? ? ? ? _ ?; r ? .+? r --% US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 Plaintiff, V. JEFFREY A. SHENCK CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-1180 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at, 1721 WARREN STREET, NEW CUMBERLAND, PA 17070. 1. Name and address of Owner(s) or reputed Owner(s): Name JEFFREY A. SHENCK Last Known Address (if address cannot be reasonably ascertained, please indicate) 1721 WARREN STREET NEW CUMBERLAND, PA 17070 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None -% 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 1721 WARREN STREET NEW CUMBERLAND, PA 17070 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. April 17, 2007 '00am A C DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff C? r 3 -a rn , Crl -jj , 7- CD OD ZCT 1 tJ US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 Plaintiff, V. JEFFREY A. SHENCK Defendant(s). CUMBERLAND COUNTY No. 07-1180 CIVIL TERM April 17, 2007 TO: JEFFREY A. SHENCK 1721 WARREN STREET NEW CUMBERLAND, PA 17070 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKR UPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY." Your house (real estate) at, 1721 WARREN STREET, NEW CUMBERLAND, PA 17070, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $131,347.49 obtained by US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a repre§entative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THOSE TWO (2) certain tracts of land, together with the improvements thereon erected, situate, lying and being in the Borough of New Cumberland, Cumberland County, Pennsylvania, bounded, limited and described as follows, to wit: TRACT 1: BEGINNING at a point on the easterly line of Warren Street, at a distance of five hundred thirty and five-tenths (530.5) feet in a northerly direction from Sixteenth Street; thence along Warren Street North forty-one (41) degrees forty-seven (47) minutes West sixty (60) feet to a point; thence along Lot No. 5, Section'G', on the hereinafter mentioned plan North forty-eight (48) degrees thirteen (13) minutes East one hundred fifteen (115) feet to a point; thence along Lot No. 22, Section'G', South forty-one (41) degrees forty-seven (47) minutes East sixty (60) feet to a point; thence along Lot No. 7, Section'G' South forty-eight (48) degrees thirteen (13) minutes West one hundred fifteen (115) feet, to the point or place of BEGINNING. BEING Lot No. 6, Block 'G', on the Plan of Westover Gardens, as recorded in the Office of the Recorder of Deeds of Cumberland County, in Plan Book 3, page 50. TRACT 2: BEGINNING at a point, the intersection of the southerly line of Lot No. 5, Section G, on the hereinafter mentioned plan, with the easterly line of Lot No. 6, Section G, on said plan; thence along the line dividing Lots Nos. 22 and 23, Section G, North 48 degrees 13 minutes East seventy-eight (78) feet, more or less to a point; thence along lands of the Longanecker Estate South 55 degrees 44 minutes East sixty (60) feet, more or less, to a point; thence along the line dividing Lots Nos. 21 and 22, Section G, South 48 degrees 13 minutes West ninety-one (91) feet, more or less, to a point on the easterly line of Lot No. 6, Section G; thence by the same North 41 degrees 47 minutes West sixty (60) feet to a point; the place of BEGINNING. BEING a portion of Lot No. 22, Section G, on a plan of lots known as Westover Gardens, said plan being recorded in the Office of the Recorder of Deeds in and for said County of Cumberland in Plan Book No. 3, Page 50. BEING PARCELS 426-23-0541-007 AND #26-23-0541-007A PREMISES BEING: 1721 WARREN STREET, NEW CUMBERLAND, PA 17070 TITLE TO SAID PREMISES IS VESTED IN Jeffrey A. Shenck, single man, by Deed from Philip M. Clarke, dated 12/31/2002, recorded 01/15/2003, in Deed Book 255, page 1746. n ? r ,?-- 9 r-o SHERIFF'S RETURN - REGULAR CASE NO: 2007-01180 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS SHENCK JEFFREY A TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHENCK JEFFREY A the DEFENDANT , at 1650:00 HOURS, on the 14th day of March 2007 at 1721 WARREN STREET NEW CUMBERLAND, PA 17070 by handing to JEFFREY A SHENCK a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 16.32 Affidavit .00 Surcharge 10.00 00 4 W6 Sworn and Subscibed to 31aglol before me this day of , So Answers: R. Thomas Kline 03/15/2007 PHELAN HALLINAN SCHMIEG By: -?. eputy Sh iff A.D. AFFIDAVIT OF SERVICE PLAINTIFF US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 DEFENDANT(S) JEFFREY A. SHENCK SERVE: JEFFREY A. SHENCK 1721 WARREN STREET NEW CUMBERLAND, PA 17070 CUMBERLAND COUNTY No. 07-1180 CIVIL TERM ACCT. #149529 Type of Action - Notice of Sheriffs Sale Sale Date: SEPTEMBER 5, 2007 tt SERVED I A ,, Served and made known to . w1 Defendant, on the ' ? ?^ day of M A? 206, at %O?2- , o'clock p.m., at 1--7a I VV' S-? • , NeLIJl. UAq tai . Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 4 Height ? rU Weight 1'96 Race V? Sex OA Other I, P64A'L,0 MQ L-L, , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. toind s71D this y INN By : MPT S V EI.EAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. _. r..• ,i r 8 Stag v.. evr 2 s y NOT SERVED PATRICI A E. HARRIS (4sion Expires&16, 2008 , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vt Attempt: Time: Vacant 2°d Attempt: / / Time• 3rd Attempt: Time: Sworn to and subscribed before me this day of 1200 Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 A4 L? 0 ?? - ? ? ? ? ?? , ? ?' ? ? "?-: ?--? r' ?_ ? i ? ? ' ? ? ? .?" 0 w IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 Plaintiff V. JEFFREY A. SHENCK Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-1180 CIVEL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND COUNTY ) SS: Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 1721 WARREN STREET, NEW CUMBERLAND, PA 17070. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the Affidavit No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. P ? J DANIEL G. SC MIE , ESQUIRE Attorney for Plaintiff Date: .Tiny 31, 2007 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he sold in the ahsence of a representative of the plaintiff at the Sheriffs Sale, The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 149529 y a-i(O + o 'oo y so?di 0?U81 °Zo G a °`-oz-"n 4 a 0 0 n U O V aW' x A a O O A Y d ? opt sy r' N -28 A s a U o? N ? f coo S'1 ? ? C) p C. a `n '-1.; cr_ -rt rn Q Gr US Bank National Association, as Trustee In The Court of Common Pleas of For Credit Suisse First Boston Heat 2004-7 Cumberland County, Pennsylvania VS Writ No. 2007-1180 Civil Term Jeffrey A. Shenck Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on June 18, 2007 at 2017 hours, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant to wit: Jeffrey A. Shenck, by making known unto Jeffrey A. Shenck personally at 1721 Warren Street, New Cumberland, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Sharon Lantz, Deputy Sheriff, who being duly sworn according to law, states that on July 11, 2007 at 1450 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Jeffrey A. Shenck located at 1721 Warren Street, New Cumberland, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Jeffrey A. Shenck, by regular mail to his last known address of 1721 Warren Street, New Cumberland, PA 17070. This letter was mailed under the date of July 2, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriffs Costs: Docketing 30.00 Poundage 30.00 Advertising 30.00 Posting Handbills 30.00 Law Library .50 Prothonotary 2.00 Mileage 81.60 Levy 30.00 Surcharge 30.00 Law Journal 515.00 Patriot News 440.36 Share of Bills 15.69 Postpone Sale 40.00 L?o h $1,275.15 ? I?1- So Answers: R. Thomas Kline, Sheriff BY Real Estate S rgeant D • to" BANK NATIONAL ASSOCIATION, 10 AS TRUSTEE FOR CREDIT SUISSE CUMBERLAND COUNTY FIRST BOSTON HEAT 2004-7 COURT OF COMMON PLEAS Plaintiff, V. CIVIL DIVISION JEFFREY A. SHENCK NO. 07-1180 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at, 1721 WARREN STREET, NEW CUMBERLAND, PA 17070. 1. Name and address of Owner(s) or reputed Owner(s): Name JEFFREY A. SHENCK Last Known Address (if address cannot be reasonably ascertained, please indicate) 1721 WARREN STREET NEW CUMBERLAND, PA 17070 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 1721 WARREN STREET NEW CUMBERLAND, PA 17070 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. April 17, 2007 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 Plaintiff, V. JEFFREY A. SHENCK Defendant(s). CUMBERLAND COUNTY No. 07-1180 CIVIL TERM April 17, 2007 TO: JEFFREY A. SHENCK 1721 WARREN STREET NEW CUMBERLAND, PA 17070 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at, 1721 WARREN STREET, NEW CUMBERLAND, PA 17070, is scheduled to be sold at the Sheriff s Sale on SEPTEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $131,347.49 obtained by US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause, 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) V, YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THOSE TWO (2) certain tracts of land, together with the improvements thereon erected, situate, lying and being in the Borough of New Cumberland, Cumberland County, Pennsylvania, bounded, limited and described as follows, to wit: TRACT 1: BEGINNING at a point on the easterly line of Warren Street, at a distance of five hundred thirty and five-tenths (530.5) feet in a northerly direction from Sixteenth Street; thence along Warren Street North forty-one (41) degrees forty-seven (47) minutes West sixty (60) feet to a point; thence along Lot No. 5, Section'G', on the hereinafter .mentioned plan North forty-eight (48) degrees thirteen (13) minutes East one hundred fifteen (115) feet to a point; thence along Lot No. 22, Section'G', South forty-one (41) degrees forty-seven (47) minutes East sixty (60) feet to a point; thence along Lot No. 7, Section 'G' South forty-eight (48) degrees thirteen (13) minutes West one hundred fifteen (115) feet, to the point or place of BEGINNING. BEING Lot No. 6, Block'G', on the Plan of Westover Gardens, as recorded in the Office of the Recorder of Deeds of Cumberland County, in Plan Book 3, page 50. TRACT 2: BEGINNING at a point, the intersection of the southerly line of Lot No. 5, Section G, on the hereinafter mentioned plan, with the easterly line of Lot No. 6, Section G, on said plan; thence along the line dividing Lots Nos. 22 and 23, Section G, North 48 degrees 13 minutes East seventy-eight (78) feet, more or less to a point; thence along lands of the Longanecker Estate South 55 degrees 44 minutes East sixty (60) feet, more or less, to a point; thence along the line dividing Lots Nos. 21 and 22, Section G, South 48 degrees 13 minutes West ninety-one (91) feet, more or less, to a point on the easterly line of Lot No. 6, Section G; thence by the same North 41 degrees 47 minutes West sixty (60) feet to a point; the place of BEGINNING. BEING a portion of Lot No. 22, Section G, on a plan of lots known as Westover Gardens, said plan being recorded in the Office of the Recorder of Deeds in and for said County of Cumberland in Plan Book No. 3, Page 50. BEING PARCELS #26-23-0541-007 AND #26-23-0541-007A PREMISES BEING: 1721 WARREN STREET, NEW CUMBERLAND, PA 17070 TITLE TO SAID PREMISES IS VESTED IN Jeffrey A. Shenck, single man, by Deed from Philip M. Clarke, dated 12/31/2002, recorded 01/15/2003, in Deed Book 255, page 1746. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-1180 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CREDIT SUISSE FIRST BOSTON HEAT 2004-7, Plaintiff (s) From JEFFREY A. SHENCK (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $131,347.49 L.L. $.50 Interest FROM 4/17/07 TO 9/5/07 (PER DIEM - $21.59 - $3,044.19 AND COSTS Atty's Comm % Atty Paid $140.32 Plaintiff Paid Due Prothy $2.00 Other Costs ADD'L COST - $1,848.50 Date: APRIL 27, 2007 (Seal) REQUESTING PARTY: 9 C . Long, n tary By: Deputy Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 i GF) Real Estate Sale # 26 On May 3, 2007 the Sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA Known and numbered as 1721 Warren Street, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 3, 2007 By: J- S nA' Real Es to Sergeant . r "ti THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 18th and 25th day(s) of July and the 1st day(s) of August 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE #26 ju'? b ...... 5d., Sworn to and subscribed befc0Cnft104AA1.V a PD 11"IM! elft w 7N N"1t+?i?iY??ir[L?dltBfli?N- #111?11M~ ALL THON TWO (2) caum bask of bad,. "ad= wib die i®pmvemeWa'&MM aeCD4 bow4o , firmed ac, 8 faftow,, M wit TRACT 1: Rl=is: Seal I Terry L. Russ;., _ ,ot ;4y Puli11c City Of Harrisburg, Dauphin County My Commission Expires June ', 20 -U Aombc;!? Rnr.Jlv?npa,?SROCi.tinnofAlntar6P? NOTARY PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. 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 20, July 27, and August 3, 2007 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. REAL ESTATE SALE NO. 26 Writ No. 2007-1180 Civil US Bank National Association, as Trustee for Credit Suisse First Boston Heat 2004-7 V& Jeffrey A. Shenck Atty.: Daniel Schmieg DESCRIPTION ALL THOSE TWO (2) certain tracts of land, together with the improve- ments thereon erected, situate, lying and being in the Borough of New Cumberland, Cumberland County, Pennsylvania, bounded, limited and described as follows, to wit: TRACT 1: BEGINNING at a point on the easterly line of Warren Street, at a distance of five hundred thirty and five-tenths (530.5) feet in a north-, erly direction from Sixteenth Street; thence along Warren Street North 7)Z2_ ?1_ Lis arie Coyn Editor SWORN TO AND SUBSCRIBED before me this day of August, 2007 Notary RAH A COLLINS FC.AVRLI%E TARIAL SEAL tary Pubft , CUMBERLAND COUNTY n EXPIrss Apr 26, 2010 2? ? ,r.' _.?,z. ? ? ?i ?